BOARD OF COMMISSIONERS of the PORT OF PALM BEACH DISTRICT
IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THIS OFFICE, ONE EAST 11TH STREET, SUITE 600, RIVIERA BEACH, FLORIDA 33404 - 6921 (561-842-4201).
Regular Board of Commissioners Meeting Agenda 4:00 PM Thursday, January 17, 2019 One East 11th Street – 6th Floor Riviera Beach, Florida 33404-6921
- THIS MEETING IS OPEN TO THE PUBLIC -
Chair Katherine M. Waldron Vice-Chair Wayne M. Richards Secretary/Treasurer Joseph D. Anderson Commissioner Blair J. Ciklin Commissioner Jean L. Enright Executive Director Manuel Almira Port Attorney Gregory C. Picken
I. REGULAR BOARD MEETING
CIVILITY AND DECORUM: The Port of Palm Beach is committed to civility and decorum by its officials, employees and members of the public who attend this meeting.
Officials shall be recognized by the Chair and shall not interrupt a speaker.
Public comment shall be addressed to the Board of Commissioners as a whole and not to any individual on the dais or in the audience.
Displays of anger, rudeness, lack of respect, obscene or vulgar conduct shall not be permitted. 1 The audience is expected to be respectful of others when they are addressing the Board of Commissioners.
.CIVILITY AND DECORUM: THE PORT OF PALM BEACH IS COMMITTED TO CIVILITY AND DECORUM BY ITS OFFICIALS, EMPLOYEES AND MEMBERS OF THE PUBLIC WHO ATTEND THIS MEETING.
- Officials shall be recognized by the Chair and shall not interrupt a speaker. - Public comment shall be addressed to the Board of Commissioners as a whole and not to any individual on the dais or in the audience. - Displays of anger, rudeness, lack of respect, obscene or vulgar conduct shall not be permitted. - The audience is expected to be respectful of others when they are addressing the Board of Commissioners.
A. CALL TO ORDER / ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. ADDITIONS, DELETIONS AND REORGANIZATIONS OF THE AGENDA
.APPROVAL OF AGENDA Agenda amended to add add a community grant request from Operation Hope to G-9 and to add Item I-2 to Old Business . WMR/JLE 5-0
D. APPROVAL OF THE MINUTES
D.1. Approval of the Minutes Suggested Action: Motion to approve the minutes of the December 18, 2018 regular Board of Commissioners Meeting.
E. PRESENTATIONS AND ANNOUNCEMENTS
E.1. Presentation of Memorial Resolution for Roland H. Collier Suggested Action: Motion to approve Resolution No. 2019-03 honoring Roland H. Collier for his dedicated service to the Port of Palm Beach District.
F. CONSENT AGENDA
F.1. Financial Statements for the months ended October 31 and November 30, 2018 (FY 2019)
Suggested Action: Motion to approve Financial Statements for the months ended October 31 and November 30, 2018 (FY 2019)
2 F.2. Financial Reports for the months of October and November 2018 (FY 2019). Suggested Action: Motion to approve the Cargo Reports and Customer Performance Summary for the months of October and November 2018 (FY 2019).
F.3. Cash and Investments for October and November 2018 (FY 2019). Suggested Action: Motion to approve the Cash Balances and Cash Flow Summaries, FDOT Seaport Grants, and American Express Monthly Statement – October and November 2018 (FY 2019).
F.4. Accountant’s Review Report for October and November 2018 (FY 2019). Suggested Action: Motion to approve the Accountant’s Review Report for October and November 2018 (FY 2019) issued by the firm of Divine, Blalock, Martin & Sellari, LLC to the Port of Palm Beach District.
F.5. Contract Report Suggested Action: None. Informational Item Only.
F.6. Contract Renewals Suggested Action: Motion to approve and authorize the Executive Director to execute one-year contract extensions for Dunbar and Nozzle Nolen.
F.7. Business Development Suggested Action: Motion to approve and/or ratify ticketed events for the Leadership Palm Beach County Holiday Breakfast, Annual Award Luncheon and VIP Reception with Dr. Oz, January and February 2019 trade events, revised 2019 AAPA events, and the Florida Ports Council events.
F.8. Public Relations & Marketing Suggested Action: For information only.
F.9. Community Grants Suggested Action: Motion to approve and ratify the donation of $100.00 and the purchase of three tickets to the MLK Breakfast hosted by the MLK Coordinating Committee in the amount of $135.00; and the donation of $150.00 to the Ivy Educational Foundation.
F.10. Item for Ratification Agreement for Dunbar armored car service Suggested Action: Motion to ratify the Dunbar agreement in the amount of $260.00 per month.
F.11. Commission Bonds Suggested Action: Motion to approve the purchase of 4-year public official bonds for Commissioner Blair J. Ciklin and Commissioner Joseph D. Anderson in the amount of $25,000.
G. DISTRICT REPORTS 3 G.1. Executive Director's Report Suggested Action: Informational Item Only
G.2. Engineering Report Suggested Action: The Board of Commissioners is respectfully requested to review the briefing materials.
G.3. Commissioner Reports Suggested Action: None. Informational Item Only.
G.4. Governmental Affairs Report Suggested Action: None. Informational Item Only.
H. OLD BUSINESS
H.1. 11th Street Fence Project - Award of Contract Suggested Action: Motion to approve the awarding of contract for the 11th Street Fencing project to Gomez and Son Fence Corp.
H.2. Berth 1 Bulkhead Replacement Project a) Authorization to Advertise a Request for Proposal for Construction b) Authorization to Advertise for Bids to Purchase the Berth 1 Sheet Pile
Suggested Action: Motion to allow staff to advertise the request for bids for the Berth 1 Bulkhead Replacement Construction Project and bids for the purchase of the sheet pile.
I. NEW BUSINESS
I.1. FDOT Grant Funding Consideration of PTGA (Previously SJPA) for the Multi-Ship Passenger Loading Bridge Project Adoption of Corresponding Resolution
Suggested Action: Motion to approve the PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) with FDOT, adopt the corresponding Resolution Number 2019-02 and direct the Executive Director to return six (6) executed agreements and two (2) executed resolutions to FDOT for processing.
I.2. FDOT Grant Funding Consideration of PTGA (Previously SJPA) for a Perimeter Security Detection System for the Port's Restricted Areas Adoption of Corresponding Resolution
Suggested Action: Motion to approve the PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) with FDOT, adopt the corresponding Resolution Number 2019-01 and direct the Executive Director to return six (6) executed agreements and two (2) 4 executed resolutions to FDOT for processing.
I.3. City of Riviera Beach Interlocal Agreement - Port Security Grant Program Suggested Action: Motion to approve the Interlocal Agreement between the City of Riviera Beach and the Port of Palm Beach.
I.4. Terminal Parking Lot Light Replacement - Davco Electrical Suggested Action: Motion to approve the purchase and installation of 10 LED parking lot light poles from Davco Electrical.
J. COMMENTS FROM THE PUBLIC
K. COMMENTS FROM THE BOARD OF COMMISSIONERS
L. SET NEXT MEETING DATE Regular Board of Commissioners Meeting – Thursday, February 21, 2019 – 4:00 p.m. An Executive Session was requested.
M. ADJOURNMENT
NOTE: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION MADE BY THE BOARD OF COMMISSIONERS WITH RESPECT TO ANY MATTER CONSIDERED AT ANY MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR SUCH PURPOSE, HE OR SHE NEEDS TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE ITEMS LISTED FOR THE CONSENT AGENDA ARE CONSIDERED ROUTINE AND WILL NOT BE DISCUSSED UNLESS A COMMISSIONER DESIRES TO DISCUSS AND, IN THAT CASE, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND DISCUSSED PRIOR TO THE REGULAR AGENDA ITEMS.
5 Agenda Item No: D.1
Board of Commissioners Agenda Item Report Meeting Date: Submitted by: Venice Howard Submitting Department: Clerk's Office Item Type: Minutes Agenda Section: APPROVAL OF THE MINUTES
Subject: Approval of the Minutes
Background: The minutes of the following public meeting is attached for your review:
December 18, 2018 Regular Board of Commissioners Meeting.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken BJC/WMR 5-0
Suggested Action: Motion to approve the minutes of the December 18, 2018 regular Board of Commissioners Meeting.
Attachments: 12-18-18 Regular Meeting Minutes.pdf
6 Port of Palm Beach 12/18/2018 Board Meeting
Page 1 BOARD OF COMMISSIONERS PORT OF PALM BEACH DISTRICT Regular Board Meeting
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Tuesday, December 18, 2018
Port of Palm Beach One East 11th Street Riviera Beach, Florida
3:59 p.m. - 5:20 p.m.
- - -
ATTENDING:
Jean L. Enright, Chair Peyton W. McArthur, Vice Chair Katherine M. Waldron, Secretary/Treasurer Blair J. Ciklin, Commissioner Wayne M. Richards, Commissioner Manuel Almira, Executive Director Paul Zielinski, Deputy Director/CFO José R. Soler, Port Engineer Carl Baker, Director of Planning Ken Hern, Sr. Director, Seaport Operations and Security Jarra Kaczwara, Sr. Director, Business Development Gregory Picken, Port Attorney Donald R. Bicknell, Jr., Port Attorney Venice Howard, District Clerk Aidy Alonzo, Communications Manager 7 Florida Court Reporting 561-689-0999
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Page 2 1 BE IT REMEMBERED that the following Regular 2 Board Meeting was had at Port of Palm Beach, One East 3 11th Street, Riviera Beach, Florida, on Tuesday, 4 December 18, 2018, beginning at 3:59 p.m., with 5 attendees as hereinabove noted, to wit: 6 - - - 7 CHAIR ENRIGHT: The meeting of the Port of 8 Palm Beach Commission will now start. Please, let's 9 all -- let's have the roll call, please. 10 MS. HOWARD: Chair Jean Enright. 11 CHAIR ENRIGHT: Present. 12 MS. HOWARD: Vice Chair Peyton McArthur. 13 VICE CHAIR McARTHUR: Present. 14 MS. HOWARD: Secretary/Treasurer Katherine 15 Waldron. 16 COMMISSIONER WALDRON: Present. 17 MS. HOWARD: Commissioner Wayne Richards. 18 COMMISSIONER RICHARDS: Present. 19 MS. HOWARD: Commissioner Blair Ciklin. 20 COMMISSIONER CIKLIN: Here. 21 MS. HOWARD: Executive Director Manuel 22 Almira. 23 EXECUTIVE DIRECTOR ALMIRA: I'm here. 24 MS. HOWARD: Port Counsel Gregory Picken. 25 MR. PICKEN: Here.
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Page 3 1 MS. HOWARD: We have a quorum. 2 CHAIR ENRIGHT: Thank you very much. 3 Please, let's all stand for the Pledge of 4 Allegiance. 5 (Pledge of Allegiance recited.) 6 CHAIR ENRIGHT: Please be seated. 7 Now we will recess for our attorney-client 8 executive session. In attendance there will be 9 Commissioner Ciklin, Commissioner McArthur, 10 Commissioner Richards, Commissioner Waldron, myself, 11 Executive Director Almira, our Port Attorney Greg 12 Picken, Port Attorney Mr. Bicknell and our court 13 reporter, Susan Kruger. Please now we're going to 14 dismiss for our session. Thank you very much. 15 (Whereupon, there was a recess in the 16 proceedings.) 17 CHAIR ENRIGHT: We're going to start, 18 Commissioners, we're going to continue our meeting. 19 Are there any additions, deletions, 20 reorganizations of the agenda? 21 EXECUTIVE DIRECTOR ALMIRA: Yes, Madam Chair. 22 We'd like to reorder the agenda and take J.1, Peanut 23 Island Update, prior to the District Reports. We have 24 invited guests, and they would like to participate, and 25 therefore, we're going to have them --
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Page 4 1 CHAIR ENRIGHT: Okay, great, yes. And then 2 I'd like to also, before that, have a presentation for 3 our Port Commissioner, Mr. McArthur. This is Peyton 4 Wade McArthur's last day here with us. And 5 Commissioners, let's go on down and have a picture with 6 Mr. McArthur since this is his last meeting. And we 7 have a little token for him. 8 VICE CHAIR McARTHUR: I'd just like to note 9 that Karen was a County Commissioner for many, many, 10 many years, and she didn't get nearly all this nonsense 11 that we do at the Port of Palm Beach. But Karen, you 12 should have gone where they appreciate you. 13 MS. MARCUS: There you go. 14 EXECUTIVE DIRECTOR ALMIRA: So picture time. 15 CHAIR ENRIGHT: Let's go down and just take a 16 picture. This is his last official meeting. 17 VICE CHAIR McARTHUR: Karen, I don't know 18 whether they appreciate me or they're just glad to get 19 rid of me. 20 CHAIR ENRIGHT: We have a plaque. 21 MS. ALONZO: Can we unwrap it? It's just 22 causing a lot of glare. 23 CHAIR ENRIGHT: This plaque is presented to 24 Peyton -- the W is for Wade, I didn't know that -- 25 Peyton Wade McArthur in recognition of your dedicated
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Page 5 1 service and leadership as a Port Commissioner from 2 January 2015 to January 2019. Port of Palm Beach 3 District. 4 VICE CHAIR McARTHUR: Thank you very much. 5 There was a time when I hoped to come back to see Blair 6 get his plaque, but I don't think I'll live that long. 7 (Discussion held off the record.) 8 EXECUTIVE DIRECTOR ALMIRA: Madam Chair. 9 CHAIR ENRIGHT: Yes. 10 EXECUTIVE DIRECTOR ALMIRA: We would like to 11 also have a presentation by Aaron Hoffman. It's 12 regarding the Seafarers' House, and he's promised to do 13 it in less than three minutes. 14 CHAIR ENRIGHT: Since we're doing them, you 15 want to proceed? He's here? 16 EXECUTIVE DIRECTOR ALMIRA: He's here. 17 CHAIR ENRIGHT: Okay, come on. 18 EXECUTIVE DIRECTOR ALMIRA: Aaron. 19 CHAIR ENRIGHT: Three minutes. 20 EXECUTIVE DIRECTOR ALMIRA: Three minutes. 21 MR. HOFFMAN: I'm not going to ask for any 22 money either. 23 EXECUTIVE DIRECTOR ALMIRA: That's two 24 minutes. 25 COMMISSIONER RICHARDS: Did we approve the
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Page 6 1 minutes? 2 MS. HOWARD: We actually need to make a 3 motion to approve the agenda as amended. 4 COMMISSIONER RICHARDS: Madam Chair, I move 5 that we reorder the agenda to have presentations -- 6 well, the McArthur presentation and J.1 and the 7 Seafarers presentation prior to the approval of the -- 8 COMMISSIONER CIKLIN: Second. 9 CHAIR ENRIGHT: All in favor, please say aye. 10 (A chorus of ayes.) 11 CHAIR ENRIGHT: Motion carries, five/zero. 12 Let's continue. Seafarers. 13 MR. HOFFMAN: Thank you, Commissioners, Aidy 14 and senior staff. I appreciate the moment here just to 15 update you about the progress of our Seafarer Center. 16 Since its opening in spring 2016, a lot of 17 changes have occurred, and the traffic of the mariners 18 there has increased significantly since we're now 19 providing transportation services to them. 20 Here's a glimpse of what the center looks 21 like today. And as you can see, we've acquired quite a 22 bit of items for it, furniture, coffee mess. The 23 mariners have the ability to engage in ping-pong, 24 foosball and bumper pool tables. We've also got two 25 flat screen TVs, and they get wi-fi there.
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Page 7 1 And any item that we have on display there, 2 such as tee shirts, toiletries, whatever, magazines, 3 reading material, they're free to take them. That's at 4 no cost to them. And we also have a sign-in sheet for 5 them that they can sign in so we can keep up on numbers 6 for them and we can also be able to see what they're 7 taking, they tell me what services they're using and 8 what items they're taking. 9 So I also -- we still visit the ships as 10 well, our organization. We have three chaplains, 11 including myself, that go on board the ships, and that 12 purpose is to tend to their needs, but it's also to 13 tell them about the Seafarer Center and let them know 14 that it's here and it's there for them. 15 Transportation services for them is free to 16 them. We pay for their transportation service round 17 trip to and from their ship and to the center. 18 And of course, we also continue with our 19 Christmas tradition; we deliver the gift packages to 20 them. So even if they're underway, they can have 21 Christmas at sea. And here you can see the many gifts, 22 which contain various items, such as wooly hats, 23 toiletries, socks, et cetera. That's got some nice 24 things. And these are provided by the surrounding 25 community, such as Bethesda by the Sea is one of our
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Page 8 1 biggest donors. We try to cover and make sure that all 2 the mariners receive gifts during this season. 3 And these activities, well, they're great for 4 the public relations of the Port community. As this 5 Palm Beach Post article last year indicated, it was a 6 good event for us. And it's a great start for the Port 7 to have the Seafarer Center attend to the needs of our 8 mariners. 9 So I just wanted to give you an update of 10 where we are. We have progressed quite significantly 11 since its dedication, and I thank you for your support 12 and for the Port's support in providing the center area 13 for us to operate. Thank you, and Merry Christmas. 14 CHAIR ENRIGHT: Thank you. 15 EXECUTIVE DIRECTOR ALMIRA: Thank you. 16 CHAIR ENRIGHT: Thank you. 17 Let's continue. Now we have J.1. 18 MS. HOWARD: Approval of the minutes. 19 CHAIR ENRIGHT: You want to go back? 20 COMMISSIONER WALDRON: I make a motion. 21 MS. HOWARD: Approval of the minutes, yes. 22 CHAIR ENRIGHT: Okay. 23 MS. HOWARD: Thank you. 24 COMMISSIONER CIKLIN: So moved. 25 CHAIR ENRIGHT: So moved. He already moved.
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Page 9 1 He already seconded. 2 MS. HOWARD: I'm sorry, who made the motion? 3 CHAIR ENRIGHT: He made it and seconded it 4 before. All in favor, say aye. 5 (A chorus of ayes.) 6 MS. HOWARD: Who seconded the motion? 7 CHAIR ENRIGHT: Blair Ciklin. 8 MS. HOWARD: And who made the motion? 9 COMMISSIONER WALDRON: I made it. I'll make 10 it. 11 MS. HOWARD: Okay, thank you. 12 MR. HERN: We're ready? 13 CHAIR ENRIGHT: Right. 14 MR. HERN: All right, good afternoon, 15 Commissioners. 16 As you are aware, Port staff and legal 17 counsel have been working with our counterparts in Palm 18 Beach County, to include the Peanut Island Committee 19 chaired by Karen Marcus, to complete the Memorandum of 20 Interlocal Agreement for our properties on Peanut 21 Island. Legal counsel for both parties have reviewed 22 the documentation for legal sufficiency. 23 The intent of the MOIA is to cover the cost 24 of cutting the grass and general monitoring for 25 vandalism, with an annual expense of $5,500, while both
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Page 10 1 parties discuss the possibility of entering into a 2 long-term lease agreement. This MOIA also includes a 3 30 day out upon written notification should either 4 party decide, for any reason, to do so. 5 Port staff respectfully requests the approval 6 of this Memorandum of Interlocal Agreement. 7 COMMISSIONER CIKLIN: So moved. 8 COMMISSIONER RICHARDS: Second. 9 CHAIR ENRIGHT: All in favor, please say aye. 10 COMMISSIONER CIKLIN: For discussion. 11 CHAIR ENRIGHT: You want to discuss? 12 COMMISSIONER CIKLIN: Yes, I just didn't know 13 if anybody from Karen's group of -- nothing? 14 MS. MARCUS: I'm good. 15 CHAIR ENRIGHT: She said she was good. Other 16 discussion? 17 COMMISSIONER RICHARDS: Just call the 18 question. 19 CHAIR ENRIGHT: All in favor, please say aye. 20 Hold on. Discussion, Mr. Picken? Everything is okay? 21 VICE CHAIR McARTHUR: And just one thing. 22 You were dealing with Ramsay. He's now officially been 23 promoted to Director of PB&Z. 24 MR. HERN: That's true, Commissioner. I mean 25 at the last meeting we kind of pulled the agenda item
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Page 11 1 kind of in the fourth quarter to address some 2 potentials with code violations over there. On 3 December 10th we did meet with our counterparts and 4 County Code Enforcement, with Mr. Bulkeley -- 5 EXECUTIVE DIRECTOR ALMIRA: Bulkeley. 6 MR. HERN: -- Bulkeley, who's here present. 7 Mr. Bulkeley was advised and concurred that 8 the Port's review of the violations reflects the 9 changes to the structures that were completed by the 10 previous tenant and not completed by the Port. 11 While we do understand and acknowledge that 12 we are responsible for it, the County is working with 13 us as we move forward to correct these issues, which we 14 have already started by getting life safety issues 15 completed with Simplex Grinnell for fire safety, as 16 well as Davco Electric to try to do that. 17 And in addition, we have actually secured 18 $207,000 from FEMA for insurance claims that we'll be 19 utilizing to address those concerns as well. 20 CHAIR ENRIGHT: Sounds good. Any other 21 discussion? 22 VICE CHAIR McARTHUR: Just one thing. 23 And Ramsay, I just wanted to thank you for 24 working with us, and congratulations. 25 CHAIR ENRIGHT: Any other comments? Thank
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Page 12 1 you very much. You want to call the question? Call 2 the question. Motion. 3 COMMISSIONER RICHARDS: He made a motion. 4 COMMISSIONER WALDRON: We already made the 5 motions. 6 COMMISSIONER CIKLIN: You've got to vote. 7 CHAIR ENRIGHT: All in favor, please say aye. 8 (A chorus of ayes.) 9 CHAIR ENRIGHT: Motion carries, five/zero. 10 Let's continue. We have the consent agenda. 11 Anyone want to -- anything to pull on the consent 12 agenda? 13 I have one question, Mr. Almira, just in 14 H.11. Could you tell me just about the bidding, the 15 final design, the cost? You said $377,202.20 for H.11. 16 MS. HOWARD: I'm sorry, we can pull that item 17 and vote on it separately. 18 CHAIR ENRIGHT: If we can pull it, that's the 19 only one. 20 MS. HOWARD: Yes, for discussion. 21 CHAIR ENRIGHT: Any other items want to be 22 pulled? They said no. 23 COMMISSIONER RICHARDS: Move approval of 24 consent, except for H.11. 25 COMMISSIONER CIKLIN: Second.
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Page 13 1 CHAIR ENRIGHT: All in favor, please say aye. 2 (A chorus of ayes.) 3 CHAIR ENRIGHT: Now to H.11. Could you 4 discuss and tell us about the finances, the $377,000? 5 MR. SOLER: Yes. 6 CHAIR ENRIGHT: Is that within the range? 7 And tell us the breakdown. 8 MR. SOLER: Yes, it is. In the last Board 9 meeting, the Board heard three presentations from three 10 firms. The Board ranked them in a particular order -- 11 CHAIR ENRIGHT: Right. 12 MR. SOLER: -- and approved the Executive 13 Director to engage in negotiations with the first 14 ranked company. 15 CHAIR ENRIGHT: Right. 16 MR. SOLER: The Executive Director did that 17 with Kimley-Horn, which was ranked number one. And 18 part of the negotiation was to select the items that 19 are going to be done, for example, the scope of the 20 work and all different activities through design. 21 And the work order that is for the $377,000 22 is work order number two, which includes the design, 23 the final design and preparation for the bidding 24 documents for us to be able to go out for bid and the 25 bidding services through the process in which
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Page 14 1 contractor will be providing proposals to the Port. 2 CHAIR ENRIGHT: Okay, now, and the $47,563? 3 MR. SOLER: The 47,000 was work order, 4 initial work order that was approved in the last Board 5 meeting, and that's -- 6 CHAIR ENRIGHT: And it is also combined in 7 the 377? 8 MR. SOLER: If you combine it, it will be 9 $424,000 for the initial work order, which allows them 10 to engage in surveying and to start the initial design 11 of the project, and 377 for the work order for the 12 final completion of the design. 13 CHAIR ENRIGHT: Is their price -- do we have 14 any moneys left over, or have they used all the funds 15 available for the project? I guess are they in range? 16 Are they in the right range as far as -- 17 MR. SOLER: Yes, the percentage is in the 18 range of what we expected in terms of the services that 19 they're going to be providing. And yes, we have a 20 budget. This project is budgeted for $6 million right 21 now for JPAs, and we're just starting the process right 22 now. 23 CHAIR ENRIGHT: Okay, so the range is okay. 24 MR. SOLER: Yes, the range is -- 25 CHAIR ENRIGHT: Okay, that's all I wanted to
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Page 15 1 know. Thank you very much. 2 COMMISSIONER RICHARDS: Move approval of 3 J.11. 4 COMMISSIONER WALDRON: Second. 5 CHAIR ENRIGHT: All in favor -- 6 COMMISSIONER RICHARDS: I'm sorry. 7 CHAIR ENRIGHT: -- please say aye. 8 COMMISSIONER RICHARDS: Was that H.11? 9 CHAIR ENRIGHT: H.11. 10 COMMISSIONER RICHARDS: Approve H.11. 11 CHAIR ENRIGHT: All in favor, please say aye. 12 (A chorus of ayes.) 13 CHAIR ENRIGHT: Motion carries. 14 Mr. Almira, Executive Director's Report. 15 EXECUTIVE DIRECTOR ALMIRA: Thank you. 16 Commissioners, as I mentioned, around the 17 Port, I'd like to bring you some updated information on 18 the Teeters Mullins property improvement. Over this 19 past summer we have had some challenges, to say the 20 least. We've had a Commissioner visit the terminal and 21 abruptly was asked why he was there. We had to send 22 our security folks, to not rescue necessarily, but 23 explain why he was there. 24 Essentially what has happened in that Mullins 25 property, this is where Teeters' clients come in and
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Page 16 1 the deliver their automobiles. What has been 2 particularly challenging this past year is that they 3 are up 26 percent from last year. That simply means 4 that from 8,601, they went up to 11,641. 5 And just for kicks, I did a little bit of 6 math, and that equates to about six cars per hour. But 7 that would be if it's linear. Unfortunately, when they 8 deliver cars, it could be 20 at a time, it could be 9 five at a time. So therefore, in speaking and working 10 with Teeters, they are receptive and they will be 11 proceeding with the following. 12 The area that you see now blacked out, that 13 would be the area that they're going to use to bring in 14 the automobiles. There are two entrances. There will 15 be an entrance on the east side, and there's an 16 entrance on the west side. What they're going to do is 17 first they're going to -- if you notice, the office 18 trailer was -- will be disappearing, that they'll take 19 care of that. Then they will have restrooms available 20 and a waiting area. 21 So if you follow the first arrow from left to 22 right, that's the entrance to the terminal where they 23 would have one, two, three, four lanes so that cars can 24 be dropped off. And as they are dropped off, then they 25 will go to the storage area as well as the waiting area
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Page 17 1 to process the paperwork. 2 Once that is completed, then the cars will be 3 then moved back west to a resting point so that at some 4 future point during that week, those cars will then be 5 relocated down to the Port's berth area. 6 This will be, in our opinion, this will be a 7 very, very easy task to obtain, and it should be 8 extremely efficient, certainly much more than it is 9 today. We have a commitment from the Teeters owners 10 that this will, in fact, take place. 11 And (b), we have gone ahead and requested a 12 testing where you see "office trailer" to see if 13 there's any asbestos. That may be, because given the 14 age of the building. That result, we will probably be 15 getting it or be receiving it within the next two to 16 three weeks. They are planning on, on their own 17 nickel, to do what you see up there. They have not 18 asked us to participate, other than that asbestos test. 19 Any questions? 20 COMMISSIONER RICHARDS: That looks like a 21 nice improvement, Mr. Almira. Please thank them, and 22 please ask them to kindly have signs in both 23 languages -- 24 EXECUTIVE DIRECTOR ALMIRA: Yes. 25 COMMISSIONER RICHARDS: -- so there are
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Page 18 1 Haitian -- 2 EXECUTIVE DIRECTOR ALMIRA: Yes. 3 COMMISSIONER RICHARDS: Americans can read 4 Creole and/or English. 5 EXECUTIVE DIRECTOR ALMIRA: Yes. 6 COMMISSIONER RICHARDS: That is they're going 7 to Haiti, so it should be in Creole as well. 8 EXECUTIVE DIRECTOR ALMIRA: Sure. 9 COMMISSIONER RICHARDS: Is that waiting area 10 covered? Is that -- 11 EXECUTIVE DIRECTOR ALMIRA: It will be. 12 COMMISSIONER RICHARDS: -- exposed? 13 EXECUTIVE DIRECTOR ALMIRA: No, no, it will 14 be. They will have a nice waiting area. In fact, they 15 were talking about possibly having a larger sized 16 trailer in that facility so folks can come in, do their 17 processing work and then come back out. Bathroom 18 facility, something they have not had. Well, they have 19 had it, but it's been portables. But now -- 20 COMMISSIONER RICHARDS: Good. 21 EXECUTIVE DIRECTOR ALMIRA: Now, back to your 22 point, Commissioner. Don't forget, they have hired an 23 individual that speaks Creole, and she -- it's a she, I 24 believe -- she stays on the outside in a little, for 25 lack of a better word --
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Page 19 1 COMMISSIONER RICHARDS: She stays right in 2 that little box that's there. 3 EXECUTIVE DIRECTOR ALMIRA: Guardhouse. That 4 is correct. 5 COMMISSIONER RICHARDS: On the left of the -- 6 COMMISSIONER WALDRON: That's a tiny office. 7 COMMISSIONER RICHARDS: Yes. But right now 8 the signage will help. This way they feel welcome, 9 they know where the bathroom is, they know where to go. 10 CHAIR ENRIGHT: Right. 11 EXECUTIVE DIRECTOR ALMIRA: Yes. 12 CHAIR ENRIGHT: That's a large operation. 13 That's a lot of cars. 14 COMMISSIONER RICHARDS: That's a lot of 15 money. 16 CHAIR ENRIGHT: That's a lot. I mean, you 17 know, if you think about it, I mean that's a lot. 18 EXECUTIVE DIRECTOR ALMIRA: 11,600 19 automobiles went through that terminal this past year. 20 VICE CHAIR McARTHUR: Manuel. 21 EXECUTIVE DIRECTOR ALMIRA: Yes, sir. 22 VICE CHAIR McARTHUR: The area of the green 23 that says storage, is that storage for cars, vehicles? 24 EXECUTIVE DIRECTOR ALMIRA: No. 25 VICE CHAIR McARTHUR: What is that?
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Page 20 1 EXECUTIVE DIRECTOR ALMIRA: That will be 2 storage for them. For example, they'll have pallets, 3 they'll have tires, they'll have other types of 4 products, and they can themselves just place it 5 temporarily. 6 VICE CHAIR McARTHUR: Thank you. 7 EXECUTIVE DIRECTOR ALMIRA: This is bound to 8 change. I'm sure that once they -- they'll tweak it 9 and be much more efficient. But at least a good point 10 is they're moving in the right direction. 11 COMMISSIONER RICHARDS: Absolutely. 12 EXECUTIVE DIRECTOR ALMIRA: And I thank 13 Commissioner Richards, as well as incoming Commissioner 14 Anderson have had numerous complaints, and we have gone 15 ahead and met it head to head, and I think this will be 16 a tremendous improvement. 17 CHAIR ENRIGHT: It is. And a great response. 18 I mean they're making a lot of money. But thank you 19 very much. 20 EXECUTIVE DIRECTOR ALMIRA: You're welcome. 21 Let me just go with a couple of things. 22 Berth 17. In the early morning of November 23 the 26th, the Port of Palm Beach celebrated the first 24 use of Berth 17 by the Duke of Topsail in a ribbon 25 cutting ceremony. Attendees during the ceremony were
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Page 21 1 Chairwoman Doctor Jean Enright, Glen and Tina Dias of 2 Gulfstream Line/Heavy Lift Services, and of course 3 myself. Gulfstream's cargo vessel, the Duke of 4 Topsail, had just arrived at the Port from the Bahamas 5 and was the very first vessel to utilize the brand new 6 mini slip. 7 The Berth 17 project, as you probably know, 8 replaces the existing 60 year old sheet pile, 9 improvements to the adjacent upland drainage system, 10 utilities and -- well, we all know in larger details 11 what has happened in Berth 17. 12 It's sufficient to say now that we are using 13 it, it is part of our plan, and it has already paid off 14 by allowing us to have an additional berth so that 15 smaller ships can be docked there, while bigger ships 16 can use Slip 3, 2 or 1. 17 CHAIR ENRIGHT: Mr. Almira, I know they're 18 working on the electrical problem, but down where you 19 see the line, have they increased the lights and the 20 signs and things that we talked about? Remember, 21 because we were so concerned -- 22 EXECUTIVE DIRECTOR ALMIRA: Yes. 23 CHAIR ENRIGHT: -- that another vessel might 24 hit. 25 EXECUTIVE DIRECTOR ALMIRA: Right now,
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Page 22 1 Commissioner, what we still have there are temporary 2 lights. In fact, I went out to see them today. The 3 electrician has not, as far as I'm concerned, as far as 4 I know, as of today the electrician has not completed 5 the lights out on the dolphins. 6 And José, please. 7 MR. SOLER: The lights have been installed, 8 and also the conduits are installed. 9 EXECUTIVE DIRECTOR ALMIRA: Oh. 10 MR. SOLER: They're working on the wiring and 11 the final connection. But we're still working on the 12 temporary ones. 13 EXECUTIVE DIRECTOR ALMIRA: We're still 14 working with. 15 CHAIR ENRIGHT: Right, because we were 16 thinking that they were so small, we were concerned 17 that they were so small, would you see them at night, 18 you know, just like a little blip, so -- 19 EXECUTIVE DIRECTOR ALMIRA: Yes, it's 20 intermittent, it's on and off. They flash. So that 21 has helped. 22 And well, I don't know how good news this is, 23 but manatees made their way into 17 today. They found 24 the water to be very, very warm, and that's -- they're 25 welcome friends. Let's call it that way.
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Page 23 1 All right, if I can then go on just one more 2 point here, this is the Jake Award. They should 3 have -- we have still not received the one for 2018, 4 but for the second year in a row, the Port of Palm 5 Beach has received the Jake Award. The Jake Award 6 basically illustrates safety as it relates to our rail 7 system. 8 So congratulations to our group that have 9 been able to do an outstanding work out there without 10 any major or any minor incident, for that matter. 11 How about the MLK, do we have anything on 12 that? 13 MR. BAKER: No. 14 EXECUTIVE DIRECTOR ALMIRA: Okay. Well, let 15 me then just read it. 16 Commissioners, as you know, the Martin Luther 17 King parade will be held on Saturday, January the 19th 18 at 10 a.m. in Riviera Beach. Our current Chair, Jean 19 Enright, rode in last year's parade. This year we plan 20 to enter the lineup using a company truck bearing our 21 Port logo, with bed liner providing seating for any 22 Commissioners who would like to participate. We will 23 share further details as soon as they are available. 24 And before I mention the last events that are 25 coming up, I would like to let you know that Tropic,
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Page 24 1 the Tropic Hope, this is one of four of their largest 2 vessels for Tropical Shipping. It has a capacity of 3 1,100 TEUs. And they are bringing in 500 new 4 refrigerated containers. Will arrive to our Port on 5 Thursday morning. 6 Just as a word of entertainment here, the 7 Tropic Gem will be leaving China this week, so that 8 will be in another 35 to 40 days before it arrives here 9 at the Port. 10 All right, under events, there are some that 11 are right about now. I cannot not mention the first 12 one, the Florida Chamber of Commerce Economic Outlook; 13 that will be at the FSU campus January the -- 14 VICE CHAIR McARTHUR: Nobody should go to 15 that; nobody should go to that. 16 EXECUTIVE DIRECTOR ALMIRA: There are a 17 couple of AAPA. For example, the Planning and Shifting 18 Trade in Tampa, that's usually held in Tampa during the 19 same period of time. And then, of course, the AAPA 20 Port Administration and Legal Issues Seminar in Fort 21 Lauderdale, nearby. 22 Some more. This one is interesting, and 23 that's the Cruise Seminar in February, the 20th and 24 21st. That will also be held nearby, in Miami. And 25 last, but not least, of course, the Facilities
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Page 25 1 Engineering Seminar, which will be up in Jacksonville 2 during April the 24th and 26th. 3 CHAIR ENRIGHT: A lot of them are in Florida, 4 close. 5 EXECUTIVE DIRECTOR ALMIRA: They are close, 6 yes. 7 CHAIR ENRIGHT: All of them except for -- 8 EXECUTIVE DIRECTOR ALMIRA: Absolutely. So 9 if there's any questions? If not -- 10 CHAIR ENRIGHT: No. Thank you very much. 11 EXECUTIVE DIRECTOR ALMIRA: Thank you. 12 CHAIR ENRIGHT: Engineering Report please. 13 MR. SOLER: Commissioners, I will provide the 14 engineering report. 15 As Manuel Almira mentioned, we have our first 16 sail to the Berth 17. It was scheduled for a prior 17 day, but ended up being on November 26, Duke of 18 Topsail. The berth has been already started. We have 19 received almost 13 vessels up to today, but we still 20 have some items to be completed in order to call 21 substantial completion of the project. 22 The contractor is working on the electrical 23 items related to the navigation lights out in the 24 dolphin structures. They already started the power 25 panel, as well as the conduits going out to each one of
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Page 26 1 the dolphin structures. We also have the berth lights 2 already installed, but the wiring is still in process, 3 so the actual work -- the OSHA lights are not working 4 yet. 5 You can see in the water, bottom right side 6 of the photo, there's temporary navigation lights. 7 Those are the ones that are regulated by the Coast 8 Guard. So we are complying with Coast Guard 9 requirements of having lights during the night, but 10 still we're working on temporary ones. 11 On the shore power, we're still missing one 12 panel for the 230 amps outlets for connection of the 13 vessels that are using the berth, and the shore power 14 station has not been finalized in terms of wiring and 15 power. So those are some of the items that need to be 16 completed in order for us to grant the contractor 17 substantial completion of the project. 18 In terms of the contract, the contractor was 19 approved -- the last payment that was approved was 20 January 2018. That's because that's the latest that 21 they have submitted. We're still waiting on the 22 February '18 to be submitted to the Port for approval. 23 So all the pay applications from February 2018 through 24 today have not been submitted. 25 As of now, the contractor has requested for
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Page 27 1 AECOM, the engineer of record, to grant partial 2 substantial completion based on the fact that the Port 3 has already started to use the berth, but it has not 4 been granted, basically because the major items that 5 are needed in order for us to safely use the berth have 6 not been completed. 7 Most of those are lighting. We don't have 8 any lighting working at night, so if any cargo needs to 9 be handled in the night, there's no way for them to do 10 it safely. We cannot connect any temporary power to 11 the vessels because the shore power is not completed. 12 And also, they still have to do the pavement markings 13 on the upland side of the Port. 14 We have not received any updates in schedule 15 on when these items are going to be completed, so 16 there's no information from the contractor that I can 17 provide in order for us to know exactly when the 18 project will be finally completed. 19 The good news, we're able to use it, not to 20 the final capacity, but at least we can dock a vessel 21 and unload it. Do you have any questions related to 22 Berth 17? 23 CHAIR ENRIGHT: Commissioner. 24 VICE CHAIR McARTHUR: Yes. José, on the 25 dolphins, when we had all those problems earlier, are
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Page 28 1 we continuing to examine them to make sure that they're 2 holding up the way we would like them to? 3 MR. SOLER: Yes. One of the items that was 4 mentioned by AECOM, the engineer of record, in terms of 5 the repairs that was done is only one in the east 6 dolphin structure, the one further out, there are two 7 locations in which you can see an exposed rebar that 8 needs to be covered. They did the repair, but the last 9 video that was done to the structure, it shows that you 10 can still see some section of the rebar. So we're 11 expecting them to repair it before we actually provide 12 substantial completion, which includes the dolphin 13 structures. 14 VICE CHAIR McARTHUR: And the last thing, 15 before you give substantial completion, you might want 16 to take one last look at those just to make sure. 17 MR. SOLER: Yes. 18 VICE CHAIR McARTHUR: Thank you, sir. 19 MR. SOLER: Moving forward to the MOB, as you 20 might as well know, the building is completely down. 21 This is a photo that was taken last Monday. Then on 22 Friday, all the non-structural items from the outside 23 of the building were already gone. Yesterday 24 80 percent of the building was already demolished. And 25 this is yesterday again. Those are -- only the
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Page 29 1 elevator core is still standing up. And today 2 everything is just gravel. 3 So demolition has been done according to the 4 schedule. We expect all the demolition items to be 5 performed and be completed by the first week of 6 January. That's based on the schedule provided by the 7 contractor, and so far they have stuck to the schedule, 8 so we don't see any major issues related to the 9 completion of the project, which is September 2019. As 10 of now, we just -- we only have done the major item, 11 which was the demolition, but so far, everything looks 12 like it's going to be accomplished as planned. 13 Do you have any questions related to the MOB? 14 CHAIR ENRIGHT: Any questions? Any 15 questions? 16 Thank you very much; thank you. 17 Now we'll go on to our government affairs, 18 Mr. Pinsky. I guess there's nothing he can say. He 19 gave us an in depth report. It was very long; it was 20 very long. And any questions for Mr. Pinsky anyone? 21 Okay. 22 Commissioner's report. Commissioner Waldron, 23 anything? 24 COMMISSIONER WALDRON: Nothing. 25 CHAIR ENRIGHT: Nothing. Commissioner
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Page 30 1 McArthur, about Riviera Beach? 2 VICE CHAIR McARTHUR: No, ma'am. 3 CHAIR ENRIGHT: Any other comments? Let's 4 continue with discussion of the memorial resolution 5 request. 6 And I'm going to pass the gavel to my Vice 7 Chair, and come on, let's just switch seats. 8 EXECUTIVE DIRECTOR ALMIRA: Venice, you're 9 up. 10 MS. HOWARD: Hello, Commissioners. 11 At the November 15th meeting, the Board of 12 Commissioners directed staff to create a policy on how 13 memorial resolution requests were being handled. So a 14 policy has been created, and it's been provided to you. 15 So you're being asked to review the resolution created, 16 the policy created and approve it as is or make any 17 changes that you'd like. And if changes are made, it 18 will be brought back at the January meeting. 19 VICE CHAIR McARTHUR: Are there any 20 questions? 21 CHAIR ENRIGHT: No. 22 VICE CHAIR McARTHUR: Do we need a motion to 23 adopt this policy, or is it -- 24 MS. HOWARD: Yes, if you'd like to adopt it 25 as is, you will need a motion.
