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2009-06-08 - City Commission Workshop Meeting Agenda
0p TA C4DP CITY OF TAMARAC NOTICE OF WORKSHOP MEETING CITY COMMISSION OF TAMARAC, FLORIDA CITY HALL - CONFERENCE ROOM 105 MONDAY JUNE 8, 2009 H # Back g Print CALL TO ORDER: 9:30 A.M. ROLL CALL: PLEDGE OF ALLEGIANCE: Mayor Beth Flansbaum-Talabisco 1, Item No. 6(g) on the Consent Agenda. NW 50th AVENUE SIDEWALK EASEMENT: (TR11630) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute a Sidewalk Easement with the estate of Jacob Lutz, for the NW 50th Avenue Sidewalk Project, Authorizing and directing the City Clerk to record said agreement in the public records of Broward County; providing for conflicts; providing for severability; and providing for an effective date. - Public Works Director Jack Strain 2. Item No. 6 (e) on the Consent Agenda. SUPPORTING BROWARD COUNTY'S FUNDING OF SCHOOL RESOURCE OFFICERS: (TR11633) A Resolution of the City Commission of the City of Tamarac, Florida uriging the Board of County Commissioners for Broward County and the School Board of Broward County to ensure that there is sufficient funding to provide School Resource Officers for all schools located in Broward County; providing for conflicts; providing for severability; and providing for an effective date. - City Manager Jeffrey L. Miller 3. Item No. 6 (h) on the Consent Agenda. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM APPLICATION: (TR11637) A Resolution of the City Commission of the City of Tamarac, Florida authorizing submission of a grant application, acceptance and execution of the grant agreement upon approval pending legal review in the amount of $544,900 to the U.S. Department of Energy for Recovery Act — Energy Efficiency and Conservation Block Grant program (EECBG) funds for the provision of an Energy Efficiency and Conservation Strategy, and all related equipment recommended for inclusion under this strategy. - Assistant City Manager Diane Phillips and Special Projects Coordinator Michael Gresek 4. Item No. 6(b) on the Consent Agenda. PURCHASE OF SOLAR SALT FROM MORTON SALT: (TR11618) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve the participation in a Purchasing Agreement for solar salt for water treatment from Morton Salt, utilizing the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004 for an estimated total cost of $42,124.50 annually, approving funding from the appropriate account; providing for conflicts; providing for severability; and providing for an effective date. - Utilities Director Ray Gagnon and Purchasing/Contracts Manager Keith Glatz 5. Item No. 6(d) on the Consent Agenda. SECOND AMENDMENT - LARGE USER WASTEWATER AGREEMENT: (TR11631) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute the Second Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac for additional wastewater reserve capacity; providing for conflicts; providing for severability; and providing for an effective date. -Utilities Director Ray Gagnon 6, Item No. 6(c) on the Consent Agenda. PURCHASE OF LIFEPAK 15 DEFIBRILLATORS/MONITORS: (TR11628) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to purchase from Physio-Control, a division of Medtronic, Inc., a sole source provider, five (5) LifePak 15 adaptive, biphasic cardiac defibrillators and monitors with related accessories and four (4) mobile battery service stations for a total cost of $120,677.86; authorizing the disposal of four (4) outdated cardiac defibrillators and monitors; providing for conflicts; providing for severability; and providing for an effective date. - EMS Division Chief Tom Sheridan 7, UPDATE RE: HURRICANE PREPAREDNESS: Update re: hurricane preparedness. - Division Chief Jeff Moral and Community Education Preparedness Specialist Van Schoen 8, DISCUSSION RE: TRANSPORTATION SERVICE - TRIPS TO CORAL SQUARE MALL: Discussion re: transportation service - trips to Coral Square Mall. - Parks and Recreation Director Greg Warner and Community Services Manager Dania Maldonado The City Commission may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Commission meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans With Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City of such need at least 72 hours (3 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800- 955-8771. Marion Swenson, CIVIC City Clerk Title - TR11630 NW 50th Avenue Sidewalk Easement Item No. 6(g) on the Consent Agenda. NW 50th AVENUE SIDEWALK EASEMENT: (TR11630) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute a Sidewalk Easement with the estate of Jacob Lutz, for the NW 50th Avenue Sidewalk Project, Authorizing and directing the City Clerk to record said agreement in the public records of Broward County; providing for conflicts; providing for severability; and providing for an effective date. - Public Works Director Jack Strain ATTACHMENTS: Name: ❑ 11630_Memo-NW _50th_Avenue.pdf ❑ 11630_Reso-NW_50th_Avenue.pdf Description: 11630 Memo Sidewalk Easement NW 50th Ave 11630 Reso Sidewalk Easement NW 50th Ave ❑ 11630 Exhibit 1 NW_50th_Avenue.pdf 11630 Exhibit 1 Sidewalk Easement NW 50th Ave ❑ 11630 Exhibit 2 NW 50th Avenue.pdf 11630 Exhibit 2 Sidewalk Easement NW 50th Ave Type: Cover Memo Resolution Letter Exhibit Exhibit CITY OF TAMARAC INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION TO: Jeffrey Miller, City Manager DATE: May 26, 2009 THRU: Jack Strain, P.E., Director of RE: Temp. Reso. #11630 Public Works Execution of Sidewalk 4Lii:� Easement, 50ffi Avenue, FROM: John E. DoheYry, P.E.ssistant Sidewalk Project (Sidewalk Director of Public Works/Cityr. Easement)- City Commission Engineer Meeting of June 10, 2009 Recommendation: I recommend that the City execute a sidewalk easement with the Estate of Jacob Lutz for the 50th Avenue Sidewalk Project, located within the Mainlands Six Subdivision on the East side of NW 50th Avenue and South side of NW 50th Street providing a continuous sidewalk connection between Rock Island Road and Commercial Boulevard. I further recommend that Temporary Resolution Number #11630 authorizing the acceptance of this Easement, be placed on the City Commission agenda for the June 10, 2009 meeting. Issue: To accept and execute a sidewalk easement with the Estate of Jacob Lutz for the 501h Avenue Sidewalk Project. Background: The City Code of Ordinances, Section 20-85, requires the owner of a property to dedicate an easement to the public when there is not sufficient room within the right-of-way for construction of a sidewalk. This situation occurs along the East side of NW 501h Avenue within the Mainlands Six Subdivision. To comply with the requirements of the City Code, a sidewalk easement should be accepted and executed, to allow legal access to the sidewalk by the public. Fiscal Impact: There is no fiscal impact. May 26, 2009 - Temp. Reso. #11630 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SIDEWALK EASEMENT WITH THE ESTATE OF JACOB LUTZ FOR THE 50T" AVENUE SIDEWALK PROJECT, LOCATED ON THE EAST SIDE OF NW 50T" AVENUE AND SOUTH SIDE OF NW 50TH STREET WITHIN THE MAINLANDS SIX SUBDIVISION AUTHORIZING; DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Code Section 20-85, requires the owner of a property to dedicate an easement to the public when there is not sufficient room within the right-of-way for the construction of a sidewalk adjacent to all property abutting a public street; (attached hereto in map form as "Exhibit 1 °); and WHEREAS, there is not sufficient room within the right-of-way of NW 501" Avenue to construct the required sidewalk for the 501" Avenue Sidewalk Project; and WHEREAS, the Estate of Jacob Lutz, as owner has offered this Sidewalk Easement, attached as Exhibit "A", herein; and WHEREAS, it is the recommendation of the Director of Public Works that this Sidewalk Easement be accepted, executed and recorded; and May 26, 2009 - Temp. Reso. #11630 Page 2of 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept, execute and record this Sidewalk Easement with the Estate of Jacob Lutz, for the 50th Avenue Sidewalk Project located on the East side of NW 501h Avenue and South side of 50th Street within the Mainlands Six Subdivision as required for the construction of sidewalks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2: The appropriate City Officials are hereby authorized to accept, and execute this Sidewalk Easement with the Estate of Jacob Lutz, for the 50th Avenue Sidewalk Project located on the East side of NW 50th Avenue and South side of NW 50" Street within the Mainlands Six Subdivision to allow legal access by the public. Section 3: The City Clerk is hereby authorized and directed to record said document in the Public Records of Broward County. Section 4: That all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon its passage and adoption. May 26, 2009 - Temp. Reso. #11630 Page 3of 3 PASSED, ADOPTED AND APPROVED this day of , 2009. BETH FLANSBAUM-TALABISCO MAYOR rr6111�01n MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY Temp. Reso. No. 11630 CITY 4F TAMARAC Scale: N.T.S PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION SHEET 1 OF 1 50th AVENUE SIDEWALK EASEMENT SITE LOCATIO - TR##11630 ]MMERCIAL BLVD CLUB µ 56 CT ! y y w w W w w w w w SABAL w r II`! ANDS JF TAMAf�AC w GULF CUt.JRSE \\ w w w PALM w w W W W w w w W w w W w \\ \\\\\\\ v w w PLAZA `\\\ W 55 CT T�\\\U--\. w w w w 5.5 ST w 55 ST \\ W w w ,E.!_ w w yGI w w 54 CT Al 4 CT � 4 ST pq w I- V 5` 53 ST -. 53 ST 'CT AM PC w pp oo� fJV w w s� pS W - I__I w w d `� w W 5 C w I w LAURE w w / CIR Q• 51 CT I \\. w Q` w 57 ALM BLV _y\ 51 S �T w ;AGO* SAS �— C E. f' 1�I `V \ 3ALM LA REL H > w w w w �IR w I w <r 50 CT w `w w I w w w w �(Vq- w w P�M E,PAL1'� � .- w w w w w JEC w CtR CIR W W HOLLY w --OL w y CIR /j/ W \\\ w w w w /j J 49 CT 49 ST y MANGO CIR&/ w w w W W P SE-( 7 DR /yx 7� A . w 48 ST C -Kb 4 w 7 CT 47 ST /j AFC 4 %. W w T y I a. REVISIONS 50TH AVENUE a.,.. ..spaoa SIDEWALK EASEMENT- M..k'd f Da. EXHIBIT 1 App—d Bw DaJOHN F. DDHEIM, P.F. CITY OF TAMARAC, FROWARD COUNTY, FLORIDA n- No. sm SEC. $2, TWP. 49, RGE. 41 Exhibit 2 TR#11630 CITY OF TAMARAC SIDEWALK EASEMENT FOR: NW 50TH AVENUE SIDEWALK IMPROVEMENTS NAME OF PROJECT This SIDEWALK EASEMENT made this day of , 2009, by the Estate of Jacob Lutz, having an address of P.O. Box 90229, Indianapolis, IN 46290- 0229, (hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88tt Avenue, Tamarac, Florida 33321, (hereinafter "Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"), and WHEREAS, Grantor desires to grant unto Grantee a non exclusive sidewalk easement to use a portion of the servient estate. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: 1 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive sidewalk easement over and upon the servient estate for the installation of a sidewalk. 2. Grantor reserves all rights not herein granted pursuant to this sidewalk easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further sidewalk easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the sidewalk easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this sidewalk easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This sidewalk easement shall not be released or altered without consent of the Grantee. K IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Ewll Witness !J ` y Type Name fL- Y1[".-Z v� �[ L Witn ss Type Name _�lWr a NQ STATE OF--Ft�� SS COUNTY OF Av('Od 4(GNOR) Type Name/David Lutz 45vccesSoiL P+kRSaaAL RG-P Type Name/Tiltle I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared _bA-V rd 1-t44e- to me known to be the person(s) described in and who execute the foregoing instrument and he acknowledged before me and under oath that � e executed the same. WITNESS my hand and official seal this 1/ day of 200 q Personally known to me, or ) Produced Identification NOTARY PUBLIC, at Large HAMILTON COUNTY 11UP, AIY' ` (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID take an oath, or ( ) DID NOT take an oath. 3 ATTEST: By: Jeffrey L. Miller City Manager ATTEST: By: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Beth Flansbaum-Talabisco Mayor ate: y: Jeffrey L. Miller City Manager Date: Approved as to form: By: Samuel S. Goren, City Attorney COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. 200 WITNESS my hand and official seal this day of , NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, ( ) Personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath E AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS APPLICABLE do �h reby affirm that I am the �u.cceS5oC� .5o lota- EP of of �cnt Lk* and that I have executed a Sidewalk Easement with the City of Tamarac for NW 3i°a►t.s+ti`"`'�rr�ject� aric�"ha the owner of the property covered by said Sidewalk Easement. There are no mortgages held on the property, which is the subject of said Sidewalk Easement. FURT RAFFIA AYETH NOT. (Signat r ) This / f day of 200�_ STATE O F-F-E&RK3* SS COUNTY OF/ �� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared /J" id Zc —.;-- to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that A-- executed the same. WITNESS my hand and official seal this day of I 200�. NOTARY PUBLIC,State �c/R at Large �� ��a 3 z�x�.h��` <fJ1WPUBLICSTATE~OFF;: HAMILTON ColUy'IY ilr' a ( ) Personally known to me, or ) Produced Identification (Name of Notary Public: Print, Starnp, or type as Commissioned) Type of I.D. Produced ) DID take an oath, or ( ) DID NOT take an oath. 5 SKETCHand DESCRIPTION A 5.00 FOOT WIDE STRIP OF LAND LYING WITHIN PARCEL R, THE MAINLANDS OF TAMARAC LAKES SIXTH SECTION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 55, PAGE 45, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. - COMMENCING AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF NORTHWEST 50TH STREET AND THE EASTERLY RIGHT -OF --WAY LINE OF NORTHWEST 50TH AVENUE; THENCE N00'1300-W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF JO.31 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO LYING AND BEING ON THE WEST LINE OF THE AFORESAID PARCEL R,• THENCE CONTINUE N00' 1 J 00 "W ALONG SAID LINE, A DISTANCE OF 9.13 FEET- THENCE N44'53'19"E, A DISTANCE OF 16.57 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT;- THENCE NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 5.00 FEE), A CENTRAL ANGLE OF 45'11 50', AND AN ARC DISTANCE OF J.94 FEET- THENCE N00' 18 30 U A DISTANCE OF J92. 04 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 5,00 FEET, A CENTRAL ANGLE OF 44'5930', AND AN ARC DISTANCE OF 3.9J FEET- THENCE N45'18'00"W, A DISTANCE OF 15.49 FFET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NORTHWEST 50TH AVENUE, SAID POINT ALSO LYING AND BEING ON THE WEST LINE OF THE- AFORESAID PARCEL R,• THENCE N00'1300V ALONG SAID LINE, A DISTANCE OF 9.14 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AND TO SAID POINT A RADIAL LINE BEARS 589'47'00"W,• THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 45'0500',' AND AN ARC DISTANCE OF 3.93 FEET THENCE S45'18'00 E, A DISTANCE OF 18.40 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERL Y ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 10.00 FELT, A CENTRAL ANGLE OF 44'59'J0, AND AN ARC DISTANCE OF 7,35 FEET - THENCE SOD' 18 30 "E, A DISTANCE OF 592.04 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHERL Y AL ONG THE ARC OF SAID CIRCULAR CURVE HA VING A RADIUS OF 10. DO FEET A CENTRAL ANGLE OF 45'11'50" AND AN ARC DISTANCE OF 7.89 FEET- THENCE S44'53'19"W, A DISTANCE OF 19.28 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 45'06'19', AND AN ARC DISTANCE OF J.94 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, RROWARD COUNTY, FLORIDA. CONTAINING Z205 SQUARE FEET MORE OR LESS. NOTES: 1) THIS IS NOT A SURVEY 2 Bearings shown hereon are based on the Plat of THE MAINLANDS OF TAMARAC LAKES SIXTH SECTION. (P.B. 65, PC. 46, B.C.R.) 3) This Sketch and Description consists of two (2) sheets and is not complete without all sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchar, Inc., make no representations or guarantees ❑s to the information reflected hereon pertaining to easements, right--of—way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. Lands shown hereon were not obstrocted for right---of—way and/or easements of record. SHEET 1 OF 2 REVISIONS DATE BY CKD FS/PG A SFOOT STRIP OF LAND L YING IN PARCEL R TI I- MAINLANDS OF TAMARACLAKES SIXTH SECTION P.B. 6S, PG. •�6, R, C: R.) SCALE: N/A J08 N0: 09-020 p_ AVID A V 1D CX, ERCHAR, ANC. SURVEYORS AND MAPPERS FB/PG: N/A CAD. FILE: F:\tomorcc\50th DRAWN BY: RRM DATE: 4/24/09 THEO ORE J. DAVID FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 5821 DAVID & GERCHAR, INC. Lll 12075 \.\\', 40th Street, Ra% 1 CoralSlxings, Floiida33065 (954) 310- 025 • Fix: (954) 340 85,84 CKD. BY: Tp PRCJ, FILE: tumaraa50 SKETCH ofDESCRIPTION 10, U.