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Agenda 04-04-23 The City of Boynton Beach City Commission Agenda Tuesday, April 4, 2023, 6:00 PM City Hall Commission Chambers Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District 111) Commissioner Aimee Kelley (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boy nton-beach.org Page 1 of 768 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: Page 2 of 768 You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 768 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Bob Bender, Christ Fellowship Church Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz. City Clerk announces the results of the certification of the Supervisor of Election's Office from the March 28, 2023 Municipal Runoff Election, which was recounted on March 31, 2023. Swearing In of Incumbent Woodrow Hay, as Commissioner District II, by the Palm Beach County Commissioner Mack Bernard. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Proclamation for World Autism Awareness. Proclamation will be accepted by Lisa Pugliese- LaCroix, Founder of Love Serving Autism. B. Announce PGA HOPE (Helping Our Patriots Everywhere) Clinics being hosted at The Links Boynton Beach starting on Thursday, April 6, 2023, at 2:00 P.M. C. Announce the 2023 Youth Symposium taking place on Friday, April 7 at 9:00 A.M. at the Carolyn Sims Community Center located at 225 NW 12th Avenue. This event is Free for Middle and High school students that will provide an opportunity to learn, engage and discuss a variety of topics with professionals from various fields. D. Announce Egg-stravaganza taking place on Saturday, April 8th from 10 A.M. - 12 P.M. at Centennial Park Amphitheater located at 120 E. Ocean Avenue (Ne)t to City Hall) in#Downtown Boynton. This is a free event for the entire family. E. Announce the Art & Autism Expo taking place in the Arts and Cultural Center, (125 E. Ocean Ave.). The City of Boynton Beach is partnering with FAU CARD for the 3rd Annual Art &Autism Expo where Art will be on display for the entire month of April. There will be a special Gallery Opening event on April 12 from 5:00 P.M. to 7:00 P.M., where attendees can meet the artists and catering will be provided by The Chocolate Spectrum. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. City Commission to appoint a Vice Mayor to serve until March 2024. B. Proposed Resolution No. R23-036- Appoint a City Commission representative and alternate to Page 4 of 768 the Countywide Intergovernmental Coordination Program. C. Proposed Resolution No. R23-037- Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). D. Proposed Resolution No. R23-038- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. E. Proposed Resolution No. R23-039- Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). F. Review and ratification of the Board Appointed Trustee, Matthew Zeller, to the Boynton Beach Police Officers' Pension Fund. G. Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards. H. Hear presentation of annual report from the Art Advisory Board. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept FY 22/23 first quarter report on operations of the Schoolhouse Children's Museum. B. Proposed Resolution No. R23-040-Approve, ratify and authorize the City Manager and Mayor to sign the Collective Bargaining Agreement between the City and the Boynton Beach Association of Fire Fighters Florida Local 1891 of the IAFF for the term October 1, 2023 through September 30, 2026. C. Proposed Resolution No. R23-041-Approve, ratify and authorize the City Manager and Mayor to sign the Collective Bargaining Agreement between the City and the Palm Beach County Police Benevolent Association (PBA) - Captains for the term October 1, 2022, through September 30, 2025. D. Approve the rankings as recommended by the Selection Committees and authorize City staff to conduct negotiations with Lori Lehr, Inc., the recommended top ranked proposer in response to the Request for Qualifications (RFQ) No. UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services - Grant Funded. At completion of negotiations, the contract will be brought back to the Commission for approval. E. Proposed Resolution No. R23-042- Approve and authorize the Utilities Director to sign an Agreement for water and wastewater services with Colonial Estates, Inc. (PCN:0042-46-02-05- 000-000) as the customer and the City of Boynton Beach. F. Approve Task Order 23-B-03 with Engenuity Group, Inc., in the amount of$73,272 in accordance with RFQ No. UTL22-014, Professional Surveying and Mapping Services, awarded by City Commission on June 21st, 2022 to provide professional surveying services, for the road and sidewalk rehabilitation of the roads in the Cherry Hills, Ridgewood Hills, and Ridgewood Manor subdivisions. G. Legal Expenses— February 2023. Information at the request of the City Commission. No action required. 7. Consent Bids And Purchases Over$100,000 A. Approve Task Order P-03-2023 for $194,517.50 for All Counties Painting, LLC to pressure wash, prime and paint 5 facilities at 124 East Woolbright Road (Administration Building) and 1620 S. Seacrest Boulevard (East Water Treatment Plant). Page 5 of 768 B. Proposed Resolution No. R23-043-Approve and authorize the City Manager to sign a piggy- back agreement utilizing the Broward County School Board bid for Storm Sewer & Sewer Main Cleaning & Repairs (FY 20-210) with Shenandoah General Construction LLC. of Pompano Beach , FL and authorize the City Manager to issue a purchase order for work that includes, but not limited to, cleaning and video recording sanitary sewer mains throughout the Utilities service area for condition assessment of the sanitary sewer gravity system, in the amount of$100,000.00. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report - None 10. Unfinished Business A. Continue discussion on adding a Sister City in Ukraine. 11. New Business A. Approve the updated Personnel Policy Manual now known as Employee Handbook. B. Proposed Resolution No. R23-044- Approve and authorize the Mayor to Sign a Sports Facility Use Agreement with Athletic Angels Foundation, Inc., a Florida Not for Profit Corporation to use appropriately, operate, and perform maintenance of Field 1 at Little League Park. 12. Legal A. Pursuant to Section 286.011(8), Florida Statutes, request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Natalie Flake, Plaintiff, vs. City of Boynton Beach, Defendant — Palm Beach County Circuit Court Case Number: 50-2021-CA-006932-XXXX-MB 13. Future Agenda Items A. Review Advisory Board Ordinance, requested by Commissioner Kelley. - April 18, 2023 B. Red Light Camera Update Presentation, requested by Commissioner Hay- April 18, 2023 C. Consider revised local rules for approval. - TBD D. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD E. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin - TBD F. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay - TBD G. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD H. Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD I. Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD J. Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD Page 6 of 768 K. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TT i)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 768 1.A. Opening Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Call to Order- Mayor Ty Penserga Roll Call Invocation by Pastor Bob Bender, Christ Fellowship Church Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz. City Clerk announces the results of the certification of the Supervisor of Election's Office from the March 28, 2023 Municipal Runoff Election, which was recounted on March 31, 2023. Swearing In of Incumbent Woodrow Hay, as Commissioner District II, by the Palm Beach County Commissioner Mack Bernard. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 8 of 768 Attachments: Type Description D Attachment Official Results from 03-14-2023 Election Page 9 of 768 a 2023 Uniform Municipal Election The Supervisor of Elections for Palm Beach County hereby certifies the following Municipality: City of Boynton Beach: Woodrow L.Hag 38,24% Joy Jat6It,an' %360% Huck Mlz ra 412.09% ikrr ar i"iF 1 W.t Z �Ia 2 ply co."rnmilass t,r ',,,nAric Oynttst> -ncl`z (Vote Por, ''l rarticipadng Prec(acts keportfag:10110 rre..iect eirit choles Do tty r®rr 11 S O/a at Arras XtHey 64.61% tie 96,30% 262 STATE OF FLORIDA COUNTY OF PALM BEACH I,WENDY SARTORY LINK,SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY F THE RECORDS ON FILE IN THIS OFFICE._ WITNESS ICY HAND XND SEAL,THIS DAY OF 20 WENDY SARTORY LINT( SUPERVISOR OF ELECTIONS PALM BEACH COU TY,FLORIDA 240 South Military T 11,West Palm Bead,FL 33415 1 Post Office Box 22309,West Palm 6860h,FL 33416 ,1` 1 nc,561,656,62001 Fox Number-561,656,4267 Page 10 of 768 L° g c �s c > � CD ti CN O r � N LID ci Rte? O4q kO W W 4 faCLt/) v 0 E N a� :}- w m O m N N U Q f6 > J O Q ,u a0 LJJ 0 O F— m N ruV Z N W u 0 LLA CC 'L. (D ) a3i w a > > m Z U) U U O Nca LL D N GLNi T M j, C N U C� ' 0 G ^� O O v 4)' 0 O ) so in ;L4.5 U U Qom; co (C) 0 N LW Sia CL =CL 2 co 0 I Ul) C14 Lo -.5 to Lo c� LL a p o m 3 C: V cts C GJ 0 00 N ar a , O C LU N, 0) m Mn 9 ry aL O Vra bk 4B8R cu W Al dr$ s�P _ m U U ° Q m C C LU O Z m W U 1 : LU d 2 a U CD a = O viii cri a a 0 cu CL Jr O °E 9 Ca E �cot t L O UCD.0 NA- OE A A m 23 k U U Q (n 9 1 0 4 UP co 4- 0 N cR" e a. to M e s N N CL cc L 0 twa ol cc tico (C) 0 LO LU LU (1) CL 0) — (U 49 WW 00 L; 0 -Ea —1 AD > CL .9 ca (a CD 0 W LL lo: 9 0 9 C0 s c c (on tr) LO go a T- Tw vw N co (C) 0 ti ID) IIR ,NO T) S > > CL (raL 0 0 CO (1) 3.A. Announcements, Community and Special Events and Presentations 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proclamation for World Autism Awareness. Proclamation will be accepted by Lisa Pugliese-LaCroix, Founder of Love Serving Autism. Explanation of Request: Each year April 2 is recognized as World Autism Awareness Day and the month of April is National Autism Awareness Month. By partnering with organizations such as FAU CARD and Love Serving Autism, the City continues to provide opportunities for individuals with Autism Spectrum Disorder to participate in all that Boynton Beach has to offer. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Proclamation Proclamation-Autism Awareness Page 17 of 768 Proclamation Whereas, during the month of April, we strive to promote autism awareness, inclusion, and self- determination for all, and assure that each person with Autism Spectrum Disorder (ASD) is provided an opportunity to achieve the highest possible quality of life, and; Whereas, Love Serving Autism's mission is to expand life skills, especially functional communication, through specialized therapeutic tennis instruction to increase community inclusion and independence of individuals with ASD and Developmental Challenges, and; Whereas, Tennis is a sport full of life's lessons. It teaches individuals with ASD about valuable life skills. A few life skills gained through Love Serving Autism include integrity, sportsmanship, leadership, responsibility, perseverance and confidence. Children and adults with autism who engage in the sport of tennis can experience life-long therapeutic benefits,both on and off the tennis court, and; NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of April to be designated as: -Outi,,3m & -Oee�_,ptane�_, Month And reaffirm that the City of Boynton Beach will continue to partner with organizations such as Love Serving Autism to provide opportunities for individuals with Autism Spectrum Disorder and Developmental Challenges to fully participate in all that Boynton Beach has to offer. IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 4th day of April, Two Thousand Twenty-Three. Ty Penserga,Mayor ATTEST: Maylee De Jesus,MMC,City Clerk 3.B. Announcements, Community and Special Events and Presentations 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Announce PGA HOPE (Helping Our Patriots Everywhere) Clinics being hosted at The Links Boynton Beach starting on Thursday, April 6, 2023, at 2:00 P.M. Explanation of Request: PGA HOPE introduces golf to Veterans to enhance their physical, mental, social and emotional well-being. The Links is also starting the HOPE league for HOPE graduates. A 9 hole tournament each week in the summer on our Family/Challenge course also starting on Thursday, April 6, 2023, at 2:30 P.M. The clinics are two hours each week for six weeks. The Veterans are taught by specifically trained Adaptive Golf PGA Professionals. The Links at BB Golf Course Manager, Bo Preston, is the lead instructor and developer of the HOPE League. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment PGA HOPE Flyer Page 19 of 768 _ � t, _ _ �_Fi _ Y� '� - s�� {'ri,��•\)tlii`\ '?�)f{� lir 1)� �}}S41`�t ( { ;i� }\ll1 tf{r 75 �i {}'�5t1�l,l�`�f� 4 ,Vtt ls 3" ��{t {i 5 t { �A 121 S 46 rp;'� s,,, ,,q,, ;�1 ,i r,, (l}.• r. ��,t. 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Announcements, Community and Special Events and Presentations 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Announce the 2023 Youth Symposium taking place on Friday, April 7 at 9:00 A.M. at the Carolyn Sims Community Center located at 225 NW 12th Avenue. This event is Free for Middle and High school students that will provide an opportunity to learn, engage and discuss a variety of topics with professionals from various fields. Explanation of Request: The 2023 Youth Symposium will take place at the Carolyn Sims Community Center located at 225 NW 12th Avenue on Friday, April 7, beginning at 9:00 A.M. This event is Free for Middle and High school students that will provide an opportunity to learn, engage and discuss a variety of topics with professionals from various fields. How will this affect city programs or services? Support Services provided by Marketing and Public Works. Fiscal Impact: Budgeted Event. Alternatives: To not make the announcement. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Youth Symposium Page 21 of 768 IJ RC1 Q 's{ � ti r� _ N N W Z — a) Z Q ui� d � a T a 1 ! J z j J u ur) 0 I �f.. L5 �o 4L LO ♦� A, � � � -i ea�is cath` ,<;�� ! z ) i bl� „ ^ �s( ! 3.D. Announcements, Community and Special Events and Presentations 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Announce Egg-stravaganza taking place on Saturday, April 8th from 10 A.M. - 12 P.M. at Centennial Park Amphitheater located at 120 E. Ocean Avenue (Ne)d to City Hall) in#Downtown Boynton. This is a free event for the entire family. Explanation of Request: One of the City of Boynton Beach Recreation & Parks Department annual events, the Egg-stravaganza is scheduled to be held on Saturday, April 8th from 10 A.M.-12 P.M. at Centennial Park Amphitheater located at 120 E. Ocean Avenue (Next to City Hall) #Downtown Boynton. This is a free event for the entire family. How will this affect city programs or services? Support services will be provided by Public Works, Marketing, Events, Boynton Beach Police Department, and Boynton Beach Fire Department. Fiscal Impact: Annual Budgeted Event. Alternatives: To not make the announcement. Strategic Plan: Culturally Distinct Downtown Strategic Plan Application: Hosting events encourages the community to visit City Parks. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 23 of 768 3.E. Announcements, Community and Special Events and Presentations 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Announce the Art&Autism Expo taking place in the Arts and Cultural Center, (125 E. Ocean Ave.). The City of Boynton Beach is partnering with FAU CARD for the 3rd Annual Art&Autism Expo where Art will be on display for the entire month of April. There will be a special Gallery Opening event on April 12 from 5:00 P.M. to 7:00 P.M., where attendees can meet the artists and catering will be provided by The Chocolate Spectrum. Explanation of Request: Florida Atlantic University's Center for Autism and Related Disabilities (FAU CARD) is a valued inclusion partner, recognizing the City of Boynton Beach as an Autism Friendly Municipality in 2016 and providing support and guidance to the City. This event gives artists an opportunity to showcase their work in a gallery, and the public an opportunity to see their creations and meet the artists. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 24 of 768 5.A. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: City Commission to appoint a Vice Mayor to serve until March 2024. Explanation of Request: The City Commission shall appoint a Vice-Mayor pursuant to Section 9 of the Charter and Section 2-1.2 of the City Code of Ordinances: Sec. 9. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice- Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within si)dy (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. Sec. 2-1.2. Vice-Mayor appointment. At the first Commission meeting in April of each year, the City Commission shall appoint one of its members to serve as Vice-Mayor. Any member of the City Commission who has not previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice-Mayor. No second of the nomination is required. Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a majority in round one, a second round of voting will occur but the nominee with the least number of votes in the first round does not move on to round two. If the Commission is unable to appoint a Vice-Mayor as provided herein, the previously appointed Vice-Mayor will continue to serve in that capacity for another one year term. If only one member is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee appointed by acclamation without the necessity of a vote. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Page 25 of 768 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 26 of 768 5.B. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-036-Appoint a City Commission representative and alternate to the Countywide I ntergovernmental Coordination Program. Explanation of Request: The Countywide I ntergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdictional significance. Each individual local government decides the length of the term. Commissioner Aimee Kelley is currently serving as the representative and Commissioner Thomas Turkin is currently serving as the alternate. How will this affect city programs or services? Maintain awareness and have input into matters of inter- jurisdictional significance. Fiscal Impact: None. Alternatives: The alternative would be not to make an appointment to this program. Strategic Plan: Strategic Plan Application: Climate Action Application: No Is this a grant? Grant Amount: Attachments: Type Description Resolution appointing City Representatives to D Resolution Countywide Intergovernmental Coordination Program Page 27 of 768 I RESOLUTION NO. R23- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,APPOINTING 4 AS A REPRESENTATIVE TO THE COUNTYWIDE 5 INTERGOVERNMENTAL COORDINATION PROGRAM, AND APPOINTING 6 AS ALTERNATE REPRESENTATIVE TO THE 7 COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Countywide Intergovernmental Coordination Program has been in 11 place for several years under the auspices of two interlocal agreements that were signed by all 12 municipalities, the School Board, the Water Management District and several special districts; 13 and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 15 representation on the Countywide Intergovernmental Coordination Program; and 16 WHEREAS, the City Commission has considered the qualifications necessary for such 17 representation and wishes to bestow upon the following named individuals such right and 18 honor of service. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being 22 true and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 24 as a representative to the Countywide Intergovernmental 25 Coordination Program and appoints as alternate representative 26 to the Countywide Intergovernmental Coordination Program. 27 Section 3. That this Resolution shall become effective immediately upon passage. 28 S:ACA\RESO\Appointments\Countywide Intergovernmental Coordination Program 2023-Reso.Docx Page 28 of 768 29 PASSED AND ADOPTED this 4th day of April, 2023. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor—Ty Penserga 35 36 Vice Mayor—Angela Cruz 37 38 Commissioner—Woodrow L. Hay 39 40 Commissioner—Thomas Turkin 41 42 Commissioner—Aimee Kelley 43 44 VOTE 45 46 47 ATTEST: 48 49 50 Maylee De Jesus, MPA, MMC Ty Penserga 51 City Clerk Mayor 52 53 APPROVED AS TO FORM: 54 (Corporate Seal) 55 56 Michael D. Cirullo, Jr. 57 City Attorney 58 59 S:ACA\RESO\Appointments\Countywide Intergovernmental Coordination Program 2023-Reso.Docx Page 29 of 768 5.C. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-037-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). Explanation of Request: The Coalition of Boynton West Residents Association (COBWRA) is a civic organization representing the residential communities of West Boynton Beach, Florida, in unincorporated Palm Beach County. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 A.M. at various locations throughout the COBW RA area. The current representative is Commissioner Thomas Turkin and the alternate is Vice Mayor Angela Cruz. How will this affect city programs or services? Maintain awareness of matters of significance to the City. Fiscal Impact: None Alternatives: The alternative to this decision would be to not make an appointment to this association. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Resolution Resolution appointing City Representati\/es to COBWRA Page 30 of 768 I RESOLUTION NO. R23- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE 5 TO THE COALITION OF BOYNTON WEST RESIDENTS 6 ASSOCIATION (COBWRA), AND APPOINTING 7 AS ALTERNATE 8 REPRESENTATIVE TO THE COALITION OF BOYNTON WEST 9 RESIDENTS ASSOCIATION (COBWRA); AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, The Coalition of Boynton West Residents Association (COBWRA) is a civic 13 organization representing the residential communities of West Boynton Beach, Florida, in 14 unincorporated Palm Beach County; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 16 representation on the Coalition of Boynton West Residents Association (COBWRA); and 17 WHEREAS, the City Commission has considered the qualifications necessary for such 18 representation and wishes to bestow upon the following named individuals such right and 19 honor of service. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being 23 true and correct and incorporated herein by reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 25 as a representative to the Coalition of Boynton West Residents 26 Association (COBWRA) and appoints as alternate representative 27 to the Coalition of Boynton West Residents Association (COBWRA). 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 30 S:\CA\RESO\Appointments\COBWRA2023-Reso.Docx Page 31 of 768 31 PASSED AND ADOPTED this 4th day of April, 2023. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor—Ty Penserga 38 39 Vice Mayor—Angela Cruz 40 41 Commissioner—Woodrow L. Hay 42 43 Commissioner—Thomas Turkin 44 45 Commissioner—Aimee Kelley 46 47 VOTE 48 49 50 51 ATTEST: 52 53 54 Maylee De Jesus, MPA, MMC Ty Penserga 55 City Clerk Mayor 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 Michael D. Cirullo, Jr. 61 City Attorney 62 63 S:\CA\RESO\Appointments\COBWRA2023-Reso.Docx Page 32 of 768 5.D. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-038- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Explanation of Request: The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Board for the Palm Beach County League of Cities meets on the fourth Wednesday of each month at 10:30 A.M. at various locations. The membership term is one year. Currently, Commissioner Woodrow Hay is serving as the representative and Commissioner Thomas Turkin is the alternate representative to this Committee. How will this affect city programs or services? Maintain awareness and have input into matters of significance to the City. Fiscal Impact: None Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution appointing City Representatives to Palm Beach League of Cities Page 33 of 768 I RESOLUTION NO. R23- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A 5 REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, 6 AND APPOINTING AS ALTERNATE 7 REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the Palm Beach County League of Cities shall advocate the collective 12 interests of the municipalities in Palm Beach County in accordance with the principles of self- 13 government; and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 15 representation on the Palm Beach County League of Cities; and 16 WHEREAS, the City Commission has considered the qualifications necessary for such 17 representation and wishes to bestow upon the following named individuals such right and 18 honor of service. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being 22 true and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 24 as a representative to the Palm Beach County League of Cities and 25 appoints as alternate representative to the Palm Beach County 26 League of Cities. 27 Section 3. That this Resolution shall become effective immediately upon passage. 28 29 S:ACA\RESO\Appointments\Palm Beach County League Of Cities 2023-Reso.Docx Page 34 of 768 30 PASSED AND ADOPTED this 4th day of April, 2023. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor—Ty Penserga 37 38 Vice Mayor—Angela Cruz 39 40 Commissioner—Woodrow L. Hay 41 42 Commissioner—Thomas Turkin 43 44 Commissioner—Aimee Kelley 45 46 VOTE 47 48 49 50 ATTEST: 51 52 53 Maylee De Jesus, MPA, MMC Ty Penserga 54 City Clerk Mayor 55 56 APPROVED AS TO FORM: 57 (Corporate Seal) 58 59 Michael D. Cirullo, Jr. 60 City Attorney 61 62 S:ACA\RESO\Appointments\Palm Beach County League Of Cities 2023-Reso.Docx Page 35 of 768 5.E. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-039-Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Explanation of Request: The Transportation Planning Agency (TPA)was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The TPA is composed of local elected officials from County and municipal bodies. The responsibilities of the TPA encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The TPA meeting is held on the 3rd Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 A.M. and typically last two hours. Currently, Vice Mayor Angela Cruz is serving as the representative and Commissioner Woodrow Hay is the alternate representative to this Committee. How will this affect city programs or services? Maintain communications and awareness of TPA initiatives that may affect the City. Fiscal Impact: None Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 36 of 768 Type Description Resolution Resolution appointing City Representatives to TPA Page 37 of 768 I RESOLUTION NO. R23- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE TO 5 THE TRANSPORTATION PLANNING AGENCY (F/K/A 6 METROPOLITAN PLANNING ORGANIZATION),AND APPOINTING 7 AS ALTERNATE REPRESENTATIVE TO THE 8 TRANSPORTATION PLANNING AGENCY; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the Transportation Planning Agency (TPA) was created by federal 12 regulations and Florida Statutes to meet federal requirements for obtaining and expending 13 federal transportation funds; and 14 WHEREAS, the responsibilities of the TPA encompass multi-modal transportation 15 planning and addresses short-term (five-year) and long-range (20-year) time frames; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 17 representation on the Transportation Planning Agency; and 18 WHEREAS, the City Commission has considered the qualifications necessary for such 19 representation and wishes to bestow upon the following named individuals such right and 20 honor of service. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA THAT: 23 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being 24 true and correct and incorporated herein by reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 26 as a representative to the Transportation Planning Agency and 27 appoints as alternate representative to the Transportation 28 Planning Agency. S:ACA\RESO\Appointments\TPA(Fka MPO)2023-Reso.Docx Page 38 of 768 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 4th day of April, 2023. 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 34 Mayor—Ty Penserga 35 36 Vice Mayor—Angela Cruz 37 38 Commissioner—Woodrow L. Hay 39 40 Commissioner—Thomas Turkin 41 42 Commissioner—Aimee Kelley 43 44 VOTE 45 46 47 48 ATTEST: 49 50 51 Maylee De Jesus, MPA, MMC Ty Penserga 52 City Clerk Mayor 53 54 APPROVED AS TO FORM: 55 (Corporate Seal) 56 57 58 Michael D. Cirullo, Jr. 59 City Attorney 60 61 S:ACA\RESO\Appointments\TPA(Fka MPO)2023-Reso.Docx Page 39 of 768 5.F. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Review and ratification of the Board Appointed Trustee, Matthew Zeller, to the Boynton Beach Police Officers' Pension Fund. Explanation of Request: The City Commission will need to approve the appointment of Assistant Chief Zeller, as the Board Appointed Trustee, per Florida Statute 185.05(1)(a), and the Pension Plan, Section 18-166(a)(3). This is a ministerial duty of the Commission. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 40 of 768 5.G. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: On March 31, 2022, several existing board members' terms have expired. The City Clerk's Office has received applications from those who are current board members seeking reappointment along with City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 41 of 768 Type Description D Attachment Appointments, Reappointments and Applicants for 04-04-23 Final D Addendum Tilton Ratcliff, Ace-Art Advisory Board D Attachment Cobb, Naomi - Community Redevelopment Agency Advisory Board D Attachment Jones, Ellen - Community Redevelopment Board Agency Advisory Board D Attachment McIntyre, Noelle- Community Redevelopment Agency Advisory Board D Attachment Giacalone, Nicholas- Education and Youth Advisory Board D Attachment Calixte-Dieuvil, Francoise- Education and Youth Advisory Board D Attachment Kasey-McClendon, Teresa - Education and Youth Advisory Board D Attachment Jones, Ellen - Library Board D Attachment Valcourt, Valerie- Education and Youth Advisory Board D Attachment Ramiccio, Thomas- Historic Resources Preservation Board D Attachment Karten, Lindsay - Library Board D Attachment Levine, Marcia - Library Board D Attachment Tilton Ratcliff, Ace- Library Board D Attachment BeIrrionte, Vanessa Planning & Development D Attachment Jones, Ellen - Planning & Development Board D Attachment Tunno, Nicholas- Planning & Development Board D Attachment Campbell, Geoff- Recreation & Parks D Attachment Beveridge, Sarah - Recreation and Parks Board D Attachment Mondello, Julie- Recreation and Parks Board D Attachment Patterson, Frando- Recreation & Parks Board Page 42 of 768 Advisory Board Vacancies as of April 4, 2023 Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms II Hay Regular 2-year term III Turkin Regular 2-year term IV Kelley Alternate 1-year term Applicants: Ace Tilton Ratcliff— Current Regular member seeking reappointment. Completed one term. Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2-year term Vice Mayor Cruz Regular 2-year term II Hay Regular 2-year term III Turkin Regular 2-year term IV Kelley Regular 2-year term Mayor Penserga Alternate 1-year term Applicants: None Community Redevelopment Agency Advisory Board 2 Year staggered terms Mayor Penserga Regular 2-year term Vice Mayor Cruz Regular 2-year term II Hay Regular 2-year term III Turkin Regular 2-year term Applicants: Naomi Cobb - Current Regular member seeking reappointment. Completed two terms. Ellen Jones Noelle McIntyre Page 43 of 768 Advisory Board Vacancies as of April 4, 2023 Education and Youth Advisory Board Regular member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms Mayor Penserga Regular 2-year term Vice Mayor Cruz. Regular 2-year term II Hay Regular 2-year term III Turkin Alternate 1-year term IV Kelley Student 1-year term Mayor Penserga Student 1-year term Mayor Vice Cruz Student 1-year term Applicants: Francois Calixte-Dieuvil - Current Regular member seeking reappointment. Completed one term. Nicholas Giacalone Dr. Teresa Kasey-McClendon Valorie Valcourt - Current Regular member seeking reappointment. Completed one term. Historic Resources Preservation Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2-year term Vice Mayor Cruz Alternate 1-year term Applicant: Ramiccio, Thomas - Current Regular member seeking reappointment. Completed one term. Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms II Hay Regular 2-year term III Turkin Regular 2-Year term IV Kelley Regular 2-year term Mayor Penserga Alternate 1-year term Vice Mayor Cruz Alternate 1-year term Applicants: Ellen Jones Lindsay Karten - Current Regular member seeking reappointment. Completed one term. Marcia Levine - Current Regular member seeking reappointment. Completed one term. Ace Tilton Ratcliff - Current Regular member seeking reappointment. Completed one term. Page 44 of 768 Advisory Board Vacancies as of April 4, 2023 Planning & Development Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2-year term Vice Mayor Cruz Regular 2-year term II Hay Regular 2-year term III Turkin Alternate 1-year term Applicants: Vanessa Belmonte Ellen Jones Nicholas Tunno Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Regular 2-year term Mayor Penserga Regular 2-year term Vice Mayor Cruz Regular 2-year term Applicants: Sarah Beveridge Geoff Campbell — Current Alternate member seeking reappointment. Completed one term. Julie Mondello - Current Regular member seeking reappointment. Completed one term. Frando Patterson - Current Regular member seeking reappointment. Completed one term. Page 45 of 768 -Stanzione, Tam From: ace <noreply@123formbuilder.corn> Sent: Tuesday, March 14, 2023 2:44 PM To-, City Clerk Subject: Advisory Board Appointment application Attachments: ATR-,resume-2023.pdf Today's date 03/14/2023 Name Ace Tilton Ratcliff Phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@stayweirdbekind.com Current occupation or, if retired, prior Self-employed artist and writer occupation Education BA in Political Science from UCF Are you a registered Yes voter? Do you reside within: the Boynton Beach Yes City limits? Do you own/manage a business within City Yes limits? if"yes", name of Harper's Promise, currently on hiatus business-, Are you currently serving on a City Yes board? Have you served on a City board in the Yes past? if"yes",which Yes, I am a member of the Library Board as well as the Art Board, My term on the Art Board has board(s)and when come to an end but I am eligible to re-apply. Have you ever been No convicted of a crime? If"Yes",when and N/A where? Page 46 of 768 Advisory Board Art Advisory Board If appointed by the City Commission to serve as Board Chair yes or Vice Chair are you willing to serve in this capacity? Personal I am a working artist who makes my living as a metalworker, mixed-media artist, photographer, Qualifications and author. I have grown up in Boynton Beach and though I left for some time to live in California, I returned in 2019 because I wanted to be in my hometown. I attended Dreyfoos High School of the Arts and graduated in 2005. I have been an active and excited member of the Art Advisory Board and believe that serving another two years to complete my tenure will be useful for my personal growth and for the Board, Professional City of Boynton Beach Library Advisory board, Member Memberships IAAI PC Member Feel free to attach/upload an htt s: form, formbuitder.com a load did. h�?fileid 8 b8a711 4ae 4 'e c e12 c bb extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 185.203..218.28(United States)at 2023-03-14 13:43:35 on Chrome 109.0,0.0 Entry 1D:606 Referrer:https�/lwv w.b, roman-reach org, Form host:htt s; forrn.l2 formbuilder.com 588214 advisor -board-a ointment a lication 2 Page 47 of 768 �r,c,l e t 0 ,C is f f 142 SW 13th Avenue I Boynton Beach, FL 33435 561-376-3640 1 ace@stayweirdbekind.com I @mortuaryreport They/Them Pronouns Ace Tilton Ratcliff is bad at small talk. Ace is a disabled,transgender, nonbinary abuse survivor living with mental illness and complex PTSD. They're a multidisciplinary artist whose work grapples with the discovery of self through life experiences that make for bad chitchat, but damn good art Ace is a writer whose words serve as a magnifying glass focused on broken things, from their own meatcage to the US medical-industrial complex. They're represented by Stacia Decker at Dunow, Carlson & Lerner Literary Agency with a book forthcoming from Tiller Press.Ace is a sensitivity reader and a disability, death, and queerness consultant. They've worked with publishers like Tor, penguin Random House, Rosen Publishing, and Fireside f=iction;video game developers like Silverstring Media and Polytron Corporation, and authors like Mary Robinette Kowal and Alix Harrow, They have an AS in funeral services; six years experience as a funeral director and embalmer; and five years experience owning and operating Harper's Promise, a veterinary practice focused on in-home pet euthanasia and end-of-life care.Ace is a metalsmith who also works in fibers and watercolors.They're a photographer who shoots digital and film. Ace is a sucker for the literal underdog: they live with four dogs and three cats, all abandoned street animals. They're an amateur beekeeper who loves to collect plants, and their free time is spent getting tattooed or riding their scooter to the beach to read, EXPERIENCE &SKILLS CEO Stay Weird,Be Kind Studios I December, 2011 - Present Ace's work as a freelance writer has spanned topics from deatheare to disability and beyond.Ace is represented by their agent,Stacia Decker,at Dunow,Carlson&Lerner Literary Agency.Their first book,"The Little Book of Dog Care:Expert Advice on Giving Your Dog Their Best Life"is forthcoming in July,2023 from Simon&Schuster, Ace has bylines at places like Gizmodo,Popular Science,iog,Huffington Post,Eater,and many more.Ace has made a name for themself writing about living life as a disabled person in an inaccessible world,but has also had fiction published in places like Fireside Fiction,Phobos Magazine,and Glittership. Ace's voice as a disability activist has been featured in'The Economist,the Guardian,and Upworthy Videos,Ace has been a panelist at The Next Page Conference in partnership with Kickstarter,Worldcon `76,and the North American Science Fiction Convention 2020.Ace has been featured on a number of podcasts,including Maximum Fun's Reading Glasses,WNYCs Note to,Self,and Andrew Gurza's Disability After Dark. As a sensitivity reader,.Ace focuses on topics related to disability,working with writers like Hugo Award winners Mary Robinette Kowal and Alix Harrow,plus publishing houses-such as Penguin Random House, Tor,and Rosen Publishing. Ace has been awarded the D.Franklin Defying Doornsday Award and nominated for a Pushcart Prize. Page 48 of 768 Ace possesses a dedicated group of almost zoic amazing Twitter followers and makes nearly 2.5 million impressions there on a monthly basis Ace and their followers focus on community-care,raising thousands of dollars for places life local abortion funds or Fiyah Magazine,in order to sponsor disabled BIPOC to attend PI"YAHC N. Co-founder,Deathcare Advisor Harper's Promise,LLC I January, ot8 _ Present Harper's Promise is an in-home pet euthanasia,hospice and palliative care practice devoted to helping families throughout South Florida provide the best possible end of life experience.In 2017,Ace co-founded the practice with their partner,lir.Derek Calhoon(a veterinarian),after the death of their chilmuahua,Harper—the best-worst dog ever.Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life for chronically ill pegs while providing dignity, comfort,and control through the final stages of incurable illness for those that are terminally ill.Ace and Derek keep Harper's Promise by helping provide pets a good death,which is an integral part of a good life. Funeral Director, Embalmer, &Crematory matory Operator Parent-Sorensen Mortuary&Crematory I January, 2014 -August, 2015 Wilson&KrotzerMortuaries I October, 2012 — January,2014 Smith &WitterFuneral Home I January, 2012 —August,2012 Boynton Memorial Chapel I May,2010 - August, 2010 Ace had direct responsibility for administrative and organizational mnanagemnent in addition to fast-paced event planning and production with extremely tight deadlines.She has superlative customer relation shills under demanding and stressful circumstances.She coordinated legal paperwork at a county,state,and national level,with a focus on calendar,budget and contract management,She flexibly worked between three office locations in addition to remote,after-hours telephone work.She provided necessary support to a tightly ltnit team when not working independently.She conceptualized funerals for thousands of families from a multitude of ethnic and cultural backgrounds after in-depth,personal phone and onsite interviews and conferences.She completed a rigorous and extremely demanding two-year embalming apprenticeship. junior TechnicalWriter I October,2oi6 - November, 2017 Nominum,Inc. Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end-users-typically system administrators.She standardized content across platforms,revised documents,and clarified instructions to make documnentation easier to use.She is proficient in lira software for ticketing systems and Madcap flare for document creation.She is willing and able to learn any new software or programs required. Director of Customer Services I August, 2015 - October, 2016 un ed,Inc. Ace was a combination event-coordinator,customer service representative,and salesperson,providing innovative service by using over i .-years of experience in situational analysis to create repeat-customer loyalty.They were in charge of all advertising and social media campaigns,including all written Page 49 of 768 communications released by the company.Ace implemented multiple high-level,marketing-oriented processes and procedures,with a strong focus on social media maintenance across multiple major platforms. A C Yl V I I�PS & ORGANIZA"HONS, City of Boynton Beach Art Advisory Board,Member City of Boynton Beach Library Advisory Board,Member IAAJIPC Member E'D tJ C ATI 0 N American River College,Sacramento,CA-AS.,Funeral Services 2012 University of Central Florida,Orlando,Fl,- B.A.,Political Science 2010 Page 50 of 768 St n io e, Tammy From: City Clerk Sent: Tuesday, March 14, 2023 5:53 PM To: Lie Jesus, Maylee, Stan ione, Tammy Subject: W Advisory BoardAppointment application From:drnrcobb<noreply@123 orinbu ldcr.com> Sent:Tuesday, March 1.4, 2023 5:52 PM To:City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today"s date 3/14/2023 Name NaomiCobb Phone number 954-696-1833 Address 1007 SF 3rd Street Boynton Reach FL 33435 United States Email drnrcobb g,maiLcorn Current occupation or, if retired, prior occupation Risk Manager Education MPA Are you a registered voter? Yes Ido you reside within the Yes Boynton Beach City limits? Do you own/manage a businessYeswithin City limits? If"yes', name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the Inst? If"yes",which board(s)and CRA when? Dave you ever been convicted' Yes of a crime? If"yes",when and There? Georgia 1982 Advisory Board Community Redevelopment Agency Advisory Board 1 Page 51 of 768 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications Currently serve as Chair if CRA Advisory Board Former Public Administrator Currently employed as a Risk Manager for a non profit and have over 40 years as a public employee Professional Memberships SHRM Feel free to attach/upload an extra sheet or rearm . Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 66.229. .103(united States)at 2023-03-14 16:51:51 on Chrome 111,0.0.0 Entry ICS:608 Referrer:Iittps:llw w,w,boyiiton-beach.gl Form Host:https_.,,Z/toriTi,.,1231'orinbuilder.com/583214/advisoryboard appointment applicatio 2 Page 52 of 768 4 i City of Boynton Beach:Advisory Board Appointment Application 'hank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this application. If instructions are not followed or the application is not filled out in its entirety, the application will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e-mail address releasedin response to a public-records request, do not send electronic mail. Instead, contact the City Clerk's office by phone or in writing:. Mailing address: R.O. Box 310, Boynton Beach, FL 33435-0310 Rhone: (561) 742-6060 FAQ: (561) 742-6090 Name . , ti 4 Telephone # _ � ,} IC) Address Zip Code . Date of Birkiis .4Email: 'L, Current occupation or prior occupation: RR4 t,cv, � _ g7 EducationUC _ . .. Are you a registered voter? Yes No Do you reside within the Boynton Beach City limits? yes leo Do you own/manage a business within the City limits: Yes No If yes, name of business-- 14.( 41iLL Have you ever been convicted of a crime? Yes No If yes, when Where 14 Are you currently serving on a City board? V Yds No Have you served on a City board in the past? Yes No B S:\cc�w t,BOARDS�Applications\Advisory Beard Application 2023.doc " oHE nA 3 768 Page 54 of 768 If so, which board(s) and when? Please indicate which advisory board you are seeming appointment. For board luting, requirement, responsibilities and meeting times ,and dates, see attached. Arts Commission Historic Resources Preservation Board Building Board of Adjustment&Appeals Library Board Community Redevelopment Agency Advisory Board Planning & Development Board Education and Youth Advisory Board Police Officers' Retirement Trust Fund Employees' Pension Board Recreation & Paas Board Firefighters' Pension Trust Fund Senior Advisol Board If appointed are you willing to serve as Chair or Vice Chair? Yes No ilk 4 t t ;Khat personal qualifications do you possess (i.e.., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific J Please list any professional me berships: .� i aa-LIA-Aa J 3 . 44"_7 I hereby certify that the statements and answers provided herein are true and accurate. T understand that, if appointed, any false statements may be cause for removal from a board.. Signature: �` ,.. - .. . Date.IV m t S\CC\WP\B0A DS\Appfications\Ad;v1sM Board Application 2023,doc off Page 55 of 768 Page 56 of 768 Stan lone, From: City Clerk Sent: Wednesday, February 01, 2023 12:12 FM To: De Jesus, lvlaylee; Stanzione, Tammy Subject: FW: Advisory Board Appointment application Attachments: Noelle.docx Froin: nmc ntyre 2<norepIy@l 3for b i der..com> Sent: Wednesday„ February 1, 20123 11:15 AM To: City Clerk<CityClerk bbfl.us> Subject: Advisory Hoard Appointment application Today's date 012/01/2023 Name Noelle McIntyre Phone number 561-703-3759 Address 91.01 SW 77th Avenue Boynton Beach Florida 33435 United States Email nrc�ntyre2 rnaii.c€ n Current occupation or, if retired, Prior Self Employed occupation Education Some college Are you a registered Yes voter? Cao you reside within the Boynton Beach Yes City'limits? Do you own/manage a business within CityNo limits? 1f"yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No Past? 1.f"yes",which board(s)and when?' i Page 57 of 768 Page 58 of 768 Have you ever been No convicted of a crime? if"yes",when and where? Advisory Board Community Redevelopment Agency Advisory Board if appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal see attachment Qualifications Professional Memberships Feel free to attach/upload an htt s: form. 3formbL]ilder,com a load dld. h 7fileid- Be b7 lei 7cc 7 115852 all52 extra sheet or - resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. 1 understand that, if appointed, any false statements may be cause for removal from a board, i The message has been sent from 73,57.19.190(United States)at 203-07 01 17:14:47 on chrome 109.0.0.0 Entry lid:587 Deferrer:https�t`v+ bo)L q -beach.gr Form Bost.ids: Torr,1.173formbuilderrcom 5 714 ar viserV bard-a n rbtr erre-a liratia n ?. Page 59 of 768 Page 60 of 768 I am a third generation True Floridian erose local roots belong to the city of Boynton Beach and the surrounding areas. After working as a Corporate Compliance Director overseeing 6+ employees and responsible for the entire teams compliance efforts in a heavily regulated industry for almost ten years (2000-2009), I started my own company in 2011 and have enjoyed being a small business owner with 6+ employees in the real estate industry, Taking my corporate compliance background and that corporate discipline mentality, I have been successful in applying those qualities with my own "treat those hove you would want to be treated" kinder and more heartfelt approach to be the proud business owner I am today. I strive in problem solving, creative thinking, business management, and contract negotiations. I've wanted to be more involved in my community for years. Doping I get the opportunity to do so in the near future. For more about me — please visit the link below https://www.tru of lorid is n realty co rn/a bout Page 61 of 768 i Page 62 of 768 Stanzione, Tam From: City Clerk Sent: Tuesday, February 21, 2023 8:23 AM To: Stanzione, Tarnmy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: Nicolas_Giacalone-LoR.pdf From. nicolas.giaca lone <noreply@123formbuilder.com> Sent:Saturday, February 18, 2023 1:28 PM To: City Clerk<C ityCle rk @ bbf L us> Subject:Advisory Board Appointment application Today's date 02/18/2023 Name Nicolas Giacalone Phone number 561-699-3466 Address 4170 Key Lime Blvd Boynton Beach FL 33436 United States Email nicolas,,giacailone@yahoo.com Current occupation or, if retired, prior Marco Rubio for Senate occupation Education College student Are you a registered Yes ,voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? if"yes",which board(s)and when? Page 63 of 768 Have you ever leen convicted of a crime? o If"Yes",when and where? Advisory Board Education and Youth Advisory Board If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I am 19 years old and started my career in public service in middle school at Franklin Academy in Qualifications Boynton Beach, Florida. I served as a student council representative and won member of the year. I went on to serve as President of the Jr. Mass of 2022 and Chairman of Fundraising for the Student government Association at Somerset Academy Canyons High School in Boynton Beach, Florida. In 12th grade, I was elected to served as the President of Student government Association,which I governed the middle-high school. I now am attending Lynn University. I know the education systern well, as I lived in it and have been around for it practically my whole life. Professional A committeeman at the Republican Executive Committee of Palm Beach County. Memberships Intern and Palin Beach County Administrative Liaison for Marco Rubio's 2022Re-election Campaign. Feet free to attach/upload an hit s: form.1 3formbuilder.com a load dld.phip?fileid=296,lcad68c6bbOelO34,f77085e736352 extra sheet or resumes Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.20.198.214(United States)at 24123-02-18 13:27:42 on Whone 16.2 Entry ICS:592 Referrer:httos://w_ w boynton beach orb Fora Host.htt s: fors-n-123formb ilder.com 583214 advisor° -board-a pointment-application 2 Page 64 of 768 marcorubo US SENATE December 1", 2022 To Whom This May Concern, I am pleased to have the opportunity to write a letter of recommendation on behalf of Nicolas Giacalone. Nicolas' dedication to his academics and leadership will make him an engaged and successful addition in his next steps. Nicolas has been actively engaged in politics, interning with my South Florida campaign team. As a Campaign Intern, Nicolas has taken an active role in engaging with Florida voters while discussing issues that matter most to them. Nicolas has also demonstrated his commitment to his community by having completed over 400 hours of community service over the past four years. I am proud that Nicolas' experience working with my campaign has inspired him to further his leadership, and I have no doubt he will thrive at his next opportunity. Nicolas' passion for academics, as well as his understanding of politics, ensures he will be a great asset to you. Thank you for your time and consideration in this matter.To discuss Nicolas" recommendation further please contact my Political Director, Matt Grucla, at 305-613-6651. Sincerely, Marco Rubio United States Senator Page 65 of 768 Stanzione, Tammy From: City Clerk Sent: Wednesday, March 08, 2023 3:41 PM To: Stanzione, Tar my Subject: FW:Advisory Board Appointment application From: calixtefrancoise<noreply@123formbuilder.com> Sent:Wednesday, March 08, 2023 9:15 Al To: City Clerk<CityClerk@bbfl.us> Subject-Advisory Board Appointment application Today's date 03/08/2023 Name Francoise Calixte-Dieuvil Phone number Address Email calixtefrancoise2grnail.com Current occupation or, if Esol Coordinator retired, prior occupation Education Ks Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? I If"yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past.) If"yes", which board(s)and Education &Youth Advisory Board for the past four-plus years. when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Page 66 of 768 If appointed by the City Commission to serve as Board yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications Palm Beach Atlantic university Master's in organizational leadership Palm Beach State College Bachelor's in management &Supervision Associated of Art in Health Sciences Graduated with an honor Palm Beach Maritime Academy Secondary lEsol Coordinator) 2022—Present City of Delray Beach (Finance UTB). 2019-2022 Perform general administrative management duties Collect services fee Create a spreadsheet for the collection fee Promote positive employee relations and employee morale daily, South County Drug abuse Foundation Inc. 2016- 2019 Health Behavior Educator/Counseling/HIV advocate Keep appointment calendar's and schedule Professional Memberships F&R Immigration and Notary services 007-201 provide administrative and Staff Assistant to the whole staff. Help with translation File paperwork Monitor daily Payroll sheet Church volunteer 005-Present Counsel and coach people with different needs Teach Sunday school for all age groups Assist with planning youth activities Peel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 50.238.188.186(united States)at 2023-03-08 09:14:36 on Chrome 110.0.0.0 Entry ID:605 Referrer:https://www.boynton-beach.gEg/ Form 1-lost.ht ,//form., 123forrnbuilder.com583214 advisor -board-a opointment-a lication 2 Page 67 of 768 Stanzione, Tammy From. City Clerk Sent. Monday, Mare 20, 2023 2.47 FM To- Stanzione,Tarnmy; De Jesus, Maylee Subject; FW: advisory ward Appointment application Attachments:: Resume-Teresa M_ 23.docx From: Drtmcclendon<noreply 123forrnbuilder.coi > Sent: Monday, March 2C, 2023 12:13 NSM To.City Clerk<CityClerk c@bbfl.us> Subject:Advisory Board Appointment application Today's date 08/16/1963 Nance Far Teresa asey-McClendon Phone number 561-577-9272 Address 7228 Chesapeake Circle Boynton Beach Florida 33436 UnitedStates Email Drtmcciendon@gmaii.com Current occupation or,. ifExecutive Director Early Childhood Education retired,prior occupation Education Doctrine of Divinity Are you a registered Yes voter' Do you reside within the Boynton Beach City Yes limits? Do you own/manage a business within City yes limits? If"yes", name of Little Cubs Learning Center usine s: Are you currently No serving on a City board' Have you served on a No City board in the past' If"yes",which board(s)and when' Have you ever been No convicted of a crime' i_ Page 68 of 768 If"Yes",when and where Advisory Burd Education and Youth Advisory board If appointed by the City Commission to serve as Burd Chair or Vice No Chair are you willing to serve in this capacity? Personal Qualifications As a pastor and community leader Ministering to low-income families On a consistent basis. As an Experienced Childcare Provider Serving area families and seeing the needs of the people firsthand,and hearing their cornplaints and hearing their struggles. During the Pandemic serving our community by opening a food pantry,giving away clothing. Shoes and assisting with ministry finances.. Professional Way of Life Family Worship Center Memberships Children Services.Council Strongly Inds Prevention Central of South Florida American Heart Association National Chaplain Association Florida Association of Childcare Management NAACP Feel free to attache load an extra htt s: forma formbuilder.cor a load did. h ?fileid-S8b fbd fSff`'afe8c dab 2cfed78 sheet or resume. Certification 1,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 166.2{5.159.62(United States)at 2023-03.20 11:12:51 can iPhane 16.3 Entry ID: 609 Referrer;https:jZwww bra nton-beach.or f Farm Fast https://farrn.1 forrnbuilder�piji/ 214aad +iscrr bcaard a crintr ent a licatin 2 Page 69 of 768 Resume e e`er. `Perera C. McClendon 7228 Chesapeake Circle - Boynton Beach, EL 33436 Cell 1 577-9272 ail - Liv2llvagin@aol.com Education: Patrick Henry High v Roanoke, 06/1981 National Bus. College Salem, VA 1 1983 Fashion erc an iin Palm Beach State College Lake Worth, Fl -8/2 2 1 Director Degree Faith Christian University School 5/200 Doctorate Leadership Tabernacle Bible College & Seminary 5,/2011 11 ectora,te Divinity *Work Experience: Way of ie Ministry Boynton each, Fl. 2020 Executive Administrator/Pastor Instructor - Mentor: Manage Administrative 'Staff, Correspondence, ing, Data Entry, ecer - keeping, Filing, Meeting ch ulin , Manage & 'Train Volunteers Alternative Unlimited Plantation, El - 05/2008 Page 70 of 768 Administrative Assistant Office Administration, Registration, Data Entry, Scheduling, Appointment Setting, Filing, Reporting, Teacher assistant Manage & Train New ires Portsmouth Redevelopment & Housing Authority Administrative Assistant: Chesapeake, VA - 07/1999- 01/20�02. Typing, Filing, Meeting Scheduling, Office Management, Data Entry, Report Updates & Filing, Electronic B,illing, Customer Service, Traffic Calls, accounts Paya le, Sort & Distribute Mail, accounts Payale Receivable. R Transportation, Inc, - 05/2001 ul , VA Marketing/Advertisement & Customer Service Marketing Advertisement, Transporter, Appointment Setting, Quote Preparation, Data Entry, Customer Service, Data Entry, Matrix Updating, Manage Train env fires Harrison Museum of African . Culture Director Assistant American 08/1997 - Roanoke, VA 'ice Management, Payroll, Accounts Payable & Receivable , Data Entry, Manage & Train Volunteers Trigon - 11/1987- 7 Roanoke, VA Customer Service Claims Specialist/Provider Service, Detention, Benefits Analysis, Page 71 of 768 Claims Entry & Processor, Coding, Billing, Medical Claims Assistant , Roanoke United Methodist Hm Roanoke it inia 0 ..9� - Assistant Dietary Director /Dining ooAssistant Assistant to Dietary Director, Manage Administrative staff, Correspondence, Typing Reco�rd-keeping, Filing, Meeting, Scheduling, ata Entry, Menu Preparation, Manage Evening Staff Waitress , Assist Cooks Skills: : Administration Operator/Receptionist Office Management Dispatch, Data Entry Volunteer Coordinator Mentoring /Business Machines Certified Effective Supervision Licensed Parenting Instructor Licensed Minister/ outhctic Counseling Medical Billing/Claims Filing Insurance Benefits/Provider & Broker Service Nursing c Dietary Food rc aratioTraining Medical Terminology Microfilm icrofiche Telemarketing/Fundraising *Professional References: Page 72 of 768 ram Canon-Lead Secretary Portsmouth Redevelopment & Housing Authority 800 High Street Portsmouth, VA 23705 (757), 399-5261 Felicia Walker Alternative Unlimited Regional Director 2800 Oakland l Fart Lauderdale 333,14 - 7050 `Marra Kasey - CEO Prevention Centra Fort Lauderdale, Fl 33336 (954) 599-2267 Personal References: Michael F.r. McClendon - Pastor Ramsey Consultants AT&T Communications Fort Lauderdale, Florida 33438 Tammy Autrey Marriott Richmond, Va - 3527 Page 73 of 768 4 i City of Boynton Beach:Advisory Board Appointment Application 'hank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this application. If instructions are not followed or the application is not filled out in its entirety, the application will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e-mail address releasedin response to a public-records request, do not send electronic mail. Instead, contact the City Clerk's office by phone or in writing:. Mailing address: R.O. Box 310, Boynton Beach, FL 33435-0310 Rhone: (561) 742-6060 FAQ: (561) 742-6090 Name . , ti 4 Telephone # _ � ,} IC) Address Zip Code . Date of Birkiis .4Email: 'L, Current occupation or prior occupation: RR4 t,cv, � _ g7 EducationUC _ . .. Are you a registered voter? Yes No Do you reside within the Boynton Beach City limits? yes leo Do you own/manage a business within the City limits: Yes No If yes, name of business-- 14.( 41iLL Have you ever been convicted of a crime? Yes No If yes, when Where 14 Are you currently serving on a City board? V Yds No Have you served on a City board in the past? Yes No B S:\cc�w t,BOARDS�Applications\Advisory Beard Application 2023.doc " oHE nA 43 768 Page 75 of 768 If so, which board(s) and when? Please indicate which advisory board you are seeming appointment. For board luting, requirement, responsibilities and meeting times ,and dates, see attached. Arts Commission Historic Resources Preservation Board Building Board of Adjustment&Appeals Library Board Community Redevelopment Agency Advisory Board Planning & Development Board Education and Youth Advisory Board Police Officers' Retirement Trust Fund Employees' Pension Board Recreation & Paas Board Firefighters' Pension Trust Fund Senior Advisol Board If appointed are you willing to serve as Chair or Vice Chair? Yes No ilk 4 t t ;Khat personal qualifications do you possess (i.e.., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific J Please list any professional me berships: .� i aa-LIA-Aa J 3 . 44"_7 I hereby certify that the statements and answers provided herein are true and accurate. T understand that, if appointed, any false statements may be cause for removal from a board.. Signature: �` ,.. - .. . Date.IV m t S\CC\WP\B0A DS\Appfications\Ad;v1sM Board Application 2023,doc off Page 76 of 768 Page 77 of 768 Stanzione, Tamm From: City Clerk Sent. Wednesday, March tit, 2023 12.25 PM To: Stanxione, Tammy, De Jesus, Maylee Subject: Fes':Advisory Board Appointment application From:valerie.valcourt<noreply 123formbuilder,com> Sent: Wednesday, March 1, 2023 12:08 PM To;City Clerk<CityClerkbbfl,us Subject:Advisory Board Appointment application Today's date 43/01/2023 Name Valerie Valcourt Phone number 561 293-6591 Address 410 NW 16th Ave Boynton Beach Florida 33435 Netherlands Email valeriebvalcourtC paimbeachschools.org Current occupation or,if Educator retired, prior occupation Education Doctorate in Educational Leadership Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business No within City limits? If"yes", name of'business. Are you currently serving on a Yes City board? Have you served on a City Yes board in the pasta If"yes",which board(s)and I am currently the chairperson for the Education &Youth Advisory Board when" Have you ever been convicted No of a crime? If"yes",when and where? ,advisory Board Education and Youth Advisory Board t Page 78 of 768 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity' Personal Qualifications l have been on the Education &Youth Advisory Board'since 2020. 1 have served as the chairperson the last 2 years, I am also an Assistant Principal for the School District of Palm Beach County. l have graduate degrees in Educational Leadership,, Professional Memberships Feel free to attach/upload an extra sheet or resume,. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 127.0.0.1(Netherlands)at 2023-03-0112.08:16 on Chrome 108.0.0.0 Entry ICS:58 Referrer: htt s://www,bevnton-beach.or�l,/ Form Host:itt s. form. Z formbuilder,coiiil'SU214/ad iron board-appp sten nt aor�licatwon 2 Page 79 of 768 Stanzione, Tammy From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM To: Stanzione,Tammy; De Jesus, Maylee Subject: FW.Advisory Board Appointment application From:trarniccio<noreply@123formbuilder.com> Sent: Wednesday, March 1,2023 9:56 AM To:City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 03/01/2023 Name Thomas Ramiccio Phone number 561-386-7812 Address 4065 Trovita blvd Boynton Beach Fla 33436 United States Email trarni.ccio@aq1,.,cq,rn Current occupation or, if Mayor, chamber of commerce executive retired, prior occupation Education High school,some college Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If"yes",which board(s)and Historic Preservation/Planning Board when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Historic Resources Preservation Board Page 80 of 768 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications See previous application Professional Memberships Feel free to attach/upload a extra sleet or resume.. Certification I,the applicant, hereby certify that the statements and answers provided herein are tree and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been seat from 73.1.104.131(United States)at 2023-03-01 09:55:51 on Safari 15.6.1 Entry IU.597 Referrer.ht� www.b2y to -beach.or ' Form Host:h_ttpsj Ifort,q.123foi,mbuilder.co,m/5,83214/advis,orv-b,oard a�irer�t . 2 Page 81 of 768 Start lone, Tam= From: City Clerk Sent: Thursday, March 02, 2023 2:18 PM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application From, lindsaykarten more ply@123formbuilder.com> Sent.Thursday, March 2, 2023 8:41 AM To; City Clerk<CityClerk@bbfl.us> Subject. Advisory Board Appointment application Today's date Name Lindsay Karten Phone number Address 3386 CHURCHILL DR BOYNTON BEACH FL 33435 United States Email lindsaykarten@gi-nail.com Current occupation or, if retired, prior occupation Education Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Library Board If appointed by the City Yes Commission to serve as Board Page 82 of 768 Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board'. The message has been sent from 170.55,112,230(United States) at 2023-03-02 W40:47 on Chrome 11o.0.0.0 Entry IU: 601 Referrer: httr)s,//www,b,gyn—tgn-beach.org Form Test: htts f[ r , fc rrrtibur lher.cosm_/583214/adviso y f c�,ard irttment-application 2 Page 83 of 768 Stanzionn-la-mm From: City Clerk Sent: Wednesday, March 08, 2023 7:43 AM To; Stanzione, Tamrny; De Jesus, Maylee Subject: FW:Advisory Board Appointment application Attachments: Marcia-Levine-ReSLIme—March-2023.doc From: marcialorilevine <noreply@123formbuilder.com> Sent:Tuesday, March 7, 2023 7:40 PM To:City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 03/07/2023 Name marcia levine Phone number 917-693-4729 Address 625 casa Loma blvd apt 808 Boynton Beach FL 33435 United States Email marcialorilevine@gmaii.com Current occupation or, if retired, prior DJ occupation Education College Graduate Are you a registered Yes voter? Do you reside within the Boynton each City Yes limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently Yes serving on a City board? Have you served on a_ Yes City board in the past? If"yes",which board(s) I am currently: andl ren? Library Board Member term expires 3/31/23 This is a request for renewal of that position Senior Advisory Board Member(start Date 2022) Page 84 of 768 Have you ever been No convicted of a crime? If"yes",when and where` Advisory Board Library Board If appointed by the City Commission to serve as Board Chair or Vice Yes Chair are you willing to serve in this capacity? Personal Qualifications Good everting, Thank you for asking me to renew my application/Library Advisory Board Member. I would be honored to be able to continue for another terra. It's difficult for me to express my positive qualities as I like to practice humility in all aspects of tray life, but I am a service oriented, community minded and involved resident of The City of Boynton Beach. Idly whole family loves libraries and the majority of my family members are avid readers, I not only love to read, but I lave the concept of the library as an important fabric and glue of the community, I love the work that Mr. Craig Clark and the team are doing and I want to be able to help with the endeavors going forward. Professional Women For Excellence—Women's Leadership Group Memberships Women in Development-Women who are the fundraising area DL Franchise Record Pool-DJ Networking Group Feel free to attach upload an extra htt s: forret. 23forrrabuilder.corrtqload dLld.p j2pfileid=f7da 6cdflf bf f bfd sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed', any false statements may be cause for removal from a board. The message has been sent from 206.214.134.18(united Staten at 2023-03-07 19:39,.50 on Chrome 110.0.0.0 Entry ID:604 Referrer: htt s; www.bo ntona beach.or Y Form FlosV httrrs:liforrn t.23formbuilder.coni/58321A/advisory-board-appointment-application 2 Page 85 of 768 Marcia Levine Boynton each, Florida (917) 693-47291 marcialorilevine@gmaii.com SUMMARY I am a thought-ful,and creative business professional, with a successful career primarily within the media/marketing and sales arena. I have an established track record of cultivating strong internal/external partnerships. I am adept marketer and facilitator. I believe my experiences will allow me the opportunity to join a team, and to not only personally flourish, but also to help make a difference on the team (s) I join. PROFESSIONAL EXPERIENCE VIDEO CONFERENCE PRODUCER, Virtual. 2019-Present Set-Up and Administer/Facilitate Technical Support for Virtual Seminars/Trainings, Recovery Workshops and Professional Conferences, Manage all in meeting operations, including instructions on how to participate via computer or phone-in options, muting/un-muting features, polling, breakout rooms, screen sharing, and whiteboard/with attendee participation. Provide hell) with set-up of meeting (s) registration with correct in- meeting controls/functions to insure, smooth, orderly and successful conferenceYworkshops for stake-holders.. OLD SCHOOL SQUAREICORNBLL ART MUSEUM, Delray Beach, Fl. 2018-2020 Assistant Museum Operations Director Assist Director of Operations/Curator: Duties include: opening and closing museum, curating, operating and maintaining Museum Store, placing media buys for Art Shows at OSS/driving revenue to Old School Square. Manage reception desk admissions/donations through Square Register operating system. Greet guests with working knowledge of Old School Square,and Cornell Art MLJseum..Write all press releaseSrEngage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PES, it iami-Dade-Pairn Beach County 2017-2018 Account Executive (one year contract) a Relocated to Florida to join team to develop/launch The Health Channel properties, and www ,alIhe,,,-flth.tv website. Responsibilities include: Development of all marketing materials, generating leads, daily prospecting and lead generation, outreach into local community to create partner relationships, presentations virtually and in-person. Successfully worked together with Baptist/ Bethesda South Florida's marketing group and with SFPB S creative, marketing and ad sales divisions, VIVENTIUM SOFTWARE, New York, N.Y. 2016-2017 National Sales Account Executive(Outside and Inside Sales) 2 1 was recruited to develop NYC territory and assist the launch of Viventium Software. Responsibilities include: Development of leads, daily prospecting, virtual and in person sell ing/closing, cold-call and lead generation for all HCl (Human Capital Management/Payroll, Onboarding, HR) products, Led the launch team in new business sales, meeting and exceeding monthly and yearly goals, $2,50,000 Gross Revenue A TELEVISION NETWORKS, New York, N,Y. 1999-2015 Account Executive, New, Business Development Specialist, A&E, Biography, History Channel 6 Researched/generated new business opportunities; prospected on a daily basis. Identified customer needs, set up client meetings/presented to senior level decision makers. Closed high percentage of new business; met and exceeded yearly sales goals; Grew sales list revenue from $10 million to $100 million over the course of 14. years. VOLUNTEER&COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places„Vice Chair, Boynton Beach Library Advisory Board Member, Boynton Beach Senior Advisory Board Member, Vice-Chair Overeaters Anonymous Palm Beach County Board of Directors , Reading Volunteer NVestchester Montessori School&Canarsie Childcare development Center; Developed Therapeutic Music Program for Children on the Autistic Spectrum; EXTRA-CURRICULAR ACTIVITIES Professional DJ for the past 20 years. I go by the name "01 Marsh" I have had over 250 DJ jobs in various locations. I specialize in varied playlists that satisfy all age ranges. I transitioned to virtual ding during COVID, but I am currently back to live DJing.. EDUCATION B.A., Hunter College, New York, N.Y. Page 86 of 768 Page 87 of 768 "Stanzion a From: ace <noreply 123formbuilder.com> Sent. Tuesday, March 14, 2023 2;47 PM To: City Clerk Subject, Advisory Board Appointment application Attachments: ATR_resume_2023.pf Today's date 03/14/2023 Name Ace Tilton Ratcliff Phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace @stayweirdbekind<con Current occupation or, if retired, prior Self-employed artist, photographer, and writer occupation Education BA in political science from UCF Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City Yes limits? if"yes", name of Harper's Promise, currently on hiatus business..:. Are you currently serving on a City Yes board? Have you served on a City board in the Yes past? if"yes",which l have served on the Art Advisory Board and the Library Board for one term each, board(s)and when? Have you ever been No convicted of a crime? if"yes",when and where? Advisory Board Library Board t Page 88 of 768 If appointed by the City Commission to serve as BoardChair Yes or Vice Chair are you willing to serve in this capacity? Personal I am almost a lifelong resident of Boynton each.Though I left for a period to live in California, I Qualifications returned to my hometown to buy a house and create a life here. I have served in my capacity on the Library Board for one terra and I am interested in another, I am an author with my first book forthcoming from Simon &Schuster,Also I LOVE our fibraryl l Professional City of Boynton Beach Art Advisory Board', Member Memberships City of Boynton Beach Library Advisory Board, Member Feel free to attach/upload an htt s: form. 23formbuilder.coma load dld. h 7fileid=6cdl63Oe32Be7 c2ld 63a2 ee7cc 4B extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that., if appointed, any false statements may be cause for removal from a board.. The message has beery writ from 185,203.218.28(united States)at 2023-03-14 1346:55 on Chrome 109.0.0.0 Entry]D� 607 Referrer: httns:Jdwww.bovntnn-beach.or Form Hast°tjgpti :,� for°m,1 3fgrnibgilder corn 58 214Lad'visor -b card 2intrncn'-a I1cat1Q-n 2 Page 89 of 768 Ace , 11,111"on Ratcliff 142 SW 13th Avenue I Boynton Beach, FL 33435 561-376-3640 1 ace @stayweirdbekind-corn I @morluar-yreport They/Them Pronouns Ace Tilton Ratcliff is bad at small talk. Ace is a disabled,transgender, nonbinary abuse survivor living with mental illness and complex PTSD. They're a multidisciplinary artist whose work grapples with the discovery of self through life experiences that make for bad chitchat, but damn good art. Ace is a writer whose words serve as a magnifying glass focused on broken things,from their own meatcage to the US medical-industrial complex.They're represented by Stacia Decker at unow, Carlson & Lerner Literary Agency with a book forthcoming from Tiller Press.Ace is a sensitivity reader and a disability, death, and queerness consultant.They've worked with publishers like Tor, penguin Random House, Rosen Publishing, and Fireside Fiction, video game developers like Silverstring Media and Polytron Corporationi and authors like Mary Robinette Kowal and Alix Harrow.They have an AS in funeral services; six years experience as a funeral director and embalmer; and five years experience owning and operating Harper's Promise, a veterinary practice focused on in-home pet euthanasia and end-of-life care.Ace is a metalsmith who also works in fibers and watercolors. They're a photographer who shoots digital and film. Ace is a sucker for the literal underdog: they live with four dogs and three cats, all abandoned street animals. They're an amateur beekeeper who loves to collect plants, and their free time is spent getting tattooed or riding their scooter to the beach to read, EXPER�ENCE & SKK,I S CEO Stay Weird,Be Kind Studios I December, 2011 - Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond.Ace is represented by their agent,Stacia Decker,at Dunow,Carlson&Lerner Literary Agency.Their first book, "The Little Book of Dog Care:Expert Advice on Giving Your Dog Their Best Life"is forthcoming in July,2023 from Simon&Schuster. Ace has bylines at places like Gizmodo,Popular Science,iog,Huffington Post,Eater,and many more.Ace has made a name for thernself writing about living life as a disabled person in an inaccessible world,but has also had fiction published in places like Fireside Fiction,Phobos Magazine,and Glittership. Ace's voice as a disability activist has been featured in The Economist,the Guardian,and Upworthy Videos.Ace has been a panelist at The Next Page Conference in partnership with Kickstaxter,Worldcon '76,and the North American Science Fiction Convention 202o.Ace has been featured on a number of podcasts,including Maximum Fun's Reading Glasses,WNYCs Note to Self,and Andrew Gurza's Disability After Dark. As a sensitivity reader,Ace focuses on topics related to disability,working with writers like Hugo Award winners Mary Robinette Kowal and Alix Harrow,plus publishing houses-such as Penguin Random House, Tor,and Rosen Publishing. Ace has been awarded the D.Franklin Defying Doomsday Award and nominated for a Pushcart Prize. Page 90 of 768 Ace possesses a dedicated group of almost 2oK amazing Twitter followers and makes nearly 2.5 million impressions there on a monthly basis.Ace and their followers focus on community-care,raising thousands of dollars for places life local abortion funds or laiyah Magazine,in carder to sponsor disabled BIPOC to attend FIYAHCON.. 