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Page 31 1 COMMISSIONER CIKLIN: I have a question. I 2 know we talked about resolutions versus proclamations. 3 Is there still a difference, or are they all wrapped 4 into the resolutions now? 5 MR. PICKEN: It's a resolution. 6 COMMISSIONER CIKLIN: Okay. So that's -- 7 MR. PICKEN: Yes. 8 COMMISSIONER CIKLIN: It encompasses 9 everything? 10 MR. PICKEN: Right. 11 COMMISSIONER CIKLIN: Good. 12 VICE CHAIR McARTHUR: Any other questions? 13 CHAIR ENRIGHT: No, sir. 14 VICE CHAIR McARTHUR: May we have a motion? 15 COMMISSIONER RICHARDS: I move approval. 16 CHAIR ENRIGHT: Second. 17 VICE CHAIR McARTHUR: We have a motion and a 18 second. All those in favor? 19 (A chorus of ayes.) 20 VICE CHAIR McARTHUR: All opposed? Passes 21 unanimously. 22 MS. HOWARD: Thank you. 23 MR. BAKER: Commissioners, good afternoon. 24 Carl Baker, Director of Planning. 25 As part of the FSTED FDOT grant process, we
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Page 32 1 have received a SJPA for $6 million for the 2 construction portion of Berth 1. This is, of course, 3 like all the JPAs, it's a 50/50 match of 3 million/ 4 3 million. And what we are asking for is a motion to 5 approve this SJPA with the FDOT and for you to adopt 6 the corresponding resolution which Venice has passed 7 around earlier. Do we have any questions? 8 VICE CHAIR McARTHUR: Any questions from the 9 Board? 10 COMMISSIONER CIKLIN: I do. 11 MR. BAKER: Sir. 12 COMMISSIONER CIKLIN: How much is the total 13 project supposedly going to run us? 14 MR. BAKER: The amount of money that we have 15 to build this, total, is $6,768,000. The $768,000 was 16 received earlier. That was for design, planning, 17 permitting, which took a long time, and then -- and of 18 course, we've only spent approximately half -- 19 EXECUTIVE DIRECTOR ALMIRA: Not even. 20 MR. BAKER: -- of the 768. And now we have 21 this additional JPA for 6 million, which is the actual 22 construction, to dig the dirt and pour the concrete. 23 And we're only -- we do not expect in any way to spend 24 anything close to $6 million. 25 COMMISSIONER CIKLIN: And when will
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Page 33 1 construction possibly start on this? 2 MR. BAKER: April, May. 3 MR. SOLER: It has to start on May 1st based 4 on the agreement that we have with Berth One, the 5 tenant that is actually using the berth right now. 6 EXECUTIVE DIRECTOR ALMIRA: We have a very 7 tight window. 8 COMMISSIONER CIKLIN: Right. 9 EXECUTIVE DIRECTOR ALMIRA: So our next 10 challenge is going to be permitting. 11 MR. BAKER: We have eight months to build the 12 project. 13 COMMISSIONER CIKLIN: And when will we have 14 all the permits -- 15 MR. BAKER: We have all the permits. 16 COMMISSIONER CIKLIN: Okay. 17 EXECUTIVE DIRECTOR ALMIRA: Not construction. 18 MR. BAKER: I'm sorry, not the construction. 19 Excuse me. The environmental permits, that's all been 20 taken care of. We're still waiting for the 21 construction permits. 22 COMMISSIONER CIKLIN: And that's -- 23 EXECUTIVE DIRECTOR ALMIRA: Riviera Beach. 24 COMMISSIONER CIKLIN: But we've already 25 submitted them?
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Page 34 1 EXECUTIVE DIRECTOR ALMIRA: No, not yet; not 2 yet. But they are aware that this is coming, and they 3 are -- as always, they say, yes, well, submit it, and 4 we'll review it. 5 COMMISSIONER CIKLIN: And when do we expect 6 to submit them? 7 EXECUTIVE DIRECTOR ALMIRA: Once we have -- 8 MR. SOLER: The building permit or the 9 construction permit is requested by the contractor. So 10 we have to go through the -- to the bidding process 11 first to select the contractor that is actually going 12 to be doing the work. We expect that to happen in 13 April. So by May, we should be starting construction. 14 One thing that we're doing different in this 15 project is we already had meetings with the City of 16 Riviera Beach. They know about the project. We'll 17 have a few meetings prior to go to bid. So by the time 18 they receive the documents to request for the permit, 19 they already have gone through them, probably made some 20 comments about it, and we will not have to wait more 21 than we are expected to. 22 COMMISSIONER CIKLIN: And the last question, 23 probably the most important one is the contractor. How 24 are we going to select someone this time? That's a 25 little different from the last couple of contractors.
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Page 35 1 I don't know if Casey can give us some ideas, but I 2 think that, for most of us, is very important. 3 MR. LONG: Good afternoon. Casey Long with 4 Kimley-Horn. 5 There are various alternatives, and we can 6 discuss them with Port staff. You know, some ports do 7 a two envelope system where you ask for qualifications, 8 you pick the contractors first, and then you open the 9 bids and the scoring. 10 We can reach out in advance and make sure 11 that we're letting a lot of the contractors know about 12 the project. Obviously, it has to be publicly 13 announced and so on, but try and make the word get out 14 on the street so we can get a stronger lot of 15 contractors. 16 Other alternatives are just putting together 17 scoring similar to selecting consultants. However, 18 those are not, a lot of times, price based, so you may 19 not get the most cost effective project as far as that, 20 but you may get a good value because of the quality of 21 the contractor. 22 So ultimately, the goal is to try and get 23 this project out to bid as soon as possible to give 24 them ample time to price the job and get everything 25 permitted right away.
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Page 36 1 COMMISSIONER CIKLIN: And when might that 2 happen? 3 MR. LONG: José and I have a meeting 4 scheduled for tomorrow at nine to go through all of 5 that. 6 COMMISSIONER CIKLIN: Good. 7 MR. LONG: I don't want to commit to anything 8 now until we sit down and go through everything, so -- 9 COMMISSIONER CIKLIN: Okay. 10 MR. LONG: Thank you. 11 CHAIR ENRIGHT: Mr. Chair, I have a question. 12 VICE CHAIR McARTHUR: Yes, ma'am. 13 CHAIR ENRIGHT: And before we put it out on 14 the street -- 15 MR. LONG: Yes. 16 CHAIR ENRIGHT: -- the RFQ, I would like for 17 us to, the Commissioners to have a chance to look at it 18 first, you know, because I think that sometime I heard 19 a lot of feedback from one or two in the past, and I 20 would like for us to have an opportunity to peruse it 21 first to make sure, to see what's out there, because I 22 was very shocked when I found out the last one had 23 to -- the people had to have, what, 15 years of 24 experience and all of this. And when we picked 25 companies in the past -- you know, just we would just
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Page 37 1 like to see it. 2 MR. LONG: Sure. 3 CHAIR ENRIGHT: I think we should see it 4 before it goes out, that's all. 5 MR. LONG: I would expect we're going to 6 be -- 7 CHAIR ENRIGHT: And Mr. Almira, if you could 8 make sure that if we could have an opportunity to see 9 it -- 10 EXECUTIVE DIRECTOR ALMIRA: We talked, yes. 11 CHAIR ENRIGHT: -- before it goes out. 12 MR. LONG: I would expect we're going to meet 13 with Mr. Picken and go through -- 14 CHAIR ENRIGHT: Thank you. 15 VICE CHAIR McARTHUR: Are there any more 16 questions from the Board? Could we have a motion to 17 approve the Supplemental Joint Participation Agreement? 18 COMMISSIONER RICHARDS: So moved. 19 CHAIR ENRIGHT: Second. 20 COMMISSIONER WALDRON: Second. 21 VICE CHAIR McARTHUR: We have a motion and a 22 second. All those in favor? 23 CHAIR ENRIGHT: Aye. 24 VICE CHAIR McARTHUR: All opposed? Passes 25 unanimously.
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Page 38 1 The next item on the agenda is comments from 2 the public. We don't have any cards. 3 MR. BAKER: Excuse me, Commissioner McArthur. 4 I also need you to adopt the corresponding resolution. 5 VICE CHAIR McARTHUR: Oh, I'm sorry. 6 COMMISSIONER RICHARDS: So moved. 7 CHAIR ENRIGHT: Second. 8 VICE CHAIR McARTHUR: We have a motion and a 9 second. Any questions? All those in favor? 10 CHAIR ENRIGHT: Aye. 11 VICE CHAIR McARTHUR: Passes unanimously. 12 MR. BAKER: Thank you. 13 VICE CHAIR McARTHUR: Thank you, sir. 14 We have no comments from the public. I'd 15 like to ask for comments from the Board. 16 Commissioner Waldron. 17 COMMISSIONER WALDRON: I'm fine. Wait. I 18 would like to say it's been a pleasure working with you 19 on the Commission. 20 VICE CHAIR McARTHUR: Thank you, ma'am. 21 COMMISSIONER WALDRON: And I hope to stay in 22 touch with you after this. 23 VICE CHAIR McARTHUR: I'm not going anywhere. 24 Mr. Richards. 25 COMMISSIONER RICHARDS: Peyton, I've really
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Page 39 1 enjoyed knowing you for many years. I hope we'll 2 continue. I recall one of our early interactions out 3 west. I'm sure you recall that -- 4 VICE CHAIR McARTHUR: Yes. 5 COMMISSIONER RICHARDS: -- at a meeting. 6 You've always been a gentleman, always been a person of 7 integrity, and I appreciate that about you, I really 8 do. And it's been a pleasure serving with you. Thank 9 you. 10 VICE CHAIR McARTHUR: Thank you. I 11 appreciate it. And I wish you all the best, except on 12 December 29th. 13 CHAIR ENRIGHT: Comments (inaudible), sir. 14 VICE CHAIR McARTHUR: Commissioner Ciklin. 15 COMMISSIONER CIKLIN: Yes, I just would like 16 to thank Commissioner McArthur for doing an outstanding 17 job, not only when he was the Human Relations person at 18 the Port, but as a Commissioner. 19 One thing that I can honestly say about 20 Peyton, he always would do what's right for the Port. 21 So I appreciate that, as being here as long as I have. 22 And he's always -- he always did the right thing. So I 23 appreciate that, and that's one thing I'll remember 24 about you more than anything else, is that when you 25 felt it was the right thing for the Port, you did it,
45 Florida Court Reporting 561-689-0999
Electronically signed by Susan Kruger (301-013-329-9161) 5cfec3b4-fa9b-4735-a063-ddeebece25a1 Port of Palm Beach 12/18/2018 Board Meeting
Page 40 1 no matter what else was involved. So I appreciate that 2 and thank you. 3 CHAIR ENRIGHT: I just want to say your motto 4 to go behind that. Peyton would always say what? No 5 friends, no enemies, just issues. 6 VICE CHAIR McARTHUR: Issue by issue. Thank 7 you, ma'am. 8 And I'd like to do two things. One, I'd like 9 to acknowledge Commissioner-elect Joe Anderson. I am 10 being succeeded by a very good guy. I'm sure he will 11 be wonderful. And I want to thank him for stepping up 12 to the plate and seeking this position. And I wish him 13 all the very best. 14 I want to thank staff. I really love the 15 Port, I love our staff. I've enjoyed every minute of 16 it. And there's one thing I've been waiting to say: 17 Meeting adjourned. 18 EXECUTIVE DIRECTOR ALMIRA: We need the 19 dates, the dates for the next meetings. 20 VICE CHAIR McARTHUR: Oh, I'm sorry. I 21 apologize. Meeting not adjourned. 22 The next meeting date will be January 17th. 23 EXECUTIVE DIRECTOR ALMIRA: No, no. 24 CHAIR ENRIGHT: No. 25 VICE CHAIR McARTHUR: No?
46 Florida Court Reporting 561-689-0999
Electronically signed by Susan Kruger (301-013-329-9161) 5cfec3b4-fa9b-4735-a063-ddeebece25a1 Port of Palm Beach 12/18/2018 Board Meeting
Page 41 1 CHAIR ENRIGHT: There's a special meeting. 2 VICE CHAIR McARTHUR: What, what? 3 COMMISSIONER RICHARDS: Read those too. 4 VICE CHAIR McARTHUR: Oh, I'm sorry. 5 Yes, special Board of Commissioners meeting 6 January 8th at 6:30 p.m. 7 EXECUTIVE DIRECTOR ALMIRA: That will be held 8 at our terminal. 9 VICE CHAIR McARTHUR: At the terminal, okay. 10 And the regular Board of Commissioners meeting on 11 Thursday, January 17th at 4:00, like usual. 12 EXECUTIVE DIRECTOR ALMIRA: Now. 13 VICE CHAIR McARTHUR: Now adjourned. 14 (Whereupon, at 5:20 p.m., the proceedings 15 were concluded.) 16 17 18 19 20 21 22 23 24 25
47 Florida Court Reporting 561-689-0999
Electronically signed by Susan Kruger (301-013-329-9161) 5cfec3b4-fa9b-4735-a063-ddeebece25a1 Port of Palm Beach 12/18/2018 Board Meeting
Page 42 1 C E R T I F I C A T E 2 3 4 THE STATE OF FLORIDA ) ) 5 COUNTY OF PALM BEACH ) 6 7 8 I, Susan S. Kruger, do hereby certify that 9 I was authorized to and did report the foregoing 10 proceedings at the time and place herein stated, and 11 that the foregoing pages comprise a true and correct 12 transcription of my stenotype notes taken during the 13 proceedings. 14 IN WITNESS WHEREOF, I have hereunto set my 15 hand this 24th day of December, 2018. 16 17 18 19 20 21 ______Susan S. Kruger 22 23 24 25
48 Florida Court Reporting 561-689-0999
Electronically signed by Susan Kruger (301-013-329-9161) 5cfec3b4-fa9b-4735-a063-ddeebece25a1 Port of Palm Beach 12/18/2018 Board Meeting Page 43
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of Palm Beach 12/18/2018 Board Meeting Page 45
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Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Venice Howard Submitting Department: Clerk's Office Item Type: Resolution Agenda Section: PRESENTATIONS AND ANNOUNCEMENTS
Subject: Presentation of Memorial Resolution for Roland H. Collier
Background: A Memorial Resolution honoring Roland H. Collier for his dedicated service to the Port of Palm Beach District will be presented.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: No
Action Taken
Suggested Action: Motion to approve Resolution No. 2019-03 honoring Roland H. Collier for his dedicated service to the Port of Palm Beach District.
Attachments: Roland Collier Memorial Resolution.doc
58
RESOLUTION NO. 2019-03
A MEMORIAL RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PORT OF PALM BEACH DISTRICT HONORING ROLAND H. COLLIER FOR HIS DEDICATED SERVICE TO THE PORT OF PALM BEACH DISTRICT.
WHEREAS, the Port of Palm Beach District is a political subdivision of the State of Florida, having certain powers as defined in the Port of Palm Beach Charter, Chapter 7081, Laws of Florida, Acts of 1915, as further supplemented and amended by special acts of the Laws of Florida; and
WHEREAS, the Port of Palm Beach District from time to time recognizes individuals whose humanitarian and civic contributions are outstanding; and
WHEREAS, Roland H. Collier was born to Willard and Thelma Collier on May 8, 1940 in Auburndale, Florida; and
WHEREAS, Roland H. Collier started working at West India Shipping Company in Miami, Florida in 1962, which later that year relocated to the Port of Palm Beach. He was instrumental in loading and unloading equipment for the Hess refinery in St. Croix, as well as, loading and unloading the equipment to set up Autec in Andros, Bahamas. He was also called on regularly to supervise the unloading of large and voluminous cargo all over the world in remote areas; and
WHEREAS, in 1965, Roland H. Collier became one of the founding members of Heavy Lift Services, Inc. He was a shareholder and sat on the Board of Directors for fifty-three years. His experience and knowledge of the stevedoring business was instrumental to Heavy Lift and its success.
WHEREAS, Roland H. Collier, through Heavy Lift, was a part of the spin off stevedoring company, MASS, Inc. (Marine Associate & Special Services) that opened in Houston, TX. He made frequent trips to Texas to supervise the loading of vessels for MASS, Inc. which was open for fifteen years; and
WHEREAS, Roland H. Collier was on the Board of Directors for Gulfstream Line, Inc. from 1970 until 2018; and
WHEREAS, at the age of 78, Roland H. Collier was called to his heavenly home on November 20, 2018, leaving behind his loving wife Nancy Collier, his children Greg Collier, Loretta Mayo and Melissa Long, six grandchildren, and six great-grandchildren; and
NOW, THEREFORE, be it resolved that the Board of Commissioners of the Port of Palm Beach District hereby formally honor Roland H. Collier for his dedicated service to the people of the Port of Palm Beach District and South Florida.
Subscribed to this 17th day of January, 2019
PORT OF PALM BEACH DISTRICT BY ITS BOARD OF COMMISSIONERS:
Joseph D. Anderson, Commissioner
Blair J. Ciklin, Commissioner
Jean L. Enright, Commissioner
Wayne M. Richards, Commissioner
Katherine M. Waldron, Commissioner
59 Agenda Item No: F.1
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Daniel Kirchman Submitting Department: Finance Item Type: Financial Statement Agenda Section: CONSENT AGENDA
Subject: Financial Statements for the months ended October 31 and November 30, 2018 (FY 2019)
Background: Provided are financial results charts, Statement of Net Position, Schedule of Revenues and Expenses – Actual and Budget, and Analysis of Expenses – (by category and department) – Actual and Budget by month and year to date, for the months ended October 31 and November 30, 2018 (FY 2019).
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: Motion to approve Financial Statements for the months ended October 31 and November 30, 2018 (FY 2019)
Attachments: (1) Financial Results Charts - FYTD 10-31-18.pdf
(2) Stmt. of Net Position @ 10-31-18.pdf
(3) Schedule of Revenues and Expenses.pdf
(4) Analysis of Expenses Summary Roll Up.pdf
(5) Analysis of Expenses By Department.pdf 60 (1) Financial Results Charts - FYTD 11-30-18.pdf
(2) Stmt. of Net Position @ 11-30-18.pdf
(3) Schedule of Revenues and Expenses.pdf
(4) Analysis of Expenses Summary Roll Up.pdf
(5) Analysis of Expenses By Department.pdf
61 PORT OF PALM BEACH FY 2019 Oct. 1, 2018 to Oct. 31, 2018 Operating Revenue By Source (in thousands) $900
$800 $781 $746 $700
$600
$500 $435 $428 $400 $375 $369
$300
$200
$100
$0 CRUISE/PARKING RENTS CARGO RELATED SOURCE OF REVENUE Actual ‐ $1,591 Budget – $1,543 62 PORT OF PALM BEACH FY 2019 Oct. 1, 2018 to Oct. 31, 2018 Operating Expenses (in thousands) $450
$400 $385 $369 $350
$300
$250
$200 $191 $150 $150 $98 $103 $100 $69 $69 $47 $50 $46
$0 PERSONNEL OPERATING UTILITIES BUS. DEV. OTHER
Actual ‐ $733 Budget – $794 63 PORT OF PALM BEACH FY 2019 Oct. 1, 2018 to Oct. 31, 2018 Operating Performance (in thousands) $1,800 $1,591 $1,600 $1,543
$1,400
$1,200
$1,000 $794 $800 $733
$600
$400 $376 $380 $374 $285 $200 $108 $84 $0 REVENUE OPERATING EXPENSES NON CASH EXPENSE NON OPERATING EXPENSE INCOME
Actual Budget 64 Port of Palm Beach District Statement of Net Position October 31, 2018 (Unaudited)
ASSETS
Current Assets: Cash and cash equivalents $ 20,965,640 Accounts receivable (net of allowance for uncollectables) 1,392,779 Grants receivable 880,766 Prepaid items 659,234 Restricted assets: Cash and cash equivalents 7,452,645 Total Current Assets 31,351,064
Noncurrent Assets: Prepaid items - Master Plan 208,102 Total Other Noncurrent Assets 208,102
Capital Assets: Land 28,119,220 Building and improvements 54,229,316 Slips and improvements 49,742,290 Other improvements 33,392,562 Wharf and loading ramps 7,798,154 Autos and trucks 463,844 Furniture and fixtures 371,444 Machinery and equipment 2,632,269 Computer equipment 1,364,406 Construction in progress 12,504,171 Less: Accumulated Depreciation (70,242,810) Total Capital Assets (net of accumulated depreciation) 120,374,866
Total Noncurrent Assets 120,582,968
Total Assets $ 151,934,032
DEFERRED OUTFLOWS OF RESOURCES
Deferred outflows of resources: Pension related items 1,459,258 Deferred loss on bond refunding, net 498,690 Total Deferred Outflows of Resources $ 1,957,948 65 Port of Palm Beach District Statement of Net Position October 31, 2018 (Unaudited)
LIABILITIES
Current Liabilities: Accounts payable and accrued expenses $ 902,075 Unearned revenue 479,953 Compensated absences payable - short-term 227,277 Payable from restricted assets: Security deposits 375,000 Accounts payable and accrued expenses 196,819 Contracts payable 440,438 Accrued revenue bonds interest payable 67,364 Current portion of revenue bond payable 3,593,268 Total Current Liabilities 6,282,194
Noncurrent Liabilities: Compensated absences payable - long-term 227,277 Other post-employment benefits 207,334 Net pension liability 3,526,193 Restricted capital appreciation revenue bond interest payable 6,837,849 Revenue bonds payable (less unamortized bond discount and current portion) 16,851,030 Total Noncurrent Liabilities 27,649,683
Total Liabilities 33,931,877
DEFERRED INFLOWS OF RESOURCES
Deferred inflows of resources: Pension related items 203,455
NET POSITION
Net Investment in capital assets 100,429,256 Restricted for renewal and replacement 1,201,894 Restricted for business development 707,442 Designated - Capital improvement 4,157,406 Undesignated - Operations 13,260,650
Total Net Position$ 119,756,648 66 Port of Palm Beach District (Unaudited) Schedule of Revenues and Expenses - Actual and Budget For the Month and One Months Ending Wednesday, October 31, 2018
$ Variance Actual Current Prior $ Variance Original Over (Under) October Actual FY Actual FY Over (Under) Budget FY Current Actual 2018 2019 YTD 2018 YTD to Prior Year 2019 YTD to Budget YTD Operating Revenues: Wharfage 313,189 313,189 307,716 5,473 317,040 (3,851) Dockage 187,225 187,225 151,751 35,474 166,081 21,144 Parking 80,227 80,227 5,714 74,513 139,798 (59,571) Passengers - Multi-day 383,825 383,825 0 383,825 679,013 (295,188) Storage 11,037 11,037 17,108 (6,071) 17,453 (6,416) Water 9,022 9,022 7,431 1,591 8,660 362 Line Handling 6,210 6,210 10,608 (4,398) 9,965 (3,755) Switching 63,470 63,470 50,595 12,875 50,619 12,851 Licenses and Permits 4,200 4,200 500 3,700 4,200 0 Vessel Bunkers 4,096 4,096 1,720 2,376 2,500 1,596 Cargo Terminal Fee 60,415 60,415 62,476 (2,061) 65,113 (4,698) Security Fees - Cargo 53,580 53,580 46,173 7,407 48,208 5,372 Special Detail Security Fees 0 0 0 0 1,250 (1,250) Identification Badging 2,566 2,566 2,080 486 1,977 589 Harbor Master Fee 16,636 16,636 15,800 836 16,423 213 Rent 374,853 374,853 357,688 17,165 369,030 5,823 Miscellaneous Income 241,641 241,641 138,847 102,794 36,173 205,468 Total Operating Revenues 1,812,192 1,812,192 1,176,207 635,985 1,933,503 (121,311)
Less: Direct Marketing Support 220,931 220,931 0 220,931 390,693 (169,762) Net Operating Revenues 1,591,261 1,591,261 1,176,207 415,054 1,542,810 48,451
Operating Expenses: Administrative and HR 58,547 58,547 52,553 5,994 58,094 453 Office - Finance and IT 74,379 74,379 82,612 (8,233) 77,911 (3,532) Engineering 15,717 15,717 1,000 14,717 15,715 2 Consultant 3,000 3,000 3,000 0 3,000 0 Legal 644 644 4,720 (4,076) 1,000 (356) General Maintenance 122,878 122,878 101,847 21,031 134,840 (11,962) Railroad 15,346 15,346 19,581 (4,235) 13,163 2,183 Operations 6,944 6,944 6,687 257 7,617 (673) General Expense 137,122 137,122 128,203 8,919 138,923 (1,801) Security 147,757 147,757 106,428 41,329 188,827 (41,070) Business Development 83,008 83,008 58,929 24,079 83,117 (109) Community Grants 750 750 700 50 750 0 Cruise Terminal 25,843 25,843 20,366 5,477 29,478 (3,635) Maritime Office Complex 29,433 29,433 23,853 5,580 29,736 (303) Southgate Complex 9,002 9,002 4,466 4,536 9,917 (915) Renewal and Replacement 2,194 2,194 9,555 (7,361) 2,195 (1) Maritime Office Building 537 537 6,007 (5,470) 0 537 Total Operating Expenses 733,101 733,101 630,507 102,594 794,283 (61,182)
Oper. Income Before Depr & Amort 858,160 858,160 545,700 312,460 748,527 109,633 Less: Depreciation Expense 371,741 371,741 395,353 (23,612) 375,000 (3,259) Less: Amortization Expense 4,335 4,335 4,068 267 4,335 0 Operating Income (Loss) 482,084 482,084 146,279 335,805 369,192 112,892
Non-Oper. Revenues (Expenses): Interest Income 15,986 15,986 9,064 6,922 15,000 986 Insurance Recoveries 0 0 0 0 0 0 Grant Revenue 0 0 13,518 (13,518) 0 0 Gain or (Loss) on Disposal of Assets (24,900) (24,900) 0 (24,900) 0 (24,900) Grant Expenses 0 0 0 0 0 0 Interest Expense (99,038) (99,038) (107,475) 8,437 (99,042) 4 Total Non-Oper. Revenue (Expenses) (107,952) (107,952) (84,893) (23,059) (84,042) (23,910)
Income (Loss) before contributions 374,132 374,132 61,386 312,746 285,150 88,982
Capital Contributions 0 0 34,894 (34,894) Change in Net Position 374,132 374,132 96,280 277,852
67 Port of Palm Beach District Analysis of Expenses - Summary Roll-Up For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance SALARIES & BENEFITS:
Salaries & Contract Labor 236,875 246,079 9,204 2,963,940 3,200,815 236,875 246,079 9,204
Overtime 10,604 12,770 2,166 155,396 166,000 10,604 12,770 2,166
F.I.C.A. Taxes 16,584 19,156 2,572 232,451 249,035 16,584 19,156 2,572
Unemployment 0 0 0 1,000 1,000 0 0 0
Health and Life Insurance 81,087 81,424 337 1,016,013 1,097,100 81,087 81,424 337
Florida Retirement Benefits 24,088 25,670 1,582 309,602 333,690 24,088 25,670 1,582
369,238 385,099 15,861 4,678,402 5,047,640 369,238 385,099 15,861
SERVICES & SUPPLIES:
Commercial Property & Liability 33,465 32,756 (709) 369,615 403,080 33,465 32,756 (709)
Tenant Property Taxes Taxes 0 0 0 5,000 5,000 0 0 0
Legal Fees 644 1,000 356 499,356 500,000 644 1,000 356
Audit & Accounting Fees 0 350 350 95,000 95,000 0 350 350
Consultants 3,000 3,000 0 36,000 39,000 3,000 3,000 0
Engineering Fees 15,717 15,715 (2) 41,283 57,000 15,717 15,715 (2)
Trustee Fees For Bond Issues 50 50 0 7,450 7,500 50 50 0
Bad Debt Expense 0 0 0 10,000 10,000 0 0 0
Drug-Free Workplace 110 110 0 1,890 2,000 110 110 0
Uniforms 0 0 0 25,500 25,500 0 0 0
Report Date: 1/2/201968 1 of 3 Report Time: 11:46 AM Port of Palm Beach District Analysis of Expenses - Summary Roll-Up For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance Equipment Costs & Fuel 10,646 10,690 44 85,354 96,000 10,646 10,690 44
Buildings & Grounds Expenses 40,527 44,246 3,719 547,473 588,000 40,527 44,246 3,719
Trash Removal 5,545 4,516 (1,029) 48,655 54,200 5,545 4,516 (1,029)
Railroad Expense 662 660 (2) 29,338 30,000 662 660 (2)
Locomotive Expense 5,419 5,489 70 88,081 93,500 5,419 5,489 70
Employee Development & Training 708 710 2 19,292 20,000 708 710 2
Office Expenses 5,783 5,521 (262) 60,470 66,253 5,783 5,521 (262)
Information Technology 7,654 7,655 1 149,846 157,500 7,654 7,655 1
Contract Security 75,670 114,891 39,221 1,303,030 1,378,700 75,670 114,891 39,221
Other Security Expense 7,343 7,255 (88) 77,657 85,000 7,343 7,255 (88)
TWIC & ID Badging 230 417 187 4,770 5,000 230 417 187
Tenant Operating Costs 0 0 0 20,000 20,000 0 0 0
213,173 255,031 41,858 3,525,060 3,738,233 213,173 255,031 41,858
BUSINESS DEVELOPMENT:
Registration & Training Fees 5,795 5,795 0 29,205 35,000 5,795 5,795 0
Community Affairs 750 750 0 38,250 39,000 750 750 0
Travel Expenses - Employees 1,822 1,820 (2) 23,178 25,000 1,822 1,820 (2)
Travel Expenses - Board 6,901 6,901 0 23,099 30,000 6,901 6,901 0
Trade Development 10,419 9,243 (1,176) 55,081 65,500 10,419 9,243 (1,176)
Report Date: 1/2/201969 2 of 3 Report Time: 11:46 AM Port of Palm Beach District Analysis of Expenses - Summary Roll-Up For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance Dues & Subscriptions 16,418 16,415 (3) 61,082 77,500 16,418 16,415 (3)
Marketing 4,600 4,600 0 41,150 45,750 4,600 4,600 0
Website & Other 745 376 (369) 3,755 4,500 745 376 (369)
47,450 45,900 (1,550) 274,800 322,250 47,450 45,900 (1,550)
UTILITY SERVICES:
Water & Sewer 55,320 56,878 1,558 727,220 782,540 55,320 56,878 1,558
Electricity 31,150 34,000 2,850 376,850 408,000 31,150 34,000 2,850
Telephone Expense 11,813 11,901 88 130,987 142,800 11,813 11,901 88
98,283 102,779 4,496 1,235,057 1,333,340 98,283 102,779 4,496
RENEWAL & REPLACEMENT:
Renewal & Replacement Exp. 2,193 2,195 2 397,807 400,000 2,193 2,195 2
OTHER EXPENSES:
Miscellaneous Expenses 2,764 3,279 515 40,286 43,050 2,764 3,279 515
TOTAL EXPENSES 733,101 794,283 61,182 10,151,412 10,884,513 733,101 794,283 61,182
Report Date: 1/2/201970 3 of 3 Report Time: 11:46 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance FINANCE & I.T.
Salaries 49,032 53,086 4,054 641,083 690,115 49,032 53,086 4,054
F.I.C.A. Expense 3,379 3,965 586 48,171 51,550 3,379 3,965 586
Telephone 7,386 6,917 (469) 75,614 83,000 7,386 6,917 (469)
Computer Training/Consulting 1,188 1,190 2 55,812 57,000 1,188 1,190 2
Computer Maintenance 6,466 6,465 (1) 87,534 94,000 6,466 6,465 (1)
Postage 240 417 177 4,760 5,000 240 417 177
Office Maintenance 728 833 105 9,272 10,000 728 833 105
Records Storage 244 250 6 2,756 3,000 244 250 6
Computer Software & Supplies 0 0 0 6,500 6,500 0 0 0
Printing 1,206 833 (373) 8,794 10,000 1,206 833 (373)
Public Notice Publication 406 667 261 7,594 8,000 406 667 261
Miscellaneous - Office 1,723 1,725 2 13,827 15,550 1,723 1,725 2
Office Supplies 2,380 1,563 (817) 16,373 18,753 2,380 1,563 (817)
Total 74,378 77,911 3,533 978,090 1,052,468 74,378 77,911 3,533
Report Date: 1/2/201971 1 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance GENERAL MAINTENANCE
Salaries 36,256 41,425 5,169 502,264 538,520 36,256 41,425 5,169
Overtime 2,009 3,077 1,068 37,991 40,000 2,009 3,077 1,068
Overtime - Line Handling 273 2,308 2,035 29,727 30,000 273 2,308 2,035
F.I.C.A. Expense 2,831 3,581 750 43,719 46,550 2,831 3,581 750
Telephone 929 1,000 71 11,071 12,000 929 1,000 71
Water 49,338 50,000 662 650,662 700,000 49,338 50,000 662
Water - Maintenance Office 265 208 (57) 2,235 2,500 265 208 (57)
Stormwater Assessment 5,717 6,670 953 74,323 80,040 5,717 6,670 953
Electricity 10,405 11,250 845 124,595 135,000 10,405 11,250 845
Equipment Rental 0 0 0 15,000 15,000 0 0 0
Generator Supplies 6,603 6,600 (3) 8,397 15,000 6,603 6,600 (3)
Building & Grounds 1,715 1,715 0 68,285 70,000 1,715 1,715 0
Trash Removal 837 833 (4) 9,163 10,000 837 833 (4)
Uniforms 0 0 0 15,000 15,000 0 0 0
Gas & Oil 2,955 3,000 45 33,045 36,000 2,955 3,000 45
Supplies 1,658 2,083 425 23,342 25,000 1,658 2,083 425
Equipment Repair 1,088 1,090 2 28,912 30,000 1,088 1,090 2
Total 122,879 134,840 11,961 1,677,731 1,800,610 122,879 134,840 11,961
Report Date: 1/2/201972 2 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance SECURITY
Salaries 54,591 56,163 1,572 675,529 730,120 54,591 56,163 1,572
Overtime 4,416 3,923 (493) 46,584 51,000 4,416 3,923 (493)
F.I.C.A. Expense 4,280 4,594 314 55,445 59,725 4,280 4,594 314
Subscriptions 3,197 3,333 136 36,803 40,000 3,197 3,333 136
Security Equipment Repairs 2,256 2,255 (1) 22,744 25,000 2,256 2,255 (1)
Telephone 908 1,167 259 13,092 14,000 908 1,167 259
Uniforms 0 0 0 10,000 10,000 0 0 0
Identification Badging 230 417 187 4,770 5,000 230 417 187
Riviera Beach Police Presence 6,293 12,175 5,882 139,807 146,100 6,293 12,175 5,882
Contract Security - Cargo & TWIC 5,133 5,033 (100) 55,267 60,400 5,133 5,033 (100)
Miscellaneous - Security 320 417 97 4,680 5,000 320 417 97
Contract Security - Cruise 58,770 87,800 29,030 994,830 1,053,600 58,770 87,800 29,030
Contract Security - Parking 5,474 9,883 4,409 113,126 118,600 5,474 9,883 4,409
Radio Maintenance 1,890 1,667 (223) 18,110 20,000 1,890 1,667 (223)
Total 147,758 188,827 41,069 2,190,787 2,338,545 147,758 188,827 41,069
Report Date: 1/2/201973 3 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance RAILROAD
Salaries 4,042 2,385 (1,657) 26,958 31,000 4,042 2,385 (1,657)
Overtime 3,906 3,462 (444) 41,094 45,000 3,906 3,462 (444)
F.I.C.A. Expense 595 447 (148) 5,220 5,815 595 447 (148)
Locomotive Rental 0 0 0 2,500 2,500 0 0 0
Train Derailment 0 0 0 10,000 10,000 0 0 0
Locomotive Fuel & Oil 3,264 3,334 70 36,736 40,000 3,264 3,334 70
Track R&M Exp. 662 660 (2) 24,338 25,000 662 660 (2)
Locomotive Inspections 0 0 0 6,000 6,000 0 0 0
Locomotive R&M Exp. 2,155 2,155 0 32,845 35,000 2,155 2,155 0
Railroad Equipment 0 0 0 5,000 5,000 0 0 0
Miscellaneous 721 720 (1) 4,279 5,000 721 720 (1)
Total 15,345 13,163 (2,182) 194,970 210,315 15,345 13,163 (2,182)
Report Date: 1/2/201974 4 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance BUSINESS DEVELOPMENT
Salaries 31,258 32,161 903 386,832 418,090 31,258 32,161 903
Florida Retirement System 3,342 3,480 138 41,898 45,240 3,342 3,480 138
F.I.C.A. Expense 1,794 2,242 448 27,351 29,145 1,794 2,242 448
Miscellaneous 0 0 0 5,000 5,000 0 0 0
Website 745 292 (453) 2,755 3,500 745 292 (453)
Telephone Expense 290 459 169 5,210 5,500 290 459 169
Promotion 0 0 0 23,250 23,250 0 0 0
Trade Development 5,561 5,560 (1) 39,939 45,500 5,561 5,560 (1)
Trade Development - Dining 2,008 833 (1,175) 7,992 10,000 2,008 833 (1,175)
Travel Expenses 1,822 1,820 (2) 23,178 25,000 1,822 1,820 (2)
Travel Expenses - McArthur 0 0 0 6,000 6,000 0 0 0
Travel Expenses - Ciklin 0 0 0 6,000 6,000 0 0 0
Travel Expenses - Richards 3,120 3,120 0 2,880 6,000 3,120 3,120 0
Travel Expenses - Waldron 2,537 2,537 0 3,463 6,000 2,537 2,537 0
Travel Expenses - Enright 1,244 1,244 0 4,756 6,000 1,244 1,244 0
Community Relations 0 0 0 29,000 29,000 0 0 0
Postage & Shipping 0 84 84 1,000 1,000 0 84 84
Trade Development - Sponsorships 2,850 2,850 0 7,150 10,000 2,850 2,850 0
Registration Fees 4,300 4,300 0 25,700 30,000 4,300 4,300 0
Report Date: 1/2/201975 5 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance Membership Dues 12,960 12,960 0 49,540 62,500 12,960 12,960 0
Training 1,495 1,495 0 3,505 5,000 1,495 1,495 0
Subscriptions 3,082 3,080 (2) 6,918 10,000 3,082 3,080 (2)
Advertising 4,600 4,600 0 9,900 14,500 4,600 4,600 0
Publications 0 0 0 8,000 8,000 0 0 0
Total 83,008 83,117 109 727,217 810,225 83,008 83,117 109
Report Date: 1/2/201976 6 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance
ADMIN. & H.R.