£. J19 OT 7 - -__ L-6- �5. L-5- C-2 LOT 8 N.W. 51 st ST. 70, U. E. LOT 7 5' if ) LOT 8 z N.W. 50th CT. 10' U.E. LOT 7 >>> 39' - it 5' ,ASTE_RLY R/W OF LOT 8 N.W. 501h AVE L-. P. 0. B_- s 89,47'00" -3 —C-4 ¢z� azw W x WEST LINE OF PARCEL R — 5, 9 - LOT 10 i C-6 LOT 11 N.W. 50th ��N t THIS IS NOT A SURVEY LEGEND D. R. B. ❑FFICIAL RECORD BOOK P. D. C, POOF COMMENCEMENT P. D. B. INT PDNT OF BEGINNING P.R. PLAT BDDK PG, PAGE B. C. R. BROWARD CDUNTY RECDRDS U E, UTILITY EASEMENT 119 BLOCK NUMBER R/V RIGHT--OF-NAY LINE TABLE LINE LENGTH BEARING L1 30,31 S00'13'00'E L2 9.13, N00'13'00'W L3 16.37 N44'53'19'E L4 392,04 N00'18'30'W L5 15.49 N45'18'0D'W L6 9.14 N00'13'00'W L7 18.40 S45'18'00'E LB 392.D4 S00'18'30'E L9 19.2B S44'53'19'W CURVE TABLE CURVE LENGTH RADIUS CENTRAL ANGLE Cl 3.94 5,00 45'11'50' C2 3.93 5.00 44'59'30' C3 3.93 5.DO 45'05'00' C4 7.B5 10,D0 44'59'30' C5 7.89 10.00 45*11'SC' CG 3.94 5.00 45'06'19' • POINT OF COMMENCEMENT THE INTERSECTION OF THE NORTHERLY R/W OF N. W. 501h STREET AND THE EASTERLY R/W OF N.W. 50th AVENUE, THE MAINLANDS . OF TAMARAC LAKES SIXTH SECTION (P. B. 65, PG. 46, R. C.R.) Y R/W OF N. W. 50th STREET SHEET 2 OF 2 I REVISIONS I DATE I BY I CKD I FB/PG I A 5 FOOT STRIP OF LA AID L. YI1VG IN PARCEL R THE MAIATAAIDS OF TAMARACLAKES SIXTH SECTION (�j �7 q� /� ) l .B, 6S I G. 4 , B.l .R.J SCALE: 'n — '0°� JOB NC: os-DZD AVID � ERCHAR, INC. SUR\''El'ORS AND MAPPERS FB/PG: N/A CAD. FILE: °rac\50th DRAWN BY: RRM DATE: ATE 4/24/D9 oral N.W. -�Oth 5 Floridao(, I Coral SFirins. iiia �3QG (Q�4) 340-101J Fax: (954) 340-85C4 CKD. BY: TD PROJ. FILE: t°m°rac50 Title - TR11633 SUPPORTING BROWARD COUNTY'S FUNDING OF SCHOOL RESOURCE OFFICERS Item No. 6 (e) on the Consent Agenda. SUPPORTING BROWARD COUNTY'S FUNDING OF SCHOOL RESOURCE OFFICERS: (TR11633) A Resolution of the City Commission of the City of Tamarac, Florida uriging the Board of County Commissioners for Broward County and the School Board of Broward County to ensure that there is sufficient funding to provide School Resource Officers for all schools located in Broward County; providing for conflicts; providing for severability; and providing for an effective date. - City Manager Jeffrey L. Miller ATTACHMENTS: Name: Description: Type: ❑ 11633-SROs MEMO.doc TR 11633 Memo Cover Memo ❑ SRO.doc TR 11633 Cover Memo CITY OF TAMARAC INTEROFFICE MEMORANDUM (09-09RKT) CITY MANAGER'S OFFICE TO: MAYOR AND CITY COMMISSION FROM: JEFFREY L. MILLER, CITY MANAGER Recommendation: DATE: MAY 26, 2009 RE: SCHOOL RESOURCE OFFICERS (SROs) I recommend the Board of County Commissioners for Broward County and the School Board of Broward County equally share in the funding for School Resource Officers (SROs) at designated schools in Broward County. Background: SROs enhance Broward County's efforts by promoting positive relationships between students and law enforcement personnel, and curtailing truancy, juvenile delinquency, drug abuse, and gang violence. At a time when crime is elevated, students who attend Broward County Schools and the staff who work there are entitled to a safe and secure environment. The cost of SROs has been included in the Broward County Budget. The Broward Sheriff's Office is under severe budget constraints and schools are threatened with losing SROs. Cities cannot absorb the cost of funding SROs. Fiscal Impact: The proposed Resolution supports funding of SROs by Broward County and the Broward County School Board and has no direct impact on the City of Tamarac's budget. Temp. Reso. #11633 Page 1 of 3 May 19, 2009 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA URGING THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY AND THE SCHOOL BOARD OF BROWARD COUNTY TO ENSURE THAT THERE IS SUFFICIENT FUNDING TO PROVIDE SCHOOL RESOURCE OFFICERS FOR ALL SCHOOLS LOCATED IN BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the students and staff who work at and attend schools in Broward County are entitled to a safe and secure environment that is conducive to learning; and WHEREAS, School Resource Officers ("SROs") are the traditional and one of the most effective methods of providing safety and security on school campuses; and WHEREAS, in addition to performing law enforcement services, the visible presence of SROs acts as a significant deterrent against the commission of crimes on school campuses; and WHEREAS, SROs further serve as role models for many students and offer a positive image and impression of the law enforcement community; and WHEREAS, SROs also act as liaisons between the school and the greater community to foster a safe and positive environment for students, teachers, citizens and residents in the area; and WHEREAS, the Broward Sheriff's Office ("BSO") is under severe budget constraints and many schools are threatened with losing their SROs; and Temp. Reso. #11633 Page 2of3 May 19, 2009 WHEREAS, as both Broward County in general and the schools in particular benefit from SROs, it is reasonable for both the County and the School Board to share equally in the funding thereof; and WHEREAS, the City Commission of the City of Tamarac, Florida urges the Board of County Commissioners for Broward County and the School Board of Broward County to share equally in the funding of SROs at schools located in Broward County, and finds such funding to be in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. Section 2. The City Commission of the City of Tamarac, Florida hereby urges the Board of County Commissioners for Broward County and the School Board of Broward County to ensure that there is sufficient funding to provide School Resource Officers for all the schools located within Broward County. The City Commission further urges the County Commission and the School Board to share equally in the funding thereof. Section 3. The City Clerk is hereby directed to transmit a copy of this resolution to the Board of County Commissioners for Broward County and the School Board of Broward County. Temp. Reso. #11633 Page 3of3 May 19, 2009 Section 4. All resolutions or parts of resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF , 2009. CITY OF TAMARAC, FLORIDA BETH TALABISCO, MAYOR B. TALABISCO P. BUSHNELL D. GLASSER P. ATKINS-GRAD H. DRESSLER MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I Have approved this RESOLUTION as to form. CITY ATTORNEY SSG/JGH Title - TR11637 Energy Efficiency and Conservation Block Grant Program Application Item No. 6 (h) on the Consent Agenda. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM APPLICATION: (TR11637) A Resolution of the City Commission of the City of Tamarac, Florida authorizing submission of a grant application, acceptance and execution of the grant agreement upon approval pending legal review in the amount of $544,900 to the U.S. Department of Energy for Recovery Act — Energy Efficiency and Conservation Block Grant program (EECBG) funds for the provision of an Energy Efficiency and Conservation Strategy, and all related equipment recommended for inclusion under this strategy. - Assistant City Manager Diane Phillips and Special Projects Coordinator Michael Gresek ATTACHMENTS: NamE. Description: Type: ❑ Aaenda Memo09.doc Cover Memo Cover Memo ❑ Resolution.doc Resolution Resolution Letter ❑ eeclo .pdf Exhibit A Exhibit CITY OF TAMARAC INTEROFFICE MEMORANDUM CITY MANAGER'S OFFICE TO: Jeffery L. Miller, DATE: May 29, 2009 City Manager THROUGH: Diane Phillips, RE: TR# 11637 Approving an Application for the Assistant City Energy Efficiency and Conservation Block Manager Grant (EECBG) Program FROM: Michael Gresek, Special Projects Coordinator Recommendation: Please place the above referenced item on the agenda for the June 10, 2009 City Commission Meeting. Issue: The U.S. Department of Energy (DOE) has notified the City of Tamarac of its Energy Efficiency and Conservation Block Grant (EECBG) Program formula grant allocation through the American Recovery and Reinvestment Act (ARRA) of 2009. The City anticipates receiving $544,900. Background: The purpose of ARRA is to stimulate the economy and to create and retain jobs. Funds appropriated through the EECBG program are meant to stimulate the economy through ARRA funds by assisting cities in creating and implementing their own Energy Conservation Strategy (EECS). Specifically, an EECS is a plan with goals to reduce fossil fuel emissions, reduce total energy usage, and/or improve energy efficiency in the building, transportation and other sectors as appropriate. As a certified Florida Green Local Government, saving energy aligns with the City's Green Initiative. Accordingly, the City will be proposing to use potential EECBG program funds to create its own EECS. Since the EECBG program provides funds to garner services of a professional consultant to assist in creating and implementing an EECS, staff will be including this request as part of the application. In addition to the development of an EECS, the program provides for cities to apply for funds to develop various initiatives and projects that address one or more of its energy -saving goals. The installation of solar panels at City buildings, the virtualization of City servers were both projects proposed as part of the City's stimulus request and both appear to fit within funding guidelines. Staff is preparing an application for pursuit of these funds. As part of the application requirements, DOE asks that a resolution be passed by the governing authority to serve as an assurance that the City is able to apply for and enter into an agreement with DOE for the receipt of the award. Fiscal Impact: As this is an application for funding, there is no fiscal impact until the grant application is approved by DOE. Once the application is approved, the DOE will advance the City up to $250,000 toward the development of our EECS. DOE permits us 120 days after the June 2009 submission of the grant application to submit our EECS for approval (until October 2009). Once the EECS is approved, the balance of the funds will be released to the City to be used on implementing projects within our EECS. All funds must be obligated within 18 months from the award date and spent within 36 months. There is no match requirement for the grant. C: Jack Strain, Levent Sucuoglu, Christine Cajuste, Rick Spencer, Kareyann Ashworth, Karen Greene Temp. Reso # 11637 — May 29, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF ENERGY FOR RECOVERY ACT — ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM (EECBG) FUNDS FOR THE PROVISION AND IMPLEMENTATION OF AN ENERGY EFFICIENCY AND CONSERVATION STRATEGY, AND ANY RELATED ACTIVITIES RECOMMENDED FOR INCLUSION UNDER THIS STRAGEGY IN THE AMOUNT OF $544,900; PROVIDING FOR ACCEPTANCE OF THE AWARD AND EXECUTION OF DOCUMENTS UPON APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Energy (DOE) has notified the City of Tamarac of its Energy Efficiency and Conservation Block Grant (EECBG) Program formula grant allocation in the amount of $544,900 through the American Recovery and Reinvestment Act of 2009; and WHEREAS, funding received under the EECBG program is to assist grantees in creating and implementing an Energy Conservation Strategy to reduce fossil fuel emissions, reduce total energy usage, and/or improve energy efficiency in the building, transportation and other sectors as appropriate; and WHEREAS, the City of Tamarac adopted the City of Tamarac 2008 Strategic Plan for FY2008 — 2010 via Resolution R2007-104 which established the City's strategic priorities during this period including Goal #2: Providing a Strong Economy in a Healthy Environment; and Temp. Reso # 11637 — May 29, 2009 Page 2 WHEREAS, the City Commission of the City of Tamarac desires to work with the DOE to spur economic growth, meet long-term energy goals, and lay the foundation for a low carbon economy; and WHEREAS, the granting agency requires the City Commission to certify that the appropriate City officials are authorized to receive funds and implement the EECBG program on behalf of the City of Tamarac; and WHEREAS, the Assistant City Manager recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to submit an application to the DOE for the EECBG program grant funds for the provision of an Energy Efficiency and Conservation Strategy and any related activities recommended for inclusion under this strategy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: The appropriate City Officials are HEREBY authorized to submit the Energy Efficiency and Conservation Block Grant Program grant application for $544,900 to the U.S. Department of Energy for the provision of an Energy Efficiency and Conservation Strategy and any related activities recommended for inclusion under this strategy. A copy of said application form is attached hereto as Exhibit A, which is incorporated herein by this reference. Temp. Reso # 11637 — May 29, 2009 Page 3 Section 3: Upon approval of the application, the appropriate City officials are HEREBY authorized to accept the award and execute the necessary documents following legal review and approval. Section 4: Upon approval of the application, the appropriate City Officials are HEREBY authorized to amend the Grants Fund Budget for the Energy Efficiency and Conservation Block Grant program award in the amount of $544,900 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. Section 5: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 6: If any clause, section, or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or application of this Resolution. Section 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , 2009. BETH FLANSBAUM-TALABISCO, MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have Approved this Resolution as to form. Temp. Reso # 11637 — May 29, 2009 Page 4 SAMUEL S. GOREN CITY ATTORNEY -,portunity Title: ,ering Agency: CFDA Number: CFDA Description: Opportunity Number: Competition ID: Opportunity Open Date: Opportunity Close Date: Agency Contact: Recovery Act ? Energy Efficiency and Conservation Block National Energy Technology Laboratory 81.128 Energy Efficiency & Conservation Block Grant Program DE-FOA-0000013 03/26/2009 06/25/2009 Sue Miltenberger Contract_ Specialist E-mail: EECBG@netl.doe.gov Grant Application Package This electronic grants application is intended to be used to apply for the specific Federal funding opportunity referenced here. If the Federal funding opportunity listed is not the opportunity for which you want to apply, close this application package by clicking on the "Cancel" button at the top of this screen. You will then need to locate the correct Federal funding opportunity, download its application and then apply. This opportunity is only open to organizations, applicants who are submitting grant applications on behalf of a company, state, local or tribal government, academia, or other type of organization. Application Filing Name: Mandatog Documents Other Attachments Form Project/Performance Site Locations) Clonal Documents -sclosure of Lobbying Activities (SF-LLL) Move Form to Complete Move Form to Delete Move Form to O Submission List i Move Form to Delete I Documents for Submission Instructions OEnters name for the application in the Application Filing Name field. This application can be completed in its entirety offline; however, you will need to login to the Grants.gov website during the submission process. You can save your application at any time by clicking the "Save" button at the top of your screen. The "Save & Submit" button will not be functional until all required data fields in the application are completed and you clicked on the "Check Package for Errors' button and confirmed all data required data fields are completed. OOpen and complete all of the documents listed in the "Mandatory Documents" box. Complete the SF-424 form first. - It is recommended that the SF-424 form be the first form completed for the application package. Data entered on the SF-424 will populate data fields In other mandatory and optional forms and the user cannot enter data in these fields. - The forms listed in the "Mandatory Documents" box and "Optional Documents" may be predefined forms, such as SF-424, forms where a document needs to be attached. such as the Project Narrative or a combination of both. "Mandatory Documents" are required for this application. "Optional Documents" can be used to provide additional support for this application or may be required for specific types of grant activity. Reference the application package instructions for more information regarding "Optional Documents". - To open and complete a form, simply click on the form's name to select the item and then click on the =7 button. This will move the document to the appropriate "Documents for Submission" box and the form will be automatically added to your application package. To view the form, scroll down the screen or select the form name and click on the "Open Form" button to begin completing the required data fields. To remove a form/document from the "Documents for Submission" box, click the document name to select it, and then click the <= button. This will return the form/document to the "Mandatory Documents" or "Optional Documents" box. - All documents listed in the "Mandatory Documents" box must be moved to the "Mandatory Documents for Submission" box. When you open a required form, the fields which must be completed are highlighted in yellow with a red border. Optional fields and completed fields are displayed in white. If you enter invalid or incomplete information in a field, you will receive an error message, 1 Click the "Save & Submit" button to submit your application to Grants.gov. - Once you have properly completed all required documents and attached any required or optional documentation, save the completed application by clicking on the "Save" button_ - Click on the "Check Package for Errors" button to ensure that you have completed all required data fields. Correct any errors or if none are found, save the application package. The "Save & Submit" button will become active; click on the "Save & Submit" button to begin the application submission process, You will be taken to the applicant login page to enter your Grants.gov username and password. Follow all onscreen instructions for submission. OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 * 1. Type of Submission: Preapplication Application Changed/Corrected Application * 2. Type of Application; ' If Revision, select appropriate letter(s): New Continuation Other (Specify) H Revision ` 3. Date Received: 4. Applicant Identifier: Completed by Grants gov upon submkssion_ 5a. Federal Entity Identifier: ` 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier, 8. APPLICANT INFORMATION: " a. Legal Name' ' b. Employer/Taxpayer Identification Number (EINTTIN): ` c. Organizational DUNS, d. Address: " Streets Sireet2 * City, County, " State: Province: 'Country: USA: UNITED STATES ` Zip 1 Postal Code: e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: ' First Name: Middle Name: * Last Name: Suffix: Title Organizational Affiliation: * Telephone Number Fax Number ' Email: OMB Number: 4040-0004 Expiration Date: 01/3112009 Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: National Energy Technology Laboratory 11. Catalog of Federal Domestic Assistance Number: 81.128 CFDA Title: Energy Efficiency & Conservation Block Grant Program * 12. Funding Opportunity Number: DE-FDA--0000013 * Title: Recovery Act ? Energy Efficiency and Conservation Block Grants ? Formula Grants 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 16. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Add Attachments , ,- ,; ;; „ r.=,:f •.u,1,1,311 . OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a. Applicant E== ' b, Program/Project Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment 17. Proposed Project: ' a. Start Date: 1 ' b. End Date: E= 18. Estimated Funding {$J: ' a. Federal ' b. Applicant c. State ' d. Local ' e, Other ' f. Program Income 'g.TOTAL ' 19. Is Application Subject to Review By State Under Executive Order 12372 Process a- This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. ❑ c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Yes HNo . 