6o-founder, Deathcare Advisor Harper's Promise,U6 I January, 2018 - Present Harper's Promise is an in-home pet euthanasia,hospice and palliative care practice devoted to helping families throughout South Florida provide the best possible end of life experience.In 2017,Ace co-founded the practice with their partner,Dr.Derek Calhoon(a veterinarian),after the death of their chlhuahua,Harper—the best-worst dog ever.Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life for chronically ill pets while providing dignity, comfort,and control through the final stages of incurable illness for those that are terminally ill.Ace and Derek keep Harper's Promise by helping provide pets a good death,which is an integral hart of a goad life. Funeral Director,Embalmer, &Crematory Operator Parent-Sorensen Mortuary&Crematoryl January, 2014 -August, 2015 Wilson&hat er Mortuaries I October, 2012 —January, 2014 Smith&litter Funeral Home I January, 2012 — August, 2012 Boynton memorial Chapel I May, 2010 -August, 2010 Ace had direct responsibility for administrative and organizational management in addition to fast-paced event planning and production with extremely tight deadlines.She has superlative customer relation skills under demanding and stressful circumstances.She coordinated legal paperwork at a county,state,and national level,with a focus on calendar,budget and contract management.she flexibly worked between three office locations in addition to remote,after-hours telephone work.She provided necessary support to a tightly knit team when not working independently.She conceptualized funerals for thousands of families from a multitude of ethnic and cultural backgrounds after in-depth,personal phone and onsite interviews and conferences.She completed a rigorous and extremely demanding two-year embalming apprenticeship. Junior Technical Writer I October,2oi6 - November,2017 I ominum,Inc, Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end-users-typically system administrators.She standardized content across platforms,revised documents,and clarified instructions to make documentation easier to use.She is proficient in lira software for ticketing systems and Madcap Flare for document creation.She is willing and able to learn any new software or programs required. Director of Customer Services I August, 2015 a October,2016 unfed,Inc. Ace was a combination event-coordinator,customer service representative,and salesperson,providing innovative service by using over 14-years of experience in situational analysis to create repeat-customer loyalty.They were in charge of all advertising and social media campaigns,including all written Page 91 of 768 communications released by the company.Ace implemented multiple high-level,marketing-oriented processes and procedures,with a strong focus on social media maintenance across multiple major platforms. AGINVI)ES & OP",GAINIZATIONS City of Boynton Beach Art Advisory Board,Meniber City of Boynton Beach Library Advisory Board,Member IAAHPC Member EDUCATION American River College,Sacramento,CA-AS,Funera I SeniceS 2012 University of Central Florida,Orlando,FL-BA,PolitiC01 Science 2010 Page 92 of 768 Stanzion:e, Ta Froin; City Clerk Sent: Monday, Jarivary 23, 2023 7:21 AM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application Attachments: Vanessa_Beii-noiite-Resume-copy.pdf From:vanessabelmonte<noreply@123formbu0der.com> Sent:Saturday,January 21, 2023 5,22 PM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 01/21/2023 Name Vanessa Belmonte Phone number 407-913-9563 Address 100 NE 6th Street Apt 607 Boynton Beach Florida 33435 United States Email vanessaheirrionte@g.mail.,com Current occupation or, if retired, prior Marketing Consultant occupation Education Bachelors Degree, University of Central Florida 2008 Are you a registered voter? Yes Do you reside within the Boynton each Yes City limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently serving on a City No board? Have you served on a No City board in the past7 If"yes",which board(s)and when? Page 93 of 768 Have you ever been Yes convicted of a crime If"yes",when and where? 2004, misdemeanor for possession of marijuana at a college party Advisory Board, Planning& Development Board If appointed by the City Commission to serve as Board Chair or Yes 'dice Chair are you wilding to serve in this capacity? Personal Qualifications I'm passionate about the intersection of technology and culture. For the past 12 years I've helped creatines, startups, SMEs&entrepreneurs ideate and execute on their visions&projects through marketing,communications, events and business operations and more recently in creative consulting&transformational coaching. I have 5 years of experience with digital transformation and community building. My experience both working with small businesses building communities for startups makes me a great candidate for the Planning& Development Board. I have innovative approaches yet am grounded in sustainable growth and thriving community. Professional Professional Memberships; Memberships OpenFxO Ambassador Certified openFxO Trainer,Advisor and Consultant Certified Internship Mentor with Poston Fxo Feel free to attach/upload an etratts; form 3fornauilder.conulload' dlddohplled bffdaidaeabddf' sheet or resume, Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a boa rd'. The message has been sent from 20 .214.134.162(United States)at 2023-01-2.1 17:21:30 on Chrome 107.0.0.0 Entry Its. 584 Farre Host: htt s. Fform.123fariribuilder,coni58321.4 adviser board-a ointment-a lication 2 Page 94 of 768 PROFILE Broad-based background with over 12 years'hands on experience in the ares of digital marketing,brand development,social media and online development Insightful and result driven )�t,t tr it professional with a profound ability to conceptualize,develop and execute marketing campaigns l,y�rststy,'� r�it�1�, that brand strong and memorable brands.Innovative leader with wide-ranging experience delivering results by creating and instigating strategic and tactical solutions that advances rl"}t��'14t�1J products awareness;with a proven track record of working cross-functionally to execute new projects,efts,direct multi-site operations,improve productivity and profitability,and enhance the 7\li�147{r{4tj}�1 customer's experience. EXPERTISE Community Relations r Branding Development Strategic market Planning + Social Media Management ■ Budget management 0 Market&Competitor Research Project ManagementCommunication&Storytelling ■ Event Man agemont 9 Creative Team Leadership Client DevelopmentCustomer Engagement Optimization EXPERIENCE ' m Chief Creative Officer 2010-2022 Culture Climax-A Creative Agency Founded Cuttrare Clfrrnox to help srxarrtr+bushvsses etrow lhrouyh brrrrrra"rrng development acrd croative morketing,. Improved brand awareness and helped clients connect with potential customers by developing creative community outreach campaigns and advocated brand on multiple sacral rmedia channels • Cultivated community and connection with sponsored events ■ Increased sales and customer engagement for 304,clients by developing growth strategies and creating optimized social media designs and content Streamlined all facets of operations of events,marketing campaigns and launch of over 50 businesses • Ensured the strategic vision of agencies and 4W clients were in line with the brand development and content creation,including graphic design,filming and photography Community Manager 2019-2020 penExO-Global Transformation Ecosystem Marketplace • Increased efficiency by automating community onboardin f process,email marketing and sates funnels utilizing HubSpot Spearheaded engagement campaigns,online partnerships,value generation and growth strategies to help build and manage a 5000 member community Coordinated in person and virtual events on a weekly and monthly basis for 100+people managed and led operations for live certification programs,including develop processes, research and implement tools,streamline onboarding,manage logistics,content and collateral Marketing Director 201T-2019' EXO Works-Digital Transformation Consultancy Pioneered the innovation of creative marketing campaigns,branding,and content creation that led to 24%increase in sales and boosted revenue generation • Oversaw marketing operations and optimized KPIs for partnerships with Accenture and Halt + business School Documented and supported outcomes of ExO Innovation sprint for fortune 500 Companies I a Contributed to the Exponential Transformation book and launched campaigns and events for book promotion F M * Oversaw,organized and shaped company image by implementing processes for company, offerings,press and partnerships ® Booking Manager 2015-2017 ExO Speakers-Speakers Bureau for Digital Transformation Speakers r p Spearheaded contracts,booking,marketing and travel for high profile keynote speakers and authors • Coordinated contracts for 15+ global speaking engagements per month Managed client correspondence and trained and oversaw 2 employees Negotiated contracts for speaking engagements,increasing revenue by 30% Page 95 of 768 Page 96 of 768 4 i City of Boynton Beach:Advisory Board Appointment Application 'hank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this application. If instructions are not followed or the application is not filled out in its entirety, the application will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e-mail address releasedin response to a public-records request, do not send electronic mail. Instead, contact the City Clerk's office by phone or in writing:. Mailing address: R.O. Box 310, Boynton Beach, FL 33435-0310 Rhone: (561) 742-6060 FAQ: (561) 742-6090 Name . , ti 4 Telephone # _ � ,} IC) Address Zip Code . Date of Birkiis .4Email: 'L, Current occupation or prior occupation: RR4 t,cv, � _ g7 EducationUC _ . .. Are you a registered voter? Yes No Do you reside within the Boynton Beach City limits? yes leo Do you own/manage a business within the City limits: Yes No If yes, name of business-- 14.( 41iLL Have you ever been convicted of a crime? Yes No If yes, when Where 14 Are you currently serving on a City board? V Yds No Have you served on a City board in the past? Yes No B S:\cc�w t,BOARDS�Applications\Advisory Beard Application 2023.doc " oHE nA 73 768 Page 98 of 768 If so, which board(s) and when? Please indicate which advisory board you are seeming appointment. For board luting, requirement, responsibilities and meeting times ,and dates, see attached. Arts Commission Historic Resources Preservation Board Building Board of Adjustment&Appeals Library Board Community Redevelopment Agency Advisory Board Planning & Development Board Education and Youth Advisory Board Police Officers' Retirement Trust Fund Employees' Pension Board Recreation & Paas Board Firefighters' Pension Trust Fund Senior Advisol Board If appointed are you willing to serve as Chair or Vice Chair? Yes No ilk 4 t t ;Khat personal qualifications do you possess (i.e.., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific J Please list any professional me berships: .� i aa-LIA-Aa J 3 . 44"_7 I hereby certify that the statements and answers provided herein are true and accurate. T understand that, if appointed, any false statements may be cause for removal from a board.. Signature: �` ,.. - .. . Date.IV m t S\CC\WP\B0A DS\Appfications\Ad;v1sM Board Application 2023,doc off Page 99 of 768 Page 100 of 768 Stanzione, Taratir From: City Clerk Sent; Friday, March 03, 2023 12:13 PM To: Stanzione, Tarnmy; De Jesus, Maylee Subject: FW Advisory Board Appointment application From: nick—tunno <noreply@123formbuilder.com> Sent: Friday, March 3, 2023 11:45 AM To:City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 03/03/2023 Name Nicholas Tunno Phone number 561-862-7240 Address 4. Nottingham P1 Boynton Beach FL 33426 United States Email nick tunno@yahoo.com Current occupation or, if Sales Manager retired, prior occupation Education Bachelors Are you a registered voter? Yes Do you reside within the Yes Boynton each City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been convicted No of a crime? if"'yes",when and where? Advisory Board Planning& Development Board Page 101 of 768 If appointed by the City Commission to serve as Board Yes Chair or bice Chair are you willing to serve in this capacity? Personal Qualifications Mello. I have been a board member of SHRM Palm Beach County for many years working closely with businesses, and business professionals in our community. I'm very passionate about serving on boards that allow me to snake aro impact in my local community. I'm seeking a new challenge and am confident I can make a real impact in whatever role I take. I also serve as a sales manager for a large insurance consulting firm. I manage 13 offices and over 50 professionals. I'm a great coach and mentor in this capacity. Professional Memberships ShIItM Palm Beach County Board of Director. Summer Search Non Profit Junior Board member. Peel free to attach/upload an extra sheet or resume. Certification Iy the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 73.1.1.06.23 (United States)at 2023-113.03 11:4.5:00 on Chrome 11. .0.0.Q Entry ID:502 Form Host:)tt s: form-1 3formbuilder.c m 583214 advisor -board-aopointment-app1j,cation 2 Page 102 of 768 S anz(one, Ta From: carngeoff <noreply 123forrnbuilder,com> Sent,. Tuesday, March 28, 2023 11:12 AM To. City Clerk Subject: Advisory Board Ap oints�ss=nt application Today's date 03/28/2023 Name Geoff Campbell Phone number 864-320-6712 Address 221. SF 5th Ave. Apt. B Boynton Beach Florida 33435 United States Email care eoff ftmail,con Current occupation or, if Landscape Architect retired, prior occupation Education Bachelors Are you a registered voter? Yes Leo you reside within the Yes Boynton Beach City limits? Do you own/manage a businessNo within Citylimits? if"yes", name of business: KEITH Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If ayes",which board(s)and Recreation and Parks when? Have you ever been convicted o of a crime?' if"yes",when and where? Advisory Board Recreation& Parrs Board If appointed by the City Commission to serve as Board ,yes Chair or Vice Chair are you willing to serve in this capacity? { Personal qualifications Practicing Landscape Architect well versed in site and park resign, maintenance and construction. Lifelong athlete, former Boynton Beach Tennis League participant. t Page 103 of 768 Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 64.152.141.146(United States) at 2023-03-28 10;11:39 on Chrome 111.0.0.0 Entry ID:610 Referrer. tt s; �yAw.bp r Ii ach.orgI Form Dost; htt s: f rm.12aforml)usld-er,com 583214 advis ry__Iaoarc�ja aoir�tr errt appllcatlr?,r 2 Page 104 of 768 St nzione, Tarn From: City Clerk Sent. Thursday, February 23, 2023 2A9 P To. Stanzione" Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: beveridge.n.sarah more ly@1 3formb ilder.co m> Sent:Thursday, February 23, 2023 2A4 PM To. City Clerk<CityClerk@bbfLus> Subject. Advisory Board Appointment application Today's date 02/23]2023 Name Sarah Beveridge Phone number Address 3681 WOLF RUN LN B YNT N BEACH FL 3343S United States Email beveridge,n,sarah,@gmail.co.m Current occupation or, if Stray at home mother, previously a teacher retired, prig occupation Education Bachelors Are'you a registered voter? Yes Cho you reside within the Yes Boynton Beach City limits? Do you ow /manage a business No within City limits? If"yes", name of business: Yes Are you currently serving on a No City board? Have you served on a City No Board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? Advisory Board Recreation & Parks Board t, Page 105 of 768 Page 106 of 768 if appointed by the City Commission to serve as Board No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As a mother and a previous educator I feel I have a connection to what is needed in our community. Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.204,57,247(United States)at 2023-02-23 1.4:44:19 on Chrome 110.0.5481.83 Entry ID:595 Referrer https://www.bclynlqo_gon yea 2Ff Ferro Hosthttps://ferrn123fr�rrn gild i,_c �5832t41,a vEsc�ry bcaard„ g c int en!�!p at-ion 2 Page 107 of 768 Page 108 of 768 Stanzione, Tamm From: City Clerk Sent. Wednesday, March 01, 2023 2:05 PM To Stanzione,Tammy; 0e Jesus, Mayle Subject: FW: Advisory Board Appointment application From.juliernondello <no reply@ 123formbuilder.com> Seat:Wednesday, March 1,2023 1:31 PM To:City Clerk CityClerkbbfl.us> Subject.Advisory Board Appointment application Today's date 03/0 ./2023 Name Julie Mondello Rhone number 561-346-9466 Address 122 Lancaster Road Boynton Reach FL 3342.6 United States Email jjuliemondello( vahoc.com Current occupation or, if Technology Project Manager retired, prior occupation Education MBA Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Cao you own/manage a businessNowithin City limits? If"yes", name of business:. Are you currently serving on a City hoard? Yes Have you seared on a City board in the past? Yes If"yes",which board(s)and I have been serving on the Recreation and Paas hoard for the last 10 years or so. when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board 'Recreation& Paas Board t Page 109 of 768 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I have a daughter in high school and she ha grown up going to parks, park events and city of Boynton Beach event.Are parks are beautiful and important to childen's lives. Important to everyone's lives especially since the pandemic. I am currently the chair of the board and I think all of or board members are doing a great job. Professional Memberships Project Management Professional (PMP) Six Sigma Green Belt Feel free to attar h/upload an extra sheet or resume. Certification 1,the applicant, hereby certify that the statements and answers provided herein are true and a:ccurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 73,46,25.173(United States)at 2023-03-0113:31&06 on Chrome 108.0.0.0 Entry ID:599 Referrer.Littps, �www.bo nton-hea,chor Form Host:httos://forni.123[oi,nibuilder,com/5832144ao ard-ap iritrn _ 2 Page 110 of 768 Have you served on a City board in the Yes past if"yes",which Youth and Education and Recreation and Parks Boards board(s)and when? Have you ever been No convicted of a crime? if"yes",when and where" Advisory Board Recreation& Parks Board If appointed by the City Commission to serve as Bard Chair Yes or Vice Chair are you willing to nerve in this capacity? Personal cations Perscatl$ns I am presently serving on this board QualifiProfessional MemberMemberships Member of kappa Alpha Psi Feel:free to rssheet oattach/uploado extra sheer an htt s: li_lm.,123formbuilder.com/upload dld.php?fileid=8f744a93007294aaadl3Oa6bf2745163 resume. Certification 1,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 131.91.7.200(United States)at 2023-02-28 12:10:34 on Chrome 110.0.0.0 Entry ID:596 Referrer♦htt s: j s�.l?oyn on bea h.c f Form Host: https:Ilform,123 ormbuilder,coni158321 ad s boar ointment-apphcation 2 Page 111 of 768 -Y tanzione, Tamm To: City Clerk Subject: RE:Advisory Board Appointment application From.City Clerk<CityClerk@bbflus> Sent:Tuesday, February 28, 2023 12;18 PM To:Stanzione,Tammy< tanzioneT bbfl,us ; De Jesus, Maylee<DeJesusM@bbfl.us> Subject; Fief:Advisory Board Appointment application From: pamfran more ly 123forrnbuilder,corm Sent:Tuesday, February 26, 2023 12,11 PM To:City Clerk<Cit Qerk(bbfl.us> Subject.Advisory Board Appointment application Today's date 02/28/2023 Dame Frando Patterson Phone number Address Boynton Beach Florida 33426 United States Email Current occupation or, if retired, prior Director of Testing and Certification occupation Education Master Degree Are you a registered Yes.. voter? Do you reside within the Boynton Beach yes city limits? Do you own/manage a business within City No limits? If"Yes",name of business. Are you currently serving on a City yes board? i Page 112 of 768 Frando L Patterson Boynton Beach, FL 33426 Objective: A visionary and proactive individual who is seeking a position where my skills, abilities, and experience will benefit the organizations goals and objectives. Education: Golden Gate Univenvitj7 San Francisco, CA Master of Science Human Resources Educational emphasis Personnel Management .lune 1991 Tennessee State Univervitt, Nashville, TN Master of Education Curriculum and Instruction Educational emphasis Business Education Completed 33 hour toward teaching certification Tennessee State Universit3° Nashville,T Bachelor of Business Adn7in Educational emphasis Marketing May I£983 A F Maxwell AFB Associated Degree Education and Training Management Work History: Florida Atlantic l niversig, Boca Raton, FL Director of Testing and Certification Dec 2007 to the Present Director of Testing Preparation Responsibilities- Department epartment mana er for all activities in the center which includes overseeing. Budget, Revenue and Expenses. Additional responsibilities include er-arployce relations (personnel policies, employment, hiring and staff development) and marketing oftbe services offered by the department. point of contact for all academic and professional test administration, record keeping and scheduling of pencil and paper tests, computer-based tests, and internet-based tests(national, state, local). Test center manager for PROMETRIC APTC, PEARSON VUE, PSI centers. Primary manager for administer- functions for the test prep department. Represent the department or the university at various functions or cornmittees, as needed.. Page 113 of 768 Tenne.-Y.we State I:niv r°sr`t3# Nashville,TN Testing Supervisor Jan 1993 to Nov 2007 Responsibilities- Supervised and administer computer-based and paper and pencil exams.. These exams included GRE, MAT, CASTLEWORLD, CLEF, PSI, CEI ACCUPLACER, 1' CAT and Praxis series test. Supervised and trained graduate assistants and contractual test proctors oil administering test for the department. Advise university personnel, students, and the public on testing requirements. Military History Air Force Reserve Marietta, GA. 4`r' Wing Training Manager Jan 2013 to June 2015 45`x'Aerospace Evacuation Squadron June 2015 to Jan 2017 Wing Training Manager/Unit Training Manager Responsibilities- -Worked as the OPR for training programs for units serviced by the Force Support Squadron. In my capacity as a Wing,Training Manager, I ensured prograrns were in place to manage upgrade, qualification, in-garrison, and ancillary training. Implement and manage training programs, policies, and. procedures as directed by higher headquarter. Review and coordinate wing and unit-level training publications, supplements, and operating instructions, and provide recommendations to the appropriate CPIs. Tennessee Air National Guard Nashville, TN Training Manager 118"' AES July 1991 to Jan 71113 Responsibilities- Advise es onsibiliti s- Advise the Unit Con-nzander on all training issues Develops, delivers, and evaluates education arld training programs Apply instructional system development process for job standards Advise Air National Guard 4Nf1 CFM on training.issues Advise members of school dates using TEAM Award rnerlrbers shill level using Milpds Advise ANC Readiness Center concerning training issues Super-User for the ANG Medical Communities for AFTR Senior Instructor"for the Express Train Class (Class for newly appointed) UTM and units that are 12 months out from a HSI) Instructor for"Supervisor Involvement Course ANG Field Rep for AlyT1 United State Air Force Julyl957 to July 1991 Computer Shills; MicrosoftWords, PowerPoint, Excel, Banner and Access Organization: Mcinber ATP-NOTA ORP Standard workgroup Reference. Available on Request Page 114 of 768 5.H. Administrative 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Hear presentation of annual report from the Art Advisory Board. Explanation of Request: The City Commission requested that each advisory board present an annual report at a City Commission Meeting. Each board is required to have consensus on the content of the report prior to presenting it to the Commission. The Art Advisory Board approved the enclosed report at their January 12, 2023 Board Meeting. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Addendum Written Art Advisory Board Annual Report Page 115 of 768 2022 & 2023 Achievements Art Advisory Board Annual Report April 4, 2023 Art Advisory Board Members Clovis Moodie, Vice Chair Cynthia Alexis, Board Member Gregory Hartmann, Board Member Phyllis Pacilli, Board Member Ace Tilton Ratcliff, Board Member Hector(Sam) Velazquez, Board Member Ellen Jones, Alternate A'Keyah Williams, Alternate Former Members in 2022 Kelli Drum Martin, Board Member/ Former Chair Marcia Levine, Board Member/ Former Vice Chair Courtlandt McQuire, Board Member/ Former Chair Staff Glenn Weiss, Public Art Manager(Full-Time) Veronica Inberg, Public Art Coordinator(Part-Time) Meetings In 2022, twelve monthly meetings held on the second Thursday of each month at 6:30 pm in the City and three meetings in 2023. Commission chambers and one special meeting for the Recreation Master Plan Actions by the Art Advisory Board Mural Ordinance, Policies and Commissioned Murals • Ordinance and policies written by the Art Advisory Board and Adopted/Approved by the City Commission • Advertised the program to property owners and local artists. • Approved murals by artist Kristen Pavlick (Delray Beach) for Delray Pawn at 3377 S Federal Highway and by artist Gregory Mankis (Fort Lauderdale) for Gator State Storage at 860 W Industrial Ave. The Art Advisory Board approved $5,000 grants to match the $10,000 spent by each owner. Collaboration with City Departments • Approved mural by artist Tracy Guiteau (West Palm Beach)for the Amphitheater at Sara Sims Park. Artwork completed. • Approved art research by artist Jacoub Reyes (Orlando) for Eco Park. Completion in 2024. • Artist Gary Moore (Fort Lauderdale) hired to develop a public art project with the Solid Waste Truck Drivers. Completion in 2023. • Approved mural for Boynton Beach Extension fence by artist Chris Eliades (Boynton Beach). Installed in January 2023. Collaboration with Public Works. Art Advisory Board Annual Report, April 4, 2023 1 1 P a g e Page 116 of 768 2022 & 2023 Achievements Private Development Art in Public Places • Approved mural by artist team Koco Collaborative (Denver, CO) for Neurobehavioral Hospital at 4905 Park Ridge Blvd at Beta Dr. Mural Complete. • Approved sculpture by Andrew Kovacs (Los Angeles, CA) for Oakwood Square at 320 N. Congress Ave for Edens. Concrete of sculpture complete. • Approved mural location for future mural at Boynton Beach Office Condo at MILK& Federal Highway • Approval of sculpture locations for the public art at the Broadstone Apartments at 212 S. Federal Highway. • Approval of sculpture and mural location for the public art at the Pierce Apartments at Ocean Avenue and Federal Highway. • Followed the garage artwork by Mark Fuller (Palm Beach Gardens) at Riverwalk Development at Woolbright and the Intracoastal. To be completed in May-June, 2023. • Reviewed and recommended amendments to the Art in Public Places guidelines for Private Development. Kinetic Biennial • All artists selected after international artist application by the Art Advisory Board • Held on January 27-29 with approximately 6,000 visitors. • Three bands played from the amphitheater over two days with multiple local food trucks. • Installed 10 outdoor Kinetic sculptures and graphics for display between Jan-Nov, 2023 • Hosted the VIP Opening of the Kinetic Biennial with DJ Marcia Levine,Jamaican hors d'oeurvres, drinks with Greater Boynton Beach Foundation, Boynton made cookies and talks by the Mayor Ty Penserga and Art Board Vice Chair Clovis Moodie • Coordinated Kinetic After School Art Project at Galaxy Elementary and displayed bike wheels. • Secured 15 sponsors and advertisers for the catalog for an income over$13,000. Public Art Staff with Review by Art Advisory Board Arts &Cultural Center Exhibitions and Events • Black Creativity in Palm Beach County,January-March, 2022 • Art and Autism with FAU CARD, April • Second Career Artists, May-June • Recreation and Parks Photo Contest and Invited Photographers, July-August • Boynton Beach Quilters, September-October • "Out of this World"fashion by Azul, September-October • Affordable Art Show, November-December • Palm Beach County Public School Art Teachers and Students from BBACC class with Talin., Feb- March, 2023 • Art gallery style spot lighting installed on the second floor gallery in September • Artist lectures by Izel Vargas and Andrew Kovacs Sailfish Spinners • Six Palm Beach County artists convert six fiberglass sailfish mounts into works of art spinning on Ocean Ave spinning poles. Installation for two years starting in April 2023. Art Advisory Board Annual Report, April 4, 2023 2 1 P a g e Page 117 of 768 2022 & 2023 Achievements City Hall Lobby Exhibitions • Paintings and Sculpture by Luiz Montana and Leslie Ortiz (West Palm Beach) (Banners were displayed on Ocean Avenue of the artists sculptures for 6 months) • Sister Cities Student Art Contest • Paintings by Izel Vargas (Delray Beach) • Painting by Ethread Joseph (Jupiter) • Paintings by Lisette Cedeno (West Palm Beach) All exhibitions met the Art Advisory Board goals for ethnic diversity and supporting local artists. Art Advisory Board Annual Report, April 4, 2023 3 1 P a g e Page 118 of 768 2022 & 2023 Achievements Fundraising for Public Art Programs by City Staff Grants (All First Time Grants) • National Endowment for the Arts, 2023 Kinetic Biennial, $20,000 -Awarded • South Arts, Atlanta, Heart of Boynton Unity Project, $15,000 -Awarded • State of Florida Cultural Affairs, All Public Art Programs, Good Ranking for State FY24 Budget • Mellon Foundation, Unity Project with Heart of Boynton (Applied.) Earned Income • Kinetic Biennial Sponsorships and Catalog Advertisements: $13,000+ In-kind • Primetime After School Teaching at Galaxy Elementary: $8,500 Public Art Program Media and Outreach • Kinetic Biennial: 3,000 free catalogs, social media boosting, 1-95 billboard, Sun Sentinel Article • Sun Sentinel Article, Second Career Artists Exhibition • Weekly Facebook and Instagram Postings • Monthly BoyntonArts e-Newsletter • FunFair and Water Utility Bills • Developed Collaboration with Heart of Boynton Association for the 2023 Boynton Unity Project Updated Branding and Graphics BoyntonArts • New Logo • New Social Media Hashtag: #boyntonarts Formerly: Boynton Beach Art in Public Places or Public Art Kinetic Biennial • Updated Logo • New Social Media Hashtag:#kineticbiennial Formerly: Kinetic Art Exhibition and Symposium BoyntonArts.org • Updated webpages on City Website Art Advisory Board Annual Report, April 4, 2023 4 1 P a g e Page 119 of 768 2023 Projections 2023 Projected Actions by the Art Advisory Board Policies • Reviews and recommends amendments to Art in Public Places Guidelines • Reviews and recommends artwork location plan Mural Program • Encourage and approve at least 2 new murals in the City • Celebrate the completion of the mural by Kristen Pavlick (Delray Beach) for Delray Pawn at 3377 S Federal Highway Collaboration with City Departments • Approve, complete and dedicate public art project with the Solid Waste Truck Drivers by artist Gary Moore (Fort Lauderdale) Collaboration with Public Works. • Approve and complete Gobo projections on back of Art and Cultural Center. Collaboration with Recreation. • Approve and complete artist wraps for traffic cabinets. Collaboration with Public Works. • Recommend ideas for Welcome to Boynton signage/artwork. Collaboration with City Manager's Office. • Design for northwest corner of MLK and Federal Hwy after demolition. • Design of sidewalk enhancement for Public Works sidewalk projects • Design of Fish Rack for Oyer Park Boat Launch Private Development Art in Public Places • Approves and dedicates finished garage artwork by Mark Fuller (Palm Beach Gardens) at Riverwalk Development at Woolbright and the Intracoastal. • Approve mural design selected for Boynton Beach Office Condo at MLK& Federal Highway • Approval of sculpture selected for the public art at the Broadstone Apartments at 212 S. Federal Highway. • Approve artwork designs and/or artwork locations for several private developments including the Pierce, Ocean One, the Villages,Town Square Apartments, Shalimar, Bethesda Hospital and others. Public Art Staff with Review by Art Advisory Board Unity Project with Heart of Boynton Assoc. • Develop programs, events and community collaborations with Heart of Boynton Assoc. • Select and hire artists for February 24, 2024 "Unity Day" Arts &Cultural Center Exhibitions and Events • Haitian American Art, May-June • Recreation and Parks Photo Contest and Invited Photographers, July-August • Hispanic American Art, September-October • Affordable Art Show, November-December Art Advisory Board Annual Report, April 4, 2023 5 1 P a g e Page 120 of 768 2023 Projections • Other exhibits on the second floor gallery in September • Artist lectures to be determined City Hall Lobby Exhibitions • Sister Cities Student Art Contest • Other Paintings in Lobby to be Selected All exhibitions meet the Art Advisory Board goals for ethnic diversity and supporting local artists. Fundraising for Public Art Programs by City Staff Grants (All First Time Grants) • National Endowment for the Arts, Our Town Grant • State of Florida Cultural Affairs, All Public Art Programs, Good Ranking for State FY24 Budget Earned Income • Primetime After School Teaching in Boynton Beach Public Art Program Media and Outreach • Press Release Drafts to PIO Office • Weekly Facebook and Instagram Postings • Monthly BoyntonArts e-Newsletter • FunFair and Water Utility Bills • Develop Collaboration with Heart of Boynton Association for the 2023 Boynton Unity Project Art Advisory Board Annual Report, April 4, 2023 6 1 P a g e Page 121 of 768 6.A. Consent Agenda 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Accept FY 22/23 first quarter report on operations of the Schoolhouse Children's Museum. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum (Boynton Cultural Centre, Inc.), the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission Meeting. How will this affect city programs or services? None Fiscal Impact: None Alternatives: Do not accept the report. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Schoolhouse Museum 1st Quarter Report FY22- 23 Page 122 of 768 <5}. Schoolhouse Children's Museum :ti,t7 +at s,';l)�t"r$��ssjSi��t(u7a.��r,'��ii`I��st��3�tS��tti'ifi, ff$')��u�l��l�S4S`°`t11 `tii ti}t��ftrS3}}}}}, �tl ttt�i>i'l',�1j�11r.�}P��ft`•rti}}rr�{��}}qt}}�fliif(tt{)`{f�i;i7�5�}{E„�1}` 1)}),l(,�ue sr , Quarterly Report FY '22/'23 1” Quarter General Operations Museum visitation and membership sales have returned and increased when compared with the same period last fiscal year. Demand for Birthday parties and classes have also increased. Operational format continued to be two play sessions with a half closure in between for resetting and sanitizing. Reservations are strongly suggested, particularly in the morning, when the Museum is typically busiest. Revenue Gross Revenue for the first quarter of '22/'23 was 8.68% higher than the same period the previous year. This increase was directly related to the receipt of two grants from private foundations in support of Museum Programming. These funds will be expended over the course of the fiscal year. Excluding the City's support, income from operations, including fundraising for FY '22/'23— Q1 was $225,103.78 vs. $207,127.53 in FY '21/'22 — Q1. Expenses Overall Expenses for the first quarter of '22/'23 were slightly lower than the same period last year. This reduction was due to staff attrition and challenges related to hiring a part- time educator. Expenses for FY '22/'23 — Q1 were $153,925.90 vs. $156,039.95 in FY '21/'22 — Q1. Programming Attendance in Museum programming was strong for the 1" quarter of the fiscal year with several classes full or nearly full. Respectfully submitted, SUja nVUO/20-Sk Executive Director Page 123 of 768 6.B. Consent Agenda 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-040-Approve, ratify and authorize the City Manager and Mayor to sign the Collective Bargaining Agreement between the City and the Boynton Beach Association of Fire Fighters Florida Local 1891 of the IAFF for the term October 1, 2023 through September 30, 2026. Explanation of Request: The City and the Union negotiated the COLAs, organizational changes in the Collective Bargaining Agreement during session conducted on March 16, 2023. These changes generated savings to the City. The City and the Union extended the contract through September 30, 2026. The Union's membership ratified the successor Agreement on March 21, 2023 with 114 voting members in favor and 5 not in favor. As the last step in the ratification process, the Agreement is now before the Commission for action. How will this affect city programs or services? Having Collective Bargaining Agreements in place provides bargaining unit members and management with direction on the current terms and conditions of employment in effect. Fiscal Impact: Deletion of four (4) Battalion Chief positions- Savings of$800,000.00 Creating two (2) Division Chief positions- Cost of$400,000.00 Net Savings$400,000.00- Which paid for the cost of the COLA/Previously negotiated wage increases. After COLA net saving $25,000.00 Additional variable savings with overtime and instructor pay changes Alternatives: Strategic Plan: High Performing Organization Strategic Plan Application: Positive labor-management relationships contribute to a High Performing Organization. Climate Action Application: Is this a grant? No Page 124 of 768 Grant Amount: Attachments: Type Description D Resolution Resolution approving IAFF Collective Bargaining Agreement D Agreement IFF Collective Bargaining Agreement 2023- 2026 D Addendum IAFF Membership Voting Results D Addendum IAFF CBA Presentation Page 125 of 768 I RESOLUTION R23- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE 5 CITY OF BOYNTON BEACH, FLORIDA AND THE 6 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, 7 LOCAL 1891 FOR THE PERIOD OF OCTOBER 1, 2023 8 THROUGH SEPTEMBER 30, 2026, AND AUTHORIZING 9 AND DIRECTING THE MAYOR AND CITY MANAGER TO 10 SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE I I DATE. 12 13 WHEREAS, the City of Boynton Beach and the Union negotiated the COLAs and 14 organizational changes in the Collective Bargaining Agreement during a session conducted 15 on March 16, 2023; and 16 WHEREAS, these changes generated savings to the City and extended the contract 17 through September 30, 2026; and 18 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 19 best interests of the residents and citizens of the City to ratify the Collective Bargaining 20 Agreement and execute the same. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby ratify the Agreement between the City of Boynton Beach and the International 29 Association of Firefighters, Local 1891 for the period of October 1, 2023 through September 30 30, 2026, and authorizes and directs the Mayor and City Manager to sign the Agreement, S:ACA\RESO\Agreements\CBA RatificationsAAFF CBA 2023-26-Reso.docx Page 126 of 768 31 a copy of said agreement being attached hereto as Exhibit "A". 32 Section 3. This Resolution will become effective immediately upon passage. 33 PASSED AND ADOPTED this 4th day of April, 2023. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Angela Cruz 42 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Thomas Turkin 46 47 Commissioner—Aimee Kelley 48 49 50 VOTE 51 52 53 54 ATTEST: 55 56 57 Maylee De Jes6s, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 Michael D. Cirullo, Jr. 64 City Attorney 65 66 S:ACA\RESO\Agreements\CBA Ratifications\UFF CBA 2023-26-Reso.docx Page 127 of 768 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC October 1, 2023, through September 30.2026 I r t Ratified by the Union: Ratified by the Commission: Page 128 of 768 ..................... Article l ...................... ....................................................................... l Article 2 .............2 Article 3 ---.----------.----_---.--_----..3 A[�C|f> 4 � .............---.---.--.-_--........4 Article5 .--_------------.---'_--_..--.--_--.5 Article .----------.---.--.--------6 Article ......-------.--------.---.--.-7 Article ----.----------_--_..--_---.-8 Article ....--.._--_---.—,'......,....,...,....----..l0 Article10 .............. ...................................................................ll Article ] ] ,.,.^.,,...........,.,,,,,,.]2 Article12 .....^.................^...—......l4 Article13 ............ .......... ............................................................l 7 Article 14 --_—..................,...----.--..--........lq Article 15 ..,......_...---.---.-------.---.---------..20 Article 16 ............................................................22 Article 17 --.--.------.-_--.-----.—_—.----..24 Article 18 --_--_-----.----..........,....—..----.—..26 Article 19 --_-----------------.--...—.,.29 Article 2O .--------.---.---_--...........--.----.—.�0 Article 21 ..,,,.........--.----.-_--.--.--------.....,�32 Article 22 ------.----------------------_---..33 Article 23 -------.....,.,.,.......,...—.-_--_..,...—...--34 Article 24 ---.------_-------.--.—...35 Article25 ........... ......... ......................................................................36 Article 26 .,..,......,........,,...........37 Article 27 ,,....._----- ........ 38 Article 28 --.-------_—.---.--------.-_40 Article 29 --------------_--_—.-----'4l Article 30 .-----..........._.....,....,.,.----.42 Article 31 .............................................................46 Article 32 .---.—...................,...._---.47 Article 33 _--_-----_----...-_-----.—_.48 Article 34 ._-------_--_--.---.------------52 Article35 .......... .................... .......................................................53 Article 36 ---.---.---------.--54 Article 37 -------_-----_-------------_----55 /\[�Clf} 38 ----------------'_--.--.--,.....56 Article 39 ..—.-----------.--------........57 Article 40 ..-----.----.--..-...—.....58 /\[tiC|e 41 .......................-----......----.6O Article42 .--- ..................................................................................... Article 43 ------------------.---.-------62 Article 44 —_-------.----------...—..63 Article 45 _................................ ..................... ....... --64 IMENIMEMINNIMESIMEME=1 Article 46 .......... ...........66 Article47 .....................................................................................70 Article48 ..............................................................................................71 Addendum „A„ .............................................................72 Addendum „B„ ..........................................................................85 Addendum „C„ ...........................—................................88 Addendum „p„ . ............................ ...........................................................89 ..... ..................................................................................90 Page 130 of 768 11 M This Agreement is entered into by the City of Boynton Beach, a municipal corporation (hereinafter referred to as the "City,") and the Boynton Beach Association of Fire fighters Florida Local 1891, of the International Association of Fire Fighters, (hereinafter referred to as the"Union,") which has as its purpose:The promotion of harmonious relations between the City and the Union; for the establishment of an equitable and peaceful procedure for the resolution of differences; the prevention of interruptions of work and interference with the operations of the City; to encourage and improve efficiency and productivity; to maintain the highest standards of personal integrity and conduct at all times; and the establishment of an entire agreement covering hours, wages, benefits, and terms and conditions of employment applicable to bargaining unit members. Therefore, in consideration of the mutual provisions and agreements contained in this Agreement, the City and the Union agree as follows: October 1, 2022-September 30, 2025 Union . City -- Page 131 of 768 INESEENNERIMININEEMENEM The City recognizes the Union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours, and terms and conditions of employment pertaining to the regular, full-time positions of Firefighter, Operator Engineer, Lieutenant, Captain, Battalion Chief, and Division Chiefs which require possession and maintenance of Florida Firefighter Certification and Florida Emergency Medical Technician Certification or Florida Paramedic Certification. 2 October 1, 2023-September 30, 2026 Union Cit Page 132 of 768 A. Neither the City nor the Union shall discriminate against any bargaining unit member in a manner prohibited by law based on race, age, religion, color, gender, gender identity or expression, sexual orientation, national origin, marital status, physical or mental disability, or any other unlawful factor. B. Alleged violations of this Article shall not be subject to the grievance and/or arbitration procedure established herein. C. No bargaining unit member shall be discriminated against, intimidated, restrained, or coerced in the exercise of any rights granted by this Agreement, or in the exercise of any Union and/or protected concerted activities. The sole remedy for charges in Article 3A is the filing of an Unfair Labor Practice (ULP). D. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management. 3 October 1, 2023-September 30, 2026 Union 6 - Cit Page 133 of 768 A. The City will deduct, once each pay period, dues in an amount certified to be current by the Treasurer of the Union from the pay of those bargaining unit members who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of one hundred dollars ($100.00) per contract year. B. Any bargaining unit members may revoke their dues deductions to withdraw from membership by forwarding their intentions to the Union Treasurer in writing. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. 4 October 1, 2023-September 30- 2026 Union CitY . Page 134 of 768 A. For the purpose of allowing officers of the Union or their designees to conduct Union business and attend Union functions, a Union Time Pool is established. Each contract year the City will credit the Union Time Pool with two hundred forty (240) hours of time to be used in increments of two (2) hours or more. B. Between September 1 st and September 15th of each contract year, four (4) hours of time shall be credited to the Union Time Pool from each union members accumulated vacation time and subsequently used permit designated Union representatives to attend Union functions. If a union member decided not to donate to the Union Time pool or chooses to donate more than four(4) hours, then that member must elect to do so by September l st of each contract year using the designated form in ' All donated time will be calculated and banked on an hour-to-hour basis. An accurate list of those bargaining unit members donating to this time pool shall be maintained by the Union President and the Fire Department's Administrative Payroll Associate; a copy of which will be provided to the Fire Chief. Only those bargaining unit members donating time shall be eligible to work in the absence of a Union Representative who is benefiting from this Article. It shall be the Union President's responsibility to coordinate with the Fire Chief (or Designee) the provisions of coverage and replacement of Union Representatives attending an approved function. C. All requests to use this time are subject to daily staffing requirements and must be submitted for approval by the Fire Chief (or Designee) at least forty-eight (48) hours in advance of the requested date of use. The on-duty Battalion Chief may consider verbal emergency requests by the Union President (or Designee). A maximum of four (4) Union Representatives may be allowed time off and each must follow departmental procedure when applying for time off using Union Time Pool hours. When scheduled use of Union Time Pool hours results in overtime for another bargaining unit member, the Union Time Pool will be charged at (drawn down by) time and one-half (1.5) so that a bargaining unit member's absence is cost neutral to the City. 5 October 1, 2023-September 30, 2026 Union City , Page 135 of 768 The membership of the Union shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1st. The President of the Union, or the person or persons designated by the Union President shall have full authority to conclude a collective bargaining agreement on behalf of the Union, subject to a majority vote of those bargaining unit members voting on the question of ratification. The Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position or association with the union, shall be deemed unauthorized, and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 7 6 October 1, 2023-September 30, 2026 Union City Page 136 of 768 a NINE The City shall be represented by the City Mana ps (, or a person or persons designated in writing to the Union by the City Manager. The person designated shall have full authority to negotiate a collective bargaining agreement on behalf of the City. The City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no authority or weight in committing or in any way obligating the City. w 7 October 1, 2023-September 30, 2026 Union Cy Page 137 of 768 A. Fire Rescue Operational Rules and Regulations: 1. Bargaining unit members shall comply with all Fire Rescue Operational Rules and Regulations, including those relating to conduct and work performance. The City may abolish, adopt, or amend Operational Rules and Regulations necessary for the safe, orderly, and efficient operation of the Fire Rescue Department. A Committee on Rules and Regulations is established for the Fire Rescue Department. This Committee is comprised of six (6) members: three (3) appointed by the City and three (3) members of the Union Executive Board. This Committee shall be charged with the duty of reviewing the published and proposed Fire Rescue Operational Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet as needed. 2. Except in instances of emergency situations, in which delaying a change would result in likely harm to others or impending liability to the City as a result of the exiting Rule or Regulation, the City will provide the Committee with at least fifteen (15) calendar days of prior notice, before the effective date of any changes to the department's Operational Rules and Regulations. Deviations from Operational Rules and Regulations required as a result of an emergency situation shall be reviewed by the Committee on Rules and Regulations within ninety (90) calendar days of the emergency. B. Modification of Conditions: 1. When the City intends to make changes to City or Departmental Administrative Rules or Regulations, Policies, or Guidelines, the City will provide written notice to the Union. The notice will include a description of the change and an implementation date,which shall be no less than thirty (30) calendar days from the date of notice. 2. If the Union believes that the modification constitutes a change to wages, benefits, or terms and conditions of employment, then the Union will have fifteen (15) calendar days from the date of notice to advise the City in writing that the Union is requesting pre-implementation or post-implementation impact bargaining. Such written request shall identify with specificity the manner in which the modification affects the rights of bargaining unit members. The request shall also include three (3) dates and times when the Union is available to meet with the City to discuss/bargain the modification. When bargaining is requested, it shall begin no less than five (5) calendar days following the Union's request and shall be concluded within thirty (30) calendar days following the first bargaining session. Unless otherwise agree ,to by the City and the October 1, 2023-September 30, 2026 Union Cit L _ Page 138 of 768 Union during their bargaining, the implementation date of change shall take effect as initially announced by the City,subject to the Union's right to continue impact bargaining. 3. This provision is not a waiver, restraint, or limitation on the City's Management Rights, including to unilaterally determined the purpose of its departments, to set standards of services to be offered to the public, and to exercise control and discretion over its organization and operations, nor is it a waiver, restraint, or limitation on the Union's right to bargain pursuant to Chapter 447, Florida Statute 9 October 1, 2023-September 30, 2026 Union City Page 139 of 768 A. Bargaining unit members are regularly scheduled to work twenty-four (24) hour shifts and may be referred to in this Agreement as "shift" members. A shift schedule for the term of this Agreement is defined as follows: 1. An average of a forty-two (42) hour work week with one (1) shift on duty and three (3) shifts off duty with no Kelly day, commonly referred to as a 24/72 schedule. The shift on duty is from 7:30 a.m. (0730) to 7:30 a.m. (0730) the following day. B. Bargaining unit members promoted to the position of Division Chief will have a schedule consisting of one (1) 24 hour shift and two (2) 8 hours shifts per week or as directed by the Deputy Chief and in an agreement between the Fire Chief and Union President C. Bargaining unit members assigned by the Fire Chief (or Designee) on a temporary basis to an alternate schedule in order to accomplish special projects or special assignments, may be placed on a forty (40) hour workweek;the members payrate shall not be adjusted: however, the City will provide up to: 1. Two (2) hours (0.4 hours per day, not to be fractionalized) of straight time in each workweek so that the members who are working forty (40) hour weekly schedule will have the opportunity to maintain forty-two (42) hours of pay in the workweek. 10 October 1, 2023-September 30, 2026 Union City Page 140 of 768 A. Bargaining unit members may be needed at any time to fight fires and/or render emergency medical care, and, to do so effectively, they need to be constantly prepared. They must be ready to respond immediately to calls for service. Continual training and equipment maintenance are required to ensure that the desired response effectiveness is attained. B. The Union supports and participates in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs, which have as their goal, the increased efficiency of the City's fire protection and emergency medical service. C. Bargaining unit members will perform routine station maintenance. Routine station maintenance is defined as any type of maintenance that is required to be done on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles, and safety equipment. 11 October 1, 2023-September 30, 2026 Union City Page 141 of 768 A. The City provides Fire Rescue Department personnel with uniforms, on an as- needed basis based on availability. The initial uniform allocation includes - Class "A" uniform, uniform shirts, uniform pants/shorts, ball caps, T-shirts, Belt, gym shorts, work jackets, job shirts, and patches as needed. Current placement of patches will apply. B. Each bargaining unit member will receive a shoe allowance in the amount of one hundred seventy-five dollars ($175.00), less applicable taxes, in the second paycheck in January. Bargaining unit members are required to wear shoes/boots that comply with department safety and uniform guidelines set forth in a Fire Department Policy. C. Uniforms, excluding initial allocations, may be acquired on an "as-needed" basis through an allowance allotment system. Each fiscal year of this contract, bargaining unit members shall receive up to four hundred dollars ($400.00) worth of uniforms, excluding shoes/boots. D. Initial allocations of uniforms, excluding shoes/boots, will be provided to bargaining unit members as determined necessary by the Fire Chief (or Designee). E. The City shall provide members of the Technical Rescue and Dive Teams with any specialized uniform(s) and personal protective equipment (PPE) needed to perform the functions of those respective teams. F. All Personal Protective Equipment (PPE), as outlined in the Fire Rescue Department regulations, shall be furnished as necessary to bargaining unit members by the City. The title to such equipment shall remain with the City, with the exception of a bargaining unit member who has retired, who has the option to keep his/her badges and structural helmet. If standards of fire-fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If a Firefighter needs a replacement of fire-fighting Personal Protective Equipment, (s)he shall submit such request in writing through the chain of command. The Fire Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall promptly initiate the replacement of the item. The City shall notify the bargaining unit member of the approximate time the replacement item will arrive and will notify the member if the arrival will be delayed due to extenuating circumstances. G. The City will arrange for the repair or replacement of a bargaining unit member's uniform or work clothing that is damaged, at no fault of the member, during the member's performance of his/her job duties. In such instances, the facts and circumstances must be documented at the time of the incident. 12 October 1, 2023-September 30, 2026 Union City W_ Page 142 of 768 H. Damage to items such as prescription optical aids and dentures are considered "injuries" through Workers' Compensation only when the damage is shown to be part of, or in conjunction with an accident, in which the damage specifically occurred as the result of an accident in the normal course of employment. In such instances, the facts and circumstances shall be documented on a Supervisor Incident Report (SIR) with a copy to Risk@bbfl.us within forty-eight (48) hours of the incident. Otherwise, the City is not responsible for the loss or damage to a bargaining unit member's personal property, which (s)he elects to wear, carry, bring to, or leave at work. I. Bargaining unit members may be responsible for expenses incurred in replacing lost, misplaced, and/or damaged safety gear and/or clothing due to personal negligence or intentional misuse, which is subject to review and recommendation to the Fire Chief by the Labor-Management Team. J. Bargaining unit members promoted to the position of Battalion and Division Chief shall receive a monthly cell phone in accordance with the City's Cell Phone Allowance Policy. K. All Fire Rescue department-issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental sanctioned events as determined by the Fire Chief. L. Division Chiefs shall be provided a take home vehicle , equivalent to the executive package of the Deputy Fire Chief. 13 October 1, 2023-September 30, 2026 Union °_ City Page 143 of 768 A. Phvsical Evaluation: 1. Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an annual occupational fitness evaluation as scheduled, which is conducted in accordance with the standards set forth in the most current edition of N.F.P.A. 1582 and as adapted and approved by the Labor-Management Team. Bargaining unit members will schedule this annual occupational exam on a seniority basis through the Fire Department's designated Administrative personnel. This annual evaluation is mandatory. The evaluation is performed off duty with compensation equaling three (3) hours at a rate of one and a half (1.5) times the bargaining unit member's hourly rate of pay. 2. It is the responsibility of the bargaining unit member to ensure that this annual physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" are completed in a timely manner and as scheduled. Efforts will be made to allow for the scheduling of this follow- up testing to be performed on duty. 3. Failure to attend, and/or participate in the annual occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. 4. For the term of this Agreement, the City will contract with a qualified medical provider to perform the annual occupational fitness evaluation. October 1, 2024 through September 30, 2026 the City intends to use LifeScan as its provider for these services; however, the actual provider may be modified by mutual agreement between the Fire Chief and Union President. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly maintained in the employee's confidential medical file, which is separate from the employee's personnel file. Further, an employee who was found to be "unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. 14 October 1, 2023-September 30, 2026 Union City �k Page 144 of 768 B. Immunizations: 1. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted pursuant to Florida Statute 112.181, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service, the City may require bargaining unit members to undergo the immunization or prophylaxis unless the member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member's health. Absent such written declaration, failure or refusal by a bargaining unit member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption that the communicable disease was contracted while on duty. 2. The City will reinstate a member's leave time taken for recovery if that member contracts a disease that is covered under a Declaration of Emergency by the State of Florida and the member is vaccinated against such disease, if such vaccination exists. In order to receive reinstatement of time, proof of contraction (in the form of a Lab Result from a medical facility) must be submitted to Human Resources and Risk Management by email to: 3. The City shall provide an immunization schedule during the term of this Agreement for all members as a means of protection from the following: i. Hepatitis-Type B: Offered to all bargaining unit members. Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. ii. Hepatitis-Type A: Offered to all bargaining unit members. Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. iii. The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. iv. The City shall offer immunizations that are approved by the Federal Drug Administration and are readily available for any disease that is under a Declaration of Emergency by the-State of Florida. 15 October 1, 2023-September 30, 2026 Union City 1:1_1_ _ Page 145 of 768 C. Exposures: 1. It shall be mandatory for the City to notify the bargaining unit member when documentation exists that the bargaining unit member was significantly exposed to a communicable disease in the line of duty only after such documentation is brought to the attention of the City. Certain exposures, pursuant to Florida Statute 1 12.181 (2), shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the member must, by written affidavit as provided in Florida Statute 92.50 must verify information in such written declaration. L 16 October 1, 2023-September 30, 2026 Union City Page 146 of 768 A. Medical, Dental. and Vision: 1. The sole medical benefit plan available to bargaining unit members is a High Deductible Health Plan (HDHP). The premium cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid for all bargaining unit members while employed by the City. Bargaining unit members will pay the full cost of HDHP medical, dental, and vision insurance for their dependents. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their medical plans. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. 2. Types of coverage currently in effect during a plan year shall not be reduced during that same plan year. The Union may designate one (1) bargaining unit representative to participate on the evaluation committees for any RFPs related to employee group medical insurance. B. Plan Year: 1. One L, : October-L-2023-September 30, 2024 2. Two (Z: October 1, 2024-September 30, 2025 3. Three(3): October 1, 2025-September 30, 2026 i. HSA Contributions: • The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account (HSA) on the first full paycheck date following January 1 st of each Plan Year. • In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City before October 1 st of the current Plan Year. ii. Leave Time Conversion to HSA: • The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For each Plan Year, this conversion can be done at the following times: a. January 11t - January 31St of each Plan Year (any amount up to an annualized total of$1,000.00). b. April 1 st -April 30th of each Plan Year (any amount up to an annualized total of $1000.00). 17 October 1, 2023-September 30, 2026 Union City Page 147 of 768 INIMMINMEWAIMEMMIREMIUMM c. For purposes of this Article, "annualized" means plan year/contract year/fiscal year October 1St through September 30th of each Plan Year. C. New Hires: 1 . Bargaining unit members hired on or after October 1 st of each Plan Year, and who elect to be covered on the City's medical insurance, will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through the month of September for each Plan Year. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. D. Life Insurance: 1. Bargaining unit members are provided with a fifty thousand dollars ($50,000) term life and accidental death policy with the premium paid by the City. 2. In the event a bargaining unit member is killed in the line of duty as per F.S.S. 112.191 (2)(f), as amended from time to time, or suffers a catastrophic injury, as defined in F.S.S. 440.02(37), as amended from time to time, and provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or partially or totally disabled as provided for in F.S.S. 112.18, as amended from time to time, the City shall pay the entire COBRA premium for the member, spouse (until remarried) and/or dependents (until the end of the calendar year in which the dependent child reaches age 26) who elect to continue on the City's medical, dental, and/or vision plans. I 18 October 1, 2023-September 30, 2026 Union CityY -�' P Page 148 of 768 A. The City will provide a bargaining unit member with a legal defense when a bargaining unit member is listed as a defendant in a civil action, provided the bargaining unit member was acting within the scope of employment at the time of the act or omission, which is the subject of the action accused. The scope of the City's responsibilities is as set forth in Florida Statutes 1 1 1 .07 - Defense of civil actions against public officers, employees, or agents. The City will not provide a defense to an employee acting outside the scope of his/her employment who is charged with a criminal action. B. Bargaining unit members who volunteer their off-duty time to participate in City- authorized events may be covered under Article 14A if a situation arises in which an off-duty bargaining unit member was required to render job-related emergency services while volunteering at the City-authorized event.. 19 October 1, 2023-September 30, 2026 Union City(i`_r'V' _ Page 149 of 768 A. Effective October 1, 2023, the charts in Addendum "D" contain the step plan in effect for bargaining unit members. B. Bargaining unit members who are eligible for Assignment Pay pursuant to Article 27 will have the corresponding amount(s) added to their base hourly rates of pay, which is considered wages. Paramedic Pav $4.57/hour Technical Rescue $0.91/hour (Team Member) Dive Rescue $0.91/hour (Team Member) Dual Certified $1.37/hour (TRT&Dive Team Member) Special Operations Manager $0.47/hour (Personnel authorized by Fire Chief) TRT Coordinator $0.47/hour (Personnel authorized by Fire Chief) Dive Coordinator $0.47/hour (Personnel authorized by Fire Chief) TRT_,Leader $0.47/hour (Personnel authorized by Fire Chief) Dive Leader $0.47/hour (Personnel authorized by Fire Chief) Rescue Bid Assi nment $0.91/hour Secig,l_„Pro'ects,,,,P,ay $0.91/hour (Personnel authorized by Fire Chief Reference Article 27) Instructor Pav $50.00/hour (Oct 2023) $51.50/hour (Oct 2024) (Off-Duty Instruction Reference Article 27) $53.05/hour (Oct 2025) 20 October 1, 2023-September 30, 2026 Union l City Page 150 of 768 Magi= C. The table in Addendum "D" will be used as an administrative guide to wage adjustments and/or promotions through the ranks. 1. Guideline percentage rate increases for Career Ladder promotions: a) Firefighter to Operator Engineer......................5% b) Operator Engineer to Lieutenant...................10% c) Lieutenant to Captain....................................5% d) Captain to Battalion Chief..............................5% e) Captain to Division Chief ..............................10% f) Battalion Chief to Division Chief.......................5% 2. A member's regular hourly base rate must always be in an existing "step" rate pursuant to Addendum "D." Due to the starting step rate, rounding, and ending calculated rate with promotional percentage applied, the actual promotional percentage may deviate from the guideline above in order to ensure members are placed into the appropriate "step" upon promotion. D. Step Plan: 1. Each bargaining unit member will be placed into the step associated with their years of service in his/her rank and will receive the corresponding hourly rate of pay for the following Plan Years: a. Year One (1�: October 1_, 2023-Septem,ber,30, 2024 step on anniversary. b. Year Two (2). October 1,, 2024-Se tember 30. 2025 step on anniversary. c. Year Three (3i: October 1 2025-September 30, 2026 step on anniversary. 2. The Step Plan shall receive a three percent (3%) cost of living increase on October 1 st of each year of this agreement. 3. Years of service (Reference to the Pay Plan) - Defined as total years completed as of the individual's anniversary date. 4. Bargaining unit members who are at the maximum step (year 14 of any position) will receive compensation in a lump sum payment equal to four percent (4%) of his/her current annualized step. 21 October 1, 2023-September 30, 2026 Union Cit Page 151 of 768 A. Callback: 1. Call Back is defined as any time a bargaining unit member is called into work when (s)he is off duty, or when the work time is not contiguous with the member's shift. In the event of Call Back, the bargaining unit member shall be paid for the actual time worked but not less than two (2) hours at a rate of pay one and a half (1.5) times the member's hourly rate inclusive of Certification Assignment Pay. The procedure for Call Back will be in accordance with Labor-Management Team guidelines. The Fire Chief can waive the above provisions for operational purposes. B. Overtime: 1. Overtime is defined as any time a bargaining unit member is required to stay longer than his/her assigned 24-hour shift by his/her officer. Overtime shall be paid at the rate of one and one-half (1.5) times the bargaining unit member's hourly rate inclusive of Certification Assignment Pay. Bargaining unit members who are in a duty status less than fifteen (15) minutes either before their shift or after their shift will not be eligible for overtime pay. Bargaining unit members who are in duty status for fifteen (15) minutes or more either before their shift or after their shift must be so only with their officer's approval in order to be eligible for overtime pay at the overtime rate. C. Mandator:: 1 . Mandatory is defined as anytime a bargaining unit member is forced to stay due to a shortage of personnel so not to affect minimum staffing levels and services to the City set by the Fire Chief. The procedure for Call Back will be in accordance with Labor-Management Team Guidelines. The Fire Chief can waive the above provisions for operational purposes. Overtime shall be paid at the rate of one and one-half (1.5) times the bargaining unit member's hourly rate inclusive of Certification Assignment Pay. D. EducationReguirements: 1. Efforts are made to offer classes for renewing certificates on shift schedules. When these classes are offered on a shift schedule, and a bargaining unit member elects to attend classes outside of the shift schedule, (s)he will not be compensated. Additionally, bargaining unit members who attend classes that are not required by the Fire Chief (or Designee) will not be compensated. 