Salaries - Commissioners 3,958 3,958 0 43,542 47,500 3,958 3,958 0
Salaries - Exec. Director & Staff 51,352 50,313 (1,039) 602,718 654,070 51,352 50,313 (1,039)
Contract Admin. Services 0 0 0 5,760 5,760 0 0 0
FICA Expense 3,237 3,823 586 46,458 49,695 3,237 3,823 586
Total 58,547 58,094 (453) 698,478 757,025 58,547 58,094 (453)
Report Date: 77 1/2/2019 7 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance LEGAL
Fees and Expenses 644 1,000 356 499,356 500,000 644 1,000 356
Total 644 1,000 356 499,356 500,000 644 1,000 356
Report Date: 1/2/201978 8 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance ENGINEERING
Retainer - CH2MHILL 1,000 1,000 0 11,000 12,000 1,000 1,000 0
Fees and Expenses 14,717 14,715 (2) 30,283 45,000 14,717 14,715 (2)
Total 15,717 15,715 (2) 41,283 57,000 15,717 15,715 (2)
Report Date: 1/2/201979 9 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance CONSULTING
Consultants - Governmental 3,000 3,000 0 36,000 39,000 3,000 3,000 0
Total 3,000 3,000 0 36,000 39,000 3,000 3,000 0
Report Date: 1/2/201980 10 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance SOUTHGATE COMPLEX
Buildings & Grounds 5,274 5,275 1 14,726 20,000 5,274 5,275 1
Janitorial Services & Supplies 138 292 154 3,362 3,500 138 292 154
Miscellaneous 0 0 0 2,500 2,500 0 0 0
Electric 2,355 3,333 978 37,645 40,000 2,355 3,333 978
Telephone 619 667 48 7,381 8,000 619 667 48
Trash Removal 616 350 (266) 3,584 4,200 616 350 (266)
HVAC Repairs & Maint. 0 0 0 5,000 5,000 0 0 0
Total 9,002 9,917 915 74,198 83,200 9,002 9,917 915
Report Date: 1/2/201981 11 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance GENERAL EXPENSE
Audit & Accounting Services 0 350 350 95,000 95,000 0 350 350
Transcription Services for Board Meetings 579 958 379 10,921 11,500 579 958 379
Bad Debt Expense 0 0 0 10,000 10,000 0 0 0
Unemployment Compensation 0 0 0 1,000 1,000 0 0 0
General Commercial Prop & Liab Insurance 33,465 32,756 (709) 359,615 393,080 33,465 32,756 (709)
Group Health / Dental / Vision 78,276 78,708 432 986,224 1,064,500 78,276 78,708 432
Employee Basic Life Insurance 1,373 1,400 27 15,427 16,800 1,373 1,400 27
Employee S/Term Disability Ins. 1,438 1,316 (122) 14,362 15,800 1,438 1,316 (122)
Florida Retirement System 20,746 22,190 1,444 267,704 288,450 20,746 22,190 1,444
Trustee Fees For Bonds 50 50 0 7,450 7,500 50 50 0
Drug-Free Workplace 110 110 0 1,890 2,000 110 110 0
Insurance Contingency 0 0 0 10,000 10,000 0 0 0
Membership Dues 376 375 (1) 4,624 5,000 376 375 (1)
Training 708 710 2 19,292 20,000 708 710 2
Ad Valorem Taxes 0 0 0 5,000 5,000 0 0 0
Miscellaneous 0 0 0 5,000 5,000 0 0 0
Total 137,121 138,923 1,802 1,813,509 1,950,630 137,121 138,923 1,802
Report Date: 1/2/201982 12 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance COMMUNITY OUTREACH
Community Grants - Waldron 0 0 0 2,000 2,000 0 0 0
Community Grants - Ciklin 50 50 0 1,950 2,000 50 50 0
Community Grants - Richards 0 0 0 2,000 2,000 0 0 0
Community Grants - McArthur 400 400 0 1,600 2,000 400 400 0
Community Grants -Enright 300 300 0 1,700 2,000 300 300 0
Total 750 750 0 9,250 10,000 750 750 0
Report Date: 1/2/201983 13 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance MARITIME OFFICE BUILDING
Buildings & Grounds 276 0 (276) (276) 0 276 0 (276)
Telephone - Elevator 156 0 (156) (156) 0 156 0 (156)
HVAC Repairs & Maint. 105 0 (105) (105) 0 105 0 (105)
Total 537 0 (537) (537) 0 537 0 (537)
Report Date: 1/2/201984 14 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance
CRUISE TERMINAL
Building & Grounds 4,521 4,520 (1) 80,479 85,000 4,521 4,520 (1)
Electric 4,186 5,417 1,231 60,814 65,000 4,186 5,417 1,231
Electric - Chiller Plant 3,657 2,500 (1,157) 26,343 30,000 3,657 2,500 (1,157)
Telephone 469 500 31 5,531 6,000 469 500 31
Telephone - Elevator 313 333 20 3,687 4,000 313 333 20
HVAC Repairs & Maintenance 1,627 1,625 (2) 48,373 50,000 1,627 1,625 (2)
Janitorial Services & Supplies 11,071 14,583 3,512 163,929 175,000 11,071 14,583 3,512
Window Cleaning 0 0 0 2,500 2,500 0 0 0
Total 25,844 29,478 3,634 391,656 417,500 25,844 29,478 3,634
Report Date: 1/2/201985 15 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance MARITIME OFFICE COMPLEX
Building & Grounds 8,739 8,740 1 66,261 75,000 8,739 8,740 1
Trash Removal 4,092 3,333 (759) 35,908 40,000 4,092 3,333 (759)
Electricity 5,062 7,917 2,855 89,938 95,000 5,062 7,917 2,855
Electric - Chiller Plant 5,485 3,583 (1,902) 37,515 43,000 5,485 3,583 (1,902)
Telephone 340 417 77 4,660 5,000 340 417 77
Telephone - Elevator 313 333 20 3,687 4,000 313 333 20
HVAC Repairs & Maintenance 3,329 3,330 1 46,671 50,000 3,329 3,330 1
Janitorial Services & Supplies 2,074 2,083 9 22,926 25,000 2,074 2,083 9
Window Cleaning 0 0 0 2,000 2,000 0 0 0
Total 29,434 29,736 302 309,566 339,000 29,434 29,736 302
Report Date: 1/2/201986 16 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance RENEWAL AND REPLACEMENT
Non-Capital Expenses: 0 2,195 2,195 400,000 400,000 0 2,195 2,195
Vehicle Replacement Exp. 1,655 0 (1,655) (1,655) 0 1,655 0 (1,655)
Computer Systems - non-capital 538 0 (538) (538) 0 538 0 (538)
Total 2,193 2,195 2 397,807 400,000 2,193 2,195 2
Report Date: 1/2/201987 17 of 18 Report Time: 11:48 AM Port of Palm Beach District Analysis of Expenses - By Department For the Month and One Months Ending Wednesday, October 31, 2018
Current Original Remaining Total October October Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance
OPERATIONS
Salaries - Operations 6,386 6,588 202 79,254 85,640 6,386 6,588 202
FICA Expense 468 504 36 6,087 6,555 468 504 36
Tenant Operations 0 0 0 20,000 20,000 0 0 0
Miscellaneous 0 417 417 5,000 5,000 0 417 417
Uniforms 0 0 0 500 500 0 0 0
Telephone 90 108 18 1,210 1,300 90 108 18
Total 6,944 7,617 673 112,051 118,995 6,944 7,617 673
Total Expenses 733,101 794,283 61,182 10,151,412 10,884,513 733,101 794,283 61,182
Report Date: 1/2/201988 18 of 18 Report Time: 11:48 AM PORT OF PALM BEACH FY 2019 Oct. 1, 2018 to Nov. 30, 2018 Operating Revenue By Source (in thousands) $1,800 $1,599 $1,600 $1,572
$1,400
$1,200
$1,000 $880 $800 $784 $753 $740
$600
$400
$200
$0 CRUISE/PARKING RENTS CARGO RELATED SOURCE OF REVENUE Actual ‐ $3,232 Budget – $3,096 89 PORT OF PALM BEACH FY 2019 Oct. 1, 2018 to Nov. 30, 2018 Operating Expenses (in thousands)
$1,000 $940 $894 $900 $800 $700 $600 $500 $415 $400 $324 $300 $216 $206 $200 $149 $152 $100 $60 $58 $0 PERSONNEL OPERATING UTILITIES BUS. DEV. OTHER
Actual ‐ $1,643 Budget – $1,771 90 PORT OF PALM BEACH FY 2019 Oct. 1, 2018 to Nov. 30, 2018 Operating Performance (in thousands)
$3,500 $3,232 $3,096 $3,000
$2,500
$2,000 $1,771 $1,643 $1,500
$1,000 $751 $758 $631 $500 $401 $207 $166 $0 REVENUE OPERATING EXPENSES NON CASH EXPENSE NON OPERATING EXPENSE INCOME Actual Budget 91 Port of Palm Beach District Statement of Net Position November 30, 2018 (Unaudited)
ASSETS
Current Assets: Cash and cash equivalents $ 21,149,961 Accounts receivable (net of allowance for uncollectables) 1,521,721 Grants receivable 887,006 Dividends receivable 7,101 Prepaid items 603,971 Restricted assets: Cash and cash equivalents 7,899,118 Total Current Assets 32,068,878
Noncurrent Assets: Prepaid items - Master Plan 203,767 Total Other Noncurrent Assets 203,767
Capital Assets: Land 28,119,220 Building and improvements 54,229,313 Slips and improvements 49,742,290 Other improvements 33,334,452 Wharf and loading ramps 7,798,154 Autos and trucks 463,844 Furniture and fixtures 371,444 Machinery and equipment 2,632,269 Computer equipment 1,364,406 Construction in progress 12,690,982 Less: Accumulated Depreciation (70,580,549) Total Capital Assets (net of accumulated depreciation) 120,165,825
Total Noncurrent Assets 120,369,592
Total Assets $ 152,438,470
DEFERRED OUTFLOWS OF RESOURCES
Deferred outflows of resources: Pension related items 1,459,258 Deferred loss on bond refunding, net 488,156 Total Deferred Outflows of Resources $ 1,947,414 92 Port of Palm Beach District Statement of Net Position November 30, 2018 (Unaudited)
LIABILITIES
Current Liabilities: Accounts payable and accrued expenses $ 1,286,382 Unearned revenue 354,983 Compensated absences payable - short-term 227,277 Payable from restricted assets: Security deposits 375,000 Accounts payable and accrued expenses 41,860 Contracts payable 328,210 Accrued revenue bonds interest payable 100,750 Current portion of revenue bond payable 3,593,268 Total Current Liabilities 6,307,730
Noncurrent Liabilities: Compensated absences payable - long-term 227,277 Other post-employment benefits 207,334 Net pension liability 3,526,193 Restricted capital appreciation revenue bond interest payable 6,892,518 Revenue bonds payable (less unamortized bond discount and current portion) 16,851,478 Total Noncurrent Liabilities 27,704,800
Total Liabilities 34,012,530
DEFERRED INFLOWS OF RESOURCES
Deferred inflows of resources: Pension related items 203,455
NET POSITION
Net Investment in capital assets 100,209,235 Restricted for renewal and replacement 1,249,552 Restricted for business development 770,392 Designated - Capital improvement 4,152,739 Undesignated - Operations 13,787,981
Total Net Position$ 120,169,899 93 Port of Palm Beach District (Unaudited) Schedule of Revenues and Expenses - Actual and Budget For the Month and Two Months Ending Friday, November 30, 2018
$ Variance Actual Current Prior $ Variance Original Over (Under) November Actual FY Actual FY Over (Under) Budget FY Current Actual 2018 2019 YTD 2018 YTD to Prior Year 2019 YTD to Budget YTD Operating Revenues: Wharfage 299,151 612,340 633,913 (21,573) 640,534 (28,194) Dockage 205,587 392,812 320,112 72,700 346,213 46,599 Parking 90,928 171,154 11,464 159,690 272,859 (101,705) Passengers - Multi-day 459,459 843,283 0 843,283 1,338,741 (495,458) Storage 16,733 27,770 54,674 (26,904) 34,676 (6,906) Water 8,182 17,204 15,742 1,462 17,320 (116) Line Handling 10,247 16,457 23,460 (7,003) 23,194 (6,737) Switching 65,671 129,142 109,750 19,392 109,799 19,343 Licenses and Permits 45,600 49,800 32,000 17,800 49,800 0 Vessel Bunkers 6,359 10,455 16,608 (6,153) 5,000 5,455 Cargo Terminal Fee 60,762 121,177 125,979 (4,802) 131,382 (10,205) Security Fees - Cargo 52,336 105,916 96,368 9,548 100,167 5,749 Special Detail Security Fees 2,829 2,829 1,763 1,066 2,500 329 Identification Badging 654 3,220 3,941 (721) 3,954 (734) Harbor Master Fee 16,956 33,592 33,654 (62) 35,251 (1,659) Rent 378,137 752,990 732,590 20,400 739,807 13,183 Miscellaneous Income 208,241 449,882 272,045 177,837 72,626 377,256 Total Operating Revenues 1,927,832 3,740,023 2,484,063 1,255,960 3,923,823 (183,800)
Less: Direct Marketing Support 286,879 507,810 0 507,810 827,351 (319,541) Net Operating Revenues 1,640,953 3,232,213 2,484,063 748,150 3,096,472 135,741
Operating Expenses: Administrative and HR 84,337 142,884 109,539 33,345 143,256 (372) Office - Finance and IT 100,491 174,870 149,376 25,494 186,807 (11,937) Engineering 6,879 22,596 3,575 19,021 22,595 1 Consultant 3,000 6,000 6,000 0 6,000 0 Legal 17,193 17,836 19,860 (2,024) 18,000 (164) General Maintenance 163,128 286,007 205,449 80,558 297,439 (11,432) Railroad 37,538 52,883 35,207 17,676 49,922 2,961 Operations 10,566 17,510 16,102 1,408 18,779 (1,269) General Expense 160,341 297,463 260,444 37,019 312,716 (15,253) Security 182,800 330,557 216,567 113,990 411,437 (80,880) Business Development 65,576 148,584 120,511 28,073 151,469 (2,885) Community Grants 768 1,518 2,200 (682) 1,518 0 Cruise Terminal 27,912 53,755 42,938 10,817 59,021 (5,266) Maritime Office Complex 35,808 65,241 48,310 16,931 66,017 (776) Southgate Complex 5,991 14,993 9,017 5,976 17,174 (2,181) Renewal and Replacement 6,468 8,662 62,130 (53,468) 8,665 (3) Maritime Office Building 522 1,059 14,981 (13,922) 0 1,059 Total Operating Expenses 909,318 1,642,418 1,322,206 320,212 1,770,815 (128,397)
Oper. Income Before Depr & Amort 731,635 1,589,795 1,161,857 427,938 1,325,657 264,138 Less: Depreciation Expense 370,949 742,690 791,737 (49,047) 750,000 (7,310) Less: Amortization Expense 4,335 8,671 8,136 535 8,671 0 Operating Income (Loss) 356,351 838,434 361,984 476,450 566,986 271,448
Non-Oper. Revenues (Expenses): Interest Income 23,269 39,255 18,533 20,722 32,000 7,255 Insurance Recoveries 1,332 1,332 0 1,332 0 1,332 Grant Revenue 0 0 13,518 (13,518) 0 0 Gain or (Loss) on Disposal of Assets (24,900) (49,800) 0 (49,800) 0 (49,800) Grant Expenses 0 0 0 0 0 0 Interest Expense (99,038) (198,076) (214,951) 16,875 (198,083) 7 Total Non-Oper. Revenue (Expenses) (99,337) (207,289) (182,900) (24,389) (166,083) (41,206)
Income (Loss) before contributions 257,014 631,145 179,084 452,061 400,903 230,242
Capital Contributions 156,239 156,239 45,525 110,714 Change in Net Position 413,253 787,384 224,609 562,775
94 Port of Palm Beach District Analysis of Expenses - Summary Roll-Up For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance SALARIES & BENEFITS:
Salaries & Contract Labor 598,176 613,216 15,040 2,602,639 3,200,815 361,301 367,136 5,835
Overtime 24,044 31,924 7,880 141,956 166,000 13,439 19,154 5,715
F.I.C.A. Taxes 41,184 47,892 6,708 207,851 249,035 24,600 28,736 4,136
Unemployment 0 0 0 1,000 1,000 0 0 0
Health and Life Insurance 170,315 182,848 12,533 926,785 1,097,100 89,228 101,424 12,196
Florida Retirement Benefits 59,689 64,180 4,491 274,001 333,690 35,601 38,510 2,909
893,408 940,060 46,652 4,154,232 5,047,640 524,169 554,960 30,791
SERVICES & SUPPLIES:
Commercial Property & Liability 67,026 65,512 (1,514) 336,054 403,080 33,561 32,756 (805)
Tenant Property Taxes Taxes 35 35 0 4,965 5,000 35 35 0
Legal Fees 17,836 18,000 164 482,164 500,000 17,193 17,000 (193)
Audit & Accounting Fees 3,407 3,755 348 91,593 95,000 3,407 3,405 (2)
Consultants 6,000 6,000 0 33,000 39,000 3,000 3,000 0
Engineering Fees 22,596 22,595 (1) 34,404 57,000 6,879 6,880 1
Trustee Fees For Bond Issues 50 50 0 7,450 7,500 0 0 0
Bad Debt Expense 0 0 0 10,000 10,000 0 0 0
Drug-Free Workplace 200 200 0 1,800 2,000 90 90 0
Uniforms 973 975 2 24,527 25,500 973 975 2
Report Date: 1/3/201995 1 of 3 Report Time: 1:51 PM Port of Palm Beach District Analysis of Expenses - Summary Roll-Up For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance Equipment Costs & Fuel 16,741 17,980 1,239 79,259 96,000 6,093 7,290 1,197
Buildings & Grounds Expenses 92,302 98,407 6,105 495,698 588,000 51,774 54,161 2,387
Trash Removal 7,037 9,032 1,995 47,163 54,200 1,493 4,516 3,023
Railroad Expense 20,056 20,055 (1) 9,944 30,000 19,394 19,395 1
Locomotive Expense 11,682 13,338 1,656 81,818 93,500 6,262 7,849 1,587
Employee Development & Training 2,455 2,455 0 17,545 20,000 1,747 1,745 (2)
Office Expenses 8,820 11,041 2,221 57,433 66,253 3,037 5,521 2,484
Information Technology 16,109 16,110 1 141,391 157,500 8,455 8,455 0
Contract Security 149,690 229,782 80,092 1,229,010 1,378,700 74,021 114,891 40,870
Other Security Expense 15,152 14,975 (177) 69,848 85,000 7,810 7,720 (90)
TWIC & ID Badging 490 834 344 4,510 5,000 260 417 157
Tenant Operating Costs 0 0 0 20,000 20,000 0 0 0
458,657 551,131 92,474 3,279,576 3,738,233 245,484 296,101 50,617
BUSINESS DEVELOPMENT:
Registration & Training Fees 4,795 4,795 0 30,205 35,000 (1,000) (1,000) 0
Community Affairs 2,398 2,398 0 36,602 39,000 1,648 1,648 0
Travel Expenses - Employees 3,359 3,355 (4) 21,641 25,000 1,537 1,535 (2)
Travel Expenses - Board 6,577 6,577 0 23,423 30,000 (324) (324) 0
Trade Development 11,519 10,191 (1,328) 53,981 65,500 1,100 948 (152)
Report Date: 1/3/201996 2 of 3 Report Time: 1:51 PM Port of Palm Beach District Analysis of Expenses - Summary Roll-Up For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance Dues & Subscriptions 21,307 21,240 (67) 56,193 77,500 4,889 4,825 (64)
Marketing 8,520 8,520 0 37,230 45,750 3,920 3,920 0
Website & Other 1,380 752 (628) 3,120 4,500 635 376 (259)
59,855 57,828 (2,027) 262,395 322,250 12,405 11,928 (477)
UTILITY SERVICES:
Water & Sewer 127,282 113,756 (13,526) 655,258 782,540 71,962 56,878 (15,084)
Electricity 65,448 68,000 2,552 342,552 408,000 34,299 34,000 (299)
Telephone Expense 22,838 23,802 964 119,962 142,800 11,025 11,901 876
215,568 205,558 (10,010) 1,117,772 1,333,340 117,286 102,779 (14,507)
RENEWAL & REPLACEMENT:
Renewal & Replacement Exp. 8,661 8,665 4 391,339 400,000 6,468 6,470 2
OTHER EXPENSES:
Miscellaneous Expenses 6,274 7,573 1,299 36,776 43,050 3,510 4,294 784
TOTAL EXPENSES 1,642,423 1,770,815 128,392 9,242,090 10,884,513 909,322 976,532 67,210
Report Date: 1/3/201997 3 of 3 Report Time: 1:51 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance FINANCE & I.T.
Salaries 124,732 132,715 7,983 565,383 690,115 75,700 79,629 3,929
F.I.C.A. Expense 8,370 9,913 1,543 43,180 51,550 4,991 5,948 957
Telephone 13,859 13,834 (25) 69,141 83,000 6,473 6,917 444
Computer Training/Consulting 1,188 1,190 2 55,812 57,000 0 0 0
Computer Maintenance 9,475 9,475 0 84,525 94,000 3,009 3,010 1
Postage 293 833 540 4,707 5,000 53 417 364
Office Maintenance 1,213 1,666 453 8,787 10,000 485 833 348
Records Storage 499 500 1 2,501 3,000 255 250 (5)
Computer Software & Supplies 5,446 5,445 (1) 1,054 6,500 5,446 5,445 (1)
Printing 1,349 1,666 317 8,651 10,000 143 833 690
Public Notice Publication 636 1,334 698 7,364 8,000 230 667 437
Miscellaneous - Office 5,108 5,110 2 10,442 15,550 3,385 3,385 0
Office Supplies 2,701 3,126 425 16,052 18,753 321 1,563 1,242
Total 174,869 186,807 11,938 877,599 1,052,468 100,491 108,897 8,406
Report Date: 1/3/201998 1 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance GENERAL MAINTENANCE
Salaries 92,185 103,562 11,377 446,335 538,520 55,929 62,137 6,208
Overtime 3,967 7,692 3,725 36,033 40,000 1,958 4,615 2,657
Overtime - Line Handling 2,563 5,770 3,207 27,437 30,000 2,290 3,462 1,172
F.I.C.A. Expense 7,256 8,952 1,696 39,294 46,550 4,425 5,371 946
Telephone 1,872 2,000 128 10,128 12,000 943 1,000 57
Water 115,309 100,000 (15,309) 584,691 700,000 65,971 50,000 (15,971)
Water - Maintenance Office 538 416 (122) 1,962 2,500 274 208 (66)
Stormwater Assessment 11,435 13,340 1,905 68,605 80,040 5,717 6,670 953
Electricity 21,010 22,500 1,490 113,990 135,000 10,605 11,250 645
Equipment Rental 0 0 0 15,000 15,000 0 0 0
Generator Supplies 6,603 6,600 (3) 8,397 15,000 0 0 0
Building & Grounds 9,397 9,395 (2) 60,603 70,000 7,682 7,680 (2)
Trash Removal 837 1,666 829 9,163 10,000 0 833 833
Uniforms 0 0 0 15,000 15,000 0 0 0
Gas & Oil 4,757 6,000 1,243 31,243 36,000 1,801 3,000 1,199
Supplies 2,898 4,166 1,268 22,102 25,000 1,240 2,083 843
Equipment Repair 5,381 5,380 (1) 24,619 30,000 4,292 4,290 (2)
Total 286,008 297,439 11,431 1,514,602 1,800,610 163,127 162,599 (528)
Report Date: 1/3/201999 2 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance SECURITY
Salaries 143,765 140,408 (3,357) 586,355 730,120 89,174 84,245 (4,929)
Overtime 7,236 9,808 2,572 43,764 51,000 2,820 5,885 3,065
F.I.C.A. Expense 10,946 11,487 541 48,779 59,725 6,667 6,893 226
Subscriptions 6,393 6,666 273 33,607 40,000 3,197 3,333 136
Security Equipment Repairs 4,974 4,975 1 20,026 25,000 2,718 2,720 2
Telephone 1,935 2,334 399 12,065 14,000 1,027 1,167 140
Uniforms 973 975 2 9,027 10,000 973 975 2
Identification Badging 490 834 344 4,510 5,000 260 417 157
Riviera Beach Police Presence 9,878 24,350 14,472 136,222 146,100 3,585 12,175 8,590
Contract Security - Cargo & TWIC 10,208 10,066 (142) 50,192 60,400 5,076 5,033 (43)
Miscellaneous - Security 370 834 464 4,630 5,000 50 417 367
Contract Security - Cruise 118,628 175,600 56,972 934,972 1,053,600 59,858 87,800 27,942
Contract Security - Parking 10,976 19,766 8,790 107,624 118,600 5,502 9,883 4,381
Radio Maintenance 3,785 3,334 (451) 16,215 20,000 1,895 1,667 (228)
Total 330,557 411,437 80,880 2,007,988 2,338,545 182,802 222,610 39,808 100 Report Date: 1/3/2019 3 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance RAILROAD
Salaries 8,653 5,962 (2,691) 22,347 31,000 4,611 3,577 (1,034)
Overtime 10,278 8,654 (1,624) 34,722 45,000 6,371 5,192 (1,179)
F.I.C.A. Expense 1,420 1,118 (302) 4,395 5,815 824 671 (153)
Locomotive Rental 0 0 0 2,500 2,500 0 0 0
Train Derailment 0 0 0 10,000 10,000 0 0 0
Locomotive Fuel & Oil 5,013 6,668 1,655 34,987 40,000 1,749 3,334 1,585
Track R&M Exp. 20,056 20,055 (1) 4,944 25,000 19,394 19,395 1
Locomotive Inspections 0 0 0 6,000 6,000 0 0 0
Locomotive R&M Exp. 6,669 6,670 1 28,331 35,000 4,513 4,515 2
Railroad Equipment 0 0 0 5,000 5,000 0 0 0
Miscellaneous 796 795 (1) 4,204 5,000 75 75 0
Total 52,885 49,922 (2,963) 157,430 210,315 37,537 36,759 (778) 101 Report Date: 1/3/2019 4 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance BUSINESS DEVELOPMENT
Salaries 77,600 80,401 2,801 340,490 418,090 46,342 48,240 1,898
Florida Retirement System 8,309 8,700 391 36,931 45,240 4,967 5,220 253
F.I.C.A. Expense 4,231 5,605 1,374 24,914 29,145 2,437 3,363 926
Miscellaneous 0 0 0 5,000 5,000 0 0 0
Website 1,380 584 (796) 2,120 3,500 635 292 (343)
Telephone Expense 574 918 344 4,926 5,500 284 459 175
Promotion 0 0 0 23,250 23,250 0 0 0
Trade Development 5,675 5,675 0 39,825 45,500 114 115 1
Trade Development - Dining 2,994 1,666 (1,328) 7,006 10,000 986 833 (153)
Travel Expenses 3,359 3,355 (4) 21,641 25,000 1,537 1,535 (2)
Travel Expenses - McArthur 0 0 0 6,000 6,000 0 0 0
Travel Expenses - Ciklin 0 0 0 6,000 6,000 0 0 0
Travel Expenses - Richards 3,120 3,120 0 2,880 6,000 0 0 0
Travel Expenses - Waldron 2,537 2,537 0 3,463 6,000 0 0 0
Travel Expenses - Enright 920 920 0 5,080 6,000 (324) (324) 0
Community Relations 880 880 0 28,120 29,000 880 880 0
Postage & Shipping 0 168 168 1,000 1,000 0 84 84
Trade Development - Sponsorships 2,850 2,850 0 7,150 10,000 0 0 0
Registration Fees 3,300 3,300 0 26,700 30,000 (1,000) (1,000) 0 102 Report Date: 1/3/2019 5 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance Membership Dues 17,065 17,065 0 45,435 62,500 4,105 4,105 0
Training 1,495 1,495 0 3,505 5,000 0 0 0
Subscriptions 3,776 3,710 (66) 6,224 10,000 694 630 (64)
Advertising 8,520 8,520 0 5,980 14,500 3,920 3,920 0
Publications 0 0 0 8,000 8,000 0 0 0
Total 148,585 151,469 2,884 661,640 810,225 65,577 68,352 2,775 103 Report Date: 1/3/2019 6 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance
ADMIN. & H.R.
Salaries - Commissioners 7,917 7,917 0 39,583 47,500 3,958 3,958 0
Salaries - Exec. Director & Staff 127,189 125,782 (1,407) 526,881 654,070 75,838 75,469 (369)
Contract Admin. Services 0 0 0 5,760 5,760 0 0 0
FICA Expense 7,778 9,557 1,779 41,917 49,695 4,541 5,734 1,193
Total 142,884 143,256 372 614,141 757,025 84,337 85,161 824 104 Report Date: 1/3/2019 7 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance LEGAL
Fees and Expenses 17,836 18,000 164 482,164 500,000 17,193 17,000 (193)
Total 17,836 18,000 164 482,164 500,000 17,193 17,000 (193) 105 Report Date: 1/3/2019 8 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance ENGINEERING
Retainer - CH2MHILL 2,000 2,000 0 10,000 12,000 1,000 1,000 0
Fees and Expenses 20,596 20,595 (1) 24,404 45,000 5,879 5,880 1
Total 22,596 22,595 (1) 34,404 57,000 6,879 6,880 1 106 Report Date: 1/3/2019 9 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance CONSULTING
Consultants - Governmental 6,000 6,000 0 33,000 39,000 3,000 3,000 0
Total 6,000 6,000 0 33,000 39,000 3,000 3,000 0 107 Report Date: 1/3/2019 10 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance SOUTHGATE COMPLEX
Buildings & Grounds 6,258 6,260 2 13,742 20,000 983 985 2
Janitorial Services & Supplies 266 584 318 3,234 3,500 127 292 165
Miscellaneous 0 0 0 2,500 2,500 0 0 0
Electric 4,906 6,666 1,760 35,094 40,000 2,551 3,333 782
Telephone 1,237 1,334 97 6,763 8,000 618 667 49
Trash Removal 695 700 5 3,505 4,200 79 350 271
HVAC Repairs & Maint. 1,632 1,630 (2) 3,368 5,000 1,632 1,630 (2)
Total 14,994 17,174 2,180 68,206 83,200 5,990 7,257 1,267 108 Report Date: 1/3/2019 11 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance GENERAL EXPENSE
Audit & Accounting Services 3,407 3,755 348 91,593 95,000 3,407 3,405 (2)
Transcription Services for Board Meetings 2,129 1,916 (213) 9,371 11,500 1,550 958 (592)
Bad Debt Expense 0 0 0 10,000 10,000 0 0 0
Unemployment Compensation 0 0 0 1,000 1,000 0 0 0
General Commercial Prop & Liab Insurance 67,026 65,512 (1,514) 326,054 393,080 33,561 32,756 (805)
Group Health / Dental / Vision 164,712 177,416 12,704 899,788 1,064,500 86,436 98,708 12,272
Employee Basic Life Insurance 2,727 2,800 73 14,073 16,800 1,354 1,400 46
Employee S/Term Disability Ins. 2,876 2,632 (244) 12,924 15,800 1,438 1,316 (122)
Florida Retirement System 51,380 55,480 4,100 237,070 288,450 30,634 33,290 2,656
Trustee Fees For Bonds 50 50 0 7,450 7,500 0 0 0
Drug-Free Workplace 200 200 0 1,800 2,000 90 90 0
Insurance Contingency 0 0 0 10,000 10,000 0 0 0
Membership Dues 466 465 (1) 4,534 5,000 90 90 0
Training 2,455 2,455 0 17,545 20,000 1,747 1,745 (2)
Ad Valorem Taxes 35 35 0 4,965 5,000 35 35 0
Miscellaneous 0 0 0 5,000 5,000 0 0 0
Total 297,463 312,716 15,253 1,653,167 1,950,630 160,342 173,793 13,451 109 Report Date: 1/3/2019 12 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance COMMUNITY OUTREACH
Community Grants - Waldron 100 100 0 1,900 2,000 100 100 0
Community Grants - Ciklin 150 150 0 1,850 2,000 100 100 0
Community Grants - Richards 100 100 0 1,900 2,000 100 100 0
Community Grants - McArthur 500 500 0 1,500 2,000 100 100 0
Community Grants -Enright 668 668 0 1,332 2,000 368 368 0
Total 1,518 1,518 0 8,482 10,000 768 768 0 110 Report Date: 1/3/2019 13 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance MARITIME OFFICE BUILDING
Buildings & Grounds 551 0 (551) (551) 0 276 0 (276)
Telephone - Elevator 298 0 (298) (298) 0 141 0 (141)
HVAC Repairs & Maint. 210 0 (210) (210) 0 105 0 (105)
Total 1,059 0 (1,059) (1,059) 0 522 0 (522) 111 Report Date: 1/3/2019 14 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance
CRUISE TERMINAL
Building & Grounds 7,935 7,935 0 77,065 85,000 3,414 3,415 1
Electric 8,584 10,834 2,250 56,416 65,000 4,399 5,417 1,018
Electric - Chiller Plant 8,421 5,000 (3,421) 21,579 30,000 4,764 2,500 (2,264)
Telephone 939 1,000 61 5,061 6,000 470 500 30
Telephone - Elevator 626 666 40 3,374 4,000 313 333 20
HVAC Repairs & Maintenance 4,420 4,420 0 45,580 50,000 2,793 2,795 2
Janitorial Services & Supplies 22,831 29,166 6,335 152,169 175,000 11,760 14,583 2,823
Window Cleaning 0 0 0 2,500 2,500 0 0 0
Total 53,756 59,021 5,265 363,744 417,500 27,913 29,543 1,630 112 Report Date: 1/3/2019 15 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance MARITIME OFFICE COMPLEX
Building & Grounds 18,306 18,305 (1) 56,694 75,000 9,567 9,565 (2)
Trash Removal 5,505 6,666 1,161 34,495 40,000 1,414 3,333 1,919
Electricity 9,896 15,834 5,938 85,104 95,000 4,834 7,917 3,083
Electric - Chiller Plant 12,631 7,166 (5,465) 30,369 43,000 7,146 3,583 (3,563)
Telephone 680 834 154 4,320 5,000 340 417 77
Telephone - Elevator 626 666 40 3,374 4,000 313 333 20
HVAC Repairs & Maintenance 12,380 12,380 0 37,620 50,000 9,050 9,050 0
Janitorial Services & Supplies 5,218 4,166 (1,052) 19,782 25,000 3,144 2,083 (1,061)
Window Cleaning 0 0 0 2,000 2,000 0 0 0
Total 65,242 66,017 775 273,758 339,000 35,808 36,281 473 113 Report Date: 1/3/2019 16 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance RENEWAL AND REPLACEMENT
Non-Capital Expenses: 0 8,665 8,665 400,000 400,000 0 6,470 6,470
Vehicle Replacement Exp. 1,655 0 (1,655) (1,655) 0 0 0 0
Computer Systems - non-capital 538 0 (538) (538) 0 0 0 0
Hurricane Irma Storm Repairs 6,468 0 (6,468) (6,468) 0 6,468 0 (6,468)
Total 8,661 8,665 4 391,339 400,000 6,468 6,470 2 114 Report Date: 1/3/2019 17 of 18 Report Time: 1:52 PM Port of Palm Beach District Analysis of Expenses - By Department For the Month and Two Months Ending Friday, November 30, 2018
Current Original Remaining Total November November Actual FY Budget FY YTD Original Original Current Original Monthly 2019 YTD 2019 YTD Variance Budget Budget Actual Budget Variance
OPERATIONS
Salaries - Operations 16,135 16,469 334 69,505 85,640 9,749 9,881 132
FICA Expense 1,183 1,260 77 5,372 6,555 715 756 41
Tenant Operations 0 0 0 20,000 20,000 0 0 0
Miscellaneous 0 834 834 5,000 5,000 0 417 417
Uniforms 0 0 0 500 500 0 0 0
Telephone 192 216 24 1,108 1,300 103 108 5
Total 17,510 18,779 1,269 101,485 118,995 10,567 11,162 595
Total Expenses 1,642,423 1,770,815 128,392 9,242,090 10,884,513 909,321 976,532 67,211 115 Report Date: 1/3/2019 18 of 18 Report Time: 1:52 PM Agenda Item No: F.2
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Daniel Kirchman Submitting Department: Finance Item Type: Financial Report Agenda Section: CONSENT AGENDA
Subject: Financial Reports for the months of October and November 2018 (FY 2019).
Background: Provided are Cargo Tonnage, TEU, Rail, Vessel, & Passenger Operating Statistics Reports and Customer Performance Summary for the months of October and November 2018 (FY 2019), and prior.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: Motion to approve the Cargo Reports and Customer Performance Summary for the months of October and November 2018 (FY 2019).