21. *By signing this application, I certify (1) to the statements contained in the list of certifications- and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances— and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001 ) ** I AGREE *' The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: ' First Name: Middle Name: * Last Name, Suffix: Title', ' Telephone Number: Fax Number: ' Email: Signature of Authorized Representative: Completed by Grants.gov upon submission * Dale Signed: Completed by Grants.gov upon submission. Authorized for Local Reproduction Standard Form 424 (Revised 1012006) Prescribed by OMB Circular A-102 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Title - TR11618 PURCHASE OF SOLAR SALT FROM MORTAL SALT Item No. 6(b) on the Consent Agenda. PURCHASE OF SOLAR SALT FROM MORTON SALT: (TR11618) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve the participation in a Purchasing Agreement for solar salt for water treatment from Morton Salt, utilizing the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004 for an estimated total cost of $42,124.50 annually, approving funding from the appropriate account; providing for conflicts; providing for severability; and providing for an effective date. - Utilities Director Ray Gagnon and Purchasing/Contracts Manager Keith Glatz ATTACHMENTS: Name. Description: Type: ❑ 11618 MEMO SOLAR SALT.pdf TR11618 Memo Cover Memo ❑ 11618 EXHIBIT 1 SOLAR SALT -- SCANNED.pdf TR11618 Exhibit 1 Backup Material ❑ 11618Res Solar Salt 2009.doc 11618 Reso Resolution Letter CITY OF TAMARAC INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT TO: Jeffrey L. Miller, City DATE: May 5, 2009 Manager FROM: John Harvey, Wat la t RE: Southeast Governmental Superintendent Cooperative Purchasing Bid #2009-004 Solar Salt Temp. Reso. #11618 RECOMMENDATION: The Director of Utilities and Purchasing/Contracts Manager recommend placement of the above -referenced item on the Consent Agenda of the June 10, 2009 Commission Meeting, authorizing a one-year agreement effective March 24, 2009 through March 23, 2010, with three (3) additional one-year renewal options for the purchase of solar salt from Morton Salt, utilizing the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004 effective March 24, 2009, for an estimated total cost of $42,124.50 annually. ISSUE: The Southeast Florida Governmental Purchasing Cooperative Group awarded Bid #2009-004 for solar salt to Morton Salt effective March 24, 2009. The City of Tamarac Water Treatment Plant utilizes solar salt in the treatment of potable water for its residents and businesses everyday. BACKGROUND: The City utilizes solar salt in the Utilities Water Treatment Plant. Since 2005, the Water Treatment Plant purchases solar salt to be used in its disinfection process. The City of Tamarac Water Treatment Plant uses approximately 450 tons of solar salt each year. Solar salt has escalated in cost from $65.92 per ton to $93.61 per ton over the last two (2) years. The Southeast Florida Governmental Purchasing Cooperative Group, through the City of Boca Raton, on behalf of eight (8) participating governmental agencies have an agreement for one (1) year with three (3) one-year renewal options with Morton Salt for the purchase of solar salt. It is recommended that an appropriate purchasing agreement be executed with Morton Salt for a period of one year, with three (3) additional one-year renewals. Page 2 TR #11618 May 5, 2009 FISCAL IMPACT: The estimated cost for FY09, based on our estimated quantity of approximately 450 tons, would be approximately $42,124.50. Currently $50,000 is budgeted in Account #425-6020- 533-52-07 for FY09. c: Keith Glatz, Purchasing and Contracts Manager JHlmg TR S�� tT��O�Car i z' �'Y ana Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD BIDIRFP NO.: 2009-004 DESCRiPTIONITITLE: Sodium Chloride, Solar Salt Bulk CONTRACT PERIOD; 5101109 through 4/30/10 Initial one yearperiod) TERM OF CONTRACT: One year with three (3) one year renewal options u NtINIIONIN /11f lilixNHILHHiNHLNINiiNi3g111111HbixNH11LIHNiNI1NiNNliii WlNIIiIxUMilNuuuixaxxlHinuxwtwluuaxaiHN+,HUNlinuuluw NlmNLLNmlum SECT#1 -VENDOR AWARD Vendor Name: Morton Salt Vendor Address 1: 123 N. Wacker Drive Vendor Address 21 Chicago, IL 60606-1743 Contact:. Mike Leahy, Account Executive Telephone:904-992-1613 Facsimile:800-882-7258 CelllPager: Email Address; rnIeahy@mortuns81Lcorn Website: bids@?mortonsait.com FEIN. 36-4140798 /llilluilll}IRiiLH11NHN111/ii17pINUiHH1U1117H1i11UNNlNiilllliHHIINHNIiNUlLxMUi:i1glUUltf NNltllµllllllllUifUUiNUfllli{IHUUINIiuli11111UIliliUIGINNi1lR71lIIIIIN SECTION #2--AWARDIBACKGROUND INFORMATION Award Date: March 24, 2009 Council ResolutionlAgenda Item No.: Item: I&I Insurance Required: Yes ® No ❑ Performance Bond Required: Yes ❑ No 2 I, i l iiNl I N iN IiR N I N NI iHU1111i3N ININ111 HIII11lNH f/llil Nxlii HY{Iil IILLHNI HxxHNi111111YLL11N I NINI IilU,HH+iH1UiH111nNi111 H I HHN i1q NI I I II I N I N N I I ill IN IUx N IU I11I IL i N SECTION #3 -LEAD AGENCY Agency Name: The City of Boca Raton, Florida Agency Address 1: 201 W. Palmetto Park Road Agency Address 2: Boca Raton, FL 33432-3795 Agency Contact: Alicia B. Kalish, CPPB Telephone:661-393-7876 Facsfmile:561-393-7983 Email: akalish m boca.us Revised 3/23/09 AGENDA REGULAR MEETING CITY COUNCIL BOCA RATON MARCH 24, 2009 6:00 PM INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG: ROLL_ CALL: Mayor Susan Whelchel Council Member M. J. Mike Arts Council Member Bill Hager Council Member Susan Haynie Council Member Michael Mullaugh AMENDMENTS TO THE AGENDA: MINUTES: Minutes of the Regular Workshop Meeting of February 23, 2009 Minutes of the Regular Meeting of February 24, 2009 Minutes of the Special Council Meeting of March 5, 2009 PROCLAMATIONSIRECOGNITIONSIAWARDS: NOTICE Pursuant to F.S. 286.0105, if any decision of City Council affects you, and you decide to appeal any decision made at this meeting with respect to any matter considered, you will need a record of the proceedings and, for such purposes, you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (The above NOTICE is required by State Law. If you desire a verbatim transcript, you shall have the responsibility, at your own cost, to arrange far the transcript.) NOTE Any person who acts as a lobbyist pursuant to City Code, Article V. Code of Ethics, Division 2, Lobbyist Registration, must register with the City Clerk prior to engaging in lobbying activities before City staff, boards, committees and / or the City Council, or any member thereof. Separate registration is required for each principal / client represented and each City matter. All registrations expire on December 3P of each calendar year and new registration is required. Forms are available from the City Clerk. REGULAR BUSINESS - PART I: 1. Appointments to the following boards: a. Builders' Board of Adjustment & Appeals — one (1) vacancy, for an architect. b. Citizens' Pedestrian and Bikeway Advisory Board — one (1) vacancy. C. Civil Service Board — one (1) vacancy. d. Financial Advisory Board — one (1) vacancy. e. General Employees' Pension Board — one (1) vacancy. f. Pearl City Blue Ribbon Committee — one (1) vacancy. g. Planning & Zoning Board -- three (3) vacancies. h. Police & Firefighters' Pension Board — two (2) vacancies. i. Zoning Board of Adjustment — two (2) vacancies. 2. Responses Workshop Information Reguests: 3. Consent Agenda: (Prior to consideration of a motion �fa :approve the Consent Agenda, The lllayvr shall provide for public .comment. -Those .itsrr s: rem6.ved. from: the -Corrseni'Ager:de will be.considered under Part V11 or.as otherwise alireeted by the City'Couiicil,) a. Seale Bi 1) Solar Salf Regvesteaby Utility �ervaes .. 23 00 Mahan Salt.:. 3 4 . $. b. intergovernmental A reements 1) Anhydrous Ammonia Requested by Utility Services Tanner Industries, Inc. $54,750 2) Network Infrastructure, Equipment and Services for City Networks Requested by City Manager IBM Corporation, Insight Public Sector, CDW Government, Inc., Champion Solutions Group, Inc. Midrange Support Services, Inc. Presidio Networked Solutions, Nortel Networks $462,600 C. Competitive Sealed Proposal 1) Bus Service for Summer Camp and GAP Programs Requested by Recreation Services American Coach Lines of Miami, Inc. $142,316 Regular Meeting/March 24, 2009 Page 2 M e 9. 2) Fire Alarm Monitoring, Maintenance, Requested by Municipal Services Siemens Building Technologies, Inc. Competitive Sealed Proposal - Renewal 1) Property Insurance Requested by Financial Services Beacon Group Insurance, Inc. Resolution No. 37-2009 Testing/Inspection and Repairs $93,386 $1,585,139 A resolution of the City of Boca Raton authorizing the City Manager to execute Work Order No. 14 with CH2MHILL, INC. for the purpose of providing design and permitting of the Intracoastal Waterway Wastewater Force Main Crossings; providing for severability; providing for repealer; providing an effective date Resolution No. 38-2009 A resolution of the City of Boca Raton authorizing the City Manager to apply for a grant from the Florida Department of Transportation Safety Office for the Highway Safety Grant Program; authorizing the acceptance of said grant, if awarded; authorizing and directing the City Manager to comply with the terms and conditions of said grant, if awarded; providing for severability; providing for repealer; providing an effective date Resolution No. 39-2009 A resolution of the City of Boca Raton naming Fire Rescue Station Five in honor of Michael G. Debrecht, former Fire Rescue Services firefighter, to commemorate his 12 years of dedicated services to the City; providing for severability; providing for repealer; providing an effective date Resolution No. 40-2009 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute the first amendment to a Revocable License Agreement with the Royal Oak Hills Association, Inc. for the purpose of placing landscaping and signs in City right-of-way within Royal Oak Hills; providing for severability; providing for repealer; providing an effective date Resolution No. 41-2009 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an agreement with the Florida Department of Transportation for the purpose of entering into a Maintenance Memorandum of Agreement for Glades Road beautification from east of Corporate Way (M.P. 2.349) to west of Renaissance Way (M.P. 4.776); providing for severability; providing for repealer; providing an effective date Resolution No. 42-2009 A resolution of the City of Boca Raton urging the boards of the City's pension funds to operate consistently with the "Protecting Florida's Investment Act"; providing for severability; providing for repealer; providing an effective date Regular MeetingtMarch 24, 2009 Page 3 k. Resolution No. 43-2009 A resolution of the City of Boca Raton authorizing the City Manager to apply for two grants from the State of Florida Department of Transportation for the Surface Transportation Program; authorizing the acceptance of said grant(s), if awarded; authorizing and directing the City Manager to comply with the terms and conditions of said grant(s), if awarded; providing for severability; providing for repeater; providing an effective date Resolution No. 44-2009 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an assignment of and an amendment to an existing agreement with Vrchota Corp. for the purpose of providing vehicle towing and storage services on a rotating basis; providing for severability; providing for repealer; providing an effective date M. Resolution No, 45-2009 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an assignment of and an amendment to an existing agreement with Ultimate Catering, Inc. for the purpose of providing concession services at the Boca Raton Municipal Golf Course; providing for severability; provlding for repealer; providing an effective date n. Resolution No. 46-2009 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute the First Amendment to an Agreement with Ultimate Catering, LLC for the purpose of providing concession services at the Spanish River Library and Community Center; providing for severability; providing for repealer; providing an effective date o. Resolution No. 47-2009 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute the Third Amendment to Agreement 05PB3 with the Florida Department of Environmental Protection for the purpose of reimbursable funding for the design and permitting, construction and monitoring of the South Boca Raton Beach Nourishment Project; providing for severability; providing for repealer; providing an effective date p. Resolution No. 48-2009 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute the Fifth Amendment to Agreement 03PB1, with the Florida Department of Environmental Protection, for the purpose of reimbursable funding related to the North Boca Raton Beach Nourishment Project; providing for severability; providing for repealer; providing an effective date q. Board Resignations 1) Resignation of Annette Farenga from the North Federal Highway Steering Committee 2) Resignation of Christian Karas from the Financial Advisory Board 3) Resignation of Joel Goldsmith from the Civil Service Board Regular Meeting/March 24, 2009 Page 4 r. Receive and File Board Orders 1) SM(G) Case No. 08-3399 2) SM(G) Case No. 08-00003933 3) SM(G) Case No. 08-4081 S. Receive and File Board Minutes — March 24, 2009 1) Citizen's Pedestrian and Bikeway Advisory Board December 15, 2008 2) Community Appearance Board January 27, 2009 February 3, 2009 February 10, 2009 3) Community Relations Board October 20, 2008 4) Downtown Boca Raton Advisory Committee January 21, 2009 5) Education Advisory Board November 24, 2008 6) Elder Affairs Advisory Board February 4, 2009 7) Environmental Advisory Board January 15, 2009 8) Financial Advisory Board January 20, 2009 9) General Employees' Pension Board December 11, 2008 (Investment Committee) December 11, 2008 (Regular) 10) Historic Preservation Board October 21, 2008 11) Library Advisory Board December 17, 2008 January 21, 2009 January 29, 2009 (Special Meeting) 12) Marine Advisory Board January 7, 2009 February 4, 2009 13) North Federal Highway Steering Committee December 2, 2008 14) Parks and Recreation Board February 3, 2009 Regular Meeting/March 24, 2009 Page 5 15) People With Disabilities Board August 7, 2008 (Program and Special Events) December 4, 2008 (Program and Special Events) January 5, 2009 16) Planning and Zoning Board January 8, 2009 January 22, 2009 February 5, 2009 17) Police & Firefighters' Pension Board September 4, 2008 (Joint Adm. Committee wlGen Emp) September 25, 2008 (Investment Committee) December 10, 2008 (Joint Adm. Committee wlGen Emp) December 18, 2008 (Disability Review Committee) December 18, 2008 (Regular Mtg.) 18) Special Master November 26, 2008 REGULAR BUSINESS — PART II -A — QUASI-JUDICIAL CONSENT AGENDA: (Prior to consideration of a motion to approve the quasi-judicial consent agenda, the Mayor shall provide for the opportunity for the public to request removal of any resolution for public hearing.) (If you are planning to speak during any public hearing under Part 11-B, Part III, or Part IV, please state your name and address for the record and limit your remarks to rive (5) minutes.) (Note: The conduct of any public hearing under Part II-B will be governed by the "quasi-judicial procedures" attached to this agenda.) REGULAR BUSINESS — PART 11-B — UASI-.JUDICIAL PUBLIC HEARINGS: 4. Resolution No. 33-2009 A resolution of the City of Boca Raton considering an amendment to Resolution No. 188-2002; granting a modification to a variance pursuant to the City of Boca Raton Coastal Construction Setback Ordinance for property located at 2500 South Ocean Boulevard; providing for severability; providing for repealer; providing an effective date (SC-08-09) REGULAR BUSINESS — PART III -A -- REGULAR PUBLIC HEARINGS: 5. Ordinance No. 5077 (First of two required public hearings.) An ordinance of the City of Boca Raton amending the list of permitted uses and the criteria applicable to authorize professional office uses in the Light Industrial and Research Park Zoning District pursuant to Section 28-977(C); providing for severability; providing for repealer; providing for codification; providing an effective date Regular Meeting/March 24, 2009 Page 6 6. Ordinance No. 5088 (As revised 3113109) An ordinance of the City of Boca Raton amending Chapter 20, Article II, Environmentally Sensitive Lands, Code of Ordinances, relating to alterations involving environmentally sensitive lands; the amendments serve to modify the procedures, eligibility and calculations related to the requirement to set aside environmentally sensitive lands and the criteria for a payment in lieu of the environmental set aside; providing for severability; providing for repealer; providing for codification; providing an effective date (AM-08-05) REGULAR BUSINESS — PART III-B — QUASI-JUDICIAL AND RELATED PUBLIC HEARINGS: The quasi-judicial public hearings on Item Nos. 7 through 10 will held contemporaneously as they are related; a separate vote will be taken on each item. 7. Ordinance No. 5089 (As revised 3116109) (Four votes required for adoption) An ordinance of the City of Boca Raton amending the Future Land Use Map of the Comprehensive Plan by redesignating certain property consisting of 5.934 acres, from Light Industrial (IL) to Commercial (C); providing for severability; providing for repealer; providing an effective date (UC-08-03SC) 8. Ordinance No. 5090 (As revised 3116109) An ordinance of the City of Boca Raton rezoning, pursuant to Article VI, Chapter 23, Code of Ordinances, a parcel of land consisting of 5,934 acres, located at 4002 North Military Trail, from Light Industrial Research Park (LIRP) to Community Business (B-2); providing for severability; providing for repealer; providing an effective date (UC-08-03) 9. Resolution No. 31-2009 A resolution of the City of Boca Raton approving a Planned Commercial Development, with a Master Plan, for the proposed Boca Commercial, subject to conditions; providing for severability; providing for repealer; providing an effective date (UC-08-031PCD) 10. Resolution No. 32-2009 A resolution of the City of Boca Raton granting Tentative Plat Approval to the proposed Military/Spanish River Planned Commercial Development Plat, subject to conditions; providing for severability; providing for repealer; providing an effective date (UC-08-031SUB) REGULAR BUSINESS -- PART IV - REGULAR PUBLIC HEARINGSISETTLEMENTS: REGULAR BUSINESS -- PART V - INTRODUCTION OF ORDINANCES: (Rule 1.13 of the City Code states that the Council shall not grant leave to any person to speak on any ordinance which is listed for the purpose of introduction only.) 11. Ordinance No. 5091 An ordinance of the City of Boca Raton approving modifications to the previously approved Universal Conditional Approval (Ordinance No. 5066), for construction of a 3,320 square foot bank facility with three (3) drive -up teller lanes and a drive -up ATM lane; providing for severability; providing for repealer; providing an effective date Regular Meeting/March 24, 2009 Page 7 REGULAR BUSINESS - PART VI - PUBLIC REQUESTS: (If you are planning to speak during public requests, please state your name and address for the record and limit your remarks to five (5) minutes.) REGULAR BUSINESS - PART VII- RESOLUTIONS AND OTHER BUSINESS: QUASI-JUDICIAL PUBLIC BEARING — REQUEST FOR VARIANCE FROM CHAPTER 24 — SIGN CODE: (If you are planning to speak during the following public hearing, please state your name and address for the record and limit your remarks to five (5) minutes.) (Note: The conduct of this hearing will be governed by the 'quasi-judicial procedures" attached to this agenda.) 12. Resolution No. 35-2009 A resolution of the City of Boca Raton considering a variance from the provisions of Section 24- 77(8), Code of Ordinances, to allow three (3) additional freestanding signs for a total of four (4) freestanding signs on the property; to allow four (4) freestanding signs to be illuminated beyond 9:00 PM; and to allow the faces of one of the four (4) free standing signs to exceed 24 square feet; for the Advent Lutheran Church property located at 300 E. Yamato Road and 4798 N. Dixie Highway; providing for severability; providing for repealer; providing an effective date (SCV 08- 10) CITY MANAGER RECOMMENDATIONS AND REPORTS: CITY ATTORNEY REPORTS: MAYOR AND COUNCIL MEMBER REPORTS: ADJOURNMENT: Regular Meeting/March 24, 2009 Page 8 Quasi -Judicial Public Hearing Procedures 1. Any hearing listed on the agenda, as a quasi-judicial public hearing will be conducted pursuant to these rules. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing and on the materials, which are in the official City file on this application at the end of the hearing. 2. At the beginning of the hearing, the members of the City Council will announce for the record any "ex parte" contacts not previously disclosed in writing and included in the official City file. The name of the person with whom the contact occurred and the subject matter of the discussion will be disclosed. 3. The City Attorney will announce that each applicant requesting approval, relief or other action from the City Council, planning and zoning board, community appearance board, or the zoning board of adjustment shall disclose, at the commencement (or continuance) of the public hearing($), any consideration provided or committed directly, or on its behalf, for an agreement to support, or withhold objection to, the requested relief or action. 