2. Training Classes deemed essential by the Fire Chief and missed due the use of Exchange of Time, Vacation Day, Sick Day, or Scheduled Sick Day shall be made up on specified make-up days or on the employee's own personal time. 22 October 1, 2023-September 30, 2026 Union City Page 152 of 768 E. Eligibility: 1 . No bargaining unit members shall be eligible for overtime or Call Back following the use of twelve (12) hours or more of sick leave, Administrative, non-paid leave, or FMLA leave until they have reported to work for at least one (1) regularly scheduled twenty-four (24) hour shift. 23 October 1, 2023-September 30, 2026 union 12. City Page 153 of 768 A. Bargaining unit members may exchange their working shift(s) and exchange their off-duty day(s) with other bargaining unit members in accordance with the following provisions: 1. The exchanging members shall assume responsibility for the exchange of time, including step-up pay. 2. The shift officers of the exchanging members shall not permit the exchange if it affects the normal operation of work, if Call Back is required, or if step-up pay is required. 3. Exchanges of time shall require at least twenty-four (24) hours of notice to the Battalion Chief, except in the event of an emergency to the bargaining unit member, when the exchange of that bargaining unit member does not affect the normal operation of that shift(s). 4. Exchanges of time submitted prior to eight (8) weeks (fifty-six (56) calendar days) in advance will be tentatively approved. On the fifty- sixth (561") calendar day in advance of the scheduled exchange of time, the exchange of time will automatically receive final approval unless the bargaining unit member has been notified of a necessary cancellation. Any cancellation of an exchange of time will be in writing and received by the affected bargaining unit member prior to the fifty- six (56) daytime frame. 5. No bargaining unit member may monetarily compensate another bargaining unit member for an exchange of time. 6. No bargaining unit member shall "owe" or be "owed" more than three hundred sixty (360) hours at any given time. 7. Exchanges of time totaling more than three (3) consecutive shifts shall not be used to circumvent any FMLA or ADA regulations. 8. No bargaining unit member will be allowed to request leave (vacation, compensatory time, or personal time) when scheduled to work as a result of an exchange. (Excepting: Day-of vacations, the exchanging member may request a day, but preference shall be given to any normally scheduled member.) NI 24 October 1, 2023 September 30, 2026 Union 675 City Page 154 of 768 B. Excha.n es of Time Amon�gLRanks: 1. For the purposes of this Article, the ranks of Firefighter and Operator Engineer shall be referred to as"Firefighters". Lieutenants, Captains, and Battalion Chiefs shall be referred to as "Officers." i. Firefighters may only exchange time with other Firefighters, with the exception of a Firefighter (step-up qualified) and Operator Engineer (step-up qualified) who may also exchange time with a Lieutenant providing the following: - The City will not incur any costs of step-up pay (Working out of Classification) for an exchange between Firefighter O/E's and Lieutenants. ii. Officers may only exchange time with other Officers as identified in the departmental Standard Operating Guidelines and with the exception stipulated in Article 17B. w25 October 1, 2023-September 30, 2026 Union Ci Otl Page 155 of 768 A. Accruals: 1. Bargaining unit members shall accrue sick leave at a rate of twelve (12) hours per month (5.54 hours per pay period) for a total annualized accrual amount of one hundred forty-four (144) hours. No bargaining unit member shall be entitled to use sick leave in excess of the amount of accrued and unused hours (s)he has available. There is no cap on the accumulation of sick time. B. Notice of Use of Sick Hours: 1. Unscheduled Sick: A bargaining unit member shall notify the on-duty Battalion Chief (or Designee) and submit the request through the electronic scheduling software, in a manner provided for by management, of his/her illness no later than 0700 hours, before the start of his/her scheduled shift. 2. Scheduled Sick: A bargaining unit member may request with a minimum of seventy-two (72) hours of advanced notice to use scheduled sick hours for a full shift for personal health, medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay code must be provided to the Fire Chief (or Designee) within fifteen (15) calendar days of the use of time. Unsubstantiated use of such time will result in the time being re- coded to "sick." Scheduled Sick may not be utilized on weekends, on the shift before, on the shift of, or on the shift after a City-observed holiday. C. Documentation Reauired: 1. For any use of sick time in excess of two (2) consecutive scheduled shifts or sick occurrence before, on, or after a Federally Observed Holiday, Vacation Day, Scheduled Swap, or a Scheduled Sick Day, a bargaining unit member is required to provide written medical certification to the Deputy Chief upon return to work. Failure to do so will result in Disciplinary Action. 2. Sick hours may be requested and/or utilized upon approval of the Fire Chief (or Designee) for the following reasons: i. Quarantine due to exposure to contagious disease. ii. In connection with a member's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. iii. In connection with an approved Family and Medical Leave Act (FMLA) leavi ; r a serious medical 26 October 1, 2023-September 30, 2026 Union City y_ Page 156 of 768 condition of the member, or the member's immediate family member, as defined in (FMLA). D. Bonus Hours for Unused Sick Time: 1 . For every consecutive six (6) month period elapsing since the bargaining unit member's last sick occurrence, excluding scheduled sick, the bargaining unit member will receive twenty-four (24) hours of vacation time. E. Pa out of sick Leave: 1 . Bargaining unit members who have more than two hundred forty (240) hours of sick leave as of April 1 st of every Plan Year may request to transfer (no later than April 1 St) up to one hundred (100) sick leave hours to vacation leave hours, provided that accumulated sick hours do not fall below two hundred forty (240) hours as a result of the transfer. Transfer of this time will be credited to the bargaining unit member's vacation bank during the month of April. 2. Bargaining unit members will have payment made for their accrued and unused sick hours, at a fifty (50%) percent payout, upon resignation, termination, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the Pension Plan). F. Return to Shift: 1. Bargaining unit members who call in sick, may return to work during the remainder of their shift if they feel capable of performing their work duties and are not contagious. A member who returns to work after calling in sick prior to the start of shift must use twelve (12) hours of sick leave and return at 1930 hours. Members who leave work during shift due to any usage of sick time must remain out for the remainder of the shift. G. Exhaustion on Sick Time: 1. Bargaining unit members who have exhausted their accumulated sick leave and are still unable to return to work, may use accrued and available vacation leave. Members must make such requests to the Fire Chief,. H. Use of Sick Time: 1. In the case of a prolonged, serious illness of the bargaining unit member or an eligible family member, a bargaining unit member shall apply for FMLA as provided for in City policies. The City may designate any qualifying leave 27 October 1, 2023-September 30, 2026 Union City Page 157 of 768 b WE as FMLA in accordance with the law. Bargaining unit members requesting this family sick provision for other than an immediate family member shall provide Human Resources with verifiable proof of primary care giver status prior to the use of this provision. I. Donating Sick Time: 1. Sick leave donations may be requested and used in accordance with City policy as amended from time to time. J. Disincentives: 1. Operational Personnel who have four (4) or more sick leave* occurrences in a calendar year shall be subject to disincentives actions as follows: 2. Bid disincentives of loss of bid assignment and/or bid right will take effect the following bid cycle. i. 4th Occurrence - Loss of Day-of leave ii. 5th Occurrence - 4th occurrence disincentives, loss of overtime, loss of bid assignment, iii. 6th Occurrence - 5th occurrence disincentives, special performance evaluation, loss of bid right and any corresponding assignment pay iv. 7th Occurrence - 6th occurrence disincentives, disciplinary action up to termination * Any absence under this Article, except for approved FMLA, Military Leave, ADA Leave or scheduled sick, shall be considered an occurrence as determined by the Fire Chief. An occurrence shall be defined as working less than one-half (1/2) of the hours of the employee's normal shift, or any combination of occasions of sick leave utilization which, when combined, total one-half (1/2) of the employee's normal shift, with or without an excuse (i.e., four (4) occasions of three (3) hours shall equal one (1) occurrence. tti 28 October 1, 2023-September 30, 2026 Union ( . Cit ,... Page 158 of 768 A. In the event of the death of a family member of a bargaining unit member, the member shall be granted one (1) shift day leave on a day of the member's choosing within thirty days (30) of the death. B. "Family member" is defined as the bargaining unit member's spouse, , mother, father, stepfather, stepmother, parents of their spouse, foster parents, foster child, stepchild, mother-in-law,father-in-law,son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, spouse's grandparents, grandchildren, brother, sister, son, daughter, stepbrother, stepsister, niece, or nephew. The term Spouse and Domestic Partner shall be viewed as the some when pertaining to this article. 1. Registration of a domestic partner through the city must be approved and in place prior to the request of compassionate leave. C. Bargaining unit members utilizing this Article are responsible for providing a verifiable written notice of death (i.e., obituary or copy of death certificate), to the Fire Chief, within thirty (30) calendar days of the last date of compassionate leave. Failure to do so will result in the rescission of previously paid leave. 29 October 1, 2023—September 30, 2026 unions City�) Page 159 of 768 11111101MINEENNINNIMMORM A. The following plan outlines the vacation leave policy for bargaining unit members. B. Vacations will be picked on a seniority basis and can be taken in increments of twelve (12) or twenty-four (24) hours, one shift at a time. C. Each bargaining unit member shall earn vacation leave, accumulated in hours, for each full year of continuous service as outlined below. Vacation will be accrued in accordance with the following schedule: • DOE until 1 It Anniversary.......................................104 Hours (4.00 hours per pay period) • Beginning of 2nd year until 4th Anniversary..............125 Hours (4.81 hours per pay period) • Beginning of 5th year until 8th Anniversary...............146 Hours (5.62 hours per pay pe(od) • Beginning of 9th year until 11 th Anniversary..............167 Hours (6.42 hours per pay period) • Beginning of 12th year until 15th Anniversary.............188 Hours (7.23 hours per pay period) • Beginning of 16th year until 19th Anniversary.............209 Hours (8.04 hours per pay period) • Beginning of 20th year and after..................... ......230 Hours (8.85 hours per pay period) D. In computing vacation leave earned, no increments will accrue for any twenty- one (21) day work period that includes four (4) or more days of leave of absence without pay. E. Bargaining unit members may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue above the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum as of September 30th of each year will be forfeited, except for vacation hours earned during those fiscal year of this Agreement pursuant to Article 18D (Bonus Hours for Unused Sick Time). w 30 October 1, 2023-September 30, 2026 Unions City Page 160 of 768 F. For special 'one time" type of events, bargaining unit members will be allowed to accumulate more than two years earned accrued vacation with the prior approval of the Fire Chief (or Designee). Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3) years earned vacation. Example: A bargaining unit member may accrue twelve (12) shift days in two (2) years. The bargaining unit member requests two (2) additional days beyond the maximum. The member must submit his/her request for the two (2) additional days four (4) months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14 days. G. Bargaining unit members requesting vacation time on the same day may be approved, on a seniority basis at the time of request; however, it will not be approved if the issuing of the vacation time results in Call Back, Overtime, or Mandate. 31 October 1, 2023-September 30, 2026 Union .: City Page 161 of 768 A. Bargaining unit members may request to use his/her vacation time or compensatory time at a minimum of two (2) hours and at a maximum of twelve (12) hours, providing those hours are not fractionalized, for personal reasons while on duty. B. This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Fire Chief (or Designee). C. Efficient/normal operating levels shall be determined by minimum staffing as determined by the Fire Chief. D. Seniority will be a factor in granting personal use of vacation time requests prior to 0730. Thereafter, documented time-stamped requests submitted at or after 0730 are considered in the order of receipt: on a first come, first serve basis. Process will be managed through the electronic scheduling software. Verbal requests are not considered. No grievance procedures are available to any member regarding Article 21 D. 32 October 1, 2023-September 30, 2026 Union City Page 162 of 768 A. The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, and Christmas Day. The Union agrees to waive bargaining over the inclusion of any additional holidays declared by the City during the term of this Agreement. B. Bargaining unit members who are in an active status on the date of a City observed holiday will receive twelve (12) hours of pay at straight time. C. Bargaining unit members may elect to defer the payment in Article 22B for all of the holidays in Article 22A as Holiday Pay, at straight time, for which payment will be disbursed in the last paycheck in September. 1. Members must initiate an electronic form no later than October 15th. If an e- form is not received for a member by the deadline, the member forfeits his/her right to defer Holiday Pay for that year of the Agreement. 33 October 1, 2023-September 30, 2026 Union �- City Page 163 of 768 RNMEEMMENIMEMINIMEMIMM A. Any bargaining unit member who is summoned or subpoenaed to appear in a court of law, while off duty, as a result of his/her employment as a bargaining unit member, will be paid for his/her court time at the rate of one and one-half (1.5) times his/her current hourly rate, excluding travel time, provided the Fire Chief is given prior notification so that the Fire Chief has the opportunity to schedule such appearance during regular duty hours. The bargaining unit member will receive a minimum of three (3) hours pay, and the member shall return all fees received from the Court to the City. This Section does not apply when the bargaining unit member is required to appear on a day that they are on duty. B. A bargaining unit member who is required by a court of law to appear for jury duty during a day when they are on duty shall return all fees received from the court to the City, excluding travel expenses. The bargaining unit member shall notify the Battalion Chief through his/her Chain of Command upon receipt of a summons for jury duty. C. A bargaining unit memberwho has been instructed to remain on standby for court appearance pursuant to Article 23A during the member's off-duty hours shall be paid one-half (0.50) the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When a bargaining unit member is required to standby for eight (8) hours, the bargaining unit member shall receive four (4) hours plus one (1) additional hour at straight time. If a bargaining unit member does go to court (s)he will be paid for the court time indicated in Article 23A and will not receive any standby time pay. 34 October 1, 2023-September 30, 2026 Union s City Page 164 of 768 A. A bargaining unit member who is assigned the duties and/or responsibilities of a range above his/her current classification will be compensated an additional five percent (5%) of his/her hourly rate per rank for working out of classification, with the exception of working as a Lieutenant, in which case the Firefighter shall be compensated an additional fifteen (15%) of his/her hourly rate, and in which case the Firefighter O/E shall be compensated an additional ten percent (10%) of his/her hourly rate, except during the use of Exchange Time pursuant to Article 17 When assigned, the bargaining unit member shall accept the duties and responsibilities of the position. In the absence of the Captain position assigned each day, one (1) qualified Lieutenant will be assigned to step up for the shift. B. Higher classification assignment for acting Firefighter O/E, Lieutenant(s) and Captain(s) shall be made on a rotating basis. All assignments shall be logged as part of daily permanent records. Assignments will not be changed to intentionally avoid payment. 1 . First, eligible members for acting Firefighter O/E, Lieutenant and Captain assignments shall be chosen from the most current promotional eligibility list with respect to assigned shift(s). This provision is effective following ratification and upon the establishment of the Lieutenant eligibility list and of the establishment of the Captain eligibility list respectively. 2. If no one is available pursuant to Article 24B then eligible members for acting Lieutenant and Captain assignments shall be qualified by the Department's Training Division. C. Higher classification assignment for an acting Battalion Chief shall be determined by the Fire Chief or their designee and consult with the assigned Battalion Chief. 1. Eligible members for an acting Battalion Chief assignment shall be chosen from the most current promotional eligibility list with respect to assigned shift(s). 2. If no one is available pursuant to Article 24C, then eligible members for acting Battalion Chief assignments shall be qualified by the Fire Chief or designee with those holding a valid State Fire Officer II certification being given first preference are eligible for an acting Battalion Chief assignment. �� 35 October 1, 2023-September 30, 2026 union City Page 165 of 768 A. Non-probationary bargaining unit members are permitted to attend schools or classes for Career Ladder requirements while on duty, using personal time, as defined in Article 21, for the purpose of obtaining the education required for advancement or the updating of skills and knowledge, provided that such leave will not reduce the manpower of any shift below acceptable limits or result in overtime, as determined by the Battalion Chief. Reimbursement rates are set and published each fiscal year by the Fire Chief (or Designee) and are not intended to exceed Florida In-State tuition rates. Course selection and attendance must be pre-approved by the Fire Chief. B. The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program, which is attached as Addendum "C". The provisions of this Section and Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses (other than those specified as required for Career Ladder advancement). For the term of this Agreement, Tuition Assistance is funded at twenty-five thousand dollars ($25,000) per fiscal year. C. The City may provide an opportunity for sending bargaining unit members to approved out-of-town training classes, subject to budgeted funds. A list of classes will be posted so each bargaining unit member has the opportunity to request classes of his/her choice. Approved City travel pay is in accordance with City policy. D. Bargaining unit members are allowed to use on-duty time,without loss of vacation time, for classes necessary to remain certified in their current classification, or for classes required by the City. E. Training Classes deemed essential by the Fire Chief and missed due to the use of Exchange of Time, Vacation Day, Sick Day, or Scheduled Sick Day shall be made up at on specified make-up days or at the employee's own personal time. 36 October 1, 2023-September 30, 2026 Union City 9 Page 166 of 768 A. Bargaining unit members are eligible for a monthly education supplemental compensation payment not to exceed the supplemental compensation limits set forth in applicable Florida Statute, FSS 633.422, as amended from time to time, and the corresponding regulations in the Florida Administrative Code. B. The City will match the supplemental compensation payment as provided in Article 26A. C. In the event that the supplemental compensation payment, as referenced in Article 26A, is discontinued or adjusted for any reason, the City's contribution will not change and will remain consistent with the amount provided throughout the term of this Agreement. 37 October 1, 2023-September 30, 2026 Union ( "` City Page 167 of 768 NEEMEOFMONEEN00=1 A. Bargaining unit members holding a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and Medical Director will receive an additional $4.67 per hour as stated in Article 15-Wages. 1. A bargaining unit member holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform the duties as assigned by the Fire Chief and Medical Director, but who is inactivated as an active Paramedic, either by choice or administrative direction, and who is not on assignment as a Paramedic by the Fire Chief,will no longer receive the Paramedic Assignment Pay. B. Bargaining unit members regardless of medical certification level who voluntarily bid or are assigned to a permanent seat position on a rescue unit will receive Assignment Pay as stated in Article 15-Wages. Members may lose this incentive per Article 18J. C. Bargaining unit members selected to serve as Technical Rescue Team (TRT) members in accordance with criteria set forth by the Department and who perform TRT duties as assigned by the Fire Chief will receive Assignment Pay as stated in Article 15 - Wages. D. Bargaining unit members selected to serve on the Dive Rescue Team in accordance with criteria set forth by the Department and who perform Dive Team duties as assigned by the Fire Chief will receive Assignment Pay as stated in Article 15-Wages. E. Bargaining unit members selected to serve on both the TRT/Dive Rescue Team in accordance with criteria set forth by the Department and who perform dual duties as assigned by the Fire Chief will receive Assignment Pay as stated in Article 15 - Wages. Bargaining unit members eligible for Assignment Pay under this Section are not entitled to Assignment Pay listed in Sections C and D. F. Bargaining unit members selected to serve as Special Operations Leadership for the Teams in accordance with criteria set forth by the Department and who perform leadership duties as assigned by the Fire Chief will receive Assignment Pay as stated in Article 15-Wages. G. Bargaining unit members selected to serve on Special Projects in accordance with the criteria set forth by the Fire Chief will receive Assignment Pay as stated in Article 15-Wages H. At any time, a bargaining unit member is no longer certified or is inactivated, either by choice or administrative direction, (s)he will no longer receive the corresponding Assignment Pay. 38 October 1, 2023-September 30, 2026 Union Cite° + Page 168 of 768 I. Bargaining Unit members selected to serve as an instructor while off-duty for the department shall receive an hourly rate set forth in Article 15 Wages, in leu of overtime. The Bargaining Unit members shall not receive Instructor pay if the member is assigned to Light-duty or on FMLA, Workers Comp, Vacation, or Sick Leave. The Fire Chief may wave the above hourly rate and approve Comp Time as referenced in Article 38-Comp time. µ 39 October 1, 2023 September 30, 2026 Union City Page 169 of 768 A. The City shall pay the fee for any license required by the City for employment purposes, such as EMT renewals or certificates. B. In the event of any changes required by law regarding driver's license requirements for firefighters, the City and Union agrees to reopen this Article for negotiations. . 40 October 1, 2023-September 30, 2026 Union City Page 170 of 768 A. The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1 st of each year and within ten (10) calendar days of any change in membership. Such list shall be posted thereafter on the bulletin board at each Fire Station and shall be considered correct unless objection is raised within thirty (30) calendar days of the posting. After thirty (30) calendar days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. B. A bargaining unit member's seniority is established from the date of employment by the City of Boynton Beach Fire Rescue Department. If two (2) or more members are employed on the same date, the seniority standing shall be determined by the member's Fire Rescue Department ID number. The lower the ID number, the higher the position on the seniority list. C. Layoffs and staffing cutbacks for bargaining unit members shall be determined by the seniority list. The bargaining unit member with the highest fire department employee number on the seniority list will be laid off first and so on down the list. In the event of layoffs and/or cutbacks, the City agrees to notify the Union President in writing, no less than fifteen (15) calendar days prior to said action. Bargaining unit members who are laid off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e., last laid off will be first recalled. No employees will be hired into any bargaining unit classification while a laid off member has recall rights. D. Time-in-grade is defined as the length of time the employee has been continuously employed at a particular rank and/or position as an FF, OE, Officer, Step-up qualified, and/or on a specialty team (TRT and/or Dive). Promotional or assignment to a specialty team email, EAR, payroll record, and/or the date of the members last required certification course date will serve as the time stamp. If two (2) or more employees share the same time-in-grade, then their seniority number will establish their order unless a Promotion Test Score exists in which the test score will represent their time-in-grade. Time-in-grade will be used for all Bids and/or any type of rank-specific selections. 41 October 1, 2023-September 30, 2026 Unions City Page 171 of 768 A. Budgeted promotional vacancies approved to be filled by the City Manager, will be announced within thirty (30) calendar days and selections will be made from the appropriate established eligibility list. B. Minimum requirements for promotion eligibility are outlined in Addendum "B" (Career Ladder). In order to be eligible, a candidate must meet the minimum requirements of the desired position as of the specified closing date of the posting (last date/time applications will be accepted). C. The establishment of eligibility lists for the rank of Operator Engineer (OE). Promotional processes for the position of Operator Engineer (OE) will occur semi- annually, and any associated testing will occur beginning the first week in February and the first week in September of each year.This shall sunset October 1, 2025 and be read as: in the month of September or as needed to be determined by the fire chief based on operational need. D. The establishment of eligibility lists for the ranks of Lieutenant, Captain, and Battalion Chief will be through a competitive process, as determined by the Fire Chief (or Designee) and the Director of Human Resources and Risk Management (or Designee). Division Chief Promotional Announcement shall be established thirty (30) days prior to known vacancies. E. Promotional announcements will be posted within sixty (60) days of an expired promotional list. F. Announcements for promotional processes will be sent via e-mail to the Fire Department distribution list at least sixty (60) calendar days prior to the initial exam for the process. The announcement will include, at a minimum, the following information: 1. Reference to the source material in a non-editable format and/or links obtainable through the Fire Department's shared network. All non-editable format source material shall be provided in its entirety or provided in one (1) hardcopy for each station. 2. Weight and components of the promotional process. 3. The minimum passing score for each exam component. 4. The specification and allotment of any additional points as outlined in Article 30G. G. Within thirty (30) calendar days prior to a written exam, the date, time, and location of the exam will be secured and provided to candidates. Efforts will be made to provide five (5) calendar days between the written exam and practical exam components. 4 42 October 1, 2023-September 30, 2026 Union City Page 172 of 768 1 . Seniority, educational, and/or certification points are awarded as follows: i. Seniority Points: 0.25 points per continuous year/s of service as of the closing date of the posting. (No Maximum) ii. StepUo Experience: 0.25 points per current continuous year/s of service as of the closing date of the posting, given only to Candidates sitting for the Operators Engineers (OE) examination, Once a member become an Operator Engineer (OE) the Member will earn 0.35 points for those sitting for the Lieutenants examination. (No Maximum) iii. Education Points: (Points issued for the highest level of degree only) - Associate degree: 0.25 Points - Bachelor's degree: 0.50 Points - Master's Degree: 0.75 Points 2. Upon successful completion of the promotional process, Additional Points are added to the scores to establish the final ranking of the eligibility list. 3. A candidate must achieve a minimum passing score on each exam component in order to be considered for the eligibility list. Scores will be rounded to the hundredth decimal point. H. Written Exam if gp.plicable. 1 . Are proctored by a minimum of one representative from Fire Administration, one representative from Human Resources, and one non-testing representative of the Union. 2. The written exam consists of one hundred ten (1 10) questions taken directly from the source materials. One hundred of the questions will be graded and worth one (1) point each. The ten additional questions contained within the exam (and determined by Human Resources prior to testing) are designated as "alternate questions" and will only be used for scoring if a question is removed due to a challenge. I. Review & Challenges: 1 . Candidates will be given an opportunity to review the written exam immediately following the last exam submission. Source materials will be made available to candidates for the purpose of refuting the validity of any question on the exam. In the event a candidate decides to challenge a question, the candidate will write down his/her challenge question number and the reason for the challenge on the designated form. This forll be submitted to the 43 October 1, 2023-September 30, 2026 Union ., City :0 Page 173 of 768 ERIENNIffmooffmanoffilimm exam proctors. The merits of each challenge will be evaluated, and a final decision as to whether the challenge will be upheld will be determined prior to scoring of the exams. If a challenge is upheld, the question will be thrown out (as if it never existed) and the first of the pre-determined ten alternate questions will be substituted to replace the question that had been removed due to the upheld challenge. 2. Candidates will participate in a post-promotional process debriefing during which all incorrect answers will be reviewed. J. Exam Results: 1. The ranking of all successful candidates shall be certified by the Director of Human Resources and Risk Management (or Designee) and posted in the form of an eligibility list. The eligibility list remains active for two (2) years from the date of establishment or until the list is depleted, whichever is sooner for the positions of Lieutenants, Captains, Battalion Chiefs, and Division Chiefs. Operator Engineer's eligibility list shall remain in effect until the member promotes to Operator Engineer, Lieutenant, or wishes to be removed from the Eligibility List. Operator Engineer must maintain competency as determined by the Training Division. 2. A candidate may submit a written request to be removed permanently from the Promotional Eligibility List.The Candidate shall be removed permanently as a result of a demotion or suspension of greater than forty-eight (48) hours. A candidate shall be removed from a Promotional Eligibility List temporarily if the candidate is on light duty, on disability leave, or on any other leave of absence except as a result of service-connected illness or injury, Military Leave, and FMLA, or if the candidate otherwise is in no-working status and is unavailable for work, at any time the promotional Eligibility List is established. K. Selection Process: 1 . The Fire Chief may select for promotion any candidate in the top three (3) of the position's established eligibility list. 2. Selected candidates are required to undergo a background check which requires the candidate to have their fingerprints processed at a facility authorized by Human Resources. Upon successful completion of the background check (as determined by the Director of Human Resources and Risk Management), the City Manager will then review the promotion selection and approve the promotion. 44 October 1, 2023-September 30, 2026 Union City tv Page 174 of 768 3. Once the promotion is made from the top three, the remaining candidates move up on the list. 4. A bargaining unit member who is not selected for promotion may request a meeting with the Fire Chief. L. Veterans' Preference: The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of Florida and F.S.S. 295.07. M. Modification: 1. The provisions of this Article may be modified by written mutual agreement between the Union and the City Manager and/or Designee. In the event there are no remaining candidates on a promotional eligibility list, the Union, Fire Chief, and Director of Human Resources and Risk Management will determine the provisions for covering the vacancies in the interim. 45 October 1, 2023-September 30, 2026 Union City i,4 Page 175 of 768 NMI NMI :; A. The City shall furnish at each fire station a minimum of 3' x 4' space for bulletin boards for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. The Union supplies the bulletin boards. The Union holds the City harmless for any content posted on its bulletin board. Notices shall not contain anything reflecting in an untrue manner on the City or any of its Officers, and no material, notices, or announcements, which violate the provisions of this Article, shall be posted. B. The Union President shall be allowed to use "Outlook" and any successor for notices. Materials posted shall be subject to approval by the Fire Chief prior to posting. C. The City agrees to grant the Union permission to use meeting rooms for its meeting as space and scheduling permits. The Union will supply Fire Administration with a schedule of monthly meetings and provide forty-eight (48) hours' notice of special meetings. The Union agrees to leave any meeting room in its original condition. D. The City agrees to grant the Union a Union Office located at Fire Station 5. 46 October 1, 2023-September 30, 2026 Union Gb Ci Page 176 of 768 A. The Union's Legislative Vice President shall receive notification of the agendas and minutes of all regular and special meetings of the City Commission. B. The Union will be provided with a copy of departmental Rules and Regulations, Standard Operating Guidelines, Policies, and Procedures. The Union will be provided with updates pursuant to Article 8 of this Agreement. 'k 47 October 1, 2023-September 30, 2026 Union Cit Page 177 of 768 000=1 NNEEMOMIMEM A. A grievance is defined as a dispute or disagreement involving the application or interpretation of the express provisions of this Agreement. Issues or disputes, which are not grievances as so defined, shall not be subject to arbitration but may be processed through the grievance procedure.The Parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. B. Grievance Procedures: 1 . Intent to Grieve- Petition Notice An aggrieved employee shall submit in writing a signed Petition to the Union Grievance Committee,which is comprised of the Union Executive Board, on or by the fifteenth (15th) calendar day of the occurrence or on or by the fifteenth (15th) calendar day of when the member knew or should have known of the occurrence. Within fifteen (15) calendar days of receipt of the Petition, the Union Grievance Committee will make a determination as to whether or not a grievance has merit to be advanced to Step One. The determination of the Union Grievance Committee is final and not subject to grievance, arbitration, or other review. The Union reserves the right to represent or not represent employees are not members of the Union as provided by law. 2. Step One- Fire Chief (or Designee) The Union Grievance Committee shall submit in writing (via electronic e-mail to the Fire Chief with a CC: to the Director of Human Resources and Risk Management) a Step One grievance on behalf of an individual member or group of members on or by the thirtieth (30th) day of the occurrence or of when the bargaining unit member(s) knew or should have known of the occurrence. i. All Step One grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and job title(s) of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested. ii. All Step One class action grievances shall also include: a. Statement indicating the grievance is a class action; and b. Signature of an IAFF Union Official. iii. In the event a Step One grievance does not contain the required information listed above, the Fire Chief (or Designee) may return the grievance to the Union by electronic mail tri written notification- 48 October 1, 2023-September 30, 2026 Union �� Cit ' Page 178 of 768 identifying the missing information and deeming the grievance as "incomplete." iv. An "incomplete" grievance must be returned to the Union on or by the tenth (10th) calendar day of receipt of the grievance. The Union will then have ten (10) calendar days from the date of receipt of the incomplete grievance to resubmit a complete grievance. If a complete grievance is not resubmitted on or by the tenth (10th) day of receipt, it will be deemed "withdrawn," and the Union will not be able to resubmit it. V. The Fire Chief's detailed Step One response shall be transmitted to the Union via electronic mail on or by the tenth (10th) calendar day of receipt of a complete grievance. 3. Step Two-City Manager (or Designee) i. If no agreement is reached at Step One, the Union may file a Step Two written grievance on behalf of grievant(s) by electronic mail to the City Manager with a CC: to the Director of Human Resources and Risk Management on or by the tenth (10th) calendar day of receipt of the Step One response. The Step Two written grievance shall describe with specificity the information on which the Union is relying to establish why it believes the Fire Chief's Step One response is not agreeable. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union within ten (10) calendar days of receipt of the Step Two appeal if (s)he intends to conduct an interview with the grievant(s). Once such notification is made, the time period for the City Manager's (or Designee's) Step Two response is tolled until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail on or by the thirtieth (30th) calendar day of receipt of the Step Two grievance or on or by the thirtieth (30th) calendar day following an interview with the grievant(s), or regarding the grievant(s), if an interview occurred. 4. Step Three-Arbitration i. If no agreement is reached at Step Two, the Union may refer the grievance on behalf of the grievant(s) to Arbitration by notifying the City Manager with a CC: to the Director o man Resources and 49 October 1, 2023-September 30, 2026 Union City Page 179 of 768 Risk Management by electronic mail on or by the fifteenth (15th) calendar day of receipt of the Step Two response. The City may also request Arbitration by notifying an IAFF Union Official by electronic mail on or by the fifteenth (15th) calendar day of submitting the Step Two response. C. The Parties agree to the aforementioned step procedure outlined in this Article and acknowledge that the Parties can only extend stated deadlines by written agreement that matters are temporarily (not to exceed ten (10) calendar days) being held in abeyance. Extensions shall never be inferred by the conduct of a Party and shall always be in writing. If the Union or Grievant fails to timely file or timely advance a grievance to the next step, the grievance is deemed "withdrawn" and cannot be refiled. If the City fails to timely respond at any step, the Union or Grievant may proceed to the next step. Grievances at all steps shall be submitted by electronic mail and shall include the Director of Human Resources and Risk Management as a copied recipient. For the purpose of this Article, "of receipt" shall mean the date the electronic mail message was sent. The Union reserves the right to represent or to not represent employees who are not members of the Union as provided by law. D. Arbitration Procedures: 1. The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of receipt of Arbitration notice as referenced in Section 32.1.4.a. by filing a request with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators with a business office in the State of Florida. A copy of this request shall be served on the other Party i. Arbitrator Selection - Each Party retains the right to reject one arbitrator panel in its entirety and request that a new panel be issued. The Party requesting arbitration shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The person remaining shall be the arbitrator. The arbitrator shall determine the dates) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location determined by the Parties. ii. Arbitration Fees and_,,,,,,Exoenses - All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. �`�" 50 October 1, 2023-September 30, 2026 Union City Page 180 of 768 iii. The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement. In no event shall the terms and provisions of this Agreement be deleted, modified, or amended by the arbitrator. The arbitrator shall consider and decide only the specific issues raised by the grievance when it was submitted in writing to the City at Step One and the arbitrator shall have no authority to make his/her decision on any issue not submitted to him/her. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) calendar days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. In the event the arbitrator finds a violation of the Agreement, the arbitrator shall determine an appropriate Award. The arbitrator's Award shall not be greater than the restoration of the bargaining unit member to his/her most recent position held and the monetary value of the employee's back wages and benefits to make the employee "whole." iv. Other Provisions - A transcript of the Hearing will be made, unless waived by both Parties. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested by either Party. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. 51 October 1, 2023-September 30, 2026 union C-7 Cite D , Page 181 of 768 A. All job rights and benefits authorized or permitted by the City Manager or Fire Chief and continuously enjoyed by bargaining unit members and not specifically provided for or abridged by this Agreement shall continue in full force or effect for the term of this Agreement. Except as specifically provided in this Agreement, this Agreement should not be construed to deprive any bargaining unit member of benefits or protections granted by the Laws of the State of Florida or Ordinance and Resolutions of the City of Boynton Beach. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 52 October 1, 2023-September 30, 2026 Union Cit Page 182 of 768 A. If any provision (Article or Section) of this Agreement is found to be invalid, unlawful, or unenforceable, by any court having jurisdiction or by reason of any existing or subsequently enacted legislation or judicial authority, the remaining provisions of this Agreement shall remain in full force and effect. B. In the event of such finding, either Party may request to open negotiations for a substitute provision by notifying the other Party in writing within thirty (30) calendar days of the date the provision was invalidated. 53 October 1, 2023-September 30, 2026 Union City Page 183 of 768 A. All appendices,amendments and additions to this Agreement shall be numbered or lettered, dated, and signed by the responsible parties, and shall be subject to all other provisions of this Agreement. 54 October 1, 2023-September 30, 2026 Union City Page 184 of 768 A. This Agreement shall be binding upon the successors and assigns of the Parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either Party hereto. 55 October 1, 2023-September 30, 2026 union C City Page 185 of 768 I I i IMMM sm MEN: A. Bargaining unit members may be eligible for compensatory time at the discretion of the Fire Chief (or Designee) for participating in required educational and/or required training activities,special projects, and/or events as approved by the Fire Chief (or Designee). All compensatory time will be earned at the rate of one and a half (1.5) hours for each one (1) hour worked [in quarter (0.25) hour increments] and with a maximum cap of two hundred forty (240) hours. B. If a bargaining unit member's compensatory time balance is between one hundred ninety-six (196) and two hundred forty (240), the bargaining unit member is no longer eligible to earn compensatory time until the balance falls below one hundred ninety-six (196). A bargaining unit member who reaches the maximum compensatory time threshold must schedule and take a minimum of twenty-four (24) compensatory leave time within ninety (90) days of accruing time to the maximum threshold. In the event, the bargaining unit member fails to schedule and take twenty-four (24) hours of compensatory time during the ninety (90) day period, the first available date after the ninety (90) day period will be assigned by the Fire Chief (or Designee) as a mandatory twenty-four (24) hour scheduled compensatory time day. During this referenced ninety (90) day period of time, the bargaining unit member is not allowed to accrue any additional compensatory time. 56 October 1, 2023-September 30, 2026 Union City Page 186 of 768 m A. The Union and the bargaining unit members recognize and agree that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. B. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions, and other units of the organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and method of service; to hire, promote, and/or otherwise determine the criteria and standards of selection for employment; and to terminate, demote, suspend, or otherwise discipline for just cause. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. C. The City Manager and City Commission, in accordance with the City Charter has the authority to determine the purpose and mission of the City and the amount of budget to be adopted. D. If, at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder, or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified as soon as is practical and further provided that wage rates and monetary fringe benefits shall not be suspended. a '.. 57 October 1, 2023-September 30, 2026 Union City Page 187 of 768 A. Boynton Beach Firefighters Retirement.....I.ns.uraund: ..................................... The Union established its own retiree insurance benefit fund (hereinafter referred to as "the Fund") to provide full or partial health and welfare insurance premiums on behalf of employees of Boynton Beach Fire Rescue (The Department) who retired on or after October 1, 2005, and who met certain other established eligibility requirements. Any and all eligibility requirements and benefits provided will be determined solely by the board of Trustees of the Boynton Beach Firefighters Retirement Insurance Fund. All employees covered by this Agreement shall be eligible to participate in the Fund as non-covered members who participate in the Firefighter's Pension Plan. B. City_Contribution of Funds: 1. Current members who were hired before October 1.-Z00, through September 30, 2018: The City will contribute three percent (3%) of the current gross annual payroll of active members in this tier. 2. Current members who were hired on or after October 1,Z 018: Members in this tier will have their annualized base rate (excluding Paramedic Assignment Pay) reduced by one and one-half percent (1.5%). The City will contribute three percent (3%) of the current gross annual payroll of active members in this tier. C. Annual Payment of Funds: The annual contribution shall be remitted to the Fund by October 15th and each October 15th thereafter, provided that the department has received a written invoice for said benefits. Failure to submit a written invoice shall not bar the Union from receipt of said funds but shall allow the City thirty (30) days to provide the funds, which shall be retroactive. The City shall pay the annual contribution on October 1 st of each fiscal year of this Agreement on behalf of every employee. Accompanying the contribution, the City shall provide a list of all department members for whom payment was made. D. Termination of Fund: Contribution to the Fund, as provided in this Article, was negotiated and agreed to by the Parties in lieu of a wage increase. In the event of termination of Fund, the wage increase specified in this Article shall be added to each active employee's then-current base annual pay, as such base pay rate is set forth in the Collective Bargaining Agreement and the City of Boynton Beach Pay Plan at the time of termination of the Fund. G 0, 58 October 1, 2023-September 30, 2026 Union City Page 188 of 768 'flb k iflR d Po int d MEN M E. Indemnification: The Union shall indemnify, and hold the City harmless against any claim, demand, suit, or liability, and for all legal costs arising in relation to the implementation, or administration, of the Fund, except to the extent that the City's acts or omissions give rise to its own liability. � 59 October 1, 2023-September 30, 2026 Union City ' Page 189 of 768 A. The collective bargaining agreement does not exist in a void. Provisions, as amended from time to time, of the City's Personnel Policy Manual (PPM), the City's Administrative Policy Manual (APM), Department Rules and Regulations, and other policies established by Resolution or Ordinance (collectively referred to as collateral documents), are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of this Agreement, in which case the terms of this Agreement shall control. Specific applicable collateral documents will be discussed and approved by the Labor-Management Team. B. The City will provide draft revisions of collateral documents to the union for review to ensure that said documents are not in conflict with and do not impact policies relied upon by the Union and absent in this Agreement. C. Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain, subject to applicable law. 60 October 1, 2023-September 30, 2026 Union ty Page 190 of 768 NNffMM§MMMEEMMMMNNEEM= A. Recent Historical Chanes: • The City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which is attached as Addendum "D". • The City and the Union amended provisions of the pension as outlined in the Pension Agreement, which is attached as Addendum "E". • Effective October 1, 2019-Sec. 18-180. Monthly retirement income: The maximum benefit cap will be increased annually beginning on the first day of October 2020 (and on each October 1 thereafter) by one and a half percent (1 .5%). • Effective October 1, 2019 -Sec. 18-182. Disability retirement benefits (g) Survivor's benefit: The benefit shall equal three percent (3%) of the average final compensation for each year of continuous service. • Incorporate language referencing Florida Statute regarding cancer presumption that went into effect on July 1, 2019. • The Union agreed to the provisions of the City's DROP Ordinance 18-300 of Article XI of Chapter 18 of the Code of Ordinances. • The Union agreed to the provisions of the City's Drop Ordinance 22-016 as approved on July 5, 2022. 61 October 1, 2023-September 30, 2026 Unionr City1f Page 191 of 768 Both the City and the Union recognize that substance abuse is a widespread problem within our society. The Union will assist bargaining unit members in obtaining assistance and treatment if alcohol and/or substance abuse are apparent. The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach and will cooperate fully with the City to continue with the implementation and enforcement of the policy. The Drug-Free Workplace Policy and procedures for Post-Accident and Random Drug and Alcohol testing are in effect and outlined in the attached Addendum "A" 62 October 1, 2023-September 30, 2026 Union a." City Page 192 of 768 MIN! To support a healthy workforce, the Union and the City commit to developing and implementing a voluntary Wellness and Fitness Program based on the recommendations of the IAFF/ IAFC Joint Labor-Management Initiative. A. The Well Program will be offered in such a way that each fire fighter is encouraged to obtain a level of wellness/fitness consistent with the duties (s)he performs and his/her individual abilities. The wellness/ fitness program is intended as a positive program and is not punitive in design. B. The Fire Department's Health and Safety Officer promotes a supportive,safe, and productive atmosphere to all bargaining unit members participating in the program. The program shall consist of physical and mental fitness and nutritional components. The Department's Health and Safety Officer will also compile and maintain individuals' fitness data for eligibility of annual assessment performance. C. A Wellness/Fitness Pool (hereinafter referred to as "WFP") will be established for bargaining unit members to use for the purpose of participating in Wellness and Fitness resources. Any and all eligibility requirements and benefits provided shall be determined by the committee comprised of the Union Executive Board in consultation with the Fire Chief (or Designee), Director of Human Resources and Risk Management (or Designee) and the Union President (or Designee). All bargaining unit members are eligible to utilize available resources provided, in accordance with the Standing Procedures. 1 . Bargaining unit members are able to fund the pool with donations as needed. Sick time donations are at a fifty percent (50%) conversion rate and vacation and compensatory time donations are at a one hundred percent (100%) conversion rate. 2. Wellness/Fitness Pool ("WFP") time must be used in a minimum of two (2) hour increments. When scheduled use of WFP time results in overtime for another bargaining unit member, the WFP time will be charged at (drawn down by) time and one-half (1.5) to minimize the cost to the City of a member's absence. 3. Allbargaining unit members, must successfully complete an annual assessment performance, in accordance with the standards set forth by Labor Managment, are eligible to convert up to five hundred dollars ($500.00), after pension deductions, of any combination of vacation and/or sick time at a 100% conversion rate into their H.S.A. within sixty (60) days of completion. . r 63 October 1, 2023-September 30, 2026 Union City Page 193 of 768 Modified WorkZLight Duty. Assignments (Workers' Compensationl: A. A bargaining unit member who has been released to work with restrictions may be accommodated with a modified work/light duty assignment at the discretion the Director of Human Resources and Risk Management and the Fire Chief. A bargaining unit member may choose to accept or decline the modified work/light duty assignment. If a bargaining unit member declines an offer of a modified work/light duty assignment, the bargaining unit member is required to remain off work until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, a bargaining unit member who declines an offer of a modified work/light duty assignment and who meets the eligibility requirements for leave under FMLA will have his/her time off automatically designated as FMLA. B. Bargaining unit members who accept a light/restricted duty assignment in connection with a Workers' Compensation claim and are, accordingly, temporarily unable to discharge their duties as a regular shift employee but are otherwise able to work a "full time" schedule, shall be placed on a forty (40) hour workweek. C. Bargaining unit members who are placed on light/restricted duty in connection with a Workers' Compensation claim shall report to the Fire Chief (or Designee) for their daily assignments. While on such restricted duty, the member's rate of pay shall not be adjusted; however, the City will provide up to two (2) hours (0.4 hours per day not to be fractionalized) of straight time in each workweek so that members who are working a forty (40) hour weekly schedule will have the opportunity to maintain forty-two (42) hours of pay in the workweek. D. Bargaining unit members, shall work the following schedules for the duration of their light/restricted duty (unless their Workers' Compensation provider indicates a required reduction in working hours): 1. Five (5) - Eight (8) hour days (Monday through Friday) i. Forty (40) hours per week scheduled plus up to two (2) hours (0.4 hours per day not to be fractionalized) of pay code: FW E. Modified WorklLight Duty Assignments (Other): The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to bargaining unit members who request them and are qualified. A bargaining unit member may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Due to federal laws surrounding leave and accommodations, all Modified Work/Light Duty reque s use e made directly to .�: . 64 October 1, 2023-September 30, 2026 Union Cit Page 194 of 768 the Human Resources and Risk Management Department and are subject to approval by the Director of Human Resources and Risk Management (or Designee). Human Resources may consult with the Fire Chief (or Designee) regarding a bargaining unit member's work restrictions in order to assist in evaluating the feasibility of an accommodation. ..4 65 October 1, 2023-September 30, 2026 Union C-15 City`-, Page 195 of 768 A. During the first twelve (12) months of their employment with the City, all employees are considered to be probationary, meaning in part that they are subject to discipline, up to and including dismissal, without recourse to the grievance procedure. B. The City recognizes the following types of disciplinary actions: Minor Discipline: • Written Verbal Warning • Written Reprimand Major Discipline: • Unpaid suspension • Demotion • Termination The type of discipline utilized may vary in each case depending on the employee's work history, the severity of the conduct, and the facts and circumstances of the case. Employees who have successfully completed their initial probationary period may be disciplined or terminated for any of the following reasons. Examples are illustrative and not an all-inclusive list. 1. Incompetency or inefficiency in the performance of duties. 2. Insubordination 3. Refusal to fully and truthfully cooperate in a City-initiated investigation (Investigations shall be completed within one hundred eighty (180) days of the incident). 4. Refusal to perform assigned work. 5. Excessive absenteeism or tardiness. 6. Carelessness and/or negligence in the handling or control of City property or the misappropriation of City property. 7. Discourteous, insulting, abusive or inflammatory language or conduct toward the public, a supervisor, or other employees. 8. Absence from duty without authorization, including refusal to report to duty on time. 9. Acceptance of a gift in violation of Palm Beach County Code of Ethics and/or F.S.S. 112.3148. 10. Unauthorized personal possession of weapons while on duty on City property. 11. Violations of the City's harassment policy. 12.Suspension, revocation, or expiration of driver's license where driving is part of the employee's job responsibilities. 66 October 1, 2023-September 30, 2026 UnionWc City Page 196 of 768 13. Suspension or revocation of any required license or certification. 14. Abuse of unscheduled leave, or false claim of eligibility for such leave. 15. Engaging in other forms of employment while on unscheduled leave or Acute Leave. 16. Failure to report secondary employment as required by the City. 17. Engaging in other forms of employment while on approved FMLA or ADA leave if: a. The employee declines to accept a light-duty assignment; or b. The physical demands or requirements of the other form of employment exceed the limitation(s) imposed by the employee's treating physician; or c. The employee fails to inform the City of such other employment in accordance with the City's requirement. 18. Failure to report to duty when directed to do so during an emergency. Disciplinary action may be taken for just cause. D. TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION Minor Discipline Areal///Response Options: a. Written Counseling may be appealed to the Fire Chief within ten (10) calendar days of issuance. The Fire Chief's determination is final and not subject to further review or appeal. b. Written Comments Members may submit written comments in response to any Minor Discipline for inclusion in their personnel files. C. Administrative Appeal Members may request to have an Administrative Appeal with the Fire Chief (or Designee) by making such request in writing or by electronic mail directly to the Fire Chief within ten (10) calendar days of receipt of a Written Notice, Written Notice in Lieu of Suspension, or Unpaid Suspension of less than twenty-four (24) hours. 67 October 1, 2023-September 30, 2026 Union Cite Y Page 197 of 768 OEM Within thirty (30) calendar days of conducting an Administrative Appeal, the Fire Chief (or Designee) will provide the member with a written response of his/her determination. This determination is final and not subject to further review or appeal. Magor Discipline Appeal/Response Options: a. Written Comments Members may submit written comments in response to any Major Discipline for inclusion in their personnel files. b. Predetermination Conference (i) Prior to the imposition of any Major Discipline, members are entitled to participate in a Predetermination Conference with the City Manager (or Designee). Members will be provided a letter explaining their eligibility to participate in the Predetermination Conference. If a member wishes to participate, (s)he must timely elect to do so by completing and returning the Election of Rights form to the Director of Human Resources and Risk Management by the deadline stated in the letter, and (s)he must attend the Predetermination Conference as scheduled. A member may have a representative attend the Conference with him/her. As soon as practical after the Predetermination Conference, the member will be notified in writing of the City's Manager's decision. (ii) If no agreement is reached following the City Manager's response to the Predetermination Conference, the Union may refer the matter on behalf of the member to Arbitration by notifying the Director of Human Resources and Risk Management and the City Manager by electronic mail on or by the tenth (1 Ot") day of receipt of the City Manager's response. Referrals to Arbitration related to this section begin at Step Three of the Grievance Procedure. Employees who are not members of the Union, and whom the Union refuses to represent as a result of such non-membership in the Union, may proceed to Arbitration on their own and at their own expense. In such an event, the employee will be w 68 October 1, 2023-September 30, 2026 Union �,, Cit Page 198 of 768 responsible for all expenses for which the Union is responsible when the Union chooses to arbitrate in accordance with Article 33 of this Agreement„ 69 October 1, 2023-September 30, 2026 Union City Page 199 of 768 A. Procedures for the seat bid process will be set forth in a Department Guideline. B. Although it is the intent of this Article and the Seat Bid Guideline is to provide bargaining unit members the opportunity to indicate preference in a seat bid assignment, members may be assigned to another station or vehicle based upon legitimate departmental objectives, including but not limited to, staffing and specialty needs of the department as determined by the Fire Chief. C. The provisions of this Article do not constitute a waiver by the City of its right to determine the mission of the Fire Rescue Department or its right to determine the number and type of personnel allocated to any particular shift, station, or specialty team. D. The provisions of this Article may be amended or modified by written mutual agreement between the Union and the City Manager or Designee. 70 October 1, 2023-September 30, 2026 Union City Page 200 of 768 IN NINE A. This Agreement shall be in force and effective upon ratification by both parties and remain in full force and effect until September 30, 2026. If all issues are not resolved by September 30, 2026, this Agreement remains in force and shall constitute the status quo during any period of negotiations for a successor Agreement. B. Negotiations for a successor Agreement shall begin no later than April 1, 2026, upon written notice from either Party to the other. 71 October 1, 2023-September 30, 2026 Union i City Page 201 of 768 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is a national problem that is prevalent in society and impairs the health and safety of employees, promotes crime, and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG-FREEE WORKPLACE Program. Substance abuse is a complex yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol-free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all employees of the City of Boynton Beach. 1 .3 DEFINITIONS 1 . "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results. 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore, activities participated in while off duty may result in positive drug tests. Consumption of a preparation including alcohol (beverages or medicines). A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. "Drug test" or "test" means any chemical, biological>cr physical instrumental " 72 October 1, 2023-September 30, 2026 Union ("S City Page 202 of 768 analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and is covered by the worker's compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Implementation Period" means October 1, 2023, through September 30, 2026. 9. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug-Free Workplace Program and appropriate Florida administrative rules. 10. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 11 . "Mandatory-testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures,work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, ora job assignment that requires an employee security background check, pursuant to F.S. 1 10.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 12. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology, and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 13. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. 14. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the eployer's policy drawn 73 October 1, 2023-September 30, 2026 Union City Page 203 of 768 from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused or contributed to, an accident while at work: i. If a bargaining unit member is involved in an accident in which the member was driving a City-owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury, and immediately receives medical treatment away from the scene of an accident, one or more vehicles incurs "disabling damage" as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle and under any circumstances when the bargaining unit member is issued a traffic citation. ii. "Disabling damage" means damage that precludes the departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages include damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat fire with no spare available, minor scrapes/scratches to the exterior of the vehicle; or damage to headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. iii. An order to submit to post-accident testing can be made by a Battalion Chief or any chief officer within the division. Any bargaining unit member ordered for a post-accident drug test may, at the member's option, be accompanied to the testing by an 74 October 1, 2023-September 30, 2026 Unions Cit Page 204 of 768 available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures. iv. Refusal to submit to an order for post-accident drug testing, or intentionally delaying a post-accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 15. "Special-Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control, or Chapter 943, Department of Law enforcement. 16. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 17. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse during the Implementation Period and prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident requiring drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding the prescribed dosage in his/her system, in possession of, using, selling, trading, or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with the employee with the observation to rule out any problem(s) that may have been caused by prescription drugs. If in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. 75 October 1, 2023-September 30, 2026 Union ; � Cit ' Page 205 of 768 If is the responsibility of the City's supervisors to counsel with anemployee whenever they see changes in performance that suggest a potential employee problem, The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. USE OF PRESCRIPTION MEDICATIONS/MEDICAL AUTHORIZATIONS DRUGS WHILE ON DUTY 1. Prescriptions that are prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees are not permitted to use any prescriptions or medically authorized drugs, per FL Statute, Title XXIX, Chapter 381, Section 986, while On-duty or prior to duty to where the effects may cause impairment during work hours. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job require ments/f uncf ions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the N.F.P.A. standards for firefighters, so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management (or Designee) when (s)he is prescribed any medication that is considered a controlled substance as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a firefighter while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed or medically authorized medications/drugs as defined and amended from time to time in Florida Statutes 893.03 and Title XXIX, Chapter 381, Section 986) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed 76 October 1, 2023-September 30, 2026 Union City�� Page 206 of 768 MM medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre-Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre-employment conditions are established: a) Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above section, who refuses to submit to drug and alcohol testing as part of the pre- employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program am The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line: 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 77 October 1, 2023-September 30, 2026 Unions 1,7 City Page 207 of 768 IN c) Palm Beach AI-Anon/AI-a-Teen Information: 561-882-0308 d) Alcoholics Anonymous (Palm Beach County): 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program: 561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program on a voluntary basis will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense against the imposition of disciplinary action where facts providing a violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any,will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug-Free Workplace Policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well- being of employees and the community. 1 . Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 78 October 1, 2023-September 30, 2026 Union CityQ Page 208 of 768 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. E. Employee's Responsibility 1 . It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises doubt as to that employee's ability to perform work in a safe, reliable, and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees who enter drug or alcohol treatment and/or rehabilitation programs voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F, Medical Review Officer's (MRO) Responsibilities 1 . The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee orjob applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1 .5 PROCEDURE In order to maintain a drug and alcohol-free work environment, the City will test 79 October 1, 2023-September 30, 2026 Union Cit Page 209 of 768 for the presence of alcohol and drugs in the following circumstances: 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory- testing, safety-sensitive, or special-risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post-incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a) discernable property damage, (b) the employee receiving medical attention, or (c) the employee receiving a citation. [See 14.e. (i-iv)]. 