Attachments: (1) All Cargo Tonnage Report.pdf
(2) Cumulative Tonnage.pdf
(3) Customer Performance Summary.pdf
(1) All Cargo Tonnage Report.pdf
(2) Cumulative Tonnage.pdf
(3) Customer Performance Summary.pdf
116 PORT OF PALM BEACH DISTRICT ALL-CARGO TONNAGE REPORT OCTOBER 2018
OCT OCT Year To Date Year To Date 2018 Actual 2017 Actual Variance Oct '18 Oct '17 Variance CARGO TONNAGE (in short tons) General Cargo Container 112,363 118,131 (4.88%) 112,363 118,131 (4.88%) Break-bulk 8,856 6,159 43.79% 8,856 6,159 43.79% Trans-Shipment 5,908 3,860 53.06% 5,908 3,860 53.06% Sub-Total General Cargo 127,127 128,150 (0.80%) 127,127 128,150 (0.80%) Bulk and Dry Cargo Asphalt 0 7,165 (100.00%) 0 7,165 (100.00%) Diesel Fuel 15,019 11,995 25.21% 15,019 11,995 25.21% Utility Fuel Oil 0 0 0.00% 0 0 0.00% Miscellaneous 2,320 0 100.00% 2,320 0 100.00% Recyclable Steel 0 0 0.00% 0 0 0.00% Molasses 0 0 0.00% 0 0 0.00% Sugar 40,353 58,716 (31.27%) 40,353 58,716 (31.27%) Sub-Total Bulk and Dry Cargo 57,692 77,876 (25.92%) 57,692 77,876 (25.92%) TOTAL ALL CARGO 184,819 206,026 (10.29%) 184,819 206,026 (10.29%) Containers - 20-Foot (TEU) Inbound 13,804 10,415 32.54% 13,804 10,415 32.54% Outbound 12,165 12,453 (2.31%) 12,165 12,453 (2.31%) Trans-Shipment 504 373 35.12% 504 373 35.12% TOTAL TEUs 26,473 23,241 13.91% 26,473 23,241 13.91% Rail Cars In 850 741 14.71% 850 741 14.71% Rail Cars Out 846 737 14.79% 846 737 14.79% Vessels (cargo) 112 104 7.69% 112 104 7.69% Vessels (multi-day cruise) 16 0 100.00% 16 0 100.00% Passengers Multi-Day Cruise 23,629 0 100.00% 23,629 0 100.00% Other (includes in-transit) 0 0 0.00% 0 0 0.00% TOTAL PASSENGERS 23,629 0 100.00% 23,629 0 100.00% 117
NOTE: Tonnage represents cargo operations for vessels which have sailed during the month.
11/30/2018 PORT OF PALM BEACH DISTRICT CUMULATIVE ALL CARGO TONNAGE FY 2019
Fiscal Year Oct 18 - Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Sep 19 CARGO TONNAGE (in short tons) General Cargo Container 112,363 112,363 Break-bulk 8,856 8,856 Trans-Shipment 5,908 5,908 Sub-Total General Cargo 127,127 ------127,127
Bulk and Dry Cargo Asphalt - Diesel Fuel 15,019 15,019 Utility Fuel Oil - Miscellaneous 2,320 2,320 Recyclable Steel - Molasses - Sugar 40,353 40,353 Sub-Total Bulk and Dry Cargo 57,692 ------57,692
TOTAL ALL CARGO 184,819 ------184,819
Containers - 20-Foot (TEU) Inbound 13,804 13,804 Outbound 12,165 12,165 Trans-Shipment 504 504 TOTAL TEUs 26,473 ------26,473
Rail Cars (total) 1,696 1,696
Vessels (cargo) 112 112 Vessels (Multi-Day) 16 16
Passengers Multi-Day 23,629 23,629 Other (includes in transit) - TOTAL PASSENGERS 23,629 ------23,629
118 PORT OF PALM BEACH DISTRICT CUSTOMER PERFORMANCE SUMMARY OCTOBER 2018
ALL CUSTOMERS TROPICAL SHIPPING CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD TONNAGE 184,819 184,819 206,026 REVENUE $ 1,216,408 $ 1,216,408 $ 818,519 TEUS 26,473 26,473 23,241 REVENUE $ 464,151 $ 464,151 $ 427,307 TONNAGE 115,800 115,800 119,375 RENTS 374,853 374,853 357,688 RAILCARS 1,696 1,696 1,478 RENTS 128,204 128,204 112,830 TEUS 25,787 25,787 22,708 TOTAL $ 1,591,261 $ 1,591,261 $ 1,176,207 PASSENGERS 23,629 23,629 0 TOTAL $ 592,355 $ 592,355 $ 540,137 RAILCARS 1,692 1,692 1,478
MULTI-DAY CRUISE (including parking) FLORIDA SUGAR AND MOLASSES CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD
REVENUE-NET $ 435,120 $ 435,120 $ 105,000 TONNAGE 0 0 0 REVENUE $ 73,453 $ 73,453 $ 79,047 TONNAGE 40,353 40,353 58,716 RENTS 12,000 12,000 5,389 CARS 3,147 3,147 0 RENTS 17,911 17,911 19,922 TEUS 0 0 0 TOTAL $ 447,120 $ 447,120 $ 110,389 PASSENGERS 23,629 23,629 0 TOTAL $ 91,364 $ 91,364 $ 98,969 RAILCARS 0 2 0
TEETERS SOUTH FLORIDA MATERIALS/VALERO CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD
REVENUE $ 54,560 $ 54,560 $ 34,618 TONNAGE 4,782 4,782 2,695 REVENUE $ 20,976 $ 20,976 $ 23,152 TONNAGE 15,019 15,019 19,161 RENTS 22,934 22,934 26,565 TEUS 210 210 148 RENTS 2,996 2,996 2,960 TEUS 0 0 0 TOTAL $ 77,494 $ 77,494 $ 61,183 VEHICLES 1,261 1,261 513 TOTAL $ 23,972 $ 23,972 $ 26,112 RAILCARS 0 0 0
GULFSTREAM T PARKER HOST CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD YTD YTD MONTH YTD YTD
REVENUE $ 30,899 $ 30,899 $ 23,507 TONNAGE 8,135 8,135 3,543 REVENUE $ 15,709 $ 15,709 $ 28,139 TONNAGE 527 527 1,101 RENTS 17,896 17,896 15,125 TEUS 476 476 321 RENTS 431 431 419 TEUS 0 0 6 TOTAL $ 48,795 $ 48,795 $ 38,632 RAILCARS 0 0 0 TOTAL $ 16,140 $ 16,140 $ 28,558 RAILCARS 0 0 0
STONEROCK CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MINIMUM GUARANTEES ADDITIONAL RENTS CURRENT YEAR PRIOR CURRENT YEAR PRIOR REVENUE $ 28,386 $ 28,386 $ 25,833 TONNAGE 0 0 0 UNIT YTD YTD MONTH YTD YTD RENTS 17,948 17,948 16,333 TEUS 0 0 0 MERCHANTS $ 34,122 $ 34,122 $ 28,170 TOTAL $ 46,334 $ 46,334 $ 42,166 RAILCARS 0 0 0 CEMEX(USA) 150,000 st $ 151,500 GSA 40,685 40,685 40,557 So. FL Materials 800,000 bbl - - CBS 10,158 10,158 9,959 TOTAL $ - $ 151,500 CHENEY 7,931 7,931 7,931 PORT CONTRACTORS SHAMBA - - 18,766 CURRENT YEAR PRIOR CURRENT YEAR PRIOR ALL OTHER 54,379 54,379 45,691 MONTH YTD YTD MONTH YTD YTD $ 147,275 $ 147,275 $ 151,074
REVENUE $ 21,922 $ 21,922 $ 10,575 TONNAGE 19 19 1,158 RENTS 7,258 7,258 7,071 TEUS 0 0 58 TOTAL $ 29,180 $ 29,180 $ 17,646 RAILCARS 0 0 0
119 PORT OF PALM BEACH DISTRICT ALL-CARGO TONNAGE REPORT NOVEMBER 2018
NOV NOV Year To Date Year To Date 2018 Actual 2017 Actual Variance Oct '18 - Nov '18 Oct '17 - Nov '17 Variance CARGO TONNAGE (in short tons) General Cargo Container 106,219 117,208 (9.38%) 218,582 235,339 (7.12%) Break-bulk 7,730 8,867 (12.82%) 16,586 15,026 10.38% Trans-Shipment 5,950 4,882 21.88% 11,858 8,742 35.64% Sub-Total General Cargo 119,899 130,957 (8.44%) 247,026 259,107 (4.66%) Bulk and Dry Cargo Asphalt 17,087 7,079 141.38% 17,087 14,244 19.96% Diesel Fuel 0 13,451 (100.00%) 15,019 25,446 (40.98%) Utility Fuel Oil 0 0 0.00% 0 0 0.00% Miscellaneous 2,205 0 100.00% 4,525 0 100.00% Recyclable Steel 16,204 0 100.00% 16,204 0 100.00% Molasses 20,946 0 100.00% 20,946 0 100.00% Sugar 29,000 58,716 (50.61%) 69,353 117,432 (40.94%) Sub-Total Bulk and Dry Cargo 85,442 79,246 7.82% 143,134 157,122 (8.90%) TOTAL ALL CARGO 205,341 210,203 (2.31%) 390,160 416,229 (6.26%) Containers - 20-Foot (TEU) Inbound 9,566 11,903 (19.63%) 23,370 22,318 4.71% Outbound 12,241 12,558 (2.52%) 24,406 25,011 (2.42%) Trans-Shipment 470 496 (5.24%) 974 869 12.08% TOTAL TEUs 22,277 24,957 (10.74%) 48,750 48,198 1.15% Rail Cars In 908 805 12.80% 1,758 1,546 13.71% Rail Cars Out 907 814 11.43% 1,753 1,551 13.02% Vessels (cargo) 111 118 (5.93%) 223 222 0.45% Vessels (multi-day cruise) 15 0 100.00% 31 0 100.00% Passengers Multi-Day Cruise 28,254 0 100.00% 51,883 0 100.00% Other (includes in-transit) 0 0 0.00% 0 0 0.00% TOTAL PASSENGERS 28,254 0 100.00% 51,883 0 100.00%
NOTE: Tonnage represents cargo operations for vessels which have sailed during the month. 120
12/21/2018 PORT OF PALM BEACH DISTRICT CUMULATIVE ALL CARGO TONNAGE FY 2019
Fiscal Year Oct 18 - Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Sep 19 CARGO TONNAGE (in short tons) General Cargo Container 112,363 106,219 218,582 Break-bulk 8,856 7,730 16,586 Trans-Shipment 5,908 5,950 11,858 Sub-Total General Cargo 127,127 119,899 ------247,026
Bulk and Dry Cargo Asphalt 17,087 17,087 Diesel Fuel 15,019 15,019 Utility Fuel Oil - Miscellaneous 2,320 2,205 4,525 Recyclable Steel 16,204 16,204 Molasses 20,946 20,946 Sugar 40,353 29,000 69,353 Sub-Total Bulk and Dry Cargo 57,692 85,442 ------143,134
TOTAL ALL CARGO 184,819 205,341 ------390,160
Containers - 20-Foot (TEU) Inbound 13,804 9,566 23,370 Outbound 12,165 12,241 24,406 Trans-Shipment 504 470 974 TOTAL TEUs 26,473 22,277 ------48,750
Rail Cars (total) 1,696 1,815 3,511
Vessels (cargo) 112 111 223 Vessels (Multi-Day) 16 15 31
Passengers Multi-Day 23,629 28,254 51,883 Other (includes in transit) - TOTAL PASSENGERS 23,629 28,254 ------51,883
121 PORT OF PALM BEACH DISTRICT CUSTOMER PERFORMANCE SUMMARY NOVEMBER 2018
ALL CUSTOMERS TROPICAL SHIPPING CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD TONNAGE 205,341 390,160 416,229 REVENUE $ 1,262,816 $ 2,479,223 $ 1,751,473 TEUS 22,277 48,750 49,733 REVENUE $ 444,550 $ 908,701 $ 868,294 TONNAGE 110,506 226,307 239,138 RENTS 378,137 752,990 732,590 RAILCARS 1,815 3,511 3,097 RENTS 128,204 256,408 225,661 TEUS 21,801 47,588 48,631 TOTAL $ 1,640,953 $ 3,232,213 $ 2,484,063 PASSENGERS 28,254 51,883 0 TOTAL $ 572,754 $ 1,165,109 $ 1,093,955 RAILCARS 1,802 3,494 3,093
MULTI-DAY CRUISE (including parking) FLORIDA SUGAR AND MOLASSES CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD
REVENUE-NET $ 445,105 $ 880,227 $ 210,000 TONNAGE 0 0 0 REVENUE $ 69,617 $ 143,070 $ 171,728 TONNAGE 49,946 90,299 117,432 RENTS 12,000 23,999 10,779 CARS 3,825 6,972 0 RENTS 19,387 37,298 39,843 TEUS 0 0 0 TOTAL $ 457,105 $ 904,226 $ 220,779 PASSENGERS 28,254 51,883 0 TOTAL $ 89,004 $ 180,368 $ 211,572 RAILCARS 0 0 0
TEETERS SOUTH FLORIDA MATERIALS/VALERO CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD MONTH YTD YTD
REVENUE $ 48,854 $ 103,413 $ 104,815 TONNAGE 3,065 7,848 5,654 REVENUE $ 26,633 $ 47,609 $ 45,186 TONNAGE 17,088 32,107 39,691 RENTS 19,891 42,825 57,150 TEUS 128 338 313 RENTS 3,255 6,252 5,957 TEUS 0 0 0 TOTAL $ 68,745 $ 146,238 $ 161,965 VEHICLES 991 2,252 1,378 TOTAL $ 29,888 $ 53,861 $ 51,142 RAILCARS 9 9 0
GULFSTREAM T PARKER HOST CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD YTD YTD MONTH YTD YTD
REVENUE $ 32,428 $ 63,328 $ 47,942 TONNAGE 6,841 14,976 7,977 REVENUE $ 23,299 $ 39,007 $ 62,375 TONNAGE 1,002 1,529 3,747 RENTS 20,121 38,017 36,500 TEUS 339 815 721 RENTS 431 862 839 TEUS 0 0 6 TOTAL $ 52,549 $ 101,345 $ 84,442 RAILCARS 2 2 4 TOTAL $ 23,730 $ 39,869 $ 63,214 RAILCARS 0 0 0
STONEROCK CURRENT YEAR PRIOR CURRENT YEAR PRIOR MONTH YTD YTD MONTH YTD YTD MINIMUM GUARANTEES ADDITIONAL RENTS CURRENT YEAR PRIOR CURRENT YEAR PRIOR REVENUE $ 56,801 $ 85,186 $ 51,667 TONNAGE 16,204 16,204 0 UNIT YTD YTD MONTH YTD YTD RENTS 17,948 35,895 32,667 TEUS 0 0 0 MERCHANTS $ 35,146 $ 70,291 $ 68,244 TOTAL $ 74,749 $ 121,081 $ 84,333 RAILCARS 0 0 0 CEMEX(USA) 150,000 st $ 151,500 GSA 40,685 81,370 81,115 So. FL Materials 800,000 bbl - - CBS 10,158 20,315 19,918 TOTAL $ - $ 151,500 CHENEY 7,931 15,862 15,862 PORT CONTRACTORS SHAMBA - - 37,532 CURRENT YEAR PRIOR CURRENT YEAR PRIOR ALL OTHER 55,722 109,079 86,380 MONTH YTD YTD MONTH YTD YTD $ 149,642 $ 296,917 $ 309,051
REVENUE $ 11,779 $ 33,701 $ 25,740 TONNAGE 291 310 2,093 RENTS 7,258 14,517 14,143 TEUS 9 9 62 TOTAL $ 19,037 $ 48,218 $ 39,883 RAILCARS 0 0 0
122 Agenda Item No: F.3
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Daniel Kirchman Submitting Department: Finance Item Type: Cash & Investments Agenda Section: CONSENT AGENDA
Subject: Cash and Investments for October and November 2018 (FY 2019).
Background: Provided are the Cash and Investment Reconciled Bank Balances, FDOT Seaport Grants, and American Express Monthly Statement – October and November 2018 (FY 2019).
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: Motion to approve the Cash Balances and Cash Flow Summaries, FDOT Seaport Grants, and American Express Monthly Statement – October and November 2018 (FY 2019).
Attachments: (1) Cash Balances - Unrestricted vs Restricted.pdf
(2) FDOT Seaport Grants.pdf
(3) AmEx Chgs -Oct. 2018.pdf
(1) Cash Balances - Unrestricted vs Restricted.pdf
(2) FDOT Seaport Grants.pdf
(3) AmEx Chgs -Nov. 2018.pdf
123 PORT OF PALM BEACH DISTRICT CASH BALANCES OCTOBER 31, 2018
UNRESTRICTED CASH:
Operating Accounts $ 12,988,035 Petty Cash 1,550 Total Unrestricted Cash$ 12,989,585
RESTRICTED CASH:
Board Restricted Capital Improvement: FDOT Seaport Grant Match Projects (1)$ 7,755,142 Less: Grant Receivable$ (730,766) Net Grants$ 7,024,377
Other Capital Improvement$ 951,678 Total Capital Improvement - Board Designated$ 7,976,055
Total Unrestricted and Board Designated Cash$ 20,965,640
Renewal and Replacement: Cruise Terminal Infrastructure Fee$ 222,477 Other Renewal and Replacement$ 989,868 Total Renewal and Replacement$ 1,212,345
Port Development $ 741,715 Deposits and Other $ 375,000 Total Bond Covenant and Other Restricted Cash$ 2,329,060
Bond Restricted - Debt Service Reserve for Revenue Bonds$ 4,370,836 Sinking Fund Bond Escrows for P&I$ 752,749 Total Debt Service Restricted Cash$ 5,123,585
TOTAL RESTRICTED CASH $ 7,452,645
TOTAL CASH $ 28,418,285
(1) - See list of active FDOT Grant projects.
124 Port of Palm Beach - FDOT Seaport Grants
Port's Current Match FDOT Project Contract Project Execution Expiration Matching Total FDOT Total FDOT Original Port Requirement @ No. No. Description Date Date Ratio Grant Funding Match 10/31/18 STATUS 50 / 50 Front End Funding 422827-1-94-02 AR857 Berth 17 - BOND 12/04/13 12/04/18 Funded $ 9,202,000 $ 4,601,000 $ 4,601,000 $ - completed
Berth 17 - JPA & SJPA Open & under 422827-1-94-03 G0995 Non-Bond 04/01/16 12/31/19 50 / 50 $ 3,000,000 $ 1,500,000 $ 1,500,000 $ 1,062,514 construction
MOB Demo. & Cargo Laydown Capacity Improv. - Funding 439974-1-94-01 G0E90 Design & Permit 05/26/17 12/31/19 50 / 50$ 340,000 $ 170,000 $ 170,000 $ - completed
MOB Demo. & Upland Cargo Open & Under 440705-1-94-01 G0O78 Improvement 08/28/17 12/31/19 50 / 50$ 4,000,000 $ 2,000,000 $ 2,000,000 $ 1,882,120 construction
Tropical Shipping Project delayed Reefer Line until MOB 435033-1-94-01 ARJ70 Expansion 07/29/14 12/31/19 50 / 50$ 550,000 $ 275,000 $ 275,000 $ 275,000 demolition
On Port Rail Open & Under 436215-1-94-01 ARL88 Facility Expansion 09/22/14 12/31/19 50 / 50$ 9,735,248 $ 4,867,624 $ 4,867,624 $ 4,259,592 construction
Open & in 434833-1-94-01 ARS49 Berth 1 Expansion 03/06/15 12/31/19 50 / 50$ 769,000 $ 384,500 $ 384,500 $ 275,916 planning phase Port of Palm Beach - FDOT Seaport Grants $ 7,755,142 125 PORT OF PALM BEACH DISTRICT AMERICAN EXPRESS MONTHLY STATEMENT ENDING ON 10/28/18
BUSINESS DEVELOPMENT FUND:
VALPOVINA TURISMO-SHUTTLE TRANSFER FROM VINA DEL MAR TO SANTIAGO AIRPORT FOR AAPA EVENT-SANTIAGO, CHILE$ 122.09 NORTH PBC CHAMBER PALM BEACH-1 TKT FOR COMMISSIONER MCARTHUR FOR BUSINESS BEFORE HOURS EVENT ON 10/24/18$ 30.00 DELTA AIRLINES-REFUND FOR SEAT PURCHASE FOR JEAN ENRIGHT $ (74.99) PALM BEACHES CHAMBER-2 TKTS FOR COMMISSIONER CIKLIN AND A GUEST FOR NETWORK FOR A CAUSE EVENT ON 10/17/18$ 30.00 ECONOMIC FORUM OF PALM BEACH-2 TKTS FOR COMMISSIONER WALDRON AND A GUEST FOR MEET AND MINGLE ON 10/17/18$ 110.00 ENTERPRISE FLORIDA-1 REGISTRATION FOR EXPORT SALES MISSION TO DOMINICAN REPUBLIC FOR COMMISSIONER WALDRON$ 500.00 EXPEDIA-FEE FOR COMMISSIONER WALDRON FLIGHT TO SANTO DOMINGO, DR FOR EXORT SALES MISSION TO DOMINICAN REPUBLIC$ 1.54 JETBLUE-FLIGHT FOR COMMISSIONER WALDRON TO SANTO DOMINGO, DR FOR EXPORT SALES MISSION TO DOMINICAN REPUBLIC$ 220.13 SPIRIT-FLIGHT FOR COMMISSIONER WALDRON TO SANTO DOMINGO, DR FOR EXPORT SALES MISSION TO DOMINICAN REPUBLIC$ 114.50 NORTH PBC CHAMBER-2 RESERVATIONS FOR 2 NIGHTS FOR NOVEMBER 13-15 FOR COMMISSIONER WALDRON FOR EXPORT SALES MISSION$ 60.00 SUNPASS-FLL AIRPORT PARKING-BREAKBULK 2018 IN HOUSTON TEXAS ON 10/2/18-10/4/18 $ 45.00 ADOBE- MONTHLY SUBSCRIPTION FEE $ 52.99 FASTSIGNS-NAME BADGES FOR STAFF $ 100.57 NORTHERN PBC CHAMBER PALM BEACH-1 TKT FOR AIDY ALONZO TO ATTEND BUSINESS EXPO ON 10/9/18$ 35.00 SUN SENTINEL- MONTHLY SUBSCRIPTION FEE $ 15.96 PADDLE.NET*SNAPWIDGET-ANNUAL CHARGE FOR WIDGET ON HOME PAGE OF PORT WEBSITE THAT DISPLAYS INSTAGRAM FEED$ 110.00 FASTSIGNS-VINYL DISPLAY BANNER WITH LOGO, 10 FT X 4 FT $ 184.31 LONG BEACH YELLOW CAB-AAPA TRAINING AIRPORT TO HOTEL $ 27.60 SPIRIT AIRLINES-BAGGAGE FEE-AAPA TRAINING -J. KACZWARA $ 40.00 LONG BEACH YELLOW CAB-AAPA TRAINING HOTEL TO AIRPORT-J. KACZWARA $ 81.90 WESTIN LONG BEACH-HOTEL ROOM FOR AAPA TRAINING-J. KACZWARA $ 1,146.20 ENTERPRISE FLORIDA-1 REGISTRATION FOR EXPORT SALES MISSION TO DOMINICAN REPUBLIC -J. KACZWARA$ 500.00 EXPEDIA-BOOKING FEE-SALES MISSION DOMINICAN REPUBLIC-J. KACZWARA $ 1.54 JET BLUE-RETURN FLIGHT FROM SALES MISSION IN DOMINICAN REPUBLIC-J. KACZWARA$ 220.13 SPIRIT ARLINES-FLIGHT TO SALES MISSION IN DOMINICAN REPUBLIC-J. KACZWARA $ 114.50 SPIRIT ARLINES-BAGGAGE FEE FOR THE SALES MISSION IN DOMINICAN REPUBLIC-J. KACZWARA$ 47.00 SAILFISH MARINA-LUNCH MEETING W/ CLARK BENNETT/SPECTRUM MUNICIPAL SERV. DISCUSSED FY 19 FIN. EXPECTIONS-P. ZIELINSKI$ 42.00 FRIGATE'S WATERFRONT-BREAKFAST WITH COMM. MCARTHUR - DISCUSSED CITY OF R.B. PERMIT DELAY & DEV. STRATEGY- M. ALMIRA$ 38.90 TOOJAYS-F&B SPAIN CoC EVENT 10/10/18 $ 211.75 TOOJAYS-LUNCH FOR HAITI DELEGATION $ 700.75 UBER TRANSPORTATION-BREAKBULK CONF. IN HOUSTON TEXAS ON 10/2/18 - 10/4/18 FOR PORT STAFF$ 42.07 UBER TRANSPORTATION-BREAKBULKCONF. IN HOUSTON TEXAS ON 10/2/18 - 10/4/18 FOR PORT STAFF$ 10.25 UBER TRANSPORTATION-BREAKBULK CONF. IN HOUSTON TEXAS ON 10/2/18 - 10/4/18 FOR PORT STAFF$ 34.11 DOUBLETREE-HOTEL ROOM FOR T. JONES-ANDERSON-BREAKBULK CONF. IN HOUSTON, TEXAS 10/2/18 - 10/4/18$ 431.74 DOUBLETREE-HOTEL ROOM FOR J. MACHADO-BREAKBULK CONF. IN HOUSTON, TEXAS 10/2/18 - 10/4/18$ 431.74 SHEPARD LOGISTICS EXPO-REFUND FOR SHIPPING DISC.-BREAKBULK CONF. IN HOUSTON, TEXAS 10/2/18 - 10/4/18$ (16.75) CHECK # 6268 - 11/15/18 $ 5,762.53
OPERATIONS AND MAINTENANCE FUND:
AMAZON.COM-2 OTTERBOX CASES FOR COMM. IPADS $ 99.98 AMAZON.COM- OTTERBOX DEFENDER IPHONE CASE FOR M. ALMIRA $ 21.24 AMAZON.COM-ZAGG SCREEN PROTETORS (2)-V. HOWARD AND STOCK $ 25.87 WALGREENS-CANDY FOR EXECUTIVES $ 7.47 WALGREENS-DIET PEPSI FOR MEETINGS $ 6.41 PUBLIX-CRACKERS FOR 10/10 SPAIN CoC EVENT AT PORT $ 5.00 AMAZON.COM-APPLE ACCESSORIES RESTOCK & STEMS FOR AL FAWCETT $ 81.92 AMAZON.COM-CANDY FOR FRONT RECEPTION $ 36.01 AMAZON.COM-(3) OTTERBOX DEFENDER IPHONE 6/6S CASES $ 98.97 ABSOLUTE PARTY RENTAL-TABLE CLOTHS (2 OBLONG, 7 ROUND) $ 169.24 AMAZON.COM-APPLE IPHONE CHARGERS (6) & A/F LOBBY $ 26.78 MICHAELS-3 FRAMES FOR SERVICE AWARDS FOR COMMISSION MEETING $ 24.00 CVS PHARMACY-2 GIFCARDS FOR 10 AND 5 YEAR SERVICE AWARDS FOR PORT EMPLOYEES $ 83.90 MICHAELS-2 FRAMES FOR RESOLUTION AND SERVICE AWARD AND 1 BORDER FOR RESOLUTION$ 34.98 DELUXE-POPB DEPOSIT SLIPS-REVENUE ACCOUNT $ 252.70 FICPA.ORG-ANNUAL MEMBERSHIP DUES 7/1/18-7/30/19 FOR D. KIRCHMAN $ 335.00 BATTERIES PLUS BULBS-6 DURACELL BATTERIES FOR MOC & SOUTHGATE FIRE PANELS $ 221.70 INDUSTRIAL SAFETY-2 OCCUNOMIX SAFETY VESTS AND 1 STEARNS FLOTATION VEST FOR PORT ENGINEER USE$ 74.64 SIMPLISAFE.COM- MONTHLY SUBSCRIPTION FOR SECURITY SYSTEM ON PEANUT ISLAND $ 24.99 ALI-GATOR TIRE, INC-DISMOUNT/MOUNT 4 TIRES $ 40.00 KNOX COMPANY-KNOX BOX USED FOR FIRE DEPARTMENT WHEN THEY NEED TO ARRIVE $ 404.00 DEE'S FLORIST-FLOWER ARRANGEMENT TO SEND TO HOSPITAL FOR PORT STAFF RICK PLACERES$ 96.30 SIMPLISAFE.COM- MONTHLY SUBSCRIPTION FOR SECURITY SYSTEM ON PEANUT ISLAND $ 24.99 GRAINGER-6 (50 PK) BADGE HOLDERS-ID OFFICE/GATE 2 $ 137.46 LABEL MASTER-2 (4 PK) OF 25 FLAMMABLE LIQUID PLACARD $ 224.72 TOTALLY PROMOTIONAL-RETRACTABLE BADGE CLIPS TO BE USED WITH BADGE HOLDERS$ 93.00 CHECK # 21864 - 11/15/18 $ 2,651.27
THE ABOVE CHARGES WERE THROUGH THE MONTHLY STATEMENT ENDING ON 10/28/18.
126 PORT OF PALM BEACH DISTRICT CASH AND INVESTMENTS NOVEMBER 30, 2018
UNRESTRICTED CASH:
Money Market Fund Sweep Account$ 10,483,847
Operating Accounts $ 2,957,308 Petty Cash 1,550 Total Unrestricted Cash$ 2,958,858
BOARD DESIGNATED CASH:
Capital Improvement: FDOT Seaport Grant Match Projects (1)$ 7,598,903 Less: Grant Receivable$ (887,006) Net Grants$ 6,711,897
Other Capital Improvement$ 995,359 Total Capital Improvement - Board Designated$ 7,707,256
Total Unrestricted and Board Designated Cash$ 21,149,961
RESTRICTED CASH:
Renewal and Replacement: Cruise Terminal Infrastructure Fee$ 236,935 Other Renewal and Replacement$ 1,019,862 Total Renewal and Replacement$ 1,256,797
Port Development $ 803,261 Deposits and Other $ 375,000 Total Bond Covenant and Other Restricted Cash$ 2,435,059
Bond Restricted - Debt Service Reserve for Revenue Bonds$ 4,378,210 Sinking Fund Bond Escrows for P&I$ 1,085,849 Total Debt Service Restricted Money Market Funds$ 5,464,059
TOTAL RESTRICTED CASH $ 7,899,118
TOTAL CASH AND INVESTMENTS$ 29,049,079
(1) - See list of active FDOT Grant projects.
127 Port of Palm Beach - FDOT Seaport Grants
Port's Current Match FDOT Project Contract Project Execution Expiration Matching Total FDOT Total FDOT Original Port Requirement @ No. No. Description Date Date Ratio Grant Funding Match 11/30/18 STATUS 50 / 50 Front End Funding 422827-1-94-02 AR857 Berth 17 - BOND 12/04/13 12/04/18 Funded $ 9,202,000 $ 4,601,000 $ 4,601,000 $ - completed
Berth 17 - JPA & SJPA Open & under 422827-1-94-03 G0995 Non-Bond 04/01/16 12/31/19 50 / 50 $ 3,000,000 $ 1,500,000 $ 1,500,000 $ 1,062,514 construction
MOB Demo. & Cargo Laydown Capacity Improv. - Funding 439974-1-94-01 G0E90 Design & Permit 05/26/17 12/31/19 50 / 50$ 340,000 $ 170,000 $ 170,000 $ - completed
MOB Demo. & Upland Cargo Open & Under 440705-1-94-01 G0O78 Improvement 08/28/17 12/31/19 50 / 50$ 4,000,000 $ 2,000,000 $ 2,000,000 $ 1,725,881 construction
Tropical Shipping Project delayed Reefer Line until MOB Demo. 435033-1-94-01 ARJ70 Expansion 07/29/14 12/31/19 50 / 50$ 550,000 $ 275,000 $ 275,000 $ 275,000 & Cargo Improv.
On Port Rail Open & Under 436215-1-94-01 ARL88 Facility Expansion 09/22/14 12/31/19 50 / 50$ 9,735,248 $ 4,867,624 $ 4,867,624 $ 4,259,592 construction
Open & in 434833-1-94-01 ARS49 Berth 1 Expansion 03/06/15 12/31/19 50 / 50$ 769,000 $ 384,500 $ 384,500 $ 275,916 planning phase Port of Palm Beach - FDOT Seaport Grants $ 7,598,903 128 PORT OF PALM BEACH DISTRICT AMERICAN EXPRESS MONTHLY STATEMENT ENDING ON 11/28/18
BUSINESS DEVELOPMENT FUND:
JETBLUE AIRWAYS-CHARGE ON AMEX THAT WASN'T VALID AND WAS CREDITED ON BACK ON 12/13/18 - J. KACZWARA$ 1,537.03 ENTERPRISE-CREDIT-EXPORT SALES MISSION TO DOMINICAN REPUBLIC - J. KACZWARA $ (500.00) CARMINES LA TRATTORI-LUNCH W/KAREN EMERY TO SEE VENUE FOR COMMISSIONER PEYTON MCARTHUR'S RETIREMENT$ 59.76 PAYPAL *NAVYLEAGUE-2 TICKETS FOR COMMISSIONER ENRIGHT AND A GUEST FOR NAVY LEAGUE PALM BEACH COUNCIL LUNCHEON$ 90.00 FORUM CLUB OF THE PALM BEACHES-TABLE PURCHASE $ 450.00 NORTH PBC CHAMBER-2 TICKETS FOR COMMISSIONER CIKLIN AND A GUEST FOR 2018 HOLIDAY MIXER & TOY DRIVE$ 30.00 ENTERPRISE-CREDIT-REFUND FOR REGISTRATION FOR COMMISSIONER WALDRON FOR EXPORT SALES MISSION TO DOMINICAN REPUBLIC$ (500.00) DELTA AIR LINES-REFUND FOR FLIGHT TO CHILE FOR COMMISSIONER ENRIGHT $ (1,244.41) DELTA AIR LINES-REFUND FOR SEAT CHANGE OF FLIGHT TO CHILE FOR COMMISSIONER ENRIGHT$ (74.99) EB*BLACK AND GOLD-2 TICKETS FOR COMMISSIONER ENRIGHT AND A GUEST FOR BLACK AND GOLD BALL$ 268.48 HOTEL ST PAUL-HOTEL ROOM RESERVATION FOR AAPA EVENT FOR COMMISSIONER JOSEPH ANDRSON$ 995.30 HOTEL ST PAUL-HOTEL ROOM RESERVATION FOR AAPA EVENT FOR COMMISSIONER JEAN ENRIGHT$ 995.30 SHEPARD LOGISTICS-RETURN SHIPPING OF PROMOTIONAL ITEMS FOR 2018 BREAKBULK IN HOUSTON TEXAS$ 114.30 ADOBE- MONTHLY SUBSCRIPTION FEE $ 52.99 UNITED WAY PALM BEACH-1 TICKET FOR AIDY ALONZO TO ATTEND BREAKFAST OF CHAMPIONS AND VOLUNTEER EVENT 9/26/18$ 55.00 THE GALLERY COLLECTION-HOLIDAY CARDS $ 645.32 SUN SENTINEL- MONTHLY SUBSCRIPTION FEE $ 15.96 FASTSIGNS-LOGO BANNER FOR BERTH 17 RIBBON CUTTING CEREMONY HELD ON 11/26/18$ 220.84 MICHAELS-LARGE SCISSORS FOR BERTH 17 RIBBON CUTTING CEREMONY HELD 11/26/18 $ 13.37 LABAMBA-LUNCH W/JENNIFER CONNORS, OF CBP. DISCUSSED SEVERAL ITEMS INCLUDING CTPA CLARIFICATIONS$ 28.06 BJ'S RESTAURANTS-LUNCH W/ERIC CALL, DIR OF PARKS & RECS, PB COUNTY AND KEN HERN. DISCUSSED UPCOMING PEANUT ISLAND MOU $ 70.69 PUBLIX-FRUIT FOR BERTH 17 RIBBON CUTTING $ 13.45 PANERA BREAD-BERTH 17 ROBBON CUTTING $ 188.92 CHECK # 6276 - 12/21/18 $ 3,525.37
OPERATIONS AND MAINTENANCE FUND:
AMAZON.COM-GIS TUTORIAL 1 FOR ARCGIS PRO: A PLATFORM WORKBOOK-C. BAKER $ 69.54 GOLD COAST HI LIFT-PARTS, FREIGHT AND LABOR TO REPAIR- TELESCOPIC FORKLIFT #6$ 1,671.91 360 TRAINING-ONLINE OSHA 30-HOUR CONSTRUCTION TRAINING COURSE FOR LAWRENCE KELLY$ 169.00 PUBLIX-39 GIFT CARDS FOR EMPLOYEES FOR THE THANKSGIVING HOLIDAY $ 975.00 SIMPLISAFE.COM- MONTHLY SUBSCRIPTION FOR SECURITY SYSTEM ON PEANUT ISLAND $ 24.99 MORPHOTRUST USA-REPLACEMENT TWIC CARD FOR EKLUND FREDRICKS $ 60.00 MORPHOTRUST USA-TWIC BADGE FOR ANTHONY WILLIAMS $ 125.25 SECURITYIMAGING.COM-25 ARM BADGE HOLDERS FOR SECURITY AND FACILITIES DEPT $ 54.75 SIMPLISAFE.COM- MONTHLY SUBSCRIPTION FOR SECURITY SYSTEM ON PEANUT ISLAND $ 24.99 ALI-GATOR TIRE-DISMOUNT/MOUNT TIRES FOR ELECTRIC GOLF CART $ 20.00 AMAZON.COM-VENTILATION FAN BLADE FOR GATE 2 RESTROOM EXHAUST FAN $ 10.29 AMAZON.COM-BROAN NUTONE VENT BATH FAN MOTOR FOR GATE 2 RESTROOM EXHAUST FAN$ 43.79 WALMART-LOBBY AIR FRESHENER $ 6.70 WALGREENS-EXEC CANDY REPLENISH $ 11.91 AMAZON.COM-FRONT RECEPTION CANDY $ 41.23 JOANN STORES-HOLIDAY PLACE MATS $ 23.32 TARGET-HOLIDAY LIGHTS $ 27.80 AMAZON.COM-TABLE CLOTHS, PHONE CHARGERS AND CORDS $ 44.76 HOMEDEPOT-HOOKS, LIGHTS, & BATTERIES $ 41.44 HOMEDEPOT-EXTENSION CORDS AND WIRE COVER $ 18.30 WALGREENS-WRAPPING PAPER $ 9.60 WALGREENS-CANDY FOR FRONT RECEPTION (CHRISTMAS) $ 12.82 MICHAELS-4 FRAMES FOR SERVICE AWARDS $ 37.60 MICHAELS-1 FRAME AND 1 BORDER FOR RESOLUTION $ 23.09 WALMART-BAGS OF CANDY FOR COMMISSION MEETING AND GIFT CARD FOR EMPLOYEE SERVICE AWARDS$ 83.84 CHECK # 21990 - 12/21/18 $ 3,631.92
THE ABOVE CHARGES WERE THROUGH THE MONTHLY STATEMENT ENDING ON 11/28/18.
129 Agenda Item No: F.4
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Daniel Kirchman Submitting Department: Finance Item Type: Accountant Report Agenda Section: CONSENT AGENDA
Subject: Accountant’s Review Report for October and November 2018 (FY 2019).
Background: The firm of Divine, Blalock, Martin & Sellari, LLC has performed their monthly accounting services for the Port of Palm Beach District and has issued their review reports for October and November 2018 (FY 2019).
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: Motion to approve the Accountant’s Review Report for October and November 2018 (FY 2019) issued by the firm of Divine, Blalock, Martin & Sellari, LLC to the Port of Palm Beach District.
Attachments: DBMS October 2018 report.pdf
DBMS November 2018 report.pdf
130 131 132 Agenda Item No: F.5
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Tracy Carey Submitting Department: Finance Item Type: Contract Report Agenda Section: CONSENT AGENDA
Subject: Contract Report
Background: Attached is a copy of the Port of Palm Beach Contract Report for review and discussion.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: None. Informational Item Only.