4. The City Clerk will administer an oath to all persons who intend to testify at this hearing. Any person who Intends to testify at this hearing is asked to fill out a card, which can be found in the rear of the Council Chamber. The purpose of this card is to provide an accurate record of an appearance at this hearing. Please hand the card to one of the clerks in the front of the chamber, 6. The City staff wiil make an initial presentation. The petitioner will then make a presentation. During the staff and petitioner's presentation, only the members of the City Council are permitted to ask questions. 6. After the petitioners presentation, all other parties who are present to testify and/or provide written or other evidence for inclusion in the record will be permitted to do so. During this lime, only the members of the City Council are permitted to ask questions. 7. After the staff, the petitioner and other interested parties have made their presentations, persons will be permitted to cross-examine participants in the hearing, including the staff and the petitioner, in order of their appearance at the hearing. Anyone who testifies at the hearing should remain until the conclusion of the hearing in order to be able to respond to any questions. After the questions have been asked and answered, the petitioner shall be provided with an opportunity for a brief rebuttal and summary. 9. The Mayor will then declare the public hearing closed, and a motion will be made regarding the matter. The Council will then proceed to discuss the matter and vote on the matter. Regular Meeting/March 24, 2009 Page 9 ���GtCG?i aJ'CrGGdGr/v v CITY HALL • 201 WEST PALMETTO PARK ROAD • BOCA RATAN, FLORIDA(FHEARINp IMPAIRED) TDD: { ORM61) 367 704b lop $UNCOM; (561) 922.770D INTERNET: wwwA-boca-raton.fl.us March 26, 2009 Mr. Daniel Song, Industrial Business Manager MORTON SALT 123 Wacker Drive Chicago, IL 60606.1743 Email; moo sal m Subject; Award of Bid No. 2009-004 Sodium Chloride, solar Salt (Bulk) Co-operative Bid Dear Mr. Sang: You are hereby notified that on March 24, 2009 our City Council approved award of the above referenced Co- operative solicitation to Morton Salt, Council Item: 3 A-1. The initial one year contract period shall commence on 06/01/09 through 4130/10 and will be automatically renewed for three (3) additional one-year pericds as further defined in the bid document, PART V -- Item I., Automatic contract renewal shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. Based on the terms of the bid, it is the awarded vendor's responsibility to maintain/update insurance throughout the contract period. An original certificate is required to be on file in with the Purchasing Division. By copy of this letter to Mike Leahy, Sales Representative, we will attach a copy of that which is presently on file in our office and due to expire. You may have your office FAX (561-393-7983) the Insurance certificates to my attention and mail the originals. We look forward to a continued prosperous business relationship with your organization. Should there be any questions, please call me at (561) 393-7876. c: Mike Leahy, Sales Representative (wlattachment) City of Boca Raton Town of Davie City of Hollywood City of Lantana City of Margate City of Pembroke Pines City of Tamarac Village of Wellington 2009-004 Bid File — AN EQUAL OPPORTUNITY EMPLOYER — l0 fIJ IO N Qf C o 2 L tL U E t5 d o 0 O O � N s o r C] o �- � N �, a zp 2 CD U m Li moo.- i0 pO�OONC]1C�©� Coo©oar c0 OefCDu7CO ¢,J c+��f� OOt1yNs^Q VQC%j tRUO)- 6L0%aa11 U a > "Mri a a) a) m 0) M rn mmmm w a� m rn v� p c w rn ILG a(Dr1oor- V(�n g.rnrLnr,•cD— -*-N V v Q N Hh N 6H N 64 N 69 N N fo GF3 N N 69 to LL c ^ t- C O O O o O O O O oa0000aoc� ID �y 'ti 6H 63 tg 69 69 6R 69 63 O O c o o 9 o m o o a o o O a 0({yNInLoaWto� !� f1 QO CO V d 00 N N E N LU M 4i C O H oif � CL n. CL U) CL c ~ 0 c 4- E E �pq 0 0 S19gaE6 to r y p w O w O w w O O (3 I- N �CU12000t?U5 E N M d' Lo (o h- co C+ty,of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 SOUTHEAST FLORIDA GOVERNMENTAL PUREHASING COOPERATIVE TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty-four (44) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: + All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency'. All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order temps of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. » The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. The Contractor(s) shall furnish the lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" I ' City of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Boca Raton Purchasing Division (hereafter referred to as "City'). The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in any document related to the Invitation to Bid (ITB). PART I INSTRUCTIONS TO BIDDERS: 1.01 STATEMENT OF PRECEDENCE OF GENERAL TERMS AND CONDITIONS: Any and all Special Conditions contained in this ITB that may be in conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Terms and Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1.02 GENERAL INFORMATION: These documents constitute the complete set of specification requirements and Bid forms. The Bid submittal, including all Bid sheets and attachments, must be filled in completely, executed and submitted. Bid Tabulations and Award Recommendations will be posted on the Purchasing Division Website at www.mvboca.us/purchasing. 1.03 BIDDER NOTIFICATION: Notice of the ITB's will be emailed first to Bidders who have fully registered on the City's online registration system. The City maintains automated vendor e-mail lists for each specific Commodity Code for sending the ITB. Unregistered bidders may request a notice of a particular Bid, which will be faxed or emailed within a reasonable time frame, for that Bid. Neither the faxing nor emailing of one ITB notice to vendor or a Bid in retum, will register a vendor on the City's registration system. Bidders may register on the City's webslte by visiting www.myboca.us/purchasing. 1.04 SUBMISSION, RECEIPT, AND OPENING OF BIDS: No Bid shall be considered unless received prior to the Bid opening date and time. No bidder shall submit more than one Bid response to the ITB. Multiple Bid responses from same bidder shall be cause for City to reject all Bids from that bidder. Bidders are encouraged to submit their Bid document via electronic submission when permitted. Bidder's submitting a hard copy Bid in person or by mail should use the proposal forms provided by the City. Failure to use the City ITB forms may cause the Bid to be rejected. No Bid shall be accepted by facsimile, and therefore, any Bid submittals sent via facsimile shall be relected by the City. For hardcopy Bid submittals, the following applies: (1) Bid shall be submitted directly to the Purchasing Office at 201 W. Palmetto Park Road, Boca Raton, FL, 33432 in a sealed envelope; (2) Any erasures or corrections on the ITB forms must be made in ink and initialed by Bidder; (3) All information submitted by the Bidder In the Bid document shall be printed, typewritten or handwritten in ink; (4) Bids shall be signed In ink; (5) When a particular ITB requires multiple copies of Bids, all must be Included in a single envelope or package properly sealed and identified with the Bid number and name of bidder on outside of the package. Bids will be publicly opened in the Purchasing Office, City Hall, 201 W. Palmetto Park Road, Boca Raton, FL or other designated area. Bids will be opened, tabulated and made available for review by Bidders and the public in accordance with applicable regulations. 1.05 ADDENDUM$: The Issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes or additional information may be provided by the City. It shall be the responsibility of each bidder, during and prior to Bid submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at htt s://customer.lonwave.ne urch or contact the Purchasing Division at 561-393- 7871 to determine if addendums were issued to any particular ITB and to obtain such addendums from the Purchasing Division Online bidding website. The City will make every effort to notify registered bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential bidders who receive a Bid package from other sources. Bidders requesting addendums to be sent via U.S. mail or a mail service will be at Bidders' cost and the risk of misdelivery shall be bidder's. 2 r City of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 1.06 NO BIDS: If you do not intend to Bid, please indicate the reason and return a no -bid response to the City. Failure to Bid or return no Bid comments, prior to the Bid due date, may result in your firm being deleted from the City's Bidder registration system. Part II DEFINITIONS: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its General Terms and Conditions, Special Conditions, technical specifications, Instructions to bidders, addenda, and any other document used in the bidding process: AWARD — The written notice from the Purchasing Manager of the acceptance of a Bid or proposal deemed by the proper authority of the City to be in the best interests of the City. BID — a price and terms quote received in response to an ITB. BIDDER/SUPPLIER -- Person or firm submitting a Bid. CONTRACT — Any agreement, regardless of style or form, for the procurement of commodities, services, or construction. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. INVITATION TO BID (ITB) — All documents, whether attached or incorporated by reference, utilized for soliciting sealed Bids. MAY — Denotes the permissive. RESPONSIBLE BIDDER or Offeror — A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, Integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. RESPONSIVE BIDDER — A person who has submitted a Bid that conforms in all material respects to the requirements set for in the ITB, or solicitation. SHALL — Denotes the imperative. SUCCESSFUL BIDDER - The best, qualified, Responsible, and Responsive Bidder to whom the City makes an award. PART Ill BIDDING AND AWARD PROCEDURES: 3.01 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in the Bid will remain valid for acceptance by the City for a period of ninety (90) days from the date of Bid opening. 3.02 AWARD AND REJECTION OF BIDS; The City will award to the low Responsive Responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB as deemed in the City's best interest. The City reserves the right to: (1) Accept or reject any or all Bids, part of Bids, and to waive minor irregularities or variations to specifications contained in Bids, and minor irregularities in the bidding process, and at its discretion, request a re -bid; (2) award the contract in accordance with the Special Conditions. In determining the responsiveness of the offer and the responsibility of the Bidder, the following may be considered when applicable: (1) the ability, capacity and skill of the Bidder to perform as required; (2) whether the Bidder can perform promptly, or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (4) the quality of past performance by the Bidder; (5) the previous and existing compliance by the Bidder with related laws and ordinances; (6) the sufficiency of the Bidder's financial resources; (7) the availability, quality and adaptability of the Bidder's supplies or services to the required use; and (8) the ability of the Bidder to provide future maintenance, service or parts. The City reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. Failure of Bidder to comply with the conditions set forth in the ITB may result in the Bid being considered non- responsive by the City. 3.03 PRICES QUOTED: Bidder shall deduct trade discounts, and quote firm net prices. If required, the Bidder shall give both unit price and extended total. In the case of a discrepancy in computing the amount of the Bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. 3 City -of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 Each Item must be Bid separately. No attempt shall be made by the Bidder to tie any item or items contained in the ITB with any other business with the City. 3.04 MISTAKES: Bidders are cautioned to examine all documents pertaining to the ITB. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. 3.05 TAXES: The City of Boca Raton is exempt from Federal and State taxes on direct purchase of tangible property. The Purchasing Office will supply the successful bidder with an exemption certificate or it may be obtained from the City's website at www.myboca.us/purchasing. Vendors or Contractors doing business with the City of Boca Raton shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's Tax Exemption Number in securing such materials. 3.06 BUSINESS TAX RECEIPT: Bidder shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the Bid. 3.07 CONTRACTOR LICENSE: The Bidder Name identified on the Signature of Bidder form shall be fully licensed, to the extend required by Florida or Federal law, at time of Bid opening for type of work to be performed in order for their Bid to be considered. County or locally licensed contractors must be registered with the State of Florida DBPR Construction Industry Licensing Board at time of Bid opening. Copies of all applicable certificates, registrations and licenses must be submitted with the Bid and must be in the name of the Bidder shown on the Signature of Bidder Form. Should the Bidder not be fully licensed/certified, the Bid shall be rejected. 3.08 WARRANTIES OF USAGE: Any quantities listed in the ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. The City reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. 3.09 ALTERNATIVES/APPROVED EQUALIDEVIATION$: Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. An alternate will be considered, but shall be equal to or better in quality to what was specified and must include descriptive literature and/or specifications. It is the Bidder's responsibility to provide adequate Information regarding an alternate to ensure that the Bid meets the required criteria. If adequate information is not submitted with the Bid, the Bid may be rejected. The determination as to whether any alternate is equal or better or is not equal shall be made solely by the City of Boca Raton and such determination shall be final and binding upon all Bidders. 3.10 MINIMUM AND MANDATORY SPECIFICATIONS: The Bid specifications may include items that are considered minimum or required. If any Bidder is unable to meet, or exceed these items, and is of the opinion that the specifications are overly restrictive, Bidder must notify the Purchasing Division immediately. Such notification must be received in writing by the Purchasing Office prior to the deadline contained in the Special Conditions, for questions of a material nature, or prior to seven (7) business days before Bid due date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all Bidders and all objections are waived by the Bidder. 3.11 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested by the City to determine suitability. Samples shall be requested after the date of Bid opening, and if requested, shall be provided by Bidder to the City within seven (7) business days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, and upon request of the Bidder, will be returned within thirty (30) days of Bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a location selected by the City. Failure to provide samples or demonstrations as specified by the City may result In rejection of the Bid. 3.12 PUBLIC RECORDS: Bidders are advised that the Sunshine Law and Public Records Act (Chapters 286 and 119, Florida Statutes, respectively) are applicable to the City. Information and materials received by the City in connection with an ITB response, as provided by Florida law, are public records. City -of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 3.13 DRUG FREE WORKPLACE PROGRAMS; Preference shall be given to business with Drug -Free Work Place programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, the Bidder that provided proof to the City that it has a written Drug Free Work Place program shall be given preference in the award process. 3.14 LEGAL REQUIREMENTS: Bidder shall comply with applicable provisions of all federal, state, county laws, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Bidder, shall not constitute a cognizable defense against the legal effect thereof. Any person who acts as a lobbyist pursuant to City Code, Article V. Code of Ethics, Division 2, Lobbyist Registration, must register with the City Clerk prior to engaging in lobbying activities before City staff, boards, committees and 1 or the City Council, or any member thereof. Separate registration is required for each principal 1 client represented and each City matter. All registrations expire on December 31st of each calendar year and new registration is required. The form is available for your review at www.mvboca.us/pdf/LobbylstForm.pdf 3.15 PROCUREMENT CODE: A copy of the Procurement Code is available for your review at www.m boca.us1 sin . 3.16 PUBLIC ENTITY CRIME$: In accordance with the provisions of paragraph (2)(a) of Section 287,133, Florida Statues, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, for CATEGORY TWO for a period of 38 months from the date of being placed on the convicted vendor list. 3.17 CODE OF ETHICS: If any Bidder is found to be in violation of the Code of Ethics of the City of Boca Raton and/or the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described In this Bid or from furnishing the goods or services for which the Bid is submitted and may be further disqualified from bidding on any future Bids for work or for goods or services for the City of Boca Raton. A copy of the City and State Ethics Codes is available at the office of the City Clerk, City of Boca Raton, 201 W. Palmetto Park Road, Boca Raton, Florida. Bidder shall comply with all Florida laws relating to conflicts of interest, Including Section 112.313, Florida Statutes and shall under appropriate circumstances, submit Form 3A, Interest in Competitive Bid for Public Businesses. This form maybe obtained from the City of Boca Raton website at www.myboca.ustpurchasing. 3.18 NON -COLLUSION: Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any violation thereof may result in contract cancellation, return of materials or discontinuation of services and may be removed from the vendor Bid list(s). 3.19 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any Bids received and utilize other available governmental contracts, as provided by law, if such action Is in its best interest. 7_TZ VA1111411;7_L`C*= 4.01 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the City. The Contractor shall provide to the Purchasing Division original certificates of current coverage meeting all such requirements and specifications prior to engaging in any activities under this contract. The certificates must list the City as an ADDITIONAL INSURED and shall provide no less than thirty (30) days written notice to the City of cancellation or material change. Further modification of the insurance requirements may be made if circumstances change or adequate protection of the City is not presented. 