4. Random Testing: Employees are subject to random drug testing. Random selection for testing is done by an independent third party, approved by both the IAFF and the City, by a random computer- generated list. No more than one hundred percent (100%) of the IAFF population will be randomly tested during any one contract year: October 1 St through September 30th. 5. Fitness for duty: All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. B. Consequences of Refusing, a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #16, who refuses to submit to a drug and alcohol test will not be hired. C. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, 80 October 1, 2023-September 30, 2026 Union 7 City Page 210 of 768 for any employee who has a positive, confirmed drug or alcohol test. D. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports,written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug, and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except when such release is compelled by a court pursuant to an.appeal taken under this section, or when deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. E. Reporting of Use of Medication Employees and job applicants shall confidentially report the use of prescription, medically authorized drugs, or non-prescription medication prior to drug testing occurs to FMLA@bbfl.us F. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section I. Employees and job applicants should review this list prior to submitting to a drug test. G. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. H. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. 81 October 1, 2023-September 30, 2026 Union City�4 Page 211 of 768 DEE= I. Drugs to be Tested In accordance with F.S.893.03 as amended from time to time, the following is an illustrative and non-exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cocaine 4. Phencyclidine (PCP) 5. Hallucinogens 6. Opiates 7. Methaqualone 8. Barbiturates 9. Benzodiazepines 10.Synthetic Narcotics 11. Designer Drugs 12. A metabolite on any substance listed herein 13. Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A-C, Hydrocodone, Coke Crack Heroin Diacetylmorphine, horse, smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Loam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation, or D_� 82 October 1, 2023-September 30, 2026 Union City Page 212 of 768 procedure after a review with the Labor-Management Committee. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. J. Chall,ene of Test Results 1. An employee who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources and Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. An employee may provide a signed release authorizing the Director of Human Resources and Risk Management to provide the test result and his/her submitted information to the Union President (or Designee) and/or the Fire Chief. ` 83 October 1, 2023-September 30, 2026 Union 6,6 Cit y� Page 213 of 768 2. If the explanation or challenge of the employee is unsatisfactory to the City, the City will provide a written explanation as to why the employee's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee contests the drug test results (s)he must promptly notify the Medical Review Officer. 84 October 1, 2023-September 30, 2026 Union City Page 214 of 768 A. As referenced in Article 26A. - Education, non-probationary members are permitted to attend schools or classes for Career Ladder requirements. Reimbursement rates are not intended to exceed Florida In-State tuition rates. Course selection and attendance must be pre-approved by the Fire Chief. B. Bargaining unit members are "Grandfathered-In" the current positions in which they are placed upon ratification of this Agreement. C. Prerequisites & Requirements Probationary Firefighter Prob FFA: 1 . Certified Florida Firefighter; and 2. Certified Florida Emergency Medical Technician; and 3. Currently enrolled in Last Semester Paramedic School; or 4. Certified Florida Paramedic Firefighter (FF): 1 . Successful completion of the Probationary Firefighter Manual ("Green Book"); and 2. Successful completion of FF Performance and Written Examinations; and 3. Minimum of one (1) year of service with BBFRD; and 4. Florida State Paramedic (Employees hired after October 1, 2022); and become an Active Department Paramedic (Failure to do so will result in termination) 5. Successful completion of the annual evaluation process for Probationary Firefighters; and 6. Selection by the Fire Chief with approval by the City Manager; and 7. Members hired after October 1, 2018, must be a Certified Florida Paramedic advance past Firefighter Year 3 of the Pay Plan. Operator En_ ineerOE & Acting Operator En ineer: 1 . Successful completion of all prerequisite requirements for a Firefighter; and 2. Minimum of Three (3) years of service with BBFR; and 3. Operator Engineer Manual ("Red Book"); and 4. State of Florida Certified Pump Operator; and 5. Successful completion of BBFR Officer Candidate Training; and 6. Serving as a department-qualified Step-up Officer 7. Successful completion of BBFRD Apparatus, Hydraulics, and Aerial Operation Performance and Written Examinations. 85 October 1, 2023-September 30, 2026 Union GC7 City(i_) Page 215 of 768 ONE= I i Rescue Z Suppression Unit Actin Lieutenant: 1 . Minimum of three (3) years of service with BBFR; and 2. Complete a Pre-Incident Plan on a City Target Hazard (to be pre-approved by a Captain); and 3. NIMS 100, 200, 700, and 800 compliant; and 4. Successful completion of BBFR Officer Candidate Training 5. Suppression Unit Acting Lt shall be either an Operator Engineer or on the Operator Engineer Promotional List Lieutenant LT 1. Minimum of five (5) years of service with BBFR; may be reduced by one (1) year with Florida State recognized Associates Degree or higher; and 2. Minimum of six (6) months serving as an Acting Lieutenant; and 3. Must be on a current Operator Engineer (O/E) promotional list or serving as a BBFR Operator Engineer; and 4. Florida State Certified Fire Officer I; and 5. NIMS 300 and 400 compliant; and 6. Successful completion of Lieutenant promotional examination/assessment process and selection by the Fire Chief with approval by the City Manager. Actin! Captain: 1. Serving as a Lieutenant for a minimum of six (6) months Cataln CAPT : 1. Minimum of nine (9) years of service with BBFR; and 2. Minimum of one (1) year as a BBFR Lieutenant; and 3. Successful completion of: a. Florida Health and Safety Officer* b. 6742 Florida Incident Safety Officer* c. 7529 Legal Issues for the Safety Officer*; and 4. Successful completion of the Captain's promotional examination / assessment process and selection by the Fire Chief with approval by the City Manager. Acting Battalion Chief: 1 . Serving as Captain for a minimum of six (6) months. 86 October 1, 2023-September 30, 2026 Unionity _ Page 216 of 768 Battalion Chief BC1. 1. Minimum of twelve (12) years of service with BBFR; and 2. Minimum of two (2) years as a Captain with BBFR: and 3. Successful completion of: a) 9516 Chief Officer Course* b) 2770 Ethical and Legal Issues; and 4. State Certified Fire Officer II; and 5. Successful completion of the Battalion Chief's promotional examination / assessment process and selection by the Fire Chief with approval by the City Manager. Division ChiefDCS:. 1. Minimum of fifteen (15) years of service with BBFR; and 2. Minimum of two (2) years as a Captain or Battalion Chief; and 3. Successful completion of: c) 9516 Chief Officer Course* d) 2770 Ethical and Legal Issues; and 4. State Certified Fire Officer II; and 5. Successful completion of the Divisions Chief's promotional process/assessment process and selection by the Fire Chief with approval by the City Manager. (*Or equivalent, as determined and approved by the Fire Chief.) Modification: The provisions of this Article may be modified by written mutual agreement between the Union and the City Manager and/or designee. In the event there are no remaining candidates on a promotional eligibility list, the Union, Fire Chief, and Director of Human Resources and Risk Management will determine the provisions for covering the vacancies in the interim. 87 October 1, 2023-September 30, 2026 Union Cityk Page 217 of 768 ME=i As referenced in Article 24 - Education, bargaining unit members are eligible for tuition reimbursement pursuant to the City's Tuition Assistance Program, Policy No. 05-003,which is included in this Addendum. The City agrees to fund the Tuition Assistance Program for IAFF bargaining unit members in the amount of $25,000 each fiscal year of this Agreement. Funding for this program expires on September 30, 2026, until renegotiated. 88 October 1, 2023-September 30, 2026 Union City Page 218 of 768 00 001-7 M1 N Y M H 00 D> 1011 Dool M t�lf Orl Dl M M e°i� fb fV M �1 ti m m v r m O M M l0 T lfJ l0 L!f c i: 00 ft ILLI IR M M r j f M Q � W M co r i n in O i O u i Ol'.. n ,, 00 D1 Q� �•CTS,,: Qui O oo0_ f M Tz� .o M1 000 00 Gf] fO t_ 99" 7 r f O O r d U T T d N N N 7 00 - 00 y y cc V .moi rn o ��1S�1�is�1 0 11} fit R £f W O 1D N N a y t p N f; E a, � t s } ` c4 a N a, a, ` h o a o v12U is is Page 219 of 768 Agreed to day of .........m.., 2023, by and between the respective parties through the authorized representatives of the Union and the City. Boynton Beach Association of Fire Fighters Florida Local 1891, [AFF: By:___.................... _. _ ----.................. ............ Witness Georgio Salame, Local 1891 President Witness Tyler Hoffmann, Local 1891 Secretary-Treasurer City of Boynton Beach: By: Witness Ty Penserga, Mayor Witness Dan ugg.er i Witness City Clerk Approved as to Form and Correctness: City Attorney Page 220 of 768 BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA, LOCAL 1891 , IAFF gF°D�aGP�, P.O. 733 Boynton Beach, FL 33435 561.319-7170 www.Loca11891.com asp, March 21, 2023 2023-26 IAFF CBA Vote Results Ms. Decoste, At the conclusion of the ratification vote for the 2023-26 IAFF CBA votes, I am pleased to announce that the body has successfully ratified the CBA with 114 Yes to 5 No votes. President "One Union One Family" Georgio Salame Kurt Lewis Jonathan McMahon Tyler Hoffmann President Executive Vice President Legislative Vice President Secretary/Treasurer Paul Phillips Aiman Saleh Charles Myers Executive Business Agent Legislative Business Agent Sergeant at Arms Page 221 of 768 U1 3 1 t t r �p a � 1 co 1 � 4— • O N N N 0) (6 1 1' a�! 1 1 • • 1 i Ir co ti 4— O (Y) N N N O U N C (6 0 0) U U O N 0) U L c 0) "r L L O 0 U CU L A ✓ L OQN (� N O O O U N O > � L (VCU Z N C: 04 cn � •— N O � � c m O U N 0) 0 L i U N � N L > — O 0) OE cu 0 N O N N N > > 0 Np C: i VU O N c � M U O cu -2 UUO L E EES (D a (DL- O N . M H .- 0 H HCO HQ co ti 4— O N N N O1 cn co +� U (D> � E O 4-- fA O) O > fA L O Q O 0 cu N O c6Fn N a U (L6 N E U N N N O Q L L O O O `� (6 v N >, cu O (U n i •�_ � O O L N m -0 c O L p a� C U "J U fA u O W � E rZ �' E �O O Oc � U L6 O O� L 0 70 = w c) Q �n c� U) z co ti 4- 0 LO N N N < 0 a C,7 � c� U) z CD 0 �n 0 0 t6 U) LD C,7 . j t6 x 0 0 0 0 0 0 0 0 0 0 .. .. .. .. .. .. .. .. .. 0'? 00hw til Lod Cl) N co ti 4- 0 m N N N V! W E E O U '- a r CM C6 0 C C6 U (6 4-0 O Q U Q co ti 4- 0 ti N N N ou o LLJ 6.C. Consent Agenda 4/4/2023 City of Boynton Beach y Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No.R23-041-Approve,ratify and authorize the City Manager and Mayor to sign the Collective Bargaining Agreement between the City and the Palm Beach County Police Benevolent Association(PBA)-Captains for the term October 1,2022,through September 30,2025. Explanation of Request: The City and the Union negotiated with PBA to bring the Captain's CBA in line with the other CBA's for Officers/Detectives and Sergeants.The Captains CBA was put into effect prior to the other contracts.Negotiations was completed on March 18,2023.The City and the Union extended the contract through September 30,2025.The Union's membership ratified the successor Agreement on March 21,2023 with 5 voting members in favor and 0 not in favor. As the last step in the ratification process,the Agreement is now before the Commission for action. How will this affect city programs or services? Having Collective Bargaining Agreements in place provides bargaining unit members and management with direction on the current terms and conditions of employment in effect. Fiscal Impact: Removed step 0: Article 11 Elimination of 5tepO Current AnnualFY 2023 FY 2024 FY 2025 23„048.00 - - 23,048.00 - 23,048.00 Total Cost Per Contract Increased Personal Leave Time from 60 to 80 hours: Article 17 Personal Leave FY 2023 FY 2024 i=Y 2025 1,306.73 1,345.36 1,385.14 1,306.73 1,345.36 1,385.14 1,306.73 1,345.36 1,385.14 1,495.95 1,385.14 1,385.14 1,495.95 1,385.14 1,385.14 6;912.10 6,806.36 6,925.72 20,644.17 Total Cost Per Contract Holiday Pay 180 hours straight time(all holidays) Article 18 Holiday FY 2023 FY 2024 FY 2025 11,760.58 12,108.20 12,466.30 11,760.58 12,108.20 12,466.30 11,760.58 12,108.20 12,466.30 13,463.57 12,466.30 12,466.30 13,463.57 12,466.30 12,466.30 62,208.87 61,257.20 62,331.49 185,797.56 Total Cost Per Contract Hours Worked- 14 day work cycle instead of 28 day (varies based on overtime worked—allows for overtime to be earned on a 14 day cycle rather than a 28 day cycle) Overall Cost for 3 years:$229,489.73 Alternatives: Strategic Plan: High Performing Organization Af—f nin Plan Annli—ti— P—i4i—lahnr nnnomon4 roan i—hinc r nfrihi ito 4n n Hinh Porfnrminn(-)nnnifinn Page 228 of 768 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving Collective Bargaining Agreement with Captains D Addendum Final PBA-Captains Collective Bargaining Agreement D Addendum Membership Ratification Vote D Attachment PBA-Captains Presentation Page 229 of 768 I RESOLUTION R23- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RATIFYING THE AGREEMENT BETWEEN 5 THE CITY OF BOYNTON BEACH, FLORIDA AND THE 6 PALM BEACH COUNTY POLICE BENEVOLENT 7 ASSOCIATION FOR THE POLICE CAPTAINS FOR THE 8 PERIOD OF OCTOBER 1, 2022 THROUGH 9 SEPTEMBER 30, 2025, AND AUTHORIZING AND 10 DIRECTING THE CITY MANAGER AND MAYOR TO 11 SIGN THE AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, The City and the PBA Union negotiated to bring the Captain's 15 CBA in line with the other CBA's for Officers/Detectives and Sergeants; and 16 WHEREAS, the City and the Union extended the contract through 17 September 30, 2025 and The Union's membership ratified the successor Agreement 18 on March 21, 2023 with 5 voting members in favor and 0 not in favor; and 19 WHEREAS, the City Commission of the City of Boynton Beach deems it to 20 be in the best interests of the residents and citizens of the City to ratify the 21 Collective Bargaining Agreement and execute the same. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 26 Section 1. The foregoing "WHEREAS" clauses are true and correct and 27 hereby ratified and confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida 29 does hereby ratify the Agreement between the City of Boynton Beach and the Palm S:ACA\RESO\Agreements\CBA Ratifications\PBC PBA Captains CBA 2022-25-Reso.docx Page 230 of 768 3o Beach County Police Benevolent Association Police Captains Unit for the period of 31 October 1, 2022 through September 30, 2025, and authorizes and directs the City 32 Manager and Mayor to sign the Agreement, a copy of said agreement being 33 attached hereto as Exhibit "A". 34 Section 3. This Resolution will become effective immediately upon 35 passage. 36 PASSED AND ADOPTED this 4th day of April, 2023. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 VOTE 53 54 ATTEST: 55 56 57 Maylee De Jes6s, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 Michael D. Cirullo, Jr. 64 City Attorney S:ACA\RESO\Agreements\CBA Ratifications\PBC PBA Captains CBA 2022-25-Reso.docx Page 231 of 768 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE CAPTAINS OCTOBER 1, 2022 W SEPTEMBER 30, 2025 Page 232 of 768 PBA Captains-1o/01/uozz-ou/aVzozs TABLE OFCONTENTS ARTICLE PAGE NO 1 The Preamble 1 2 Recognition and Notice 2 3 Non-D|scrimnination 3 4 Dues Deduction S S Union Business 6 6 Bulletin Board 7 7 Assignment Pay 8 8 Vacancies and Probation g 9 Management Rights 10 10 Hours ofWork and Overtime 11 11 Wages 13 12 Seniority 14 33 Additional Monetary Benefits 15 14 Uniforms 18 19 Annual Occupational Fitness Evaluations 19 16 Group Insurance 21 17 Leaves 12 18 Holiday Pay 26 19 Funeral Expenses 28 20 Training 29 21 Reproduction 80 22 Personnel Records 31 23 Legal Action 32 24 Discipline 33 25 Appeals ofDisciplinary Action 35 26 Grievance and Arbitration Procedure 37 27 Personal Vehicles 40 28 Drug Testing 41 29 Reserved (no content) 42 30 Complete Agreement and Non'VVoiverpnov|sinn 43 31 Severability 44 32 Duration 45 33 Take Home Vehicles 46 34 Off-Duty Details 48 35 Pension 50 36 NuStrike orLock Out 51 37 Workers' Compensation and Leaves ofAbsence 52 38 Qualifications for a Bargaining Unit Position 55 Addendum "A'~-Drug Free Workplace 56 Addendum "B"-Mutual Consent Agreement 67 Addendum ~C"-Tuition Assistance Program 68 O Page 233Of768 PBA Captains-au/ux/2vaz-uo/3o/zozs ARTICLE I THE PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Po|nn Beach County Police Benevolent Association, Inc,, located in West po|m Beach, Florida, hereinafter referred to as the "PBA" for the purpose ofsetting forth the Parties' Agreements regarding rights,wages, hours,terms and conditions of employment, and benefits. l Page 234Of768 PBA Captains-zo/V1/zozx-oy/3n/o02s ARTICLE 2 RECOGNITION AND NOTICE The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the fn||nvvin8iobclassification: Police Captain [PERCCertification 2OZ0]orasmodified byPERC. The term °rnomher" ur"emp|nyme"will mean any member inthe bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or his/her designees as the exclusive City representative(s)for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of P8/\ President with a copy to the PBA General Counsel and mailed ordelivered 10 2100 N. Florida Mango Road, West Palm Beach, FL33409. If changes occur, the PBA will advise the City [nwriting of the names and addresses ofother PBA representatives, ifany, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. Ni notices to the City will be addressed to the City Manager with a copy to the City's HK Director and mailed toP.O. Box 310, Boynton Beach, FL33425. Ifchanges occur, the City will advise the PBA}mwriting of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and isnot binding nnthe City. PBA Captains-1m/uz/2o2z-oo/ao/2nzo ARTICLE 3 The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PDA shall work jointly to eradicate discriminatory conduct in the work place. To that end,the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence orcomes totheir attention. Discriminatory conduct byanemployee can result in disciplinary action uptoand including termination. Discriminatory conduct means any communication,verbal nrmon' verba|, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity orexpression, national origin, physical or mental disability, sexual orientation,age,marital status,orany other unlawful factor. Alleged violations ofthis section shall not be subject to the grievance and/or arbitration procedure established herein; rather,they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director ufHuman Resources and Risk Management and Internal Affairs. Complaints of Alleged Violations ofEEOC Laws Any investigation into n complaint of Law Enforcement Officer's alleged violation of any provision of law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer: the Director ofHuman Resources and Risk Management. Aosuch,the Director nfHuman Resources and Risk Management shall bcimmediately notified bythe Police Chief(or Acting Police Chief) ofany such complaint/allegation made against aLaw Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources and Risk Management is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties for violating any such provision. The Director of Human Resources and Risk Management shall have immediate access to and shall promptly review the complaint/allegation and any information provided in connection with the complaint/allegation, Internal Affairs investigator(s) shall then confer and consult with the Director of Human Resources and Risk Management on all aspects of the investigation. The Director of Human Resources and Rink Management may be present at any investigatory interview/interrogation but may not directly question a member during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human 3 Page 236Of768 PBA Captains—10/01/2022—09/30/2025 Resources and Risk Management Department shall he immediately referred to the Police Chief(or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112.534, commonly known as the "Police officers Bill of Rights," throughout the investigation. 1 l i 1 E 4 Page 237 of 768 PBA Captains-1o/nz/zuoz-uy/3u/om25 ARTICLE 4 DUES DEDUCTION The City will deduct Union dues from the pay nfany bargaining unit member who voluntarily requests such deductions upon receipt ofa notice from the PBA and approval by the City. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA, This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification ofthe revocation ofthe authorization todeduct bvthe employee. PBA Captains-1o/o1/zozz-ow/m1zm25 ARTICLE 5 UNION BUSINESS Section 1. 0ptotwo (2) elected PBA representatives who are on duty may be granted paid leave to engage in representation activities onbehalf ofthe PBA urany member asfollows: A. Engaging |ncollective bargaining with the representatives ofthe City. B. Processing ofgrievances. C. Accompanying afellow bargaining unit member when: 1. The member iurequired 10appear atahearing related toagrievance. Z. The member ispresenting orresponding tVagrievance. 3. The member is subject to questioning and believes(s)he may be disciplined. The City may negate the member's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The member isattending apre-determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs. However,the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee ofhis orher right Vfrepresentation. /4 PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA, If the leave results in the City incurring overtime directly related to the absence,the City will not approve the request. Section 2' No employee may engage in PBA business or use City equipment or property while on duty except as referenced inSection 1. 6 Page 239Of768 � � PBA Captains-1o/oa/zuzz-oy/30/uozs ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Briefing Room and one in the Support Services Section for the exclusive use of the PBA,for posting bulletins, notices and other union material, The Union will supply locking style bulletin boards, Anotice oritem placed nnthe bulletin board shall bear, onits face,the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims oractions arising from materials placed onthe bulletin board. PBA Captains—10/01/2822—09/30/2025 ARTICLE 7 ASSIGNMENT PAY Section 1. Police Captains, who are assigned by the Chief of Police (or Designee), to serve in the capacity of Acting Major for a period of more than seven (7)consecutive calendar days shall be paid seven percent (7%) above the Captain's regular rate of pay. 8 Page 241 of 768 � PBA Captains-to/oz/2uzz-om/aVuoz ARTICLE 8 VACANCIES AND PROBATION Section 1. Vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge,abilities, and skills. The decision to fill avacant position isreserved tothe discretion ofthe City Manager. Section 2. All newly promoted pu||ce Captains have a probationary period of one /1\ year from the date nfpromotion. Section . During a Captain's probationary period, a Captain is subject to removal from his/her position without statement ofcause. Section . 4 promoted Captain who is removed from his/her position for performance issues unrelated to misconduct during probation shall be demoted to the position of Police Sergeant at previous level ofseniority. If all Sergeant positions are filled, the least senior Sergeant (based on time in rank)will be reclassified toa Police Officer. g Page 242Of768 � � PRA Captains-ao/oq2ozz-ou/mVzoas ARTICLE 9 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the City to direct its employees,take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However,the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions ofany collective bargaining agreement inforce. If the City fails to exercise any one or more of the above functions from time to time,it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. 10 PBA captains-zo/n1/znzz-un/3o/xo25 ARTICLE 10 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 14 day work cycle.The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 80.5 hours in a 14 day work cycle, For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess nf40hours ioa7day work cycle. For purposes of calculating ove,rtime,only hours actually worked, including hours worked for Department authorized training, shall be counted as hours worked. Personal Leave shall be considered hours actually worked for the calculation ofovertime. Overtime pay, when uogranted, will normally becontained in the member's next regular pay check following the time worked. Employees who are in an nn-duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in an on-duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53-7:O7 = 7:00 7:88-7;22 = 7:15 7:I3-7:37=7:30 7:38-7:S2= 7:45 Section . Pursuant to Article 9, it is a Management Right to establish and change the starting and ending times and the number o[hours and shifts tobeworked. Individual work schedules may beflexed (hour for hour) by personnel upon request by the employee and mutual agreement between employee and supervisor. Flexing oftime must occur only within asingle work week. Section 3. No member of the Bargaining Unit shall be required or allowed to work more than eighteen /18\ continuous hours except during a declared emergency orduring an ongoing immediate investigation or when overtime is required to complete an on-duty assignment,i.e. late arrest. Members ofthe Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose ofthis section, work means ll Page 244Of768 � PBA Captains-1u/u1/zozz-o*/mo/2uz regular assigned duties and detail assignments, The continuous eighteen (18) hours does not include time spent in court, depositions,filings, and similar judicial activities. Members who work eighteen (18) hours � continuously within the past twenty-four(24) hours must remain off duty for a minimum ofsix (G) hours. Section 4�' An employee may engage in outside employment, (including off-duty detail or self-employment)with the approval of the City Manager and with the understanding that the employee's primary duty, obligation, and responsibility is0mthe City. outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City workschedule,or otherwise be a conflict with the employee's employment with the City. Torequest approval, anemployee should: (a) File an "Outside Employment Request Form &Affidavit" with the Human Resources Department through NeoOov^seFnrnnsself-service portal. The employee must notify the Human Resources Department ofchanges |mconditions ofany outside employment. Additionally, the employee's chain ofcommand must bealerted atthe time the request issubmitted. (h) Make arrangements with the outside employer to be relieved from duty if called for work by the City. /d Anemployee must report all injuries sustaimedduhnganyoutsdoennpkoymenktotheemnp|oyee/s supervisor and Risk Management prior to the employee's next s�hedo|edwork day atthe City. 4memployee's failure tVreport aninjury susta|neddurin8uutsideennp|oynoemtshaObe8nuunds for corrective action. 12 Page 245Of768 PBA Captains—10/®1/2822—09/30/202.5 ARTICLE 11 WAGES Effective and retroactive to October 1, 2022,'the following Step Pay Plan is in effect. Each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Captain to a maximum of Step 3. on the anniversary date of the member's promotion to the rank of Captain, (s)he will advance to the next step. There is no payment or advancement beyond Step 3. Retroactive pay will be issued the first full pay period following ratification of this Agreement. w Salary 135,90[ $ 139,917 $ 144,055 j All captains at previous step 0 will be placed in step 1, retroactive to October 1, 2022, 13 Page 246 of 768 � � � � PBA Captains-sn/01/zooz-oo$o/zoa5 ARTICLE 12 SENIORITY Section 1. Seniority shall hecomputed from the date ofpromotion tnCaptain. |ftwo /2\ mrmore Captains have the same date of promotion, the date of initial appointment to the service of the City as,a Police Officer shall bethe determining factor. Section . Seniority shall accumulate during all authorized leaves. Sectionl3' Departmental operations shall be the determining factor for the selection of vacations and overtime assignments. Sectionl4.' The City shall have the right to determine the number of Captains assigned to each division and each shift. Section . For layoffs and other non-disciplinary reductions in personnel, Police Captains will displace lower ranking officers inthe event that the department isrequired tolayoff personnel. For example: ifoPolice Captain's position is to be abolished,the incumbent with the least seniority in the rank of Captain would displace a Police Sergeant. 14 Page 247Of768 PBA Captains-1o/oz/2ozz-uy/ao/20as ARTICLE 13 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time A. Bargaining unit members may be eligible for compensatory time accrual atthe discretion of the Police Chief(or Designee)for participating in required educational and/or required training activities, special projects, and/or events. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following: L All compensatory time will be earned/accrued at the rate of one and a half(1.5)times for each one /1\ hour worked [in quarter (0.25) increments] and with a maximum accrual cap oftwo hundred forty (240) hours. ||. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the member is no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (19S) hours. The member isalso required to schedule and use a m|ninnonn of forty-six /46\ compensatory time hours within the next one hundred eighty (180)days. iii. In the event the member fails to schedule and take a minimum of forty-six /46\ compensatory hours during the one hundred eighty (180) day period, dates will be scheduled by a Command Staff member and required to be taken as scheduled. iv. Reasonable compensatory time requests of one (1) day that are denied for operational reasons will be considered for payout up to three (3) times during each fiscal year. 8. A bargaining unit member who is promoted to a position outside of the Police Captains' bargaining unit,orwho separates from employment will be paid the balance of all unused compensatory time at his/her last hourly base rate of pay in the Police Captains' rank. Section 2. Call Back A. A Police Captain who is called to return to work after completing his/her scheduled shift and hes left the work place of the City, shall be paid at the rate of time and one-half (I- 1/2)the regular rate for hours worked with a minimum of three (3) hours. 1'1/2)thereguUarrateforhoursvvnr&edwithamlnimoonmmf1hree /3\ hown. B. A Police Captain called back to work who is on an authorized leave shall be paid at the rote of time and one-half (1-1/2) the regular nate for hours worked with a minimum of three (3) hours, Such employee shall not hecharged leave for any such hours worked. C. The three /3\ hours minimum call-in pay provision shall not apply in those instances wherein the overtime commences one and one-half(1-1/2) or fewer hours prior to and runs continuously into the employee's regular shift; or the employee is called back to work to rectify his/her own error or omission which cannot wait until the employee's next shift. |msuch instances, the employee shall becompensated for the exact hours worked a1the appropriate rate. 15 Page 248 Of 768 pmxcanm|m-uo/ 1/2022-09$0/2025 Section 3. Stand-By/On Call Pay A. Employees directed to be on operational stand-by status or on call must be able to respond to specified location on duty within one (1) hour and shall be compensated for one hour at time and one half(1.5) the employee's regular rate of pay for each day (24-hour period) on call. D. In the event a bargaining unit memberwho is not currently on-duty and is required to respond foram on-call assignment, the bargaining unit member shall receive, additionally, Call Back pay asprovided inSection 2Amfthis Article. L No member will be placed in an on-call status without the approval of the Chief of Police or his/her designee. D. if Police Captain on standby status cannot be reached orfails to report tawork as directed, standby pay shall not be paid, and the Police Captain shall be subject to appropriate disciplinary action. Section 4. Court Time A. Court time will be paid at time and one-half when the officer is not on their regular assignment. Acaptain oncourt time will becompensated aminimum ofthree (3) hours attime and one-ha|f, and for every remaining hour after the initial three (3) hours atthe same rate aftime and one-half(1.5). B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight(8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments, When anemployee iurequired tostand byfor eight /8> hours, the employee shall receive four /4\ hours plus one /1\ additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section Aand not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the courthouse and submit documentation iothe Department. D. If a court appearance is contiguous with the end of the Captain's shift,court time shall be compensated inaccordance with subsection 4/A\ above. Section 5. City Business outside mfPalm Beach County The City agrees that if any member is required to be out of Palm Beach County to attend court proceedings as a representative for the City,seminars, or for any other reason as a result of his/her official City duties as police captain, (s)he will be paid his/her regular rate of pay, or overtime rete, as applicable,for each day nrpartial day required for said purposes. Any travel outside of the State of Florida requires the City Manager or designee's written approval prior to the purchase or payment of any fees for registration,travel, and/or accommodations. 16 Page 249Of768 PBA Captains-1e/u112uoz-os/m0/zo2s Section 6. Language Proficiency Incentive Following the date of ratification, members who are prof icient/f luent in speaking, reading, writing, and understanding oral communications in the languages of Creole or Spanish and who have successfully passed a language proficiency test through a vendor approved by the City and the Union are eligible to receive nLanguage Proficiency Incentive'uffifty cents($0.5O) per hour. The language proficiency incentive will be included in the definition of pensionable earnings(total cash remuneration), as permissible. I7 Page 250Of768 Poxcapulm-zo*u/zo z-ny/om/ooz ARTICLE 14 UNIFORMS Section 1. The City will provide up to three /S\ full uniform sets per year and one (1) pair of shoes every six (G) months per fiscal year. Purchase nfshoes shall belimited to$1S0.08per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate,as determined by the Police Chief (or Designee), and if adequate funds are available in the City Budget. Members of the bargaining unit will receive anannual clothing allowance of$l,60U.0Upayable the first full pay period in November ofeach year ufthis agreement. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief nƒPolice. The Captain claiming ereplacement will Uerequired toinclude, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date ofassignment nn a pro-rated basin. Captains assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro-rated thereafter. SectionL3. The City will bear the cost ofcleaning ten /10\ issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, totake their uniforms only tothe approved dry-cleaning establishment in Boynton Beach selected by the City. Members assigned toplain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit. This will bepaid at the end ofeach quarter nfthe contract year. This allowance shall commence from the date ofassignment on pon'ratedbasis. 18 Page 251Of768 � PBA Captains-1u/oz/2ozx-uy/3o/oo s ARTICLE 15 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS Section 1. Physical Evaluation Members of the bargaining unit may voluntarily participate in any LifeScan exam that is provided to other PBA units. In order to participate, a member must notify the Director ofHuman Resources and Risk Management by email no later than 1m|y I" of each year of this agreement. Should a member elect to participate,the following provisions will be in effect: A. It is the responsibility of the bargaining unit member to ensure that this annual physical evaluation and all follow-up testing required solely asa result nfbeing found "unfit for duty" byamedical doctor are completed inatimely manner and nsscheduled. B. Members who require medical fu|Kovv up as a result of being found ~unfit for duty" will be place ina "no work" status. Compensation for time ina "no work" status will bethrough the use of only accrued and unused sick leave, compensatory time, and vacation leave /in that order). if all aforementioned leave time is exhausted, the bargaining unit member will be placed ioanunpaid status until such time that the full evaluation and any required follow up is completed. C. Records associated with this physical evaluation and anyfollow up evaluations required solely in connection with the return to work nfan employee who was found to be "unfit for duty" are provided tVthe Director ofHuman Resources and Risk Management,who will ensure the records are properly maintained inthe employee's confidential medical file,vvh|oh is separate from the employee's personnel file, Further, an employee who was found to be "unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FML4, and/or Workers' Compensation. Section 2. Immunization The Qty shall provide opportunity for members to receive immunizations during the term of this Agreement for all members asameans nfprotection from the following: * Hepatitis-Type B: Available toall bargaining unit members o Members who refuse to be immunized for Hepatitis Type 8 and who later contract that disease shall not be presumed to have contracted the disease while on duty. * Nepat|tio-TypeA: Available tnall bargaining unit members. o Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. * The City shall offer flu shots for all members axa means of protection from contracting the flu while working during flu season. 19 Page 252Of768 pmACaptains-1o/oz/2n2z-uo$o/unzs Section 3. Other Testing • The City shall provide lead testing for Range Instructors. m The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations mrpersons presenting such biological contamination threat. Section 4. Exposures The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures inthe line nfduty. 20 Page 253Of768 � � PBA Captains-1n/nz/2ozz-uy/3o/zozs ARTICLE 16 GROUP INSURANCE Section 1. Medical,Vision and Dental Insurance The sole medical benefit plan available to employees will be a High Deductible Health Plan /H0MP\. The cost for"employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost ofcovering dependents nnthese plans. The City Commission,through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children ontheir City medical plan. Any subsidy offered does not extend beyond the plan year for which it is budgeted,and the offering of,and/or amount of, any such subsidy|snot subject tonegotiation. Insurance:Medical Contributions:HSA The City will contribute an annualized total of one thousand five hundred dollars /$1,500.00\ into a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 1umfeach year mfthis Agreement. Leave Time Conversion to . The City will provide opportunities to convert an annualized total of up to one thousand five hundred dollars ($1,500.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate Lohelp fund their HSA. This conversion can bedone atthe following times each year pf this Agreement: |. Upon ratification. ih. January lst-Janmary31st(any amount uptoanannualized total of$1,5U0.O0). iii. April 1st-Apri| 3Oth (any amount uptoanannualized total of$1,50O.O0\. |v. October 1s1-Novernber15/h (any amount uptoanannualized total of$1,SO0.O0). V. "Annualized" means plan yea//cmntractyea//fisca| year (October 1st through September ,� 3Up ). Section . Insurance:Life Bargaining unit members are provided with a sixty thousand dollar($60,000)term life and accidental death policy with the premium paid by the City. 21 PBA Captains-1o/o1/aouu-oo/ao/zozs ARTICLE D LEAVES Section 1`. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status nftwenty-four /24\ or more hours in awork week. No member may use more vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual nfvacation hours based onyears nfservice: Years of Service Vacation Hours 1year 96 2yenn 120 3years 120 4yeao 128 5years 136 6yenrp 144 7years 152 8years 160 9years 16& 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 191 19 years 192 20 years 192 2lyears &after 200 2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum:the total vacation hours(s)he accrued in his/her two(2) most recent years of employment. During the fiscal year,vacation hours may accrue beyond the Allowable Maximum;however,any accrued and unused vacation hours exceeding the AllowableMaximum on September 301h of each year will beforfeited. 8. Requests: 1. Vacation requests may be submitted from 14 45 days in advance for vacation. In the eventof conflicting requests for vacation dates,the senior member's request shall prevail provided the more senior member's request was submitted thirty (30) days prior tothe 22 Page 255Of768 PBA Captains-zo/V//20ur-oe$o/n02s clate(s) requested. 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice. 3. All other requests submitted with less than thirty (30) days ofnotice obaH be on a first come first serve basis regardless ofseniority. 4. Request for emergency vacation leave will considered individually by the Chief. S. A bargaining member who is absent without approval will not be compensated for the time absent and may besubject todisciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight /&\ Bonus Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives. Details of each quarter's incentive program benchmarks will be provided and published. D. Selling Back Vacation Hours* Members are eligible to sell back up to eighty /80\ hours of vacation leave each year of this agreement. Members must submit a request for vacation sell back through Neogov's self-service portal nnlater than August V"oteach fiscal year for which payment will bemade inSeptember. Section . Sick Leave A. Accrual: Bargaining unit members will accrue sick leave on a bi-weekly basis(3.69 hours)for an annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave in n work week, a member must have been in an active paid status of twenty-four(24) hours or more. No member may use more sick leave than (s)hehas accrued. B. Notice of Use of Sick Hours: Unscheduled Sick: A member shall notify Ns/her immediate supervisor ordesignee, in a manner provided for by management,of his/her illness not less than sixty(60) minutes before the start nfhis/her scheduled shift. |fpmember fails incall inwithin the specified time,the member may besubject tnprogressive discipline. This notice procedure shall bpfollowed for each day the member iaunable to report to work unless the member has been authorized by Human Resources and the City Manager for anextended leave ofabsence. Scheduled Sick: A member may request, with a minimum of forty-eight /48\ hours of advanced notice, to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay code must be provided with payroll. Unsubstantiated use ofsuch time will result inthe time being recndedtn "nick." 23 Page 256Of768 � � PBA Captains-1u/os/7ozz-no/3o/2nzs Sick bnmm may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons: 1. Member's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the member's parent, spouse, orchild. 2. Medical, dental, or optical treatment that is determined in writing by a physician tubenecessary and must heperformed during working hours. 3. Quarantine due toexposure tocontagious disease. 4. In connection with a member's Workers'Compensation case,where(s)he has declined a light duty assignment or where no such assignment is available. S. |nconnection with an approved Family and Medical Leave Act (FK0LA) leave for a serious medical condition of the member, or the member's immediate family member, asdefined in (FK4LA). The following conditions may be deemed as excessive/abusive use of sick leave and may result in a referral to Human Resources for FK0LAand/or progressive discipline: 1. Members who have developed apattern ofsick leave usage. 2. Members who are required to use vacation leave in ||cu of or in supplementation ofsick leave tocompensate for absences(except approved FML4\. C. : For any use of sick time in excess of three f3\ consecutive work days, a member is required to provide written medical certification to the Human Resources and Risk Management Department upon return towork. "Consecutive work days" means any day for which a member was scheduled to work, including additional or"ove,tinoe" shifts. D. Payout of Sick Leave 1. Members who are terminated from the City are not eligible for a payout of sick leave. 2. Members will have payment made for their accrued and unused sick hours, at the percentage specified inthe table below, upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement asdefined in the appropriate Pension Plan). Continuous Years of Service Percentage of Sick Leave Payout Less than Sfull years 0Y6 years but less than 10full years 25% More than 1Afull years 5094 Upon retirement from the City 50%, 24 Page 257Of768 PBA Captains-/o/0z/000-vo/o01zozs 3. An employee retains his/her accrued and unused sick hours while employed in a full- time position with the City, |fanemployee's status converts toapart-time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant 1othe aforementioned table. � E Sick Leave Conversion: Members who have more than one hundred twenty(120) hours of sick leave as of September Vt of any cont/act year may convert 50Y6 of the excess over one hundred twenty (120) hours to a cash straight time payment not tuexceed eighty/8O\ hours. This conversion payout will occur by September 301h. F. Sick Leave Donations: Sick Leave Donations are available pursuant bmCity policy. Section 3. Personal Leave At the sole discretion of the Police Chief (or Designee), a member may be granted up to eighty (80) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and the Police Chief's approval ofordenial pfsuch leave [snot subject togrievance. Section 4. Bereavement Leave In the event a member has experienced the death of his/her mother, father, foster parent, step- parent, brother, sister, husband,wife, registered domestic partner, son, daughter,grandparents, grandchildren, mother-in-law, tatbep|n-|4vv, sister-in-law or hrnthepin |avv, or grandparent of spouse or registered domestic partner, a rnennbar may use paid compassionate leave not to exceed three (3)consecutive shifts for any one death. However, ifitisnecessary for the member to leave the State in connection with the internment ofthe deceased, the member may use an additional two(2)consecutive shifts, Members must submit proof ofdeath within thirty/30\days in order to be eligible for paid compassionate leave, The City Manager may grant additional compassionate leave athis/her sole discretion. � 25 Page 258Of768 � PBA Captains-xu/n1/znzn-no/mV2oa ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the following mannerfor each year of this Agreement: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date.This payment is for the following holidays: oVeterans' Day nThanksgiving Day oDay After Thanksgiving oChristmas Eve oChristmas Day mNew Year's Day B. The second paycheck in January, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date.This payment is for the following holidays: oMartin Luther King,Jr. Day oPresidents' Day uMemorial Day o]uneteenth oIndependence Day oLabor Day Section 2. 8orga|o(mg Unit Members must have been actively employed on the paycheck date in order toreceive the Holiday Pay inSection 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday.This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro-rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 1st and January 1st, /s>hevviU receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively ennp|mVod' Section 5. There is no additional pay, premium or otherwise, for time worked on City observed or actual holidays. 2� Page 259Of768 pumcavmms-10/01/2022-09/30/202 Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on � City-observed mractual holidays. Section 7. Members with nom-road patrol assignments whose scheduled work day falls on a City- observed holiday may have the following options (based upon scheduling approval of Supervisory Chain ofCurnmoanU): a\ Work on the City-observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City-observed holiday and request to use paid leave (such as available comp time nrvacation leave)tobecompensated for the hours, mr c\ Not work um the City-observed holiday and he in an unpaid status for those hours ' (absent any request tuuse available paid ieawe), or d)With advanced agreement and approval from supervisor, a non-road patrol member may flex his/her schedule during any work week in which there is a City-observed holiday. Z7 Page 260Of768 � puxcoptaim,-umtz/z zz-ny/,3m/uozs ARTICLE 19 FUNERAL EXPENSES Section I. The City will make a payment of fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall complete the appropriate form to designate by name and address, the individual tnwhom such funds are tobepaid. |nthe event ofconflicting claims for payment,the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty(68)calendar days. 28 Page 261Of768 PBA Captains-zo/nz/2uzz-oo/3m/mzs ARTICLE 20 TRAINING Section 1. a. Mandatory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half (1.5) times the officer's hourly base rate for actual time in training. Compensatory time in lieu of overtime may be authorized by the Police Chief(or Designee). b. Conferences,Seminars, Other Training/Special Programs Other off-site training/special programs, including but not limited to conferences and seminars, for which the City approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for ho�urs of actual classes while in attendance and for any hours the member is attending that were regular scheduled work hours, The City reserves the right to flex o member's work schedule to reduce the cost nfovertime that may result from amember attending such classes onnon-scheduled work days. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. |fthe officer does not qualify inthree attempts, they will be required to qualify ontheir own time and expense to remain eligible for employment aslaw enforcement officers, Section 3. College Tuition The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program, which is attached as Addendum "C.° The provisions ofthis Section and Addendum °C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Cove Courses. For the term of this Agreement,Tuition Assistance is funded at forty thousand dollars($40,000)per fiscal year and covers members ofall PBA units. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable tnmembers ofany PBA bargaining unit. Section 4. The City reimburse members for authorized expenses associated with attending training and special schools asapproved bythe Police Chief. 29 Page 262Of768 PBA Captains-xn/o1/zozz-oo$o/zoos ARTICLE 21 � REPRODUCTION The City will post the Agreement on the City's shared network drive or any other electronic distribution system. 30 Page 263Of768 / po*Captains-1u/u*zoao-oo/nu/un5 ARTICLE 22 PERSONNEL RECORDS Section 1. A personnel file for all [by employees is maintained by the City's Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2' Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. AM bargaining unit members covered bythis Agreement must be notified within twenty-four (24) hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality ofthe investigation iorequested. 31 Page 264Of768 rnAcavtam`-10/01/2022-09/30/202 ARTICLE 23 LEGAILACTION Section [. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member |so named party and wherein the alleged damages were allegedly caused bythe actions ofsaid member while acting within the scope ofhis/her authority and within the course ofhis employment. Section 2' The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3' The City will select the Attorney xvhoUotodefendtheemp|oVeere|etivetoth|sArtide. Section 4' The employee will beresponsible for filing any counterclaims athis/her expense. 32 Page 265Of768 PBA Captains-un/o//2nzz-ny/3o/znzs ARTICLE 24 DISCIPLINE Section . The Parties recognize that the interests of the community and job security of the bargaining unit rmennheo depends upon the City's success in providing proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when oA employee's conduct and job performance are inconsistent with said goals. Section . No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending mnthe severity ofthe offense,the first action may be at any appropriate level including dismissal. A. VV[|1t2nNotice/Rcprinnand B. Unpaid Suspension C. Demotion D. Termination Discipline is classified as either major or minor, as follows: MAJOR DISCIPLINE isa/D\: v Unpaid Suspension ofmore than sixteen (16) hours; * Demotion, or; w Termination. MINOR DISCIPLINE is a(n): * Written Notice/R8phmand, or; w Unpaid Suspension of sixteen (16) hours or less. Any bargaining unit member who has been promoted, and who thereafter is demoted, shall be returned to the position and shift(s) he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Boynton Beach Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit asprovided above shall beplaced iDtheir respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department atthe time of demotion. Section 4. NV Employee shall be subject to major discipline without first being afforded a pre-determination conference with the City Manager. Nopre-determination conference shall be conducted with less than fifteen (15) calendar days' notice to the Employee. 35 Page 266Of768 PBA Captains-uVm*ma-09/30/20m Section . Unpaid suspensions will be imposed in increments of eight (8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing asuspension. Section . The City will provide notice tothe PBA when it oVOop|ctes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. 34 Page 267Of768 PBA Captains-xo/n1/zozz-o9/un/anz ARTICLE 25 APPEALS OF DISCIPLINARY ACTION Appeals ofdisciplinary action shall be handled as follows: MINOR DISCIPLINE: Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the Grievance Process pursuant toArticle 26. A. Written Notices/Reprimands may be submitted for review by the Chief of Police as follows: 1. Member must submit awritten response tothe Written Notice/Reprimand (email is acceptable) to the Chief of Police, with 8 copy to the Director of Human Resources and Risk Management, within fifteen (15) calendar days of issuance. 2. After review of a member's written response and within fifteen (15)calendar days, the Chief ofPolice may rescind the Written Reprimand. The Chiefs determination will beinwriting (email lsacceptable) tnthe member, with acopy tothe Director of Human Resources and Risk Management. The Chief's response may simply state the determination outcome. 3. The Director ofHuman Resources and Risk Management will ensure the member's employment file contains the originally issued Written Notice/Reprirnamd, the employee's written response, and the Chief ofPolice's determination to sustain, reduce, orreject thedisdpUne. 4. Alternatively, a member is permitted to provide a written response to the Written Notice/Reprimand to both the Chief of Police and the Director of Human Resources, up to 90 days following its issuance for inclusion in his/her employment file. However, the Chief of Police will not consider reducing or rejecting discipline from any written responses received after the deadline as stated above inA/l\-/S\. B. Unpaid Suspensions of sixteen /26\ hours or less (following pre-disciplinary meeting under Chapter 112, Florida Statutes) may beformally appealed tothe Chief VfPolice, whose decision shall be final. Amember may submit awritten response to be included in his/her employment file. l. Following the initial pre-disciplinary meeting and receipt of final discipline, an appeal shall be filed in writing via electronic mail to the Chief of Police and the Director of Human Resources and Risk Management within fifteen /15\ calendar days of notice of the unpaid suspension. 2. The Chief ofPolice shall render decision within fifteen /1S\ calendar days ofthe appeal. 3. The Chief ofPolice's decision may betosustain, fully reject, o[ |essenthediscipUne. The Chief of Police (or Designee) may, at the request of the member, conduct interviews with 35 Page 268Of768 PDA Captains-zo/o1/znn -na/3w/zous departmental staff or members of the bargaining unit as part of his/her formal review of the discipline and of alleged violations of this Agreement and/or Chapter 112, Florida Statutes, if applicable. MAJOR DISCIPLINE: A. Pre-DisciplinaU Meeting with the Chief of Police under Chapter 112, Florida Statutes: l, Following the initial recommendation of discipline, members may schedule and attend a Pre-Disci p(inary meeting with the Chief of Police, pursuant to Chapter llZ, Florida Statutes and vvhhi0 thirty (30) calendar days of the issuance of Major Discipline. This request must be in writing (e-mail is acceptable) to the Chief ofPolice with a copy tmthe Director of Human Resources and Risk Management. 2. After the meeting, if one is requested, or after receiving the member's written statement in lieu of meeting,the Chief ofPolice will render his final disciplinary decision within fifteen /l5\ calendar days. 3. if a member does not request and attend a pre-disciplinary meeting with the Chief of Police, or does not provide a written statement in lieu of meeting,within thirty (30) calendar days of the initial recommendation of discipline, then the Chief of Police's initial discipline recommendation will stand. However,the member may opt towaive the meeting with the Chief ofPolice and proceed directly tothe Predetermination Conference with the City Manager. B. Predetermination Conference with the City Manager: 1. Prior tnthe imposition of Major Discipline, a noernbe[ may elect to participate in a Predetermination Conference with the City Manager. The member must request a conference with the City Manager within fifteen (15) calendar days of the final determination by the Chief of Police. Z. Members will have aminimum offifteen (15) calendar days' notice o{the date of the Predetermination Conference. 3. The City Manager will render disciplinary decision, which iyfinal, within thirty /50\ calendar days of the predetermination conference. C. : Following a Predetermination Conference with the City Manager, if the final recommendation of discipline remains as Major Discipline, then the matter may be referred directly to Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article 26, 5.A. 36 PBA Captains-zu/o1/zvz -um/3nyxnuS ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance,as used in this Agreement, is limited to a complaint or request of a bargaining unit member orthe PBA which involves the interpretation or application of, orcompliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth inArticle 26. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Section 4. All references to ''days'~ inthis Article shall mean calendar days. Section 5. Procedures A. Grievance Procedures Step LOne—Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth /15 th\ day of the occurrence or on or by the fifteenth (15t ) day of when the employee(s) knew or should have known ufthe occurrence. All grievances shall include the following: a. Statement ofthe grievance and the facts and circumstances upon which itis based; b. Name and rank of8hcwant/d; c. The Article(s)and Section(s)of the Agreement alleged to have been violated;and d. The remedy requested; All class action grievances shall also include: a. Statement indicating the grievance is o class action; and b. Signature of PBA Union Off ioia|/Attoroey. The Police Chief's Step One response shall be transmitted to the Union and to the Director of Human Resources and RiskManagement on or by the tenth (lot") day of receipt of grievance. If the Police Chief does not respond in writing via electronic mail,the grievance 37 Page 270Of768 PBA Captains-zm/oz/2muo-oo/ao/uus is presumed to be denied and the employee or an Association representative may advance the grievance tnStep Two. Step'Two—City Manager(or Designee) If no resolution is reached at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management onorbvthe fifteenth(1Sm)duyofrecelptofthePoliceCh|ryx5tep One response. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant/s\, the Union representative(s), members of the bargaining unit, and/or management todiscuss the grievance. The City Manager (or Designee) must notify the Union and Grievant within seven (7) days ofreceipt mfthe Step Two grievance if (s)he intends to conduct interviews. Once such notification is made, the time period for the City's Step Two response is tolled with mutual agreement by the Union until the interviews can bescheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty (30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date. Ufthe City Manager(or Designee)does not respond in writing via electronic mail, the grievance is presumed to be denied and the aggrieved employee oranAssociation representative may move tothe next step. Step Three—Arbitratioo If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's /or DesiQnee's1reply orwhen areply was due, ifnone issubmitted. Following a Predetermination Conference with the City Manager under Article 25, appeals of disciplinary matters continue at this Step of the Grievance Process. Notices to the City under this section must be sent to the City Manager and to the Director of Human Resources and Risk Management, and electronic mail is sufficient. Notices tothe PBA under this section must besent tVthe assigned PBA attorney, with acopy toPBA President. B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association /44A\ or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (1511) day deadline, and acopy shall be sen/ed nmthe other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will begoverned bythe terms ofthis Agreement. 38 Page 271Of768 PBA Captains—10/01/2022—09/30/2025 1.. Arbitrator selection Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense. The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. 3. Arbitrator Authority and Award The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any,or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty(30)days of the receipt of briefs, if any,or receipt of the transcript If Parties have agreed to submit the arbitration transcript in lieu of briefs. 4. Other Provisions A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA share not to exceed $500.00. f Briefs, if any, must be filed with the arbitrator no later than thirty(30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. I By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. a A probationary employee may not grieve any matter concerning assignment,or discharge for reasons of failure to meet performance standards. 39 Page 272 of 768 PBA Captains—10/01/2022—09/30/2025 ARTICLE 27 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by the Internal Revenue Service (IRS), excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article,the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 40 Page 273 of 768 PBA Captains-xo/o*2o2z-ou/a0/xozs ARTICLE 28 DRUG TESTING The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit employees are subject to random, reasonable suspicion, and post-accident drug testing. TheUrugFreeVVorkp|aoePoUcyapprnvedbytheCityandthePBAiso\tachedasAddendunn "A." 41 Page 274Of768 PBA Captains—10/01/2022—09/30/2025 ARTICLE 29 RESERVED i N y I 1' I' 42 Page 275 of 768 PDA Captains-1G/oz/onz2-oo/ao/aos ARTICLE 30 COMPLETE AGREEMENT AND NON-WAIVER PROVISION Sectioni1, This Agreement is the complete Agreement between the parties cancels all prior practices and agreements(including the CBA in control from 2021 through 2024),and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining omit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel Policy Manual and not under any Civil Service Rule/Regulation and heretofore inexistence. (a\ When the City intends to make changes to City or Departmental Administrative Rules or ' � Regulations, or Procedures, the City will provide written notice to the PBA. This notice will include a description ofthe change and an implementation date which shall be no less than thirty (30) days from the date of notice. /b\ If the PBA believes that that modification constitutes a change to wages, benefits or conditions ofemployment, PBA will have fifteen /15\ calendar days from date of notice to advise the City if the PBA is requesting pre-implementation or post implementation impact bargaining and toidentity with specificity the manner in which the modification affects the rights ofits members. The PBA response shall include 3 dates and times when the PBA is available to meet with the City to discuss/bargain the modification,excluding dates in the first 10 days following the PBA request. When bargaining is requested, it shall begin no less than 10 days following the PBA's request and shall be concluded within 14 days following the first bargaining session. (c) This provision is not a waiver, restraint or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public,and exercise control and discretion over its organization and operations. Further, this provision is not o waiver ofthe City's rights or the PBA,s rights under Chapter 447, Florida Statutes. Section 3. Nothing in th,is Agreement shall be construed or interpreted as a waiver of the PBAs right to request bargaining orimpact bargaining. Section . Nothing in this Agreement shall be construed or interpreted as waiver or limitation on the City's management rights. 43 Page 276Of768 PBA Captains-1o/u1/zna2-as13o/zozs ARTICLE 31 SEVERABILITY Section 1. |fany provision ofthis Agreement isfound tobeinvalid hvany courts having jurisdiction in respectthereof,such findings shall not affect the remainder of this Agreement,and all otherterms and provisions shall continue infull force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations ofareplacement Article orSection. 44 Page 277Of768 � PBA Captains-1u/n1/znaz-oy/3o/2aus ARTICLE 32 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain imeffect until September SO, ZQ25. Nobase wage increase, step, cost of living,or other compensation adjustments,except increases resultingfrom an assignment,shall be paid beyond Septembei-30th of each year,except as provided in a subsequent Memorandum of Understanding urCollective Bargaining Agreement. 45 Page 278Of768 PBA Captains-za/o1/ona2-oe/aVzoz ARTICLE 33 TAKE HOME VEHICLES Section . The City agreestVcontinue the take home vehicle program dU[|ngtheterm ofthis Agreement and to purchase as reasonably as possible the number of vehicles sufficientto supply eligible members ofthe bargaining unit. Section . Eligibility: • Members are eligible for aTake Home Vehicle provided they: V Have successfully completed Field Training, and o Have not had their police powers suspended. • Members who are on modified/light duty related to a workers' compensation claim who do not have driving restrictions are eligible based upon availability of an unmarked vehicle. • Members who are on modified duty related to a non-work-related injury or temporary disability may be provided with an unmarked vehicle based on availability and seniority (|O number), provided their work restrictions do not prohibit driving. Section . Vehicles will be assigned on the basis of seniority (by |D number), with seniority bumping rights for Members transferred to patrol. Section . Captains may use their assigned unmarked vehicles on duty and Off duty, anywhere in the State of Florida. All such time shall be covered by City insurance, unless the nnernhe[ is engaging in acts of bad faith, malicious purpose, or wanton and willful disregard of human rights, safety, orproperty. Section . F.S. 627.7491 — Official (avv enforcement vehicles; motor vehicle insurance requirements: This statute took effect on July l, 2023 and requires police departments to maintain auto insurance coverage to covertheir vehicles when an officertravels to orfrom work in a take home vehicle. The City has the necessary insurance inplace tocomply with this statute. The coverage must also cover the time an officer travels to and from any other work assignment in the take home vehicle. However, there are two exceptions: 1. Coverage is not required if the officer makes any "distinct deviation for o nonessential personal errand." a. The City and Union define "distinct deviation" as any personal use of Take MQnle Vehicle other than de rn/nbn/s use along the member's normal commute route. For example, stopping at a convenience store, bank, or fast food restaurant that isQnamember's reasonable commute route isconsidered de[ninbnis. 46 Page 279Of768 PSA Captains—10/01/2022—09/3012025 2. Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property." 1 I' Page 280 of 768 � PRA Captains-1n/o1/zozz-nu$u/zo2s ARTICLE34 OFF-DUTY DETAILS All off-duty details(worked performed for asecond party employer) require prior written approval hvthe Chief ofPolice (or Designee\. Police Department Index Code 712 applies except as modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited from participating|nthe off-duty details program. The City will continue coordinating off-duty details. The net rate ofpay for off-duty details paid tnthe officer will be set by the PBA, but no less than fifty dollars ($50.00) per hour with a three /3l bnwr minimum. PBA may change this rate at any time with a minimum of fifteen (15) calendar days of written notice tothe City. The City will act as the conduit for payment for off-duty details from the second party employer to the officer. Payment to the officer is contingent on collection from the second party employer. Any payments for off duty detail work performed on behalf of a second party employer shall not be considered compensation for pension calculation purposes». Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage,the City shall receive $7.00 dollars per hour for every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty detail when it interferes with his/her normal working hours. No swap of time is permitted to accommodate anoff-duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on-duty activity. Any police officer who is on sick leave, workers' compensation or working light duty will not work any off-duty detail during that period. 3(4)"Compensation'or"salary"means,for non-collectively bargained service earned before July 1,2O11, urfoxservice earned under collective bargaining agreements inplace before July 1,2oz2,the total cash remuneration including°bme,time^paid uy the primary employer wopolice officer for services rendered,�ut work perlFormed on behalf of a second narty employ §z85.82,FimStat.Ann. ooPension Code:Compensation o/salary. The total cash remuneration including lump sum paymentsfor accumulated sick and vacation leave and"overtime"paid by the primary employer to a police officerfor services rendered,but not including any payments for extra dutv or a special detail work performed on behalf ofa second party e player paid directly to the po officer by the second pqLty_e�, 48 Page 281Of768 PBA Captains-zv/o1/oozz-oy/uVzuzs Any police officer on leave due to disciplinary matters shall not work off-duty details during the period of that suspension orremoval from active duty. Any police officer may not work more than txvon:v-huur (24) hours of overall off-duty details during any seven /7i day work period. Exceptions are granted when officer is on vocation (for a minimum of forty (40) consecutive hours); then the twenty-four (24) hour limitation may be exceeded. � The Police Chief may suspend an employee's right to work off-duty details as a component of disciplinary action or as a component of a Performance Improvement Plan as a result of a conduct violation committed while on on off-duty detail. All Bargaining Unit Members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to anoff-duty detail shall comply with all current City and Department policies and procedures ineffect. 49 Page 282 Of 768 PRA Captains-1u/o1/2ooz-uy/3o/2o25 ARTICLE 35 PENSION Section 1. Recent Historical Changes During Bargaining ° Bargaining Unit Members hired on orafter October 1, 2015 will have o pension multiplier of three percent(3y6). a The vesting period for Police Officers and Detectives hired on or after October 1, 2016 is ten (10)years. ° Upon ratification ofthe Agreement ending September 3O, 2019, the City and the Union conformed tothe statutory requirement to negotiate provisions ofSD 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union vvmw|d pay the City n total of$60,000 in $30\000 increments in November 2017 and November 2018. 9 Mutual Consent Agreements, which provide that the City will receive a total of $90,000 in $30,UOQincrements inNovember 2019, November 202Q, and November 2U21, (sahsNed) and a total nf$1SO,ODOinNovember nfyears 2O22, I023, and 2O24. * Employees hired on or after October 1, 2019: Normal retirement-the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age - Eliminating the S0years nfage with 1Syears ofcredited service. ° Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement- 5Oyears ofage with 10years ofcredited service. * ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all cases,the benefit |satleast 2.7S%for each year ofservice. ° ALL: Member Contributions toward Base Pension Benefit Additional U.S96pension contribution from all employees (excluding DROP participants) each fiscal year of the 2019-2022 Agreement- Monies must be utilized for Unfunded Actuarial Accrued Liability(UAAL). Satisfied -no additional contributions. Pension ordinance, updated asnfOctober 2022, currently governs. Section 2. Agreed Changes During Bargaining of Current Agreement ° DROP-Effective October 1,2022,all active members are eligible to participate in an eight(8)year DROP with a seven percent(7%)guaranteed interest rate on their full DROP balances. Members are required to resume contributions at three percent (3%) for years six (6) through eight (8) of the DROP, if they opt to participate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required tnseparate from service prior to October 1, 2012. 