Attachments: Contract Report.pdf
133 PORT OF PALM BEACH DISTRICT CONTRACT REPORT
ORIGINAL CURRENT END CONTRACT VENDOR NAME LOCATION/DEPT DESCRIPTION RESPON. DEPT./PARTY HISTORY SUMMARY COMMENTS/CANCELLATION TERM CONTRACT DATE DATE TERM (YRS) Pending Items Monthly rate of $190.00, plus fuel charge/overage charges. 2016: 4.2% increase. $215.41/month. Written notice of termination is 90 days prior to 2016: Endorsement: $230.00 p/m. 2017 - changed to any anniversary date. Staff recommends a one- Dunbar Armored, Inc. MOC Office Armored Car Service Finance/Paul Zielinski 02/02/15 3/1/2019 1 2 days/wk. new rate $205 per mo. 2018 - $226.15 year extension with a 3.9% increase, per month. Increased liab. to $350K 6/18 at $260 bringing monthly cost to $270 per month. per mo. Termination if customer fails to correct any conducive condition identified with 60 days. Various Locations: 2016: Consolidated Agreement: $433 Staff recommends a one-year extension, Nozzle Nolen, Inc. MOC/CT, POC & S. Pest Control Maintenance/Ken Hern 05/02/07 3/10/2019 Monthly p/month.($50.00 savings p/m). 1 yr. ext. 2017, 2018- Current cost is $433.00 per month. With the Gate no increase. removal of the MOB, the new monthly cost will be $400.00.
Local/long distance/internet combined agreement Either party may terminate upon 30 days AT&T Port Wide Local, long distance and internet MIS/Richard Laird 03/17/08 3/23/2019 3 $3,406.40 per month. written notice.
Initial treatment $1,925.00 and $285.00 p/month. Termination if customer fails to correct any Nozzle Nolen, Inc. MOC Subterranean Termites Maintenance/Ken Hern 4/7/2009 4/6/2019 1 2016: $305.00 p/ month - No increase from 2015 conducive condition identified with 60 days.
Initial treatment: $4,275.00. First yr. free with the renewal rate $1,012.00 in 2013. 2 inspections per yr. Termination if customer fails to correct any Nozzle Nolen, Inc. Southgate Warehouse Asian Sub-Termites Maintenance/Ken Hern 1/20/2008 4/18/2019 1 with 4 additional yrs. 2014 - $1,012.00 per year conducive condition identified with 60 days. w/no increase. 2015 - $1,012.00 per year w/no increase . 2016 - $1,012.00 per year w/no increase
Initial treatment $5,518.00 and $725.00 p/month. Termination if customer fails to correct any Nozzle Nolen, Inc. CT Subterranean Termites Maintenance/Ken Hern 4/20/2015 4/19/2019 1 2016: $725.00 p/ month - No increase. conducive condition identified with 60 days.
Vischeck Visitor Management System for Cancellable at any time, with written idSoftware Security Security/Ken Hern 05/01/16 4/30/2019 1 $4,188.00 per year. Covered under 2016 PSGP. visitors and employees. notification of effective termination date.
1 year maintenance agreement and full site redesign. After 48 months the port receives a free site Redesign service agreement plus redesign. Bus. Development/Jarra Civic Plus Web Site notification system (integrates SMS, email 05/01/13 4/30/2019 1 2015 will renew with a 5% increase. Total will be 60 day written notice. Kaczwara and social media) $4,775.40/2016: $5,013.67/2017, $5,264.35/2018, plus communication platform ($1,990) and SSL certificate ($100) annually. Initial treatment: $800.00. Cost is $175.00 per year. 2012 extended contract w/o increase. 2013 $175.00 Termination if customer fails to correct any Nozzle Nolen MOC/CT Termite Agreement/Drywood Maintenance/Ken Hern 05/07/09 4/30/2019 1 w/no increase. 2014 - $175.00 per year w/no conducive condition identified with 60 days. increase. 2015 - $175.00 per year w/no increase. 2016 - $175.00 per year w/no increase.
South Gate Warehouse, Termination if customer fails to correct any Nozzle Nolen Rodent Control and Monitoring Maintenance/Ken Hern 05/22/18 5/21/2019 1 Initial cost $820. $180 per month. Units 2,3 & 4 conducive condition identified with 60 days.134
1/8/2019 *Contracts due for renewal within next 90 days. 1 PORT OF PALM BEACH DISTRICT CONTRACT REPORT
ORIGINAL CURRENT END CONTRACT VENDOR NAME LOCATION/DEPT DESCRIPTION RESPON. DEPT./PARTY HISTORY SUMMARY COMMENTS/CANCELLATION TERM CONTRACT DATE DATE TERM (YRS)
Subterranean Termites Control at the maintenance building (POC #13): Initial treatment $2,610.00 with Termination if customer fails to correct any Nozzle Nolen, Inc. POC/Maintenance Subterranean Termites Maintenance/Ken Hern 05/28/13 5/27/2019 1 $395.00 per year for service. conducive condition identified with 60 days. 2014 - 2018 $395.00 per year w/no increase.
SHI International Corp. Executive Offices Agenda management system Clerks Office/Venice Howard 03/20/18 3/19/2019 1 Annual start up cost of $5,280 and each year after. Termination at any time with written notice.
One year renewals through 05, new 3 yr. contract 5/05, 3% incr. 3 yr. ext. 2011 - 2014 - Cost is currently $17,590.00 per year. 3 yr. ext.2014 - 2017 Johnson Controls MOC/CT, Merchants Fire Pump Test & Inspect Maintenance/Ken Hern 06/01/11 5/31/2019 1 30 day written notice. w/an increase to the MOC/CT because of additional services. 2017 - 1 yr. ext. with 6% increase ($20,305 )
One year renewals through 05, new 3 yr. contract 05, 3% incr. 3 yr. ext. 2011 - 2014- Cost is currently $17,590.00 per year. 3 yr. ext. 2014 - 2017 MOC/CT, Eastern Frt., Johnson Controls Fire Sprinkler System Test and Inspect Maintenance/Ken Hern 06/01/11 5/31/2019 1 w/an increase to the MOC/CT because of additional 30 day written notice. POC services. 2017 - 1 yr. ext. with 6% increase ($20,305) 2018 1 yr. ext. with 6.5% increase ($21,625)
2 yr. renewal through 09. Hilltop Securities (Formerly First 2011: 5-yr Contract. Cost is currently $1,500.00 per MOC Prep./submission of disclosure reports Finance/Paul Zielinski 08/04/05 6/14/2019 1 30 days written notice. Southwest Company (FSC)) year. 1 yr extensions - 2016, 2017, 2018 - no increase. Cost is currently $7,165.00 per year. Florida Court Reporting (FCR) MOC Court Reporting Services Admin./Beatrice Greffin 06/16/15 6/15/2019 1 No increase, 2016, 2017. 2018 1 yr. ext. incr. in p. 30 days written notice. pg. from $6.00 to $6.50.
1 yr. renewals through 11 - Cost is around $2,400.00 per year, plus fuel surcharges. 6/12 storage increase of 6.3%. .40¢ per cubic ft. to .42¢ per cubic ft. per Either party may terminate this agreement upon Iron Mountain Off-site Location Records Storage & Retention Admin./Beatrice Greffin 07/01/02 7/1/2019 1 month. 2014 renew w/o increase. written notice. 2016: .471¢ per cubic ft. and $25.65/month Administrative Fee(Summary Billing) 2017 & 2018- 1 yr. exts. - see fee schedule for list of fees.
Automatic 1 yr. renewals through 06, 2-yr. renewal Executive Office/Manny 06-08, with increase in rate from $160 - $200 p.h. 1- Gary, Dytrych, & Ryan Legal Services Legal Services 09/10/98 7/31/2019 1 30 days written notice. Almira yr. renewals 09-18 same terms and conditions. Cost is currently $200 per hour.
Public Policy Consulting Executive Office/Manny 1 yr. renewals through 2018. Current cost is Akerman Senterfitt (ASE) Public Policy Consulting Services 08/01/11 7/31/2019 1 30 days written notice. Services Almira $36,000 per year.
Original cost -Initial treatment $1,170.00. Renewal option for $225.00 @ yr. (Rates may vary after the Nozzle Nolen, Inc. Bldg. 12 (Old EFF) Dry wood Termite Maintenance/Ken Hern 08/06/15 8/5/2019 1 30 days written notice by either party. first year) 2016: $225.00/ Yr. (Continuous protection)
3801 PGA Blvd. Suite Broker for medical, dental, vision, life, Board may request to issue RFQ at any time. Gehring Insurance 807 Palm Beach Finance/Paul Zielinski 03/01/02 9/1/2019 N/A short-term disability policies. Indefinitely appointed as Broker of Record, 2002. Will be addressed as part of the 2019 budget. Gardens, FL 33410 Board can recommend issuance of RFQ at any time. 135 P.O. Box 677458 Dallas, Guardian Provides Port-life ins, short term, long term Finance/Paul Zielinski 10/01/16 9/1/2019 1 Will be addressed as part of the 2019 budget. TX 75267
1/8/2019 *Contracts due for renewal within next 90 days. 2 PORT OF PALM BEACH DISTRICT CONTRACT REPORT
ORIGINAL CURRENT END CONTRACT VENDOR NAME LOCATION/DEPT DESCRIPTION RESPON. DEPT./PARTY HISTORY SUMMARY COMMENTS/CANCELLATION TERM CONTRACT DATE DATE TERM (YRS)
P.O. Box 769209 Provides Port-paid and employee-paid Humana/Comp Benefits Finance/Paul Zielinski 10/01/16 9/1/2019 1 Will be addressed as part of the 2019 budget. Roswell, GA 30076 vision insurance
DC1-3 Corporate 4800 Deerwood Campus Provides Port/employee paid health United Healthcare Finance/Paul Zielinski 10/01/16 9/1/2019 1 Will be addressed as part of the 2019 budget. Parkway Jacksonville, insurance. FL 32246
Metlife Port/employee paid dental insurance Finance/Paul Zielinski 10/01/16 9/1/2019 1 Will be addressed as part of the 2019 budget.
175 Capital Blvd. #300 Marine Liability, P&I/Hull Marine and Aspen American Insurance Co. Finance/Paul Zielinski 10/01/16 9/1/2019 1 Will be addressed as part of the 2019 budget. Rock Hill, CT Umbrella $5 Million .
Hardware & Software Support and idSoftware Southgate Warehouse Security/Ken Hern 03/01/14 9/30/2019 1 60 days written notice. Maintenance - TWIC fingerprint scanners. One year renewals thereafter. Current cost $18,024.00 per year.
Bus. Development/Jarra Cision US, Inc. Port Wide Media and Analytics Monitoring Service 10/01/18 9/30/2019 1 Cancellable at any time, at expiration of term. Kaczwara Cost is $7,500.00 annually.
Cancellable at any time with written notice Old School Food Service, Inc. Port Wide Mobile Food Service Provider Operations/Ken Hern 10/15/18 10/14/2019 1 Revenue is 5% of gross sales. Revisited every specifying effective termination date. month, for 3-6 months.
Mass Notification/Communications At any time, after executed quote has Everbridge, Inc. Port Wide Ken Hern/Aidy Alonzo 10/27/17 10/26/2019 1 Cost for 12 month subscription is $18,860.00 Platform terminated.
Initial treatment: $880.00. Cost currently $150.00. 11/2013 - 11/2014 with no increase. 11/2/14 - Termination if customer fails to correct any Nozzle Nolen, Inc. Chiller Plant Subterranean Termites Maintenance/Ken Hern 11/16/12 11/16/2019 1 11/2/15 w/o increase. Nov. 2015 -Oct. 2016 conducive condition identified with 60 days. $157.50. 2016 $160.00. 2017, 2018 no increase.
At any time, after executed quote has Social Navigator, Inc. Port Wide Open source intelligence platform/Liferaft Ken Hern/Aidy Alonzo 11/27/17 11/26/2019 1 Cost for 12 month subscription is $24,500.00 terminated.
1 yr. contract renewals thru 2012 - Cost is currently $4.99 per bottle delivered plus $4.99 rental per unit or approx. $3,000.00 per year. 12/12 w/o increase. 12/13 1 yr. renewal w/no increase. 2014, 2015, Port shall give Lessor a minimum of 30 days Nestle Waters MOC, POC Bottled Water Service/Dispenser Cleanings Maintenance/Ken Hern 12/13/05 12/12/2019 1 2016 no increase. 2017 increase in btld. Water from written notice to terminate. $4.99 to $5.49. Current cost $3,300 per year. 2018/no increase and added dispenser cleanings MOC/POC at $59.99/mo.
Orig. cost $1,430.00. 7/12 (1) yr. cost are $1,997.02 due to larger locomotive which requires more filters. 8/13 price increase of $158.26 per every 92 days due Locomotive 92 Day Locomotive and inspection service. Keeps to load meter and brake service. Southern Motive Power LLC Service and emergency Maintenance/Ken Hern 08/20/11 12/21/2019 1 Cancellation at any time with written notice. up with FRA compliance. 2014/2015/2016/2017 $2,155.28 per yr. with no repairs increases per inspection (Every 3 months) Mechanic $80.00 p/hr., Mechanic Helper $30.00 p/hrs.
136
1/8/2019 *Contracts due for renewal within next 90 days. 3 PORT OF PALM BEACH DISTRICT CONTRACT REPORT
ORIGINAL CURRENT END CONTRACT VENDOR NAME LOCATION/DEPT DESCRIPTION RESPON. DEPT./PARTY HISTORY SUMMARY COMMENTS/CANCELLATION TERM CONTRACT DATE DATE TERM (YRS)
Laserfiche software & services - Port's MCCI Administration Clerks Office/Venice Howard 12/28/17 12/27/2019 1 Annual support cost $5,365.60 Cancellation at any time with written notice. records
1 year renewal through 12/10. Cost is currently $3,252.00 per year. 12/12 renewal w/o increase. 12/13 1 yr. renewal w/a 4% increase. Cost is $3,382.08 per yr. 12/14 renewal w/a 4% increase. Agreement can be terminated by either party by Southwest Engineers MOC Chiller Water Treatment Services Maintenance/Ken Hern 01/01/07 12/31/2019 1 Cost per year $3,517.32. This is a $135.24 increase giving 30 days advance written notice. per yr. 2015: Annual cost $3,660.00. This is a $142.68 increase over the last year. 5% incr. 2016, annual cost is $3880.00. No increase 2017.
Cancellable at any time with written notice Thyssenkrupp Elevator MOC/Southgate Elevator/Escalator Services Maintenance/Ken Hern 07/07/17 7/6/2020 3 $4079.43/month specifying effective termination date. May extend term by mutual agreement or extend the 1301 Gervalis Street, Command Bridge cloud based software period of a particular task order. Pricing for The Mariner Group, LLC Suite 502, Columbia, SC (remote access) which consolidates all the Security/Ken Hern 07/31/15 07/30/20 5 Yrs. 30 days written notice individual task order will be issued will be 29201 various security hardware and software. established in each task order. Cost is $234.00 per month, for all machines. 8/12 monthly increase to $269.10 which is a $35.10 month increase. 8/13 current monthly cost is $269.10 with an increase of $20.19 with the total Port wide copier agreement - 4th floor - cost of $289.29. 8/14 current cost is $289.29 for 3 IKON Office Solutions (Ricoh) MOC, POC, Security Finance/Paul Zielinski 09/01/15 8/31/2020 5 30 day written notice 1035, 2nd floor - 2018, POC - 3500. copiers with an increase of $43.40 totaling $332.69 per month.2015 (Sept): Renewal cost $1808.28 which is a $164.40 increase over last year. 2015 (Nov) Entered into a 5yr agreement replacing old machines and old contract.
Can be terminated with 90 days written notice Wells Fargo MOC Banking Services Finance/Paul Zielinski 10/01/18 10/31/2020 2 New agreement 10/1/18. by either party.
1 yr. renewals thereafter till present. Cost is currently $5,380.00 per year for four quarterly inspections. Inspection includes the MOC and South Gate Generators. 12/12 w/o increase. Hourly rate Either party may terminate this agreement upon PowerSecure Service, Inc. MOC/Southgate Quarterly Generator Inspections Maintenance/Ken Hern 12/01/13 5/2/2021 3 decreased to $70.00 hr. 2013 - 2014 no increase. a 30 day written notice. 2014 - 2015 2% increase for hourly rate to $85.00. 2015-2016, no increase. New agree./May 2017 - rate increase to $95.00 hr. 2018 3-yr. ext., rate from $95/hr to $105/hr.
Either party may terminate this agreement upon O'hara Landscape & Maintenance, Inc. MOC Landscape Services Maintenance/Ken Hern 06/01/18 5/31/2021 3 Cost is $785 per month. a 30 day written notice.
Contract shall be renewable for one additional Gilly Vending, Inc. MOC/CT Vending Services Operations/Ken Hern 06/15/18 6/14/2021 3 Port receives 21% commission. year at the option of Owner, upon written notice to Contractor, prior to termination.
Interlocal Agreement - Direct Access to Agreement can be terminated by either party 4 yr. renewals in 2009 and 2013. Renewal & repl. County's Public Safety Trunked Radio with or w/o cause. Shall be effective only on fee $211.42/per unit and system maintenance is 137 Palm Beach County Security System (formerly 800 MHZ Public Safety Security/Ken Hern 07/12/05 7/11/2021 4 Oct 1st of any yr. with a 6 mo. notice. At least $226/per unit. The Port owns 45 portable radios. Radio System). R-2005-1338 R- 8mo. prior to expiration, port shall provide the Annual cost is $19,683.90/annually 2017 - 2021. 2009-1086 - R-2013-1017 County a request to renew.
1/8/2019 *Contracts due for renewal within next 90 days. 4 PORT OF PALM BEACH DISTRICT CONTRACT REPORT
ORIGINAL CURRENT END CONTRACT VENDOR NAME LOCATION/DEPT DESCRIPTION RESPON. DEPT./PARTY HISTORY SUMMARY COMMENTS/CANCELLATION TERM CONTRACT DATE DATE TERM (YRS)
Project Engineer $94.00 per hour (see contract file Earth Systems, Inc. Engineering Environmental Services Engineering/Jose Soler 02/27/17 02/26/22 5 90 calendar days written notice for other personnel rates)
Project manager $150.00 per hour (see contract file At any time with written notice specifying Bowman Consulting Group, LTD Port Wide Professional surveying & mapping Engineering/Jose Soler 03/01/17 2/28/2022 5 for other personnel rates) effective termination date.
Bid out in 2014. MPC4503 - $175.71 per mo. & Lease/service agreements - MPC4503 -6th MPC7502 - $178.05 per mo. New 5 yr. lease Ricoh MOC Floor color copier/behind recept. and Finance/ Paul Zielinski 09/01/11 9/1/2022 5 30 days written notice. agreements/2017 - Color $227.13 p.m., B&W MP7502 - 6th floor copier/copy room. $175.71 p.m.
5 year agreement. Cost is $160 per unit/state State mandated elevator/escalator inspection/witness annual safety test, $95/hr 5-yr Landmark Elevator Consultants MOC/Southgate inspection/reports and witness five-year Maintenance/Ken Hern 4/1/2013 4/19/2023 5 48-hour written notice of cancellation. safety test and $75 re-inspection fee. 2018 5-yr ext. safety tests with incr. in 5-yr safety test from $85 to $95
Port paid: $7 per enrollment, $5 per activation Either party may terminate at any time, with 90 Morpho Trust TWIC Office TWIC Enrollment Services Security/Ken Hern 11/21/11 Until Terminated Monthly (2011) $5 per applicant/HazPrint (2013) days written notice.
Jacobs (Formerly CH2M) Port Wide Consulting Engineers Engineering/Jose Soler 03/11/08 Until Terminated N/A New contract 2008. 90 days written notice
Engineering Services/Work of a Specified Kimley Horn Port Wide Engineering/Jose Soler 03/15/18 Until Terminated N/A New contract 2018. At any time for convenience. Nature
Bus. Development/Jarra Palm Beach Post M.O.C. Advertising Contract 01/13/98 Until Terminated N/A N/A 30 days written notice Kaczwara
Spectrum Municipal Services M.O.C. Financial Advisor Finance/Paul Zielinski 04/20/00 Until Terminated N/A N/A 60 days written notice
Waste Management 300 Middle Road Dumpster Service Maintenance/Ken Hern 01/11/05 Until Terminated N/A N/A Franchise agreement with City of Riviera Bch
Waste Management Cruise Terminal Dumpster Service Maintenance/Ken Hern 01/11/05 Until Terminated N/A N/A Franchise agreement with City of Riviera Bch
Waste Management M.O.B. Dumpster Service Maintenance/Ken Hern 01/11/05 Until Terminated N/A N/A Franchise agreement with City of Riviera Bch
Waste Management M.O.C. Dumpster Service Maintenance/Ken Hern 02/12/02 Until Terminated N/A N/A Franchise agreement with City of Riviera Bch
Waste Management Southgate Warehouse Dumpster Service Maintenance/Ken Hern 02/18/09 Until Terminated N/A N/A Franchise agreement with City of Riviera Bch
Waste Management MOC Recycling Dumpster and Bin Maintenance/Ken Hern 01/17/18 Until Terminated N/A N/A Franchise agreement with City of Riviera Bch
Sheriff of P.B.C. Port Services NICB Processing Security/Ken Hern 06/17/99 No Exp. Date N/A Original contract 6/99. 30 days written notice
Provides voluntary, employee-paid, policies Beatrice Greffin/ AFLAC 1932 Wynnton Road ??? 4/1/2001 Open Optional insurance for employees: cancer, N/A Columbus, GA 31999 to Port staff Human Resources hospitalization, etc. 2929 Allen Parkway Provides voluntary, employee-paid, Beatrice Greffin/ AIG Valic Financial Advisors, Inc. 05/01/06 1/1/1980 Open N/A Houston, TX 77019 deferred compensation services Human Resources 457 plan deferred optional retirement plan 1290 Avenue of the Provides voluntary, employee-paid, Beatrice Greffin/ AXA Equitable Americas ??? 1/1/1980 Open N/A deferred compensation services Human Resources New York, NY 10104 457 plan deferred optional retirement plan 400 N Congress Avenue, Provides screenings for on-the-job injuries Beatrice Greffin/ 138 Coach Comp America # 110 West Palm 05/01/06 5/1/2006 Open N/A (Workers' Compensation) Human Resources Beach, FL 33401 Used for workers comp injury claims
1/8/2019 *Contracts due for renewal within next 90 days. 5 PORT OF PALM BEACH DISTRICT CONTRACT REPORT
ORIGINAL CURRENT END CONTRACT VENDOR NAME LOCATION/DEPT DESCRIPTION RESPON. DEPT./PARTY HISTORY SUMMARY COMMENTS/CANCELLATION TERM CONTRACT DATE DATE TERM (YRS)
9910 Alt A1A, Suite 702- Provides pre-employment and post-accident Beatrice Greffin/ Mobile Drug Testing PMB107 Palm Beach 05/01/06 5/1/2006 Open N/A drug screenings Human Resources Gardens, 33410 Drug free workplace provider 1905 Broadway Riviera Beatrice Greffin/Human Manpower Temporary Employment Service As-needed As-needed Open N/A Beach, FL 33404 Resources Used for basic labor workers - bill rate $15.39 2540 Metrocentre Blvd. Beatrice Greffin/Human Express Temporary Employment Service As-needed As-needed Open Used for janitorial workers - bill rate $19.15 N/A Ste. 3 WPB FL 33407 Resources
139
1/8/2019 *Contracts due for renewal within next 90 days. 6 Agenda Item No: F.6
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Tracy Carey Submitting Department: Finance Item Type: Contract Renewal(s) Agenda Section: CONSENT AGENDA
Subject: Contract Renewals
Background: A. Dunbar provides armored car service for the Port's deposits. With a 3.9% increase, the monthly cost will be $270.00.
B. Nozzle Nolen provides pest control to the Maritime Office Complex, Cruise Terminal, Port Operations Center, and South Gate Warehouse. The current cost is $433.00 per month. With the removal of the MOB, the new monthly cost will be $400.00.
Financial Impact: Yes
Financial Impact Details: These services will be funded out of the FY2019 Operating Budget.
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: Motion to approve and authorize the Executive Director to execute one-year contract extensions for Dunbar and Nozzle Nolen.
Attachments: Dunbar Armored Rate Correspondence.pdf
Nozzle Nolen Rate Correspondence.pdf
140 141 142 Agenda Item No: F.7
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Venice Howard Submitting Department: Clerk's Office Item Type: Business Development Agenda Section: CONSENT AGENDA
Subject: Business Development
Background: The following items are presented for approval and/or ratification:
Leadership Palm Beach County Holiday Breakfast - 1 ticket at $65.00 Annual Award Luncheon and VIP Reception with Dr. Oz - 1 ticket at $250
Trade Events for January and February 2019:
Forum Club Economic Council Economic Forum Business Development Board (BDB) Convention & Visitors Bureau Member Chambers of Commerce Navy League International Business Council Women’s Transportation Seminar (WTS)
Revised 2019 Events: AAPA, Florida Ports Council
Financial Impact: Yes
Financial Impact Details: These items are funded from the FY 2019 Operating Budget - Business Development
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: 143 Motion to approve and/or ratify ticketed events for the Leadership Palm Beach County Holiday Breakfast, Annual Award Luncheon and VIP Reception with Dr. Oz, January and February 2019 trade events, revised 2019 AAPA events, and the Florida Ports Council events.
Attachments: Leadership PBC Holiday Breakfast.pdf
Annual Award Luncheon and VIP Reception with Dr. Oz _ Palm Beach Civic Association.pdf
2019 AAPA Seminars - Jan thru Nov - 1-04-19.pdf
2019 FPC Events - 2019.pdf
Board Directed Expenditures (TKTS).pdf
144 145 12/9/2018 Annual Award Luncheon and VIP Reception with Dr. Oz | Palm Beach Civic Association
MON, JANUARY 21, 2019, 11:00 AM Annual Award Luncheon and VIP Reception with Dr. Oz The Breakers
Sponsored By: Good Samaritan Medical Center, Florida Crystals
Date & Time Location
Mon, January 21, 2019 The Breakers 11:00 AM 1 S County Rd Palm Beach, FL 33480 ADD TO CALENDAR 146
https://palmbeachcivic.org/event/annual-award-luncheon-and-vip-reception/ 1/4 12/9/2018 Annual Award Luncheon and VIP Reception with Dr. Oz | Palm Beach Civic Association VIP Reception 11:00 am, Luncheon 12:00 Noon
Keynote Speaker: Dr. Oz
The Palm Beach Civic Association is delighted to bring cardiothoracic surgeon and television personality, Dr. Mehmet Oz to The Breakers for an inspiring program filled with wellness advice and encouragement for a fit lifestyle.
The event is our only fundraiser for the season, and supports programs and education initiatives throughout the year. Individual tickets, VIP packages, and table sponsorship are available.
Sponsorship Opportunities
Platinum $5,000
Two reservations at an exclusive dinner party with Dr. Oz on Sunday evening, January 20, 2019 at a private residence in Palm Beach
Two reservations at the Civic Association Annual Award Luncheon on Monday, January 21, 2019
Two reservations for the VIP Meet and Greet Reception prior to the Annual Award Luncheon
Recognition on event signage at The Breakers
Recognition in the printed luncheon program
Gold $3,500
One reserved table for 10 at the Civic Association Annual Award Luncheon
Ten reservations for the VIP Meet and Greet Reception prior to the Annual Award Luncheon
Recognition on event signage at The Breakers
Recognition in the printed luncheon program
Silver $1,000
Two reservations at the Civic Association Annual Award Luncheon
Two reservations for the VIP Meet and Greet Reception prior to the Annual Award Luncheon 147
Recognition in the printed luncheon program https://palmbeachcivic.org/event/annual-award-luncheon-and-vip-reception/ 2/4 12/9/2018 Annual Award Luncheon and VIP Reception with Dr. Oz | Palm Beach Civic Association Individual Luncheon Reservation – Non-member $350
Individual Luncheon Reservation – Member $250
For reservations, please call Allison Tardonia, Membership and Events Manager at 561-655-0820
Event Sponsors
$250.00 – $5000
REGISTER
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148
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139 N. County Road, Suite 33 Palm Beach, FL 33480
Phone: (561) 655-0820 Fax: (561) 655-1070 [email protected]
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149
https://palmbeachcivic.org/event/annual-award-luncheon-and-vip-reception/ 4/4 2019 AAPA Seminars
Mark your calendars and start planning now for these 2019 AAPA events.
Planning for Shifting Trade January 30-31, Tampa, FL
Port Administration & Legal Issues Seminar February 12-13, Ft. Lauderdale, FL
Cruise Seminar February 20-21, Miami, FL
AAPA Spring Conference March 19-21, Washington, DC
Business Development Workshop April 3, Houston, TX
Facilities Engineering Seminar April 24-26, Jacksonville, FL
Executive Management Conference May 6-10, San Diego, CA
Special Seminar for Members of Port Authority Governing Boards & Commissions June 18-20, San Francisco, CA
Workforce Development Seminar June 25-26, Long Beach, CA
Port Security Seminar & Expo July 24-26, Philadelphia, PA
AAPA 108th Annual Convention October 13-16, Norfolk, VA
Communications & Marketing Seminar October 28-29, Montréal, QC, Canada
Emergency Preparation, Response & Recovery Seminar November 13-14, Corpus Christi, TX
XXVIII Latin American Congress of Ports November 19-21, Miami, FL
150 Rev 1/10/19
2019 Florida Ports Council Seminars
Florida Chamber of Commerce Economic Outlook Summit January 14, 2019 @ All Day Location: Orlando, FL
2019 FBTA Construction Conference January 17, 2019 – January 18, 2019 @ All Day Location: Hyatt Regency Orlando
2019 NIT League Transportation Summit January 21, 2019 – January 23, 2019 @ All Day Location: San Antonio, TX
2019 Florida Supply Chain Summit February 6, 2019 – February 7, 2019 @ All Day Location: Disney's Contemporary Resort
Florida Ports Council Washington, D.C. Spring Fly-In (Date TBD - Postponed till March) @ All Day Location: Capitol Skyline Hotel
Florida Chamber of Commerce Legislative Fly-In February 19, 2019 – February 21, 2019 @ All Day Location: Tallahassee, FL
2019 State of the Taxpayer Dinner March 6, 2019 @ All Day Location: Tallahassee, FL
Florida Ports Council Spring Board Meeting & Legislative Forum March 25, 2019 – March 27, 2019 @ All Day Location: Tallahassee, FL
Seatrade Cruise Global April 8, 2019 – April 11, 2019 @ All Day Location: Miami Beach Convention Center
Enterprise Florida’s trade mission to Casablanca, Morocco April 14, 2019 – April 18, 2019 @ All Day Location: Casablanca Hotel
JAXPORT Logistics & Intermodal Conference 2019 April 29, 2019 – May 1, 2019 @ All Day Location: Ponte Vedra Beach, FL Sawgrass Marriott Golf Resort & Spa
TransPlex 2019 May 7, 2019 – May 9, 2019 @ All Day Location: Omni Jacksonville Hotel 151
Rev 1/10/19
FloridaMakes: MAKE MORE Manufacturing Summit 2019 May 30, 2019 – May 31, 2019 @ All Day Location: TBA
Florida Natural Gas Association 2019 Symposium & Expo June 24, 2019 – June 26, 2019 @ All Day Location: Kissimmee, FL, Gaylord Palms Resort & Convention Center
21st Edition Supply Chain & Logistics Summit & Expo June 25, 2019 – June 27, 2019 @ All Day Location: Antwerp, Belgium, Hilton
Association of Shipbrokers & Agents Annual Cargo Conference September 25, 2019 – September 27, 2019 @ All Day Location: Miami, FL, Eden Roc Hotel
152
COMMISSIONER TICKETS ($1,000 FUND)
Commission Member Ad (A), PWM (Oct-18 -Dec-18) Approval/ Payment Method: Request BJC JLE KMW WMR Donation(D), Processing JDA (Jan-19- Sep-19) Total Ratification Check (CK) Credit Date Sponsorship (SS) or Date (Month-Yr) Card (CC) ORGANIZATION/EVENT Tickets (TKS) $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00
12/13/2018 Leadership Palm Beach County$ 65.00 $ 65.00 1/17/2019 CC 12/13/2018 12/14/2018 Palm Beach Civic Association$ 250.00 $ 250.00 1/17/2019 CC 12/19/2018 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL SPENT $ - $ 65.00 $ 250.00 $ - $ - $ 315.00
BALANCE $ 1,000.00 $ 935.00 $ 750.00 $ 1,000.00 $ 1,000.00 153 Agenda Item No: F.8
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Aidy Alonzo Submitting Department: Business Development / Communications Item Type: Public Relations & Marketing Agenda Section: CONSENT AGENDA
Subject: Public Relations & Marketing
Background: Cision News Reports for December 2018 • Media: 120 mentions | 64.3 m potential reach
Social Media Metrics for December 2018 • Facebook: 2,970 Total Likes | 107 New Likes | 5,883 Page Engagement | 47,475 Weekly Reach • Twitter: 9,508 Impressions | 755 Profile Visits | 1,874 Followers • Instagram: 1,157 Followers | 16 New Followers | 438 Engagements
Correspondence • December 18: Email & Card from Glades Central Community High School
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: For information only.