4.02 INDEMNITYIHOLD HARMLESS AGREEMENT: Contractor shall, in addition to any other obligation to indemnify the City of Boca Raton Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of 5 City,of Bocel Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 Boca Raton, its officials, and employees, from and against all claims, actions, liabilities, losses (Including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue Indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. This provision shall not be deemed to waive any of the rights or immunities accorded to the City by section 768.28, Florida Statutes, or any other applicable law. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 METHOD OF ORDERING: Items shall be ordered via an individual purchase order. 5.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation, if delivery is not made in accordance with the schedule specified in the ITB or as otherwise accepted by the City, Deliveries shall be made in accordance with City of Boca Raton security procedures. 5.03 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered In response to a Bid award shall remain the property of the Bidder until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the Bid, be of the required quality, new, and the latest model, unless specified In the Special Conditions. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and satisfactory acceptance of materials or services. 5.04 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES: Items offered may be tested for compliance to Bid specifications. Items delivered which do not conform to Bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for delivery of items not conforming to specifications, or fate delivery may result in enforcement of all remedies in law or equity or as specified In the City's Procurement Code. 5.05 CHANGES I MODIFICATIONS: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee that changes or modifies the requirements of the ITB and or Contract. Oniy those communications, which are in writing from an authorized representative of the City and the Contractor, in accordance with the City of Boca Raton Procurement Code and or purchasing operating procedures, may vary the terms of the written Bid or contract, 5.06 PAYMENT TERMS, CASH DISCOUNTS AND INVOICES: Payment terms, unless otherwise stated in this ITB, will be considered to be net 30 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, It Is understood that the discount time will be computed from the date of satisfactory delivery at the place of acceptance, and receipt of a correct invoice at the office specified, whichever occurs last. Partial billing will not be accepted unless authorized specifically in the Special Conditions, Invoices must be submitted against each individual purchase order. Invoices without a correct and valid purchase order number may not be processed for payment. Request for payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this Bid specification shall minimally meet the following conditions to be considered as a valid payment request: 6 City'of Baca Raton Sodium Chloride, Solar Salt (Sulk) Bid No. 2009-004 (a) Timely submission of a properly certifiable invoice(s), in strict accordance with the pdce(s) and delivery elements as stipulated in the contract or purchase order document, submitted to: The City of Boca Raton, Financial Services Department City Hall, 201 W. Palmetto Rd, Boca Raton, FL 33432 PH: 561-393-7727 (b) All Invoices submitted shall: consist of an original and one (1) copy; clearly reference the subject contract or purchase order number, provide a sufficient salient description to identify goods or service for which payment is requested; contain the date of delivery; contain an original or legible copy of signed delivery receipt including both manual and printed name of a designated City of Boca Raton employee or authorized agent who received the goods; and identify invoice as "partial" or "final". (c) The invoice shall contain the Bidder's Federal Employer Identification number and clearly reference the Contractor's Business name and address for payment. 5.07 SAFETY STANDARDS: Manufactured items, fabricated assemblies and on -site contractor services shall comply with all applicable federal, state and local requirements. For on -site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970, as amended, and any other applicable federal, state and local regulations. 5.08 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB, Bidder will supply only material or equipment that is 100% asbestos free. 5.09 OTHER GOVERNMENTAL ENTITIES: When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity. 5.10 INDEPENDENT CONTRACTOR: Contractor undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. The Contractor, nor the sub- contractor or their employees or their agents, shall not receive any City benefits, stipend or privileges afforded to City employees. 5.11 ASSIGNMENT, The City and Contractor each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this contract. Any assignment, sale, pledge or conveyance of this contract by Contractor must be previously approved in writing by the City. 5.12 NON EXCLUSIVE CONTRACT: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at Its sole option. 5.13 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this ITB/Contract, or if the Contractor shall violate any of the provisions of this contract, the City may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this contract, or with such part or parts of the contract as to which there has been default, and may hold the Contractor liable for all damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff, until such time as the amount of damages due to the City from the Contractor can be determined. 7 City'of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 5.14 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 5.15 TERMINATION FOR GOVERNMENTAL NON APPROPRIATIONS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law, and contract, and shall be terminated without penalty to the City and without any default upon the last day in which funds were last appropriated. 5.16 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and supporting records in accordance with generally accepted accounting practices and standards for records directly related to this contract for a minimum of (1) year beyond the last day of the contract term. The form of all records and reports shall be subject to the approval of the City, The Contractor agrees to make available for review and audit to the City and or City Consultant, during normal business hours and In Broward, Miami Dade or Palm Beach Counties, all books of account, reports and supporting records relating to this contract for the duration of the contract and for one year following the last day of the contract. 5.17 POST SALE AUDIT ADJUSTMENT: All items sold to the City of Boca Raton as a result of this Bid are subject to Post Sale Audit Adjustment. In the event that an audit reveals the vendor has not honored quoted pricing, price lists or discount structures, vendor will be liable and will be invoiced and collected with (30) days for any and all overstated charges. Failure to remit may result in termination of the contract. 5.18 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his own expense, obtain all necessary permits; pay all licenses, fees and taxes, which comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried on under this contract. City of Boca Raton permit fees will be waived by the City; however, fines and penalties will be assessed based upon standard fee structure. 5.19 CONTRACTOR REGISTRATION: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. Contractors awarded work involving a permit shall register with the City of Boca Raton License Office prior to performing the work. 5.20 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Bid prices shall Include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.21 LAWWORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. 5.22 COMPLIANCE WITH CITY OF BOCA RATON ORDINANCE: Awarded vendor shall comply with all applicable Boca Raton City Ordinances, including, but not limited to, 16-57, "Display of Identification on Trucks and Related Commercial Vehicles", which mandates vehicles be designated by lettering of two inches minimum size on either side of the vehicle indicating the name and address of the person owning or operating the same for commercial use. 5.23 GOVERNING LAW AND VENUE: Contracts shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. M. City'of Baca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 5.24 NON-DISCRIMINATION: The City of Boca Raton is an equal opportunity employer and prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, disability, andfor political affiliation in all aspects of its personnel policies and procedures, programs, practices and operations, 5.25 CITY POLICIES: Awarded contractor shall comply with the City of Boca Raton Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Boca Raton Human Resources Division. Violations of these policies may result in cancellation of the contract. 9 City of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 SPECIAL CONDITIONS PART I INSTRUCTION TO BIDDERS 1. INSTRUCTIONS TO BIDDERS The City of Boca Raton, Florida is hereby requesting sealed bids from qualified bidders for Sodium Chloride, Solar Salt, (Bulk) Bid Number 2009-004 which will be received by the City of Boca Raton prior to the closing date and time of February 5, 2009 by 2:00 PM, E.S.T. at the Purchasing Office, City Hall, 201 West Palmetto Park Road, Boca Raton, Florida 33432 This bid may not be electronically submitted and requires a hard copy document to be submitted per the instructions herein. The City of Boca Raton shall not be held responsible for the content of bid packages or addendums obtained from any third party source. Bidders must follow the City of Boca Raton visitor security access procedures when hand delivering bids. Bidders should allow at least thirty (30) minutes to follow the below visitor procedures. 1. Enter building through the front entrance door (North side of City Hail Building) 2. Present photo identification and sign -in at the front desk at which time a visitor badge will be provided 3. Proceed to the Purchasing Division Office, Room 105 4. Present bid in the Purchasing Division for official dateltime stamp prior to the closing date and time Bidders are responsible for verifying that they have received and viewed all bid pages. Bidders are requested to submit an original and one (1) copy of their bid document for review by the City when submitting a paper bid submittal. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City seven (7) business days prior to the bid due date. The purpose of this bid is to establish a term contract for the supply and delivery of Sodium Chloride, Solar Salt to be ordered on an as needed basis. This solicitation is a cooperative procurement on behalf of the NIGP Southeast Florida Governmental Purchasing Cooperative group for Bulk (tank load) deliveries of Sodium Chloride, Solar Salt, The governmental agencies participating in this procurement and their respective delivery locations are indicated on the attached Co -Op Agencies Estimated Annual Usage Schedule. 2. INFORMATION Any questions by prospective bidders should be directed to Alicia B. Kalish, CPPB (Telephone Number 561.393- 7876) who is authorized only to direct inquiries to various portions of the bid so bidders may read and interpret such for themselves. No authorization is allowed by any City of Boca or Purchasing Division personnel to interpret, or give information as to bid requirements in addition to that, which is contained in the written bid document. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to bidders only by written addendum after written requests have been received from the bidder. In conjunction with General Term and Conditlon number 3.10, written requests must be received seven (7) business days prior to the bid opening. Questions may be faxed using City fax number (561) 393-7983 with reference to the Bid number and title on Company letterhead. City'of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 PART Il DEFINITIONS DEFINITIONS No Additional Definitions are included PART III BIDDING AND AWARD PROCEDURES 1. BIDS FIRM FOR ACCEPTANCE The City elects to supersede General Condition 3.01 as noted herein: Bidder warrants, by virtue of bidding, that the prices quoted in the bid will remain valid for acceptance by the City for a period of 120 days from the bid opening. 2. F.O.B. POINT All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims). The successful bidder shall be fully responsible for any and all travel expenses and/or delivery/transport charges to and from destination. Exact delivery point will be indicated on the purchase order. 3. QUALIFICATION OF BIDDERS This bid shall be awarded only to responsive and responsible Bidder(s) qualified to provide the product specified. The Bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the all firms' qualifications. Failure to fully submit the requested information may result in the bid being considered non -responsive. A. Bidder shall have a minimum of three (3) references that list a brief description of similar accounts and size, denoting location, dates of contracts, names, addresses and phone numbers of owners, in the past five (5) years (Reference sheet provided). B. Location of physical plant/warehouse and facilities to adequately supply product to all users. C. Details of shipping method to be used for the City of Boca Raton as well as other end users. (Delivery truck to be in A-1 mechanical condition and have a properly licensed driver trained in the proper handling, use and operation of equipment required for delivery of product in accordance with Co -Op Agencies Estimated Annual Usage Schedule. D. Number of years organization has been in business. E. Bidder shall provide specification data sheets as proof that product being bid meets specifications. F. Summary of Quality Control Program. G. Listing of office hours complete with names and contact Information for personnel available during regular business hours (Monday -Friday, 9:00 AM — 5:00 PM) as well as other hours of operation for coordination of delivery, insurance, billing questions. H. Awarded Vendor shall submit usage report to Lead Agency detailing shipments made to individual agencies in accordance with NIGP Southeast Chapter Co -Op cover sheet. Completion and submission of Questionnaire attached herein. 11 CitVof Boca Raton Sodium Chloride, Solar Salt (Bull[) Bid No. 2009-004 4. COMPETENCY OF BIDDERS Pre -award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to insure that they can satisfactorily execute the services under the terms and conditions stated herein. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 5, BACKGROUND INFORMATION The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of their qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. 6. REFERENCES As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 7. METHOD OF AWARD Award recommendations that exceed $50,000 will be presented to the City Council for approval, which conforms to all requirements herein. and whose evaluation by the City indicates that the award will be in the best interest of the City. ITB's that are less than $50,000 require the award recommendation to be posted on the City of Boca Raton Legal Notice Board for a period of three business days prior to making the award. The City reserves the right to award this bid to the lowest responsive, responsible bidder on an aggregate (total lump sum) or on a line by line basis, whichever Is deemed to be in the best interest of the City, acting as Lead Agency on behalf of all other participating entitles. The City reserves the right to pick and choose any combination or order of project phases, delete any project phase, or to add -on at a future date, at prices quoted in this Bid, subject to appropriation of funds for the budget year applicable and mutual agreement of the City and Contractor. PART IV INSURANCE 1. INSURANCE REQUIRED (Proof of ability to obtain Insurance to be submitted with bid document) WORKER'S COMPENSATION The Contractor shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation Insurance covering all its employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws. This coverage shall also be maintained by all subcontractors to Contractor. Thirty (30) days notice of cancellation, lapse or material modification is required and must be provided to the City of Boca Raton via Certified Mail. CQMMERCIAL GENERAL LIABILITY The contractor shall procure and maintain, for the life of this ContractlAgreement, Commercial General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability with no more than a $10,000 deductible. 12 SEE ATTACHED INSURANCE FORM City'of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 The City of Boca Raton and the Boca Raton Beach and Park District must be named as an additional insured. The additional insured requirement Is waived if the vendor is delivering a product owned by the City. Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The contractor shall procure and maintain, for the life of the Contract/Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or "Comprehensive Form" type policy. In the event that the Contractor does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the Contractor indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition, Contractor's Signature: Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail In the event of cancellation. SUBCONTRACTOR'SINSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverage's required of the successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boca Raton. SUPPLEMENTAL PROVISIONS 1. The insurance coverage and conditions afforded by this policy(s) shall not be suspended, voided, canceled or modified, except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested, has been given to the City of Boca Raton's department that originated this contract. 2. Certificates of Insurance meeting the specific required provision specified within this Contract/Agreement shall be forwarded to the City of Boca Raton Department that originated the contract, and approved prior to the start of any work or the possession of any city property. PART V PURCHASE ORDER AND CONTRACT TERMS 1. CONTRACT PERIOD AND RENEWALS (A) Contract Period: The initial contract period shall be for one (1) year automatically renewed thereafter for three (3) one-year renewal periods subject to termination clause(s) as provided herein. Automatic contract renewal shall be subject to the appropriation of funds, satisfactory performance and determination that the contract renewal Is in the best interest of the City. The City requires a firm price for the initial contract period. Annual renewals will be based on the Vendor agreeing to the same terms, conditions, pricing and specifications as stipulated herein. 