50 Page 283Of768 PBA Captains-1o/0u/zoz2-oo/aVzozs ARTICLE 36 NO STRIKE OR LOCK-OUT SectionlI. "Strike" means the concerted failure toreport for duty,the concerted absence nfCaptains from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Captains from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of e work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section . Neither the Union, mor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike,sympathy strike,slowdown,sick-out,concerted stoppage of work,illegal picketing,or any other interruption nfthe operations ofthe City. Section . Each Captain who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions Vfthis Article and the law 6vremaining atwork during any interruption which may beinitiated bvothers; and their responsibility, in event of breach of this Article or the |avx by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and todisavow the strike publicly, Section 4. Any or all Captains who violate any provisions of the Uovv prohibiting strikes orofthis Article may be dismissed orotherwise disciplined by the City. 51 Page 284Of768 PBA Captains-1V/u1/zo2c-un/3o/aozs ARTICLE 37 WORKERS' COMPENSATION AND LEAVES OF ABSENCE Section l. Workers' Compensation A. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder,shall be authorized tobeabsent from work due tninjury orillness incurred while omduty,and directly related to work performed, until (s)he reaches maximum medical improvement or two (2) years, whichever comes first. B. The City is self-insured for Workers' Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and illnesses. For information and policies regarding Workers' Compensation, contact the Human Resources and Risk Management Department. C. Members who are unable to work due toa work-related injury orillness, are entitled to have their workers' compensation payments supplemented for uptQninety /90\ days tn ensure they receive one hundred percent (200%) of their normal base pay, unless otherwise negotiated inaworkers' compensation hearing, D. The City follows the provisions of Florida Statute, Chapter 440, Workers' Compensation. Bargaining Unit members who require follow up medical treatment are required to attend appointments while off duty. |nthe event aBargaining Unit member needs toattend an appointment while oD duty, due toscheduling conflicts identified by Command Staff, the member must use his/her available Sick Leave or compensatory time and vacation time if the member has OOavailable Sick Leave. E. : 1. An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/nrthe Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department iomade 24/7bycalling: /562\ 74Z'6677ore-mai|img: . Aoemployee who fails topromptly notify his/her supervisor orthe Homan Resources and Risk Management Department is subject to disciplinary action including termination nfemployment. F : 1. To the extent permissible by Law, the City designates lost time in conjunction with a mxorkers'cnmpeosatinmclaim asFK4LAformnennbeovvhomeettheeligibility requirements and who have not yet exhausted their rolling 1%-rnonthhours' entitlement. 52 Page 285Of768 � PBA Captains-1n/o1/zoaz-mo/3o/2oxs Section 2. Modified Work (Light Duty) Modified Work Assignments(Workers' . An employee who has been released tnwork with restrictions may be accommodated with a modified work (light duty) assignment at the discretion of the Director of Homan Resources and Risk Management (or Designee) in consultation with the PuHua Chief (or Designee). An employee may choose to accept or decline the modified work assignment. If an employee declines an offer ofa modified work assignment, the employee will be required to remain othome until released tofull duty with norestrictions,and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, enemployee who declines anoffer ofamodified work assignment and who meets the eligibility requirements for leave under FMLAvvHU have his/her time off automatically designated asFMLA. For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. Modified Work Assignments . The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Section . Leaves nfAbsence Familv and Medical Leave Act . An employee who has worked for the City for at least twelve (tl) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (11) months is eligible to request job-protected leave under FK4LAfor qualified reasons esdefined bvthe law. Requests for leave under FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under Fk4LAare approved by the Director ofHuman Resources and Risk Management and the City Manager. Human Resources may designate as FKALAan eligible employee's qualified leave, including lost time due taaWorkers' Compensation claim. For more information regarding leave under FW1LA, contact the Human Resources and Risk Management Department. Americans with Disabilities Act Amendments Act . An employee may be entitled to leave as an accommodation for his/her disability under the4D&AA. 53 Page 286 Of 768 | � PBA Captains-1o/oz/2oa -no/3v/oozs For more information regarding a leave accommodation under ADA44^ contact the Human Resources and Risk Management Department. � Leave:Military The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act/U3ERRA\ and Florida Statute 115.07. An employee must immediately notify the Human Resources and Risk Management Department upon notice oyhis/her need for Military Leave. For more information regarding Military Leave, contact the Human Resources and Risk Management Department. Leave of Absence . An employee who is not eligible for leave under FMLA, 4DAAA, orMilitary Leave may request aLeave ofAbsence for mptoninety(90) days. A request for o Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Management. The City Manager, in consultation with the Director of Human Resources and Risk Management and the Police Chief(or Designee),will consider an employee's request for a Leave of Absence on a case- by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The Cit ' Manager's determination is final and is not subject to further review, appeal, grievance, orarbitration process. Any approved Leave of Absence will require an employee to utilize his/her paid leave time |nthe following order: compensatory time, vacation, and sick, Once the employee has exhausted all available accrued time, the remainder of the Leave of Absence will be without pay. Anemployee will not accrue vacation or sick hours while mn a Leave of Absence. The employee is responsible for the full cost of insurance premiums for work weeks in which (s)he is in an unpaid status for more than twenty-four (24) hours. 54 Page 287Of768 PBA Captains-zw/01/zoau-om/m0/zno ARTICLE 38 QUALIFICATIONS FOR A BARGAINING UNIT POSITION Section 1. Qualifications Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows: /a\ Recruitment for the rank of Police Captain will be posted internally and externally. h (b) must have: = Five (S) years ofcontinuous experience as a Police Sergeant with the City of Boynton Beach; and * Bachelor's Degree (Incumbents in the Police Captain position onnrbvthe date of ratification of this Agreement are exempt from meeting the Bachelor's Degree requirement.); and * Must possess and thereafter maintain FDLEuertification. • Must possess and thereafter maintain a Florida driver's license. (c) External candidates must meet the qualifications listed above except that they must have held, at minimum, the rank ofPolice Sergeant with a municipal, county, or state police agency for a period of no less than five (5)years and must be a certified law enforcement officer within the State of Florida. (d) External candidates shall only be considered for hire when there are moqualified internal candidates who passed the promotional process to fill the number of vacant positions. Section 2. Veterans' Preference The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Lama of Florida and F.5.S. 29S.O7. 55 Page 288Of768 PBA Captains-1m01/znaz-us/ao/2oa ADDENDUM °A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity ofall employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol-free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their prob|em. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking, specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Te»t", "confirmed test" mr "confirmed drug test" isasecond analytical procedure used to identify the presence of a specific drug or metabolite in a specimen,which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, *vine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates;barbiturates; benzodiazepines;synthetic narcotics;designer drugs;orametabolite ofany of the substances listed herein.Threshold detection levels are established by Florida regulations. Therefore, activities participated in while off duty may result in positive drug bests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption ofapreparation including alcohol (beverages which |t affect or medicines). AUstof the noostcnmnnonmedicationsvv maya c alter w drug test are found inSection 1.S, Letter | ofthis policy. Employees and job applicants should review this list prior tosubmitting tuadrug test. 56 Page 289Of768 � PBA Captains-zo/uz/2uza-oy/3o/zozs 4. "Drug hest" or "test" means any chemical, biological, or physical instrumental analysis � administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee" means an individual who works for salary, wages, or other remuneration for the City and iscovered bythe workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral toam alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary,wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing adrug test. 10. "Mandatory-testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries o firearm, perform life-threatening procedures, work with heavy or dangerous machinery,work as a safety inspector,work with children,work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant tuF.S. orajob assignment inwhich amomentary lapse io attention could result in injury ordeath to another person. 11. °Medica| KevievvOf5cer(MKO)" nneansa1icensedphya|ciaovvitbknmvv|cdQeofpreschpiinndrugs, pharmacology and toxicology ofdrugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result.The MRO need not beaoemployee ofthe City. 12. "Prescription or Nonprescription Medication" means o drug or medication obtained pursuant to a prescription as defined by F.S. 893.{%2 ora medication that is authorized pursuant tnfederal or state |ovv for general distribution and use without a prescription in the treatment of human diseases,ailments,orinjuries. 13. "Reasonable Suspicion Drug Teotlng° means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and a/ticu|able facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. 57 Page 290Of768 PBA Captains-/n/oz/20zz-oo/s0/zoz h. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with adrug test during employment with the current employer. e. Information that an employee has been involved in an accident while at work: i. If a bargaining unit member is involved inan accident in which the member was driving a City owned vehicle or any workplace incident that results in the member seeking medical attention ate medical facility. [i An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for apost-accident drug test may, at the member's option, he accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions orcomments to the testing personnel. The unavailability of Union Representative shall not preclude the post-accident drug testing from taking place. iii. Refusal to submit to an order for post-accident drug testing, or intentionally delaying post-accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed,sold,solicited,ortransferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery,orequipment. 14. "Special-Risk Position" means a position that is required to be filled by a person who is certified under Chapter 1633, Fire Prevention and Control or ChapteE 94q, Department ofLaw enforcement. 15. "Spedmen° means a tissue or product of the human body including blood, urine,or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in on accident or sustaining an injury,which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, 58 Page 291Of768 PBA Captains-1m/n1/znzn-oe/3o/uu5 or prescription medication in levels exceeding prescribed dosage in his/her system, in possessionof, using,selling,trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit toadrug test |sgrounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties, will not be n||ovved to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Them the supervisor should consult privately with employee with the observation,to rule out any problem(s)that may have been caused by prescription drugs. If, iothe opinion of both supervisors, the employee isconsidered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. Animpaired employee must not beallowed tndrive and ifnecessary can betransported home byasupervisor oranother employee, It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest apotential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that formal referral to the LAP should hemade. B. USE OFPRESCRIPTION MEDICATIONS/DRUGS WHILE ONDUTY 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. Anemployee who is using prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her 'oh requirements/functions to ensure that the physician approves the use of the prescription medication while the employee isperforming his/herjobduties. itisrecommended that the employee provide his/her physician with a copy of the FDLE standards for |aVv enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules 11, 111, or IV as defined and amended from time totime in Florida Statutes 893.03, Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee 10 provide mote from his/her prescribing physician stating that the employee is able to perform the functions ofalaw enforcement officer while taking the medication asprescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed mmed|cadonx/drwgs (other than those 59 Page 292Of768 PBA Captains-/o/o4/zuzu-ay/3o/zvzs considered a controlled substance on Schedules 11, 111,or IV as defined and amended from time to time in Florida Statutes 893.03)will affect the employee's work performance. 5. If the prescribing physician determiner that the employee cannot perform his/her job � duties without impairment while taking the prescribed medication, then the employee will he required in use his/her sick and/orFMLA leave, or unpaid leave ifhis/her leave pools are exhausted, until /dhecan return towork. |fthe employee reports tnwork,the City will presume that the employee 'is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre-Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a\ Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b\ Any job applicant, as defined in the above-section, who refuses to submit to drug and alcohol testing aspart nfthe pre-employment testing process will berefused employment. c\ Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will he maintained pursuant to this policy. B. Employee Complianc It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. |fthere isaconflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal tosubmit todrug testing ingrounds for immediate termination. Refusal tosubmit tndrug testing isnot a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP)which provides help to employees and their families who suffer from various difficulties including alcohol nrdrug abuse. in addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: 60 Page 293 Of 768 PBA Captains-1u/o//2uoz-uo/3o/2os a) Narcotics Anonymous Help Line : 561-848'6262 bl Drug Abuse Foundation ofPalm Beach County : 561'278'0UU0 c) Palm Beach 4|'Anon/&|-a-TemnInformation 561'882-0308 d) Alcoholics Anonymous(Palm Beach County) 561-655'5700 el Comprehensive Alcoholism Rehabilitation Program : S61-844-64Q0 It is the responsibility mfeach employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on o voluntary basis, will not affect the determination ofappropriate disciplinary action. 2. An employee's decision inseek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not beadefense tothe imposition ofdisciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate intheir applications. 3. Through the EAP,the City will provide appropriate assessment, referral to treatment, and treatment ofdrug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment prnQronn an employee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will he preserved in the same confidential manner asall other medical records and beretained inaseparate file an provided by law. D. Management's Respon,s.ibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as o precaution against unstable or unreliable behavior which could threaten the safety and well-being ofemployees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees' behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under 61 Page 294Of768 � PBA Captains-1o/o*2vzz-oy$o/zo25 the inf I uence of drugs or alcohol,the employee must be sent for reasonable suspicion drug testing. Aform for documenting cause for a reasonable suspicion drug test is attached. 5. In all cases when an employee is to he removed from duty for drug testing, the Department Head and Human Resources& Risk Management should be immediately notified. E. Employee's Responsibilit 1. It is each employee's responsibility to befit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect 'job performance. %. In the event an emp\oyeeobsen/es behavior in another employee, which raises doubt as to that employee's abilityto perform work in a safe, reliable and trustworthy manner,the employee should report this behavior to hin/hersupervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters o drug or e|oobo| treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. if the employee fails to comply with the treatment and/or program, the employee will besubject todiscipline, uptmand including termination. F. Medical Review Officer's (MRO) Resp�� 1. The R8H0 will review all information from the testing laboratory in the event of positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth imthe form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol-free work environment,the City will test for the presence of alcohol and drugs|nthe following circumstances: 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory-testing, safety-sensitive, or special-risk position are required totake adrug and alcohol test. 62 Page 295Of768 PBA Captains-zn/u1/zo u-ou/aVzoz 2. Reasonable suspicion: Employees who are determined to be under reasonable � suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post-incident., Employees are required to take o drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: property damage nrthe employee receives medical attention aunresult nfawork- related injury or accident. 4. Random Testing: Employees are subject to random drug testing. On a monthly basis, a designated Police Officer uses togenerate a list mfthree (3) PBA members who will berandomly tested for that month. AUnion Representative signs off uuthis list. |naddition, members assigned toVice are tested once every six (6) months. S. Fitness for duty: AN employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6, Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. A. Consequences of Refusing a Drug Test 1. An employee who refuses tosubmit toa drug and alcohol test will be subject to immediate termination. An employee who refuses tosubmit toa drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. Ajob applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination,for any employee who has apositive, confirmed drug nralcohol test. C. Confidentialit Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary tocomply with this policy. All information, reports, memos and drug test reports, written nrotherwise, received by the City through the drug testing program will be kept confidential osprovided bylaw. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive nrhave access toinformation concerning drug test results shall keep � 63 pn^Captains-1o/o*anzz-oo/3o/znzs all information confidential. No such information will be released unless there is voluntary written consent, signed by an employee or job applicant, except where such release is compelled by court pursuant to an appeal taken under this section, or where deemed � appropriate by o professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from anemployee's or job applicant's file. D. Reporting o.f.,Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having adrug test. E. Notice of Common Medications A list of most connrnnn medications, by brand name or common name, a; applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test. F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone numberof the City's current provider or contactthe Human Resources and Risk Management Department. H. Drugs to be Tested In accordance with F.S. 893.03 a; amended from time to time, the hdbovvmg is an illustrative and non-exhaustive list ofdrugs that will betested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors. A positive Breath Alcohol Test will beconfirmed hyaBlood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine S. Phencyclidine (PCP) G. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 64 Page 297 Of 768 � � PBA Captains-xn/ozyznzu-om/3m{znz 12. Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. Alist mfdrugs bvbrand names orcommon names includes: 0p/m/n Dover's Powder, Paregoric, Parepecto(in Mo0s0/nc Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Rohitusuan A-C, Hydrocodone, Coke Crack Heroin Diacetylmorphine, horse, smack Hv6ru/no0ohVne Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Laann, Loritine, Numorphan, Percodan, Tussione4 Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Nnctec~ Sonnmns Barbiturates Phenobarbital, Tuinal, Amvtai, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, 4zene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Placidyl,Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after review with the Labor- Management Committee. PRESCRIPTION DRUGS Many proscription drugs can alter oraffect drug tests. Due to the large number ofobscure brand names and the constant marketing ofnew products,this list isillustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for aUcoho| content. Amphetamines: Pbetmo|, 8iphetarnine, Desoxyn, Dexedrine, Didrex, Lnnamine, Fastin. Cannabinoids: Marinol (Dnonnb|no|,THC). Cocaine: Cocaine, HC|topioo| solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectohm, Donnagel PG, Noroh|ne, Tylenol with Codeine, Emperimexvith Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, GuiatuppAC, Novahistine 0H, Novahistine Expectorant, N|madid (Hydmmnmmrphone), MS Contin and Roxono (morphine su|fatm), Percodan,Vicodin,Tussioq<anidine, etc. 65 Page 298Of768 PBA Captains-xo/o1/zozz-ns/»n/oos Barbiturates: Phenobarbitol,Tuinal,Arnytal, Nembutal,Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, MebareL Butabarbital, Butalbital, Phrenilin,Triad, etc. Benzodiazepine: At|van, Aoeme, Clonopin, Dalmane, Diazepam, Lib,riom, Xanax, Serax, Tanzene, Vaiiumn,Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Do|ophone, Metadosc,etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule |0 of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome ofthe test. |. Challenge of Test Results 1. An employee ora job applicant who receives a positive confirmed test result may, within five(5) working days, submit information to the Director of Human Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. J^ |fthe explanation urchallenge ofthe employee orjob applicant |sunsatisfactory to the City, the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will beprovided tuthe employee orjob applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, ifthe drug was administered due toaworkplace injury,byOhngaclaim for benefits with a ]udge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must promptly notify the Medical Review Officer(K4KO). 66 Page 299Of768 PBA Captains-1o/o//2naz-no/3o/2ozs ADDENDUM ^8" MUTUAL CONSENT AGREEMENT (Use of Insurance Premium Tax Revenue) This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws ufF|or|da), hereinafter"Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund")that exceedsthe minimum benefits and minimum standards established bvthe State ofFlorida for public employee police pension plans nsset forth in chapter 185, Florida Statutes; and WHEREAS,the Legislation provides that use of IPTR,including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representatKve (P8A)> NOW THEREFORE, the City and PBA Unions agree asfollows: 1. The foregoing Whereas clauses are correct. 2. The total ofninety thousand dollars ($90,000) of |PTB, whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability lothe Boynton Beach Police Officers' Pension Fund. These funds will bpprovided tuthe City in increments of thirty thousand dollars ($30,000) in November 2019, November 2020, and November 2021. 3. This Consent Agreement takes effect when signed byPBA and City. This Addendum isprovided for historical information. 67 Page 300Of768 PBA Captains-zo/n1/zozz-ou/3o/zoz ADDENDUM "C" TUITION ASSISTANCE PROGRAM 1.1 PURPOSE To provide financial assistance, when such funding isappropriated and approved in the City's Human Resources Department's annual budget, toeligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the emnp�|oyee's current job orfor nn advanced job in the City within their career path. This program in at the sole discretion of the City and may bosuspended orcancelled atany time. 1.2 SCOPE All Police Captains are eligible to participate in this program. Employees must be "in good standing" with the City at the time of application and through the time of reimbursement in order to receive reimbursement through this program. 1'8 DEFINITIONS a~ Accredited college or ..university: 4 college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post-secondary Education (OPE) Database of Accredited Postsecondary Institutions and Pnzgno/ns ( ). The Director of Homan Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not ||s0sd [nthis database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled towork aminimum ofthirty-six(36) hours per work week. c~ ": Aneligible employee who: a. Is actively employed on the date of program enrollment and through the date of reimbursement; b. Has not been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date ofprogram enrollment through the date ofreimbursement;and c For one (1) year prior to the date of program enrollment and through the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than twenty-four(24) hours or three (3) days and has not been demoted for disciplinary reasons. d. : An employee who has successfully completed his/her initial one (1) year probationary perind. Employees who are on a probationary period solely due to o promotion or reclassification and who have already been employed with the City in a full-time position for more than one (1)year are considered "non-probationary" for purposes of this policy. 68 Page 301Of768 PBA Captains-zu/uu/2uxu-uo/ao/uos 1.4 POLICY A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program |afunded,the Director ofHuman Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information,titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts, will be updated and maintained as part of this policy. Applications will be considered inthe order inwhich they are received. Available funds will bereimbursed until the end of each funded fiscal year or until funds are exhausted, whichever comes first. The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance PnnArann funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. • Reimbursement Period One: For course dates between August and December o Deadline for submitting Reimbursement Applications:January 31" o Final reimbursement issued iaFebruary ^ Reimbursement Period Two: For course dates between January and July u Deadline for submitting Reimbursement Applications: August 31s' o Final reimbursement issued imSeptember C. The following courses are ineligible for reimbursement under all circumstances, even [fthey are e requirement for obtaining a degree: 1. Course that is covered by any non-refundable financial aid, scholarship, o/ other governmental assistance; 2, Seminar,- 3. Internship; 4. Course that earns only Continuing Education Credits(CEUu); 5. Exam preparation course orentrance exam; 5. Course taken as"audit nn|y"; 7. Course graded only as °Pass/Fai|"; Q. Course issuing credit only as "Life Experience" and/or"Portfolio"; 9, Course fulfilling only a physical education or sexual education requirement; 10. Course taken that is not part Vƒ nn employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate orgraduate degree program. 69 Page 302Of768 PBA Captains-zn/u//2ozz-nyysu/znza Q. The letter grades an employee earns upon completion of an approved course determines the percentage ufreimbursement that will beapplied tneligible expenses. • A= lO096 * 8= 75% m C= 50% * D= 8Y6(ineligible for reimbursement under this policy) m F= U% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete" or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of$5,250.00 in any calendar year is excluded from tax; any amount received in excess of $5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service UMS\. F. An employee who separates employment for any reason other than a City-initiated layoff or termination within twenty-four /24\ months of receiving any amount of financial assistance pursuant to this pehq\ authorizes the City to deduct the amount(s) of such reimbursement(s) from any amount nfpayout to which (s)hevvou|d have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amuun1(s) 1sobligated and required tmrepay the City. G. Deadlines are not negotiable and will not beextended. |tiosolely anemployee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. Na employee should expect urrely upon the City, Human Resources, or any other person to"remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES a. This program isat the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Pnogomxn Participation Enrollment Form and Tuition Assistance Pnognrrn Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements ufthe program. The purpose ofthe Agreement istoconfirm that an employee understands the pnn8rmnm and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Enrollments"tab. 70 Page 303Of768 puacvpmms-xo/nzAmn 2-u9$o/o02s 2. Human Resources will review the Participation Enrollment Forms and will onnMnn, and log eligibility onthe "Enrollments"tab. 3. Hununm Resources will notify employees in writing of their participation approval or denial. |fanemployee isdenied,the reason for the denial will buincluded. c. Aseparate Tuition Assistance Program Reimbursement Applicationisrequired tobesubmitted for each course for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rn|NnQ basis per Reimbursement Period, and all required documentation is required to he submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement. d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to: with the subject line:Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP'YYYY-MM-DD'###, wherein TAP means Tuition Assistance Program, YYYY means calendar year, M&4 means calendar month, DD means calendar day,and###indicates the number ofthe request received onthe specified date. For example,the first request received on October 1,2017 would be assigned the tracking number:TAP-2017-10-01-001. 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail tVthe employee, who will need to resubmit completed Reimbursement Application with supporting documentation inorder toheconsidered for reimbursement. Anew tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 5. Human Resources will separately log each course Reimbursement Application in the fmndedfiscolyeur'oTuition4ssistanoePpmgranmTrackimgspreadsheet''App|ications°tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade, Credit Hours, and Bmok(s) Cost will belogged onthe "App|icatioms" tab. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount. e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31,1deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm anemployee's eligibility. Ki Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet"Reimbursements" tab up to the Maximum Per Person A||nvvah|e Reimbursement Amount /see 71 Page 304Of768 PBA Captains-zn/uz/2muu-oy/au/2o2s Addendum for these Amonmts\. This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. iii. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing bvFinance. iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance fo||nvvinQ Period One Reimbursements, Human Resources will add this remaining balance to the beginning Program Budget Balance for Period Two Reimbursements. t Reimbursement Processing will begin for the Reimbursement Period Two following the August 3l«deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm anemployee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet"Reimbursements" tab up to the Maximum Per Person A||mvvah|e Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed doe to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing bvFinance. v. Finance will process all approved Period Two Reimbursements in September. 72 Page 305Of768 PBA Captains-1n/n1/zuzx-ny/3v/xmus Time Addendum:Tuition Assistance Program Current Reimbursement Year Expenses and Amounts FOR FISCAL YEAR RBK4BURSK0ENT: October 1, 2022—September 3(, ZO24 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August ltofeach year. In order to be eligible for reimbursement all documentation required to process a reimbursement must he received onorbmthe thirtieth B0~m \ day following the last date ofthe term/session for the course(s) for which reimbursement isbeing requested. |nnncase will reimbursements beprocessed outside ofthe fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies oforiginal receipts are required for reimbursement. Failure toprovide proper documentation will result in ineligibility for reimbursement. Tuition and Fees: (maximum per credit hour reimbursement based mncourse grade) Final Course Grade: A B C Associate Degree Course: $114.04 4 85.53 4 57.02 Bachelor Degree Course: $179.90 $I34.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $158.39 Required Course : (maximum reimbursement per course based mncourse grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: m Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 ° Graduate Degree: $4,041.24 No employee will receive more than$600.00 for textbook reimbursement per funded fiscal year. 73 Page 306Of768 � PBA Captains—10/01/2022—09/30/2025 SIGNATURE PAGE Agreed to this day of 2023, by and between the respective Parties through the authorized representatives of the PBA and the City. PALM BEACH COUNTY POLICE B ,N OLENT ASSOCIATION L By: AL it ss John t!anjian, of e's'jdent By: LrA� Witness Katie Mendoza, Legal Co nsel CITY OF BOYNTON BEACH By: Witness Ty Penserga, Mayor ATTEST By: City Clerk APPROVED AS TO FORM AND CORRECTNESS City Attorney Daniel Dugger, City Manager Ratified by City Commission Ratified by Union 3 .. E Date Date 74 Page 307 of 768 From: Katie Mendoza To: DaCosta.Tennille Cc: Jason Llopis;Jose Rivera;Courtney Lawrenson Subject: Captains CBA-Ratification Results Date: Tuesday, March 21,2023 2:53:15 PM Attachments: Final Coot/ Sianed by PBA.gdf Hi Tennille, Attached is a copy of the CBA signed by the PBA, but we are mailing you the original as well. The CBA was successfully ratified today by a vote of 5-0. Thanks. Katie L. Mendoza Legal Counsel, Palm Beach County PBA photo Phone: 561-689-3745 Fax: 561-687-0154 Email: katie@pbcpba.org 18 Website: www.pbcpba.org Address: 2100 N. Florida Mango Rd, West Palm Beach, FL 33409 IMPORTANT:The contents c*.his ernail and any atlachments are r-,cnfidential.They are Intended fcr the named reupentrsonly.ff you have received this email by mislake,please nctify the sender Immediately and do nct disulcse the ucrrten,"F 11c anycne or make copies therec'. j Please consider the environment before printing this e-mail! Keep your information current-httDs://DbcDba.ora/membershiD/member-data/ Page 308 of 768 f , r , 1 1 1 gym' I, • 1 • 1 i -------------------------------------------------------------- co 0 0 M N 0) co d C '0 - U O 0) O p L L O7 0 U N U cn O O N N (O` er (` ^` L W L �+ �M 7 « M 0 Q O Q N O O �. L N O QL cu 0 � � 0 � N .� U ? 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Consent Agenda 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Approve the rankings as recommended by the Selection Committees and authorize City staff to conduct negotiations with Lori Lehr, Inc., the recommended top ranked proposer in response to the Request for Qualifications (RFQ) No. UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services- Grant Funded. At completion of negotiations, the contract will be brought back to the Commission for approval. Explanation of Request: On January 19, 2023, Procurement services opened a total of three (3) proposals in response to the "Request for Qualifications for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services- Grant Funded." The RFQ was issued seeking the services of a qualified and experienced firm that specializes in National Flood Insurance Program (NFIP) Community Rating System (CRS) that would work with the City to achieve the City's climate resilience and flood mitigation goals by maintaining the current CRS Class 5 rating and assist in advancing to Class 4 in addition to developing and implementing a successful resilience program. A selection committee comprised of John Kuntzman, City's Building Official, Angela Prymas, Engineer IV, and Christopher Roschek, Deputy Director, Utilities Operation reviewed the proposals. After independently reviewing and scoring each proposal in accordance with the evaluation criteria contained in the RFQ, in a publicly noticed meeting held on February 27, 2023, the Committee disclosed its scores and shortlisted the proposals which resulted in the Committee inviting all three (3) proposers for the interview/presentation phase of the procurement process. On March 8, 2023, the Selection Committee conducted interviews/presentations with the shortlisted firms. After the completion of interviews/presentations the Selection Committee re-scored and re-ranked the proposals in accordance to the evaluation criteria contained in the RFQ. In a publicly noticed meeting held on March 8, 2023, the Committee disclosed its scores. The Final Ranking is as follows: FIRM NAME RANKING Lori Lehr, Inc. 1 South Florida Engineering and Consulting 2 J R Evans Engineering 3 Based upon these rankings, the Committee unanimously voted to accept the rankings and recommended by consensus to prepare an agenda item to City Commission recommending approval of the rankings and requesting authorization to proceed in negotiating a Contract with the first ranked firm, Lori Lehr, Inc. How will this affect city programs or services? Completion of the Watershed Master Plan will provide the pre-requisite for the City to achieve a CRS Class 4 ranking, which will increase the flood insurance discount from 25% to 30% for property and business owners in the City. I n addition, this project will provide a detailed understanding of how the City's stormwater system will operate under flood conditions, enhancing the City's ability to mitigate flooding and build resilience to sea level rise and climate change. Page 314 of 768 Fiscal Impact: There is no fiscal impact as a result of this approval; a contract between the City and the selected firm will be submitted to Commission for approval. The City received a Hazard Mitigation Grant from FEMA in the amount of$246,832.50 (75% federal share) for this project, with a required 25% match of$82,277.50 that is budgeted in the Utilities CIP. Alternatives: Not accept the committees' rankings; Re-rank and approve commission ranking; Not approve and issue a new Request for Qualifications. Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: Climate Action Application: This CRS program supports the implementation of climate adaption strategies recommended by the 2021 Multi-Jurisdictional Climate Change Vulnerability Assessment. The City's continual improvement in the CRS program, along with active participation in the Palm Beach County Local Mitigation Strategy (LMS), the 2019 Repetitive Loss Area Analyses, and the 2020 Flood Mitigation Plan, improve the City's competitiveness for state and federal grant programs to implement future flood mitigation and resilient infrastructure projects. Is this a grant? Grant Amount: Attachments: Type Description RFQ No, UTL23-001 Community Rating System (CRS) and Climate Resilience Planning D Attachment Professional Support Services- Grant Funded - Final Ranking Memo (Notice of Intent to Negotiate/Award) Tabulation of Responses- CSR& Climate D Attachment Resilience Planning Professional Support Services D Attachment Proposal Submittal - Lori Lehr, Inc. Summary of Reviewers Scores- CSR& Climate D Attachment Resilience Planning Professional Support Services D Attachment Agreement- CSR& Climate Resilience Planning Professional Support Services Page 315 of 768 The City of Boynton Beach PROCUREMENT SERVICES 100E. Ocean Avenue Boynton Beach,1133435 P.O.Box 310 Boynton Beach,Plonda 33425-0310 ` 561-742-6310 � I. NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFQ NO. UTL23-001 SOLICITATION TITLE: COMMUNITY RATING SYSTEM (CRS) AND CLIMATE RESILIENCE PLANNING PROFESSIONAL SUPPORT SERVICES - GRANT DATE OF NOTICE: March 9, 2023 At the Public Final Ranking meeting held on March 9, 2023, the Selection Committee for the above referenced solicitation scored and ranked the shortlisted firms as follows: Rank 1: Lori Lehr, Inc. Rank 2: South Florida Engineering and Consulting Rank 3: JR. Evans Engineering This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to enter into negotiations with the highest ranked firm: Lori Lehr, Inc. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFQ documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances,the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: 7a4d Taralyn Pratt, Contract Administrator America's Gatewayto the Gulfstream Page 316 of 768 UTL23-001-Community Rating System(CRS)and Climate Resilience Planning Professional Support Services-Grant Funded-Overview of Specifications *Offers from the vendors lined herein are the only offers received t—ly as of the Bid due date and Bid due time.All oMers submitted in resp.,,m this solintanon,if any are hereby rejected as late. RFQ DUE DATE'.January 13,2023 RFQ DUE TIME'.2'.30 P.M. South Florida Engineeringand Consulting JR Evans Enginering,PA. Lori Lehrinc 305 M St 9351 Corkscrew Rd. 901 Walden Pond Drive Swte 1.1 Lake Worth,Florida 33460 Estero,FL 33928 Plant City,FL 33563 Thomas V.Comboy P.E.;lose Cruz Elizabeth Fountaim;Patrice Scamdroli Lori Lehr Contactk 56-1-7;5-89-13 Contact k 239-005-9148&faxk 239-288-2537 Contact k 727-235-3875 Email:tcomboy@sfecus;jcruz@sfecus Email:elizabeth@j,—,,.coo;pscandroll@Jreeng.com Ian@lorilehnmccom Specifications Submission 1 Submission 1 Submission 1 letter of interert Yes Yes Yes -Yes-Response epee son camp exityo t einquiry, ProPo.ser Qualifiation Statement Included-Yes-Response within 48 hours or less Included-Yes-Uct(1)lircganon-Response wUh,n(5)days will not exceed one week Firm`s Qualifiation Included Included Included Qualifiation of-j-TE—&—I of Spenalty Resources Yes Yes Yes Approach,Demonstrated Skilll Set&Innovative Ideas-Scope of Work Yes Yes Yes Confirmation of Minority Own Business No No Yes-Women Anti-Kickback Affidavrc Included Included Included Non{.Nasion Affidavrc of Proposer Included Included Included Addenda Acknowledgement:No.F&No.2 Acknowledged Acknowledged Acknowledged C-d—t on Pursuant to Flonda Statute¢287.135 Included Included Included EV dy Form Pursuant to Flonda Statute¢448.095 Included Included Included Yes-(subconsultant)Fl—,a Technial IF—t,-Family member conHm of Interest employed by the COBE Nan, Nan, Confirmation of Drug Free Workplace Acknowledged Acknowledged Acknowledged Palm Beach County Inspector Geneal Acknowledged Acknowledged Acknowledged FL Board of Professional Engineers FBPE Dcenre 4 PE60077,PE 57436, PE88605,PE62563 exp 2/28/23;Association of State Floodplain FL Board of Professional Engineers FBPE Dcenre 4 PE 59289 exp Managers,Inc Certified Floodplain ASFPM C-ff,d Floodplain 2/28/23;A--Institute of Certified Planners;FL Board of Manager exp 7/31/24;FL Professional Emergency Manager Florlda Professional U,—E,including evidence of posression of q.—d Professional Engin„rs FBPE Ucenre#PE77711,PE72220, C—f—ton Certified 2020;Member ofAmenan IFAU ,of Certified Asso--of State Floodplain Managers,Inc.ASFPM Certified licenses and business permits PE59257 exp 2/28/23 Planners Floodplain Manager exp 1/31/24 Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion Included Fdu,,d Included Resumes--&—R5) Yes Yes Yes References(3) Included Included Included Y,s(6)-Collective Water Resources,LLC,Erin L Deady,P.A., Yes(3)-Fl—,a Technial Consultants,Chen Moore and Bnzaga,The Balm oral Group,Teta Tech,Schwab,Consulting, Sub-Consultants Associates,Rising Waters Consulting IF,, Yes(2)-Ipaametncs,LLC&D,tlsi Land Use Planning&Water Policy LLC Orge—t—Chart Yes Yes Yes W-9 Yes Yes Yes FL Technical Inaititute(Sub-Canaultant(-f d a prior continuing ct that—terminated due to family memberwaa an employee dCity dBoynton;FTC BusinessTaxReceipt- Boynton Beach,Palm Beach County,Coral Springs&e —cl County;Small easiness Certfiation,Certified easiness Entity (CRE)C,Uff—t—;South FL Water Management Met—SBE; State of Florida Woman Business C,Uffiation 10/4/2021 to Comments: P8 Cty SBE CertHation 1 1 10/4/2023;Hillsborough Cty 3—,,ssiax Receipt exp 9/30/2023 Electronic Opened By Bids&Tenders an 1/13/23 @ 2'.30 PM Compliance Tabulation By Taalyn Pott 1/19/23 Page 317 of 768 UTL23-001 - Community Rating System (CRS) and Climate Resilience Planning Professional Support Services - Grant Funded Opening Date: December 2, 2022 12:00 PM Closing Date: January 13, 2023 2:30 PM Vendor Details Company Name: Lori Lehr Inc 901 Walden Pond Drive Address: Plant City, Florida 33563 Contact: Lori Lehr Email: lori@lorilehrinc.com Phone: 727-235-3875 HST#: 811401221 Submission Details Created On: Monday January 09, 2023 09:36:37 Submitted On: Wednesday January 11,2023 11:27:22 Submitted By: Lori Lehr Email: lori@lorilehrinc.com Transaction#: c6871071-096c-4866-b3df-e75915c45f7d Submitter's IP Address: 96.76.84.129 Bid Number: UTL23-001 Vendor Rage "IrtSLe �b Letter of interest The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be provided by the person authorized to bind the Proposer to the submitted RFQ. Description lResponsel Bid Number: UTL23-001 Vendor Rage Le "Iry �b The Letter of Interest shall summarizes the Proposer's primary January 10, 2022 qualifications and a firm commitment to provide the proposed services. City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Re: Request for Qualifications (RFQ) UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services-Grant Funded Please consider this submittal for the above-referenced Request for Qualifications ("RFQ"). Lori Lehr, Inc., as the primary consultant, has teamed with the following subconsultants: Collective Water Resources, LLC, Erin L. Deady, P.A., Brizaga, The Balmoral Group, Tetra Tech and Schwalls Consulting, LLC to provide a comprehensive Team approach for the expertise required by the City as described in the RFQ. This Team has been specifically formulated to address all of the areas of expertise required in the RFQ. This submittal includes the qualifications and experience of our team, qualifications of the Key Staff to be assigned, and lists our experience for the services specified in the Scope of Services on pages 5-8 and the expertise required on page 2 of the RFQ. These firms have all collaborated on multiple projects, and some of the firms directly, on projects in or including the City of Boynton Beach. Lori Lehr, Inc. as the proposer for this engagement, is a full-service firm incorporated within the State of Florida providing CRS consulting services to local government clients since its formation in 2016. The contact person for this project will be Lori Lehr, CFM. (P. 727-235-3875) and the location of the office is: 901 Walden Pond Drive, Plant City, Florida, 33563. Lori Lehr, Inc. is owned by Ms. Lehr, as President of the firm, and holds a State of Florida Woman-owned Business Enterprise (WBE) certification. Lori Lehr, Inc. is primarily a Florida- based firm serving clients across the entire state. Our clients include small and large local governments. The firm has effectively partnered with the City on CRS work already since June 2020. Ms. Lehr, who will serve as the Project Manager, has significant CRS experience which includes Floodplain Administration/CRS Coordination services, CRS instructor, being a liaison with ISO on CRS activities for local governments, regulatory recommendations for CRS programs, coordination on vulnerability assessments and harmonizing with CRS activities and public involvement for CRS activities. This experience ranges from small to large local governments and includes previous work with ISO on the CRS program. Combining CRS with land use, resiliency and policy experience, many of the Team's clients have benefitted from a multi-disciplined approach to address complex land use, legislative, planning, environmental and funding issues faced by clients in the resiliency field. The Team, collectively, has also achieved several other accreditations and credentials: Certified Floodplain Managers Planning Accreditation by the American Institute of Certified Planners Certification in Leadership in Energy and Environmental Design, US Green Building Council U.S. Small Business Administration, Economically Disadvantaged Woman Owned Business State of Florida Woman-owned and Minority Business Enterprises The Team submitting this response is comprised of a multi-disciplinary group of experienced professionals who understand the needs of local governments when implementing a CRS and comprehensive resiliency program. Members of the Team also have direct experience working with the City on previous resiliency initiatives and have worked over the last 4 years to help the City successfully complete the deliverables for previous DEP grants on time and on budget. This experience adds efficiency in producing deliverables as assigned by the City. Lori Lehr, Inc. and the Team have a thorough understanding of the work to be done given our significant project history as demonstrated by this response. The Team will show extensive qualifications in: The Federal Emergency Management Agency (FEMA's) Community Rating System program and floodplain management. The team includes two Certified Floodplain Managers with expertise in the NFIP CRS program and specifically with Sea Level Rise criteria in 452.1b Watershed Management Plan (WMP) Extensive, recent, and local knowledge of water management issues in Palm Beach County (including the City of Boynton Beach) and the South Florida Water Management District. GIS, modeling and mapping climate vulnerabilities including H&H modeling in Southeast Florida (including the City of Boynton Beach). This modeling expertise includes both traditional event-based modeling but also extensive expertise in climate change analyses to evaluate various aspects of water resources and the hydrologic cycle. Knowledge and experience in climate change impact analysis, public outreach, education, equity in adaptation response and economic analysis specific to adaptation projects (including the City of Boynton Beach) Land use (AICP), policy and analysis related to climate change and planning initiatives Demonstrated, successful experience in the development of sustainability best management practices and how they merge with resilience effort in Florida (including nationally and within Palm Beach County and the City of Boynton Beach) Locally relevant experience with state and federal policy and programs to address the built environment, natural environment, stormwater, and transportation systems. Public outreach on climate-related initiatives that disseminate information, promote public interest, equity and awareness and receive, track and respond to and incorporate public comments and inquiries into project management Development and implementation of local resilience action plans with consideration of factors such as local economic growth, environmental conservation and how the unique needs of Boynton Beach play a role in resilience efforts Funding strategies and State/Federal granting programs including drafting a securing grants in multiple Federal and State programs Economic analysis related to resiliency strategies and adaptation projects for present day and future conditions including return on investment calculations The Team is committed to perform the services requested in the City's RFQ and will maintain extensive communication with the City throughout assigned projects. We have taken great care to assemble a truly multi- disciplined team combining substantial familiarity with all aspects of developing a WIMP within the CRS program, overall CRS strategy and a comprehensive resiliency program and the unique needs of Boynton Beach. Our Team has a proven track record in CRS, resiliency, sustainability and climate planning that is unparalleled in the industry which will result in a more efficient project sensitive to the "unique and special" qualities the City already has and wishes to preserve in the future. We appreciate the opportunity to submit our qualifications and look forward to working with the City. Sincerely, Lori Lehr Lori Lehr, CFM Firm's Qualifications General Requirements.The purpose of the Section is to outline the required information to demonstrate the qualifications,competence,and capacity of the Contractor seeking to undertake the requirements of this RFQ.As such,the substance of the response will carry more weight than the length,form,or manner of presentation. The Submission of qualifications should demonstrate the qualification of the Contractor and the particular staff to be assigned to this engagement. It should also specify a detailed approach that will Bid Number: UTL23-001 Vendor Rage Le LU �b meet or exceed the Request for Qualifications requirements. The selected Contractor(s)shall provide sufficient organization,personnel,and management to carry out the requirements of this RFQ in an expeditious and economical manner, consistent with the needs of the City. Additionally,the selected Contractor(s)will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFQ. Certification and Licenses. Proposers must include with their Proposals,copy(ies)of all applicable certificates and licensing or business permits related to successful completion of the Work specified herein. Firm's Qualifications: a) Complete and submit Proposer's Qualification Statement. b) Describe the Firm and provide a statement of the Firm's qualifications for performing requested consulting services. Identify the services which would be completed by your Firm's staff and those that would be provided by Sub-Consultants,if any. Identify any sub-Consultants you propose to utilize to supplement your Firm's staff. c). If the Principal Place of Business is different than the location specified in the Proposer's Qualification Statement,then the proposer shall specify the office location where each project will be managed and produced. Statement of Contractor's Qualifications Response* Provide a statement of the Firm's qualifications for performing requested consulting services. Identify the services which would be Lori Lehr, Inc.: completed by your Firm's staff and those that would be provided by sub-Consultants, if any. Identify any sub-Consultants you propose to Lori Lehr achieved her certification as a utilize to supplement your Firms staff. Certified Floodplain Manager(CFM) by the Association of State Floodplain Managers, Inc. (ASFPM) in 2000 and she has been involved in the floodplain management industry since that time. She started in the City of St. Petersburg serving as the floodplain administrator, building permit construction reviewer and acting as a liaison between the City and FEMA. She has over eight (8) years of specific experience as a CRS Specialist working with Insurance Services Office (ISO). She is well-versed in all iterations of the CRS Manual and with the implementation of the Manuals under the most current CRS guidelines. While working with ISO, she submitted over 120 CRS verification files to FEMA, many of which resulted in a CRS class improvement for those communities. As ISO/CRS Specialist, she assisted communities with the highest dollars of CRS discount in the Nation. She also recertified over 80 communities in the CRS program on an annual basis. She also has extensive knowledge and experience with CRS audits and the verification processes that can assist community to reach their CRS goals. In 2015, Lori Lehr started Lori Lehr Inc., and as a consultant, she assisted numerous communities in Florida to make application to the CRS program as well as to achieve CRS Class improvements and maintain their CRS programs annually. In additional to having over 20 years of experience nearly all iteration of the CRS program, she is also well versed in assisting communities achieve and maintain compliance with the Nation Flood Insurance Program (NFIP). Lori Lehr, Inc. has worked with ELD PA in Martin County, Pensacola, the City of Boynton Beach and Monroe County. Collective Water Resources: Collective Water is a majority female engineering firm -a unique corporate makeup in the engineering world. Our company culture - led from the top by Elizabeth Perez, PE, CFM, D.WRE (longtime Palm Beach County resident) - believes in bringing the best of data to clients to address the toughest water resources and environmental challenges. Collective just celebrated our 10th year in business and we have now served local governments on over 100 projects throughout the state— including some of Florida's first climate change projects. Our clients include over 30 local governments (including the City of Boynton Beach) and the State—as well as SWFWMD, SJRWMD, and SFWMD. Collective was one of the first firms in the State of Florida to incorporate hydrologic analyses on a stormwater project for far future conditions/climate change (The City of West Palm Beach's 2016 Stormwater Master Plan), as well as being a firm that works daily on the very specific modeling and analyses required under the CRS Program. Erin L. Deady, P.A. Erin L. Deady, P.A. is a Federal and State certified woman-owned business located in Bid Number: UTL23-001 Vendor Rage �L1 Le �b Delray Beach, FL. As an attorney and AICP certified land planner, Ms. Deady, as the principal of the firm, is qualified in numerous land use, planning, resiliency, sustainability and legal matters related to floodplain policy, flood risk analysis and adaptation planning. Ms. Deady has worked on numerous vulnerability assessment projects across the state and included components within those projects analyzing the relationships between vulnerability analyses and the NFIP CRS program. Ms. Deady was also the primary author of the Monroe County CRS Watershed Management Plan which helped lead to the County's Class 3 rating in CRS. Brizaga: Brizaga is a strategic consulting firm built to solve complex problems by leveraging science, communications, engineering, and policy. As a licensed engineering company, our clients include private property owners, businesses, not-for-profit organizations, developers, and local governments. We work to plan for and address the impacts of rising seas, more frequent flooding, and a changing environment on property, infrastructure, community, and the local economy. We bring a unique perspective meshing physical science, engineering design, public policy and community engagement to create innovative and practical solutions in the face of more frequent flooding, rising tides, and a changing environment. The name Brizaga is a mixture of the names of our founder's nieces and nephews. It serves as a constant reminder that the decisions we make today will define their future. But it goes further. In a complicated world with abundant uncertainty and mistrust, we know how to bridge the gap. We're subject matter experts and expert communicators who skillfully navigate political divides on the way to building community consensus. The information and tools we create are easy to understand and easy to use. We define Brizaga as the overwhelming feeling of pride and accomplishment when individuals, business, and government work together to create a more resilient community. This is done through our easy-to-follow process that defines all the work we do: Assess. Identifying climate vulnerabilities and community priorities, setting the stage for adaptation. Communicate. Developing easy-to- understand, science-backed materials and connecting with stakeholders for consensus- building. Adapt. Implementing projects that serve our clients and communities. Our company has a strong mission, vision, and values that we proudly share as it is our reminder of why we do what we do. The Balmoral Group: Much of Balmoral's economic analysis work is centered around the effects of climate change and include public outreach and education. For example, The Balmoral Group completed a vulnerability assessment for the Indian River Lagoon Council which involved an assessment of the impacts of climate change on the IRL National Estuary Program's Comprehensive Conservation and Management Plan (CCMP). Additionally, as part of Resilient Martin, The Balmoral Group estimated the business impacts of climate change -wages and revenues at risk of losses due to inundation —and how to mitigate economic harm from future hazards. Analysis of water depths, business locations and wage and employment data were used to develop planning recommendations. The Balmoral Group participated in significant public outreach and stakeholder engagement with Erin Deady Law to ensure that plans and recommendations were fully vetted and easily understood by policymakers and the public. The Balmoral Group provides grant management services, including compliance and subject-matter expertise, across multiple federal grant programs. Much of the work Balmoral performs for state and local clients is grant-funded; consequently, the reporting, compliance, quality assurance and Bid Number: UTL23-001 Vendor Rage � Le LL �b performance requirements associated with grant-funded projects are passed on to Balmoral as part of its scope of work. In addition, the Balmoral Group is very familiar with all elements of grants management within the water, wastewater and infrastructure fields. Since 2017, The Balmoral Group has managed the Gulf Consortium, which holds responsibility for disbursing $293 million in federal funds relating to the Deepwater Horizon oil spill. The Consortium is a special district created by an interlocal agreement under Chapter 163, comprised of 23 Florida counties and 6 Governors' appointees. Our recent work with CHNEP demonstrated our ability to effectively convey the impacts of projects regardless of their maturity (concept, design, construction, etc.) in a manner that policymakers and the public could appreciate and understand. In this instance, we worked closely with project partners and engineers to understand expected project outcomes and impacts, and clearly communicate how public funding of each project was benefitting the watershed and its residents. For the FDOT District One, Balmoral evaluated best available data to assess the vulnerability of coastal assets in District One. Evaluated historical tidal data, NOAA Sea Level Rise projections, GIS data for FDOT roadway segments, state-maintained bridge and drainage structures, and socioeconomic data. The study objective was: (1) to establish the universe of coastal assets that may be vulnerable to coastal hazards from Sea Level Rise, and (2) to identify and prioritize by decade required mitigation projects. Tetra Tech: Tetra Tech offers a full suite of services and subject-matter experts to mitigate hazard risk, adapt to the changing climate, and build community resilience. Working collaboratively with client partners, Tetra Tech employs a holistic resilience planning approach that considers socio-economic concerns, integrates nature-based solutions, and builds capacity and capability to ensure programmatic success. Experts from Tetra Tech conduct conceptual design through final engineering and assist with securing funding and providing grant management services to successfully see projects through to completion. Tetra Tech assists with tracking progress toward resilience goals through the development, customization, and deployment of intuitive tools to monitor, measure, and report the effectiveness of your plans and programs. Tetra Tech's team of highly qualified technical professionals is unparalleled and dedicated to successfully accomplishing all of a client's goals and objectives properly, economically, and efficiently. The firm takes great pride in working with clients to define problems and develop cost-effective solutions. Tetra Tech has the depth of resources and geographic proximity to consistently ensure an immediate response to Martin County. In addition, Tetra Tech is backed by extensive resources that can be brought in to support any special need that may arise. Tetra Tech's Florida resources include 22 offices and over 850 staff including licensed professionals with a wide range of skillsets. Tetra Tech's technical knowledge and hands-on site work is broad and deep. The staff is supported by a uniform administrative and management system that project teams can access immediately to ensure work is completed effectively. Tetra Tech has employees representing every technical discipline required under this contract to supplement our team of experts. Schwalls Consulting, LLC: Founded in 2014 by Delton Schwalls, PE, CFM, Schwalls Consulting LLC is a one- person engineering company specializing in floodplain management. Leveraging the experience of its founder and president, Schwalls Consulting provides engineering and floodplain management consulting services to local municipalities, state agencies, and Bid Number: UTL23-001 Vendor Rage 6LA Ot ml international engineering firms. These services include serving as a subject matter expert (SME) on the FEMA National Flood Insurance Program (NFIP) regulations and local floodplain management, developing floodplain modeling and mapping; technical analyses, such as performing independent QA/QC of FEMA flood risk products, reviewing and correcting FEMA Elevation Certificates for NFIP compliance and CRS purposes; overall programmatic support for community floodplain management programs, the Community Rating System, and Hazard Mitigation Assistance grants, expert witness services; and conducting training for community staff, engineers, and surveyors on a variety of topics, including the FEMA Elevation Certificate. Since 2001, Mr. Schwalls has been fully engaged in the fields of environmental engineering and floodplain management. He brings his expertise and passion to every project of Schwalls Consulting. As a single- owner LLC, Schwalls Consulting provides personal service to every client, ensuring the client's needs and project goals are met. If the Principal Place of Business is different than the location specified in the Proposer's Qualification Statement, then the proposer shall N/A- Location is same specify the office location where each project will be managed and produced. Qualifications of Project Team,(Key Project Members)&Availability of Specialty Resources Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services including: Identify the principal and management staff who would be assigned to the project as follows: a)An organizational chart the clearly defines the lines of authority and specifically lists the Client Service Manager,Project Manager,and Primary Project Professional.These project team members are hereafter referenced as"key project members". b)Provide a maximum of six(6)resumes for key project members outlining the relevant experience and education for this project. c)Sub-Consultant firms and key personnel from these firms shall be clearly identified.Proposers are to recognize that the City will not allow the substitution of key project members during the Contract period without the agreement of the City. d)Availability location and workload of the proposed team including: 1. Current project work listing and remaining labor commitments 2. Historically,describe the typical number of projects handled by the Proposer's key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. 4. Identification of any sub-Consultant firms providing significant services that may be assigned more than five(5%) of the work. Description Response* Provide an overview of the qualifications of the specific The project team has been specifically structured to meet the needs of the City of Boynton Beach within this scope of project team to be submitted by the Firm/Individual to services. The team will be led by Lori Lehr, Inc. who is unparalleled in her experience with the CRS program successfully perform the requested services. assisting local governments navigating the CRS program. Her experience spans small and large local governments across the state drawing upon her former experience working in the program for ISO and as a former Floodplain professional. Lori Lehr, Inc. will lead all CRS program activities in this scope of work, assisted by Del Schwalls Consulting who will work with Lori Lehr, Inc. to review elevation certificates as required. Lori Lehr, Inc. will be supported by Collective Water Resources, LLC who conducted all modeling and analysis related to stormwater and sea level rise in the Vulnerability Assessment of the multi-jurisdictional Coastal Resources Partnership led and convened by the City of Boynton Beach. Our team's experience can be summarized as follows: Collective Water has the experience and knowledge of local stormwater operations which is a key component of an Activity 452.1b Watershed Management Plan. Liz Perez, CFM, P.E., the principal of Collective Water is currently also developing a Watershed Management Plan for the City of West Palm Beach. Erin L. Deady, P.A. has been added to the team to assist with both the development of the Watershed Management Plan as well as support other climate and adaptation tasks the City may require. She led the development of the first ISO- approved sea level rise-based Watershed Management Plan in Monroe County, FL approved in 2019. She was a policy- expert and subcontractor on the work conducted by the Coastal Resources Partnership. Brizaga has been added to the team, also a subcontractor on the work conducted by the Coastal Resources Partnership, as a climate communications expert. The Balmoral Group has been added to the team to address the scope of work components related to economic analysis of adaptation and mitigation strategies. Finally, Tetra Tech has been added to the team to support other elements that the City may pursue related to coastal engineering, general water management and vulnerability or adaptation planning, having just won the Palm Beach County Vulnerability Assessment and Resilience Planning project. Detailed information on each partner firm is provided in the Supplemental Upload Document and Section on Qualifications of Team. Provide an organizational chart that clearly defines the lines Lori Lehr will serve as the Client Service Manager, Project Manager, and primary Project Professional for this of authority and specifically lists the Client Service Manager, engagement. Project Manager, and primary Project Professional. These Collective Water Resources, LLC and Erin L. Deady, P.A. will assist Lori Lehr, Inc. in the development of the NFIP project team members are hereafter referenced as"key CRS Activity 452.1b Watershed Master Plan. project members". Lori Lehr, Inc. and Schwalls Consulting, LLC will assist the City with general CRS program management activities including coordination with ISO, preparation for cycle visits, updating all CRS program elements, regulatory reviews, elevation certificate review and public involvement. Climate adaptation and resilience activities will be supported by Collective Water Resources, LLC, Erin L. Deady, P.A., Brizaga, the Balmoral Group and Tetra Tech. **Please see graphical representation of Organizational Chart provided in the Supplemental Upload Document and Section on Qualifications of Team. Bid Number: UTL23-001 Vendor Rage 4Le �3 �b Provide sub-consultant firms and key personnel from the Lori Lehr, Inc. Lori Lehr, CFM firms. Collective Water Resources, LLC Liz Perez, CFM, P.E., Anna Leitschuh, P.E., Joel Jordan, P.E. Erin L. Deady, P.A. Erin Deady, AICP, Esq. Brizaga, Inc. Alec Bogdanoff, Ph.D., Michael Antinelli, P.E. Balmoral Group Valerie Seidel Tetra Tech, Inc. Georgia Vince Schwalls Consulting LLC Del Schwalls, CFM, P.E. Provide current project work listing and remaining labor Lori Lehr, Inc. commitments. Current Project Work Listing: CRS Program Consulting Services: City of Bonita Springs City of Dunedin City of Key West/ Monroe County Remaining Labor Commitments: St. Lucie County Town of Palm Beach Lee County Provide a maximum of six (6) resumes for key project Resumes of the following are separately uploaded under Step 3: members outlining the relevant experience and education for 1. Lori Lehr this project. 