Attachments: 1 CISION ANALYSIS - DEC 2018.pdf
2 CISION NEWS REPORT - DEC 2018.pdf
3 EMAIL AND CARD FROM GLADES CENTRAL COMMUNITY HIGH SCHOOL.pdf
154 CISION ANALYSIS - DEC 2018 2 Custom Data Set
TOTAL MENTIONS 120
TOTAL REACH 64.3M
TOTAL PUBLICITY VALUE $173.3K
155 1 CISION ANALYSIS - DEC 2018 2
Custom Data Set S N TOTAL MENTIONS O
Mentions I 120 T
100 N s E p i l c
f o M
r 50 e b m u n
0 8 8 8 8 8 /1 /1 /1 /1 /1 3 0 7 4 1 / /1 /1 2 /3 12 2 2 / 2 1 1 12 1
REACH
UVPM Reach 64.1M 173.6K
150K 60M
100K 40M U h V c P a M e r 50K 20M
0 0 8 8 8 8 8 /1 /1 /1 /1 /1 3 0 7 4 1 / /1 /1 2 /3 12 2 2 / 2 1 1 12 1
156 2 CISION ANALYSIS - DEC 2018 2
Custom Data Set T N SENTIMENT OVER TIME E
Neutral Positive Negative
104 13 3 M I
100 T N s p i l c E
f o
r 50 S e b m u n
0 8 8 8 8 8 /1 /1 /1 /1 /1 3 0 7 4 1 / /1 /1 2 /3 12 2 2 / 2 1 1 12 1
SHARE OF SENTIMENT Neutral 104 86.7% Positive 13 10.8% Negative 3 2.5%
157 3 CISION ANALYSIS - DEC 2018 2
Custom Data Set E P
TREND OF COVERAGE BY MEDIA TYPE Y
Online, consumer Online, trade/industry Online, news and business Blog, consumer T 85 16 9 4
News/Release Distribution Service Newspaper Magazine, trade/industry A I 3 2 1 D 100 E s
p 75 i l M c
f
o
r 50 e Y b m u n 25 B
0 E 8 8 8 8 8 /1 /1 /1 /1 /1 3 0 7 4 1 / /1 /1 2 /3 G 12 2 2 / 2 1 1 12 1 A R
SHARE OF COVERAGE BY MEDIA TYPE Online, consumer E 85 70.8% V Online, trade/industry 16 13.3% O Online, news and business 9 7.5% C Blog, consumer 4 3.3% News/Release Distribution Service 3 2.5% Newspaper 2 1.7% Magazine, trade/industry 1 0.8%
158 4 CISION ANALYSIS - DEC 2018 2
Custom Data Set E R MINDSHARE OVER TIME A
Port of Palm Beach Riviera Beach BPCL Peer/Competitor Tropical Shipping 120 97 13 7 1 H S 100 D s p i l N c
I f o
r 50 e b M m
u n Y 0 N 18 18 18 18 18 / / / / 1/ /3 0 17 4 3 2 /1 / /2 / 1 2 2 2 A 1 1 12 1 P M O SHARE OF VOICE Port of Palm Beach 120 50.4% C Riviera Beach 97 40.8% BPCL 13 5.5% Peer/Competitor 7 2.9% Tropical Shipping 1 0.4%
159 5 CISION ANALYSIS - DEC 2018 2
Custom Data Set S T
TOP OUTLETS E L Outlet Number of Clips Reach Publicity Value T Inbound Logistics Online 5 691,665 $159.08 U
The Palm Beach Post On… 3 11,539,890 $9,289.61 O
The Palm Beach Post 2 164,376 $58,340.48 P
KXTQ-FM Online 2 20,100 $4.62 O
Cruise Fever 2 350,330 $80.58 T
PRWeb 2 6,328,158 $1,455.48 D
SYS-CON Media Online 1 468,986 $107.87 N
Sweetwater Reporter - O… 1 6,755 $1.55 A
EIN News 1 667,983 $153.64 S
TickerTech.com 1 81,678 $18.79 M R E T
T N E N I M O R P
160 6 CISION NEWS REPORT - DECEMBER 2018
News Date News Headline Link Outlet Name Outlet Type Outlet City Outlet DMA Outlet Country Unique Visitors per Month 12/3/2018 Florida: Gateway to the Americas https://www.inboundlogistics.com/cms/article/florida-gateway-to-the-am Inbound Logistics Online Online, trade/industry New York New York, NY United States 138,333 12/3/2018 Caribbean Logistics: Ports Poised for Growth https://www.inboundlogistics.com/cms/article/caribbean-logistics-ports-p Inbound Logistics Online Online, trade/industry New York New York, NY United States 138,333 12/3/2018 Florida: Your Partner in Progress https://www.inboundlogistics.com/cms/article/florida-your-partner-in-pro Inbound Logistics Online Online, trade/industry New York New York, NY United States 138,333 12/3/2018 Trends - Inbound Logistics https://www.inboundlogistics.com/cms/article/the-spicy-side-of-supply-ch Inbound Logistics Online Online, trade/industry New York New York, NY United States 138,333 12/3/2018 Trends-October 2011 - Inbound Logistics https://www.inboundlogistics.com/cms/article/trends-october-2011/ Inbound Logistics Online Online, trade/industry New York New York, NY United States 138,333 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill https://www.prweb.com/releases/rgf_releases_avid_air_new_air_purifica PRWeb News/Release Distribution Service Beltsville National United States 3,164,079 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://prnewswire.sys-con.com/node/4353754 PR Newswire SYS-CON Online, consumer National National United States 102,650 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.tulsacw.com/story/39584923/rgf-releases-avid-air-new-air-puKQCW-TV Online Online, consumer Tulsa National United States 14,020 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://markets.buffalonews.com/buffnews/news/read/37392591/rgf_rele Buffalo News Online, The Online, consumer Buffalo Buffalo, NY United States 1,550,710 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.klkntv.com/story/39584923/rgf-releases-avid-air-new-air-pur KLKN-TV Online Online, consumer Lincoln Lincoln & Hastings-Kearney, Plus, NE United States 152,740 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.dailytimesleader.com/dailytimesleader/news/read/373925 Daily Times Leader Online Online, consumer West Point United States 32,732 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.cbs8.com/story/39584923/rgf-releases-avid-air-new-air-purifi KFMB-TV Online Online, consumer San Diego San Diego, CA United States 1,512,973 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.bentoncourier.com/bentoncourier/news/read/37392591/r Saline Courier Online Online, consumer Benton Little Rock-Pine Bluff, AR United States 12,320 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://markets.post-gazette.com/postgazette/news/read/37392591/rgf_rePittsburgh Post-Gazette Online Online, consumer Pittsburgh Pittsburgh, PA United States 4,767,127 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.thepostandmail.com/thepostandmail/news/read/3739259 Post & Mail Online Online, consumer Columbia City Fort Wayne, IN United States 626 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.760kfmb.com/story/39584923/rgf-releases-avid-air-new-air-p KFMB-AM Online Online, consumer San Diego San Diego, CA United States 25,963 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.ridgwayrecord.com/ridgwayrecord/news/read/37392591/ Ridgway Record - Online Online, consumer Ridgway United States 12,004 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.finanzen.net/nachricht/aktien/rgf-releases-avid-air-new-air-puFinanzen.net Online, trade/industry München Germany 6,202,142 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.sweetwaterreporter.com/sweetwaterreporter/news/read/ Sweetwater Reporter - Online Online, news and business Sweetwater Abilene-Sweetwater, TX United States 6,755 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.decaturdailydemocrat.com/decaturdailydemocrat/news/re Decatur Daily Democrat Online Online, consumer Decatur Fort Wayne, IN United States 10,341 12/4/2018 RGF Releases Avid Airtm: New Air Purification Product Developed with Chipotle Mexican Grill https://www.lelezard.com/en/news-18551038.html Lelezard Online, consumer Montreal Canada 29,068 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.theantlersamerican.com/theantlersamerican/news/read/3 Antlers American Online Online, news and business Antlers Sherman, TX-Ada, OK United States 2,353 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.finanzen.ch/nachrichten/aktien/rgf-releases-avid-air-new-air- Finanzen.ch Online Online, consumer Zurich Switzerland 512,576 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.thepilotnews.com/thepilotnews/news/read/37392591/rgf_Pilot-News Online Online, consumer Plymouth South Bend-Elkhart, IN United States 35,880 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.malvern-online.com/inyoregister/news/read/37392591/rg Malvern Daily Record - Online Online, news and business Malvern United States 11,227 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.smdailypress.com/smdailypress/news/read/37392591/rgf_Daily Press - Online Online, news and business Saint Marys Johnstown-Altoona, PA United States 384 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.punxsutawneyspirit.com/punxsutawneyspirit/news/read/3 Punxsutawney Spirit - Online Online, consumer Punxsutawney Johnstown-Altoona, PA United States 9,598 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.tickertech.com/cgi/?a=news&ticker=a&w=&story=201812201 TickerTech.com Online, news and business Locust Valley United States 81,678 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.observernewsonline.com/observernewsonline/news/read/ Observer News Enterprise - Online Online, consumer Newton Charlotte, NC United States 13,589 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.mammothtimes.com/mammothtimes/news/read/3739259 Mammoth Times Online Online, consumer Mammoth Lakes Reno, NV United States 10,015 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.bigspringherald.com/bigspringherald/news/read/3739259 Big Spring Herald Online Online, consumer Big Spring Odessa-Midland, TX United States 3,766 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill https://markets.businessinsider.com/news/stocks/rgf-releases-avid-air-newMarkets Insider Online, consumer New York United States 271,130 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.fox14tv.com/story/39584923/rgf-releases-avid-air-new-air-pu KFJX-TV Online Online, consumer Pittsburg Joplin-Pittsburg, MO-KS United States 44,634 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.hometownstations.com/story/39584923/rgf-releases-avid-air WLIO-TV Online Online, consumer Lima Lima, OH United States 57,231 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.crossroadstoday.com/story/39584923/rgf-releases-avid-air-neCrossroads Today Online, trade/industry National United States 30,436 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://finance.dailyherald.com/dailyherald/news/read/37392591/rgf_rele Daily Herald - Cook County Online Online, consumer Arlington Heights Chicago, IL United States 1,541,943 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.times-online.com/times-online/news/read/37392591/rgf_ Valley City Times-Record Online Online, consumer Valley City Fargo-Valley City, ND United States 446 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.benzinga.com/pressreleases/18/12/r12794765/rgf-releases-a Benzinga Online, consumer Detroit Detroit, MI United States 1,546,022 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.onenewspage.us/prnewswire.php?rkey=20181204UN91270& One News Page Online, consumer New York United States 448,677 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://angelacares.org/resources/pr-newswire-news/?rkey=20181204UN9 AngelaCARES Online, consumer National United States 7,749 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://supportforstepdads.com/pr-newswire/?rkey=20181204UN91270&f supportforstepdads.com Blog, consumer National National United States 17,706 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://fancythatblog.blogspot.com/p/pr-newswire.html?rkey=20181204UNFancy That! Blog, consumer National National United States 521 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://investfourmore.com/realestatenews?rkey=20181204UN91270&filteInvest Four More Online, consumer National United States 140,461 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://newsblaze.com/pr-newswire/?rkey=20181204UN91270&filter=1268NewsBlaze Online, consumer Murray Bridge Australia 189,533 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.krgv.com/story/39584923/rgf-releases-avid-air-new-air-purifi KRGV-TV Online Online, consumer Weslaco Harlingen-Weslaco-Brownsville,McAllen, T United States 275,413 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.nbc29.com/story/39584923/rgf-releases-avid-air-new-air-pur WVIR-TV Online Online, consumer Charlottesville Charlottesville, VA United States 320,087 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://prnewswire.ulitzer.com/node/4353754 Ulitzer Online, consumer Woodcliff Lake United States 89,399 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.wsiltv.com/story/39584923/rgf-releases-avid-air-new-air-puri WSIL-TV - Online Online, news and business Carterville United States 162,282 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.wboc.com/story/39584923/rgf-releases-avid-air-new-air-purif WBOC-TV Online Online, consumer Salisbury Salisbury, MD United States 439,269 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.wandtv.com/story/39584923/rgf-releases-avid-air-new-air-pu WAND-TV Online Online, consumer Decatur Champaign & Springfield-Decatur, IL United States 68,389 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.sys-con.com/node/4353754 SYS-CON Media Online Online, trade/industry Woodcliff Lake National United States 468,986 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.kake.com/story/39584923/rgf-releases-avid-air-new-air-purif KAKE-TV - Online Online, consumer Wichita United States 824,892 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.weny.com/story/39584923/rgf-releases-avid-air-new-air-purif WENY-TV - Online Online, consumer United States 55,713 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill https://www.seattlepi.com/business/press-releases/article/RGF-Releases-AseattlePI.com Online, consumer Seattle Seattle-Tacoma, WA United States 4,763,079 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill https://www.mysanantonio.com/business/press-releases/article/RGF-Rele San Antonio Express-News Online Online, consumer San Antonio San Antonio, TX United States 1,678,641 12/4/2018 RGF Releases Avid Air(TM): New Air Purification Product Developed with Chipotle Mexican Grill PR Newswire News/Release Distribution Service National National United States 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill. PRWeb News/Release Distribution Service Beltsville National United States 3,164,079 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://money.mymotherlode.com/clarkebroadcasting.mymotherlode/newsMyMotherLode.com Online, consumer Sonora National United States 191,771 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://finance.renewableenergyworld.com/pennwell.renewableenergy/newRenewable Energy World North America Online Online, trade/industry Nashua National United States 435,405 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.am-news.com/am-news/news/read/37392591/rgf_release Morning News - Online, The Online, consumer Blackfoot United States 2,703 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.kanerepublican.com/kanerepublican/news/read/37392591 Kane Republican (US), The Online, consumer Kane Buffalo, NY United States 2,177 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.theeveningleader.com/theeveningleader/news/read/37392Evening Leader Online, The Online, consumer Saint Marys Lima, OH United States 9,060 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.starkvilledailynews.com/starkvilledailynews/news/read/37 Starkville Daily News Online Online, consumer Starkville Columbus-Tupelo-West Point, MS United States 32,117 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.minstercommunitypost.com/minstercommunitypost/news/Minster Community Post Online, consumer Minster United States 2,418 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://finance.jsonline.com/jsonline/news/read/37392591/rgf_releases_avMilwaukee Journal Sentinel Online Online, consumer Milwaukee Milwaukee, WI United States 4,768,012 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.inyoregister.com/inyoregister/news/read/37392591/rgf_reInyo Register - Online Online, consumer Bishop Los Angeles, CA United States 9,668 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://stocks.newsok.com/newsok/news/read/37392591/rgf_releases_avi Oklahoman Online Online, consumer Oklahoma City Oklahoma City, OK United States 3,838,017 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://markets.chroniclejournal.com/chroniclejournal/news/read/3739259Chronicle-Journal Online, The Online, consumer Thunder Bay Canada 138,161 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://quotes.fatpitchfinancials.com/fatpitch.financials/news/read/373925Fat Pitch Financials Online, trade/industry National United States 4,069 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://business.wapakdailynews.com/wapakdailynews/news/read/373925 Wapakoneta Daily News Online Online, consumer Wapakoneta Lima, OH United States 1,097 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.fox21delmarva.com/story/39584923/rgf-releases-avid-air-newWBOC2-TV Online Online, consumer Salisbury Salisbury, MD United States 1,873 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.wfmj.com/story/39584923/rgf-releases-avid-air-new-air-purif WFMJ-TV Online Online, consumer Youngstown Youngstown, OH United States 159,546 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.koamtv.com/story/39584923/rgf-releases-avid-air-new-air-pu KOAM-TV Online Online, consumer Pittsburg Joplin-Pittsburg, MO-KS United States 76,095 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.rfdtv.com/story/39584923/rgf-releases-avid-air-new-air-purif RFD-TV Online Online, consumer United States 75,301 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.fox34.com/story/39584923/rgf-releases-avid-air-new-air-puri FOX 34 Online, consumer United States 6,310 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.kfmbfm.com/story/39584923/rgf-releases-avid-air-new-air-puKFMB-FM Online Online, consumer San Diego San Diego, CA United States 22,370 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.erienewsnow.com/story/39584923/rgf-releases-avid-air-new- Erie News Now Online, consumer United States 146,939 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.magic1065.com/story/39584923/rgf-releases-avid-air-new-ai KXTQ-FM Online Online, consumer Lubbock Lubbock,TX United States 10,050 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.kuam.com/story/39584923/rgf-releases-avid-air-new-air-puri KUAM-TV Online Online, consumer Dededo Guam 51,906 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.kxxv.com/story/39584923/rgf-releases-avid-air-new-air-purifi KXXV-TV Online Online, consumer Waco Waco-Temple-Bryan, TX United States 55,874 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.kasa.com/story/39584923/rgf-releases-avid-air-new-air-purifi KASA-TV Online Online, consumer Albuquerque Albuquerque-Santa Fe, NM United States 35,671 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.abc6.com/story/39584923/rgf-releases-avid-air-new-air-purif WLNE-TV Online Online, consumer Providence Providence-New Bedford, RI-MA United States 157,641 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.1077yesfm.com/story/39584923/rgf-releases-avid-air-new-ai KXTQ-FM Online Online, consumer Lubbock Lubbock,TX United States 10,050 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.doublet973.com/story/39584923/rgf-releases-avid-air-new-ai Double T 973 Online, consumer United States 14,225 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.oldies977lubbock.com/story/39584923/rgf-releases-avid-air-nOldies 97.7 FM Online, consumer United States 6,487 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.rock969.fm/story/39584923/rgf-releases-avid-air-new-air-pur Rock 96.9 FM Online, consumer United States 6,685 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.telemundolubbock.com/story/39584923/rgf-releases-avid-air Telemundo Lubbock Online, consumer United States 11,090 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.valleyscw.com/story/39584923/rgf-releases-avid-air-new-air- WBCB TV Online Online, consumer United States 2,652 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.kitv.com/story/39584923/rgf-releases-avid-air-new-air-purific KITV-TV Online Online, consumer Honolulu Honolulu, HI United States 319,148 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.nbc-2.com/story/39584923/rgf-releases-avid-air-new-air-puri WBBH-TV Online Online, consumer Fort Myers Fort Myers-Naples, FL United States 850,948 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.newson6.com/story/39584923/rgf-releases-avid-air-new-air-pKOTV-TV Online Online, consumer Tulsa Tulsa, OK United States 2,058,893 161 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.ktvn.com/story/39584923/rgf-releases-avid-air-new-air-purifi KTVN-TV Online Online, consumer Reno Reno, NV United States 166,760 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.wicz.com/story/39584923/rgf-releases-avid-air-new-air-purifi WICZ-TV Online Online, news and business Vestal United States 45,296 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.abc-7.com/story/39584923/rgf-releases-avid-air-new-air-puri WZVN-TV Online Online, consumer Fort Myers Fort Myers-Naples, FL United States 187,291 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.lubbockcw.com/story/39584923/rgf-releases-avid-air-new-air KLCW-TV - CW Lubbock Online Online, consumer United States 11,783 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://www.mylubbocktv.com/story/39584923/rgf-releases-avid-air-new-aMy Lubbock TV Online, consumer Lubbock Lubbock,TX United States 6,294 12/4/2018 RGF Releases Avid Air™: New Air Purification Product Developed with Chipotle Mexican Grill http://www.k5thehometeam.com/story/39584923/rgf-releases-avid-air-neKFVE-TV Online Online, consumer Honolulu Honolulu, HI United States 20,891 12/4/2018 New Air Purification Product Developed with Chipotle Mexican Grill http://thenumbers.marketplace.org/publicradio/news/read/37392591/rgf Marketplace - The Numbers Online, consumer Saint Paul United States 29 12/5/2018 RGF Releases Avid Air: New Air Purification Product Developed with Chipotle Mexican Grill https://www.marketscreener.com/CHIPOTLE-MEXICAN-GRILL-12109/news 4-Traders - Online Online, news and business France 1,362,258 12/6/2018 Grand Celebration Resumes Regularly Scheduled Cruises https://cruiseradio.net/grand-celebration-resumes-regularly-scheduled-cruCruise Radio Online, trade/industry United States 49,759 12/6/2018 Cruise Line to Resume Daily Cruises to the Bahamas https://cruisefever.net/cruise-line-to-resume-daily-cruises-to-the-bahamas Cruise Fever Online, consumer National United States 175,165 12/7/2018 Grand Celebration Resuming Cruises From Palm Beach https://cruise-addicts.com/grand-celebration-resuming/ Cruise Addicts Online, consumer Parrish National United States 22,357 12/7/2018 Bahamas Paradise Cruise Line's Grand Celebration Returns http://www.latecruisenews.com/2018/12/07/bahamas-paradise-cruise-lin Late Cruise News Online, consumer United Kingdom 8,709 12/7/2018 Grand Celebration Returns to Palm Beach https://www.cruiseindustrynews.com/cruise-news/20040-grand-celebratioCruise Industry News Quarterly Online Online, trade/industry New York New York, NY United States 56,205 12/7/2018 Cruise Ship Returns to Fleet After Being Chartered https://www.cruisehive.com/cruise-ship-returns-to-fleet-after-being-chart Cruise Hive Online, trade/industry Chengdu City China 47,690 12/7/2018 Cover Story: Logistics startups find lucrative opportunities in South Florida South Florida Business Journal Magazine, trade/industry Miami Miami-Fort Lauderdale, FL United States 12/10/2018 Bahamas Paradise's Grand Celebration Returns to Revenue Sailings http://www.insidertravelreport.com/bahamas-paradises-grand-celebrationInsider Travel Report Online, consumer National United States 16,053 12/10/2018 Bahamas Paradise Cruise Line's Grand Celebration Resumes Sailings https://www.travelagentcentral.com/cruises/bahamas-paradise-cruise-lineTravel Agent Magazine Online Online, trade/industry New York New York, NY United States 161,359 12/11/2018 Bahamas Paradise Cruise Line Offering 12 Days of Cruise Deals Until Christmas https://cruisefever.net/bahamas-paradise-cruise-line-offering-12-days-of-c Cruise Fever Online, consumer National United States 175,165 12/13/2018 Grand Celebration Resumes Regularly Scheduled Cruises http://intravelreport.blogspot.com/2018/12/grand-celebration-resumes-reInternational Travel Report Blog, consumer National National United States 521 12/13/2018 Bahamas Hotel News http://www.jetsettersblog.com/blog/hotels/bahamas-hotel-news/ Jetsettersblog Blog, consumer Whitewood National United States 13,587 12/14/2018 Bahamas Paradise Cruise Line's Grand Celebration Resumes Sailings https://world.einnews.com/article__detail/country/bahamas/471136368- EIN News Online, news and business Washington National United States 667,983 12/15/2018 Why Riviera Beach won't open $2 million warehouse? Firm owner says racism, unnecessary delays https://www.palmbeachpost.com/news/20181215/why-riviera-beach-wonPalm Beach Post Online, The Online, consumer West Palm Beach West Palm Beach-Fort Pierce, FL United States 3,846,630 12/16/2018 Why Riviera Beach won't open $2 million warehouse? Firm owner says racism, unnecessary delays https://www.equities.com/news/why-riviera-beach-won-t-open-2-million-wEquities.com Online, consumer Culver City Los Angeles, CA United States 155,802 12/17/2018 Owner says biased official is blocking warehouse opening Palm Beach Post, The Newspaper West Palm Beach West Palm Beach-Fort Pierce, FL United States 12/18/2018 December 18, 2018 Update – Group Cruise News - The Group Travel Leader http://grouptravelleader.com/articles/december-18-2018-update-group-cr Group Travel Leader Online, The Online, trade/industry Lexington National United States 1,090 12/20/2018 Map of Florida's Airports, Seaports, Spaceports https://www.floridatrend.com/article/3290/map-of-floridas-airports-seapoFlorida Trend Online Online, trade/industry Saint Petersburg Tampa-Saint Petersburg, Sarasota, FL United States 133,738 12/20/2018 PBIA Director Bruce Pelly's legacy: Growth and modernization https://www.palmbeachpost.com/news/20181220/pbia-director-bruce-pe Palm Beach Post Online, The Online, consumer West Palm Beach West Palm Beach-Fort Pierce, FL United States 3,846,630 12/23/2018 Iron-willed director of airports to retire Palm Beach Post, The Newspaper West Palm Beach West Palm Beach-Fort Pierce, FL United States 12/31/2018 This year, he climbed Everest, ran across the Alps. What's left for 2019? Plenty. https://www.palmbeachpost.com/news/20181231/this-year-he-climbed-e Palm Beach Post Online, The Online, consumer West Palm Beach West Palm Beach-Fort Pierce, FL United States 3,846,630
162
From: John Isbitski [mailto:[email protected]] Sent: Tuesday, December 18, 2018 10:58 AM To: Aidy Alonzo
Aidy,
Sorry for the delay in responding. The students had a great time and really enjoyed the website tracker. I will definitely keep your information to plan another trip to the port next year with my new class. This was such an eye opening experience for them, plus with seeing the sugar from Belle Glade and how it was a part of the functioning of the port.
Again, thank you for taking the time to show the students around the port and the excellent presentation.
Best regards,
John Isbitski Glades Central Community High School 1001 SW Avenue M Belle Glade, FL 33430 (561) 993-4400
163 164 Agenda Item No: F.9
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Jackelin Machado Submitting Department: Business Development / Communications Item Type: Community Grants Agenda Section: CONSENT AGENDA
Subject: Community Grants
Background: DR. MARTIN LUTHER KING, JR. COORDINATING COMMITTEE (MLKCC) Its mission is to provide cultural activities to honor Dr. King and to enable people to reflect on his life and teachings through education, cultural performances, exhibitions and events. These multi-ethnic, family oriented activities garner the support of families, community leaders and activists to motivate students, enrich their lives, and launch them toward careers in their area of interest.
IVY EDUCATIONAL FOUNDATION The purpose of the Ivy Educational Foundation is to activate and encourage high scholastic and ethical standards in high school students, conduct workshops and other service programs to help alleviate problems in the community, provide a scholarship program for deserving high school students to pursue a higher education, sponsor clubs for youth groups and carry out charitable, scientific, technological, literary and educational activities.
These organizations have a completed W-9 on file and Port Staff have verified that they have the 501(c)(3) designation.
Financial Impact: Yes
Financial Impact Details: These items are funded from the FY19 Operating Budget. Commissioner allocation details attached.
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Addition - Request for donation from Operation Hope - $500 donation approved.
Suggested Action: 165 Motion to approve and ratify the donation of $100.00 and the purchase of three tickets to the MLK Breakfast hosted by the MLK Coordinating Committee in the amount of $135.00; and the donation of $150.00 to the Ivy Educational Foundation.
Attachments: MLK Scholarship Breakfast 2019.pdf
IVY Educational Foundation.pdf
Board Directed Expenditures.pdf
166 167 168
Martin Luther King Jr. Coordinating Committee Edith C. Bush, Executive Director www.mlkccpbc.org 41mm Program Itinerary 2019
“Live the Dream: “Allow Justice, Peace and Love to Flow Like Never Ending Rivers”
January 11th _ Friday - 6:30 p.m. January 19th - Saturday - 6:30 p.m. MLK Kick Off Service Performing Arts Finalists Competition MLK Landmark Memorial Roosevelt Middle School 2400 Flagler Drive West Palm Beach, FL 33407 1900 Australian Ave., West Palm Beach, FL 33407 Reception Immediately Following In Time Church of God in Christ (Sponsor) January 20th – Sunday – 3:00 p.m. 1025 7th Street, West Palm Beach, FL 33401 Gospel Fest Orthodox Primitive Baptist Church January 12th – Saturday - 6:30 p.m. 2900 Australian Ave., West Palm Beach, FL 33407
Candlelight Service January 21st – Monday - 8:00 a.m. Greater Antioch Missionary Baptist Church (Sponsor) Annual MLK Breakfast/Essay Contest Awards 1915 Spruce Ave., West Palm Beach, FL 33407 Palm Beach County Convention Center Reception Immediately Following 650 Okeechobee Blvd, West Palm Beach, FL 33401
January13th – Sunday – 4:00 p.m. January 21st – Monday - 3:00 p.m.-5:00 p.m. Unity Day/Interfaith Service South Florida Fair - Community Stage - MLK DAY Emmanuel Missionary Baptist Church 9067 Southern Blvd., West Palm Beach, FL 33411
1220 Pioneer Road, Mangonia Park, FL 33407 February 2, 2019 – Saturday January 16th – Wednesday - 6:30 p.m. Zora Neal Hurston Festival, Eatonville, FL Performing Arts Auditions Roosevelt Middle School PALM BEACH DRAMAWORKS (sponsored discounts) 1900 N. Australian Ave. , West Palm Beach, FL 33407 "SPITFIRE" - FEB. 1-24
January 17th – Thursday - 5:00 p.m. 'FENCES' - MARCH 29 - APRIL 1 Arts Awards & Reception (middle school - adults)
Classroom Teachers Association (CTA) April 27th – Saturday – 10:00 a.m. – 2:00 p.m. 715 Spencer Drive, West Palm Beach, FL 33409 Health and Safety Fair, Book Fair, Fashion Show Trinity United Methodist Church January 18th – Friday – 6:00 p.m. (reception) 1401 9th Street, West Palm Beach, FL 33401 “Freedom Shabbat” 6:30 p.m. (worship service) June - August Temple Israel of West Palm Beach (Sponsor) 1901 North Flagler Drive, West Palm Beach, FL 33401 Pen and Pencil Peace Camp Intercity Upbeat Multi-Purpose Center January 19th - Saturday – 9:00 a.m. 1832 Wabasso Drive Suite “C” Oratorical Competition West Palm Beach, FL 33409 Roosevelt Middle School December 2019 – 6:30 p.m. 1900 Australian Ave., West Palm Beach, FL 33407 Interfaith Vigil Against Gun Violence MLK Landmark Memorial 2400 Flagler Drive - West Palm Beach, FL 33407
(Instructional and Non=Instructional School District Employees may earn In-service points)
Co-Sponsors: Greater West Palm Beach Business Professional Club, Eta Phi Beta Sorority, Searcy, Denney Scarola, Barnhart & Shipley, PA, School District of Palm169 Beach County, Women’s International League for Peace and Freedom, Westboro Business and Professional Women’s Club, JBK Marketing Pro, Dixie Printing, FPL, FL State Senator Bobby Powell Jr., In Time COGIC, South Florida Fair
170
December 19, 2018
Attorney and Mrs. Wayne Richards 7681 Woodsmuir Drive West Palm Beach, FL 33412-1652
Dear Wayne and Elrika,
The Ivy Educational Foundation, Inc., a 501(c)(3) non-profit organization and the charitable arm of Zeta Tau Omega Chapter of Alpha Kappa Alpha Sorority, Inc., will present the Taste of the Vine, our annual wine tasting event on Friday, February 22, 2019 at the Riviera Beach Marina Event Center at 7:00 p.m. The proceeds from this event will help raise vital funds to offset the costs for our scholarships, youth group sponsorships and community outreach programs.
We are inviting you to be a part of this event by purchasing a sponsorship. Attached you will find a detailed listing of the sponsorship opportunities and a sponsorship form.
Zeta Tau Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated was chartered in Palm Beach County in 1955. The chapter has served this community through various projects. Some of these projects have included awarding scholarships to graduating high school seniors, tutoring, mentoring, seniors’ assistance, health awareness and community outreach programs. For more information about the organization, please visit our website at www.akazto.com.
Thank you for considering a sponsorship. If you have any questions or require additional information, please feel free to contact Carmen Richardson at 561-315-3335.
Sincerely,
Ivy Educational Foundation
Attachments
171
Taste of the Vine February 22, 2019
Sponsorship Opportunities
Platinum Sponsor - $1,500: Opportunity for representative to speak during the wine tasting event 4 complimentary event tickets Recognition from the speaker’s platform at the event Name listed on digital signage which will be displayed at the event Social Media Acknowledgment Gold Sponsor - $1,000: 4 complimentary event tickets Recognition from the speaker’s platform at the event Name listed on digital signage which will be displayed at the event Social Media Acknowledgment Silver Sponsor - $500: 2 complimentary event tickets Recognition from the speaker’s platform at the event Name listed on digital signage which will be displayed at the event Social Media Acknowledgment Bronze Sponsor - $250: 1 complimentary event ticket Name listed on digital signage which will be displayed at the event Social Media Acknowledgment Friends of AKA - $100: Name listed on digital signage which will be displayed at the event 172
SPONSORSHIP FORM
Taste of the Vine Event Friday, February 22, 2019
SPONSOR INFORMATION
Name of Business:
Contact Name:
Address:
City, State, Zip:
Phone:
Email:
Sponsorship Level:
Soror Soliciting Donation:
Name as it should appear on the digital signage:
The Sponsorship Form must be returned by February 15, 2019 to:
P.O. Box 8521, West Palm Beach, FL 33407 Ivy Educational Foundation, Inc. (CH50459) is a registered 501 (c) (3) nonprofit organization. A copy of the official registration and financial information can be obtained from the Division of Consumer Services by calling toll free within the state. 1-800-Help-FLA Your donations are tax deductible to the extent permitted by law. Please keep a copy of this form for your records. Our Federal Tax ID number is 80-0026653. 173
Community Grant Program Budget
Commission Member Ad (A), PWM (Oct-18 -Dec-18) Approval/ Payment Method: Request BJC JLE KMW WMR Donation(D), Processing JDA (Jan-19- Sep-19) Total Ratification Check (CK) Date Sponsorship (SS) Date (Month-Yr) Credit Card (CC) Requestor (Organization) or Tickets (TKS) $2,000.00 $2,000.00 $2,000.00 $ 2,000.00 $2,000.00
9/18/2018 JFK Middle School - - - $ 250.00 - D $ 250.00 Oct-18 CK 10/19/2018 10/10/2018 United Missionary Baptist Church, Inc $ 50.00 $ 300.00 - $ 150.00 - A and D $ 500.00 Oct-18 CK 10/19/2018 11/15/2018 I Am Who I Am, Inc. $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 D $ 500.00 Nov-18 /Dec-18 CK 12/19/2018 11/27/2018 Holy Ground PBC - $ 200.00 - - - TKS $ 200.00 Dec-18 CK 12/19/2018 11/27/2018 Alpha Phi Alpha Fraternity West Palm Beach - $ 268.48 - - - TKS $ 268.48 Dec-18 CC 11/27/2018 12/4/2018 Navy League - PB Council - $ 55.00 - - - TKS $ 55.00 Dec-18 CC 12/5/2018 1/8, 1/11 1/8/2019 MLK Jr. Coordinating Committee - $ 190.00 - $ 45.00 - D and TKS $ 235.00 Jan-19 CC and 1/14/2019 1/11/2019 Ivy Educational Foundation, Inc - - - - $ 150.00 D $ 150.00 Jan-19 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL SPENT $ 150.00 $1,113.48 $ 100.00 $ 545.00 $ 250.00 $ 2,158.48
BALANCE $1,850.00 $ 886.52 $1,900.00 $ 1,455.00 $1,750.00
* Board members may use community grant event money for application recommendations should they not plan on attending any community grant events during a specific round of funding. 174 Agenda Item No: F.10
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Tracy Carey Submitting Department: Finance Item Type: Items for Ratification Agenda Section: CONSENT AGENDA
Subject: Item for Ratification Agreement for Dunbar armored car service
Background: The checks and cash liability was increased from $150,000 to $350,000 in June 2018, increasing the monthly cost from $226.15 to $260.00.
Financial Impact: Yes
Financial Impact Details: This service is funded out of the FY 2019 Operating Budget.
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: Motion to ratify the Dunbar agreement in the amount of $260.00 per month.
Attachments: Dunbar Agreement for Ratification.pdf
175 176 Agenda Item No: F.11
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Venice Howard Submitting Department: Clerk's Office Item Type: Bond Agenda Section: CONSENT AGENDA
Subject: Commission Bonds
Background: The Port Charter requires Commissioners, assuming the duties of the Office of Commissioner of the Port of Palm Beach District, to have a bond in the amount of $25,000.00 that must be approved by and filed with the Board of Commissioners of the District.
Financial Impact: Yes
Financial Impact Details: The cost for each 4-year bond is $325.00 and will be paid from the Port’s FY2019 Operating Budget.
Additional Information Attached: Yes
Action Taken WMR/JLE 5-0
Suggested Action: Motion to approve the purchase of 4-year public official bonds for Commissioner Blair J. Ciklin and Commissioner Joseph D. Anderson in the amount of $25,000.
Attachments: Ciklin - 2019-2023.pdf
Anderson - 2019-2023.pdf
177 178 179 180 181 Agenda Item No: G.1
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Karen Emery Submitting Department: Executive Office Item Type: Reports Agenda Section: DISTRICT REPORTS
Subject: Executive Director's Report
Background: An outline of the topics to be reported on at the January 17, 2019 Regular Board Meeting is attached for your review.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken
Suggested Action: Informational Item Only
Attachments: 1-17-19 - Executive Director Report.pdf
182 PORT OF PALM BEACH DISTRICT EXECUTIVE DIRECTOR’S REPORT BOARD OF COMMISSIONERS MEETING January 17, 2019
Around the Port
• DP World, one of the largest worldwide terminal operators, has formed a joint venture with Industrial Engineering Specialist, SMS Group to build a multiple floor container storage system. The system places each container in an individual rack compartment. In the picture provided on the monitor you can see containers are stored in an 11-story tall steel rack system that increases storage capacity by as much as 300% depending on the size of the terminal and volume of containers. The first of this type of container storage will be on display at Jebel Ali Terminal #4, Dubai, City in United Arab Emirates, for the 2020 world fair.
• Commercial Steel (Importers of steel rebar) update: Company has purchased approximately four acres directly west of Port of Palm Beach next to Stoneybrook, formerly the Cemex Cement Terminal. Commercial Steel has received permits from the City of Riviera Beach to begin converting the current terminal for the use of storing steel rebar and steel materials. The steel products will be distributed throughout South Florida from this facility. Commercial Steel will continue to use the Port of Palm Beach for the importation of steel rebar, and the product will go directly from the ship to awaiting trucks and out to this facility for domestic distribution.
*** UPDATE: The City of Riviera Beach has given the permit and therefore Commercial Steel will pursue the final phase of the permit process. They have informed us that we will also receive 6,400 MTs (metric tons) of steel. Further, if steel sanctions to Turkey are lifted, we can expect one vessel per month.
• Teeters Mullins Property – Update: As previously reported, Teeters is in the process of preparing their Receiving Terminal to better facilitate the delivery of automobiles for export. To that end, the Port hired Earth Systems to conduct an asbestos survey, lead based paint survey and hazardous materials inventory study. Good news – The lead-based paint survey showed the lead levels were below the EPA regulatory limits. With regard to hazardous materials, a few minor infractions were present and they include: removal of five light ballasts and approximately four fluorescent light bulbs. Teeters is responsible for removal of five multi-use dry chemical Type A, B and C fire extinguishers, one 300- gallon storage container, one 22-gallon pressure tank, one 5-gallon container of lacquer thinner, and eleven 2-gallon gasoline canisters.
• Congratulations go out to the Palm Beach North Chamber of Commerce, led by President and CEO Beth Kigel, as they were ranked 6th out of 25 Chambers in the region’s Chambers of Commerce based on annual membership dues collected.
• Commissioner Joe Anderson Swearing-In Event. Last Tuesday, 1/8/19, we held the Inauguration of our newest commissioner, Joe Anderson, in our cruise terminal. Over 100 guests attended. This event was well organized and coordinated.
183
Events
2019 Florida Ports Council and AAPA Events • AAPA – Planning for Shifting Trade – January 30-31 - Tampa, FL • AAPA – Cruise Seminar – February 20-21 – Miami, FL • AAPA – AAPA - Spring Conference – March 19-21 – Washington, DC • AAPA – Business Development Workshop – April 3 – Houston, TX • AAPA – Facilities Engineering Seminar – April 24-26 – Jacksonville, FL
• FPC – Florida Supply Chair Summit – February 6-7 – Orlando, FL • FPC – Washington, D.C. Spring Fly-In – February 13-14 – Washington, DC • FPC – Florida Chamber of Commerce Legislative Fly-In – February 19-21 – Tallahassee, FL • FPC – 2019 State of the Taxpayer Dinner – March 6 – Tallahassee, FL • FPC – Spring Board Meeting & Legislative Forum – March 25-27 – Tallahassee, FL
184
Agenda Item No: G.2
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Jose Soler Submitting Department: Engineering Item Type: Reports Agenda Section: DISTRICT REPORTS
Subject: Engineering Report
Background: Attached for your review is a copy of the Engineering Report for the month of December 2018. I will also be presenting an oral report at the January 17, 2019 Regular Board meeting.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken
Suggested Action: The Board of Commissioners is respectfully requested to review the briefing materials.
Attachments: Engineers Report - Commisioners Meeting - January 17 2019.pdf
185 Port of Palm Beach Engineer’s Report Commission Meeting | January 17, 2019
Berth 17 and Paving Project
Even though Contractor continues to work on construction activities required in order to achieve project substantial completion, on Monday, November 26th, the Berth received its first vessel, the Duke of Topsail, and it was incorporated into the Port’s daily vessel schedule. On the water side, the construction activities related to the Dolphin structures that continue to be pending are the installation of the navigation lights, which have not been completed. In addition to the dolphin structures items, in relation to the dredging activities, the contractor is still pending to submit a final certified survey in accordance with the Contract’s specification requirements to a depth of -28 feet MLLW.
On the upland side, the electrical subcontractor continues to work on the completion of pending items, which includes the installation of site poles lighting fixtures and wiring, completion of the equipment installation and wiring of the shore power station and final energization of all the new systems.
The last pay application processed by the Port was the working period of February 2018, which was submitted by the contractor with the required documents on December 19, 2018. As of February 2018 pay application, LMH invoices indicate that approximately 88% ($9,235,746.97 to date / $1,290,001.12 balance of approved modified Contract amount) of the work is complete to date, and a total retainage to date is $923,574.70. The draft for the pay application for the working periods of March 2018, April 2018 and May 2018 have been evaluated by AECOM and returned with comments for final submission. The contractor has not submitted the drafts for the pay application for the working period of June 2018 and beyond.
MOB Demolition and Cargo Area Improvement Project
West Construction completed the demolition and removal of the building interior and exterior non-structural components, as well as the controlled demolition of the building’s structural members. The contractor continues with the demolition of the building foundation structures. The building and site demolition activities are scheduled to be completed by the second week of February 2019, after which activities related to the cargo yard construction activities will begin. The project’s electrical subcontractor began with the cutting and removal of the asphalt pavement surface for the construction of the new conduit infrastructure to relocate the existing overhead utilities underground. The project is scheduled to be completed by the end of September 2019.
Berth 1 Bulkhead Improvement Project
During the December Board Meeting, the Board of Commissioners authorized the Executive Director to sign Work Orders with Kimley-Horn finalizing the competitive negotiations with the selected Firm for the design of the bulkhead replacement. Port’s engineer and Kimley-Horn design team kick-off meeting was held the day after the approval of the Work Orders. Kimley-Horn’s team began performing underwater surveys of the existing bulkhead wall as well as underground geotechnical soil sampling to collect the necessary data for the design of the new bulkhead wall.
186 Agenda Item No: G.3
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Venice Howard Submitting Department: Clerk's Office Item Type: Reports Agenda Section: DISTRICT REPORTS
Subject: Commissioner Reports
Background: Commissioners will provide updates on non-agenda matters.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: No
Action Taken
Suggested Action: None. Informational Item Only.
Attachments:
187 Agenda Item No: G.4
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Venice Howard Submitting Department: Clerk's Office Item Type: Reports Agenda Section: DISTRICT REPORTS
Subject: Governmental Affairs Report
Background: For your review and discussion, attached is a copy of the Governmental Affairs Report provided by Mr. Richard Pinsky.
Financial Impact: No
Financial Impact Details:
Additional Information Attached: Yes
Action Taken
Suggested Action: None. Informational Item Only.
Attachments: Port of Palm Beach Gov Affairs Report January 2019.pdf
188
Port of Palm Beach Governmental Affairs Report January 17, 2019
Florida Legislature There have been two weeks of committee meetings in which legislators have heard presentations on agency priorities, budget forecasts, and reports from interim projects, such as the school safety task force.
Approximately 250 bills have been filed for consideration during the 2019 Legislative Session. In is anticipated another 1,500 bills will be filed between now and the start of Session, which is March 5th.
No bills have been filed directly impacting ports or the Port of Palm Beach as of this date.
Governor Ron DeSantis
The week of January 7th, was not only a committee week, but was also the inauguration of Governor DeSantis and the new Florida Cabinet.