13 City of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2GD9-004 (B) Renewal Periods: Prior to each annual renewal, the City may consider price adjustment(s) gnly when a written request is received by the Buyer identified herein a minimum of one hundred and twenty (120) days prior to the renewal date for review by the Lead Agency. Vendor is responsible for verifying that written price request was received by the Buyer within one hundred and twenty (120) days. Vendor's written request shall identify each bid item affected and proposed price with written justification and supporting documentation attesting that the request is a bonafide cost increase/decrease to the vendor. Failure to submit the required supporting documentation may result in the price adjustment request being denied. Vendor's requested price adjustment is subject to City/Lead Agency approval, and shall require written acknowledgement from the Buyer. In the event that the City does not wish to accept the adjusted cost(s) and the matter cannot be resolved to the satisfaction of the City, the Contract may be terminated by the City by giving written notice to the Vendor. In the event that a cost decrease is realized due to changes in the economy (CPI/CPU and/or decreases that are industry specific), the City shall have the right to request and receive from the Vendor a reasonable reduction in costs. The City reserves the right to request full documentation (schedule of values) for freight costs at start of contract period as a benchmark for the contract. 2. CONTRACT ALTERATIONS The City reserves the right to delete, add or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. The Contractor, the City's Project Manager and Purchasing Manager or appointed designee must mutually agree upon items added or revised. 3. PRI ING Contract terms allow for a price increase request at the time of contract renewal, based on Contractor's actual costs. Ad ustments shall be based on Bidder's actual increase or decrease and shall be Predicated on actual costs Incurred by the Contractor, which shall be documented to the satisfaction of the City. Cost ad ustments shall reflect only a direct Pass4hrounh of costs and no char es to the Contractor's roflt mar In shall be permitted. In order to qualify for any price increase, the Awarded Vendor must submit documentation in accordance with Part V — Item 1 (B) Renewal Periods. The City and Contractor may also utilize a recognized government/industry index or combination of indices to be mutually agreed upon by the Lead Agency and Contractor, when determining price increases. 4. PARTICIPATION OF CO.OP MEMBERS All Co-op members participating in this contract shall do so in accordance with stipulations and governing By - Laws as set forth by the NIGP Southeast Chapter (htto:L/www.nigl2.sefl.o[gLby.-Iaws.as Co -Op members, in good standing, that will participate in future renewals not listed on the original bid solicitation shall be charged the same unit pricing as an identified agency that is closest in proximity to the newly included agency's delivery site. METHOD OF ORDERING BLANKET PURCHASE ORDER The following supersedes and is in conjunction with General Condition 5.01. Each participating entity shall issue the Contractor individual purchase order(s) and/or blanket purchase order(s) throughout the term of the award. The department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of this bid are applicable. Only awarded bid items may be purchased on the Blanket Purchase Order. Vendor Is to take all necessary steps to insure this requirement. Invoices must reference individual entity purchase order number. 6. DELIVERY Delivery is requested within a maximum five (5) business days after receipt of order placement off blanket or other purchase order(s). sack -orders shall be made known to the City at time of order placement or as soon as Bidder has been notified of such. Deliveries to each location must be made during normal working hours unless order arrangements have been made. Carrier shall provide City Contact with at least twenty-four (24) hours 14 City of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 200MO4 advance notice prior to scheduling delivery. Each City contact is as noted on the attached schedule. The City of Boca Raton will not accept deliveries after 3:00 PM. Failure to supply deliveries within the requested time period may result in cancellation of order and/or for the City to obtain the product from an alternate source of supply, as deemed to be in the best Interest of the City. Awarded Vendor(s) agree to furnish a weight certification with each shipment. Certificate shall indicate gross, tare and net weights. For the M of Boca: All bulk chemical deliveries to the Utility Services Treatment Facility shall be secure from tampering in route to the delivery point utilizing portal sealing devices. Prior to delivery, Bidder(s) shall be responsible for having a faxed copy of the bill of lading sent to FAX # 561-338-7345, Attn: Ed Catalano (WWTP Deliveries) or Attn: Shawn Sexton( WTP deliveries) depending upon delivery location. Bill of lading shall identify the name of the driver (printed) and the serial numbers for all of the seals for all of the tanker's portals. Only City of Boca Raton Utility Services staff shall remove seals after inspection of the tanker. Drivers will be required to show a valid drivers license with picture I.D. to be admitted into the Water and Waste Water Treatment Facility. Broken portal seals or the absence of portal seals shall be grounds for rejecting the delivery at no expense to the City. 7. PROTECTION OF PROPERTY The successful bidder shall, at all times, guard against damage or loss to the property of the City of Boca Raton or that of other vendors or contractors, and shall be held responsible for replacing or repairing any such loss or damage. The City of Boca Raton may withhold payment or make such deductions, as deemed necessary, to ensure reimbursement or replacement for loss or damage to property through negligence of the successful Bidder or their agents. S. DEFAULT In the event that the Contractor cannot respond adequately to the needs of the City by reason of supply failure or unable to ship product that meets the City's specifications or any.other reason, the Contractor shall advise the City in writing within twenty-four (24) hours of said inability, and further advise as to the length of said inability. The City may then consider said inability to be a breach of this Contract and may undertake the necessary steps to procure on the open market. If delivery requirements can not be fulfilled by the Contractor, the City retains the right to cancel the order in question with no penalty or fees and make such purchases on the open market and Contractor shall be liable for all price differences if delivery failure is not a case of FORCE MAJEURE. 9. QUANTITY The estimated annual requirements for Sodium Chloride, Solar Salt are as noted on the attached Co -Op estimated Annual Usage Schedule. All quantities provided are estimates of annual usage. The City of Boca, as Lead Agency, reserves the right to order greater or lesser quantities during any contract period to meet actual requirements. No warranty is given or implied as to the exact quantities that will be used during the duration of this contract. 15 City of Boca Raton Sodium Chloride, Solar Sall (Bulk) Bid No. 2009-004 PART IV TECHNICAL SPECIFICATIONS PRODUCT: Sodium Chloride, Solar Salt Quality, Bulk 1. The sodium chloride (NaCO shall be solar salt quality or greater, containing no organic binders, flow control agents, or resin cleaning materials, and meeting or exceeding the following specifications (as ppm [mglkg) weight) NaCh Dry Basis: 96.3 — 98% Wet Basis: 93.3% min. Calcium sulfate: 0.30% max. Magnesium chloride: 0.05% max. Calcium chloride: 0.10% max. Magnesium sulfate: 0.02% max. Insolubles: 0.1% max. Moisture (as H20) 3.0% max. Lead: 0007% max. Copper: 0003% max. Iron (as Fe): 002% max. Total impurities: 2.0% max. (soluble and insoluble) 2. Product shall be homogeneous and in a crystalline granular form. 3. Salt products shall be NSFIANSI Standard 60 certified, and acceptable for use in the electrochlorination process for on -site hypochlorite generators as well as softener resin regeneration. 4. Product shall be white in color. 5. Inspection and acceptance of product shall be in accordance with AWWA Sodium chloride B200-93 Section 5, or latest edition for verification requirements; and National Sanitation Foundation (NSF) Standard 60 (or equivalent. 6. If the material does not meet the requirements of this standard, the supplier shall remove the product from the City property and clean the brinemaker tanks at no additional cost to the City. The City reserves the right during the contract period to determine by independent tests if the product supplied meets aforementioned specifications. The cost of the test is to be paid for by the City if the sample meets specifications and by the Contractor if it does not. 7. All hulk shipments shall be accompanied by certified weight tickets. Delivery shall be made using pneumatic tanker truck only. 8. The City of Boca Raton may require an affidavit from the supplier that the sodium chloride fumished under the City of Boca Raton specifications complies with all applicable requirements of this standard. 9. Minimum delivery requirements are approximately 25 tons. 16 City of Boca Raton Sodium Chloride, Solar Salt (Bulk) Bid No. 2009-004 CO-OP AGENCIES ESTIMATED ANNUAL USAGE All current participating agencies estimated annual usage and contact Information is as noted below: Agency Contact Usage Fittings Tank City of Boca Raton Contractor shall be responsible for WWTP has two FRP Wastewater Plant Ed Catalano 1000 tons pneumatically off-loading via a hose tanks at 59 tons each 1501 Glades Road 561-338-7332 connection to a 4" aluminum CAM manufactured by Boca Raton, FL 33431 lock male fitting. Plas-Tanks Industries, Inc. City of Boca Raton Contractor shall be responsible for WTP has two FRP Water Treatment Plant Shawn Sexton 1500 tons pneumatically off-loading via a tanks at 72 Tons each 1301 Glades Road 561-338-7324 hose connection to a 4" aluminum manufactured by Boca Raton, Ft_ 33431 CAM lock male fitting Plas-Tanks Industries, Inc. Town of Davie Contractor shall be responsible for WTP has a 55 ton Water Treatment Plant Bruce Taylor 533 tons pneumatically off-loading via a silo; WTP has a 32 3600 NW 7e Ave. 954-327-3745 hose connection to a 4" aluminum ton silo Davie, FL 33314 (433 tons CAM lock male fitting 100 tons City of Hollywood Contractor shall be responsible for 80 ton tank, Water Treatment Plant Taylor Calhoun 720 tons pneumatically off-loading via a Fiberglass 3441 Hollywood Blvd Carlos Aguilera hose connection to a 4" aluminum Hollywood, FL 33021 954-967-4230 CAM lock male fitting Town of Lantana Clyde Ali Contractor shall be responsible for WTP has 34 ton tank Water Treatment Plant 561-540- 750 tons pneumatically off-loading via a 510 W. Pine Street 5760 hose connection to a 4" aluminum Lantana, FL 33462 CAM lock male fittin City of Margate Contractor shall be responsible for WTP has one tank Water Treatment Plant Rick Van Acker 650 tons pneumatically off-loading via a @80 ton 1001 W River Dr. Or Mike Uber hose connection to a 4" aluminum manufactured by Margate, FL 33063 954-972-0828 CAM lock male fitting Beden-Baugh Products Inc. City of Margate Contractor shall be responsible for WWTP has one tank Wastewater Treatment Plant Gregory Gustitus 200 tons pneumatically off-loading via a @ 50 ton capacity 6630 NW a St 954-972-0828 hose connection to a 4" aluminum manufactured by Margate, FL 33063 CAM lock male fitting Ben -Baugh Products Inc. City of Pembroke Pines Contractor shall be responsible for 7960 Johnson Street Mike Ponce 600 tons pneumatically off-loading via a 90 ton tank, Pembroke Pines, FL 33027 954-986-5009 hose connection to a 4" aluminum Fiberglass CAM lock male fitting City of Tamarac Water Treatment Plant John Harvey 450 tons Contractor shall be responsible for WTP has a 47 ton silo 7803 NW 616t Street 954-724-2430 pneumatically off-loading via a hose manufactured by Plas- Tamarac, FL 33321 connection to a 4" aluminum CAM Tanks Industries, Inc. look male fitting Village of Wellington Water Treatment Facility Sean McFarland 450 tons Contractor shall be responsible For WTP has two tanks: 1100 Wellington Trace 5 61-7 91- pneumatically off-loading via a hose 72 tons each Wellington, FL 33414 2465 connection to a 4" aluminum CAM lock male fitting 17 �Q 00 42 z 9 CD 9 T O to a w r" u C 3 m T CL �w = a lcr da cr 70 M� H : IR 'crF, p 0 LA) ri 1+ rt m 3� n n n n 0 n m a� 0 O N m w V+ m N v) N r H �v m po S o g o p $im c am 7 Q OF �/Y iJ7 (h -W p (/�! tND lN9 � W lN0 lN9 tNO lNA tl N F-' z1 H O llti .1 dl Qj O z � y � c 3 � Fes'' O ill 11 0) B r m O 3 � prga y O a � o w a A � r c h y �W�yy _ m a o cn W C3b [ o Q H O o, a.Up - N p m O O NNp O im 0 �► r � H Is � Q_ 0 � a 'i1 p O' City of Boca Raton Sodium Chloride, Solar Salt Rid No. 2009-004 BIDDERS CHECKLIST All bids should be submitted on the City provided Bid package forms and all blanks must be completed. Bidder is to return a complete set of all bid package forms as requested and listed herein. Failure to submit the required documents may result in your bid being considered nonresponsive and thereby 1. Is Qualification of Bidders information included? 2. Is proof of NSF 60 compliance (or equivalent) for product bid submitted? 3. Is proof of product being in compliance with AWWA Sodium Chloride B200-93 Section 5, verification requirements submitted together with bid? 4. Are MSDS Sheets for product bid submitted? 5. Is Proof of Insurance submitted? 6. Is copy of Business Tax Receipt submitted? 7. Is Drug Free Workplace form submitted? 8. Is Bidders Certification form notarized and submitted? 9. Are addendum (if any issued) submitted and acknowledged? 10. Did Bidder submit proof of their firm's registration within their State of origin? 11. Are all bid pages signed? 12. Is bld being submitted in duplicate (one original, one copy) and labeled accordingly? Name of individual submitting Bid: Email Address: COMPANY NAME: Print name / bids@mortonsalt.com Morton Salt and Sign Page 19 Yes X No Yes x No Yes x No Yes X Nc Yes X No Yes X No Yes X No Yes X No Yes._X No Yes X No Yes X No Yes X No Daniel D. Son industrial Business Manager Telephone: 800/882-7258 DATE: 2/9/0Q City of Baca Raton Sodium Chloride, Solar Salt Bid No. 2009-004 QUALIFICATIONS OF BIDDERS Fallure to fully submit the requested Information may result in the bid being considered non -responsive. Additional Information may be submitted as an Attachment (labeled accordingly). A. Bidder to provide a minimum of three (3) references that list a brief description of similar accounts and size, denoting location, dates, complete with verifiable contact information such as names, address and telephone numbers. of owners for each product bid. References shall be within the last five (5) years. 1. Name of Firm, City, County or Agency: South Central Reg. Waste Delray Beach, FL Address: Telephone: Contact: Title Name of Chemicals Supplied: Bulk Industrial Solar Salt Dates of service: From: 2007 _ To: Current Frequency of Deliveries: For City Use Only: Reference Verified: Yes- No Comments: 2, Name of Firm, City, County or Agency, City of Daytona Beach, FL Address: Daytona Beach, FL Telephone: Contact: Name of Chemicals Supplied: Bulk Industrial Solar Salt Dates of service: From: 2r1r14 rx ear] 17&. Ctrrpnt' Frequency of Deliveries: For City Use Only: Reference Verified: Yes No Comments: 3. Name of Firm, City, County or Agency, Village of Palm Springs,, FL Address: Palm Springs, FL Telephone: Contact: Title Name of Chemicals Supplied: Bulk Industrial Solar Salt Dales of service: From: 2004 1 To: current Frequency of Deliveries: For City Use Only: Reference Verified: Yes No Comments: B. Location of physical plant/warehouse and facilities to adequately supply product to all users Port• r'anaveral_ t- 1 o i a - Page 20 City of 84ca Raton Sodium Chloride, Solar Salt Bid No. 2009-004 C. Details of shipping method to be used for the City of Boca Raton as well as other end users. (Delivery trucks to be in A-1 Mechanical condition and have a properly licensed driver trained in the proper handling, use and operation of equipment required for delivery of product to individual end user locations D. Number of years organization has been in business 160 years E. Bidder to provide specification data sheets to ensure that product being bid meets specification as referenced herein. X Yes No Attach proof of each type of applicable compliance for product being bid Type(s) of compliance: Type(s) of compliance: Type(s) of compliance: F. Submission of Quality Control Program Quality control at Port Canaveral is the same plan that is in effect for all Morton Salt facilities which incorporate GRIP. specific questions--- G. Listing of office hours complete with names and contact information for personnel available during regular business hours (Monday -Friday, 9:00 AM -- 5:00 PM) as well as other hours of operation for coordination of delivery, insurance, billing questions. Office hours: Email of Contact person: Insurance: Delivery: Billing: _ Name of Contact: Mike Leahy, Sales Re resentative For ordering- 800/882-7258 Phone/FAX # (Contact) H. Awarded Vendor shall submit usage report to Lead Agency of shipments to individual entities in accordance with NIGP SE Chapter By -Laws as detailed applicable Co-op cover sheet. Yes No Contact person who will submit Co-op usage reports to Lead Agencyi�aura Stout Email: bids.@mortonsalt.com Telephone Number: 312/807-2881 COMPANY NAME. Morton Salt Page 21 DATE: 2/9/09 City of Boca Raton form must be Sodium Chloride, Solar Salt Bid No. 2009-004 or other officer authorized The undersigned Bidder cerlifles that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. *Bidder must submit proof that their firm name is registered with their State of Morton Salt *Name of Bidder (Firm Name as Registered with their State of origin) Business dress: 123 N. Wacker Drive Street Address (P.O. Box Address is not permitted) Chicago, IL 60606-1743 City, State, Zip M i� lingAddress: [�] Check if Same as Business Address above Street Address lndustriai Bus Hess Manager Print Name and Title of Person Signing this Form February 9, 2009 312/807-2962 312/807-2669 Date Telephone 1 Fax No. Email Address of Authorized Signature: dsonq@mortonsalt.com Federal I.D. No.: FEDERAL ID # 36-4140798 STATE OF: ILLINOIS COUNTY OF: COOK The foregoing instrument was acknowledged before me this 9th day of FebruarY2009, by Daniel D. Song who is (who are) personally known tome or who has produced as ldanti(Ication--orrd who did (did not) take an oath. NOTARY PUBLIC`SIGNATURE "'' YN MCA" CAROLYN M CARTER NOTARY PUBLIC • STATE OF ILLINOIS NOTARY NAME, PRINTED, TYPED OR STAMPED Commission Number: 630952 My Commission Expires: 8/l/09 NOTE: All bids shall be in a sealed envelope and marked on the exterior "Sealed Bid No. 2009-004". All bids must be submitted in duplicateto Boca Raton City Hall Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL by the date and time identified in the Instructions to Bidders. Page 22 City of Boca Raton Sodium Chloride, Solar Salt Bid No. 200"04 DRUG -FREE WORKPLACE FORM Bid No. 2009-004 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) l . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United State or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the perso n si a statement, I certify that this firm complies fully with the above requirements. anlel D. Song s t re Industrial Business Manager February 9, 2009 Date Page 23 City of Boca Raton Sodium Chloride, Solar Salt Bid No. 2009-004 STATEMENT OF NO BID BID No. 2009-004 If you are not bidding on this servicelcommodity, please complete and return this form to: City of Boca Raton Purchasing Department, 201, W. Palmetto Park Road, Boca Raton, Florida 33432. Failure to respond may result In deletion of vendor's name from the qualified bidder's list for the City of Boca Raton. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DA We, the undersigned have declined to bid on service/commodity because of the following reasons: —Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) l: r ►/AR'.4..3 Page 24 ATTACHMENT "A" r- Q c a� o Qcj � a SNNU g = N mm Er 0. N to N o cn N 0mJ a ¢ n Q� N J V�� a c C � 8012 Uc�r �Ii �� y m Uc]U UN(5 'CC ti aif n- E L L c_n 0 Ls lL NIL V A Q ATTACHMENT "A" N fA � to � rn CDC_ CM �MM--• C c o M d o V) 4 L- .co L �-2LL �'yy-J th,s�c �CCii+ 0, �CDto t+? 40.M Vfn 'e -Sft� g � (0 " C1.51 CD z ONO iirii (goo If m �$= 2N= �v� �N� ��� ��� atiZ ATTACHMENT "A" (b co co ,r 00 w N co N to cl p r co 2 � N W N LO m co rn u 0 E m L (/aJ F y G � Q brng V7 , yc E U m a� CD cm ' d ski co rnc� .ry co i mm C�3 '0 CQ td 'r- C LL Ca .. V- 66 C y p GG L.0 w- cc) C 1 M CLLLL !i?i or_ Z s IL W Cif i � &. n � Ri o G E ct- r N E ICSi o m i� OR� a a° r�i $ i rn�v� HRH yr� : NSF Certified Products - Public Water Supply Treatment Chemicals Page 1 of 2 NSF Product and Service Listings These Listings were Last Updated on Monday, February 09, 2009 at 4:15 AM Eastern Time. Please contact NSF Lnternational to confirm the status of any Listing, report errors, or make suggestions, Warnings NSF is concerned about fraudulent downloading and manipulation of website text. If you have received this listing In hard copy, always confirm this certiflcation/listing information by going directly to hUp;l/www.nsf.orFlCer fi d wsChemi istin s.as CompanyNamg=M rto� n&Che-rfflcalName=Sodium Chloride&P1antState=Flori_ da AFL& for the latest most accurate information. NSF/ANSI STANDARD 60 Drinking Water Treatment Chemicals - Health Effects MORTON INTERNATIONAL - MORTON SALT 123 NORTH WACKER DRIVE CHICAGO, IL 60606-1743 312-807-2000 Facility: CAPE CANAVERAL, FL Sodium Chloridell] [CL] Trade Designation Product Function Max Use Bulk Industrial Crude Solar Salt Other NA White Crystal® Coarse Solar Salt Other NA White Crystal® Water Softener Salt Other NA [i] Certified for use in electrochlorination process for on -site disinfectant generators ae well as softener resin regeneration. [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in t finished drinking water to ensure compliance to all applicable regulations. NOTE: All Listed products from this Facility are NSF Certified, whether or not they bear tr NSF Mark. Number of matching Manufacturers is 1 Number of snatching Products is 3 http://www.nsf org/CertifiedIPwsChemicalsIListings.asp?CompanyName=Morton&TradeN,.. 2/9/2009 . NSF Certified Products - Public Water Supply Treatment Chemicals Page 2 of 2 Processing time was A seconds Search Listings News Room { About NSF • Careers NSF Marls Client Log -In • PriyM Policy • Site Ma • Request Info • Contact Us • Co=ig_ht © 2004 NSF International. http://www.nsf orgICertifiedIPwsChemicalsIListings.asp?CompanyNarne=Morton&TradeN... 2/9/2009 Bulk Industrial Crude Solar Salt East Coast Terminals Description Industrial Solar Salt is crude, undried production imported from Great Inagua Island in the Bahamas or Brazil. The salt is produced from Atlantic Ocean water impounded in open shallow ponds where the brine is concentrated and ultimately crystallized through slow evaporation by solar heat and wind. Fractional crystallization and washing voids much of the inorganic salt impurities present in ocean water. Solar Salt tends to crystallize in a pyramidal aggregate which breaks up with harvesting and handling to irregular, somewhat rectangular particles. Appearance is crystalline to white with some incidence of a gray to tan shading. Chemical Analysis Industrial Solar Salt is not considered as food grade sodium chloride due to a high moisture content, heavy metals, the presence of biological residues, and exposure to cross -contamination in ocean shipment. Perth Amboy, NJ Typical Range *Sodium Chloride (%) Wet 98.9 97.1 - 99.0 Dry Basis 99.7 99.3 - 99.8 Calcium Sulfate (%) 0.17 0.06 - 0.3 Magnesium Chloride (%) 0.03 < 0.10 Calcium Chloride (%) 0.04 < 0.10 Magnesium Sulfate (%) 0.01 < 0.02 insolubles (%) 0.08 0.03 - 0.14 Moisture (%) 0.8 0.3 - 2.2 Heavy Metals as Lead (ppm) - 1-7 Copper (ppm) - 0.5 - 3 Iron (ppm) - 2-20 Other Terminals Typical Range *Sodium Chloride (%) Wet 98.2 96.3 - 98.9 Dry Basis 99.7 99.3 - 99.9 Calcium Sulfate (%) 0.2 0.05 - 0.3 Magnesium Chloride 0.03 0.01 - 0,06 Calcium Chloride (%) 0.03 0.02 - 0.10 Magnesium Sulfate (%) 0.02 0.01 - 0.02 Insolubles (%) 0.04 0.02 - 0.1 Moisture (%) 1.5 1.0 - 3.0 Heavy Metals as Lead (ppm) - 1-7 Copper (ppm) - 0.5 - 3 Iron (ppm) - 2-20 *By difference of iutpurities and moisture (ASTU procedures), includes <0.I % Potassiurn Chloride V9 i'pS 301.2 3I98 Physical Properties Pour (loose) bulk density of 1.0 - 1.4 g/ml (63-71 Ibslft3). Sieve Analysis USS Mesh opening* Millimeters Percent Retained** Perth Amboy Other Terminals Typical Range Typical Range .375" 9.5 23 6 - 38 4 2 - 10 3 6.3 20 8- 32 18 10 - 26 4 4.75 18 9-35 20 14-30 6 3.35 20 8 - 38 25 15 - 45 12 0 8 3-18 20 12 - 30 20 .85 1 8 2-18 1 9 1 4-16 Pan - 1 3 Tr - 9 1 4 1 1- 14 * 25.4 rnilllrneters per inch. � * on individual sieves, dried salt Commodity Code 3299 Terminals Brunswick, GA; Norfolk, VA; Port Canaveral, PI..; Perth Amboy, NJ; Providence, RI and Wilmington, NC. Other Plants See PDS 301.1 (Newark, CA), 301.3 (Grantsville, UT), and 301.4 (Long Beach, CA). These data are based on information we believe to be reliable. They are offered in good faith, but without guarantee, as conditions and methods of use of our products are beyond our control. We recommend that the prospective user determines the suitability of our material and suggestions before adopting them on a commercial scale. MORTON SALT 123 North Wacker Drive, Chicago, IL 60606-1743 www,mortonsait.com 1 i / s�. Industrial/Chemical State of Florida 0. Department of State -6.. I certify from the records of this office that MORTON INTERNATIONAL, INC, is a corporation organized under the laws of Indiana, authorized to transact business in the State of Florida, qualified on April 21, 1997. The document number of this corporation is F97000002061. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on January 9, 2006, and its status is active. I further certify that said corporation has not fled a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twelfth day of April, 2006 Secretary ofState Authentication MD 900070243769MI206-F97000002061 To authenticate WVcestifica7W S the followmgstte, enter this ID, and then follow the instructions displayed. www.sunbiz.org/auth.htmi MORM-N..SALT ARohmWHam CvMwny Material Safety Data Sheet MSDS 001, Revised 03/13/2006 1. PRODUCT IDENTIFICATION Emergency Phone Number: 3121807.2000 Chemical Dame: Sodium Chloride Common Name: Salt CAS Number: 7647-14-5 Chemical Formula: NaCl Product Names (Salt wlo additives): All Purpose Purex Salt Canning & Pickling Salt Culinox 999 Chemical Grade Salt Culinox 999 Fine Salt Cullnox 999 Food Grade Salt Evaporated Granulated Salt Evaporated Salt Pellets Fine Mixing Salt I.G. Blending Salt Industrial Crude Solar Salt KD Crude Solar Salt Kleer Fine Salt Weer Granulated Salt Mill Run Salt Northern Fine +20 Rock Sall (Northern Rock) Feed Mixing Salt, F & R Purex Salt Purex Select Salt Reagent Grade Sodium Chloride Repined Sea Salt Rock Pretzel Salt 2. COMPOSITION f INFORMATION ON INGREDIENTS Rock Salt for Making Ice Cream Safe-T-Salk (bagged only) Select Extra Coarse Rock Salt Service Pack Salt (all) Ship n' Shore Rock Salt Stock Salt USP Sodium Chloride White Crystal Rock Salt (all) While Crystal Solar Salt (all) While Crystal Water Softening Solar Salt (all) Formula CAS # % Sodium Chloride NaCl 7647-14-5 100, *Including small quantities of naturally occurring moisture and calcium/magnesium salts 3. HEALTH HAZARD DATA Effects of Overexposure: Ingestion: Skin Contact: Eye Contact: Inhalation: Acute Systemic Effects: Very large doses can cause vomiting, diarrhea, and prostration. Oral toxicity rat L05o; 3000 mg I kg. Mild skin irritant. Moderate irritant. Hazard Ratin (O=None, 4=Extreme) 0 Health (D Flammability 0 Reactivity Inhalation of dust may cause mild irritation to mucous membranes, nose and throat. Symptoms may include coughing, dryness and sore throat. Dehydration and congestion may occur in internal organs. Hypertonic salt solutions can produce inflammatory reactions in the gastrointestinal tract. Chronic Systemic Effects: No information found. 4. EMERGENCY AND FIRST AID PROCEDURES Eye Contact: Immediately flush eyes with plenty of water for at least 15 minutes. Call a physician If irritation persists. Skin Contact: Wash exposed area with soap and water. Get medical advice if irritation develops. Inhalation: Remove to fresh air. Get medical attention for any breathing difficulty. Page 1 of 3 � � r Ingestion: if large amounts were swallowed, get medical advice. 5. FIRE AND EXPLOSION HAZARD DATA Product is non-combustible; no extinguishing media or special fire -fighting procedures are required. There are no unusual fire or explosion hazards. 6. REACTIVITY DATA Stability: X❑ Stable ❑ Unstable Stable and inert under normal conditions. No hazardous polymerization can occur, No hazardous decomposition products or conditions. Materials to Avoid: Will react with strong acids (to generate hydrogen chloride) and strong oxidizing agents (to generate chlorine gas). 7. PHYSICAL DATA Appearance: Colorless or white crystals pH: About 7 Odor: None % Non -Volatile: 100 Density (Water =1): 2,165 g 1 cc Vapor Pressure (mm Hg): 1 mm @ 865°C (1589°F) Solubility in Water. 36 g 1100 cc water at 20°C (68°F) 8. SPILL OR LEAK PROCEDURES Boiling Point V60 mm Hg): 1d13°C (2575°F) Response to Small Spills: Sweep up and containerize for reclamation or disposal. Vacuuming or wet sweeping may be used to avoid dust dispersal. Response to Large Spills: Shovel and sweep up; containerize for reclamation or disposal. Hazards to be Avoided: None. Reportable Quantity: Check your state for requirements. Waste Classification: Some states have set maximum limits on chlorides in waste effluent. Disposal Methods: Whatever cannot be saved for reclamation may be delivered to an approved waste disposal facility or if local ordinances allow, can be dissolved in sufficient amounts of water to meet water quality standards, and flushed down a sewer drain. Ensure compliance with local, state and federal regulations. MSDS 001, Revised 03/13/2006 Page 2 of 3 Morton International, Inc., Morton Salt .123 N. Wacker Drive • Chicago, IL 60606-1743 4 . ' % 9, SPECIAL PROTECTION INFORMATION Respiratory Protection: For conditions of use where exposure to the dust is apparent, a NIOSH approved dustlmist respirator may be worn. For emergencies, a self-contained breathing apparatus may be necessary. For Hands, Body: For Eyes: Ventilation: 10. SPECIAL PRECAUTIONS 11. LABELING INFORMATION DOT Shipping Name: DOT Label-, 12. USER'S RESPONSIBILITY If deemed necessary, wear protective gloves and clean body -covering clothing. If deemed necessary, use chemical safety glasses or goggles. Contact lenses should not be worn when working with this material. Eye wash fountain or water for eyewashing should be available. In general, dilution ventilation is a satisfactory health hazard control for this substance. However, if conditions of use create discomfort to the worker, a local exhaust system should be considered. Transport in dry equipment; store in dry location. Handling procedures should minimize generation of airborne dust. Dust respirator as appropriate where exposure exceeds the 10 mglmz ACGIH TI.V for nuisance dust. Salt (common), UN No.: Not applicable sodium chloride Additional Product Label: Not applicable Not applicable Warning: None The responsibility to provide a safe workplace remains with the user. The user should consider the health hazards and safety information contained herein as a guide and should take those precautions required In an individual operation to instruct employees and develop work practice procedures for a safe work environment. The information contained herein is, to the best of our knowledge and belief, accurate. However, since the conditions of handling and use are beyond our control, we make no guarantee of results, and assume no liability for damages incurred by'use of this material. It is the responsibility of the user to comply with all applicable federal, state, and local laws and regulations. Nothing contained herein is to be construed as a recommendation for use in violation of any patents or of applicable laws or regulations. MSDS 001, Revised 03/13/2006 Page 3 of 3 Morton International, Inc., Morton Salt .123 N. Wacker Drive • Chicago, IL 60606-1743 Temp. Reso. #11618 May 5, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE PARTICIPATION IN A PURCHASING AGREEMENT FOR SOLAR SALT FOR WATER TREATMENT FROM MORTON SALT, UTILIZING THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP BID #2009-004 FOR AN ESTIMATED TOTAL COST OF $42,124.50 ANNUALLY, APPROVING FUNDING FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Solar Salt is a necessary chemical required for the purification and processing of water at the City of Tamarac Water Treatment Plant; and WHEREAS, the City of Tamarac participates in cooperative purchasing efforts with other governmental entities within South Florida through its membership in the Southeast Florida Governmental Purchasing Cooperative Group (the Co-op); and WHEREAS, the City of Tamarac is a party to certain agreements awarded by the Co-op, including the agreement for Solar Salt; and WHEREAS, the City of Boca Raton on behalf of the Southeast Florida Governmental Purchasing Cooperative Group (the Co-op), which included Temp. Reso. #11618 May 5, 2009 Page 2 quantities specifically required for the City of Tamarac has competitively solicited an Agreement to provide Solar Salt for Water Treatment purposes; and WHEREAS, The Co-op, through the City of Boca Raton City Council awarded Bid #2009-004 for "Sodium Chloride Solar Salt (Bulk)" as Council Item 3-A-1 at its regular scheduled meeting of March 24, 2009; to Morton Salt, Chicago, Illinois, a copy of said resolution and contract information attached hereto as Exhibit 1 "; and WHEREAS, the delivered cost of Solar Salt for the City of Tamarac is estimated to be $42,124.50 based on delivered pricing of $93.61 per ton for estimated quantities of 450 tons as shown in Exhibit 1" herein; and WHEREAS, the Agreement with Morton Salt provides for a one (1) year Agreement with three (3) one-year renewal options; and WHEREAS, City Code §6-154 allows the Purchasing/Contracts Manager the authority to join with other units of government in cooperative purchasing when the best interest of the City would be served; and WHEREAS, sufficient funds are available from the Utilities Department Operating funds; and Temp. Reso. #11618 May 5, 2009 Page 3 WHEREAS, it is the recommendation of the Director of Utilities and Purchasing/Contracts Manager that the City's participation in the Co-op Agreement for the purchase of Solar Salt from Morton Salt be approved with an effective date upon Commission approval for an estimated amount of $42,124.50 annually for a period to coincide with the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004 effective March 24, 2009; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the participation of the City of Tamarac in the Co-op Agreement for the purchase of Solar Salt from Morton Salt with an effective date upon Commission approval for an estimated amount of $42,124.50 annually for a period to coincide with the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004 effective March 24, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. The exhibit attached hereto is incorporated herein and made a specific part of this resolution. Temp. Reso. #11618 May 5, 2009 Page 4 SECTION 2: The appropriate City Officials are hereby authorized to approve the purchase of Solar Salt for a period to coincide with the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004, a copy of said Co-op notice of award is attached herein as Exhibit SECTION 3: Funding is available for the purchase of solar salt from the appropriate account at a total cost estimated to be $42,124.50 annually. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso. #11618 May 5, 2009 Page 5 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 1801061 BETH FLANSBAUM-TALABISCO MAYOR /Gr111111143 1 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY J H/mg Title - TR11631 SECOND AMENDMENT - LARGE USER WASTEWATER AGREEMENT Item No. 6(d) on the Consent Agenda. SECOND AMENDMENT - LARGE USER WASTEWATER AGREEMENT: (TR 11631) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute the Second Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac for additional wastewater reserve capacity; providing for conflicts; providing for severability; and providing for an effective date. - Utilities Director Ray Gagnon ATTACHMENTS: Name: Description: Type: ❑ TR #11631_MEMO.pdf TR 11631 MEMO Cover Memo ❑ 11631Reso _2nd_Amend _to Large User_ Wastewater_Agreement.doc TR 11631 Reso Resolution Letter ❑ TR #11361 EXHIBIT 1.pdf TR 11631 Exhibit 1 Backup Material CITY OF TAMARAC INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT TO: Jeffrey L. Miller, City Manager DATE: May 14, 2009 FROM: James T. Moore, P.E., Assistant Director of Utilities RECOMMENDATION: RE: Second Amendment to Large User Wastewater Agreement with Broward County Temp. Reso. #11631 I recommend that the City Commission approve Temporary Resolution #11631 authorizing the appropriate City Officials to execute the Second Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac for additional Reserve Capacity of 0.46 million gallons per day (MGD). ISSUE: The City's wastewater flows are approaching the contractual limits set at 8.04 MGD in the First Amendment to the Large User Wastewater Agreement executed by the City on January 18, 2000 and by Broward County on March 7, 2000. BACKGROUND: In November 1988, the City executed a Large User Wastewater Agreement with Broward County. This provided a contractual limit of 7.04 million gallons per day (MGD) of wastewater treatment and 7.04 MGD of wastewater transmission. In January 2000, the City executed a First Amendment to the Large User Wastewater Agreement with Broward County. This increased the contractual limit from 7.04 to 8.04 MGD for both wastewater treatment and wastewater transmission. Broward County has recently expanded the Broward County's North Regional Wastewater Treatment Plant and has additional wastewater capacity available. The City is requesting the reserve capacity be increased from 8.04 MGD to 8.50 MGD to handle wastewater volumes generated through Year 2025. In order to complete the transaction, a Second Amendment to the Large User Wastewater Agreement is necessary. This amendment would contractually increase the existing Wastewater Treatment and Wastewater Transmission Reserve Capacity from 8.04 MGD to 8.50 MGD. In addition to the Second Amendment, there is normally a cost associated with the increase in wastewater capacity. The original Large User Wastewater Agreement outlines the methodology for determining the cost for the additional reserve capacity. It is referred to as the "square one" calculation