2. Liz Perez 3. Erin Deady 4. Del Schwalls 5. Valeria Seidel 6. Georgia Vince Bid Number: UTL23-001 Vendor Rage 64 Ot ml Provide the Project Team/ Key Project Members current Collective Water Resources, LLC project work listing and remaining labor commitments. Current Project Work Listing: Lead: West Palm Beach: Watershed Master Plan Remaining Labor Commitments: Support on other projects: Alachua County Vulnerability Assessment Expert Witness Work (Confidential) Erin L. Deady, P.A. Current Project Work Listing: Lead: West Palm Beach Pensacola Martin County Remaining Labor Commitments: Monroe County Roads City of Hollywood Vulnerability Assessment Tampa Bay Regional Planning Council Resilient Shoreline Ordinance City of St. Augustine Islamorada Vulnerability Assessment Briny Breezes Resiliency Ordinance Brizaga Current Project Work Listing: Lead: Miami Beach — Private Property Adaptation Program Broward County— Resilience and Adaptation Plan Broward County—Water Conservation City of Hollywood—Stormwater Master Plan City of Hollywood—Stormwater Master Plan Town of Surfside— Hazard Mitigation Plan and Drainage Improvements Alachua County—Vulnerability Assessment Briny Breezes—Vulnerability Assessment Coral Springs— Stormwater Master Plan Dania Beach — Stormwater Master Plan Remaining Labor Commitments: Various Private Sector projects Balmoral Group Current Project Work Listing: Lead: SIRES DEP Water Council Chair DEP Statewide Resilience Dataset FIND Economic Impact FSAI D UCNSB Grant Research WCEDA Strategic Plan Amelia Island Beach HCP Gulf Consortium Remaining Labor Commitments: Sebastian Inlet Economic Impact Bal Harbour Water and Wastewater Rate Fee Tetra Tech Current Project Work Listing: Lead: City of Hollywood Palm Beach County St Lucie County (Completed 2021) Martin County Coastal Engineering & Environmental Consulting Remaining Labor Commitments: Support on Other Projects: Deputy Project Manager, SFWMD CERP Projects Environmental Permitting, Wetlands, Wildlife numerous clients throughout FL Schwalls Consulting LLC Current Project Work Listing: CRS Program Support: Fernandina Beach Anna Maria Annual Elev. Cert. Review: St. Lucie County Jacksonville Ponce Inlet On-Call Floodplain Mgmt. Tarpon Springs Longboat Key Venice Remaining Labor Commitments: Elevation Certificate Training: AL Office of Water Resources MA Dept. of Cons. & Recr. MO St. Emerg. Mgmt. Agency MS Dept. of Marine Resources Other Projects: Brentwood, TN Floodplain Regulations Update St. Augustine Lake Maria Sanchez Flood Mitigation & Drainage Design Historically, describe the typical number of projects handled Lori Lehr, Inc. 10 by the Proposer's key project managers at any given time. Collective Water Resources, LLC 10 Erin L. Deady, P.A. 15+ Brizaga 30 Balmoral Group 30 Tetra Tech 80,000 Schwalls Consulting LLC 10 F vide the Project Team/ Key Project Members projected Lori Lehr, Inc.: kload ofproject management activities as defined in the Managing all CRS activities in anticipation of 2024-2025 cycle visit. This includes the following services on page 6 of the pe of services. RFQ listed Bid Number: UTL23-001 Vendor Rage Le Lb �b Project Goals: 2.2.1 Review of the current CRS program. 2.2.2 Advise the City of CRS related responsibilities and provide guidance and answers pertinent to the CRS program. 2.2.3 Notify the City of scheduling deadlines in time to meet scheduling requirements. 2.2.4 Prepare documentation for annual re-certification. 2.2.5 Prepare documentation for cycle verification process. 2.2.6 Interface with ISO/CRS Specialist as required including follow-up request, documentation, modifications, clarifications, etc. 2.2.7 Development of City's Watershed Management Plan. 2.2.8 Update of the Program for Public Information (PPI) and work with the PPI Committee. This may include organize and attend required meetings of PPI Committee and Flood Mitigation Plan. 2.2.9 Yearly update of the Program for Public Information, Flood Mitigation Plan, Flood Insurance, outreach materials and website. This may include draft, review and assist with revisions of all public outreach projects. 2.2.10 Extensive review of the City's Elevation Certificates. 2.2.11 Review City's CRS reports and documentation for each department involved int eh production of the documentation for CRS compliance and advise staff of any required or recommended documentation improvements (Utiliti8es, Public Works, Building Department, Fire Rescue, Community Standards, Planning &Zoning, Information Technology Services and City Manager's Office). 2.2.12 Assist with additional activities to support advancement in the CRS program. This may include making recommendations of activities and improvements, providing guidance and expertise as needed, and assisting with implementation efforts. Anticipated tasks for the development of the Watershed Management Plan include portions of the following: Task 4: Preprocessing for Structure Impact Modeling Task 5: Coordination with ISO on Model Parameters and WIMP Discussion Task 6: Watershed Management Plan Document Development (including layout and graphics) Task 6: Development of mitigation strategies for minimizing or mitigating flood risk in areas of special concern Task 7: Coordination on document adoption as annex to LMS ** Other work as assigned. Collective Water Resources, LLC: This includes the following services on page 6 of the RFQ listed Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. Anticipated tasks for the development of the Watershed Management Plan include portions of the following: Task 1: Field work and data collection for structures Task 1: Data request to City Task 1: Identification of wetlands and natural areas, natural drainage systems and man-made channeling Task 2: Preliminary Scope of Work-Gap Analysis and Model Approach Memorandum Task 3: Update/crosswalk previous 2021 Vulnerability Assessment, updated structure information with new modeling requirements Task 4: Preprocessing for Structure Impact Modeling Task 4: Structure Impact Modeling Task 5: Coordination with ISO on Model Parameters and WIMP Discussion Task 6: Development of mitigation strategies for minimizing or mitigating flood risk in areas of special concern Task 7: Presentation to City Commission Task 7: Story Map with Watershed Management Plan information ** Other work as assigned. Erin L. Deady, P.A.: This includes the following services on page 6 of the RFQ listed Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Anticipated tasks for the development of the Watershed Management Plan include portions of the following: Task 5: Coordination with ISO on Model Parameters and WIMP Discussion Task 5: Project Management and Coordination Task 6: Watershed Management Plan Document Development(including layout and graphics) Task 6: Identification of areas of special concern (Priority Planning Areas) Task 6: Development of mitigation strategies for minimizing or mitigating flood risk in areas of special concern ** Other work as assigned. Brizaga: This includes the following services on page 6 of the RFQ listed Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Workload contingent on assignments and funding from the City. Subconsultant fulfills expertise listed on page 2 of RFQ. The Balmoral Group: This includes the following services on page 6 of the RFQ listed Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Workload contingent on assignments and funding from the City. Subconsultant fulfills expertise listed on page 2 of RFQ. Tetra Tech: This includes the following services on page 6 of the RFQ listed Bid Number: UTL23-001 Vendor Rage �L�e �b Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Workload contingent on assignments and funding from the City. Subconsultant fulfills expertise listed on page 2 of RFQ. Schwalls Consulting LLC: Workload to support CRS program management and review of elevation certificates among other tasks as assigned. Identify any Sub-Consultant firms providing significant Collective Water Resources, LLC: Workload to support development of Watershed Master Plan and other activities as services that may be assigned more than five (5%) of the assigned. work. Erin L. Deady, P.A.: Workload to support development of Watershed Master Plan and other activities as assigned. Brizaga: Workload contingent on assignments and funding from the City. Subconsultant fulfills expertise listed on page 2 of RFQ. Balmoral Group: Workload contingent on assignments and funding from the City. Subconsultant fulfills expertise listed on page 2 of RFQ. Tetra Tech: Workload contingent on assignments and funding from the City. Subconsultant fulfills expertise listed on page 2 of RFQ. Schwalls Consulting LLC: Workload to support CRS program management and review of elevation certificates among other tasks as assigned. Approach,Demonstrated Skill Set&Innovative Ideas to Address the Scope of Work Provide in concise narrative form detailed information that demonstrates the proposer's understanding of the scope of work and how they intend to meet the goals and objections of the project.Consideration shall be given for cost-effectiveness,creativity,and innovation of the proposed approach and comprehensive utilization of proposed personnel and equipment to meet deliverables. The Project Approach and Work Plan shall demonstrate expertise and a clear understanding of but is not limited to,such items as: o FEMA's NFIP CRS program; • City's responsibilities related to the CRS and scheduling deadlines • Preparation of documentation for annual re-certification; • An extensive review of the City's Elevation Certificates; • Development of Watershed Management Plan to comply with CRS Class 4 requirements; • Yearly update of the Program for Public Information,Flood Mitigation Plan,Flood Insurance,outreach materials,and website. • Preparation of documentation for cycle verification process • Update of Program for Public Information • Update of Flood Mitigation Plan • NFIP regulatory compliance • City of Boynton Beach and south Florida hydrology a ISO/CRS • Successfully worked with ISO/CRS Specialist as required including follow-up requests,documentation,modifications,clarifications,etc. • Climate Change Adaptation and Resilience • Hazard identification,vulnerability and risk assessments,flood mitigation,GIS analysis,coastal resilience,climate change impacts,and economic analysis,legal risk analysis,and adaptation strategies. a Grant Services Research and preparation of grant funding opportunities related to CRS,flood mitigation,climate resilience,adaptation,green infrastructure,and other related topics. Description Response* The response should include detailed information that demonstrates the proposer's Approach, Demonstrated Skill Set& Innovative Ideas to Address the Scope of Work understanding of the scope of work and how they intend to meet the goals and objections of the project. Consideration shall be given for cost-effectiveness, creativity, The approach to the scope of work for the City's Services for Community Rating System (CRS) and innovation of the proposed approach and comprehensive utilization of proposed and Climate Resilience Planning Professional Support- Grant Funded is divided into 4 key personnel and equipment to meet deliverables. elements: 1. FEMA's NFIP CRS program City's responsibilities related to the CRS and scheduling deadlines Preparation of documentation for annual recertification An extensive review of the City's Elevation Certificates Yearly update of the Program for Public Information, Flood Mitigation Plan, Flood Insurance, outreach materials, and website Preparation of documentation for cycle verification process Update of Program for Public Information Update of Flood Mitigation Plan NFIP regulatory compliance City of Boynton Beach and South Florida's hydrology Development of Watershed Management Plan to comply with CRS Class 4 requirements 2. ISO/CRS Successfully worked with ISO/CRS Specialist as required including follow-up requests, documentation, modifications, clarifications, etc. 3. Climate Change Adaptation and Resilience Hazard identification, vulnerability and risk assessments, flood mitigation, GIS analysis, coastal resilience, climate change impacts, and economic analysis, legal risk analysis, and adaptation strategies. 4. Grant Services Research and preparation of grant funding opportunities related to CRS, flood mitigation, climate resilience, adaptation, green infrastructure, and other related topics. As such, the Approach will likewise be divided into 4 key components. It should be noted that the team used some key assumptions in developing this approach and categorized the 4 elements into either"Core" Services or"Optional" Services. The distinction is that the City has received a grant for the development of an NFIP CRS Activity 452.1b Watershed Management Plan, so that work is funded through that grant. The City has also traditionally retained a consultant to assist with its participation in the CRS program and has funded those services in the past. These two elements, based on the likely funded for them, comprise the Core Services. The RFQ also lists other expertise and services related to more general Climate Adaptation and Bid Number: UTL23-001 Vendor Rage Le LtS �b Grant support. Because it is unknown whether or not the City will provide specific project tasks under those types of services, they are considered Optional under this approach to be further defined or funded at a later time should the City determine the need for those services. 1. CORE Service: FEMA's NFIP CRS Program The first Core Service, the City's participation in FEMA's NFIP CRS Program is comprised of two components: General NFIP CRS Support Services and development of the Activity 452.1b CRS Watershed Management Plan. The team's approach is structured to address both of these components, but it should be noted there is some overlap since the Watershed Management Plan is going to be developed to meet specific CRS Activity requirements as well as necessary coordination with ISO. a. General NFIP CRS Support Services The scope of services related to NFIP CRS program participation by the City is something that the project team has significant experience in successfully delivering. Lori Lehr, Inc. and Del Schwalls have been successfully working with the City already to assist in maintaining and/or enhancing the City's participation within the CRS program. Lori Lehr has systematically worked with the City of Boynton Beach and other local governments to gather information, assess and develop and execute strategies to maintain and/or improve a local government's Class Rating in the CRS program. A thorough review of the CRS activities currently being credited will be conducted. Lori will meet with the appropriate staff to review the City's currently participation in the CRS program. Through this process, Lori will identify credit opportunities consistent with the City's goal of progressing toward a CRS Class improvement. A review of the City's current participation will also include guidance on how the City can meet all Class 4 requirements not currently in place, which include the development of a Watershed Management Plan under Activity 452.1b. A detailed report will be prepared that outlines the responsibilities and deadlines for the currently credited CRS activities. The report will be updated with subsequent CRS Activities that are credited during the verification process. Lori Lehr will coordinate with City staff to collect the appropriate documentation for the CRS Annual Recertification. The documentation for the Annual Recertification will include the yearly update report for the Program for Public Information and the Flood Mitigation Plan. The Program for Public Information report will include the NFIP flood insurance coverage trends to maintain credit for promoting flood insurance. All outreach projects pursuant to the Program for Public Information will be reviewed annually as part for the Recertification. The City's website will be reviewed for compliance with the Program for Public Information and the requirements of the currently credited elements of the City's flood homepage on the website. The Recertification documentation will include an extensive review of the City's Elevation Certificates. Del Schwalls will be the team member responsible for the Elevation Certificate review. Del will provide a report on his finding to include compliance with the NFIP program and the CRS program. The report will include recommendations for corrective action as need. Every three years, the City will be required to participate in a CRS Verification. The Verification process is an audit of the City's total participation in CRS program and requires the documentation of participation in every CRS credited activity along with documentation for any new activities that the City submits for credit under the program. Lori Lehr will work with the City staff to appropriately document every activity. A detailed report will be provided along with examples of the required documentation. The report will serve as a check list for the City to follow throughout the audit. Once all the documentation has been collected, the documentation will be formatted and submitted to ISO to ensure the maximum credit under the program. Lori Lehr and Del Schwalls will provide additional services necessary for CRS Program Administration as needed. b. Activity 452.1b CRS Watershed Master Plan (WMP) For the Watershed Master Plan, our team is differentiated both in terms of experience with this specific activity, as well as our previous work with ICPR models and data within the City of Boynton Beach. Both of these sets of project experience can be leveraged to expedite and add value to the City's Watershed Master Plan. The Watershed Management Plan modeling effort will be led by Collective Water Resources due to their significant knowledge of Boynton Beach's system and impacts upon it. The effort to draft the Watershed Management Plan will be supported by Lori Lehr and Erin L. Deady with Lori Lehr also leading the coordination with ISO to ensure its future acceptance for CRS credit. According to the CRS Coordinator's manual, the purpose of watershed planning is to provide a tool that can be used in decision making to reduce flooding from future conditions which can include development/redevelopment, climate change, and sea level rise. This grant funded deliverable will be prepared with this greater goal in mind, but also to provide a strong baseline for future work within the City of Boynton Beach in terms of stormwater management. We will focus on this value-added goal since we know that this project presents an opportunity to create a City-wide ICPR model as well as a planning effort for stormwater that is modern and that can be leveraged for many years. To receive credit for Watershed Management Plan (WMP)1, the adopted watershed plan must include the following: Evaluates the future conditions, including the impacts of a median projected sea level rise (based on the National Oceanic and Atmospheric Administration's (NOAA's) "intermediate-high" projection for the year 2100) on the local drainage system during multiple rainfall events, including the 100-year rainfall event. This option is for coastal communities with no natural or constructed channels. Guidance on sea level rise projections for CRS purposes can be found in Section 404 of the CRS Coordinator's Manual. Future-conditions should include a projected change in land use to determine the change in runoff from current to future, fully developed conditions. The community must have adopted regulatory standards that require onsite management of runoff from all storms up to and including the 25-year event that receive credit under SMR in Section 452.a. The adopted regulatory standards must manage future peak flows so that they do not increase over present values. "All storms" includes at a minimum the 10-year storm in addition to the 25-year event. Management of a 2-year storm is also recommended. Preparation of the WIMP will include future hydrologic conditions (rainfall, development and redevelopment, and groundwater increase from climate change) as well as sea level rise. The hydrologic analysis will include existing and future conditions to determine the timing and volume of peak runoff flows. The hydrologic analysis will allow the City to identify the amount of retention/detention necessary to prevent runoff increases for developed areas. A large and long duration storm will also be included to allow for compliance with the language reflected in the Addendum to the CRS Coordinator's Manual (2021). The team will generate GIS digital flooding maps for the City using the output data from the Bid Number: UTL23-001 Vendor Rage Le Ly �b stormwater model developed. Maps will be developed for the SLR conditions simulated. As part of the mapping, wetland areas or other natural open space areas to be preserved from development will be identified. During the project, Collective will submit preliminary data to the City for a courtesy review to identify any areas where the project needs to focus on or modify. This may also be a point of coordination with ISO as well. A Watershed Management Plan report will be developed to be submitted for CRS Activity 450 credit. Model results and generated flood maps will be part of the report. Project recommendations (i.e., mitigation options) that comply with the WIMP criteria will be added to the report. For any required City regulatory/code modifications, Collective and Erin L. Deady will work with City staff to develop the revised code. The report will include the required information for WMP1, WMP2, and WMP7, such as: Discussion of the model development process, Evaluation of future conditions for multiple storm events under 2040, 2070, and 2100 SLR (2040 and 2070 are being added to comply with the requirements of Resilient Florida and to assist the City with a subsequent Vulnerability Assessment Update) Discussion of current City regulatory standards Discussion of changes to City regulatory standards/codes required to meet WMP1, WMP2, and WMP7 criteria. This section will include the approved regulatory language. Description of mitigation options to minimize impacts from SLR. Backup data. Other optional components of Watershed Management Plans per the CRS criteria will also be discussed throughout the development of the plan, for example, funding sources. Such optional components could yield a higher score for the Watershed Management Plan. Collective will provide a draft report to the City and incorporate any comments. Comments from the CRS courtesy reviews will also be incorporated. 2. CORE Service: ISO/CRS On two levels, this scope of services will require successfully working with ISO/CRS Specialists on the City's activities within the program. First, the team's approach to generally engaging with ISO is summarized here. Additionally, because the Watershed Management Plan under Activity 452.1b is a specific work product that will contribute to the City's strategy in improving its CRS Class rating, the team anticipates needing to coordinate with ISO/CRS Specialists at least 1-2 times over the course of its development. While the team has a firm grasp of what must be contained within a Watershed Management Plan pursuant to the Activity criteria, having conducted them in the past and presently, and have already established relationships with ISO personnel who review the Plans, the efficacy of the data and modeling supporting the Plan are critical. In our experience, the goals of ISO and what they will accept for an approved Watershed Management Plan have evolved over time and it is important to coordinate with reviewers to ensure that the final work product will be accepted by ISO for CRS credit. Our approach is to conduct an early coordination meeting with ISO staff to achieve early consensus on the modeling approach, sea level rise and/or other modeling scenarios as well as the scope of the structures to be included, open space calculations and other parameters. This allows the Team to have more confidence that the approach will ultimately be accepted by ISO for a creditable Plan. This will save effort including staff time and money, on the part of the City to pursue this early collaboration with ISO. Our team has established relationships with ISO and have successfully conducted such collaborative meetings in the past. Later in the project, when the team has developed certain output and is in the process of drafting the Watershed Management Plan we will again coordinate with ISO to ensure a continued consensus on the approach and output of the Watershed Management Plan. This will be critical to capture any mid-course adjustments necessary to secure approval for the Plan as part of the next CRS cycle visit and maximize the points available to the City for Activity 452.1b. 3. Optional Services: Climate Change Adaptation and Resilience For the third element of the scope of services, Optional Services: Climate Adaptation and Resilience, the City seeks general climate adaptation and resilience expertise that could result in projects related to hazard identification, vulnerability and risk assessments, flood mitigation, GIS analysis, coastal resilience, climate change impacts, and economic analysis, legal risk analysis, and adaptation strategies. The team assembled for this scope of services simply has the best credentials possible to serve the City of Boynton Beach having stellar experience in local, state and national resilience planning, policy, capital and projects and initiatives. Both from the perspective of developing vulnerability assessments and implementing them. The project team has significant experience in all of the Climate Change Adaptation and Resilience elements listed by the City in the RFQ. Team members have collaborated together and individually both locally and on other projects and the City will benefit from this familiarity among team members specifically assembled for this engagement Including coastal engineering, project cost evaluation, economic return on investment, additional legal risk or policy analysis and additional outreach. As previously discussed, Collective Water, led by Elizabeth Perez, CFM, P.E. was the prime contractor for the team that conducted the Climate Change Vulnerability Assessment for the Coastal Resilience Partnership convened by the City of Boynton Beach. This previous work provides a strong City opportunity because we are familiar with the current and future climate vulnerabilities, exposure, risk and challenges already having conducted that work. Collective Water was supported by Brizaga, responsible for project outreach, and Erin L. Deady, P.A. responsible for assisting with overall development of adaptation strategies as well as Comprehensive Plan language and the policy language for the establishment of Adaptation Action Areas. Combined, Brizaga and Erin L. Deady, P.A. have authored over 100 Resilient Florida planning and capital project grants in the last two years since the program's inception which makes us thoroughly familiar with how to position the City for the greatest outcomes with this granting program, all based upon the City's climate adaptation efforts. This expertise of Collective Water, Brizaga and Erin L. Deady, P.A. also puts the City at an advantage from a cost perspective because the team does not need to spend time collecting datasets that are new to them nor spend time understanding where there may be gaps or missing data. Specifically, we know the City's stormwater system and the efficacy of the data supporting it. This provides extremely cost-effective opportunities for the City to focus on the work going forward, not trying to understand the work that's been conducted up until this point. Our approach to these climate adaptation and resiliency services will be somewhat flexible depending on the needs and drivers of climate adaptation for the City. An early assessment of how the Watershed Management Plan aligns with the work of the Climate Change Vulnerability Bid Number: UTL23-001 Vendor Rage Le .iU �b Assessment can be conducted quickly to determine if any further data gaps exist and can be plugged with the field work component of the DEM CRS Watershed Management Plan grant the City has already received. Building upon this work to fill in gaps will only benefit the City's modeling and analysis as it related to the stormwater features and challenges within the community. This early assessment should be conducted within the first month of the project to determine whether or not needs exist for further grant applications within the Resilient Florida program that may be due by 9/1/23. Additionally, recommendations from the Climate Change Vulnerability Assessment can be undertaken by this team should the City request and allocate budget to those services. These tasks could stem from implementation of elements of the Portfolio of Regional Adaptation Strategies within the Climate Change Vulnerability Assessment or the Key Findings Appendix of the Report that identified City-Owned Asset Categories of Concern or coordination on the Non-City-Owned Asset Categories of Concern. Finally, the Portfolio of Recommended Adaptation and Mitigation Strategies for Boynton Beach should be a consideration for further development and implementation by the City and project team. This scope of work could provide the momentum for the City to keep moving forward on its climate initiatives, but do so through increased internal collaboration between floodplain/stormwater management and resiliency initiatives-something necessary for program initiatives to build from one another. 4. Optional Services: Grant Services The project team has an incredible track record of writing, securing, administering and successfully implementing grants for clients. The broader scope sought by the City relative to Grant Services includes research and preparation of grant funding opportunities related to CRS, flood mitigation, climate resilience, adaptation, green infrastructure, and other related topics. This is precisely what we do and what we are successful in achieving. The project team is in a unique position, due to its deep understanding of the Resilient Florida program, but also due to its significant legislative presence in Tallahassee each session. Brizaga and Erin L. Deady, P.A. have simply dominated the landscape as the Resilient Florida program has played out both from a legislative perspective and a rulemaking perspective for the implementing rules of the program. This deep understanding will benefit the City to make strategic recommendations related to future grant applications, and while the City is engaged in enhancing its participation in CRS and building upon the work of the Coastal Resource Partnership, the City will glean from our teams' ability to navigate these processes to secure funding for additional projects. Our approach will be meet early with staff from the inception of the project, mindful of the impending legislative session launching in March and concluding in May of this year where resilience and hurricane recovery funding will be front and center. We will work with the City early in this engagement to identify potential grant applications stemming from our strong familiarity the City's existing adaptation priorities. Other team partners including the Balmoral Group and Tetra Tech have vast federal leveraging and grant experience including HUD, CDBG and FEMA among others. If directed by the City, our approach related to Grant Services could include an initial "Grant Opportunity Scan"that could identify relevant grant opportunities, scopes of funding, match and timelines to develop a more harmonized grant strategy for the City to pursue with either subsequent direction to the project team or supporting grant efforts internally. Recognizing also that many local government staffs are overwhelmed presently, the team can also support the City with grant writing and backend management once a grant opportunity is secured. Our approach to this scope of services draws upon our deep experience already working with the City on CRS and climate adaptation issues, grants, policy initiatives and other projects. While the project team has some very specific ideas on how to perform these services based on this experience, the team remains very up to date with other evolving issues such as those to be addressed this legislative session related to resiliency and the City will benefit from that other experience we hold. Our approach is also fluid to capture opportunities as they arise during the course of performing the work so that we can "adapt" and effectively meet the needs of the City. We look forward to working with the City to deliver these services in a way that accomplishes your goals. Bid Number: UTL23-001 Vendor Rage �.i1 Le �b Demonstrated Knowledge Provide a minimum of(2)projects in the past five(5)years that were successfully completed demonstrating the required qualifications listed above in South Florida.These submissions shall include but not be limited to reports,requests for information from regulatory agencies,problematic instances and what measures or methodology was utilized to address the issue(s),client estimate/final cost,contract performance and client satisfaction,and all other relevant details. Provide the name,address,and telephone number of the key project members named on the projects submitted for demonstration. Provide detailed information to include but not limited to graphics such as pictures,or supply supplemental information to illustrate key aspects of these projects. Project-Past Five(5) Project Start Project End years" Name"'I Address* Telephone Number" Email Address Date* Date*' Project Description Monroe County Lori Lehr 901 Walden (727) 235-3875 lori@lorilehrinc.co January 25, August 6, 2019 From January 25, 2017-August 6, 2019, during the work Watershed Pond Drive, m 2017 that Lori Lehr, Inc. was performing for Monroe County Management Plan Plant City, related to CRS Class certification, the County received a Florida, National Oceanic and Atmospheric Administration grant to 33563 develop a Watershed Management Plan pursuant to Activity 452.1b in the CRS program. A Final Watershed Management Plan was presented to the Monroe County Board of County Commissioners that is uploaded to this submittal. The project was challenging because it was the first instance in Florida where a local government had undertaken a Watershed Management Plan under CRS utilizing new criteria related to sea level rise. There was extensive coordination with ISO/CRS led by Lori Lehr and supported by Erin Deady. The scope of the modeling that needed to occur, scenarios for sea level rise and extent of stormwater infrastructure analyzed were all points of discussion with ISO. Field data was collected to resolve issues of key structures to model. Since the project was grant funded, there was no room for cost overruns and the budget was met on time for the County to incorporate the plan into its efforts to increase is Class score from a 5 to a 3, over performing on the County's original goal to secure a Class 4 rating. This was the first such project approved by ISO in the State of Florida and only the 2nd nationally to develop and receive approval for an Activity 452.1b Watershed Management Plan. Monroe County Erin Deady 54 1/2 SE (954) 593-5102 erin@deadylaw.co January 25, August 6, 2019 From January 25, 2017-August 6, 2019, during the work Watershed 6th Avenue, m 2017 that Lori Lehr, Inc. was performing for Monroe County Management Plan Delray related to CRS Class certification, the County received a Beach, FL National Oceanic and Atmospheric Administration grant to 33483 develop a Watershed Management Plan pursuant to Activity 452.1b in the CRS program. A Final Watershed Management Plan was presented to the Monroe County Board of County Commissioners that is uploaded to this submittal. The project was challenging because it was the first instance in Florida where a local government had undertaken a Watershed Management Plan under CRS utilizing new criteria related to sea level rise. There was extensive coordination with ISO/CRS led by Lori Lehr and supported by Erin Deady. The scope of the modeling that needed to occur, scenarios for sea level rise and extent of stormwater infrastructure analyzed were all points of discussion with ISO. Field data was collected to resolve issues of key structures to model. Since the project was grant funded, there was no room for cost overruns and the budget was met on time for the County to incorporate the plan into its efforts to increase is Class score from a 5 to a 3, over performing on the County's original goal to secure a Class 4 rating. This was the first such project approved by ISO in the State of Florida and only the 2nd nationally to develop and receive approval for an Activity 452.1b Watershed Management Plan. Climate Change Elizabeth 250 S. (561) 779-3552 Iperez@collectivew May 5, 2020 August 2022 Collective was the prime contractor and Erin Deady and Vulnerability Perez Australian ater.com Brizaga were subconsultants for the Climate Change Assessment (Steps 1- Ave, Ste Vulnerability Assessment (CCVA)for Southeastern Palm 6) 1110 Beach County's Coastal Resilience Partnership (for Steps West Palm 1-6). The CCVA is a micro-regional planning effort that Beach, grew out of the Southeast Florida Climate Compact. This Florida, was a fast-tracked assessment of 12 key climate threats 33401 across Southeastern Palm Beach County. This is one of the largest and most comprehensive multi-hazard climate assessments ever undertaken in Florida. The project included 8 jurisdictions, including the City of Boynton Beach. The 12 selected key climate threats were analyzed and stressors that exacerbate threats were considered. Vulnerability and risk were carefully assessed across each threat-asset pair based on a wide variety of data sources. Finally, an inter-disciplinary team developed and prioritized actionable adaptation strategies for both the region and each jurisdiction. Bid Number: UTL23-001 Vendor Rage � Le .iL �b Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information.Please fill out and indicate in the appropriate spaces provided which category best describes your company.Return this form to make it an official part of with your RFQ responses Description Response* Comments Is your company a Minority Owned business? Yes Please select the appropriate response Women Do you possess a certification qualifying your business as a Minority Owned business? Yes Issuing organization name Input response in comments box to the right State of Florida, Department of Management Services, Office of Supplier Diversity Date of Issuance linputresponse in comments box to the right 10/04/21 Local Business Status Certification I am an authorized representative of the business and,on behalf of the Business,request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request,I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. P We will not be submitting for Local Business Status Certification Does the business have is the business registered with Is the business located within the City limits of Boynton Beach, a business tax receipt Numtier of years in the Florida Division of Business license number Florida?*i issued in the current' business" year? Corporations?" r Yes r Yes r Yes r No r No r No Bid Number: UTL23-001 Vendor Rage 6wi P LOml References Provide three(3)governmental agencies references for similar professional Community Rating System(CRS)Professional Support Services and Climate Resilience Planning contracts for which the Proposer has completed or are in progress within the past three(3)years with the following information:1)Name of Agency,2)Name of Project,3)Address and 4)Contact Name,Email Address,and Telephone Number. The City is interested in learning about other firms'or government agencies'experiences with your firm;as such,please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as references and that the City or their designee will be contacting them for information.Selection Committee Members or designees will email and or call each reference up to three(3)times.If there is no answer after the third attempt,the City may apply no points for that project experience. *Note:The City will not attempt to correct any of the supplied contact information,it is the responsibility of the Proposer to supply correct reference contact information. New Column Reference 1-In Progess or Completed Project Reference 2-In Progress or Completed Project Reference 3-In Progress or Completed Project Name of Agency: Monroe County City of West Palm Beach Monroe County Agency Contact: Christine Hurley Ralph Wall Rhonda Haag Contact Telephone Number: (305) 295-5180 (561) 805-6661 (305) 395-9928 Email Address: hurley-christine@monroecounty-fl.gov rwall@wpb.org Haag-Rhonda@MonroeCounty-FL.Gov Name of Project: Monroe County CRS Implementation Three Stormwater and Modeling Projects Monroe County Watershed Management Plan Related to CRS and FEMA for CRS Project Description: Assisted the County with implementing -Stormwater Master Plan (2017)—Collective Under a Federal NOAH Grant, Erin L. Deady, programs and policies necessary to join the led a comprehensive effort to update the City's P.A. developed a Watershed Management Plan CRS program in 2016 as a CRS Class 6. Stormwater Master Plan. complying with all CRS criteria. Lori Lehr, Inc. Continued to work with the County to achieve assisted with drafting the Watershed a CRS Class 3 in 2022. Projects were -FEMA DFIRM Map Advocacy—Collective Management Plan and led all discussions with implemented in nearly every Activity in the worked with the City in 2013 and again in ISO on its scope to ensure that it will be CRS program including a Program for Public 2022 to advocate for more accurate DFIRMs. accepted in compliance with the requirements Information, Local Mitigation Strategy, of the CRS Coordinator's Manual. Technical Repetitive Loss Analysis, Watershed -Watershed Master Plan — Collective is work (including field work) included the Management Planning, Drainage Maintenance providing comprehensive modeling and development of stormwater structure elevation program, and Emergency Management reporting services to complete a Watershed data and modeling under various flooding and outreach. Master Plan in support of moving the City from sea level rise scenarios. The Watershed a CRS Class Rating of 5 to 4. Management Plan was part of a multi-prong strategy led by Lori Lehr, Inc. to move the County from a 5 to 4 Class Rating. The County collected more points than anticipated and ultimately received a Class 3 CRS designation with the Watershed Management Plan as part of that effort. Project Address/Location: Monroe County City of West Palm Beach Monroe County Murray Nelson Government Center 401 Clematis Street, 1st Floor Murray Nelson Government Center 102050 Overseas Highway West Palm Beach, FL 33401 102050 Overseas Highway Key Largo, FL 33037 Key Largo, FL 33037 Project Start Date: February 5, 2016 2016 January 25, 2017 Project Completion Date: Ongoing Ongoing August 6, 2019 Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-Consultants The Proposer proposes the following subcontractors or subconsultants for the major areas of work for the Project. The Proposer is further notified that all subcontractors/subconsultants shall be properly licensed,bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors/subconsultants,if required. Owner reserves the right to reject any subcontractors/subconsultants who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any subcontractors/subconsultants in order to make a determination as to the foregoing. r- By clicking hero;confirm_ = oroare no Subcontractor(s)aand=he Bidder shall perform=he project with=heir"OWN FORCES". Name JAddress Iscope of work Ilicense No IPercentage(/)of Contract Bid Number: UTL23-001 Vendor Rage 4Le �3 �b Collective Water Resources, 250 S. Australian Avenue Expertise: Florida Professional 33% LLC Suite 1110 Certified Floodplain Manager Engineer#61023 (Perez) West Palm Beach, FL 33401 with experience in the NFIP CRS program and specifically with Sea Certified Floodplain Level Rise criteria in 452.1b. Manager(Perez) Watershed Management Plan. Knowledge of water management issues in the City of Boynton beach and vicinity areas affecting the City with respect to projected climate change impacts, such as coastal/tidal/compound flooding, sea level rise, coastal erosion, shifting ecosystems, nutrient enrichment, elevated water table and the impacts to communities associated therewith. GIS related tasks along with extensive experience in climate change and H&H modeling in Southeast Florida. Expertise in Southeast Florida water resources to perform the required support services or tasks listed in this statement of work. Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. Bid Number: UTL23-001 Vendor Rage 64 Ot ml Erin L. Deady, P.A. 54 1/2 SE 6th Avenue Expertise: American Institute of 5% Delray Beach, FL 33483 Legal, Policy, Adaptation Certified Planners measures and support for #022131 development of Watershed Management Plan document. Florida Bar#0367310 Climate change impact analysis, public outreach, education. AICP land planner with experience in Florida to assist City staff in addressing future land planning/comp plan and zoning updates. Demonstrated successful experience in the development of sustainability best management practices and how they merge with resilience efforts for local governments in Florida. Locally relevant experience with state and federal policy and programs to address the built environment, natural environment and transportation systems. Successful experience in conducting productive public meetings that disseminate information, promote public interest and awareness of resilience planning and receive, track, respond to, and incorporate public comments and inquiries. Knowledge of existing funding streams (State, federal and non- governmental organizations at a minimum)for resilience related projects and demonstrated ability to apply for and obtain such grants. Other CRS and resilience related tasks as required by City staff. Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Bid Number: UTL23-001 Vendor Rage .ibLe �b Brizaga 2101 W Commercial Blvd Ste 4600, Expertise: None 1 Fort Lauderdale, FL 33309 Climate change impact analysis, public outreach, education. Locally relevant experience with state and federal policy and programs to address the built environment, natural environment and transportation systems. Successful experience in conducting productive public meetings that disseminate information, promote public interest and awareness of resilience planning and receive, track, respond to, and incorporate public comments and inquiries. Knowledge of existing funding streams (State, federal and non- governmental organizations at a minimum)for resilience related projects and demonstrated ability to apply for and obtain such grants. Other CRS and resilience related tasks as required by City staff. Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Bid Number: UTL23-001 Vendor Rage Lari e �b The Balmoral Group 165 Lincoln Avenue Expertise: None 1 Winter Park, FL 32789 Knowledge and experience in climate change impact analysis, public outreach, education and economic analysis specific to climate change adaptation projects. Knowledge of existing funding streams (State, federal and non- governmental organizations at a minimum)for resilience related projects and demonstrated ability to apply for and obtain such grants. Knowledge and experience in developing and implementing local resilience action plans with consideration of factors such as local economic growth, environmental conservation and how the unique needs and characteristics of the City of Boynton Beach play a role in such activities. Ability to analyze and demonstrate the economic dynamics of resilience in terms of both present day and future conditions including the return on investment for specific types of adaption projects. Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Bid Number: UTL23-001 Vendor Rage .itSLe �b Tetra Tech 759 S. Federal Highway, Suite 314, Expertise: None 1 Stuart, FL 34994 Knowledge of water management issues in the City of Boynton beach and vicinity areas affecting the City with respect to projected climate change impacts, such as coastal/tidal/compound flooding, sea level rise, coastal erosion, shifting ecosystems, nutrient enrichment, elevated water table and the impacts to communities associated therewith. GIS related tasks along with extensive experience in climate change and H&H modeling in Southeast Florida. Expertise in Southeast Florida water resources to perform the required support services or tasks listed in this statement of work. Knowledge of existing funding streams (State, federal and non- governmental organizations at a minimum)for resilience related projects and demonstrated ability to apply for and obtain such grants. Climate change impact analysis, public outreach, education. Locally relevant experience with state and federal policy and programs to address the built environment, natural environment and transportation systems. Other CRS and resilience related tasks as required by City staff. Project Goals: 2.2.13 Assist with hazard identification, flood mitigation, climate resilience and adaptation, regulatory compliance, and related consulting as needed. This may include data collection, H&H modeling, flood vulnerability assessment, GIS analysis, adaptation planning and implementation, legal risk analysis, Comprehensive Plan updates, CIP project identification and scoping, project prioritization and technical assistance on grey and green infrastructure to enhance resilience to flooding and sea level rise. 2.2.14 Research, review, recommend and prepare potential grant funding opportunities for the City to pursue related to flood mitigation, climate resilience, adaptation and green infrastructure. Schwalls Consulting, LLC 37 N Orange Ave, Ste 322 Expertise: Florida Professional 4% Orlando, FL 32801 Expertise in all aspects of Engineer#64060 participation within the NFIP CRS program including activities for Certified Floodplain maintaining and enhancing overall Manager participation in the program. Certified Floodplain Manager with experience in the NFIP CRS program and specifically with Sea Level Rise criteria in 452.1b. Watershed Management Plan. Other CRS and resilience related tasks as required by City staff. Project Goals: 2.2.10 Extensive review of the City's Elevation Certificates. Documents Ensure your submission clocument(s)conforms to the following: Documents should NOT have a security password,as City of Boynton Beach may not be able to open the file.It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than one(1) document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. Procurement forms must be completed,signed,notarized,sealed,uploaded,and or acknowledged when required and submitted.In addition,all other requests and supporting documentation must be included for your submittal to be completed and accepted. Bid Number: UTL23-001 Vendor Rage Le .iy �b • Proposers Qualification Statement-Proposer Qualifications Statement Lori Lehr.pdf-Tuesday January 10,2023 12:31:58 • Anti-Kickback Affidavit-Anti-Kickback Lori Lehr.pdf-Monday January 09,2023 09:38:41 • Non-Collusion Affidavit of Propose -Non-Collusion Lori Lehr 010923.pdf-Tuesday January 10,2023 12:41:51 • Certification Pursuant to Florida Statute§287.135-Certification Pursuant to 287.135 Lori Lehr.pdf-Monday January 09,2023 09:39:07 • Current Florida Professional License,including evidence of possession of required licenses,certifications and business permits-Licenses Biz and Certifications Lori Lehr.pdf -Monday January 09,2023 09:44:34 • E-Verify Form Pursuant to Florida Statute§448.095-E-Verify Lori Lehr.pdf-Monday January 09,2023 09:39:23 • Resumes-(Maximum of 6 Resumes)-Lori Lehr Team Resumes.pdf-Monday January 09,2023 09:51:14 • References-Boynton Beach Project References 010522-Step 2.docx-Monday January 09,2023 14:40:40 • Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion Form.-Certification Regarding Debarment Lori Lehr.pdf-Monday January 09,2023 09:39:37 • Oraanizational Chart and W-9-Org Chart and W9 Lori Lehr.pdf-Monday January 09,2023 11:26:38 • Additional Document-202301 10_Supplemental Document Upload Lehr.pdf-Tuesday January 10,2023 12:27:17 Bid Number: UTL23-001 Vendor Rage Le Page �416 OPM, 9 Addenda&Acknowledgements Special Conditions It will be the responsibility of the successful Proposer to supply necessary labor for the completion of services if requested by the City of Boynton Beach. The City by written notice may terminate in whole or in part any Contract resulting from this RFQ when such action is in the best interest of the City.If the Contract(s)are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination.Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. It shall be the responsibility of the successful Proposer to maintain workers'compensation insurance,professional liability,property damage liability insurance,and vehicular liability insurance;during the time any of his personnel are working on City of Boynton Beach property.Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City.The successful Proposer shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property.Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M.Best's Key Rating Guide,latest edition. The City of Boynton Beach reserves the right,before awarding a Contract to require a Proposer to submit such evidence of qualifications as it may deem necessary,and may consider any evidence available to it of the financial,technical,and other qualifications and abilities of a Proposer,including past performance(experience)with the City in making the award in the best interest of the City. The successful Proposer shall at all times guard from damage or loss of property of the City or of other vendors,Contractors,or Consultants and shall replace and/or repair any loss or damage unless such has been proven to have been caused by the City,other vendors,Contractors,or Consultants.The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Proposer or his agent. The City is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency.The work under this Contract involves a project consistent with these goals and objectives.Consequently,the City is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its Consultant.Therefore,as the City's Consultant for this project,the Consultant assures the City that the Consultant, its employees, subcontractors and assigns will refrain from acting adverse to the City's legitimate interest in promoting the goals and objectives of this project.The Consultant agrees to take all reasonable measures necessary to effectuate these assurances.In the event the Consultant determines it is unable to meet or promote the goals and objectives of the project,it shall have the duty to immediately notify the City.Upon such notification,the City,in its discretion,may terminate this Contract. PERFORMANCE EVALUATION:The awarded Vendor(s)will receive a performance evaluation by City Staff on all individual work orders.Work Orders with a term of six(6) months or more at a minimum,the Project Manager shall complete performance evaluations at the mid-point of the project term or more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. Should the services provided by the Consultant fail to meet the expectations of the City's Project Manager,the Consultant shall have a period of ten(10)working days from the date notice is given to the Consultant by the City,to correct all deficiencies in the Consultant's services under the Work Order.All corrections shall be made to the satisfaction of the City Project Manager.Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the Work Order without the City being liable for any and all future obligations under the Work Order as determined by the City at its sole discretion.The City,in its judgment,may elect to compensate the Consultant for any accepted work product through the date of termination of an authorized Work Order,provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in the completion of the work product. The Project Coordinator shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards.It is equally important to complete the"Contractor Performance Evaluation Form whenever any of the performance indicators are either"marginal"or "unsatisfactory".In the event the Average Rating Score is"marginal"or"unsatisfactory"even after reasonable efforts have been taken by the City to improve performance,the Project Coordinator shall coordinate with Procurement to determine what action needs to be taken under the circumstances. The Contract Performance Evaluation form enclosed within this solicitation illustrates a sample evaluation form to be used by the City for the various types of services provided by the Consultant The Bidder hereby acknowledges and agrees: 1.To provide all goods,services,and construction,as more specifically set out and in accordance with the Owner's Bid Call Document,including but not limited to the scope of work,specifications,drawings,Addenda(if issued by the Owner),the terms and conditions,etc.stated therein,which are expressly acknowledged and made part of this Contract. 2.This Bid is made without any connections,knowledge,comparison of figures or arrangements with any other company,firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3.IMIE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s)which shall include all costs but not limited to;freight,duty, currency,etc.in accordance with the prices and terms as submitted by the Bidder herein. 4.If IMIE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty(120)Calendar Days,whichever event first occurs,the amount of the Bid Deposit accompanying this Bid(if applicable to this bid)shall be forfeited to the Owner. 5.I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document. 6.IMIE(including any related or affiliated entities and any principal thereof)have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contractor Agreement,and in furtherance thereof may demand and obtain records and testimony from the Contractor and its sub-contractors and lower tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law,the failure of the Contractor or its subcontractors or lower tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs.Whenever two or more submittals which are equal with respect to price,quality,and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services,a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program,a business shall: Bid Number: UTL23-001 Vendor Rame: Lox Le�il7lp rage 341 OPM, Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection(1). In the statement specified in subsection(1),notify the employee that,as a condition of working on the commodities or contractual services that are under submittal,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or-plea of guilty or nolo contendere to,any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. P IANe have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Lori Lehr,President,Lori Lehr,Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid.Do you have a conflict of interest? Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. I have rev wed the File Name below addendum and Pages attachments(lf applieaWe) Addendum No.2-RFQ UTL23-001 CRS-Climate Resilience Planning Professional Services-Grant Funded r 1 Wed January 4 2023 02:29 PM Addendum No.1-RFQ UTL23-001 CRS-Climate Resilience Planning Professional Services-Grant 1 Thu December 22 2022 12:23 PM Bid Number: UTL23-001 Vendor Rage Le 4L �b Bid Number: UTL23-001 Bid Name: Community Rating System (CRS) and Climate Resilience Planning Professional Support Services - Grant Funded Closing Date: 1/13/2023 2:30:00 PM Number of Submissions Received: 3 Consensus Meeting: 3/8/2023 2:30:00 PM EVALUATORS Name Stage 1. Taralyn Pratt FSubmit]talCompliance2. John Kuntzman vauation, Interview/ Presentations 3. Angela Prymas Evaluation, Interview/ Presentations 4. Christopher Roschek Evaluation, Interview/ Presentations STAGES Number NameKEvaluation Type Weight N/A Submittal Compliance ance N/A 1 Evaluation 100.00 2 Interview/ Presentations w 100.00 Grand Total: 200.00 SCORES Submittal Compliance Vendor Score JR Evans Engineering Pass Lori Lehr Inc Pass South Florida Engineering and Consulting Pass 1 Evaluation Vendor Score out of 100.00 JR Evans Engineering 67.17 Lori Lehr Inc 89.00 South Florida Engineering and Consulting 70.50 Page 343 of 768 2 Interview/Presentations Vendor Score out of 100.00 JR Evans Engineering 60.50 Lori Lehr Inc 88.50 South Florida Engineering and Consulting 69.17 CUMULATIVE SCORE RESULTS Rank Vendor Score out of 200.00 1 Lori Lehr Inc 177.50 2 South Florida Engineering and Consulting 139.67 3 JR Evans Engineering 127.67 Page 344 of 768 DRAFT COMMUNITY RATING SYSTEM (CRS) AND CLIMATE RESILIENCE PLANNING PROFESSIONAL SUPPORT SERVICES—GRANT FUNDED *SUBJECT TO REVISIONS PRIOR TO SIGNING* THIS AGREEMENT("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and a [type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of , hereinafter referred to as "CONSULTANT". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. WHEREAS,the CITY solicited proposals for a non-exclusive contract to perform Community Rating System (CRS)and Climate Resilience Planning Professional Support Services, and WHEREAS, the CITY issued a REQUEST FOR QUALIFICATION FOR Community Rating System (CRS)and Climate Resilience Planning Professional Support Services—Grant Funded, RFQ No. UTL23-001; and WHEREAS, RFQ No. UTL23-001 defined Scope of Services for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services; and WHEREAS,the CITY determined that VENDOR was qualified for appointment to perform the scope of services set forth in RFQ No. UTL23-001; and WHEREAS, the CITY Commission on ��, determined that VENDOR was qualified for appointment to perform the scope of services set forth in the REQUEST FOR QUALIFICATIONS [RFQ]; and NOW,THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 VENDOR hereby agrees to perform the services for the[title of project, as more particularly described in RFQ No. UTL23-001 attached hereto as Exhibit "A" and by this reference made a part hereof. 1.2 VENDOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement,except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1.3 VENDOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises VENDOR thereof in writing,VENDOR agrees to re-perform such deficient services without charge to the CITY. 1.4 The relationship between CITY and CONSULTANT created hereunder and the services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other contractors to perform the RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-1 same or similar services performed by VENDOR hereunder, so long as no other consultant shall be engaged to perform the specific project(s) assigned to VENDOR while VENDOR is so engaged without first terminating such assignment. VENDOR shall be free to pursue relationships with other parties to perform the same or similar services,whether or not such relationships are for services to be performed within the CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's interests in the services provided by VENDOR hereunder. 1.5 VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY. 1.6 The CITY's Representative during the performance of this Agreement shall be 1.7 The VENDOR'S Representative during the performance of the Agreement shall be 3. TERM. The initial Agreement period shall be for an initial term of three (3) years, commencing on and shall remain in effect through . The CITY reserves the right to renew the agreement for two (2) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. The VENDOR understands and acknowledges that the services to be performed during the initial three (3) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the City's discretion), the VENDOR shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one- hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The VENDOR will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. 4. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work products required pursuant to this Agreement and specific task order unless an extension of time is granted in writing by the CITY. 5. PAYMENT,The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by VENDOR shall be made as provided on Exhibit` attached hereto. b. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. c. Compensation for sub-CONSULTANTS will be negotiated based on each task / purchase order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the City's representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub-CONSULTANT shall not be included in direct cost as the direct mark-up is applied for management efforts. b. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. e. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-2 f. Final Invoice: In order for both parties herein to close their books and records, the VENDOR will clearly state"Final Invoice"on the VENDOR's final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the VENDOR. g. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. h. The cost of all services as stated herein shall remain fixed and firm for the initial three (3)year period of the contract. Cost of subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumer Price Index(CPI-U)(National)as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty(60)days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CIY shall have the right to receive from the VENDOR, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In event the CIY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30)calendar days written notice to the VENDOR. i. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. Upon completion of the project and final payment to VENDOR, all documents, drawings, specifications, and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the VENDOR shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with VENDOR'S endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of VENDOR, shall be at the CITY's sole risk and without liability to VENDOR and VENDOR'S sub-CONSULTANTS. 7. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 8. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's services shall meet a standard of care for Community Rating System (CRS)and Resilience Planning Professional Support Services and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-3 9. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Service Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. 10. PRICES, TERMS, AND PAYMENT. Hourly rates shall be firm for the initial contract term of(3)three- years. No rate increases shall be accepted during the first or second year of this contract term. Thereafter, for the third year of the contract and any extensions which may be approved by the City shall be subject to the following: Costs for the three contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U)as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending December 31st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety(90)days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City Commission on recommendation of the Director of Financial Services. 11. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or§768.28, Fla. Stat., as may be amended from time to time. 12. INSURANCE. A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement,Worker's Compensation Insurance covering all employees with limits RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-4 meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury/and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30)days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability(Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must follow the form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3)years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30)days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 13. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-5 contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 14. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: The City of Boynton Beach encourages and agrees to allow the vendor to extend the pricing, terms, and conditions of this solicitation and resulting agreement/contract to other governmental entities pursuant to the requirements of the federal awarding agency. 16. TRUTH-IN-NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate"within one (1) year following payment. 17. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. ASSIGNMENT.The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 19. NON-WAIVER. A waiver by either CITY or VENDOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 20. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such neglect or failure. RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-6 21. DISPUTES. A. Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. B. Correction of Work. If, in the judgment of CITY, work provided by VENDOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment,delay, refusal,failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. a. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to VENDOR. b. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR together with the costs incident thereto to such default. c. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. d. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by VENDOR of such notice from CITY. 22. UNCONTROLLABLE FORCES. 22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-7 written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITY shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561)742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Address: Phone: Email: 23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both CITY and VENDOR. 24. PUBLIC RECORDS. 24.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Section 119.07, Florida Statutes. 24.2 The CITY is a public agency subject to Chapter 119, Florida Statutes. The VENDOR shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, VENDOR shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR'S possession. All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-8 IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 I 24. E-VERIFY. 24.1 VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 24.1.1 Definitions for this Section: A. "Contractor, Vendor, Proposer, Consultant" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 24.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E- Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and 25. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this RFQ, vendor certifies that vendor is not participating in a boycott of Israel. Vendor further certifies that vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-9 -6 WAI City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 26. FEDERAL REQUIREMENTS Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to VENDOR in this section shall also apply to any subcontractor under the terms of this Agreement. 26.1 Equal Employment Opportunity. During the performance of this contract, VENDOR agrees as follows: A. VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.VENDOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. VENDOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. VENDOR will, in all solicitations or advertisements for employees placed by or on behalf of VENDOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. VENDOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with VENDOR's legal duty to furnish information. D. VENDOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of VENDOR 's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. VENDOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. VENDOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-10 purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of VENDOR 's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and VENDOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. VENDOR will include the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. VENDOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event VENDOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, VENDOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel,terminate, or suspend in whole or in part this grant(contract, loan, insurance,guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY; and refer the case to the Department of Justice for appropriate legal proceedings. 26.2 Davis-Bacon Act. VENDOR shall comply with the Davis-Bacon Act(40 U.S.C.276a to 276a- 7)as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute,VENDOR must be required to pay wages to laborers and mechanics at a rate not RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-11 less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, VENDOR must be required to pay wages not less than once a week. 26.3 Copeland "Anti-Kickback" Act. VENDOR shall comply with the Copeland "Anti-Kickback" Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").VENDOR must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency. 26.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) VENDOR must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A)of this section the VENDOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A)of this section. C. Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by VENDOR or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (26.4.2) of this section. D. Subcontracts. VENDOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section. RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-12 26.5 VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671 q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). A. Clean Air Act. VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. VENDOR agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.VENDOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. B. Federal Water Pollution Control Act. VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act,as amended,33 U.S.C. 1251 et seq.VENDOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. VENDOR agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 26.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such VENDOR is required to verify that none of the CONSULTANT's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). A. VENDOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. B. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 26.7 Byrd Anti-Lobbying Amendment,as amended(31 U.S.C.