The Governor has been appointing key individuals to his administration. Following is a list of agency heads as well as staff, named to-date:
Governor's Agencies Dana Young, CEO of Visit Florida Mary Mayhew, Secretary of the Florida Agency for Health Care Administration Mark Inch, Secretary of the Florida Department of Corrections Chad Poppell, Secretary of the Florida Department of Children and Families Simone Marstiller, Secretary of the Florida Department of Juvenile Justice Barbara Palmer, reappointed as Director of Florida's Agency for Persons with Disabilities Michael Ertel, Secretary of State Richard Prudom, Secretary of the Florida Department of Elder Affairs Jim Poppell, reappointed as Secretary of Florida Lottery Jim Zingale, PhD, Executive Director of the Florida Department of Revenue Danny Burgess, as Executive Director of the Florida Department of Veterans' Affairs Ken Lawson as Executive Director of the Department of Economic Opportunity Jamal Sowell, Enterprise Florida President & CEO Halsey Beshears, Secretary of the Department of Business & Professional Regulation Richard Corcoran, Florida Education Commissioner Jared Moskowitz, Director of the Florida Division of Emergency Management Noah Valenstein, Secretary of the Department of Environmental Protection
189 1 44365744;1 47236570;1
Governor's Office Shane Strum, Chief of Staff James Blair and Adrian Lukis, Deputy Chiefs of Staff Stephanie Kopelousos, Director of Legislative Affairs Helen Aguirre Ferré, Director of Communications Meredith Beatrice, Deputy Communications Director Cynthia Kelly, Director of the Office of Policy & Budget Chris Spencer, Policy Director Roger “Beau” Beaubien, Director of Cabinet Affairs Dave Vasquez, Press Secretary Justin Caporale, Director of External Affairs Amanda Emmons, Director of Scheduling Makenzi Mahler, Director of Appointments Joe Jacquot as Chief Legal Advisor for Office of General Counsel Melinda Miguel as Chief Inspector General
Lt. Governor, Jeanette Nuñez, appointed Alex Garcia as Chief of Staff
Budget In early February, at least 30 days before the start of Session, the Governor must release a proposed 2019-20 FY Budget. The revenue forecast has been a good one based upon increased tourism. However, any new dollars will be needed to cover costs associated with Hurricane Michael, increases in Medicaid costs and the large number water project needs.
2019 Legislative Session Dates January 22-25, 2019 Interim Committees February 4-8, 2019 Interim Committees February 11-15, 2019 Interim Committees February 19-22, 2019 Interim Committees March 5, 2019 Regular Session convenes May 3, 2019 Last day of Regular Session
PB County Legislative Delegation Representative Matt Willhite was elected to chair the legislative delegation and Representative Rick Roth was elected to serve as vice chair. The next delegation meeting will be held on January 17th. It will be a joint meeting with PB County, followed by the PB County School Board, followed by the PB County League of Cities.
Thursday, January 17, 2019 Florida Atlantic University – John D. MacArthur Campus 5353 Parkside Drive, Jupiter 12:45 pm – 2:15 pm: County Commission 2:30 pm – 3:45 pm: School Board 4:00 pm – 5:15 pm: League of Cities 190 2 44365744;1 47236570;1 Agenda Item No: H.1
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Ken Hern Submitting Department: Operations, Security & Facilities Item Type: Purchasing Agenda Section: OLD BUSINESS
Subject: 11th Street Fence Project - Award of Contract
Background: As previously approved by the Board of Commissioners, the 11th Street Fence project was properly advertised for Bids October 8, 2018 in the Palm Beach Post and the Port's website, with Bids to be received by November 7, 2018. Three Bids were received, having been reviewed and assessed by our Port Engineer, determining Gomez and Son Fence Corp as the lowest qualified bidder.
Financial Impact: Yes
Financial Impact Details: This project will be funded by the FY19 Renewal and Replacement Budget.
Additional Information Attached: Yes
Action Taken WMR/JDA 5-0
Suggested Action: Motion to approve the awarding of contract for the 11th Street Fencing project to Gomez and Son Fence Corp.
Attachments: 11th Street Fence Project No 10-2018 - Bid Analysis.pdf
RFB - 11th Street Fence Project.pdf
191 PORT OF PALM BEACH 11TH STREET FENCE PROJECT #10-2018 Nov-18 BID ANALYSIS
PORT OWNED PROPERTY MARTIN FENCE CO. GOMEZ AND SON FENCE, CORP ALL-SITE CONSTRUCTION, INC. UNIT PRICES 1. BASE BID- Fencing Contract comments comments comments MARTIN GOMEZ ALL-SITE LOWEST A. Demolition $8.75 per lineal foot (l.f.) $3.00 per lineal foot (l.f.) $14.50 per lineal foot (l.f.) $8.75 l.f. x 1000 l.f. $8,750.00 $3.00 l.f. x 1000 l.f. $3,000.00 $14.50 l.f. x 1000 l.f. $14,500.00 $14,500.00 $8.75 $3.00 $14.50 $3.00 GOMEZ
B. Fencing (see fencing specifications) $47.00 per lineal foot (l.f.) $30.95 per lineal foot (l.f.) $60.00 per lineal foot (l.f.) $47.00 l.f. x 1000 l.f. $47,000.00 $30.95 l.f. x 1000 l.f. $30,950.00 $60.00 l.f. x 1000 l.f. $60,000.00 $60,000.00 $47.00 $30.95 $60.00 $30.95 GOMEZ
C. Swing Gates $810.00 per 6' man gate $680.00 per 6' man gate $2,820.00 per 6' man gate $810.00 $680.00 $2,820.00 $680.00 GOMEZ $1,080.00 per 7' to 10' gate $870.00 per 7' to 10' gate $3,360.00 per 7' to 10' gate $1,080.00 $870.00 $3,360.00 $870.00 GOMEZ $1,620.00 per 11' to 12' gate $1,180.00 per 11' to 12' gate $3,620.00 per 11' to 12' gate $1,620.00 $1,180.00 $3,620.00 $1,180.00 GOMEZ $2,700.00 per 14' to 20' double gate $1,880.00 per 14' to 20' double gate $4,980.00 per 14' to 20' double gate $2,700.00 $1,880.00 $4,980.00 $1,880.00 GOMEZ $3,240.00 per 21' to 24' double gate $1,975.00 per 21' to 24' double gate $6,980.00 per 21' to 24' double gate $3,240.00 $1,975.00 $6,980.00 $1,975.00 GOMEZ $4,956.00 per 25' to 30' double gate $2,480.00 per 25' to 30' double gate $7,840.00 per 25' to 30' double gate $4,956.00 $2,480.00 $7,840.00 $2,480.00 GOMEZ $5,500.00 per 31' to 40' double gate $2,780.00 per 31' to 40' double gate $8,970.00 per 31' to 40' double gate $5,500.00 $2,780.00 $8,970.00 $2,780.00 GOMEZ
Subtotal- all swing gates $19,906.00 Subtotal- all swing gates $11,845.00 Subtotal- all swing gates $38,570.00 $38,570.00
D. General Conditions (includes items below) 1. a. For hazardous waste indemnification: $100.00 $100.00 $100.00 2. b. For general indemnification: $100.00 $100.00 $100.00
Subtotal- "General Conditions" $200.00 Subtotal- "General Conditions" $200.00 Subtotal- "General Conditions" $200.00 $200.00 LOWEST BID Mathematical error- TOTAL BASE BID (total of A though D items above) $75,856.00 $45,995.00 $113,270.00 All-Site didn't add $53,270.00 $75,856.00 $45,995.00 $113,270.00 $45,995.00 GOMEZ the $60k of item B
192
PORT OF PALM BEACH DISTRICT
REQUEST FOR BIDS
For
11th STREET FENCE PROJECT
RFB Issue Date: October 8, 2018 Sealed Bids Due: November 7, 2018
193 INVITATION TO BID - ADVERTISEMENT 11TH STREET FENCE PROJECT RFB #10-2018 PORT OF PALM BEACH DISTRICT RIVIERA BEACH, FLORIDA
1. Sealed Bids for the 11th Street Fence Project will be received by the Port of Palm Beach District until 2:00 p.m., (local time), on November 7, 2018 at One East 11th Street, Riviera Beach, Florida 33404, 6th floor. Bids received after this time will be returned unopened. Bids submitted will be opened publicly and read aloud shortly thereafter.
2. The intent of this RFB is to solicit sealed Bids to furnish and install fencing and gates at the Port of Palm Beach District.
3. Bidders are highly encouraged to attend the optional Pre-Bid Meeting scheduled for October 12, 2018 at 10:00 a.m., at 1 E. 11th St., Ste. 600, Riviera Beach, FL 33404.
4. Bid documents will be available on the Port of Palm Beach’s website at http://www.portofpalmbeach.com on October 8, 2018 at 2:00 p.m. (local time).
5. Bidders will be permitted to withdraw their Bids at any time prior to the Bid opening.
6. The bidder agrees that the Bid shall be good and may not be withdrawn for a period ending ninety (90) days thereafter, or the execution of the Contract between the successful Bidder and the Port.
7. The Port reserves the right to waive any technicalities/irregularities and/or to reject and and/or all Bids. The Port further reserves the right to award a contract to that Bidder whose submittal best serves the interest of the Port, in the sole discretion of the Port.
Advertised Palm Beach Post -10/7/18
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PORT OF PALM BEACH DISTRICT MARITIME OFFICE COMPLEX 6th FLOOR ONE EAST 11TH STREET RIVIERA BEACH, FLORIDA 33404
REQUEST FOR BIDS (RFB)
Issue Date: October 8, 2018
Title: 11 Street Fence Project Fencing Services – RFB #10-2018
Term of Agreement Upon issuance of agreement until project completion.
Sealed Bids Due: By 2:00 PM November 7, 2018 Optional Pre-Bid Meeting: 10:00 AM October 12, 2018
Inquiries: This RFB is determined to be complete. Please limit your inquiries to one e-mail inquiry prior to the sealed bid due date. Contact Ken Hern at: [email protected].
Bids shall be delivered to: Purchasing Department Port of Palm Beach District Maritime Office Complex 6th Floor One East 11th Street Riviera Beach, FL 33404 The outside envelope or mailing container must be labeled: 11th Street Fence Project #10-2018
NOTICE: IT IS THE RESPONSIBILITY OF THE BIDDER TO HAVE THEIR BID AT THE PORT OF PALM BEACH DISTRICT BY THE REQUIRED DATE AND TIME. THE BIDDER CANNOT RELY ON THE MAILS OR ANY PRIVATE CARRIER
The time/date stamp located at the District’s Reception Area on the 6th Floor of the Maritime Office Complex will be the official authority for determining late bids.
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Section 1 Services Requested The purpose of this RFB is to solicit sealed Bids to establish an agreement for the Services for the Port of Palm Beach District. The Services are described on Exhibit A. Section 2 Definitions 2.1 “Bidder” refers to any individual, corporation, partnership or agency which responds, in writing, to this RFB. 2.2 “District” is the Port of Palm Beach District - a Special Taxing District of the State of Florida, established under Chapter 7081, Law of Florida. The District is responsible for the RFB. 2.3 “Goods” (if provided in connection with the Services provided for hereunder) shall include all goods, parts, software, materials, equipment, processes, or other items supplied in response to this RFB. 2.4 Exhibits C and D constitute the agreement to be entered into between the District and the Bidder. Section 3 Bid Requirements 3.1 A person who has been placed on the Convicted Vendor List (or an Affiliate of that person) following a conviction for 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 work, may not submit bids on leases of real property to a public entity, may not be awarded and may not perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, for a period of thirty- six months from the date of being placed on the convicted vendor list. The term Convicted Vendor List means that list referenced in Section 287.133(3)(d), Florida Statutes. The term “Affiliate” means: a) A predecessor or successor of a person convicted of a public entity crime; or b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 3.2 The District has an overall goal to provide 12% M/WBE participation in professional services. Describe your approach to help the District achieve its M/WBE goal. 196 4 | P a g e
3.3 All respondents to this RFB must demonstrate experience in performing the Services. 3.4 Bidder shall monitor the District website for addenda. Bidders must include page numbers on every page of their Bid, and return three (3) signed copies (as originals), of the completed RFB (all addenda acknowledgements (if any)). 3.5 Bidder shall complete all Attachments set forth in the Table of Attachments and Exhibits in Section 6. These include the following: a) Attachment 1, the Price Bid, which, as provided by law, must include rates for any renewal terms. District contemplates two, one-year renewal terms after the initial term. The Proposer should include rates for each renewal term. If Bidder is not prepared to quote rates for renewal terms, Bidder can still be considered for the base 36-month agreement, but District may give a higher percentage score under the “Price” element of the Bid Evaluation to a Bidder who provides rates for the renewal periods. b) Attachment 2, the written Narrative Statement must include: (1) Experience in providing services of the general nature and the variety of services available through the Bidder. This must demonstrate the Bidder’s qualifications and recent related experience. (2) Management, Supervisory and Staff experience. (3) Specific plans for meeting the service requirements of the District (4) A brief statement as to why the Bidder is best qualified to perform the required services. (5) Location of all operations in Palm Beach County. Other pertinent data deemed valuable during the evaluation. c) Attachment 3, the Detail of References. d) Attachment 4, List of Management Personnel. This shall include officers, directors, executives, partners, shareholder, employees, members or agents who are active in the management of the entity. This is required so that District can determine compliance with the requirements of Florida Statutes Section 287.133. 3.6 Attachment 5, Sworn Statement. This is a requirement of Florida law and cannot be waived. 3.7 It is the Bidder’s responsibility to meet the Deadline for Bids. Bidder cannot rely on the United States Postal Service, Federal Express, DHL, UPS or any other carrier or courier. Email delivery is not acceptable. The time/date stamp located at the District’s Reception Area on the 6th Floor of the Maritime Office Complex will be the official authority for determining late Bids. Section 4 Bid Evaluation Preliminary evaluation by District staff will be based upon the following factors: 197 5 | P a g e
Description Maximum Score Qualification and Experience of Firm 20% Firm’s ability to perform the Services 20% Firm’s approach to the Services 20% Cost (including renewals, if any) 20% Responsiveness to District’s Requirements 10% References 10% Total Maximum Score 100 percent
The above criteria are not necessarily listed in the order of importance, and the Board of Commissioners will make the final determination of the successful bidder, irrespective of the above scoring. District may, but is not required to, do such additional research as they deem appropriate. Section 5 Miscellaneous 5.1 Table of Attachments and Exhibits: The Exhibits shown on the Table of Attachments and Exhibits in Section 6 shall form a part of Bidders response. 5.2 List of Bidders: Any Bidder wishing to receive a copy of the List of Bidders is required to enclose a stamped, self-addressed envelope with the Bid response. 5.3 Reservation of Rights: The District, acting through the Board of Commissioners, reserves the right to accept or reject any or all Bids, and to accept the Bid which best serves the interests of the District. In doing so District may waive such non- compliance as it deems non-material, provided, however, that the following will not be waived: Deadline for Bids, Sworn Statement, and Section 3.1 hereof (the provisions related to Florida Statutes Section 287.133 (Convicted Vendor List)). 5.4 Public Records: Materials submitted by Bidders and the results of the District’s evaluation are open to public inspection, when and as required by the Florida Public Records Act. Bidders should take special note of this as it relates to any proprietary information that may be included in Bids. 5.5 Non-Exclusivity: The District is not agreeing to purchase the Services exclusively from Bidder. This is not an exclusive contract for provision of Services. The District reserves the right to acquire some or all of the Services under a contract between the Bidder and another governmental entity through “piggy-backing”. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, District reserves the right to award other contracts for the Services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract. 5.6 Warranty: Bidder shall provide a minimum warranty (“Warranty”) of (i) at least one (1) year) as to Goods, and (ii) provide the factory/manufacturer warranty on all Goods furnished hereunder, against defect in materials and/or workmanship. 198 6 | P a g e
The factory/manufacturer warranty shall become effective on the date of delivery and acceptance by District; provided, however, that should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful Bidder shall repair or replace same at no cost to District. 5.7 Contract: This Request for Bids, all Addenda thereto (if any), including the Table of Attachments and Exhibits and the Bidder’s Response shall constitute a part of the contract between District and the successful Bidder. The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful Bidder and District for any terms and conditions not specifically stated in this Request for Response. After award, the contract may be modified by mutual consent, in writing, by and addendum, supplemental agreement, purchase order or change order, as appropriate. 5.8 Conflict: All Bidders shall disclose with their response the name of any officer, director, or agent who is also an employee or a relative of an employee of District. Further, all Bidders shall disclose the name of any District employee or relative of a District employee who owns, directly or indirectly, an interest of ten percent or more in the Bidder’s firm or any of its branches. 5.9 Collusion: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more Bidders over other Bidders. Conviction for the commission of any fraud or act of collusion in connection with any sale, bid, quotation, Bid or other act incident to doing business with any governmental entity may result in permanent debarment. No premiums, rebates or gratuities are permitted to a third party or an employee of District; either with, prior to or after any delivery of Goods or Services. 5.10 Withdrawal of Responses: Responses may be withdrawn only at any time prior to the Response Deadline, by a letter addressed to the Purchasing Manager, which may be delivered via email, as set forth for Inquiries. 5.11 Ties: The Purchasing Manager will decide all ties, by flip of coin. 5.12 Standards: All Goods and Services provided shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements. Bidder further certifies that, if it is the successful Bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the Bidder. Any toxic substance provided to District as a result of this solicitation or resultant contract shall be accompanied by its Safety Data Sheet (SDS). (The SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and 199 7 | P a g e
safety precautions for handling, storing, and transporting the chemical. The information contained in the SDS must be in English. In addition, OSHA requires that SDS preparers provide specific minimum information as detailed in Appendix D of 29 CFR 1910.1200). 5.13 Governing Law and Venue: The RFB and the contract resulting from it shall be construed and enforced under the laws of the State of Florida and the venue in any litigation in connection therewith shall be in Palm Beach County, Florida. 5.14 Cone of Silence: The “Cone of Silence” is in effect from the date and time of the deadline for submission of the response, and terminates at the time that the Board of Commissioners awards or approves a contract, rejects all responses, or otherwise takes action which ends the solicitation process. During the period of the Cone of Silence, there shall be no oral or written communications with any District Commissioner or employee regarding the subject matter of this Request for Bids. Section 6 Table of Attachments and Exhibits Table of Attachments and Exhibits Attachment 1 Price Bid Form To be completed by Vendor Attachment 2 Narrative Statement To be completed by Vendor Attachment 3 Specific References To be completed by Vendor Attachment 4 List of Management Personnel To be completed by Vendor Exhibit A Services Requested To be completed by District Exhibit B Required Insurance To be completed by District Exhibit C Sworn Statement of Contractor To be completed and signed by Vendor, and notarized Exhibit D Sample Contract for Services To be completed by District Exhibit E General Conditions to Contract for To be completed by District Services
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EXHIBIT A SERVICES REQUESTED
The following is the required Description of Work:
Prior to any demolition and/or construction repair:
1. The Contractor shall include all applicable permitting costs from the City of Riviera Beach or any other agency having jurisdiction. The Contractor is responsible for obtaining this permit as part of Base Bid unit prices prior to commencement of construction. The Port of Palm Beach District will be responsible for all permit fees associated with each individual project/purchase order.
Demolition:
1. Remove existing ornamental fencing along 11th Street, South side and Avenue “C” along the Port’s boundary and stacked neatly, to be disposed of by others. 2. The contractor shall only demolish the quantity of existing fence that can be replaced with the new fence during that same day due to the strict security requirements of the Port of Palm Beach District. 3. The contractor shall properly and legally dispose of all waste associated with the fencing demolition project. 4. The contractor shall coordinate all demolition measurements with the Port’s Director of Facilities.
Fencing Installation:
1. Install standard 9 gauge industrial 6’ green powder coated fencing. 2. The contractor shall only expose the amount of fence installation that can be replaced during that same day of construction. 3. The contractor shall properly and legally dispose of all waste associated with the fencing construction. 4. The contractor shall coordinate all fencing measurements with the Port’s Director of Facilities as to allow for agreement and proper payment processing. 5. The fencing shall meet the current building code requirements.
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Gates – Swing:
1. Install 9 gauge industrial 6’ green powder coated swing gates 2. The contractor shall only expose the amount of gate installation that can be replaced during that same day of construction. 3. The contractor shall properly and legally dispose of all waste associated with the gate construction. 4. The contractor shall coordinate all gate measurements with the Port’s Director of Facilities as to allow for agreement and proper payment processing. 5. The gates shall meet the current building code requirements.
Screening:
1. Install green mesh screening for entire project. 2. Provide Port with spare/backup screening for the entire fenced area.
Other:
1. The contractor shall properly and legally dispose of all waste associated with the fencing construction. 2. Strict security shall be maintained at all times. All personnel must be badged by PORT Security and wear the badge at all times while on Port property.
Please see attached fencing and gate specifications.
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CHAIN-LINK FENCES AND GATES SPECIFICATIONS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Aluminum chain-link fabric, standard industrial gauge, powder coated
B. Galvanized steel framework.
1.2 SUBMITTALS
A. Product Data: Material descriptions, construction details, dimensions of individual components and profiles, and finishes for the following:
1. Fence and gate posts, rails, and fittings. 2. Chain-link fabric, reinforcements, and attachments. 3. Gates and hardware.
B. Shop Drawings: Show locations of fence, each gate, posts, and tension wires and details of extension arms, gate slide, hardware, and accessories. Indicate materials, dimensions, sizes, weights, and finishes of components. Include plans, elevations, sections and other required installation and operational clearances, and details of post anchorage and attachment and bracing.
1.3 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed chain- link fences and gates similar in material, design, and extent to those indicated for this Project and whose work has resulted in construction with a record of successful in-service performance.
B. Source Limitations for Chain-Link Fences and Gates: Obtain each grade, finish, type, and variety of component for chain-link fences and gates from one source with resources to provide chain-link fences and gates of consistent quality in appearance and physical properties.
1.4 PROJECT CONDITIONS
A. Field Measurements: Verify layout information for chain-link fences and gates to match location and length of existing fence to be removed. Verify dimensions by field measurements.
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PART 2 PRODUCTS
2.1 CHAIN-LINK FENCE FABRIC
A. Aluminum-Coated Steel Chain-Link Fence Fabric: ASTM A491, with mill finish. Mesh and Wire Size: 2-inch mesh, 0.192-inch diameter.
B. Selvage: Twisted at top selvage and knuckled at bottom.
2.2 INDUSTRIAL FENCE FRAMING
A. Round Steel Pipe: Standard weight, Schedule 40, galvanized steel pipe complying with ASTM F1083. Comply with ASTM F1043, Material Design Group IA, external and internal coating Type A, consisting of not less than 1.8-oz./sq. ft. zinc; and the following strength and stiffness requirements:
1. Brace Rails: 1.560 in., 2.27 lb./ft. 2. Line Posts: 2.375 in., 3.65 lb./ft. 3. End, Corner and Pull Posts: 2.875 in., 5.79 lb./ft. 4. Gate Posts: 4.00 in., 8.65 lb./ft.
2.3 TENSION WIRE
A. General: Provide horizontal tension wire at the following locations:
B. Location: Extended along top of fence fabric.
C. Location: Extended along bottom of fence fabric.
D. Aluminum Wire: 0.192-inch-diameter tension wire, mill finished, complying with ASTM B211, alloy 6061-T94 with 50,000-psi minimum tensile strength.
2.4 FITTINGS
A. General: Provide fittings for a complete fence installation, including special fittings for corners. Comply with ASTM F626.
B. Brace Ends: Hot-dip galvanized pressed steel or hot-dip galvanized cast iron. Provide rail ends or other means for attaching rails securely to each gate, corner, pull, and end post.
C. Tension and Brace Bands: Mill-finished aluminum.
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D. Tension Bars: Mill-finished aluminum, length not less than 2 inches shorter than full height of chain-link fabric. Provide one bar for each gate and end post, and two for each corner and pull post, unless fabric is integrally woven into post.
E. According to CLFMI, truss rod may be eliminated from compression brace in any line of steel fence with round or C-section line post that has a continuous center rail. Diagonal truss rod assemblies are positioned at a 45- to 50-degree angle running from brace rail, usually at midpoint of line post to bottom of terminal post.
F. Truss Rod Assemblies: Hot-dip galvanized steel rod and turnbuckle or other means of adjustment.
G. Tie Wires, Clips, and Fasteners: Provide the following types according to ASTM F626:
1. Standard Round Wire Ties: Aluminum: ASTM B211; alloy 1350-H19; 0.192-inch-diameter, mill-finished wire.
H. Round Wire Hog Rings: Aluminum for attaching chain-link fabric to horizontal tension wires.
1. Pipe Sleeves: For posts set into concrete, provide preset hot-dip galvanized steel pipe sleeves complying with ASTM A53, not less than 6 inches long with inside dimensions not less than 1/2 inch more than outside dimension of post, and flat steel plate forming bottom closure.
2.5 INDUSTRIAL SWING GATES
A. General: Comply with ASTM F900 for swing gate types.
1. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F1043 and ASTM F1083 for materials and protective coatings. 2. Metal Pipe and Tubing: Aluminum. Comply with ASTM B429 and ASTM F1043 for materials and protective coatings.
B. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside dimension and weight according to ASTM F900 and the following:
1. Gate Fabric Height: 2 inches less than adjacent fence height. 2. Leaf Width: As indicated. 3. Frame Members: Tubular steel – 1.90 inches round. 205 5
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C. Frame Corner Construction: Welded.
D. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and keepers for each gate leaf more than 5 feet wide. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. The gate shall have stainless steel, adjustable, self-closing gate hinges to assure that the gate closes upon passage of personnel. The gate manufacturer shall attach the hinges to the gate frame and gate post as recommended by the hinge manufacturer.
E. The gate shall only open toward the inside of the compound and have positive stops attached to the gate to prevent operating outward.
2.6 GROUT AND ANCHORING CEMENT
A. Nonshrink, Nonmetallic Grout: Premixed, factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C1107. Provide grout, recommended in writing by manufacturer, for exterior applications.
B. Erosion-Resistant Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic-controlled expansion cement formulation for mixing with potable water at Project site to create pourable anchoring, patching, and grouting compound. Provide formulation that is resistant to erosion from water exposure without needing protection by a sealer or waterproof coating and that is recommended in writing by manufacturer for exterior applications.
PART 3 EXECUTION
3.1 PREPARATION
A. Survey and reference location of the existing fence before removal. Stake locations of new fence lines, gates and terminal posts. Trace and protect locations of utilities, lawn sprinkler system, underground structures, benchmarks, and property monuments.
B. Verification required prior to any cuts.
3.2 INSTALLATION, GENERAL
A. General: Install chain-link fencing to comply with ASTM F567 and more stringent requirements specified.
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B. Post Excavation: Drill-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed or compacted soil.
C. Post Setting: Hand-excavate holes for post foundations in firm, undisturbed or compacted soil. Set posts in concrete footings. Protect portion of posts aboveground from concrete splatter. Place concrete around posts and vibrate or tamp for consolidation. Using mechanical devices to set line posts per ASTM F567 is not permitted. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during placement and finishing operations until concrete is sufficiently cured. Extend concrete 2 inches above grade, smooth.
3.3 CHAIN-LINK FENCE INSTALLATION
A. Terminal Posts: Locate terminal end, corner, and gate posts per ASTM F567 and terminal pull posts at changes in horizontal or vertical alignment of 15 degrees or more.
B. Line Posts: Space line posts uniformly at 10 feet o.c.
C. Post Bracing Assemblies: Install according to ASTM F567, maintaining plumb position and alignment of fencing. Install braces at end and gate posts and at both sides of corner and pull posts. Locate horizontal braces at midheight of fabric on fences with top rail and at two-thirds fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension.
D. Tension Wire: Install according to ASTM F567, maintaining plumb position and alignment of fencing. Pull wire taut, without sags. Fasten fabric to tension wire with 0.120-inch-diameter hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches o.c. Install tension wire in locations indicated before stretching fabric.
1. Top Tension Wire: Install tension wire through post cap loops. 2. Bottom Tension Wire: Install tension wire within 6 inches of bottom of fabric and tie to each post with not less than same gage and type of wire.
E. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 2 inches between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released.
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F. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not more than 15 inches o.c.
G. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at one end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric per ASTM F626. Bend ends of wire to minimize hazard to individuals and clothing. Maximum Spacing: Tie fabric to line posts 12 inches o.c. and to braces 24 inches o.c.
H. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts.
3.4 GATE INSTALLATION
A. General: Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper-resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary.
3.5 ADJUSTING
A. Gates: Adjust gates to operate smoothly, easily, and quietly, free from binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding.
B. Lubricate hardware, gate operators, and other moving parts.
END OF SECTION
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EXHIBIT B REQUIRED INSURANCE
The minimum limits of liability for the insurance required under this Contract shall not be less than as follows:
A. Workers’ Compensation:
1. Employer’s Liability $1,000,000.00
B. Contractor’s Liability Insurance:
1. General Aggregate (Except Products – Completed Operations) $2,000,000.00 2. Products – Completed Operations Aggregate $2,000,000.00 3. Personal Injury (Per Person/Occurrence) $1,000,000.00 4. Each Occurrence (Bodily Injury/Property Damage) $1,000,000.00 5. Excess Liability General Aggregate $1,000,000.00 Each Occurrence $1,000,000.00
C. Automobile Liability:
1. Bodily Injury Each Person $1,000,000.00 Each Accident $1,000,000.00
2. Property Damage Each Occurrence $1,000,000.00 OR 3. Bodily Injury and Property Damage Combined Single Limit Each Occurrence $1,000,000.00 Aggregate $1,000,000.00
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EXHIBIT C SWORN STATEMENT OF CONTRACTOR
(SECTION 287.133(3)(A)) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES) (NOTE: THIS MUST BE COMPLETED WITHOUT ALTERATION OR QUALIFICATION OR YOUR RESPONSE TO THE RFB WILL BE REJECTED) THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn Statement is submitted to the PORT OF PALM BEACH DISTRICT (“PORT”) by ______whose business address is ______, and (if applicable) its Federal Employer Identification Number (FEIN) is: ______. (If the entity has no FEIN, include the Social Security Number of the individual signing this Sworn Statement: ______). I understand that a “public entity crime” as defined in Florida Statutes §287.133(1)(g), means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that a “convicted” or “conviction” as defined in Florida Statutes §287.133(1)(b), means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an “affiliate” as defined in Florida Statutes §287.133(1)(a), Means: a) A predecessor or successor of a person convicted of a public entity crime: or b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a “person” as defined in Florida Statutes §287.133(1)(e), means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 210 10
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Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this Sworn Statement. [Indicate which statements apply.] (A) ______(No Convictions) Neither the entity submitting this Sworn Statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of this entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (B) ______(Convictions) The entity submitting this Sworn Statement or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of this entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, but the entity and no such person is on the Convicted Vendor List as defined in Florida Statute §287.133. [PORT STAFF – If this item is checked, you must consult with the District Executive Director or CFO)] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PORT IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PORT OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO. ______(Signature of person signing) ______(Printed name of person signing) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of ______, 20__, by ______, as ______(Title) of ______, a Florida ______(Type of entity) on behalf of the entity. He/she is personally known to me or has produced ______as identification. Notary Public, Commission No. ______SEAL ______Name of Notary, typed, printed or stamped
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EXHIBIT D SAMPLE CONTRACT FOR SERVICES
Port Of Palm Beach District Contract Between Owner And Contractor (Service/Project)
[Use this form where (i) the Port has put the work out for bid or (ii) or the contract is exempt from bid) or (iii) the Port is Piggy-backing on a bid that was put out by another entity (State, City or County) and accepted by the issuing entity.]
This Contract (the "Contract"), is made and entered into as of this ___ day of ______201_ (“Effective Date”), by and between the PORT OF PALM BEACH DISTRICT, a political subdivision of the State of Florida, created under chapter 7082, Laws of Florida, 1915, and the various special acts that are supplementary and amendatory thereto, (the "Owner") and ______., a Florida corporation (the "Contractor"), whose address is ______, ______. This is a non-exclusive contract, and Owner retains full rights to use any contractor it deems appropriate for the types of services provided for under this Contract. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree: Section 1 DOCUMENTS INCORPORATED BY REFERENCE This Contract includes the work (“Work”) described on EXHIBIT A, as described in the Port of Palm Beach District “Invitation to Bid or Request for Bids for ______, dated ______, ______”. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of this Contract. Section 2 TERM The term of this contract shall be for ___ year(s) commencing ______, 201_. This contract shall be renewable for one additional year at the option of the Owner upon written notice given to Contractor prior to termination. Section 3 REPRESENTATIONS OF THE CONTRACTOR In order to induce the Owner to execute this Contract, Contractor hereby makes the following representations and warranties, each of which shall survive the execution and expiration or earlier termination of this Contract: a) The Contractor is fully qualified to perform the Work and has, and shall maintain, any and all licenses, permits or other authorizations necessary to perform same. b) Contractor is duly authorized and fully empowered and has the legal capacity to execute, deliver and perform this Contract, and to consummate the transactions contemplated hereby, and this Contract is and shall be the valid and binding obligation of Contractor, enforceable against it in accordance with its terms. 212 1
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c) Neither the execution nor delivery of this Contract, nor the consummation of the transactions contemplated hereby, will conflict with, or result in, a breach or violation of the charter, articles of incorporation or bylaws of Contractor, as applicable, violate or conflict with any statute, law, rule or regulation or any order, writ, injunction or decree of any Court or governmental authority or require the consent, license, permission, action, or approval by or registration with or notice to any governmental authority or third party, other than as contemplated hereby, or violate or conflict with or constitute a default under (or give rise to any right of termination, cancellation or acceleration under the terms, conditions or provisions of) any contract, agreement, understanding, arrangement or restriction of any kind to which contractor is a party or by which Contractor may be bound. d) All Work shall strictly conform to the requirements of this Contract. e) The Work shall be properly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Contractor. Section 4 PRICE AND CONTRACT PAYMENTS a) The Owner shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the amounts set forth on EXHIBIT B (“Contractor’s Rate Schedule”), if applicable, attached hereto, which amounts shall be billed monthly in the form of a Payment Request, based upon the Work Order (described in Section 5, which shall not be modified except by Change Order as provided in this Contract. b) Owner shall make payment in full, less any disputed amounts, to Contractor of the Contract Price, not later than thirty (30) days following submission of a Payment Request. c) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all Work for which the Payment Request is being submitted, and all Work for which Owner has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. Section 5 WORK ORDERS All Work to be performed shall be by separate work order (“Work Order”) signed by Owner. The Contractor shall perform, at its expense, all of the Work required, implied or reasonably inferable from the Work Order including, labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, permits required for repair, debris removal, and legal disposal, where applicable. The Contract Price for the Work Order may be determined by applying the Contractor’s Rate Schedule, unless a fixed Contract Price is established in advance, based generally, on the Contractor’s Rate Schedule. Where the Contract Price is fixed, it shall not be subject to modification except by Change Order. All Work Orders shall include a time for completion. Section 6 CHANGE ORDERS a) One or more changes to the Work Order may be ordered by Change Order. The Contractor shall proceed with any such changes, and same shall be accomplished in strict accordance with the following terms and conditions:
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b) Change Order shall mean a written order to the Contractor executed by the Owner after execution of this Contract, directing a change in the work and may include a change in the Contract Price or the time for the Contractor's performance, or any combination thereof. Section 7 SWORN STATEMENT The Sworn Statement under Florida Statutes Section 287.133(3)(a) attached hereto is a part of this contract. Section 8 GENERAL CONDITIONS The General Conditions attached hereto form a part of this Contract.
Attachments Exhibit A (Description of Work – If contract comes from a Port Bid, use the description from the Bid; If the contract comes from a Piggy-Back, use the description of the Work in the Piggy Back; If contract comes from a no-bid scenario, use the description of the Work for which bids were requested) Exhibit B (Contractor’s Rate Schedule) Exhibit C (Sworn Statement, per Section 7) Exhibit D (General Conditions, per Section 8)
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and date first set forth above, and acknowledges that they have received all of the above attachments.
WITNESSES: OWNER:
PORT OF PALM BEACH DISTRICT
1)______
Printed Name of Witness: BY: ______,
______(Title)
2)______
Printed Name of Witness:
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______
WITNESSES: CONTRACTOR:
______, a Florida Corporation 1)______
BY: ______, Printed Name of Witness:
______, ______(Title)
2)______
Printed Name of Witness:
______
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STATE OF FLORIDA ] COUNTY OF PALM BEACH ]
The foregoing instrument was acknowledged before me this _____ day of ______, 201_ by ______, who is personally known to me or who produced Florida Driver’s license as identification, as ______of PORT OF PALM BEACH DISTRICT, a Political Subdivision of the State of Florida.
______[SEAL] NOTARY PUBLIC My commission expires:
STATE OF FLORIDA ] COUNTY OF PALM BEACH ]
The foregoing instrument was acknowledged before me this _____ day of ______, 201_ by ______, who is personally known to me or who produced Florida Driver’s license ______as identification, as ______of ______, a ______.