process and essentially the costs (credits) are determined by the Page 2 TR #11631 May 14, 2009 amount of debt service paid on the additional capacity since the formation of the regional system. In this case, other Large Users such as Broward County asked for a much larger Reserve capacity which lowered the City's ProRata Share of the Treatment capacity from 10.05% to 9.675% and Transmission capacity from 13.0541% to 12.3681%. This "square one" calculation process will allow the City to receive a refund of $1,034,177 which is subject to change dependent upon the amendments being received from all Large Users. FISCAL IMPACT: There will be an initial credit of $1,034,177 due to the "square one" calculation process followed by an increase in wastewater rates of approximately $500,000 per year due to debt service to pay for the recent 20 MGD expansion of the North Regional Wastewater Treatment Plant. JTMImg Temp. Reso. #11631 May 11, 2009 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR ADDITIONAL WASTEWATER RESERVE CAPACITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac executed a Large User Wastewater Agreement with Broward County for Wastewater Treatment and Transmission on November 28, 1988, which was executed by Broward County on May 23, 1989 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the Large User Wastewater Agreement provided a reserve capacity of 7.04 million gallons per day (MGD) for wastewater treatment and 7.04 MGD for wastewater transmission; and WHEREAS, the City of Tamarac executed a First Amendment to the Large User Wastewater Agreement with Broward County for Wastewater Treatment and Transmission on January 18, 2000, which was executed by Broward County on March 7, 2000 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the First Amendment to the Large User Wastewater Agreement provided a reserve capacity of 8.04 million gallons per day (MGD) for wastewater treatment and 8.04 MGD for wastewater transmission; and Temp. Reso. #11631 May 11, 2009 2 WHEREAS, as a result of growth within the City, the wastewater flow from the City has increased since the execution of the First Amendment to the Large User Wastewater Agreement; and WHEREAS, additional wastewater treatment and transmission reserve capacity is available due to a recent expansion of the North Regional Wastewater System and is required by the City; and WHEREAS, the Second Amendment to the Large User Wastewater Agreement would increase the Reserve Capacity for Wastewater Treatment and Wastewater Transmission from 8.04 MGD to 8.50 MGD; and WHEREAS, the Large User Wastewater Agreement is specific as to the method of determining the cost of purchasing additional wastewater treatment and transmission capacity, and is based on the proportion of debt service on the reserve capacity of an entity to the debt service of the reserve capacity of the entire wastewater treatment and wastewater transmission facilities; and WHEREAS, the credit to the City to obtain additional Reserve Capacity from Broward County using the "square one" methodology outlined in the Large User Wastewater Agreement has been determined to be ($736,584) for wastewater treatment and ($297,593) for wastewater transmission for a total credit of $1,034,177; and WHEREAS, the Director of Utilities recommends the City execute the Second Amendment to the Large User Wastewater Agreement with Broward County for additional Wastewater Treatment and Wastewater Transmission Reserve Capacity; and Temp. Reso. #11631 May 11, 2009 3 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Second Amendment to the Large User Wastewater Agreement with Broward County for additional Wastewater Treatment and Wastewater Transmission Reserve Capacity; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. The exhibit attached hereto is incorporated herein and made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Second Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac for Additional Wastewater Reserve Capacity (Exhibit "1 ") SECTION 3: The $1,034,177 credit will be deposited into the appropriate Utilities wastewater operational accounts. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #11631 May 11, 2009 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2009. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY JTM/mg BETH FLANSBAUM -TALABISCO EXHIBIT "'I" TR #11631 SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC For WASTEWATER TRANSMISSION, TREATMENT, AND DISPOSAL SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT Between BROWARD COUNTY And CITY OF TAMARAC For WASTEWATER TRANSMISSION, TREATMENT, AND DISPOSAL This is a Second Amendment to the May 23, 1989 Agreement (the "Agreement"), made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, and CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the State of Florida, hereinafter referred to as "CUSTOMER," collectively referred to as "the Parties." WHEREAS, the Parties entered into the Agreement for CUSTOMER's access to and use of COUNTY's wastewater transmission, treatment, and disposal services; and WHEREAS, on March 7, 2000, the Parties entered into a First Amendment to the Agreement, to revise the CUSTOMER's future flow projections and its Reserve Capacity; and WHEREAS, CUSTOMER is a Large User of COUNTY's North Regional Wastewater System; and WHEREAS, CUSTOMER has determined it is in need of an additional .46 million gallons per day ("MGW) of wastewater transmission, treatment, and disposal Reserve Capacity in COUNTY's North Regional Wastewater System; and WHEREAS, COUNTY has determined it has sufficient excess Reserve Capacity in its North Regional Wastewater System to provide an additional .46 MGD transmission, treatment, and disposal Reserve Capacity to CUSTOMER; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and covenants contained herein, and other good and valuable consideration, receipt of which is hereby acknowledged, COUNTY and CUSTOMER agree as follows: 1. Each and every whereas clause set forth above is a true and correct recital and representation and is incorporated herein as if set forth fully. 2. Article 3, PROVISIONS PERTAINING TO CONNECTION TO THE COUNTY WASTEWATER TREATMENT SYSTEM, Sections 3.5 and 3.6 of the Agreement are hereby deleted and replaced with the following: 3.5 CUSTOMER'S FUTURE FLOW PROJECTIONS CUSTOMER acknowledges that it has reviewed its present needs for wastewater transmission and treatment service. CUSTOMER agrees that it shall annually review its future needs for wastewater transmission and treatment service and, with the advice and counsel of a professional engineer, project its future needs to the best of its knowledge and ability, in the format provided below. The projections listed below are CUSTOMER's future flow projections: Fiscal Year Annual Maximum Month Maximum Day Oct. 1 - Sept. Average Daily Flow Average Daily Flow Daily Flow 30 (MGD (MGD) (MGp} Trans- Treat- Trans- Treat- Trans- Treat - mission ment mission ment mission ment 2009 6.95 6.95 8.50 8.50 12.54 12.54 2010 7.20 7.20 8.70 8.70 12.82 12.82 2011 7.32 7.32 8.76 8.76 12.94 12.94 2012 7.44 7.44 8.82 8.82 13.07 13.07 2013 7.56 7.56 8.88 8.88 13.20 13.20 2015 7.80 7.80 9.00 9.00 13.45 13.45 2020 8.15 8.15 9.44 9.44 13.83 13.83 2025 8.50 8.50 9.84 9.84 14.24 14.24 These projections shall serve as a reasonable estimate of the future needs of CUSTOMER for the purpose of planning expansion, construction, modification, or alteration of said COUNTY facilities and shall be so used by COUNTY in determining plant capacity requirements attributable to CUSTOMER in COUNTY transmission, treatment, and disposal facilities. CUSTOMER agrees to furnish this projection to UTILITIES DIVISION no later than the first day of June each year. Said projections are necessary for planning purposes. COUNTY agrees that it will use the projections as a tool in determining if and when extensions and modifications to the facilities are required and economically feasible. In determining when to expand or modify its facilities, COUNTY will consider Amendment to Large User -2- recommendations of the individual CUSTOMER and of the District Advisory Board. 3.6 RESERVE CAPACITY COUNTY's obligation to furnish service to CUSTOMER under this Agreement shall be limited to a Reserve Capacity of 8.50 million gallons per day (MGD) for transmission, treatment, and disposal. The above -stated quantities may be subject to amendment or to modification and changes therein as provided for in Article 6. COUNTY shall have all right and power by suit or other such proceedings at law or in equity to enforce the limitation of its obligations hereunder and to prohibit CUSTOMER or its officers, agents, or employees from flowing wastewater into COUNTY's transmission and treatment facilities which exceeds the amount of Reserve Capacity hereinabove indicated. 3. This Second Amendment to the Agreement shall take affect upon execution by all parties. 4. Except as modified herein, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Amendment to Large User -3- IN WITNESS WHEREOF, the parties have made and executed this Second Amendment to the Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action on the day of , 2009, and the City of Tamarac, signing by and through its Mayor, duly authorized to execute same. COUNTY ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Mayor day of , 20. Approved as to form by Office of the County Attorney for Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 Al A. DiCalvo (Date) Assistant County Attorney Amendment to Large User -4- SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR WASTEWATER TRANSMISSION, TREATMENT, AND DISPOSAL CUSTOMER CITY OF TAMARAC ATTEST: By Beth Flansbaum-Talabisco, Mayor Marion Swenson, CMC City Clerk day of , 20 Jeffrey L. Miller, City Manager - day of APPROVED AS TO FORM: M Sam Goren, City Attorney Amendment to Large User -5- Title - TR11628 Purchase LifePak 15 Defibrillators/Monitors Item No. 6(c) on the Consent Agenda. PURCHASE OF LIFEPAK 15 DEFIBRILLATORS/MONITORS: (TR11628) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to purchase from Physio-Control, a division of Medtronic, Inc., a sole source provider, five (5) LifePak 15 adaptive, biphasic cardiac defibrillators and monitors with related accessories and four (4) mobile battery service stations for a total cost of $120,677.86; authorizing the disposal of four (4) outdated cardiac defibrillators and monitors; providing for conflicts; providing for severability; and providing for an effective date. - EMS Division Chief Tom Sheridan ATTACHMENTS: Name. Description: Type: ❑ TR 11628 LP15 Purchase.doc TR11628 LifePak 15 Defibrillators -Monitors Cover Memo ❑ TR11628_Physio_Control _Purchase.doc TR11628 LifePak 15 Defibrillators -Monitors Resolution Letter ❑ TR11628Exhibit_A.adf TR11628 LifePak 15 Defibrillators -Monitors Backup Material ❑ TR11628Exhibit_B Sole_Source.pdf TR11628 LifePak 15 Defibrillators -Monitors Backup Material CITY OF TAMARAC INTEROFFICE MEMORANDUM FIRE RESCUE DEPARTMENT TO: Jeffrey L. Miller, City Manager FROM: Jim Budzinski, Fire Chief Recommendation: DATE: May 21, 2009 RE: TR #11628 Purchase Cardiac Defibrillators and Monitors Place TR11628 on the agenda for the June 10, 2009 City Commission Meeting, for the purchase of five (5) LifePak 15 Cardiac Defibrillators and Monitors with related accessories, and the disposal of four obsolete cardiac defibrillators/monitors; authorizing an agreement for this transaction from Physio-Control, a division of Medtronic, Inc. in an amount not to exceed $120,677.86. Issue: The State of Florida, Chapter 64J-1.003(7), Florida Administrative Code, requires a Cardiac Defibrillator/Monitor on every licensed Advanced Life Support (ALS) vehicle. Upgrading current Cardiac Defibrillators/Monitors and related equipment on City of Tamarac Fire Rescue ALS vehicles maintains the Department's emergency and operational readiness. Background: Tamarac Fire Rescue requested and was awarded funds beginning in the FY05 budget to purchase two (2) Cardiac Defibrillators/Monitors and related accessories. Traditionally, this equipment is from Physio-Control, Medtronic, Inc. Initial and on -going Program Modifications and the Capital Improvement Project approved the purchase of two LifePak 12 units to replace the oldest units currently in service, which is now replaced by the LifePak 15. This yearly replacement program has set aside appropriate dollars for this purchase. The cost of this new Cardiac Defibrillator/Monitor purchase and related accessories is $120,677.86. The total dollar amount relates to funds that were rolled -over in anticipation of FDA -approval and shipping for the new Cardiac Defibrillator/Monitor purchase. The Resolution authorizes the purchase of 5 LifePak 15 machines with appropriate accessories and the disposal of obsolete machines greater than 10 years old with a trade-in value of $6,500. The accessories for the LifePaks include the battery conditioners and rechargers that will allow us to condition, charge and maintain a spare battery for each of our Defibrillators. Chargers will be available at each station for each in-service unit and can be deployed to each Rescue during a disaster. Fiscal Impact: A copy of the price quote from Physio-Control is attached to the Resolution as Exhibit A. This project supports the City's 2008 Strategic Plan and Vision to lead the nation in the quality of life as well as providing health and safety for its citizens through the delivery of safe, effective and efficient Emergency Medical Services. Goal #1 (Inclusive Community) — this strategy identifies customers and their needs as well as continues our EMS system's performance and benchmarking against other programs and services both locally and nationally. Goal #5 (Vibrant Community) — this strategy provides support and services to our citizens by improving safe patient care and delivery of EMS service. The cardiac defibrillators/monitors would be purchased from the capital account for Machinery and Equipment -Medical and Rescue Equipment that has a balance of $229,695.85 (Account #120- 4520-522-64-10). These funds are available in the approved FY09 budget. Equipment Replacement Program Breakdown: Current FY 09 Budget $229,695.85 Proposed Purchase $120,677.86 Remaining Fund Balance $109,017.99 There is no known unusual purchasing or legal requirements related to this item. Jim Budzinski TR11628 Page 2 May 21, 2009 TR11628 May 21, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to purchase from Physio-Control, a division of Medtronic, Inc., a sole source provider, five (5) LifePak 15 adaptive, biphasic cardiac defibrillators and monitors with related accessories and four (4) mobile battery service stations for a total cost of $120,677.86-1 authorizing the disposal of four (4) outdated cardiac defibrillators and monitors; providing for conflicts; providing for severability; and providing for an effective date. WHEREAS, the State of Florida requires a Cardiac Defibrillator/Monitor on every licensed Advanced Life Support (ALS) vehicle; and WHEREAS, upgrading Cardiac Defibrillator/Monitors on City of Tamarac Fire Rescue ALS vehicles maintains the Department's emergency and operational readiness; and WHEREAS, the City of Tamarac Fire Rescue Department wishes to purchase five (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors with related accessories and four (4) mobile battery service stations from Physio-Control, a division of Medtronic, Inc. at a total cost of $120,677.86 (quote attached hereto as Exhibit A); and WHEREAS, Physio-Control, a division of Medtronic, Inc. provides a one-year limited warranty to cover new LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors; and WHEREAS, the City of Tamarac has standardized on LifePaks from Physio-Control to ensure interoperability and continuity of care; and WHEREAS, Physio-Control, a division of Medtronic, Inc. does not utilize a dealer network, and markets all products directly; and WHEREAS, as a result of standardization and the lack of dealers, Physio-Control, a division of Medtronic, Inc. is a sole source provider (letter attached hereto as Exhibit B); TR11628 May 21, 2009 Page 2 WHEREAS, the City of Tamarac has available for disposal four (4) Cardiac Defibrillators consisting of one (1) LifePak 11 and three (3) LifePak 12 monophasic Cardiac Defibrillators and Monitors; and WHEREAS, City Code §6-153 permits the disposal of Surplus Stock; and WHEREAS, funding for the Cardiac Defibrillators and Monitors has been provided for in the FY09 budget; and WHEREAS, the Fire Chief and the Purchasing and Contracts Manager recommend purchasing the five (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors and mobile battery support in the amount not to exceed $120,677.86-1 and WHEREAS, the Fire Chief and the Purchasing and Contracts Manager furthermore recommend disposing of the LifePak 11 and LifePak 12 monophasic cardiac defibrillators and monitors; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac that the City purchase five (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors with related accessories and four (4) mobile battery service stations from Physio-Control, a division of Medtronic, Inc. for a total cost of $120,677.86. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits referenced herein and attached hereto are incorporated herein and made an express part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to purchase five (5) LifePak 15 Adaptive Biphasic Cardiac Defibrillator/Monitors with related accessories and four (4) mobile battery service stations from Physio-Control, Inc. for a total cost of $120,677.86 (quote attached hereto as Exhibit A). TR11628 May 21, 2009 Page 3 SECTION 3: The LifePak 11 and LifePak 12 Defibrillators and Monitors are outdated for use by Tamarac, are considered surplus stock, and are available for trade-in toward the purchase of LikePak 15 machines and accessories. SECTION 4: All Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or application of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day of , 2009. BETH FLANSBAUM-TALABISCO MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY PHYSID CONTROL TR11628 - Exhibit B TeI ..,.P- ",4� K . . i -free ?_ °0, j ..'.": wWW.p�nYssn- on EraLZ;;wn February 26, 2009 Tamarac Fire & Rescue ATTN: Chief Tom Sheridan 6000 Hiatus Rd Tamarac, FL 33321 To Chief Sheridan: In response to your recent request, I am writing to confirm that Physio-Control, division of Medtronic, Inc., is the only source from which to obtain the LIFEPAKO family of products, including upgrades, and services in your marketplace. Physio-Control does not utilize the services of any authorized dealers or distributors in the sale of our products in your marketplace. Best rVgards, ta`� Gorman Wong Customer Services Director Title - Update re: Hurricane Preparedness UPDATE RE: HURRICANE PREPAREDNESS: Update re: hurricane preparedness. - Division Chief Jeff Moral and Community Education Preparedness Specialist Van Schoen ATTACHMENTS: Name: Description: Type: No Attachments Available Title - Discussion re: Transportation Service - Trips to Coral Square Mall DISCUSSION RE: TRANSPORTATION SERVICE - TRIPS TO CORAL SQUARE MALL: Discussion re: transportation service - trips to Coral Square Mall. - Parks and Recreation Director Greg Warner and Community Services Manager Dania Maldonado ATTACHMENTS: Name: Description: Type: No Attachments Available