§ 1352).VENDOR shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 26.8 Compliance with State Energy Policy and Conservation Act.VENDOR shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-13 26.9 Procurement of Recovered Materials. The CITY and VENDOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 26.10 Reporting. Pursuant to 44 CFR 13.36(i)(7),VENDOR shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of VENDOR which are directly pertinent to this contract for the purpose of making audits,examinations,excerpts,and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 26.11 Rights to Inventions. VENDOR agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 26.12 No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 26.13 Department of Homeland Security(DHS) Seal, Logo, and Flags. VENDOR shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre-approval. 26.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. VENDOR will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 26.15 Fraudulent Statements. VENDOR acknowledges that 31 U.S.C. Chap. 38 applies to VENDOR's actions pertaining to this Agreement. 26.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. A. Prohibitions. i. Section 889(b)of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-14 ii. Unless an exception in paragraph (B) of this clause applies, the VENDOR and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into,extend,or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology of any system; c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system;or d. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment,system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. B Exceptions. i. This clause does not prohibit VENDOR from providing: (a) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. ii. By necessary implication and regulation, the prohibitions also do not apply to: (a) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. C. Reporting requirement. i. In the event VENDOR identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system,during contract performance,or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (ii) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. ii. The VENDOR shall report the following information pursuant to this section: (i)Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within ten (10) business days of submitting the information required by this Section: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-15 and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The VENDOR shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 26.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the VENDOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means,for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 26.18 Affirmative Socioeconomic Steps. If subcontracts are to be let,VENDOR is required to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5)to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 26.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the VENDOR grants to CITY,a paid-up,royalty-free, nonexclusive, irrevocable,worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, VENDOR will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102,for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, VENDOR will deliver to the VENDOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by VENDOR. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-16 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH Daniel Dugger, City Manager (Authorized Official Name), (Vendor) Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Michael D. Cirullo, Jr. Office of the CITY Attorney Attest/Authenticated: Maylee De Jesus, City Clerk RFQ No. UTL23-001 CRS&Climate Resilience Support Services C-17 ATTACHMENT "A" City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City:(NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------•--------------------------------------------------------------------------------------------. TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED ----------------------------------------------------------------------------------------------------------------------------•---------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners &Contractor's Protective(OCP) Personal &Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Professional Liability Aggregate -$1,000,000.00 ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ------------------------------------------------------------------------------------------------------------------------------------------ Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY Revised 04/2021 6.E. Consent Agenda 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-042-Approve and authorize the Utilities Director to sign an Agreement for water and wastewater services with Colonial Estates, I nc. (PCN:0042-46-02-05-000-000) as the customer and the City of Boynton Beach. Explanation of Request: Colonial Estate Inc. owns real property outside of the jurisdictional limits of the City of Boynton Beach and the City has the ability to provide water and wastewater service to the Customer's property. There are 259 Equivalent Residential water connections which the City shall serve with a master water meter. The customer has agreed to pay the capacity fee associated with the connection provided to the City's drinking water supply and pay the capacity fee associated with the connection provided to the city's drinking water supply for any undeveloped lots when these are ready to be connected in the future. The Clubhouse will be serviced with a separate master water meter as a commercial unit and the customer agrees to pay the capital costs and connection fees associated with the commercial meter. The customer agrees to pay all costs and fees related to engineering, material, labor, installation and inspection of water and wastewater facilities as required by the City of Boynton Beach Code of Ordinances. The customer is responsible for installation and maintenance of water and wastewater service lines including backflow prevention devices as per backflow prevention program requirements upon the customer's premises. Ownership and title to all mains, extensions and other facilities extended from the Municipal Water system to, and including the metering service to the Customer's premises shall be vested in the City exclusively unless otherwise and conveyed or abandoned to the property owner. How will this affect city programs or services? This allows the City to collect additional revenues while providing a service for public health and safety. Fiscal Impact: No fiscal expense to the City. Revenues will vary based on water consumption. Alternatives: Not approve the agreement Strategic Plan: Building Wealth in the Community, High Performing Organization, Public Health and Safety Strategic Plan Application: Provides additional revenue while delivering water and wastewater services for public health and safety. Climate Action Application: Page 363 of 768 Is this a grant? No Grant Amount: Attachments: Type Description D Resolution Resolution approving Water Service Agreement with Colonial Estates D Agreement Water and Wastewater Service Agreement with Colonial Estates Page 364 of 768 I RESOLUTION NO. R23 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE UTILITIES 5 DIRECTOR TO SIGN AN AGREEMENT FOR WATER AND 6 WASTEWATER SERVICES WITH COLONIAL ESTATES, INC. 7 (PCN:0042-46-02-05-000-000) AS THE CUSTOMER, 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, Colonial Estate Inc. owns real property outside of the jurisdictional limits 12 of the City of Boynton Beach and the City has the ability to provide water and wastewater 13 service to the Customer's property; and 14 WHEREAS, Colonial Estates agrees to pay all costs and fees related to engineering, 15 material, labor, installation and inspection of water and wastewater facilities as required by 16 the City of Boynton Beach Code of Ordinances and the customer is responsible for 17 installation and maintenance of water and wastewater service lines including backflow 18 prevention devices as per backflow prevention program requirements upon the customer's 19 premises; and 20 WHEREAS, Ownership and title to all mains, extensions and other facilities extended 21 from the Municipal Water system to, and including the metering service to the Customer's 22 premises shall be vested in the City exclusively unless otherwise conveyed or abandoned to 23 the property owner; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be 25 in the best interests of the citizens and residents of the City of Boynton to approve and 26 authorize approve and authorize the Utilities Director to sign an Agreement for water and S:ACA\RESO\Agreements\Water ServiceAColonial Estates WSA-Reso.docx Page 365 of 768 27 wastewater services with Colonial Estates, Inc. (PCN:0042-46-02-05-000-000) as the 28 customer. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission hereby approves and authorizes the Utilities 35 Director to sign an Agreement for water and wastewater services with Colonial Estates, Inc. 36 (PCN:0042-46-02-05-000-000) as the customer, a copy of said Agreement is attached hereto 37 and incorporated herein as Exhibit "A". 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 4t" day of April, 2023. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor—Ty Penserga 45 46 Vice Mayor—Angela Cruz 47 48 Commissioner—Woodrow L. Hay 49 50 Commissioner—Thomas Turkin 51 52 Commissioner—Aimee Kelley 53 54 VOTE 55 S:ACA\RESO\Agreements\Water ServiceAColonial Estates WSA-Reso.docx Page 366 of 768 56 57 58 ATTEST: 59 60 61 Maylee De Jesus, MPA, MMC Ty Penserga 62 City Clerk Mayor 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 Michael D. Cirullo, Jr. 68 City Attorney 69 S:ACA\RESO\Agreements\Water ServiceAColonial Estates WSA-Reso.docx Page 367 of 768 AGREEMENT FOR WATER AND WASTEWATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT N AGREEMENT, e on y of �E - r — 2fl { ) y and between -COLONIAL� . C e of Corporation or Individual), hereinafter referred to as the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called e "City". Customer and City shall collectively referred to hereinas"Parties"or individually as ` WITNESSETH WHEREAS, usto er owns real property outside of the jurisdictional is of the City of Boynton Beach,Florida; e City of Boynton Beach has the abilityto provide water and wastewater service to Customer's property;and e City of Boynton Beach has a policy which conditions the grant of water and wastewater services outside of its jurisdictionalis on annexation of the property to be serviced to the City at the earliest practicable time. NOW THEREFORE, for and in considerationof the privilege of receiving water and wastewater service from the City's Municipal Water System and the mutual covenants expressed herein, i of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer i water and wastewater service from its Municipal at System e real propertydescribed as follows,which Customer represents is owned y Customer: - - 000-0000 PROPERTY SC E ATTACHED EXHIBIT"A" 2. The City agrees to receive all sanitary sewer collection flows from the point of connection, typically the property line, and transmit for treatments to the Regional Wastewater Treatment Plant. 3. The Customer and the City hereby agree that there are 259 Equivalent Residential Water Connections which City shall service with a master water meter. Customer hereby acknowledges and agrees to pay the capital costs and connection fees associated it the afore mentioned Equivalent Residential WaterConnections. a customer agrees to pay the capacity fee associatedi connection provided to the City's drinking watersupply. The customer aees to inform e City and pay the capacity fee associatedwith the connection provided to the City's drinking water supply for any undeveloped lots when these are ready to be connected the future. Page 368 of 768 4. The Customer and the City hereby agree that the Clubhouse shall be serviced with a separate master at meter which the City shall bill as a Commercial Unit. Customer hereby acknowledges and agrees to pay the capital costs and connection fees associated with the afore mentioned Commercial Unit Connection. 5. The Customer agrees to pay all costs and fees related to engineering, material, labor,installation and inspection of the water and wastewater facilities as required by the City of Boynton Beach Code of Ordinances ("Code') so the City may provide service to the Customer's premises. The Customer shall be responsible for installation of onsite improvements in conformance with all codes, rules and regulations applicable to the installation and maintenance of water and wastewater service lines including backflow prevention devices as per backflow prevention program requirements upon the Customer's premises. All onsite improvements to be connected to the Municipal Water System shall first be approved by the Director of Utilities or their designee and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform all necessary onsite improvements or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs and additional funds as may be necessary to pay the to actual costs incurred by the City. 6. Ali at and wastewater facility extensions made pursuant to this Agreement shall be used only by the Customer,unless written consent is granted by the City of Boynton each for other parties to connect. All connections shall be made in accordance with the Code and regulations of the City. 7. Ownership and title to all mains, extensions and other facilities extended from the Municipal Water System to, and including the metered service to Customer's premises, shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 8. Pursuant to Section 26-6 of City Code of Ordinances, the Customer agrees to pay all charges,deposits and rates for service and equipment in connection with at and wastewater service outside the City limits applicable under City Ordinances and rate schedules winch are applicable winch may be changed from time to time.Should aro owner fail to comply with the requirements of Chapter 26 Code of Ordinance,the City may assess and ° se a delinquency charge on the property owner's utility bill. 9. Pursuant to Section 26-9 of the City Code of Ordinances, Customer shall pay a twenty-five percent (25%) surcharge on the City's base facility rates for water and wastewater service provided to the Property (based on metered water,residential maximum 7,000 gallons) as may be applicable. 10 Any rights-of-way or easements necessary to accommodate the connections herein described shall be provided by the Customer to the City at the Customer's expense, I I The Customer shall, contemporaneously execute and deliver to the City the enclosed Irrevocable Special Power of Attorney which grants the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that its cooperate with the City and not raise opposition or challenge to such ION51981.3_V&"OU95) 2 Page 369 of 768 annexation if en annexation is initiated. The property shall subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation in accordance with Section 171.044, Florida Statutes, and the Palm Beach County Charter and Code of Ordinances. Furthermore, should y other general law, special act,or local law be enacted which ro for voluntary or consensual exation, this Agreement shall also be considered a request y the Owner(s) for annexation under such other laws. Customer will inform any and all assigns or purchasers of any or part of this property of thiscovenant of the Irrevocabler of Attorney,but Customer's failure to provide such notice shall not constitute a defense or bar to the City's dots as set forth herein. The Customer acknowledges at the consideration of initially co to the City's water and sewer systems is sufficient to support e grant of the hTevocable Special Power of Attorney and any subsequent disconnection or lace of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 12. The Customera owl at this Agreement is intended to be and is hereby made a covenant rumnng with the subject property moreparticularly described paragraph 1 above. This Agreement and the Irrevocable Special Power of Attorney contained herein shall be summari in a document titled Summary of Agreement for Water and Wastewater Services, Covenant for Annexation, and Irrevocable Special Power of Attorney and is to be recorded c Records of Palm BeachCounty,Florida, and thereaftershall be binding o e Customer subsequent transferee, grantees,heirs,successors and assigns. 13.. It is agreed that the City shall have no liability the event there is a reduction, impairment or termination ater service to be provided under this Agreement due to any prohibitions,restrictions,limitations or requirements of local,regional, to or Federalagencies or other agencies having jurisdiction over such ers. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water and wastewater service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, o er casualties or other circumstances yon e City's reasonable control. 14 The Customer hereby agreesto indemnify, defend and holdharmless the City, its employees, is , and agents their individual and official capacities) o against all claims, damages, law suits expenses cu reasonable attorneys fees (whether or not incurredon appeal or in connection with post judgment collection) and costs rising out of or resulting o e Customer's obligation under or performance pursuant to this Agreement including is u s for breach of warranty of title. 15 No additional or representations shall be binding on any of the parties hereto unlessincorporated in this Agreement No modifications or change ient shall be valid upon the parties uess in executed y the parties to be bound thereby. 16 The Customer warrants to the City that Customer holds legal and beneficialtitle to e property whichis the subject of this Agreement. Each person signing s Agreement individually at he ors e has full legal power to execute this Agreement, either in eir individual capacity or on behalf of the entity in named above, and has authority to bind obligate Customer with respect to all requirements contained in Us Agreement. 100431981,3 95; 3 Page 370 of 768 17 If applicable, nt replaces and supersedes in its entirety any prior water service nt between Customer and City. WITNESS my hand and official seal on this �—Ldayof CORPORATE ENTITY AS OWNER(S): COL0NLkL ESTATES, INC e r Witness Signature Name r . �y ,f e Title: a �r r Witness Signature / f {SEAL) Printed Witness Name ATTEST, Secretary :Print Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer u to aforesaide County aforesaid to °ciao ie n y s of " physicalpresence or online notarization, 12� ac owl executing the same,on behalf of C LONLAL,ESTATES,INC(Entity Name,and Type of Entity),as named in the foregoing agreement, and that he/she acknowledged executing e samein the presence of two subscribing freely and voluntarily under authority duly vested in hmkier by said Comoration and that the Cor orate seal aff ixed thereto is the true corporate seal of said Co ation. (Notary Seal) - - Otary P 1bbc Si a AM HEI E V Wblic•state or Pion a Print N of No PabliSSiort n HH 257758.Expires May 2a,2025h National Notary assn. IOD431981.3 ; 4 Page 371 of 768 Number: My Commission Expires Commission fW43,19813 306-99D5495) Page 372 of 768 CITY OF BOYNTON r FLORIDA, a ol. a municipal corpou ti By: ,. Poonarn Kalkat,Utilities Director A City Clerk (SEAL) Approved to Form: City tto e STATE F FLORIDA ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly au a tate aforesaid in e Coin afore to e acknowledgments, y s ofr—p1hysical presence o online notarization, Poonain KWKa:„ tiestar,of e Ci n d ° fo goinb agreement and that they severally acknowledged executing same in the presence of two subscribing ss freely voluntarily under authority duly vested in them by said at the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. y hand and o ' I seal in the County and Statelast aforesaid thisz2tday of—mm" , 2 MICHELLE CZECHOLINSKI (Notary ,' MY COMMISSION#HH254690 WIRES: u Nr',& xr,% °� i ture Bonded throheState insurance . .... . Printed e of Notary Public y C G `� i it s' V Commission Number: A14LGWoq 0 ( 3ML3. 93P 6 Page 373 of 768 IRREVOCABLE SPECIA.L POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH L as Corporate Representative of COLONIAL ESTATES, INC. hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name,place and stead,for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCN No.-00-42-46-02-05-000-0000 ----......................................-,...........-- PROPERTY DESCRIPTION: SEEI.IATrACHED EXHIBIT"X' The powers and authority of my attorney, THE C]TY OF BOYNTON BEACH, FLORIDA, shall commence and be in fan force and effect on the day of 20-)3 and the powers and authority shall be irrevocable by Grantee. SIGNATUIRE PAGE FOLLOWS IOD431981.3 3069905495) 7 Page 374 of 768 IN WITNESS WHEREOF, e have hereunto set our hands and seals the day of in the year 20 Sealed and delivered in the presence of WITNESS: CORPORATE ENTITY AS OWNER(S): CO-LO TOTES, C Witness S1 eN e € 't I Title. . " t _ r......mmm. . ..t P p d 11 tT'i Itness I ISEAL) Printed Witness e ATFEST: Secretary Print Name STATE OF" ss: COUNTY OF "'I MMp I HEREBY CERTIFY that on this day, before nye, an officer duly authorized in the State aforesaid and in the County aforesaid to take ackno)v edgirlents, by means of X physical presence or � online notarization, acknowledged executing the same,on behalf of......COLONIALT _ INC(Entity e,and Type of Entity), as named in the foregoing ent, and that he/she acknowledged executing the same ie presence of two subscribing witness ly and voluntarily under authority my vesthim/her by said °on and that the CoWorate seg 1, affixed iereto is the true corporate seal of said o ration. , (Notary Seal) � Y'D Ik� •., MICHELLE SYL QW otary Public Si, $ `�; Notary Public•State Of Florida ,ps: Commission 0 HH 267768 ' pFFrd . My Comm.Expires May 24,2026 t e of of t blic ��Bonded through National Notary assn. y © SS0n r:, 16 t 31981.3 j 8 Page 375 of 768 This Instrument prepared by and to be returned to: Steven G.Rappaport,Esquire Sachs Sax Caplan 6111 Broken Sound Parkway NW,Ste.200 Boca Raton,FL 33487 (561)994-4499 CERTIFICATE OF AMENDMENT TO THE BYLAWS OF NEW COLONIAL ESTATES,INC. I HEREBY CERTIFY that the amendments attached as Exhibit "A" to this Certificate were duly adopted as amendments to the Bylaws of New Colonial Estates. The Bylaws of Colonial Estates, Inc. are recorded in Official Records Book 14358, at Page 1306 of the Public Records of Palm Beach County, Florida. Dated: WITNESSES: NEW COLONIAL ESTATES,INC. By: gture President Print Name By: ,. Signature , n�� _�° ��; � , Secretary Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this day of �, L tg 2022, by as President and rN L. c as Secretary, of New Colonial Estates Association, Inc., a Florida Corporation, not-for-profit, on behalf of the corporation, who are personally known to me or have produced t as identification. [Notary Seal] Notary Public i Notaryame typed,printed or stamped ��v p MICHELLE BYLow Public state ar FloridaFlor;da My Commission Expires: _s Commission#HH 267768 oR+ My Comm.Expires May 24,2026 Bonded through National Notary Assn. Page 376 of 768 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in the Northeast quarter(NE%) of Section 2,Township 46 South, Range 42 East, Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the East quarter Section corner of said Section 2:thence S-89°-35'-22-"W, on an assumed bearing, along the East-West quarter Section line of said Section 2, a distance of 203.09 feet to an intersection with a line being 203.04 feet West of, a measured at right angles and parallel with the East line of said Section 2, said intersection being the Point of Beginning;thence continue S-890-35'-22-"W along the said East-West quarter section line of Section 2, a distance of 1451.97 feet to the southwest corner of the East half(E%) of the Southeast quarter(SE%)of the Southwest quarter(SW%) of the Northeast quarter(NE %)of said Section 2;thence N-10-22'-28"-W, along the West line of the said East half(E %) of the Southeast (SE1/4) of the Southwest quarter (SW%) of the Northeast quarter(NE%) and along the West line of the West half(W%) of the East half(E%) of the Northeast quarter(NE%) of the Southwest quarter(SW%) of the Northeast quarter(NE%) of said Section 2 a distance of 1314.24 feet to an intersection with a line being 25.0 feet South of, as measured at right angles,and parallel with the North line thereof;thence N -890-31'- 55"E, along said parallel line, being the South right-of-way line of a road right-of-way as described in Deed Book 374 at page 119 of the public records of Palm Beach County, Florida, a distance of 164.65 feet to an intersection with the West line at the East half(E %) of the East half(E%) of the Northeast quarter(NE%) of the Southwest quarter(SW%) of the Northeast quarter(NE%) of said Section 2; thence S-1°-24' -42"-E, along said West line,a distance of 116.25 feet to an intersection with the North line of the South 2.0 Acres of the said East half(E%) of the East half(E %) of the Northeast quarter (NE%) of the Southwest quarter (SW%) of the Northeast quarter(NE %) of Section 2;thence N -89°-33' -3"-E, along said North Line, a distance of 164.73 feet to an intersection with the East line of the said East half(E%) of the East half(E%) of the Northeast quarter(NE%) of the Southwest quarter(SW%) of the Northeast quarter (NE%) of said Section 2;thence N -1°-26'-54"-W, along said East line,a distance of 116.34 feet to an intersection with a line 25.0 feet South of,as measured at right angles, and parallel with the North line of the Northwest quarter(NW%) of the Southeast quarter(SE%)of the Northeast quarter(NE %) of said Section 2:thence N- 890-31'-55"-E, along said parallel line, being the said South right-of-way line of a road right-of-way as described in Deed Book 374 at page 119 of the public records of Palm Beach County, Florida,a distance of 1114.12 feet to an intersection with a line being 203.04 feet West of,as measured at right angles, and parallel with the said East line of Section 2;thence S-10-44' -45"E, along said parallel line, a distance of 707.31 feet to an intersection with a line being 732.31 feet South of, as measured at right angles, and parallel with the North line of the Southeast quarter(SE%) of the Northeast quarter(NE%) of said Section 2; thence N-89°- 31' -55"-E, along said parallel line, a distance of 150.08 feet to an intersection with a line being 53.00 feet West of, as measured at right angles, and parallel with the said East line of Section 2; thence S-1°-44'-45"-E,along said parallel line,a distance of 59.99 feet to an intersection with a line 548.68 feet North of, as measured at right angles, and parallel with the South line of the said Southeast quarter(SE %) of the Northeast quarter(NE%) of Section 2:thence 5-89°-35' -22"-W, along said parallel line, a distance of 150.00 feet to an intersection with a line, 203.04 feet West of, as measured at right angles, and parallel with the said East line of Section 2;thence S-10-44'-45"-E, along said parallel line, a distance of 548.68 feet to the Point of Beginning. Page 377 of 768 7118/22,9:18 AM httpsJAvww.pbcgov org/papa/Asps/PropertyDablUPrintefiiandlyPropertyPrint.aspx?parcel=00424602050000000 Property Detail LocationAddress 12375 S MILITARY TRL Municipality UNINCORPORATED Parcel Control Number 00-42-46-02-05-000-0000 Subdivision COLONIAL ESTATES INC MOBILE HOME PARK CO-OP 12375 N MILITARY TRAIL Official Records Book 05230 Page 0694 Sale Date APRA 987 COLONIAL ESTATES INC MOBILE HOME PARK CO-OP COMMON AREA A/K/A 2-46- Legal Description 42,E 1/2 OF SE 1/4 OF SW 1/4 OF NE 1/4&SE 1/4 OF NE 1/4(LESS E 203.04 FT OF N 732.31 Ff,E 203.04 FT OF S 548.68 FT&E 60 FT SR 809 RD R/W Owner Information Mailing address Owners COLONIAL ESTATES INC 12375 S MILITARY TRL BOYNTON BEACH FL 33436 5841 Sales Information Sales Date Price OR Book/Page Sale Type Owner APR-1987 $4,365,000 05230/00694 WARRANTY DEED Exemption Information— •-- No Exemption information available Property Information- -- Number of Units 0 'Total Square Feet 0 I Acres 5.73 Use Code 0900-RESIDENTIAL COMMON AREA/ELEMENT Zoning AR-Agricultural Residential(00-UNINCORPORATED) Appraisals, Tax Year 2021 2020 2019 Improvement Value $0 $0 $o Land Value $0 $0 $0 Total Market Value $0 $0 $0 All values are as of January ist each year .Assessed and Taxable Values--- Tax Year 2021 2020 2019 Assessed Value $0 $0 $0 Fxemptlon Amount $0 $0 $0 Taxable Value $0 $0 $0 � axes --® - Tax Year 2021 2020 2019 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 SO Total tax $0 $0 $0 Dorothy lacks®CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 378 of 768 y s i i fi 9 , Baa{kiAgs ON i k CL - r� S �$rYM t`n Of a , i 1 o 0 r N O o 0 ww WnFs FL J O z066 R 9J6 ^ V rt o d 3 =! z -t JA tq d 7 N � y N01 OiIlkz ! a I m CMO Page 379 of 768 Prepared, by "and return to. vAddreed beldw •i!1 WARRANTY DD. THIS WARRANTY DEED inade and -executed ihiq 1�-.p day. of A.D.' 1967-by F L OSTM JOSEPH F.: .KLEEMAN, i RO$LR7' M. BERTH@H, Trustees isn®e t All of DONALD W, FERRING, deceased herein 6lis4* . the Grantor, to • COLONIALS B9, INC.; a corporation ®xisting under the laws..of the State _.Flo®da,.;with its permanent post office address at 1x375. 'Military Trail 'Baynton , Ft -. 33436 hereinafter called he 'grantees ` (Wherever herein the .terms "grantor' and .,?grantee+1 include all atties to this instruinent 'and the 'heirs,, lege]:_kepres • e and' assigns of individuals., and- the succeissors and no of corporations), WITNESSETH: ThatMo grantor, for and in coneidetattan '•of the sum of $10.00 anher- valuable, conaidetations, receipt whereof ,is' hereby acknow4. a, .hereby grarite, bargaingr serfs, aliens, remises, releases., n\# s and confirms unto the grantee, all that certain land situate' ,14,.Jn Beach County; Florida,'viz2 See Exhibit "A'- attach 1 . e.eSUBJECT TO easements; x_ ions and reservations of +' ./ �, 5• record. •.,�' e 's,z •d a cher r•MrK 40 sa w. IdoVTOGETHER with• all the,• terlem hereditaments and appurtenances thereto belonging or -in anyo,appertaining. TO HAVE AND-TO K&D., the same in fee s forever. AND the' grantor hereby covenants with antee that the grantor is lawfully seized of -said land in f le' that the gradfor has good 'right and .lawfuluthority to sell and convey said lands that the grantor hereby fully warranto-the title to said land and will, defend the same againsi the lawful claims of Cror • ..O en all,persons whbmsoevera •and that said land. is free of all encum- `� broncos, except taxes accruing subsequent to the '1st 'day of f�1 .April., 1987. fii Ln: e Page 1 of 2 • Page 380 of 768 °r' .. .•rt,4rt:•144Vemt -----:ggv.jp..r,xi. -- ,. IN. WITNESS WHEREOF, the said granter-.has sigined and sealed these presents the day, and year first above .written. ' eignefl, sealed and •delivered in ® ofs , e As t soy Ro er er c , Tr stee, -, and a,6 Attorney-in-Fact.'for - Y ' Lewis 4. .Frost V Josaph F.' .r Kleertsn;• h11 .as 'T-Wstees UtW . Donald' W,. Perking, Dedeeased As to Ble O " STATE OF F COUNTY-.-OF 'PALM B 'i I HERMIT• � 'th'i t on• this' day, before me,'' an officer duly authorize$ State 'rand County' aforesaid to take. W -acknoWWgements, '�_sonally appeared ROSSR'f M. .BERTSCH, as' Trustee under the Wi Donald W: Fei•ring,, deceased.,',and es, attorney-in-!Fact for LEWD --,� FROST.afnd JOSEPH F. KI,EE11AN, all as Trustees under the'Will ald W. herring, deceased, to we known to be the persons bed lnand who executed the foregoing .-:ins trumen't and he &&edged before me' that he yyt, executed the same: WITIOES . my hand -and sea], in 'ounty and. State a•fos'eaaid this . day of _' D 1907. d My Comm nP1�jt� Thio.instrument Prepared by - •,, •. ,,. and return, to: i aolFtetd®"dterq ',i,;: " Charles W: Littell, Esq. 71ni as,doh�n6ctaY�.Ja:. Quarles a Brady Flagler Center Tower, Suite 600 . 505 'South Flagler •Dirive •West' Palm Beach, FL 33401 (305). 65577190 Cr .f7 O N. Page+2 of,J Page 381 of 768 A a' '0 • �. P SCHEDULE NA" DLftRIPTION 11'parcel'ofA ging in the Northeast quarter (N.H. 1/4) of SecEion 2, .zbwrAahlPp 46 42 East,,Palm Beach County, Florida, said parcel'being more i laxly_described as follottes commencing at ki}e`6aat • ter Section rename of said S ection 2; thence 5-09°-351-22-"W, assumed,beaiing, along the Esso-West quarter Section Brie of said Sec , a aistance of 203.09-feet to an • intersection with a line n ' 63.04 feet West of; ae measured at right angles, and Parallel with th line of^bald Section 2, said inter- section being the Point of:t, ; thence continue S-89"-351-22-"W, along the said East-Wast guar• tion lire of Section 2, a distance of 1451.97 feet to the Soodmat f the,East,half (E. 1/2) of the Southeast•quarter•(5.8. 1/4) of rteest quarter IS.W,. 1/4 olE the Northeast quarter (N.E. i/4) of i tqn 2; thence N-1°-221-28+'-W, along the oWeet•.lins'of the said f E. 1/2) of the Soutea hst (S.E. 1/4) of tine.SouthWest gmrter (S.W.. ) Ie Northeast quarter (N.E. 1/4) and along tine West line of the f 1 (W. 1/2) of the Hast half (E. 1/2)'of the Northeast quarter ('N. : Of the Southwest quarter (S.W.* 1/4) -of the•Northeaet quarter (N. of said dectioa 2 a dis- tance of 1314.24 feet.t®an intersection g line being 25•.9 feet South oE, as measured at right-angles, and parathe North line thereof° thence 11.-W-3114along saidaparallel irg the South° right-of-way,line,ef a road right-bf-way as ribed in Deed Book 374 at Page 119 of the public records•of Palm 80seb Co 4 Florida, a distance,of 164.65 feet••to.an inters tion with the West.l the, Fast Half (E. 1/2) of the East hal! (B. 1/2) of the Northeast guar, . 1/4)'of•tine , Bout]met quarter (S.W.• i/4) of 'the.Northeast gnati/4) of said Sectioat 2; thence S-1®-24'42"-E, al®ng said •West a 41st•ance of 116.25 feet'to an intersection with.the North li , South 2.0 Acres of fire said East half; (E:.Y/2) of the Fast hal! ( the Northeast quarter•(N'.E. 1/4) of the.Southwest quarter (S.W. 1/ Northeast quarter (N.E. 1/4).of Section 2; thence 1449643'-3 , g said North line, a distance of 164.73.feei to an intersection with:: e Fast line of the said Co t•hal! (E. A/2) of the East half (E., 1/2) of the Northeast ";ter (N.C..1/1) of the Soutiswest.guartet! (5.1P. 1%4) of the Nortlueaat quarter (N.E. 1/4)' of said 8ectlon'2;• 'thence N,10-46,_54-4, along said Cast line,. a distance of-116.34 feet to ap intersection-with•a line 25.9 feet Sasth of,.as measured at right angles, and parallel with the*North line of the-Nbrthamsk quarter (N.W. 1/4) of the Southeast gemrter IS C. 1/4) of the Nor quarter (1N.E:'.1/4) of said Section 28' thence N-890 31'-5S-r6,•along saki parallel line, being the said South ifr right-of-way lira' of a road sight-of-way as described in'Deed Batik 374 at .p Page 119-of the public records Of. Palm° Qgtuity, Flojida; a'die of 0 1114.12 feet to an lntereection with a line being 203.84 feet Not of, as CL ineasursd at right angles,.and parallel with the saiq East line of Section 2; 8-10-441-4509, along said parallel -•line, a distance of 787.31 In feet to an inberse6tion with aline being 732.31 Feet South of,•as mahoured ru .at right.angles, and parallel with the North line of the Southeast quarter IS.E. 1/4) 'of the Northeast %mrter .(N.E.1/4) of said Section 2; thence c m N9110 3l'-55-=E, along said Parallel line, a distence of 150.08 feet to an inter8e6tion with a line being 53.08 feet West of, not measured at.right Page 382 of 768 7 � , 1 ° s • I ° , angleer � AD rallel with'tha said-wast•line of Section 2e• dmmwe . 8-1®.-44° r,glM bald parallel lina' a distance Of 5!'.91 feet to an intersection wwa line,548666 feet Mor;h.of. as ffigasucsd at iighti'angles, and paralle t.bs'8outh ling of 'the said Southdast quarter (8.E. 1/4) of the lion r-ter (M.B. 1/4).of•8ettiun 21-'thenca 8-89°-35°-221-4, along said pa 1 line,.a dietance'of 154.88 feet town intersection with A 1•ine,203.94 fee of 6f, as at•ricyht angles. and parallel with the' baid.B t 11 'Section 2; 8-0-40"W-E, along said liarsl2e1 line, a of 548.68 feet to the Paint of Beginning. Q P I a �r rd , REC6RD 1(ERIPIIED �° ' PALM BEACM COUNTY,PLA. ° v JOHN B.DUNKLE CLORKCIRCUIT COURT , Page 383 of 768 2022 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#N21000003371 Apr 06, 2022 Entity Name:COLONIAL ESTATES, INC. Secretary of State Current Principal Place of Business: 176636C 12376 S.MILITARY TRAIL OFC BOYNTON BEACH, FL 334365842 Current Mailing Address: 12375 S.MILITARY TRAIL OFC BOYNTON BEACH, FL 33436-5842 US FEl Number.59-2762982 Certificate of Status Desired: No Name and Address of Current RegisteredAgent: ROSS,MICHAEL 12375 S.MILITARY TRAIL BOYNTON BEACH,FL 33436 US The above named onVW subm4s this statemenf for the purpose of changing Ifs registered off a or regAdered agant,or bath,in Phe Siete of Florid¢. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title PRESIDENT Tile VP Name ROSS,MICHAEL Name WILSON,LINDA Address 12375 S.MILITARY TRAIL Address 12375 S.MILITARY TRAIL City-State-Zip: BOYNTON BEACH FL 33436 City-State-Zip: BOYNTON BEACH FL 33436 Title TREASURER Tile SECRETARY Name HICKNER,MARK Name JOSEPH,EVELYN Address 12375 S.MILITARY TRAIL Address 12375 S.MILITARY TRAIL City-State-Zip: BOYNTON BEACH FL 33436 City-State-Zip: BOYNTON BEACH FL 33436 Tile OFFICER Title OFFICER Name HEATHFIELD,HAROLD Name DOCHERTY,JAMES Address 12375 S.MILITARY TRAIL Address 12375 S.MILITARY TRAIL City-State-Zip: BOYNTON BEACH FL 33436 City-State-Zip: BOYNTON BEACH FL 33436 Tide OFFICER Name FELICIANO,DANIEL Address 12375 S.MILITARY TRAIL City-State-Zlp: BOYNTON BEACH FL 33436 1 hemby eeuky trreP rhe tnPomroBon Imtieefedon Ahfs repaAarsuppkmantel mporP k[nreand Baeurate acid Ihet my ekdmnk ePpr+eture aheUheu®1he acme kgs!¢Red as Rmads VWW oadr;dw i em an offer ardh ww of dra wporaum or ft mc&Wr ar trustee ampowamd io axeeute Wa repoft m requhad by Chapter at7,RoMe Stafufas,and ihet my nem®app"n, above,won en di®chmenf ad other like empowered. SIGNATURE:MARK HICKNER TREASURER 04/06/2022 Electronic Signature of Signing M,,r/Directar Detall D ate Page 384 of 768 6.F. Consent Agenda 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Approve Task Order 23-B-03 with Engenuity Group, Inc., in the amount of$73,272 in accordance with RFQ No. UTL22-014, Professional Surveying and Mapping Services, awarded by City Commission on June 21st, 2022 to provide professional surveying services, for the road and sidewalk rehabilitation of the roads in the Cherry Hills, Ridgewood Hills, and Ridgewood Manor subdivisions. Explanation of Request: The roads within Cherry Hills, Ridgewood Hills, and Ridgewood Manor subdivisions (attachment 2 — location map) were constructed in the 1930s. The roads have seen numerous overlays since their original construction. When these roads were initially installed, considerations such as traffic calming and pedestrian safety were not as relevant. The streets have out lasted their design life and are at stage where they require an ever-increasing amount of maintenance (i.e. pothole and edge failure repairs). In their current condition, milling and resurfacing is the predominant recommended repair. However, there are areas where the road shows damages that indicate base failure. These isolated areas will need to be reconstructed. To support reconstruction, a survey is required for the in-house design effort. When the City rehabilitates the roads, staff also considers: 1. Roadway modifications (i.e. lane narrowing, etc.), 2. Adding sidewalks 3. Traffic calming. The survey requested with this agenda item will also be used to help staff with that design. The survey will also be used to the City's Street Atlas (a document that Staff is building that shows all the City's Rights of Ways). Attachments 3 and 4 are of the Engenuity Group's Proposal, and a copy of their executed agreement respectively. How will this affect city programs or services? Maintaining the roadway/adding sidewalks is a three-step process. This is the first step (surveying the existing conditions) needed to maintain/add the roads/sidewalk. The second step will be design. The third step is bidding and the award of the construction services. Fiscal Impact: Budgeted. The project will be funded from the Local Surtax Street Maintenance Funds (303-4905-580.63-08, C P0266). Alternatives: Mill and Resurface the roads without providing sidewalks. Strategic Plan: Page 385 of 768 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Attachment 2 - Location Map D Attachment Attachment 3- Engenuity Proposal D Attachment Attachment 4- Executed Agreement Page 386 of 768 Cherry Hills/Ridgewood Hills/Ridgewood Manor RJW Survey Scope of Work Location Map(highlighted roads are the roads intended to be surveyed): k � S s � 1 � Ali � t Y 4 v444444 � r I'd Lt 1`5— gg Y , Page 387 of 768 P-011 w 19 7 8 2 0 2 3 Sti (.21,110. vclier groiJ() r, February 24, 2023 Gary Dunmyer, MBA, P.E., G.C. City Engineer City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 (Via email: D�unm erGC6)bbfl.us) RE: Professional Surveying Services Cherry Hills, Ridgewood Hills & Ridgewood Manor ROW Survey Boynton Beach, FL Engenuity Group, Inc. Project No. 17024.19 Task Order 23-B-03 Dear Mr. Dunmyer: We are pleased to offer this proposal to render professional surveying services in connection with Road Rehabilitation and Sidewalk Infill located in the City of Boynton Beach, FL (hereinafter called the 'Project'). Engenuity Group, Inc. will prepare a Topographic and Tree Survey pursuant to Chapter 5-1-17.050 Florida Administrative Code, of project located in City of Boynton Beach. The specific survey limits are shown on the attached graphic which was provided by your office on February2l, 2023. Surveying Services Per the scope of your office provided to us the following will be included on the survey: 1 . Establish on-site bench marks base upon NAVID 88 Datum 2. Obtain sufficient control monumentation, if available, to graphically depict limits of property. 3. Show right-of-way lines or property lines, edge of pavement and centerline of roads, curbs, gutter) for each street listed, above. 4. Locate all above ground improvements include buildings, pavement, curbs, sidewalks, driveway, signs wood poles, fences, trees, mail boxes, and above ground evidence of utilities. Obtain rim elevations of sewer and drainage structures. On NW 3rd St only (inverts are also required). The city will provide as-builts. 5. Add below ground as-built information to the survey for storm and sanitary on NW 3,d St. (Subsurface utility locations are not included in the scope) 6. Obtain spot elevation on points of location and on an approximate 50' grid with high and low points extending within the limits. 2023 02-24 Proposal Project No. 17024.19 Page 1 of 7 M, Page 388 of 768 7. Locate specimen trees 4" diameter and larger, providing common name, diameter and position of trees. The location of shrubbery and landscaping will not be included. 8. Provide allowance for 10 cross-sections at locations to be determined after topographic survey is completed and as determined the City's by project manager. This work will be requested as needed. See the attached Designated Scope of Services for a specific list of additional items to be included on the survey. Below is a list of each street included in the services and its approximate length along with timeframe (in business days) shall you want to split them up and receive them in a specific order. Roads to be Surveyed Linear Feet Total Timeframe NW 3rd St (from Boynton Beach 3,450 $14,490.00 20 business Blvd to NW 13th Ave- include days LS on N side of NW 13th Ave) NW 4th St (from Boynton beach 2,625 $11,022.00 20 business Blvd to NW 10th Ave) days NW 5th St (from NW 4th Ave to 2,020 $8,438.00 10 business NW 10th Ave) days NW 2nd Street (from Boynton 660 $2,736.00 5 business Beach Blvd to NW 4th Ave- days include the intersection) NW 9th Ave (from NW 3,d St to 1,340 $5,662.00 5 business NW 5th St) days NW 8th Ave (from NW 1St St to 1,455 $6,184.00 5 business NW 4th St) days NW 7th Ave (from NW 3,d St to 585 $2,448.00 5 business NW 4th St) days NW 6th Ave (from N. Seacrest 2,150 $8,942.00 10 business Blvd to NW 5th St) days NW 5th Ave (from NW 3,d St to 505 $2,010.00 5 business NW 4th St) days NW 3rd Ave (from NW 3rd St to 505 $2,010.00 5 business NW 4th St) days Intersections to be Surveyed Linear Feet Total Timeframe extend 250' in all directions NW 2nd St and NW 4th Ave 500 $1,866.00 5 business days NW 6th Ave and NW 2nd St 500 $1,866.00 5 business (and NW 5th Ct and NW 7th days Ave 2023 02-24 Proposal Project No.17024.19 Page 2 of 7 Page 389 of 768 Round-a-bouts to be Surveyed Linear Feet Total Timeframe Round about located at NW 500 $1,866.00 5 business 10 St and NW 3rd Ct. It shall days include all lots and roads within 250 ft of the center of the round-about Round about located at NW 500 $1,866.00 5 business 10 St and NW 5t" Ave. It shall days include all lots and roads within 250 ft of the center of the round-about Round about located at NW 500 $1,866.00 5 business 10 St and NW 7t" Ave. It shall days include all lots and roads within 250 ft of the center of the round-about Total Fee: $73,272.00 The final deliverable will be an electronically signed and sealed copy of the Topographic & Tree Survey with accompanying AutoCAD file within 115 business day, but our goal is to have all portions completed within 60 business days. In the event of rain delaying our field work, the delivery time will be pushed back the same number of days. Permit Fees, Reproduction Charges and Reimbursable Expenses The Total Contract Price does not include the payment of any governmental agency submittal or processing fees. The cost of these fees and any costs incurred by the office for printing, reproduction and other reimbursable expenses such as postage, travel, and document copy charges will be billed to the client monthly. Invoicing and Payment Work will be invoiced on a monthly basis for work completed to date. Invoice shall be paid in full by the Client within thirty (30) days of the invoice date, unless within such thirty (30) day period, Client notifies Engenuity Group, Inc. in writing of its objection to the amount of said invoice. Such notice shall be accompanied by payment of any undisputed portion of said invoice. If written objection is not received within thirty (30) days it shall constitute approval of invoice by Client. If the payment is not received within fifteen (15) days of billing date, a late charge will be added to the invoice in the amount of 1'/2 percent per month on the outstanding balance. If payment is not received within sixty (60) days of the invoice date, work may be suspended on the project until the outstanding invoice(s) are paid in full. 2023 02-24 Proposal Project No.17024.19 Page 3 of 7 Page 390 of 768 This proposal represents the entire understanding between you and us with respect to the Project. If this satisfactorily sets forth your understanding of our agreement, please execute the attached Authorization and return it to us. If you have any questions, please do not hesitate to contact us. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS CONTRACT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT, AS LONG AS THE CONSULTANT MAINTAINS THE PROFESSIONAL LIABILITY INSURANCE REQUIRED UNDER THIS CONTRACT AND AS LONG AS ANY DAMAGES ARE SOLELY ECONOMIC IN NATURE AND THE DAMAGES DO NOT EXTEND TO PERSONAL INJURIES OR PROPERTY NOT SUBJECT TO THIS CONTRACT. Sincerely, Approved by, F Jennifer Malin, P.S.M. Andre Rayman, P.S.M. Director of Surveying President 2023 02-24 Proposal Project No.]7024.19 Page 4 of 7 Page 391 of 768 Authorization: Professional Surveying Services Cherry Hills, Ridgewood Hills & Ridgewood Manor ROW Survey Boynton Beach, FL Engenuity Group, Inc. Project No. 17024.19 Task Order 23-B-03 By: Date: (Name & Title) For: (Name of Company) Contract Amount: S73,272.00 I am I am not The Owner of the Property The Property Owner Is: Address: Telephone: Fax: 2023 02-24 Proposal Project No.17024.19 Page 5 of 7 Page 392 of 768 DESIGNATED SCOPE OF SERVICES: TOPOGRAPHIC/TREE SURVEY NAME: CHERRY HILLS, RIDGEWOOD HILLS & RIDGEWOOD MANOR ROW SURVEY ENGENUITY PROJECT NO. 17024.19 DATE: 2/24/2023 TASK: Included in Contract Topographical Survey (Yes/No) Minimum of two permanent benchmarks per every 500' on site; description and Yes elevation to nearest .01 '. Contours at 1-foot intervals; error shall not exceed one half contour interval. No Spot elevation at each intersection of a 50-foot square grid covering the property. Yes Spot elevations at street intersection and at 50 feet on center curb, sidewalk and Yes edge of paving including far side of paving. Topographic data will be obtained at 50-foot intervals of the road from right-of-way Yes to right-of-way. Plotted location of structures, man-made (e.g., paved areas) and natural features. Yes Location of water mains, and other utilities including, but not limited to, buried tanks No and septic fields serving, or on, the property based on as-built information supplied by utility companies. Location of fire hydrants available to the property. Yes Location and characteristics of power and communications systems above grade. Yes Location, size, depth and direction of flow of sanitary sewers, storm drains and culverts Limited, serving, or on, the property; location of catch basins and manholes, and inverts of see scope pipe at each. above Name of the operating authority of each utility. No Elevation of water in any excavation, well or nearby body of water. No Extent of watershed onto the property. No Trees of 6" and over (caliper 3' above ground); locate within V tolerance and give Yes species in English or botanical terms. Specimen trees flagged by the Owner or the Architect (_in number); locate to the No center within V tolerance; give species in English or botanical terms, give caliper and ground elevation on upper slope side. Perimeter outline only of thickly wooded areas unless otherwise directed. Yes Confirm soil boring location(s). No SUE Services included in the scope No Scale of drawing is typically 1 "=20' but will be determined by Engenuity Group, Inc. unless the client specifies a scale they would like the drawing at. Other (specify): 1. Datum will be National American Vertical Datum 1988 (NAVD 88) 2. SUE Services are Not included in the services 2023 02-24 Proposal Project No.17024.19 Page 6 of 7 Page 393 of 768 Graphic �t �'h�rrnacies IP v i t ly lJJ d4�>F iv !! 4 11l 5g y no F b I u a �- t7go, l + ii 2023 02-24 Proposal Project No.17024.19 Page 7 of 7 Page 394 of 768 1 RESOLUTION NO. R22-121 2 A RESOLUTION OF THE CITY OF BOY TON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGNINDIVIDUAL AGREEMENTS WITH FOUR 4) FIRMS AS A RESULT SOF REQUEST FOR S QUALIFICATIONS RFQ NO. UTL22-014 FOR PROFESSIONAL SURVEY AN 6 MAPPING SERVICES IN ACCORDANCE WITH FLORIDA STATUTE 287.0S;S THE CONSULTANTS` COMPETITIVE NEGOTIATION ACT (CCNA), AND 8 PROVIDING AN EFFECTIVE DATE. WHEREAS, RFC UTL22-014 for Professional Survey and Dapping Services was advertised 0 and submittals were electronically opened on March 16, 2022; and i1 WHEREAS, the City received fourteen (14) proposals whereby the top four (4) proposers 12 were submitted to the C=ity Commission on June 21, 2022 for approval and authorization to move 13 forward with negotiations to establish contract agreements for ongoing services in accordance 14 with Florida Statute 287,55, Consultants" Competitive Negotiations ,pct; and 15 WHEREAS, Task Orders will be submitted to the Commission for approval in accordance 1.6 with the City's Purchasing.. Policies and Procedures; and 17 'WHEREAS, the City Commission of the City of Boynton 'Beach, Florida, upon the 8 recommendation of staff, deems it to be in the best interests of the City residents to approve and 1.9 authorize the City Manager to sign individual agreements with four ( ) firms: Whidden Survey 20 and Mapping, Inc, Engenuity Group, Inc.; Avirom & Associates, Inc. and Caulfield & Wheeler, 21 Inc., as a result of Request for Qualifications RFQ No. UTL22-014 for Professional Survey and 22 Dapping Services in accordance with Florida Statute 287.055 the Consultants' Competitive 23 Negotiation Act (CCNA), 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNT N BEACH, FLORIDA, THAT. 26 Section 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 approve and authorize the City Manager to sign individual agreements with four ( ) firms S;',CA'R9:Si_tlAgreeMCnl..g,Agrei rnealls With Four Processiomfl Surveying And Mapping So-vices esu Doe;u Page 395 of 768 30 Whidden Survey and Mapping,Inc; Fngenuity Group,Inc,; Avirom&Associates,Inc,and Caulfield 31 & Wheeler, Inc„ as a result of Request for Qualifications RFQ No. UTL2 -014, for Professional 32 Survey and Mapping Services in accordance with Florida Statute 287,055 the Consultants` 33 Competitive Negotiation Act (CCNA). Copies of each Agreement is attached hereto and 34 incorporated herein as Exhibits "A - D". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED ANIS ADOPTED this—day of September, 2022. 37 CIT' ' OF R Yf T N REACH, FLORIDA 3 39 YEz- NO 40 Mayor- Ty Pe serga 41 42 Vice Mayor–Angela Cruz 43 44 Commissioner-Woodrow L. Hay 45 46 Commissioner– Thomas Turkin 47 48 Commissioner– Armee Kelley 49 50 ' CTL . 1 ATT 5 � 53 ��Lc .. 54 Maylee e e ins, MPA, C T (e 55 City C e y Ma y 6 & 4 57 APPROVED AS T RM 5 (Corporate Seal) M Ill0oe0# % r 59 T/W/ 1920 60 1.0 6.1 FLOMON Michael D. Crullo, Jr. 62 City Attorney S With Foo Pftisc;cws[onal Sujwyrr g And Mapping Services-Ifs c Doc.x Page 396 of 768 PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT (-Agreement,"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as 'CITY", and EngenUAt_2MP,_Ino. a [corporation] authorized to do business in the State of Florida, with a business address of 1280 North Congress Avenue, Suite 101,West Palm Beach, FL 33409, hereinafter referred to as the"VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials related to the[RFQ NO. UTI-22-0114-PROFESSIONAL SURVEY AND MAPPING SERVICES]. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the (PROFESSIONAL SURVEY AND MAPPING SERVICES]. 3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment, and supplies. 4. TERM. The initial Agreement period shall be for an initial term of three years, commencing on September 8, 2022 and shall remain in effect through §Eplernber 7, The CITY reserves the right to renew the agreement for two L?) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the C", and determination by the CITY that renewal will be in the best interest of the CITY. 5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work products required pursuant to this Agreement and specific task order unless an extension of time is granted in writing by the CITY. 6PAYMENT, The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by VENDOR shall be made as provided on Exhibit"A"attached hereto. lo. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c- Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement, Copies shall be made available upon request, RFQ No,UTL22-014 Professionaf Surveying&Mapping Services _f ;ZAAi Page 39:7 f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Pert VII, Chapter 218, Florida Statutes. T OWNERSHIP AND USE OF DOCUMENTS. All documents„ drawings, specifications and other materials produced by the VENDOR in connection with the services rendered ander this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDR's endeavors. . FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the anneal budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. g. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's services shall meet a standard of care for professional surveying and snapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RF , VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project. Tanager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY.. 10. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement,faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 11. PRICES TERMS AND PAYMENT: Hourly rates shall be firm for the initial contract terra of( )three- years. No rate increases shall be accepted during the first or second year of this contract term. Thereafter, for the third year of the contract and any extensions which may be approved by the City shall be subject to the following; Costs for the three contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based' on the latest yearly percentage increase in the All Urban Consumers Price Index.(CPI- )as published by the Bureau of tabor Statistics, U.S. Department of Labor, and shall not exceed five percent 5%),. The yearly increase or decrease in the CPl shall be that latest Index published and avaiiable for the calendar year ending December 31st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety(gg)days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. Cost adjustments, in all cases shall reflect only a direct passthrough of costs, and no changes to the V'endor's profit margin shall be permitted. All rate increases above % must be approved by the City Commission on recommendation of the Director of Financial Services. 12. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands,suits„causes of actions or proceedings of any kind or nature arising out of relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any RFQ No,UTL22-014 €rofessional Surveying&Mapping Services C-2 kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's,responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or§768.28, Fla. Stat., as may be amended from time to time. 13. INSURANCE. A, During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: 1. Worker's Compensation Insurance., The VENDOR shall procure and maintain for the life of this Agreement,Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogaticyn in favor of the CITY of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 7, 'Indemnification" of this Agreement, This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury/and $1,000.000 per occurrence/aggregate for property damage.The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability(Errors,and Omissions) Insurance, The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V, Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's RFQ No. UTL22-014 Professional Surveying&Mapping Services C-3 Page 399 Liability. This coverage shall be maintained for a period of no less than the later of three 3)years after the delivery of goods/services or final payment pursuant to the Agreement. B. 'VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers.A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty(30)days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Duman Resources and Kish Management. The CITY reserves the right to review„ modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement.. 14INDEPENDENT CONTRACTOR. The 'VENDOR and the CITY agree that the "VENDOR is an independent contractor with respect to the services provided, pursuant to this ,Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the'services provided under this Agreement.The CITY shall not e responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 15. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall 'have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent foe.. 16. TRUTH-1 N-N EGOTIATION EN TI I ATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate„ complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service, E. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of foes paid to outside VEND Rs. The CITY shall exercise its rights under this"Certificate"within one(1)year following payment. 17. DISCRIMINATION PROHIBITED The VENDOR, with regard to the work performed by it under this agreement„ will not discriminate on the grounds of race.,color, national origin, religion, creed, age„ sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFQ No. UTL22-014 Professional Surveying&Mapping Services 19. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 20. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the CITY against loss pertaining to this termination. & Termination for Cause. In addition to,all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause,should VENDOR neglect or fail to perform or observe any of the terms, provisions,conditions, or requirements herein contained,if such neglect or failure shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such neglect or failure, 21. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 22. UNCONTROLLABLE FORCES. 221 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITY shall be sent to the following address;, James Stables, Interim City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: Engenuity Group, Inc. Attn: C.Andre Ra man Address, 1280 North Congress Avenue Suite 101 West Palm Beach, FL 33409 Phone: (561.)655-1151 Email: ora man b' citron erg erruit r ruU=m RF Q No, TL -b1 Professional Surveying&Mapping Services C-5 Page 401 of 7681 23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations,or agreements written or oral. This agreement may be amended only by written instrument signed by both CITY and VENDOR. 24.SOVEREIGN IMMUNITY. 24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law, 24.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees,however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law, The CITY does not consent to mediation or arbitration for any matter connected to this Agreement, 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. 25, E-VERIT=Y. 25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below, 25.1.1 Definitions for this Section: A. 'Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. 'Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. " -Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448,095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the B- Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of-. A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and RFQ No. UTL22-014, Professional Surveying&Mapping Services C-6 Page 482 of 768 B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien, The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination, Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one(1) year after the date of termination, 26. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 27. MISCELLANEOUS, 271 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 27,2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 27,3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives In respect of all covenants,agreements, and obligations contained in the Contract Documents. RF Q No.UTL22-014 Professional Surveying&Mapping Services C-7 Page, 2483 of 76 274 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorneys fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above.. 27.5 Prior to final payment of the amount due under the terms of this Agreement„to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability b CONTRACTOR in connection with this Agreement, 27.6 At all tinges during the performance of this Agreement, CONTRACTOR shall protect CITY`s property from all damage whatsoever on account of the work being carried on under this Agreement. 27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 27.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral, This Agreement is intended by the parties hereto to be final expression of this Agreement,and it constitutes the full and entire understanding between the paries with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONT CTCR's bid proposal„ this ,Agreement shall govern then the solicitation„ and then the bid proposal. 27,9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Executions and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery.. 28. DEFAULT OF CONTRACT& REMEDIES: 28.1 Correction of Work, If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, andlor replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 28.2 Default of Contract.. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR; 26.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days.. 26.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY`s designee, 28.2.6 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7)days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of II CONT CTOR's default is such that more than seven (7) days are reasonably required for its cure,, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. FQ No. UTL22-014 Professional Surveying&Mapping services -8 t 2824 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder.. 2826 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the tiling by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty(80)days),or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty(30)days. 283 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment,delay, refusal,failure,negleot, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal,failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY,CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten(10)days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all suras due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive ,monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perforin the services under the Agreement. 28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by reletting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default.. 28.3.3 In the event CITY completes the Agreement at a Lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 28.3 Notwithstanding the other provisions in this Article„ CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar(1 )days of the receipt by CONTRACTOR of such notice from CITY. THE REMAINDER OF THIS PAGE IS LIFT INTENTIONALLY BLAND SIGNATURE PAGE FOLLOWS RFC, No.UTL -014 Professional Surveying&Mapping Services - ,j "This Agreement vwrill,take effect once signed by both parties.This reement may be signed by the parties in counterparts which together shall constitute one and the same agreement along-the parties.A facsimile signature shell constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures.. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which shall be considered an original on the following dates; ) DATE}this day of i CITY OF BO`u`NTON BEACH 4) ambles, Interim City Manager (Authorized official Name),(Vendor) O.Andre Rayman, FSM' Print Narroe of Authorized Official President Title Attest/Authenticated: (Corporate eel,J ' e tTO1V s olr Maylee a u , Ity of � � % i s e rL fa� AttestAuthenticat Approved as to Form:, r Michael , Oirullo,Jr, Secretary Office of the'GIT 'Attorney RFQ No.U "L 14 Professional surveying&Mapping services ®1 Page 406 of 768 Page 407 of 768 Surveying & Mapping Negotiated Rates Engenuity Group, Inc. Classification Hourly Rates Employees Identified Project Manager $172.00 Jennifer Malin, PSM, C. Andre Rayman, PSM Professional Surveyor/Mapper $158-00 John Rice, PSM Survey Technician $9&00 Justice Sadzauchi, SIT Senior Field Representative $123.00 Travis Morrell (Professional) Survey Crew(2 Men) $144,00 Michael Van Zee, Brent Sampaio Survey Crew(3 Men) $172.00 Reggie Bailey, Clarence Cole, Edwin Mansell Laser Survey Crew $187.00 Kevin Gomez, Juan Olav,e Hydrographic Survey Crew $170.00 Simon Gestin, Jean Fadael GIS Spe6alist $123.00 Gary Rayman, PSM CAD D Technician $WOO Mariah Anderson Aerial Photogrammetry N/A N/A Engenuity Group, Inc. Page 408 of 768 ATTACHMENTS tE, t �,. 'N i1 P� S 'g, y �1i { 4a t t S� 1 t a s is t; r Q No UTL22-014 Professional Surveying&Mapping Services AT I TACHMENT "A"' City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by,providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of'B+"or higher. (NOTE. An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.)Thefollowing is a list of types of insurance required of contractors, lessees,etc.,and the limits required by the City:(NOTE.This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits,based upon identified risk.) ____..------------------a_ --------------------------------------------------------------- ------------------------- IYPE(Occurrence,Based Only) MINIMUM LIMITS REQUIRED ----------------—--------------------—--------------I-----.......--------------------_------------------------ ---------------------------- General Liability General Aggregate $ !,D00,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,OWOO Owners&Contractor's Protective (OCP) Personal&Adv, Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,0010i000,00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Forma Vendors Med.Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability .............. --------------------- ......----------------------------- Aggregate-$1,000,000.00 --------- --- -- - - ----------------------- -------- -----__________.___.-....,.u... --- -- - - -- -- --- ------------------------ -- . ...... Automobile Liability - Combined Single Limit $ 1,000,000 00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ——--—----------------------------- -------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined -——-----—------------------------------------- ------------I-----—--—------------------------I----------- Workees Compensation Statutory Limits Employees Liability Each Accident $ 1.000,81?[J OO Disease,Policy Limit $ 1,000,0W00 Disease Each Employee $ 1,000,000.00 —-------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost -_________---_______---________---I——-------v--_ ----_ __-__------------------------------------------_-n_-._.. ------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY Revised 04/2021 RFQ No,UTL22-014 Professional Surveying&Mapping Services Page 410 of 768 . ............ 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Consent Agenda 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Legal Expenses—February 2023. Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included. Goren Cherof Doody & Ezrol Legal Department $55,295.00 Goren Cherof Doody & Ezrol Risk Litigation $ 4,917.16 Outside Counsel $97,711.14 TOTAL $157,923.30 How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 413 of 768 Type Description D Attachment Goren Cherof Doody & Ezrol February 2023 1 nvoices D Attachment Goren Cherof Doody & Ezrol February 2023 Risk Litigation Invoices D Attachment Jones Foster Town Square litigation February 2023 D Attachment Johnson Ansel rno- Smith vs Police Officers- Berben February 2023 D Attachment Kopelowitz Ostrow- Sohn Arbitration - January 2023 D Attachment Olds & Stephens February 2023 Invoice D Attachment Johnson Ansel mo- Estate of Davis- February 2023 D Attachment Lewis Longman - J KKA Litigation - February 2023 D Attachment Lewis Longman - E2L Litigation February 2023 D Attachment Lewis Longman Town Square Development- February 2023 D Attachment Roberts Reynolds- Geraci vs Zeller - February 2023 D Attachment Roberts Reynolds- Beecher vs Felix- February 2023 D Attachment Roberts Reynolds- Smith - February 2023 D Attachment Roberts Reynolds- Readon February 2023 D Attachment Johnson Ansel mo- Ford - February 2023 D Attachment Johnson Ansel mo- Morris- February 2023 D Attachment Johnson Ansel mo- GEICO! - February 2023 D Attachment Johnson Ansel mo- Natalie Flake- February 2023 D Attachment Johnson Ansel mo- Bozzacco- February 2023 D Attachment Johnson Ansel mo- Tammi Philson - February 2023 D Attachment Johnson Ansel mo- Venegas- February 2023 D Attachment Johnson Ansel mo- Estella - February 2023 D Attachment Johnson Ansel mo- Norwood - February 2023 D Attachment Wydler Law- Smith vs Police Officers Page 414 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 46345 Attn: Lynn Swanson LABOR -General HOURS 02/01/2023 MDC draft separation agreement re: Spates, per City Manager 0.40 02/07/2023 QEM Telephone conference with Ms. DeCoste re: pre-employee issue; review and evaluation of the law pertaining to same. 1.60 02/08/2023 MDC review materials, prepare for and attend call with City Manager and Cline and her counsel 1.10 SHB Discuss Cline matters with MDC. Telephone conference with MDC, Dugger, Garcia, and Cline re: claims made by Cline and Garcia request to speak with City Manager. 0.90 02/09/2023 QEM Review and discuss Labor issue with Mr. Cirullo. 0.90 02/14/2023 MDC confer with Quentin on labor inquiry re: felony conviction eligibility matters 0.30 02/21/2023 JFK revise &finalize Boynton Beach Pension Plan Amendment Ordinance; correspondence with HR re: Union acceptance of changes 1.60 02/22/2023 MDC review materials for Monteith pre-determination hearing 0.50 SHB Review previous pre-d transcripts and Monteith documents. Telephone conference with MDC re: pre-d meeting and discipline matters. 1.40 JFK correspondence with Bonnie Jensen re: Employee Pension Plan amendments; correspondence with Tennille DeCoste re: Employee Pension Plan ordinance; 0.40 02/23/2023 MDC review materials, prepare for and attend pre-D meeting re: Monteith 1.00 SHB Telephone conference with Lynn Swanson re: pre-d letter. 0.10 02/24/2023 MDC review status of arbitration process 0.30 02/27/2023 MDC misc calls and review correspondence re: Monteith 0.30 02/28/2023 JFK telephone call with Bonni Jensen re: Employee Pension Plan amendments 0.30 MDC. misc follow up on Monteith, review correspondence on pension board ordinances and investment policies 0.40 FOR CURRENT SERVICES RENDERED 11.50 2,587.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 4.30 $225.00 $967.50 Page 415 of 768 Page: 2 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-0603180 STATEMENT NO: 46345 LABOR-General TIMEKEEPERHOURS H_OU__RLY RATE TOTAL Klahr/Julie F. 2.30 225.00 517.50 Quentin E. Morgan 2.50 225.00 562.50 Shana H. Bridgeman 2.40 225.00 540.00 02/28/2023 Court Reporter: Prestige Reporting Service 442.50 Professional Services 442.50 TOTAL ADVANCES THRU 02/28/2023 442.50 TOTAL CURRENT WORK 3,030.00 BALANCE DUE $3,030.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 416 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 46346 Attn: Lynn Swanson Red Light Cameras HOURS 01/17/2023 PE Updated tracking log. Sort organized and prepared 11 notices for PBH approval. 3.40 01/18/2023 PE Converted 11 notices to PDF/A and e-filed. Sent prose notices to printer for mailing. 4.30 01/23/2023 PE Updated tracking log. Sort organized and prepared 5 notices for PBH approval. Communicated with PD regarding defendant address. 1.90 01/24/2023 PE Made corrections to notices. Prepared an amended notice to update defendant address for PBH approval. 4.40 01/25/2023 PE Converted corrected notices to PDF/A and e-filed. 2.10 01/30/2023 PE Updated tracking log. Conference call with PBH and updated calendar. 0.70 02/02/2023 MDC review correspondence, status of additional approved cameras 0.30 PE Looked up cases on the clerks website. Sort organized and prepared 7 notices for PBH approval. 