______[SEAL] NOTARY PUBLIC My commission expires:
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EXHIBIT E GENERAL CONTITIONS TO CONTRACT FOR SERVICES
Section 1 OWNERSHIP OF THE DOCUMENTS WHICH MAKE UP THE CONTRACT The documents which make up this Contract, and each of them, as well as any other documents furnished by the Owner to Contractor, shall remain the property of the Owner. Section 2 INFORMATION AND MATERIAL SUPPLIED BY THE OWNER The Owner shall furnish, if appropriate, the legal description of the site of the Work, and any required survey, and the Owner shall obtain all required authorizations, approvals, easements, and the like, excluding permits and other permits or fees required of the Contractor by this Contract and permits and fees customarily the responsibility of the Contractor. Section 3 CEASE AND DESIST ORDER In the event the Contractor fails or refuses to perform the Work as required herein, the Owner may instruct the Contractor to cease and desist from performing further Work in whole or in part. Upon receipt of such instruction, the Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner's instructions has been corrected, no longer exists, or the Owner instructs that the work may resume. In the event the Owner issues such instructions to cease and desist, and in the further event that the Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of performing such Work by the Owner or another contractor. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the Contractor. Section 4 DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR a) In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner: b) All Work shall strictly conform to the requirements of this Contract. c) The Work shall be properly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Contractor. d) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first class results, that all materials and equipment provided shall be new, of high quality and free of defects, that the completed Work will be complete, of high quality, without defects, and that all Work strictly complies with the requirements of this Contract. Any Work not strictly complying with the requirements of this Section 4d) shall constitute a breach of the Contractor's warranty. 217 6
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e) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor, and all others as required herein. The Contractor shall comply with all legal requirements applicable to the Work. f) The Contractor shall maintain the site of the Work in a reasonably clean condition during performance of the work. Upon Completion, the Contractor shall thoroughly clean the site of all debris, trash and excess materials or equipment. g) At all times relevant to this Contract, the Contractor shall permit the Owner to enter upon the site of the Work and to review or inspect the Work without formality or other procedure. Section 5 INDEMNITY a) Contractor agrees that it will indemnify and hold and save Owner harmless of, from and against (a) all fines, suits, loss, costs, liability, claims, demands, actions, and judgments of every kind and character by reason of any breach, violation or non-performance by Contractor of any term, provision, covenant, agreement or conditions hereunder and (b) any claim, demand, actions, damages, loss, cost, liabilities, expenses and judgments suffered by, recovered from or asserted against Owner on account of injury or damage to perform or property to the extent that any such damage or injury arose from any act, omission, negligence or misconduct on the part of the Contractor, its agents, servants, employees, contractors, guests, licensees or invitees entering upon the site of the Work. The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damages, loss, cost and expenses of every type whatsoever including, without limitation, attorneys' fees and expenses, in connection with the Contractor's performance of this Contract, provided that such claims, liability, damage, loss, cost or expense is due to sickness, personal injury, disease or death, or to loss or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom, to the extent caused by the Contractor, or anyone for whose acts the Contractor may be liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the Owner. b) In the event Owner is threatened to be or is made party to any such litigation giving rise to the indemnification obligations of Contractor under this Section 8a), then the Contractor shall pay all applicable costs and expenses of Owner, including reasonable attorneys' fees and applicable costs incurred by or imposed upon Owner by virtue of such litigation or threat thereof, and such costs and expenses shall be a demand obligation of Contractor owed promptly to the Owner. The aforesaid costs and expenses of Owner shall bear interest at the rate of eighteen (18%) percent per annum, until paid for by Contractor. Section 6 CHANGE ORDERS a) Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the Owner and the Contractor as evidenced by i) the change in the Contract Price being set forth in the Change Order, (ii) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties, and (iii) the Contractor's execution of the Change Order; or
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(2) If no mutual agreement occurs between the Owner and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct jobsite overhead and profit but shall not include home-office overhead or other indirect costs or components. Any such costs or savings shall be documented in the format, and with such content and detail as the Owner requires. b) The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, this Contract as thus amended, the contract Price and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. c) The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the Owner, the Contractor's surety or by law. The Contractor's execution of the Change Order shall constitute the contractor's warranty to the Owner that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. Section 7 TERMINATION BY THE CONTRACTOR If the Owner repeatedly fails to perform its material obligations to the Contractor for a period of ten (10) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contractor for convenience. Section 8 TERMINATION BY THE OWNER The Owner may terminate this Contract in accordance with the following terms and conditions: a) The Owner may, for any reason whatsoever, terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the Owner or its designee. The Contractor shall transfer title and deliver to the Owner such completed or partially completed work and materials, equipment, parts, fixtures, information and contract rights as the Contractor has. When terminated for convenience, the Contractor shall be due compensation as follows: (1) The Contractor shall submit a termination claim to the Owner specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Owner. Contractor agrees that it waives any 219 8
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claims for termination if it fails to file a termination claim within one (1) year from the effective date of termination; (2) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder; (3) Unless waived under Section 8a)(1), or mutually agree under Section 8a)(2), the Owner shall pay the Contractor the following amounts, and may condition same on a release: (a) Contract prices for labor, materials, equipment and other services accepted under this Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance plus a fair and reasonable allowance for direct jobsite overhead and profit thereof (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders. These costs shall not include amounts paid in accordance with other provisions hereof. b) The total sum to be paid the Contractor under this Section 8 shall not exceed the total Contract Price under any outstanding Work Orders, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. c) If the Contractor does not perform the Work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of this Contract, then the Owner, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor and assume possession of the site of the Work and of all materials and equipment at the site and may complete the Work. In such case, the Contractor shall not be paid further until the Work is complete. After completion of a Work Order has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the Owner of completing the work, including all costs and expenses of every nature incurred, has been deducted by the Owner, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the Owner for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the Owner for cause pursuant to this sub-paragraph and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience hereunder and the provisions of this Section 8 shall apply. Section 9 INSURANCE Contractor shall obtain and carry general comprehensive liability insurance with a reputable and highly rated insurance company or companies licensed in Florida and reasonably acceptable to Owner, which policy shall name both Contractor and Owner as insureds, with 220 9
11th STREET FENCE PROJECT #10-2018 initial limits and coverages as set forth in the RFB or RFB in connection with which this Contract was issued. Contractor shall provide a certificate of insurance evidencing the foregoing prior to commencement of any Work, and shall provide evidence of continuing coverage upon request of Owner. Section 10 COMPLIANCE WITH STATE AND FEDERAL LAWS; PUBLIC ENTITY CRIMES AFFIDAVIT The Contractor shall comply with all State and Federal laws applicable to its performance hereunder, including, but not limited to, the provisions of the Federal Civil Rights Act of 1964 as amended, and similar laws of the State of Florida, the Federal Americans With Disabilities Act, and similar laws of the State of Florida, the Federal Immigration Reform and Control Act of 1986, and laws governing Drug-Free Workplace. This Contract shall not be in effect unless and until Contractor has presented to Owner a fully completed, executed and notarized Sworn Statement in the form attached hereto. The Contractor is specifically notified of the provision of Florida Statues '287.133(2)(a), that proscribe any bidding by a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime. Section 11 GENERAL CONTRACT PROVISIONS a) Words of any gender used herein shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. b) The terms, provisions, covenants and conditions contained in this Contract shall apply to, inure to the benefit of, and be binding upon the parties hereto and upon their respective heirs, personal representatives, successors and permitted assigns. c) Each party agrees to furnish to the other, promptly upon demand, a corporate resolution, proof of due authorization by partners, or other appropriate documentation evidencing the due authorization of such party to enter into this Contract. d) The captions inserted in this Contract are for convenience only and in no way define, limit or otherwise describe the scope of intent of this Contract, or any provision hereof, or in any way affect the interpretation of this Contract. e) This Contract may not be altered, changed or amended except by an instrument in writing signed by both parties hereto. f) If any clause, provisions, or portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Contract nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances, and it is also the intention of the parties to this Contract that in lieu of each such clause, phrase, provision or portion of this Contract that it is invalid or unenforceable, there be added as a part of this contract a clause, phrase, provision or portion as similar in terms in such invalid or unenforceable clause, phrase, provision or portion as may be possible and be valid and enforceable. 221 10
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g) Contractor agrees that it shall not discriminate against any person, employee, or applicant for employment, in accordance with all applicable local, federal and state discrimination laws, as the same may be amended from time to time. This provisions shall include, not be limited to (i) employment, upgrading, demotion transfer, (ii) recruitment or advertising, layoff or termination; (iii) rates or any other form of compensation; and (iv) selection for training, including apprenticeship. Any final agency action or judicial decision finding actions by the Contractor to have constituted such discrimination shall constitute a default under this Agreement. Contractor agrees to indemnify and hold harmless the Owner of, from and against any and all suits, losses, costs, claims, demands and judgments by reason of any discriminatory action by the LESSEE as determined any final agency action or judicial decision. Without limitation of the foregoing, Lessee shall not discriminate against any person, employee, or applicant for employment because of race, religion, color, age, gender, sexual orientation, sexual preferences or national origin. h) All references in this Contract to the date hereof, the Effective Date or similar references shall be deemed to refer to the last date in point in time on which all parties hereto have executed this Contract. i) In connection with any matter arising hereunder, the prevailing party shall be entitled to attorneys fees and costs. j) It is mutually agreed by and between the parties hereto that they each waive trial by jury in any action, proceeding or counterclaim brought by either of them against the other on any matter arising out of or in any way connected with this Contract. k) This is a non-exclusive contract, and Owner has the right to use any third party, or its forces, to perform the Work, without any obligation to Contractor. l) This Contract shall be governed by and construed under the laws of the State of Florida, and sole and exclusive venue for any litigation shall lie in the Circuit Court in and for Palm Beach County, Florida.
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ATTACHMENT 1 PRICE BID FORM
(11th Street Fence Project)
(i) Bid of
(Name)
(Address) to furnish all materials, equipment and labor and to perform all Work in accordance with the Contract Documents for Fencing Contract, located at the Port of Palm Beach in Riviera Beach.
To: Purchasing Department Port of Palm Beach District One East 11th Street, Suite 600 Riviera Beach, FL 33404
The undersigned Bidder has carefully examined the Bidding Documents and the Site of the proposed Work and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done.
The undersigned Bidder agrees to do all the Work and furnish all materials called for by the Bidding Documents for the Fencing Contract in the manner prescribed therein and to the standards of quality and performance established by the District for the prices stated herein. The prices shall include implementation of all applicable safety requirements, phasing and maintenance of traffic (if required).
1. BASE BID – Fencing Contract
A. Demolition
$ per lineal foot (l.f.)
$ /l.f. x 1000 l.f. = $ (The demolition includes all labor, equipment, incidental costs, clean up, overhead and profit to complete the repair of the fencing project. For bidding purposes, this portion of the bid is based on 1000 lineal feet.)
B. Fencing (see fencing specifications)
$ per lineal foot (l.f.) 223 1
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$ /l.f. x 1000 l.f. = $ (The installation of new fencing includes all labor, materials, equipment, incidental costs, clean up, overhead and profit to complete the project’s description of work. For bidding purposes, this portion of the bid is based on 1000 lineal feet.)
C. Swing Gates
$ per 6’ man gate $ per 7’ to 10’ gate $ per 11’ to 12’ gate $ per 14’ to 20’ double gate $ per 21’ to 24’ double gate $ per 25’ to 30’ double gate $ per 31’ to 40’ double gate
Subtotal – all swing gates $ (The single and double swing gates include all labor, materials, equipment, incidental costs, clean up, overhead and profit to complete the installation of the gates as outlined in the scope of work.)
D. General Conditions (includes items below)
1. The above General Conditions amount includes the following amounts in consideration for the indemnity of the Owner as required in Article 11 of the Construction Contract: a. For hazardous waste indemnification: $100.00. b. For general indemnification: $100.00.
SUBTOTAL “General Conditions” $
TOTAL BASE BID (total of A through D items above) $
Total Base Bid written in words
2. TIME
The undersigned Bidder agrees to commence the Work in 10 days after the notice to proceed has been issued. The project shall be completed in 30 calendar days. The undersigned Bidder agrees that its Bid shall be good and may not be withdrawn for a period of ninety (90) days after the scheduled closing time for receiving bids.
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3. ADDENDA
Bidder acknowledges the receipt of Addendum numbers:
1. ______2. , 3. , 4. , 5. .
Dated this ______day of ______, 201_.
NAME OF CONTRACTOR:
ADDRESS OF CONTRACTOR:
[CORPORATE SEAL] BY:
TITLE:
GC LIC No.:
ATTACHMENTS TO BID DOCUMENTS 1. Copy of Contracting License
END OF BID FORM
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ATTACHMENT 2 NARRATIVE STATEMENT
Please fully explain your company’s strategy in performing the Services. Please do not use more than three, single-spaced pages to answer the requirements of this Attachment.
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ATTACHMENT 3 SPECIFIC REFERENCES
Please attach a list of those firms and/or public entities for which you are currently providing Services similar to those which are the subject of this RFB, indicating the following:
1 Name 2 Address 3 Contact Person with Title and Telephone number 4 Dates of Service 5 Description of Services Provided 6 Please indicate the same information of entities canceling or terminating your services within the last five (5) years. Also include the reason(s) for cancellation or termination.
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ATTACHMENT 4 LIST OF MANAGEMENT PERSONNEL (This is required in order to cross-check the Convicted Vendor List)
The following is a current list of Management Personnel:
Name: ______Name: ______
Position Held: ______Position Held: ______
Name: ______Name: ______
Position Held: ______Position Held: ______
Name: ______Name: ______
Position Held: ______Position Held: ______
Name: ______Name: ______
Position Held: ______Position Held: ______
Name: ______Name: ______
Position Held: ______Position Held: ______
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Agenda Item No: H.2
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Jose Soler Submitting Department: Engineering Item Type: Request for Proposal Agenda Section: OLD BUSINESS
Subject: Berth 1 Bulkhead Replacement Project a) Authorization to Advertise a Request for Proposal for Construction b) Authorization to Advertise for Bids to Purchase the Berth 1 Sheet Pile
Background: BACKGROUND: In the December 2018 meeting, the Board of Commissioners approved the Executive Director to execute the CCNA Contract Agreement and Work Order to Kimley-Horn for the Design, Construction Documents and Bidding Services for the Berth 1 Bulkhead Replacement project. Immediately after the execution of the Contract, Kimley-Horn’s team held a kickoff meeting with the Port’s engineer and began the project design process.
CURRENT SITUATION: The project design and the contract documents are expected to be completed by the first week of February 2019. In order to proceed with the bidding phase of the project, Port’s staff is requesting authorization to advertise a Request for Bids to qualified construction companies, as soon as the design and bid documents are complete. In addition to the project construction bidding process, Port’s staff is requesting authorization to advertise for bids to purchase the sheet pile required for the Berth 1 bulkhead replacement project. The approximate length of sheet pile is 510 linear feet.
Financial Impact: Yes
Financial Impact Details: The project will be funded from the FY2018/2019 Capital Budget (50%) and FDOT JPA grant funds (50%).
Additional Information Attached: No
Action Taken WMR/BJC 5-0
Suggested Action: Motion to allow staff to advertise the request for bids for the Berth 1 Bulkhead Replacement Construction Project and bids for the purchase of the sheet pile. 229 Attachments:
230 Agenda Item No: I.1
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Carl Baker Submitting Department: Planning & Development Item Type: Agreement Agenda Section: NEW BUSINESS
Subject: FDOT Grant Funding Consideration of PTGA (Previously SJPA) for the Multi-Ship Passenger Loading Bridge Project Adoption of Corresponding Resolution
Background: The attached PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA), previously know as the Joint Participation Agreements (JPAs), is for grant funds for the construction of a new Multi-Ship Passenger Loading Bridge for the cruise terminal/cruise ship connection. The PTGA agreement includes the following:
• The agreement is in the total amount of $2,500,000 to cover the construction costs relating to the new Passenger Loading Bridge Project. • These funds are immediately available and allocated by FDOT. • This PTGA ratio is a 50% / 50% split ($1,250,000 FDOT / $1,250,000 Port of Palm Beach). • This PTGA expires January 31, 2022. • The funding source for these funds is the FDOT.
Financial Impact: Yes
Financial Impact Details: The project will be funded from the Port’s FY2019/2020 Capital Program Budgets (50%) and the use of FDOT grant funds (50%). Project funding, grant funds and Port matching funds, for this project is $2,500,000.
Additional Information Attached: Yes
Action Taken BJC/JDA 5-0
Suggested Action: Motion to approve the PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) with FDOT, adopt the corresponding Resolution Number 2019-02 and direct the Executive Director to return six (6) executed agreements and two (2) executed resolutions to FDOT for processing.
Attachments: PPB_Passenger_Loading_Bridge_PTGA_V3.pdf 231 Resolution_No__2019-02_Passenger_Loading_Bridge.pdf
232 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 09/18
Financial Project Number(s): Fund(s): PORT FLAIR Category: 088794 (item-segment-phase-sequence) 442200-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) – Transit only: Vendor Number: VF596001686001 Contract Number: Federal Award Date: 07-386- CFDA Number: N/A Agency DUNS Number: 7924 CFDA Title: N/A CSFA Number: 55.005 CSFA Title: Seaport Grant Program
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into this day of _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and Port of Palm Beach District, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 311.07, Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Port of Palm Beach's Multi-Ship Passenger Loading Bridge Project, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):
Aviation X Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Additional Exhibit(s): 233
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*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through January 31, 2022. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost: 234
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a. The estimated total cost of the Project is $2,500,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of $1,250,000, and, additionally the Department’s participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers.
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3 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 09/18 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 236
4 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 09/18 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 237
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in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to:
i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement.
d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead).
e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one):
i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate).
ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval.
iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually.
f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 238
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best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 239
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a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply:
i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations.
c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 240
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inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “G”, Financial Assistance (Single Audit Act), to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at [email protected] no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to [email protected] within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, 241
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the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department’s contact information for requirements under this part is as follows:
Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 [email protected]
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General.
b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements:
i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Financial Assistance (Single Audit Act), to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply 242
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with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at [email protected] no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 [email protected]
And
State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: [email protected] v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 243
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vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 244
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e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes.
g. E-Verify. The Agency shall:
i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s sovereign immunity. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement:
“To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s sovereign immunity.” 245
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b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy 246
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or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.
h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS).
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i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: Stacy Miller, P.E.
Title: Title: Director of Transportation Development
Legal Review:
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EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Removal of the old passenger loading bridge from the Port of Palm Beach as well as the design, construction, delivery and final purchase of a multi-ship passenger loading bridge that can accommodate multiple cruise ship door configurations.
B. Project Location (limits, city, county, map): Port of Palm Beach District/Riviera Beach, FL
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This project includes the environmental work, design work, and construction work required to complete the passenger bridge construction activities described in the Project Description, including: access doors; assembly; awnings; building materials; cable protection systems; climate control systems; construction; construction services; control systems; delivery fees; demolition; design fees; electrical components; fire suppression systems; floor covering; guard rails; installation; passenger bridge components; permits; ramps; stairs; and, structural components.
D. Deliverable(s):
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): Travel costs are unallowable costs.
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants.
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EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial FLAIR State Object CSFA/ CSFA/CFDA Title or Fund Funding Management Category Fiscal Code CFDA Funding Source Type Amount Number Year Number Description 442200-1-94-01 PORT 088794 2019 751000 55.005 Seaport Grant Program $1,250,000
442200-1-94-01 LF 088794 2019 751000 55.005 Seaport Grant Program $1,250,000 Total Financial Assistance $2,500,000
B. Estimate of Project Costs by Grant Phase:
State Local Federal Phases* State Local Federal Totals % % % Land Acquisition $0 $0 $0 $0 0.00 0.00 0.00 Planning $0 $0 $0 $0 0.00 0.00 0.00 Environmental/Design/Construction $1,250,000 $1,250,000 $0 $2,500,000 50.00 50.00 0.00 Capital Equipment $0 $0 $0 $0 0.00 0.00 0.00 Match to Direct Federal Funding $0 $0 $0 $0 0.00 0.00 0.00 Mobility Management $0 $0 $0 $0 0.00 0.00 0.00 (Transit Only) Totals $1,250,000 $1,250,000 $0 $2,500,000 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement.
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached.
Kevin Lindgren Department Grant Manager Name
Signature Date
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EXHIBIT C
TERMS AND CONDITIONS OF CONSTRUCTION
1. Design and Construction Standards and Required Approvals.
a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Kevin Lindgren (email: [email protected]) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement.
c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project.
d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s).
e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards.
f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation.
2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way:
a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project.
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19 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Kevin Lindgren or District 4 Seaport Coordinator. e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or 252
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estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, 253
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without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice.
q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project.
r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately.
s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards.
t. Restricted hours of operation will be from Not Applicable (insert restrict hours of operation), Not Applicable (insert days of the week for restricted operation), unless otherwise approved by the Operations Engineer, or designee.
u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is:
Insert District PIO contract info: Phone: (954) 777-4091, Fax: (954) 777-4528
Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement)
3. Engineer’s Certification of Compliance. The Agency shall complete and submit the following Notice of Completion and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project.
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22 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
NOTICE OF COMPLETION
PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of ______,20______.
By: Name: Title:
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23 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
ENGINEER’S CERTIFICATION OF COMPLIANCE
PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans certified by the Engineer of Record/CEI.
By: , P.E.
SEAL: Name:
Date:
256
24 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
257
25 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS – SEAPORTS
A. General. 1. These assurances shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities and Exhibit “B”, Schedule of Financial Assistance as well as serving to protect public investment in seaports and the continued viability of the State Seaport System. 3. The Agency shall comply with the assurances as specified in this Agreement.
B. Required Documents. The documents listed below, as applicable, are required to be submitted to the Department by the Agency in accordance with the terms of this Agreement: 1. Quarterly Progress Reports provided within thirty (30) days of the end of each calendar year quarter, if requested by the Department. 2. Electronic invoice summaries and backup information, including a progress report must be submitted to the District Office when requesting payment. 3. All proposals, plans, specifications, and third party contracts covering the Project.
C. Duration of Terms and Assurances. 1. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for a seaport development project, but shall not exceed 20 years from the effective date of this Agreement. 2. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida.
D. Compliance with Laws and Rules. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local governments, which may apply to the Project. Including but not limited to the following (current version of each): 1. Chapter 311, Florida Statutes (F.S.) 2. Local Government Requirements a. Local Zoning/Land Use Ordinance b. Local Comprehensive Plan
E. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, including but not limited to the following: 1. Federal Requirements 2. Local Government Requirements a. Local Building Codes b. Local Zoning Codes 3. Department Requirements a. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) b. Manual on Uniform Traffic Control Devices
F. Consistency with Local Government Plans. 1. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the seaport. 2. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. 3. The Agency assures that the Comprehensive Master Plan, if applicable, is incorporated as part of the 258 approved local government comprehensive plan as required by Chapter 163, F.S.
26 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
G. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: 1. Acquire the land in accordance with federal and state laws governing such action. 2. Maintain direct control of Project administration, including: a. Maintain responsibility for all related contract letting and administrative procedures. b. Ensure a qualified, State certified general appraiser provides all necessary services and documentation. c. Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. d. Establish a Project account for the purchase of the land. e. Collect and disburse federal, state, and local Project funds. 3. The Agency assures that it shall use the land for seaport purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition.
H. Preserving Rights, Powers and Interest. 1. The Agency will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. 2. If an arrangement is made for management and operation of the funded facility or equipment by any entity or person other than the Agency, the Agency shall reserve sufficient rights and authority to ensure that the funded facility or equipment will be operated and maintained in accordance with the terms and assurances of this Agreement. 3. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in the funded facility or equipment without prior written approval by the Department. This assurance shall not limit the Agency’s right to lease seaport property, facilities or equipment for seaport-compatible purposes in the regular course of seaport business.
I. Third Party Contracts. The Department reserves the right to approve third party contracts, except that written approval is hereby granted for: 1. Execution of contracts for materials from a valid state or intergovernmental contract. Such materials must be included in the Department approved Project scope and/or quantities. 2. Other contracts less than $5,000.00 excluding engineering consultant services and construction contracts. Such services and/or materials must be included in the Department approved Project scope and/or quantities. 3. Construction change orders less than $5,000.00. Change orders must be fully executed prior to performance of work. 4. Contracts, purchase orders, and construction change orders (excluding engineering consultant services) up to the threshold limits of Category Three. Such contracts must be for services and/or materials included in the Department approved Project scope and/or quantities. Purchasing Categories and Thresholds are defined in Section 287.017, F.S., and Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Agreement comply with the current threshold limits. Obligations made in excess of the appropriate limits shall be cause for Department non- participation. 5. In all cases, the Agency shall include a copy of the executed contract or other agreement with the backup documentation of the invoice for reimbursement of costs associated with the contract.
J. Inspection or verification and approval of deliverables. Section 215.422(1), F.S., allows 5 working days for the approval and inspection of goods and services unless the bid specifications, purchase orders, or contracts specifies otherwise. The Agreement extends this timeline by specifying that the inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of an invoice.
-- End of Exhibit E -- 259
27 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
EXHIBIT F
Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.myfloridacfo.com/aadir/reference_guide/. 260
28 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
EXHIBIT G
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~
Awarding Agency: Florida Department of Transportation State Project Title: Seaport Grant Program CSFA Number: 55.005 *Award Amount: $1,250,000
*The award amount may change with amendments
Specific project information for CSFA Number 55.005 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.005 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
261
29 of 29 RESOLUTION NO. 2019-02
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PORT OF PALM BEACH DISTRICT APPROVING A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR COSTS RELATED TO THE PORT OF PALM BEACH MULTI-SHIP LOADING BRIDGE PROJECT.
WHEREAS, The Port of Palm Beach District, a political subdivision of the State of Florida (hereinafter called the “District”) has incurred, and/or shall incur, various costs and expenditures relating to the Port of Palm Beach's Multi-Ship Passenger Loading Bridge Project (the “Project”); and
WHEREAS, The District has determined it is in its best interest to enter into a Public Transportation Grant Agreement (“PTGA”) with the Florida Department of Transportation for costs related to the project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE PORT OF PALM BEACH DISTRICT, RIVIERA BEACH, FLORIDA that:
SECTION 1: The Port of Palm Beach District authorizes the acceptance and execution of the Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation for Financial Project Number 442200-1-94-01 for a total project amount of $2,500,000.00
SECTION 2: The Executive Director is directed to send two (2) copies of this Resolution along with six (6) executed copies of the Public Transportation Grant Agreement to the Florida Department of Transportation.
SECTION 3: This Resolution shall take effect immediately upon passage.
262
I RESOLUTION NO. 2019-02
PASSED AND ADOPTED THIS 17th DAY OF JANUARY, 2019.
PORT OF PALM BEACH DISTRICT BY ITS BOARD OF COMMISSIONERS:
______Katherine Waldron, Chairperson
Attest:
______Wayne Richards, Vice-Chairperson Legal Sufficiency:
______Greg Picken, Port Attorrney
263
II Agenda Item No: I.2
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Carl Baker Submitting Department: Planning & Development Item Type: Agreement Agenda Section: NEW BUSINESS
Subject: FDOT Grant Funding Consideration of PTGA (Previously SJPA) for a Perimeter Security Detection System for the Port's Restricted Areas Adoption of Corresponding Resolution
Background: The attached PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA), previously know as Joint Participation Agreements (JPAs), is for grant funds for the construction of a perimeter security detection system for the Port's Restricted Areas. The PTGA agreement includes the following:
• The agreement is in the total amount of $68,350 to cover the construction costs relating to the perimeter security detection system for the Port's Restricted Areas. • These funds are immediately available and allocated by FDOT. • This PTGA ratio is a 75% / 25% split ($51,263 FDOT / $17,087 Port of Palm Beach). • This PTGA expires February 28, 2022. • The funding source for these funds is the FDOT.
Financial Impact: Yes
Financial Impact Details: The project will be funded from the Port’s FY2019/2020 Renewal & Replacement Program Budget. FDOT grant funds (75% at $51,263) and Port funds (25% at $17,087).
Total project funding, grant funds and Port matching funds, for this project is $68,350.
Additional Information Attached: Yes
Action Taken WMR/BJC 5-0
Suggested Action: Motion to approve the PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) with FDOT, adopt the corresponding Resolution Number 2019-01 and direct the Executive Director to return six (6) executed agreements and two (2) executed resolutions to FDOT for processing. 264 Attachments: PPB PTGA Security Grant V7.pdf
Resolution_No__2019-01_Perimeter_Detection r.pdf
265 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 09/18
Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088794 (item-segment-phase-sequence) 444885-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) – Transit only: Vendor Number: VF596001686001 Contract Number: Federal Award Date: 07-386- CFDA Number: N/A Agency DUNS Number: 7924 CFDA Title: N/A CSFA Number: 55.005 CSFA Title: Seaport Grant Program
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into this day of _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and Port of Palm Beach District, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 311.12(6), Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in the acquisition of capital equipment related to Port of Palm Beach’s security enhancement initiative,, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):
Aviation X Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Additional Exhibit(s): 266
1 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 09/18
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through February 28, 2022. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost: 267
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a. The estimated total cost of the Project is $68,350. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of $51,263, and, additionally the Department’s participation in the Project shall not exceed 75.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers.
268
3 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 09/18 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 269
4 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 09/18 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 270
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in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to:
i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement.
d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead).
e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one):
i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate).
ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval.
iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually.
f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 271
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best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 272
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a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply:
i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations.
c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 273
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inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “G”, Financial Assistance (Single Audit Act), to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at [email protected] no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to [email protected] within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, 274
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the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department’s contact information for requirements under this part is as follows:
Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 [email protected]
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General.
b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements:
i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Financial Assistance (Single Audit Act), to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply 275
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with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at [email protected] no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 [email protected]
And
State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: [email protected] v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 276
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vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 277
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e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes.
g. E-Verify. The Agency shall:
i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s sovereign immunity. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement:
“To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s sovereign immunity.” 278
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b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy 279
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or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.
h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS).
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i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: Stacy Miller, P.E.
Title: Title: Director of Transportation Development
Legal Review:
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EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): The project includes the procurement of a perimeter security detection system at Port of Palm Beach. This perimeter security system will allow for real time detection and notification of unauthorized persons who have scaled the fences and entered the Port's Restricted Area. The system will be programmed to notify the Port's Security Operations Center and the Riviera Beach Police Department. This Agreement provides Department funding for acquisition of capital equipment related to Port of Palm Beach’s security enhancement initiative, $51,263.00 dollars’ worth of equipment. The total cost for the capital equipment procurement phase of the project is approximately $68,350.00 dollars.
B. Project Location (limits, city, county, map): Port of Palm Beach District/Riviera Beach, FL
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This project includes the procurement of capital equipment to complete the activities described in the Project Description, including: brackets and mounting equipment; data storage components; enclosures; equipment installation and testing; high power wireless repeaters; photoelectric detectors; power storage and supply systems; related installation materials and equipment; security system components; and, security system zone expanders.
D. Deliverable(s):
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): Travel costs are unallowable costs.
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants.
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EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial FLAIR State Object CSFA/ CSFA/CFDA Title or Fund Funding Management Category Fiscal Code CFDA Funding Source Type Amount Number Year Number Description 444885-1-94-01 DPTO 2019 $51,263 088794 751000 55.005 Seaport Grant Program 444885-1-94-01 LF 2019 $17,087 Total Financial Assistance $68,350
B. Estimate of Project Costs by Grant Phase:
State Local Federal Phases* State Local Federal Totals % % % Land Acquisition $0 $0 $0 $0 0.00 0.00 0.00 Planning $0 $0 $0 $0 0.00 0.00 0.00 Environmental/Design/Construction $0 $0 $0 $0 0.00 0.00 0.00 Capital Equipment $51,263 $17,087 $0 $68,350 75.00 25.00 0.00 Match to Direct Federal Funding $0 $0 $0 $0 0.00 0.00 0.00 Mobility Management $0 $0 $0 $0 0.00 0.00 0.00 (Transit Only) Totals $51,263 $17,087 $0 $68,350 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement.
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached.
Kevin Lindgren Department Grant Manager Name
Signature Date
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EXHIBIT C
TERMS AND CONDITIONS OF CONSTRUCTION
1. Design and Construction Standards and Required Approvals.
a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Kevin Lindgren (email: [email protected]) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement.
c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project.
d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s).
e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards.
f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation.
2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way:
a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project.
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19 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Kevin Lindgren or District 4 Seaport Coordinator. e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or 285
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estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, 286
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without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice.
q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project.
r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately.
s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards.
t. Restricted hours of operation will be from Not Applicable (insert restrict hours of operation), Not Applicable (insert days of the week for restricted operation), unless otherwise approved by the Operations Engineer, or designee.
u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is:
Insert District PIO contract info: Phone: (954) 777-4091, Fax: (954) 777-4528
Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement)
3. Engineer’s Certification of Compliance. The Agency shall complete and submit the following Notice of Completion and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project.
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NOTICE OF COMPLETION
PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of ______,20______.
By: Name: Title:
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ENGINEER’S CERTIFICATION OF COMPLIANCE
PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans certified by the Engineer of Record/CEI.
By: , P.E.
SEAL: Name:
Date:
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EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
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EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS – SEAPORTS
A. General. 1. These assurances shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities and Exhibit “B”, Schedule of Financial Assistance as well as serving to protect public investment in seaports and the continued viability of the State Seaport System. 3. The Agency shall comply with the assurances as specified in this Agreement.
B. Required Documents. The documents listed below, as applicable, are required to be submitted to the Department by the Agency in accordance with the terms of this Agreement: 1. Quarterly Progress Reports provided within thirty (30) days of the end of each calendar year quarter, if requested by the Department. 2. Electronic invoice summaries and backup information, including a progress report must be submitted to the District Office when requesting payment. 3. All proposals, plans, specifications, and third party contracts covering the Project.
C. Duration of Terms and Assurances. 1. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for a seaport development project, but shall not exceed 20 years from the effective date of this Agreement. 2. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida.
D. Compliance with Laws and Rules. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local governments, which may apply to the Project. Including but not limited to the following (current version of each): 1. Chapter 311, Florida Statutes (F.S.) 2. Local Government Requirements a. Local Zoning/Land Use Ordinance b. Local Comprehensive Plan
E. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, including but not limited to the following: 1. Federal Requirements 2. Local Government Requirements a. Local Building Codes b. Local Zoning Codes 3. Department Requirements a. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) b. Manual on Uniform Traffic Control Devices
F. Consistency with Local Government Plans. 1. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the seaport. 2. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. 3. The Agency assures that the Comprehensive Master Plan, if applicable, is incorporated as part of the 291 approved local government comprehensive plan as required by Chapter 163, F.S.
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G. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: 1. Acquire the land in accordance with federal and state laws governing such action. 2. Maintain direct control of Project administration, including: a. Maintain responsibility for all related contract letting and administrative procedures. b. Ensure a qualified, State certified general appraiser provides all necessary services and documentation. c. Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. d. Establish a Project account for the purchase of the land. e. Collect and disburse federal, state, and local Project funds. 3. The Agency assures that it shall use the land for seaport purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition.
H. Preserving Rights, Powers and Interest. 1. The Agency will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. 2. If an arrangement is made for management and operation of the funded facility or equipment by any entity or person other than the Agency, the Agency shall reserve sufficient rights and authority to ensure that the funded facility or equipment will be operated and maintained in accordance with the terms and assurances of this Agreement. 3. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in the funded facility or equipment without prior written approval by the Department. This assurance shall not limit the Agency’s right to lease seaport property, facilities or equipment for seaport-compatible purposes in the regular course of seaport business.
I. Third Party Contracts. The Department reserves the right to approve third party contracts, except that written approval is hereby granted for: 1. Execution of contracts for materials from a valid state or intergovernmental contract. Such materials must be included in the Department approved Project scope and/or quantities. 2. Other contracts less than $5,000.00 excluding engineering consultant services and construction contracts. Such services and/or materials must be included in the Department approved Project scope and/or quantities. 3. Construction change orders less than $5,000.00. Change orders must be fully executed prior to performance of work. 4. Contracts, purchase orders, and construction change orders (excluding engineering consultant services) up to the threshold limits of Category Three. Such contracts must be for services and/or materials included in the Department approved Project scope and/or quantities. Purchasing Categories and Thresholds are defined in Section 287.017, F.S., and Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically for inflation, and it shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Agreement comply with the current threshold limits. Obligations made in excess of the appropriate limits shall be cause for Department non- participation. 5. In all cases, the Agency shall include a copy of the executed contract or other agreement with the backup documentation of the invoice for reimbursement of costs associated with the contract.
J. Inspection or verification and approval of deliverables. Section 215.422(1), F.S., allows 5 working days for the approval and inspection of goods and services unless the bid specifications, purchase orders, or contracts specifies otherwise. The Agreement extends this timeline by specifying that the inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of an invoice.
-- End of Exhibit E -- 292
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EXHIBIT F
Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.myfloridacfo.com/aadir/reference_guide/. 293
28 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 11/18
EXHIBIT G
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~
Awarding Agency: Florida Department of Transportation State Project Title: Seaport Grant Program CSFA Number: 55.005 *Award Amount: $51,263
*The award amount may change with amendments
Specific project information for CSFA Number 55.005 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.005 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
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29 of 29 RESOLUTION NO. 2019-01
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PORT OF PALM BEACH DISTRICT APPROVING A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR COSTS RELATED TO THE PORT OF PALM BEACH PERIMETER SECURITY DETECTION SYSTEM PROJECT.
WHEREAS, The Port of Palm Beach District, a political subdivision of the State of Florida (hereinafter called the “District”) has incurred, and/or shall incur, various costs and expenditures relating to the Port of Palm Beach Perimeter Security Detection System (the “Project”); and
WHEREAS, The District has determined it is in its best interest to enter into a Public Transportation Grant Agreement (“PTGA”) with the Florida Department of Transportation for costs related to the project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE PORT OF PALM BEACH DISTRICT, RIVIERA BEACH, FLORIDA that:
SECTION 1: The Port of Palm Beach District authorizes the acceptance and execution of the Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation for Financial Project Number 444885-1-94-01 for a total project amount of $68,350.00
SECTION 2: The Executive Director is directed to send two (2) copies of this Resolution along with six (6) executed copies of the Public Transportation Grant Agreement to the Florida Department of Transportation.
SECTION 3: This Resolution shall take effect immediately upon passage.
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I RESOLUTION NO. 2019-01
PASSED AND ADOPTED THIS 17th DAY OF JANUARY, 2019.
PORT OF PALM BEACH DISTRICT BY ITS BOARD OF COMMISSIONERS:
______Katherine Waldron, Chairperson
Attest:
______Wayne Richards, Vice-Chairperson Legal Sufficiency:
______Greg Picken, Port Attorrney
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II Agenda Item No: I.3
Board of Commissioners Agenda Item Report Meeting Date: January 17, 2019 Submitted by: Ken Hern Submitting Department: Operations, Security & Facilities Item Type: Agreement Agenda Section: NEW BUSINESS
Subject: City of Riviera Beach Interlocal Agreement - Port Security Grant Program
Background: The US Department of Homeland Security, through the Federal Emergency Management Agency (FEMA), awarded $1,000,000 to the Port of Palm Beach from the FY16 Port Security Grant Program.
Staff seeks to allot $171,397.50 in Federal grant funds to the City of Riviera Beach Police Department, providing technology, equipment and training in support of the Port's protective measures identified within our Maritime Transportation Security Act (MTSA) approved Facility Security Plan.
Financial Impact: No
Financial Impact Details: Under this Agreement, the City of Riviera Beach will be required to provide 25% funding match in the amount of $57,132.50
Additional Information Attached: Yes
Action Taken WMR/JDA 5-0
Suggested Action: Motion to approve the Interlocal Agreement between the City of Riviera Beach and the Port of Palm Beach.
Attachments: MOIA Riviera Beach.pdf
297 298 299 300 301 302 303 Agenda Item No: I.4
Board of Commissioners Agenda Item Report Meeting Date: Submitted by: Ken Hern Submitting Department: Operations, Security & Facilities Item Type: Purchasing Agenda Section: NEW BUSINESS
Subject: Terminal Parking Lot Light Replacement - Davco Electrical
Background: Davco Electrical has been selected as our LED Conversion provider, in accordance with Port of Palm Beach District LED Retrofit RFP-09-2017-4, and has provided pricing for the replacement and installation of 10 LED light poles currently in need of replacement. These poles are degraded and have been damaged over time by weather conditions and hurricanes requiring their replacement. These light poles currently are not sufficiently providing adequate lighting in the Port's passenger parking area.
Financial Impact: Yes
Financial Impact Details: This project is funded by the Port's FY19 Renewal and Replacement budget for Buildings & Grounds.
NOTE: This project has also been submitted as a FEMA claim for damages incurred by Hurricane Irma, which is pending finalization.
Additional Information Attached: Yes
Action Taken BJC/WMR 5-0
Suggested Action: Motion to approve the purchase and installation of 10 LED parking lot light poles from Davco Electrical.
Attachments: 12-18-2018 Proposal Parking Lot Light Pole-Fixture Replacement POPB.pdf
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December 18, 2018
Mr. Kenneth L. Hern, Director of Seaport Operations & Security Port of Palm Beach One East 11th Street, Suite 600 Riviera Beach, FL, 33404
Re: Port of Palm Beach Terminal Parking Lot Light Pole Replacement
Davco Electrical Contractors Corp is pleased to provide this proposal in accordance with the Port of Palm Beach LED Retrofit-RFP-09-2017-4 per the below listed scope of work for the sum of:
Sixty Nine Thousand Two Hundred Forty Two Dollars $69,242.00
Proposal work scope:
1. Take down and dispose of existing (10) light poles and fixtures as identified in attached photo. 2. Provide and install new (10) Valmont 30' poles. 3. Eight of the poles will be retrofitted with (2) Cree OSQ LED fixtures. 4. Two of the poles will be retrofitted with (1) Cree OSQ LED fixture. 5. Connect new equipment to existing circuitry and controls.
Qualifications/Exclusions: 1. Since all lighting is considered to be a replacement we have not included any cost associated for permits. 2. We have excluded fees associated with bonds, utility and municipal entities. 4. All product warranties will be in accordance with manufacturer documents. 5. Defective labor warranty will be in place for one year from completion of work. 6. All work to be done during normal 40 hour work week. 7. Excluded is any and all work not clearly identified in items 1 through 3 "Proposal work scope:"
If you should have any questions please do not hesitate to contact me. This proposal is valid through February 2019.
Thank you for this opportunity.
Respectfully,
Russell White, Senior Project Manager Davco Electrical Contractors Corp
Attach: Photo identifying poles to be removed and replaced.
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Commercial ● EC673 ● Industrial Boynton Beach: (561) 732-3434 ● Boca Raton: (561) 338 -6847 ● Fax: (561) 732-3414 ● www.davcoelectric.com 4885 Park Ridge Boulevard ● Boynton Beach, Florida 33426-8316
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