4.00 02/03/2023 PBH Reviewed NOls. Composed email to paralegal regarding NOI verification. 0.50 02/06/2023 PBH Reviewed NOls and subpoenas. Composed email to Patricia regarding information provided in NOI. 0.50 PE Updated tracking log, corrected notices, changed date and sent 8 notices for PBH approval. Sort organized and prepared remaining notices for 3/14/2023 hearing. Updated TABs. Communicated with PD regarding defendant address. Check clerk website for verification request. 7.00 02/07/2023 PE Converted to PDF/A sent prose notices to printer for mailing. Communicated with PD regarding defendant address. Efiled 8 notices for 3/14/2023 hearing. 2.10 02/10/2023 PE Prepared and organized remaining subpoenas. Sent 11 notices for 3/14/2023 hearing for PBH approval. 2.40 02/13/2023 -PBH Reviewed NOls. 0.70 PE Verified attorney email. Updated tracking log, converted 11 remaining notices for 3/14/2023 hearing to PDF/A. 4.50 02/14/2023 MDC review materials, call with Verra Mobility to re: Palm Beach County Page 417 of 768 Page: 2 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-0806020 STATEMENT NO: 46346 Red Light Cameras HOURS permitting issues; revise draft letter re: installation of equipment 0.60 02/16/2023 MDC review and respond to correspondence on county requirements for new red light camera installations 0.30 02/20/2023 PBH Reviewed NOls 0.70 PE E-Filed 12 notices for 3/14/2023 hearing. 0.90 02/23/2023 PE Sort organized and notices for 4/11/2023 hearing. Prepared 1 notice for 3/14/2023 hearing. Updated tracking log. Updated PBH calendar. 3.00 02/24/2023 PE Communicated with PD regarding returned mail. Inquired about missing addresses. Sorted notices for 4/12/2023 hearing. 1.70 02/27/2023 PE Updated tracking log Prepared 9 notices for PBH approval 2.80 02/28/2023 PE Converted to PDF/A sent prose notices to printer for mailing and a-filed for 4/12/2023 hearing. 3.00 PBH Reviewed NOls and NOI corrections. 0.80 FOR CURRENT SERVICES RENDERED 52.60 7,095.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 1.20 $225.00 $270.00 Paul Hernandez 3.20 250.00 800.00 Patricia Eugene 48.20 125.00 6,025.00 Photocopies 14.00 TOTAL EXPENSES THRU 02/28/2023 14.00 TOTAL CURRENT WORK 7,109.00 BALANCE DUE $7,109.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 418 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 46347 Attn: Lynn Swanson General Matters HOURS 02/01/2023 MDC misc follow up on agenda items for 2-7-23 meeting, research and review issues relating to use of city seal; misc calls with City Manager; meetings at City Hall on pending items; review agenda for 2-7-23 meeting 2.60 QEM Preparation of email correspondence to Ms. Pinto re: procurement collusion issue; review and evaluation of follow-up information from Ms. Pinto; respond to Ms. Pinto re: matter. 1.40 HN Phone discussions with Candice Stone re: Barrie Mizerski's emails. Review of Candice's response. Discussion with MDC. Review of email from Barrie Mizerski. 1.80 PBH Discussed proposed legislation language with MDC. 0.10 02/02/2023 MDC review correspondence re: head start lease, review telecommunications matters, review agenda items for upcoming meetings 1.00 - HN Phone discussion with attorney Scott Fishman and review of email from him relating to Barrie Mizerski's code complaints. 0.40 MDC review correspondence on annual audit response 0.30 02/03/2023 MDC review materials re: DEO/grants, meet with staff at City Hall; review misc pending items with Lynn Swanson 2.50 QEM Review and evaluation of Gehring Group Agreement; discuss termination issue with Mr. Cirullo. 1.20 02/06/2023 SMS Call on permit records and ownership of Canal Right of Way; Review of Letter on 25 Year Building Inspection; Review of Agreement with Recreation Results; Prepare for, and attend P & D Board Meeting. 7.30 JGH Telephone call with Lynn Swanson; review 2/7 commission agenda and meeting preparation. 0.50 MDC misc emails on coordinating meeting coverages, status of contract reviews 0.80 02/07/2023 MDC misc telephone calls and review and prepare emails re: preparation for meeting; review emails on sunshine law, procurement issues 2.00 HN Phone discussion with Candice Stone re: 3095 N. Seacrest Blvd. Review and edits to Candice's draft email to Barrie Mizerski. Review of email sent from Candice Stone to Barrie Mizerski. 0.50 QEM Review and follow-up with Ms. DeCoste re: Gehring Contract. 0.70 QEM Preparation for and meeting with staff re: procurement conflicts of and collusion issue. 1.20 SMS Prepare for, and attend City Commission Meeting; Discussion on Lutheran Services Demand Letter; Correspondence related to Advisory Board and related calls 8.30 Page 419 of 768 Page: 2 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 46347 General Matters HOURS JGH Telephone conference call with Lynn Swanson; confer with attorney Sean Swartz and review 2/7 Commission Agenda. 0.50 02/08/2023 MDC misc follow up from 2-7-23 meeting, review materials on DEO grant matters; misc calls with Lynn Swanson 1.00 PBH Reviewed and researched statutes, ordinances, and standards in preparation for meeting with MDC. 0.50 SMS Review of correspondence related to Mangrove Park; Research and review related to Education and Youth Advisory Board. 0.60 02/09/2023 QEM Review and approve request for Publishing -CDBG FY2023 Annual.Action Plan - Public Input Meeting. 0.70 QEM Review of Prime Time STEAM Contract revisions; follow-up with staff re: same. 0.90 HN Email exchange with Tanya Guim re: chronic nuisance meetings. Review of email from Candice Stone and review of-email from Barrie Mizerski. Review of additional emails from Barrie Mizerski with pictures of backyard structure. 0.60 MDC call with Lynn Swanson on pending matters, 2-21-23 agenda; review agenda items for 2-21-23 meeting; review emails on pending real estate matters, contract review 1.10 SMS Research, review, and correspondence related to minutes at Education and Youth Board Meetings; Discussion on Pierce Project; Discussion, correspondence, and review related to Termination of Right of First Refusal for SHIP Funds; Review correspondence related to Mangrove Park. 1.30 02/10/2023 QEM Review and discuss outstanding items and PrimeTime Agreement with Ms. Swanson. 0.80 MDC review agenda items for 2/21 meeting; mise calls with staff; review emails on contract review 0.70 SMS Review correspondence related to Wells Landing; Review and correspondence related to Power of Attorney. 0.70 02/13/2023 MDC review agenda items for 2/21 meeting; misc calls with Lynn Swanson; call with City Manager; review materials and conference with Vice Mayor on Leisureville 1.70 QEM Review and evaluation of question re: Towing Ordinance; from Mr. Cline; review of law; respond to Mr. Cline re: matter. 1.40 SMS Review related to Heart of Boynton NOP Lease. 0.90 02/14/2023 MDC continue reviewing items for 2/21/23 agenda, misc calls with Lynn Swanson on pending matters; follow up with Vice Mayor on Leisureville item 1.50 PBH Discussed proposed legislation with MDC. 0.30 SMS Correspondence related to agenda items; Draft Facility Use Agreement. 0.80 02/15/2023 MDC review emails on campaigning, research and prepare email response; review agenda items for 2-21-23; confer with Lynn Swanson on pending matters; meet with City Manager; attend special commission meeting 4.10 HN Email exchange with Ryan Abrams re: Code Case No. 22-00001814. Email exchange with MDC. Review of Section 166.033(5), Florida Statutes and Section 380.031(4), Florida Statutes re: development permits. Research as to the difference, if any, between development permits and building permits. 1.00 SMS Approval/review of Agenda items; Review of Sponsorship Agreement with NFL. 0.80 SMS Review related to 2191 N. Seacrest; Review related to agenda items. 0.80 Page 420 of 768 Page: 3 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 46347 General Matters HOURS 02/16/2023 MDC continue reviewing agenda materials for 2-21-23 meeting 0.80 SMS Revisions to Sponsorship Agreement and review of agenda items; Draft Addendum for Recreation Results; Discussion related to Boat Dock and records. 2.80 QEM Research legislative history re: parameters of towing administrative fee. 1.40 02/17/2023 MDC review correspondence on pending contract issues, procurement and agenda; call potential consultant re: cell tower/antennae; review agenda materials for 2/21/23 1.80 - QEM Review of documents provided by staff re: Gelin Benefits Agreement; respond to staff re: matter. 1.00 SMS Review, discussion and research on sea wall issue. 0.80 QEM Begin review of Integrated Supply Agreement documents. 0.90 HN Phone conference with Candice Stone and John Kuntzman re: Case del Mar boat dock-violation. Review of Section 166.033(5), Florida Statutes. Email exchange with John Kuntzman. Phone conference with attorney Ryan Abrams re: status of case del mar code case. 1.00 02/20/2023 MDC continue to review materials for 2-21-23 Commission meeting 0.40 QEM Review and evaluation of additional NAPA agreement documents; follow-up with Ms. Pinto re: matter. 2.10 QEM Finalize review of towing franchise question and respond to Mr. Cline. 1.10 02/21/2023 MDC review emails and related documents on towing contract, review The Pierce materials, review agenda and prepare for meeting; meet with Lynn Swanson on pending matters; review inquiry on public speech matters; meet with Mayor to review agenda; attend City Commission meeting 8.40 SMS Review of document provided by Attorney for land holder adjacent to vacations; Call and discussion on NOC signature; Review of 7 Kepner Drive Issue. 2.50 HN Research relating to 1st amendment and handing out religious leaflets on a sidewalk near city hall. Review of notes from SHB when she researched this last year. Email to MDC. 1.80 02/22/2023 MDC continuation of 2-21-23 city commission meeting 2.5.0 QEM Review and evaluation of revised STEAM Agreement; respond to staff re: same. 1.40 SMS Calls to discuss Youth and Education Board and sunshine laws; Initial review of Business lease. 0.80 02/23/2023 MDC review emails on agenda items for 3-9-23 meeting; telephone conference call with CityScape re: telecommunications matters; update City staff 2.00 QEM Review of correspondence re: status of JCI Agreement discussions. 0.80 HN Review of agenda for chronic nuisance meeting this afternoon. Phone discussion with Candice Stone. Attendance of Chronic Nuisance monthly meeting. Review of email from Candice Stone on question re: 480 W. Boynton Beach Blvd. Email to MDC re: Candice Stone's question Review of email from Candice Stone with active chronic nusiance agreements and letters. 1.60 -SMS Prepare for and attend Education and Youth Advisory Board, 0.50 JFK prepare agenda back up for Ordinance amending Employees' Pension Plan 0.40 02/24/2023 MDC review emails on contract review; review agenda items for 3/9/23 meeting; review E911 agreement; mise calls with Lynn Swanson on pending matters 0.90 Page 421 of 768 Page: 4 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-9001821 STATEMENT NO: 46347 General Matters HOURS QEM Begin review of Mark43 contract documents; preparation of Addendums for Agreements. 3.20 SMS Call and research on Sea wall Issue; Call and correspondence related to 7 Kepner Drive. 1.90 HN Review of email from Tanya Guim re: chronic nuisance properties. Research and review of case law relating to a protestor blocking a public sidewalk. 1.20 02/27/2023 MDC misc emails on pending matters, review agenda items for 3-9-23 meeting 1.40 QEM Continue review of Mark43 Agreement; follow-up with Risk re: review of indemnification provisions. 1.40 HN Research as to a protestor blocking the sidewalk. Email to Mike Cirullo with legal analysis. 1.20 SMS Review related to property taxes for property; Review P & D Board Agenda. 0.90 QEM Review and evaluation of City of Boynton Beach Information Technology Procurement Policy Draft 2023; follow-up with staff re: matter. 1.70 QEM Telephone conference with Ms. Pinto re: NAPA agreement. 0.60 02/28/2023 QEM Follow-up with staff re: City of Boynton Beach Information Technology Procurement Policy Draft 2023. 0.50 SMS Review related to maintenance agreement on private easement property; Review Facility Use Agreement; Prepare for, and attend P & D Board Meeting; Draft Fiscal Sponsorship Agreement; Review ILA with the County for Recreational Use. 5.80 MDC review emails on status of agenda review, PDB meeting items, review materials for 3/1/23 meeting with BOA representatives 0.90 QEM Review of responses from staff re: Mark43 Agreement; preparation of email correspondence to Mark43 counsel and transmit edits to Agreement for review. 2.20 FOR CURRENT SERVICES RENDERED 115.90 21,033.50 Color photocopies Photocopies TOTAL CURRENT WORK 21,033.50 BALANCE DUE $21,033.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 422 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 46348 Attn: Lynn Swanson Litigation Miscellaneous HOURS 02/02/2023 BJS Draft No Information for filing with review of criminal docket and public records 0.60 02/20/2023 MDC review status of pending litigation with new associate 0.30 02/22/2023 MDC meet with Adam Levine on pending cases 0.50 02/24/2023 MDC meet with Adam Levine on status of transition of pending matters 0.30 02/27/2023, MDC continue to review transition of matters to Adam Levine 0.30 02/28/2023 MDC continued meetings with Adam Levine on pending litigation matters 0.30 FOR CURRENT SERVICES RENDERED 2.30 517.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 1.70 $225.00 $382.50 Brian J. Sherman 0.60 225.00 135:00 TOTAL CURRENT WORK 517.50 BALANCE DUE $517.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 423 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905263 Boynton Beach FL 33435 STATEMENT NO: 46352 Attn: Lynn Swanson Town Square Development HOURS 02/01/2023 MDC misc calls with Kathryn Rossmell, discuss status of Development Agreement with City staff; review updated Development Agreement and related documents 1.70 02/02/2023 MDC misc telephone calls and conferences re: development agreement and schedule for approvals; review staff comments on most recent draft agreement; review revised development agreement and status of potential special meeting; follow up with Kathryn Rossmell; review comments from - Time Equity; revise ordinance and public notice for 2-15-23 hearing 2.40 02/03/2023 MDC review multiple emails and comments from Time Equity representatives re: latest version of Development Agreement; revise notice and ordinance for 2/15 meeting; call with Kathryn Rossmell 1.00 02/06/2023 MDC misc emails on status of development agreement and related documents; review correspondence re: PDB meeting 0.90 02/07/2023 MDC misc emails with Kathryn Rossmell on preparation for 2-7-23 meeting, status of documents and materials for 2-15-23 special meeting; misc calls with Sean Swartz on PDB meeting 1.10 02/08/2023 MDC follow up from 2-7-23 meeting; review correspondence on status of Development Agreement materials for 2-15-23 meeting; review draft documents re: parking; misc conference calls with Kathryn Rossmell on status of project; meet with Sean Swartz on status of related ordinances and preparation for public hearings on Development Agreement; attend conference call with staff; review case on continuing ordinance hearings; conference with commissioners 4.70 SMS Telephone conference call to discuss Development Agreement and related correspondence and review. 0.40 02/09/2023 MDC call with Lynn Swanson on agenda items for Development Agreement, review updated materials; attend conferences with Commissioners 3.90 02/10/2023 MDC misc conference calls on development agreement, status of project review and revisions from Time Equity 1.70 SMS Review and correspondence on Development Agreement Agenda item. 0.20 02/13/2023 MDC misc calls on status of documents; review related emails on agenda materials and finalization of documents; confer with Kathryn Rossmell; conference with Vice Mayor 2.00 Page 424 of 768 Page: 2 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-9905263 STATEMENT NO: 46352 Town Square Development HOURS 02/14/2023 MDC misc telephone calls, follow up on Commission conferences, review documents for 2/15/23 meeting; conference with City staff on status of parking agreements and related documents for 2/21/23 meeting 1.70 02/15/2023 MDC review materials, misc calls with Kathryn Rossmell; conference with staff, prepare for special meeting on Development Agreement 2.70 02/16/2023 MDC follow up from 2-15-23 special meeting, misc calls with Kathryn Rossmell; call with Andrew Mack; continue review of materials for 2-21-23 agenda 1.30 SMS Meeting to discuss Town Square and Land Exchange and related correspondence/call on environmentals. 0.60 02/17/2023 MDC continue coordinating documents with Kathryn Rossmell (parking, estoppel); misc calls with Kathryn Rossmell, review escrow agreement; meet with staff on status of parking agreement and utility letters 3.90 02/19/2023 MDC misc calls with Kathryn Rossmell, review draft of Temp Parking Easement for Central parcel; prepare draft of Temp Parking Agreement for North Parcel, forward to Kathryn Rossmell and staff for review 1.40 02/20/2023 MDC review comments on parking agreements from time equity, review revised documents; misc calls with Kathryn Rossmell 1.20 02/21/2023 MDC review Continuing Parking Agreement and responsive comments from Time Equity; review updated revisions to Development Agreement; review issues with Temporary Parking Easements; misc calls with Kathryn Rossmell and City staff; prepare form of exhibits per Kathryn Rossmell; coordinate finalizing revised and new documents for 2-21-23 agenda, including exhibits; meet with staff to prepare for meeting 4.80 02/22/2023 MDC follow up with Kathryn Rossmell on 2-21-23 approvals, call with Lynn Swanson; call with Mark Lynn 1.30 02/23/2023 MDC review email correspondence and drafts of documents regarding applicability of new ordinances to development plan; review final documents to confirm readiness for execution; confer with Kathryn Rossmell on finalization of documents 1.00 02/24/2023 MDC review emails on parking lease agreements, finalizing documents 0.30 02/27/2023 MDC review emails and final parking agreements; misc follow up with Kathryn Rossmell and Mark Lynn on status of final documents and execution of documents 1.10 02/28/2023 MDC review status of documents and execution, misc follow up on development order 0.30 FOR CURRENT SERVICES RENDERED 41.60 9,360.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 40.40 $225.00 $9,090.00 Sean M. Swartz 1.20 225.00 270.00 Page 425 of 768 Page: 3 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-9905263 STATEMENT NO: 46352 Town Square Development TOTAL CURRENT WORK 9,360.00 BALANCE DUE $9,360.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 426 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905412 Boynton Beach FL 33435 STATEMENT NO: 46355 Attn: Lynn Swanson Mangrove Park- Lease from St. Mark's HOURS 02/02/2023 SK Reviewing file 0.60 DJD Address status of negotiations 0.70 02/03/2023 SK Organizing file 0.20 02/06/2023 SK Reviewing file, sending draft agreement 0.30 02/15/2023 DJD Address inquiry from counsel for Diocese 0.70 FOR CURRENT SERVICES RENDERED 2.50 452.50 RECAPITULATION _TIMEKEEPER_ HOURS HOURLY RATE TOTAL D.J. Doody 1.40 $225.00. $315.00 Sabrina Kalil 1.10 125.00 137.50 TOTAL CURRENT WORK 452.50 BALANCE DUE $452.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 427 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY_OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905456 Boynton Beach FL 33435 STATEMENT NO: 46357 Attn: Lynn Swanson adv. Priority Towing HOURS 02/22/2023 AGL First review of litigation file and docket re: litigation posture 2.30 AGL Prepare correspondence to client 0.20 AGL Review trial order 0.20 AGL Review witness list 0.20 02/23/2023 AGL Preparation of change of attorney notice 0.30 AGL Receipt and review of correspondence from client regarding potential trial witnesses 0.20 AGL In preparation for correspondence to client regarding potential motion for summary judgment review motion to dismiss second amended complaint 1.70 AGL Begin research concerning caselaw re: arbitrary and capricious selection of proposal for settlement 0.80 FOR CURRENT SERVICES RENDERED 5.90 1,327.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 5.90 $225.00 $1,327.50 TOTAL CURRENT WORK 1,327.50 BALANCE DUE $1,327.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 428 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 46359 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) HOURS 02/02/2023 MDC call with Tom Baird and Joanne O'Connor re: status of settlement and update to court 0.50 02/07/2023 MDC review correspondence with mediator re: status of settlement; review emails on status of trial, concerns of Time Equity counsel 0.30 FOR CURRENT SERVICES RENDERED 0.80 180.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.80 $225.00 $180.00 Color photocopies 02/06/2023 Professional Services: Prestige Reporting Service 827.50 02/06/2023 Professional Services: Prestige Reporting Service 540.00 02/06/2023 Professional Services: Prestige Reporting Service 615.00 Professional Services 1,982.50 TOTAL ADVANCES THRU 02/28/2023 1,982.50 TOTAL CURRENT WORK 2,162.50 BALANCE DUE $2,162.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 429 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905557 Boynton Beach FL 33435 STATEMENT NO: 46361 Attn: Lynn Swanson Colonial Estates, Inc./Boynton Beach Agreements HOURS 02/10/2023 SMS Correspondence related to signed Agreements. 0.20 FOR CURRENT SERVICES RENDERED 0.20 45.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 0.20 $225.00 $45.00 TOTAL CURRENT WORK 45.00 BALANCE DUE $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 430 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 46363 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 02/22/2023 AGL First review of litigation file 0.60 AGL First review of appellate documents 0.30 02/28/2023 HN Review of email from John Kuntzman. Phone discussion with John Kuntzman. 0.20 FOR CURRENT SERVICES RENDERED 1.10 247.50 RECAPITULATION TIMEKEEPER HOURS H_O_URL_Y RATE TOTAL Heather Needelman 0.20 $225.00 $45.00 Adam G. Levine 0.90 225.00 202.50 TOTAL CURRENT WORK 247.50 BALANCE DUE $247.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 431 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905603 Boynton Beach FL 33435 STATEMENT NO: 46365 Attn: Lynn Swanson ARPA Legal Review HOURS 02/07/2023 SMS Draft ARPA Agreement template with School Board. 0.60 02/10/2023 SMS Draft ARPA Agreements with Schools. 1.50 02/13/2023 SMS Revisions to 9 ARPA School Agreements and finalize drafting. 1.00 FOR CURRENT SERVICES RENDERED 3.10 697.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 3.10 $225.00 $697.50 TOTAL CURRENT WORK 697.50 BALANCE DUE $697.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 432 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905604 Boynton Beach FL 33435 STATEMENT NO: 46366 Attn: Lynn Swanson Wells Landing ARPA Grant Agreement HOURS 02/15/2023 SMS Correspondence on subordination. 0.20 02/17/2023 SMS Zoom conference call to discuss Lease for NOP Program at Wells Landing and review of Lease. 0.70 02/27/2023 SMS Review/revise Lease for NOP. 0.60 FOR CURRENT SERVICES RENDERED 1.50 337.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 1.50 $225.00 $337.50 TOTAL CURRENT WORK 337.50 BALANCE DUE $337.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 433 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905630 Boynton Beach FL 33435 STATEMENT NO: 46368 Attn: Lynn Swanson adv. Deutsche Bank(Michele Dimon a/k/a Michele Pravata) HOURS 02/07/2023 HN Review of status of case and case docket. Review of amended complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 90.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Heather Needelman 0.40 $225.00 $90.00 TOTAL CURRENT WORK 90.00 BALANCE DUE $90.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 434 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905631 Boynton Beach FL 33435 STATEMENT NO: 46369 Attn: Lynn Swanson Indoor Training Facility(PPP) HOURS 02/09/202.3 SMS Zoom conference call to discuss outstanding revisions and draft revisions to Agreement. 1.30 02/10/2023 SMS Correspondence, call, and revisions to Facility Use Agreement. 0.50 02/13/2023 SMS Draft First Amendment; Review of revisions to Sports Facility Use for Insurance. 1.30 02/14/2023 SMS Draft revise First Amendment. 0.70 02/15/2023 SMS Revisions and discussions on First Amendment and Agreement with Angels. 0.60 02/16/2023 SMS Review and discussion on revisions to Agreement. 0.70 02/17/2023 SMS Telephone conference call to discuss revisions and review of Agreement; Zoom conference call to discuss with Angels the revisions to the Agreement and internal meeting; Revisions to Agreement. 2.90 02/21/2023 SMS Discussion and correspondence on First Amendment; Prepare for and Attend City Commission Meeting. 3.30 02/22/2023 SMS Telephone conference call to discuss updates to Agreement with Angels and related usage. 0.50 02/23/2023 SMS Conference call to discuss revisions; Revisions to Agreement. 0.80 02/27/2023 SMS Calls to discuss Agreement and revisions; Draft Revisions and review of Agreement. 0.90 FOR CURRENT SERVICES RENDERED 13.50 3,037.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 13.50 $225.00 $3,037.50 TOTAL CURRENT WORK 3,037.50 BALANCE DUE $3,037.50 Page 435 of 768 Page: 2 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-9905631 STATEMENT NO: 46369 Indoor Training Facility(PPP) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 436 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905647 Boynton Beach FL 33435 STATEMENT NO: 46370 Attn: Lynn Swanson adv. Sohn, Mark (Termination Grievance) HOURS 02/21/2023 MDC review payroll information, review City's motion re: discovery 0.30 02/22/2023 MDC Telephone conference call with special counsel on status of arbitration 0.50 02/2.3/2023 MDC review email updates on status of arbitration hearing and discovery dispute 0.30 FOR CURRENT SERVICES RENDERED 1.10 247.50 RECAPITULATION TIMEKEEPER HOURS HOU_ R_LYRATE TOTAL Michael D. Cirullo 1.10 $225.00 $247.50 TOTAL CURRENT WORK 247.50 BALANCE DUE $24.7.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 437 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E.Ocean Avenue ACCOUNT NO: 306-9905654 Boynton Beach FL 33435 STATEMENT NO: 46371 Attn: Lynn Swanson adv. E21- Real Estate Solutions, LLC (Amended Complaint) HOURS 02/15/2023 MDC confer with special counsel on status of litigation 0.30 02/27/2023 MDC review cases related to asserted claims 0.30 DJD Review Florida case law 1.20 02/28/2023 MDC review emails on status of case 0.20 FOR CURRENT SERVICES RENDERED 2.00 450.00 RECAPITULATION TIMEKEEPER_ HOURS HOURLY_ RATE TOTAL D.J. Doody 1.20 $225.00 $270.00 Michael D. Cirullo 0.80 225.00 180.00 TOTAL CURRENT WORK 450.00 BALANCE DUE $450.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 438 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905658 Boynton Beach FL 33435 STATEMENT NO: 46372 Attn: Lynn Swanson Sale to Nicholas P. Malinsoky-SE 21st Avenue, Boynton Beach, FL 33435 HOURS 02/06/2023 SMS Revise Seller's Documents. 0.30 02/20/2023 SMS Review of Agenda item for Malinowsky. 0.30 02/27/2023 SMS Discussion and review of final closing documents. 0.80 02/28/2023 SMS Revise Agenda item and correspondence on possible revisions to affidavit. 0.30 FOR CURRENT SERVICES RENDERED 1.70 382.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 1.70 $225.00 $382.50 TOTAL CURRENT WORK 382.50 BALANCE DUE $382.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 439 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905659 Boynton Beach FL 33435 STATEMENT NO: 46373 Attn: Lynn Swanson adv. 300 Property Owners Association (Robert Emminger Foreclosure) HOURS 02/07/2023 HN Review of status of case and of case docket. 0.30 02/13/2023 HN Review of status of case and of notice of action. Review of previously filed answer. 0.30 FOR CURRENT SERVICES RENDERED 0.60 135.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Heather Needelman 0.60 $225.00 $135.00 TOTAL CURRENT WORK 135.00 BALANCE DUE $135.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 440 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905671 Boynton Beach FL 33435 STATEMENT NO: 46266 Attn: Lynn Swanson adv. State of Florida (Pientka Holdings, et al) Unity of Title HOURS 02/06/2023 KLE Review pleadings 0.40 02/14/2023 KLE Review pleadings filed by Pientka 0.40 FOR CURRENT SERVICES RENDERED 0.80 180.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Kerry L. Ezrol 0.80 $225.00 $180.00 TOTAL CURRENT WORK 180.00 BALANCE DUE $180.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 441 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905673 Boynton Beach FL 33435 STATEMENT NO: 46374 Attn: Lynn Swanson Exchange of Real Property HOURS 02/01/2023 SK Finalizing and sending critical dates letter 0.10 DJD Address status of due diligence 0.80 02/02/2023 SK Reaching out to surveyor on parcel 3, reviewing title 1.40 DJD Address title and legal description issue; review title; telephone call with David Lindley re: legal description 1.70 02/03/2023 SK Reviewing commitment 0.60 02/07/2023 SK Receiving and reviewing Survey for Parcel 3 0.60 02/09/2023 SK processing invoice for survey, reviewing attachments sent with Phase I and 11 0.40 02/16/2023 MDC confer re: status of due diligence and Development Agreement 0.30 SK Drafting title objection letter 0.60 DJD Review file and draft title correspondence 1.00 02/17/2023 SK Sending title objection letter 0.30 DJD Review file; finalize title objection correspondence 1.20 FOR CURRENT SERVICES RENDERED 9.00 1,625.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. Doody 4.70 $225.00 $1,057.50 Michael D. Cirullo 0.30 225.00 67.50 Sabrina Kalil 4.00 125.00 500.00 Color photocopies Photocopies 02/01/2023 Title Search: Chicago Title Insurance Company 500.00 Title Search 500.00 TOTAL ADVANCES THRU 02/28/2023 500.00 Page 442 of 768 Page: 2 CITY OF BOYNTON BEACH 03/01/2023 ACCOUNT NO: 306-9905673 STATEMENT NO: 46374 Exchange of Real Property TOTAL CURRENT WORK 2,125.00 BALANCE DUE $2,125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 443 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905674 Boynton Beach FL 33435 STATEMENT NO: 46375 Attn: Lynn Swanson adv. State of Florida (Irache Partners, LLC) HOURS 02/06/2023 KLE Review Eminent Domain Petition Documents, emails from and to Lynn Swanson re: liens and balances due etc, 1.30 02/07/2023 KLE Review emails.from Lynn Swanson with liens and balances, prepare Answer and Affirmative defenses. 1.10 CLD Drafted City's Answer 0.50 02/08/2023 MDC review petition, related correspondence 0.30 02/13/2023 CLD Drafted Request to Produce. 0.30 02/15/2023 KLE Review Palm Beach Tax Collector Answer 0.30 02/24/2023 KLE Review Answer from Tax collector, review documents, prepare answer, prepare request for copies. 1.60 FOR CURRENT SERVICES RENDERED 5.40 1,135.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL Kerry L. Ezrol 4.30 $225.00 $967.50 Michael D. Cirullo 0.30 225.00 67.50 Cynthia L. Dunn 0.80 125.00 100.00 TOTAL CURRENT WORK 1,135.00 BALANCE DUE $1,135.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 444 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905676 Boynton Beach FL 33435 STATEMENT NO: 46376 Attn: Lynn Swanson v. Jennifer Lynn Neddeff(RPO) HOURS 02/15/2023 MDC- review RPO materials, draft pleadings and confer with Heather Needelman 0.40. HN Review of draft documents for petition before sending to police department for review. Review of body camera videos, review of Detective Gorfido's affidavit and other incident reports. Review of emails from Detective Gorfido. Review of signed TRPO and email from Brianna Brandt. 3.60 02/16/2023 HN Review of documents relating to stipulation and judge's order. 0.50 02/17/2023 MDC review final RPO order, status of service on respondent 0.20 HN Review of email from Detective Gorfido. 0.10 FOR CURRENT SERVICES RENDERED 4.80 1,080.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.60 $225.00 $135.00 Heather Needelman 4.20 225.00 945.00 TOTAL CURRENT WORK 1,080.00 BALANCE DUE $1,080.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 445 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905678 Boynton Beach FL 33435 STATEMENT NO: 46378 Attn: Lynn Swanson Estate of Celeste Carrozzo HOURS 02/21/2023 SMS Review of estate documents. 0.50 FOR CURRENT SERVICES RENDERED 0.50 112.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Sean M. Swartz 0.50 $225.00 $112.50 TOTAL CURRENT WORK .112.50 BALANCE DUE. $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 446 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905029 Boynton Beach FL 33435 STATEMENT NO: 46349 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim#001470000245GB HOURS 02/23/2023 AGL Preparation of change of attorney notice 0.30 FOR CURRENT SERVICES RENDERED 0.30 67.50 RECAPITULATION TIMEKEEPER HOURS _HOURLY RATE TOTAL Adam G. Levine _ 0.30 $225.00 $67.50 TOTAL CURRENT WORK 67.50 BALANCE DUE $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 447 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905098 Boynton Beach FL 33435 STATEMENT NO: 46350 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 02/27/2023 MDC call with City counsel Chris Stearns re: mediation 0.30 02/28/2023 MDC review emails and related materials re: mediation 0.20 FOR CURRENT SERVICES RENDERED 0.50 112.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.50 $225.00 $112.50 TOTAL CURRENT WORK 112.50 BALANCE DUE $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 448 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 46351 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 02/08/2023 MDC review correspondence on status of case 0.20 02/21/2023 AGL Reviewed case file and docket to determine case status; status of co defendant Motion for Summary Judgment; status of various requested depositions 3.10 02/23/2023 AGL Preparation of change of attorney notice 0.30 FOR CURRENT SERVICES RENDERED 3.60 810.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE _TOTAL Michael D. Cirullo 0.20 $225.00 $45.00 Adam G. Levine 3.40 225.00 765.00 Color photocopies Photocopies TOTAL CURRENT WORK 810.00 BALANCE DUE $810.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 449 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905310 Boynton Beach FL 33435 STATEMENT NO: 46353 Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury-Carolyn Sims Center) Billing Category: 18 - RLO Claim#001470000440GB Color photocopies Photocopies 02/13/2023 Medical Records 67.12 02/13/2023 Medical Records 2.00 M isc 69.12 TOTAL ADVANCES THRU 02/28/2023 69.12 TOTAL CURRENT WORK 69.12 BALANCE DUE $69.12 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 450 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905392 Boynton Beach FL 33435 STATEMENT NO: 46354 Attn: Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) Billing Category: 18- RLO Claim#19762606 HOURS 02/07/2023 MDC review emails on transition of materials to Johnson Anselmo 0.20 FOR CURRENT SERVICES RENDERED 0.20 45.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.20 $225.00 $45.00 Color photocopies Photocopies TOTAL CURRENT WORK 45.00 BALANCE DUE $45.00 AMOUNTS.PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 451 of 768 GOREN, CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 46356 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 02/22/2023 AGL First review of litigation file 1.00 AGL First review of appellate documents 0.40 FOR CURRENT SERVICES RENDERED 1.40 315.00 RECAPITULATION TIMEKEEPER HOURS HOURLY_RATE - TOTAL Adam G. Levine 1.40 $225.00 $315.00 TOTAL CURRENT WORK 315.00 BALANCE DUE $315.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 452 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 46358 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim#20818346 HOURS 02/01/2023 MDC review emails on status of discovery 0.20 02/27/2023 MDC review and respond to emails on discovery 0.20 FOR CURRENT SERVICES RENDERED 0.40 90.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.40 $225.00 $90.00 Color photocopies TOTAL CURRENT WORK 90.00 BALANCE DUE $90.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 453 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905549 Boynton Beach FL 33435 STATEMENT NO: 46360 Attn: Lynn Swanson adv Federick, Carolyn ` Personal Injuries—Trip and Fall Sidewalk Injuries Billing Category: 18 - RLO Claim#21851368 HOURS 02/21/2023 AGL Review of case status; review of plaintiff compliance with order on motion to withdraw; review of status of discovery 1.00 AGL Draft motion for case management/status conference 2.00 02/23/2023 AGL Preparation of change of attorney notice 0.30 FOR CURRENT SERVICES RENDERED 3.30 742.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 3.30 $225.00 $742.50 Color photocopies Photocopies TOTAL CURRENT WORK 742.50 BALANCE DUE $742.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 454 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905561 Boynton Beach FL 33435 STATEMENT NO: 46362 Attn: Lynn Swanson adv Norwood, Michael (Slip and Fall accident 3/4/2021) Billing Category: 18 - RLO Claim#21859966 Color photocopies Photocopies 01/26/2023 Medical records 10.54 Misc 10.54 TOTAL ADVANCES THRU 02/28/2023 10.54 TOTAL CURRENT WORK 10.54 BALANCE DUE $10.54 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 455 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905607 Boynton Beach FL 33435 STATEMENT NO: 46367 Attn: Lynn Swanson adv. Estate of Stanley Davis III Billing Category: 18- RLO Claim#22874044 HOURS 02/08/2023 MDC review plaintiffs' counsel's motion to withdraw and order on motion; update City Commission 0.40 FOR CURRENT SERVICES RENDERED 0.40 90.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Michael D. Cirullo 0.40 $225.00 $90.00 TOTAL CURRENT WORK 90.00 BALANCE DUE $90.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 456 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905677 Boynton Beach FL 33435 STATEMENT NO: 46377 Attn: Lynn Swanson adv. Jeffrey Grant Sands Billing Category No. 18-RLO HOURS 02/24/2023 AGL Research concerning 768.28 violation and whether there are grounds for a Motion to Dismiss 0.50 02/27/2023 AGL Begin drafting answer and affirmative defenses to amended complaint 3.80 AGL Preparation of correspondence to Richard Ignoffo scheduling conference on this matter 0.20 02/28/2023 AGL Telephone conference call Richard Ignoffo regarding this matter 0.30 AGL Draft and prepare Request for Production to be served upon the filing of the City's Answer 2.40 FOR CURRENT SERVICES RENDERED 7.20 1,620.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 7.20 $225.00 $1,620.00 Color photocopies TOTAL CURRENT WORK 1,620.00 BALANCE DUE $1",620.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 457 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905679 Boynton Beach FL 33435 STATEMENT NO: 46379 Attn: Lynn Swanson adv. Joseph Desantis (MVA-COBB Vehicle#3222) Billing Category No. 18- RLO HOURS 02/24/2023 AGL Preparation of correspondence to Lynn Swanson requesting contact information 0.20 n/c AGL Review of Driver exchange of information, police report, and photographs. - 0.70 n/c AGL Preparation of correspondence to Richard Ignoffo; initial review 0.60 n/c AGL Telephone call to State Farm concerning inquiry regarding subrogation matter 1.20 n/c AGL Preparation of second correspondence to Richard Ignoffo; regarding information provided by State Farm 0.30 n/c 02/28/2023 AGL Review google maps to determine potential locations of incident and prepare screenshot of same. 0.80 AGL Prepare email correspondence to Richard Ignoffo regarding and explaining attached screenshots of possible incident locations 0.20 AGL Draft and prepare Flrst Interrogatories_ to be served upon the filing of the City's Answer 2.60 AGL Receipt and review of registration, title and invoice documents for 2022 Chevy Silverado 0.30 FOR CURRENT SERVICES RENDERED 3.90 877.50 RECAPITULATION _ TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 3.90 $225.00 $877.50 TOTAL CURRENT WORK 877.50 BALANCE DUE $877.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 458 of 768 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/01/2023 100 E. Ocean Avenue ACCOUNT NO: 306-9905680 ' Boynton Beach FL 33435 STATEMENT NO: 46380 Attn: Lynn Swanson adv. Darlton Morris Billing Category No. 18- RLO HOURS 02/28/2023 AGL Telephone conference call Richard Ignoffo regarding this matter 0.30 FOR CURRENT SERVICES RENDERED 0.30 67.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL Adam G. Levine 0.30 $225.00 $67.50 TOTAL CURRENT WORK 67.50 BALANCE DUE $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 459 of 768 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Tax I.D. 59-1292566 561 659 3000 T jonesfoster.com February 28, 2023 City of Boynton Beach Invoice No. 267341 c/o Michael D. Cirullo, Jr. File No. 29049.00002 TJB 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC REMITTANCE COPY TOTALS FOR THIS STATEMENT RATE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 1.10 $385.00 THOMAS J. BAIRD 350.00 2.90 $1,015.00 TOTAL FEES THIS INVOICE $1,400.00 TOTAL CHARGES THIS INVOICE $1,400.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $1,400.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT Page 460 of 768 J O N E S F O S T E R P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Tax I.D. 59-1292566 561 659 3000 T jonesfoster.com February 28, 2023 City of Boynton Beach Invoice No. 267341 c/o Michael D. Cirullo, Jr. File No. 29049.00002 TJB 100 E Ocean Ave Boynton Beach, FL 33435 City of Boynton Beach v. JKM BTS Capital LLC TOTALS FOR THIS STATEMENT RATE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 1.10 $385.00 THOMAS J. BAIRD 350.00 2.90 $1,015.00 TOTAL FEES THIS INVOICE $1,400.00 TOTAL CHARGES THIS INVOICE $1,400.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $1,400.00 Page 461 of 768 J O N E S F O S T E R City of Boynton Beach February 28, 2023 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 267341 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 02/01/23 JMO REVIEW NOTICE OF APPEARANCE FOR JKM OF R 0.10 35.00 GACHE 02/01/23 TJB RECEIVE AND REVIEW NOTICE OF APPEARANCE 0.10 35.00 FILED BY RON GACHE OF LOGS LEGAL GROUP 02/02/23 JMO EMAILS WITH BAIRD, CIRULLO REGARDING STATUS 0.10 35.00 OF APPROVALS 02/02/23 JMO TEL CALL M CIRULLO REGARDING STATUS OF 0.40 140.00 APPROVALS; OFFICE CONFERENCE T BAIRD 02/02/23 TJB TELEPHONE CONFERENCE J. O'CONNOR AND CITY 0.80 280.00 ATTORNEY MIKE CIRULLO REGARDING CONTINUANCE OF TRIAL AND STATUS OF SETTLEMENT AGREEMENT; PREPARE AUDITORS RESPONSE LETTER AND EMAIL IT TO CITY AUDITORS. 02/06/23 JMO REVIEW EMAIL FROM M LYNN FOR JKM 0.20 70.00 REGARDING TRIAL SETTING; EMAILS WITH K ROSSMELL, T BAIRD, M CIRULLO REGARDING NOTCE OF CONDITIONAL SETTLEMENT 02/06/23 JMO REVIEW BAIRD CORRESPONDENCE TO MEDIATOR 0.10 35.00 REGARDING SETTLEMENT 02/06/23 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.80 280.00 MEDIATOR POZUOLLI (2XS); TELEPHONE CONFERENCE ED POZUOLLI (MEDIATOR); TELEPHONE CONFERENCE WITH RHONDA AT TRIPP SCOTT REGARDING SETTLEMENT AGREEMENT; EMAIL THE EXECUTED SA TO MEDIATOR, ED POZUOLLI; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY ROSSMELL REGARDING TRIAL DATE FOR JKM CASE (2XS) 02/06/23 TJB CONTINUE PREPARATION OF THE AUDITOR'S 0.50 175.00 RESPONSE LETTER REGARDING PENDING/ THREATENED LITIGATION 02/13/23 JMO EMAIL CORRESPONDENCES REGARDING 0.20 70.00 MEDIATOR NOTICE OF CONDITIONAL SETTLEMENT 02/13/23 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.70 245.00 MEDIATOR ED POZUOLLI; EMAIL CORRESPONDENCE TO ATTORNEY MARKOW; TELEPHONE CONFERENCE WITH ATTORNEY MARKOW Page 462 of 768 J O N E S F O S T E R City of Boynton Beach February 28, 2023 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 267341 File No. 29049.00002 Page 3 TOTAL HOURS 4.00 Page 463 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 06, 2023 Billed Through 02/28/2023 Invoice 74118 / MTB 00281 42164 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Joseph Smith vs. Boynton Beach, Shaun James, Mark Sohn, Andrew Berben and Cory Henry (Tristar Claim No. 22891271 and PGCS Claim No. 394052) FOR PROFESSIONAL SERVICES RENDERED: 02/06/2023 MTB Receipt and review of Plaintiff s Motion for Extension of TIme 0.20 02/06/2023 MTB Receipt and review of Notice of Change of Address for Lourdes Wylder 0.10 02/08/2023 SDA Review correspondence from Plaintiff s counsel with request for lengthy 0.20 extension 02/08/2023 SDA Review and respond to 5 emails regarding appropriate length of 0.50 extension to grant without opposition 02/27/2023 SDA Review correspondence from A. Breeden regarding moving to strike 0.20 Plaintiff s Statement of Facts in Reply for noncompliance with Local Rules 02/27/2023 SDA Prepare correspondence to all counsel regarding preference to point out 0.20 rule noncompliance in Reply rather than by motion 02/28/2023 SDA Review numerous exhibits attached in opposition to Motion for 1.80 Summary Judgement by Smith 02/28/2023 SDA Review criminal Motion to Supress and caselaw cited therein 0.90 02/28/2023 SDA Review Plaintiff s Statement of Material Facts; cross-reference all 2.70 citations to record 02/28/2023 SDA Review and study memorandum opposing Motion for Summary 0.90 Judgement; prepare notes to file 02/28/2023 SDA Review all caselaw and authorities cited in Plaintiffs opposition 3.00 memorandum 02/28/2023 SDA Review Motion to Conventially File 0.20 Page 464 of 768 Invoice Number 74118 Page 2 Total Professional Services: $2,452.50 Burke, Michael T. 0.30 225.00 $67.50 Alexander, Scott D 10.60 225.00 $2,385.00 DISBURSEMENTS 0212212023 OTD Messenger, Inc.; Invoice #A4549-4106; Courier Service for 56.06 Convential Court Filing at USDC 0212812023 Printing and Imaging Services 64.05 0212812023 WestLaw Research 247.00 Total Expenses Advanced: $367.11 Summary: Total professional services $2,452.50 Total expenses incurred +$367.11 Total Amount Billed $2,819.61 Less Pre-Paid Applied $0.00 Please Pay this Amount $2,819.61 Page 465 of 768 IIrA 0LAWYERS Kopelowitz Ostrow Ferguson Weiselberg Gilbert 1 West Las Olas Blvd., Suite 500 Federal Tax I.D. No.: 65-0637822 Telephone: 954.525.4100 Fort Lauderdale, FL 33301 .!Lo laWers.com Facsimile: 954.525.4300 City of Boynton Beach Client: 015589 c/o City Attorney, Michael Cirullo Jr Matter: 000001 Invoice#: 146650 100 E. Ocean Avenue Boynton Beach, Florida 33435 RE: City of Boynton Beach -Arbitration of Mark Sohn For Professional Services Rendered Through January 31, 2023 Total Services $855.00 Total Disbursements $55.22 Total Current Charges $910.22 Previous Balance $5,602.50 Less Payments ($5,602.50) TOTAL AMOUNT DUE $91022 Remittance Advice Payment is due upon receipt. If payment in full is not received within 30 days,a finance charge of 1.2%(15%annually)may apply. Check Payable To: Wire Transfer: Kopelowitz Ostrow P.A. Receiving Bank: City National Bank of Florida Attn.:Accounts Receivable ABA Routing Number:066004367 1 West Las Olas Blvd.,Suite 500 Beneficiary: Kopelowitz Ostrow P.A. Fort Lauderdale, FL 33301 Account Number: 1954993480 Credit Card: We accept VISA, MasterCard, Discover and American Express or eCheck.To make a secure payment online,pleaseclick here. If paying by credit card,a 2% credit card processing fee will be added to your payment. Please return this remittance page with your payment. Thank you. Page 466 of 768 I irA 0LAWYERS Kopelowitz Ostrow Ferguson Weiselberg Gilbert 1 West Las Olas Blvd., Suite 500 Federal Tax I.D. No.: 65-0637822 Telephone: 954.525.4100 Fort Lauderdale, FL 33301 .!Lo laWers.com Facsimile: 954.525.4300 February 28, 2023 City of Boynton Beach Client: 015589 Matter: 000001 c/o City Attorney, Michael Cirullo Jr Invoice#: 146650 100 E. Ocean Avenue Page: 1 Boynton Beach, Florida 33435 RE: City of Boynton Beach -Arbitration of Mark Sohn For Professional Services Rendered Through January 31, 2023 SERVICES Date Person Description of Services Hours Rate Amount 01/11/2023 SDH Emails with opposing counsel regarding logistics 0.10 225.00 $22.50 of Final Hearing. 01/26/2023 SDH Emails and phone calls with expert and IA 0.20 225.00 $45.00 Investigator regarding relevant documents and scheduling of teleconference. 01/27/2023 SDH Emails with City Attorney regarding Sohn's 0.10 225.00 $22.50 potential back pay and benefits. 01/30/2023 SDH Emails with client regarding potential back pay and 0.20 225.00 $45.00 benefits. 01/31/2023 DLF Attended call with police practices/pursuit expert 2.20 225.00 $495.00 and reviewed IA file. 01/31/2023 SDH Prepare for and conduct initial call with BBPD 1.00 225.00 $225.00 expert on policies and procedures. Total Professional Services 3.80 $855.00 DISBURSEMENTS Date Description of Disbursements Amount 01/05/2023 Seth D. Haimovitch-Travel- Parking for Arbitration $16.94 01/05/2023 Seth D. Haimovitch-Travel- Mileage -Arbitration (66 @ $0.58) $38.28 Total Disbursements $55.22 Page 467 of 768 February 28, 2023 LAWYERS Client: 015589 Matter: 000001 irA Invoice#: 146650 Page: 2 Total Services $855.00 Total Disbursements $55.22 Total Current Charges $910.22 Previous Balance $5,602.50 Less Payments ($5,602.50) TOTAL AMOUNT DUE $91,0.22 TIMEKEEPER SUMMARY Person Hours I Rate I Amount DLF David L. Ferguson 2.20 $225.00 $495.00 SDH Seth D. Haimovitch 1.60 $225.00 $360.00 Page 468 of 768 OLDS &STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Tennille DeCoste Human Resources and Risk Management 100 East Ocean Avenue Boynton Beach, FL 33435 March 07, 2023 In Reference To: Client/insured: Boynton Beach Claimant: Smith Claim No.: Date/Loss: Invoice# 10238 TAXPAYER I.D. NO.: 65-0385869 Professional Services Hrs/Rate Amount 2/6/2023 DS Receipt and review of Plaintiffs Proposed Motion 0.10 25.00 for Extension to file Response to Summary 250.00/hr Judgment DS Receipt, review, and response to emails from 0.10 25.00 Defense Counsels re: Plaintiffs requested 250.00/hr extension DS Receipt and review of additional emails re: 0.20 50.00 Plaintiffs Request for Extension to respond to 250.00/hr summary judgment motions 2/21/2023 DS Worked on trial theme and strategy 2.70 675.00 250.00/hr 2/22/2023 DS Continued working on trial theme and strategy, 1.30 325.00 including exhibits and witnesses needed 250.00/hr Page 469 of 768 Tennille DeCoste Page 2 Hrs/Rate Amount 2/28/2023 DS Reviewed Defendant's Statement of Material Facts 2.30 575.00 and Plaintiffs Additional Facts 250.00/hr DS Reviewed Defendant's Motion for Summary 1.50 375.00 Judgment and Plaintiffs Response to same 250.00/hr For professional services rendered 8.20 $2,050.00 Previous balance $17,250.00 Balance due $19,300.00 User Summary Name Hours Rate Amount DON STEPHENS 8.20 250.00 $2,050.00 Page 470 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 13, 2023 Billed Through 02/28/2023 Invoice 74185 / EBJ 00281 42070 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Shannon Thompson and Stanley Davis, Jr., for Estate of Stanley Davis III vs. City of Boynton Beach (Tristar claim no.: 22874044) FOR PROFESSIONAL SERVICES RENDERED: 02/02/2023 EBJ Review Court's Order on Motion to Withdraw as Attorney 0.30 02/03/2023 EBJ Review Plaintiffs' counsel's Notice of Certificate of Service 0.30 02/03/2023 EBJ Review Jasmine Rand's Notice to Plaintiffs of Order on Motion to 0.20 Withdraw as Attorney 02/06/2023 EBJ Review Notice of Change of Address, Email or Law Firm Name by 0.10 counsel for Mark Sohn 02/06/2023 EBJ Review Court's termination of attorneys representing Plaintiffs 0.20 02/16/2023 CJS Review correspondence from Jasmine Rand, Esq., regarding Plaintiffs' 0.30 difficulty in obtaining new counsel, birth of a child on February 4, 2023, and request for an extension of the Court's Order 02/16/2023 CJS Review proposed motion for extension 0.30 02/16/2023 CJS Prepare correspondence to Jasmine Rand, Esq., Shannon Thompson, and 0.20 Stanley Davis regarding non-objection to request for extension of time 02/16/2023 EBJ Review correspondence from Lourdes Wydler, Esq., regarding Plaintiffs' 0.20 request for additional time to retain new counsel 02/22/2023 EBJ Review Plaintiffs' Motion for Extension of Time to Retain New Counsel 0.30 02/24/2023 EBJ Review Order granting Pro Se Plaintiffs' Motion for Extension of Time 0.20 to find New Counsel 02/24/2023 EBJ Review Court's Notice of Compliance of mailing to pro se Plaintiffs 0.20 02/28/2023 EBJ Prepare correspondence to clients regarding pro se Plaintiffs' motion for 0.30 extension and order granting same 02/28/2023 EBJ Review correspondence from Karen Klein regarding file 0.20 Page 471 of 768 Invoice Number 74185 Page 2 Total Professional Services: $742.50 Stearns, Chris J. 0.80 225.00 $180.00 Johnson, E. Bruce 2.50 225.00 $562.50 DISBURSEMENTS 0212812023 Printing and Imaging Services 30.10 0212812023 WestLaw Research 282.00 Total Expenses Advanced: $312.10 Summary: Total professional services $742.50 Total expenses incurred +$312.10 Total Amount Billed $1,054.60 Less Pre-Paid Applied $0.00 Please Pay this Amount $1,054.60 Page 472 of 768 LEWIS 360 South Rosemary Avenue L LW I LONGMAN Suite 1100 WALKER West Palm Beach,FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 City of Boynton Beach March 10, 2023 100 East Ocean Avenue Invoice No. KBR-151296 Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 004 Litgation - JKM Town Square Date Services Hours Amount 02/06/23 KBR Email communication with J. O'Connor regarding trial 0.20 77.00 order. 02/07/23 KBR Email communication with M. Cirullo regarding status 0.20 77.00 of trial order. 02/09/23 KBR Email communication with T. Baird and J. O'Connor 0.30 115.50 regarding status of trial order; related correspondence with M. Lynn. Summary of Services Rate Hours Amount KBR Rossmell, Kathryn B. 385.00 0.70 269.50 Total for Services 0.70 $269.50 Page 473 of 768 Client Ref: 3772 - 004 March 10, 2023 Invoice No. KBR-151296 Page 2 Total for Services and Expenses $269.50 Previous Balance 308.00 Payments Since Last Invoice -0.00 Amount Due $577.50 Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 02/23/23 151051 308.00 0.00 308.00 Outstanding Amount Due: 308.00 Current and Outstanding Amount Due: $577.50 Page 474 of 768 Invoice No. KBR-151296 Invoice Date: March 10, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 004 Matter Name: Litgation - JKM Town Square Total for Services and Expenses $269.50 Previous Balance 308.00 Payments Since Last Invoice -0.00 Amount Due $577.50 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a-check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 475 of 768 LEWIS 360 South Rosemary Avenue L LW I LONGMAN Suite 1100 WALKER West Palm Beach,FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 City of Boynton Beach March 13, 2023 100 East Ocean Avenue Invoice No. KBR-151297 Boynton Beach, FL 33435 Revised CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 005 Litgation - E21- Town Square Date Services Hours Amount 02/02/23 ATP Emails with K. Rossmell regarding opposing counsel 0.20 76.00 email. 02/02/23 KBR Email communication with A. Petrick regarding 0.20 77.00 opposing counsel correspondence. 02/06/23 ATP Emails regarding scheduling hearing on Motion to 0.30 114.00 Dismiss. 02/06/23 KBR Coordinate with office concerning Motion to Dismiss 0.20 77.00 hearing. 02/16/23 KBR Email communication with M. Cirullo and A. Petrick 0.20 77.00 regarding E21- case; telephone conference with M. Cirullo regarding same. 02/22/23 ATP Review and respond to emails regarding scheduling 0.40 152.00 of hearings on Motions to Dismiss. 02/23/23 ATP Review and respond to emails regarding coordination 1.20 456.00 of calendaring with the court T. Alison and R. Gache. 02/23/23 KBR Receive and review letter from E21- submitted at 0.50 192.50 Time Equities public hearing; various coordination with A. Petrick and office concerning Motion to Dismiss hearing date. 02/24/23 ATP Review and respond to emails regarding hearing 0.80 304.00 coordination for Motions to Dismiss. Page 476 of 768 Client Ref: 3772 - 005 March 13, 2023 Invoice No. KBR-151297 Page 2 Date Services Hours Amount 02/24/23 KBR Various email communications regarding Motion to 0.30 115.50 Dismiss hearing; receive and review Order Specially Setting hearing. 02/27/23 LKW Receive and review Order Specially Setting Hearing 0.60 141.00 on JKM's Motion to Dismiss Second Amended Complaint and the City of Boynton Beach's Motion to Dismiss Second Amended Complaint; electronically catalogue and update database; review the procedures for Judge Gregory M. Keyser regarding the production of case law and materials in advance of the hearing; update database with the deadlines for same. 02/27/23 ATP Emails regarding conferral with M. Cirullo regarding 0.40 152.00 new case and case status. 02/27/23 KBR Various email correspondences concerning Motion to 0.30 115.50 Dismiss hearing; coordinate with office concerning same. Summary of Services Rate Hours Amount ATP Petrick, Amy T. 380.00 3.30 1,254.00 KBR Rossmell, Kathryn B. 385.00 1.70 654.50 LKW Wood, Lisa K. 235.00 0.60 141.00 Total for Services 5.60 $2,049.50 Page 477 of 768 Client Ref: 3772 - 005 March 13, 2023 Invoice No. KBR-151297 Page 3 Total for Services and Expenses $2,049.50 Previous Balance 12,079.50 Payments Since Last Invoice -0.00 Amount Due $14,129.00 Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 02/23/23 151052 12,079.50 0.00 12,079.50 03/10/23 151297 2,665.50 0.00 2,665.50 03/13/23 151297 -2,665.50 0.00 -2,665.50 Outstanding Amount Due: 12,079.50 Current and Outstanding Amount Due: $14,129.00 Page 478 of 768 Invoice No. KBR-151297 Invoice Date: March 13, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 005 Matter Name: Litgation - E21- Town Square Total for Services and Expenses $2,049.50 Previous Balance 12,079.50 Payments Since Last Invoice -0.00 Amount Due $14,129.00 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a-check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 479 of 768 LEWIS 360 South Rosemary Avenue L LW I LONGMAN Suite 1100 WALKER West Palm Beach,FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 City of Boynton Beach March 13, 2023 100 East Ocean Avenue Invoice No. KBR-151295 Boynton Beach, FL 33435 Revised CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 003 Town Square Development Agreement Date Services Hours Amount 02/01/23 KBR Zoom meeting with M. Lynn to draft and revise 6.80 2,618.00 Development Agreement; follow up email communication and telephone conferences with M. Lynn regarding same; various phone calls and email communications with B. Miller, A. Temple, A. Radigan, A. Mack, and M. Cirullo regarding various Development Agreement matters including restroom facilities, parking, and other matters; review and analyze staff comments for same; coordinate with applicant concerning meeting attendance; analyze tasks and issues for continued discussion. 02/02/23 KBR Telephone conference with M. Cirullo regarding 5.10 1,963.50 various aspects of application; zoom meeting with M. Lynn, R. Singer and various City staff;, various follow up email and telephone communications with City team concerning same including revised draft and utility issues; various related email communication; follow up task and outstanding issue organization; email correspondence with B. Miller concerning transportation concurrency exception area; various email correspondences concerning conditions of approval; related analysis of proposed conditions and revisions to same. Page 480 of 768 Client Ref: 3772 - 003 March 13, 2023 Invoice No. KBR-151295 Page 2 Date Services Hours Amount 02/03/23 KBR Zoom meeting with Time Equities and various 4.80 1,848.00 members of City Staff concerning Development Agreement; various follow up email communications with members of City staff concerning utilities, agreement language, outstanding tasks, and related items; follow up coordination with staff and M. Cirullo; review and revise Continuing Parking Lease Agreement; analyze Development Agreement against statutory requirements in light of recent updates; additional coordination with M. Lynn regarding same and revisions to Development Agreement; review and analyze additional staff comments to same. 02/04/23 KBR Review and revise Development Agreement; review 3.30 1,270.50 for statutory compliance and revise in accordance; review and analyze various correspondences, notes, and agreements to incorporate final terms; email communication with T. Duhy concerning same. 02/05/23 KBR Email communication with M. Lynn regarding 0.20 77.00 Development Agreement. 02/06/23 TWD Work session with K. Rossmell regarding 2.60 1,001.00 Development Agreement; review and revise same; follow up with K. Rossmell regarding same. 02/06/23 KBR Various work on temporary parking easements and 9.10 3,503.50 continuing parking leases; work session with T. Duhy regarding Development Agreement; zoom meeting regarding upcoming meetings; telephone conference with M. Lynn regarding same and Development Agreement issues; telephone conference with A. Temple and A. Mack; email communication with applicant and representatives regarding application requirements; prepare for and attend Planning and Development Board meeting; follow up to same. 02/07/23 LB Receive direction from K. Rossmell on research 0.20 60.00 regarding quasi-judicial hearing requirements. 02/07/23 LB Review of Florida legal authority a quasi-judicial 3.40 1,020.00 hearing requirements. 02/07/23 TWD Work session with K. Rossmell regarding status of 0.70 269.50 Development Agreement, revisions to same; follow up. Page 481 of 768 Client Ref: 3772 - 003 March 13, 2023 Invoice No. KBR-151295 Page 3 Date Services Hours Amount 02/07/23 KBR Various telephone conferences, email 10.30 3,965.50 communication, and other coordinations with S. Swartz, A. Temple, M. Lynn, and T. Penserga regarding upcoming agenda items, project status, and Development Agreement; work session with T. Duhy concerning Development Agreement issues; telephone conference with L. Brooks regarding quasi-judicial proceeding research; follow up review and analysis of research concerning same; review and revise continuing Parking Lease Agreements; various email communication and discussions with M. Lynn regarding Development Agreement, parking leases, scheduling, and related matters; coordinate with L. Swanson concerning exhibits and agenda preparation; various attention to task management, scheduling, and agreement drafting; attend City Commission meeting. 02/08/23 KBR Various telephone conferences and email 8.10 3,118.50 communication with M. Lynn, B. Miller, R. Singer, and City staff regarding Development Agreement and related agreements; various telephone conferences and email communications with M. Cirullo; develop term sheet for use in meetings with City Commissioners; zoom meeting with Commissioner Turkin; review and revise Development Agreement; various conferences and meetings with City staff concerning same; email communication with L. Swanson concerning Development Agreement and various meetings with Commissioners. 02/09/23 KBR Zoom meeting with Commissioner Kelley regarding 4.80 1,848.00 Town Square project; zoom meeting with Commissioner Hay regarding Town Square project; zoom meeting with Mayor T. Penserga regarding Town Square project; review and revise term sheet; follow up to meetings City Commissioners; various correspondences with City Attorney and staff members; confer with M. Lynn on related matters; various email communications with L. Swanson regarding various scheduling matters. Page 482 of 768 Client Ref: 3772 - 003 March 13, 2023 Invoice No. KBR-151295 Page 4 Date Services Hours Amount 02/10/23 KBR Coordinate concerning development agreement 3.80 1,463.00 terms including telephone and email negotiation and discussion with applicant and applicant's agents, various members of City staff; various email communication and telephone conferences with office of the City attorney; related drafting and document preparation; various email communications with L. Swanson concerning meeting materials; various coordination with City representatives and applicant concerning exhibits. 02/13/23 KBR Zoom meeting with City staff regarding presentation 6.80 2,618.00 preparation; revise term sheet for use by Commissioners; email communication with R. Singer concerning Development Agreement and presentation; zoom meeting with Vice Mayor Cruz concerning Development Agreement; follow up to same; various coordinations with L. Swanson regarding agenda items; review draft presentation materials; various telephone and email correspondences with M. Cirullo, City staff, and M. Lynn regarding Development Agreement, revisions to same, and presentation. 02/14/23 KBR Prepare for upcoming presentation to City 3.30 1,270.50 Commission; various related email communications and telephone coordination and with R. Singer, A. Radigan, B. Miller, and M. Cirullo; telephone conference and email communication with M. Cirullo regarding Florida Department of Transportation request. 02/15/23 KBR Prepare for City Commission meeting concerning 6.80 2,618.00 Development Agreement; various coordinations with staff concerning same; prepare presentations for same; email communication with A. Radigan regarding presentation; telephone conference with M. Cirullo regarding presentation plan; telephone conference with and email communication with M. Lynn and M. Cirullo regarding Florida Department of Transportation license package; work on Continuing Parking Lease Agreements; various telephone conferences with M. Lynn concerning same; email communication with M. Lynn regarding term sheet; various coordinate with M. Lynn and applicant regarding meeting; attend Commission meeting. Page 483 of 768 Client Ref: 3772 - 003 March 13, 2023 Invoice No. KBR-151295 Page 5 Date Services Hours Amount 02/16/23 KBR Revise Escrow Agreement; email communication and 1.80 693.00 telephone conferences with M. Lynn concerning same and Parking Agreements; telephone conference with M. Cirullo regarding Parking Agreements and Escrow Agreement; various email communications with M. Cirullo and various members of City Staff concerning agenda order and presentation to City Commission. 02/17/23 KBR Various work on Continuing Parking Lease 7.60 2,926.00 Agreements; examine documents provided by applicant; coordination with City attorney, A. Radigan, A. Mack, and A. Temple regarding same; various email communication and telephone conferences with City utility department; various coordination with applicant and M. Lynn regarding parking, utilities, Development Agreement language, and related matters; coordinate with City staff concerning presentation to City Commission; prepare for same; coordinate with M. Cirullo regarding same; revise Escrow Agreement; email communication with M. Lynn and M. Cirullo regarding same; various zoom conferences with M. Lynn to finalize various agreements and documents. 02/18/23 KBR Analyze outstanding issues in Continuing Parking 0.30 115.50 Leases for finalization and incorporation; various email communication with T. Temple and B. Miller concerning City Commission presentation. 02/19/23 KBR Various work on Temporary Parking Easement for 6.70 2,579.50 north property and for south property; various amendment to Continuing Parking Lease Agreements (north and south) based on coordination with client staff and grantor; email communication with and telephone conferences with M. Cirullo and M. Lynn concerning same; various attention to finalizing Development Agreement including additional document review and preparation for meeting, multiple coordination telephone conferences with client representatives; related discussions with M. Lynn; review and analyze prior parking agreements for consistency and issues; attention to coordinating follow up zoom meetings for following day. Page 484 of 768 Client Ref: 3772 - 003 March 13, 2023 Invoice No. KBR-151295 Page 6 Date Services Hours Amount 02/20/23 KBR Various work and extensive coordination drafting, 11.60 4,466.00 revising, and preparing Continuing Parking Lease Agreements including zoom meetings with client representatives and applicant; extensive coordination with M. Lynn regarding same; various coordination and telephone conferences with A. Mack, A. Temple, D. Duggar, and M. Cirullo regarding same; continued negotiations and drafting; preparation for City Commission meeting. 02/21/23 KBR Finalize various agreement for consideration by City 14.40 5,544.00 Commission; various telephone conferences with M. Lynn, R. Singer, M. Cirullo, A. Radigan, A. Temple, A. Mack, D. Dugger, and team members regarding agreements and presentation; prepare presentation to City Commission concerning continuing parking leases; various other meeting preparation; attend City Commission meeting as Special Counsel and perform duties as same. 02/22/23 KBR Continued attendance and presentation at 3.70 1,424.50 Commission meeting concerning various Town Square Agreements; related follow up with M. Cirullo and M. Lynn including telephone conferences and email communications; review "opt-in" letter from applicant and suggest revisions to same; various related follow up including organization of outstanding tasks and preservation of various correspondence as public records. 02/23/23 KBR Receive and review email communication from M. 1.90 731.50 Cirullo concerning "opt-in" letter; revise parking agreement language to conform with that adopted by City; email communication with M. Lynn concerning parking language; telephone conference with M. Lynn concerning same and recordation; follow up with M. Cirullo concerning same, notice, and appeal timelines; receive and review correspondence from M. Lynn. Page 485 of 768 Client Ref: 3772 - 003 March 13, 2023 Invoice No. KBR-151295 Page 7 Date Services Hours Amount 02/24/23 KBR Receive and review email correspondence from R. 1.60 616.00 Singer regarding opt in letter; email communication with M. Cirullo regarding letter from City Attorney confirming "opt-in;" confer with M. Lynn regarding parking agreement; finalize language in continuing parking lease agreement based on commission direction; transmit same to M. Cirullo and M. Lynn; telephone conference with M. Cirullo regarding form of various agreements and recordation; audit tasks and task lists for next steps. 02/26/23 KBR Various telephone conferences and zoom meetings 3.80 1,463.00 with M. Cirullo, A. Radigan and team members regarding application and Development Agreement issues; various email communications with B. Miller and applicant representatives regarding same; email communication with D. Dugger regarding team meeting time; telephone conference with M. Lynn regarding Development Agreement; related email communication with M. Lynn; receive and review various email communications concerning land swap. 02/28/23 KBR Receive and review various email correspondences 2.90 1,116.50 concerning final documents; attention to various preservation of drafts, notes, and correspondences from development agreement, escrow agreement, temporary parking agreements, and continuing lease agreements, along with related documents and exhibits as public records; analyze next steps and tasks; initiate draft memorandum regarding next steps and recommended actions. Summary of Services Rate Hours Amount LB Brooks, Lauren D. 300.00 3.60 1,080.00 TWD Duhy, Tara W. 385.00 3.30 1,270.50 KBR Rossmell, Kathryn B. 385.00 129.50 49,857.50 Total for Services 136.40 $52,208.00 Date Expenses Amount 02/06/23 Travel to and from Boynton Beach to attend Planning and Zoning 18.39 Meeting - Kathryn B. Rossmell 02/07/23 Travel to and from to attend Board meeting - Kathryn B. Rossmell 18.47 Total Expenses $36.86 Page 486 of 768 Client Ref: 3772 - 003 March 13, 2023 Invoice No. KBR-151295 Page 8 Total for Services and Expenses $52,244.86 Previous Balance 25,102.00 Payments Since Last Invoice -0.00 Amount Due $77,346.86 Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 02/23/23 151050 25,102.00 0.00 25,102.00 03/10/23 151295 51,628.86 0.00 51,628.86 03/13/23 151295 -51,628.86 0.00 -51,628.86 Outstanding Amount Due: 25,102.00 Current and Outstanding Amount Due: $77,346.86 Page 487 of 768 Invoice No. KBR-151295 Invoice Date: March 13, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 003 Matter Name: Town Square Development Agreement Total for Services and Expenses $52,244.86 Previous Balance 25,102.00 Payments Since Last Invoice -0.00 Amount Due $77,346.86 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and a-check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. Page 488 of 768 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach March 10, 2023 Attn: claims@bbfl.us Bill No. 71839 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Tennille DeCoste BILL FOR FEES AND COSTS THROUGH 02/28/23 PROFESSIONAL SERVICES Date Services Attorney Hours 02/02/23 Receipt and review of Plaintiffs' Reply in Avoidance to LHR 0.40 Defendant Zeller's Affirmative Defenses/Amended Affirmative Defenses. 02/03/23 Correspondence to City Risk Manager Tennille DeCoste re: LHR 0.20 Plaintiffs' Reply in Avoidance to Defendant Zeller's Affirmative Defenses/Amended Affirmative Defenses. 02/08/23 Review litigation file including pleadings, motions, items of SHP 0.40 correspondence to date and file material to date in anticipation of drafting Unopposed Motion for Extension of Time to Complete Mediation. 02/09/23 Research relevant case law and statutory authority to raise and SHP 0.50 assert within the Unopposed Motion for Extension of Time to Complete Mediation. 02/09/23 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 upcoming mediation deadline and Court's not generally extending deadlines. 02/09/23 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 upcoming mediation deadline and advising do not see issue with extension as case not yet set for trial and will prepare proposed Motion for Extension of Deadlines and proposed Order for his consideration. 02/09/23 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: anticipated proposed Motion for Extension of Deadlines and proposed Order for Court's consideration, and his unavailability for trial in August. 02/10/23 Drafting of the Unopposed Motion for Extension of Time to SHP 1.30 Complete Mediation. Page 489 of 768 Client: City of Boynton Beach March 10, 2023 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 02/10/23 Preparation of e-mail to Plaintiffs' counsel, Chuck, Eiss, re: SHP 0.30 proposed draft Unopposed Motion for Extension of the Deadline to Complete Mediation. 02/10/23 Receipt and review of email from Defendant, Matthew Zeller, SHP 0.30 re: advising he will be out of Town in April and June and inquiring as to whether this will present any issues with the mediation of this matter. 02/10/23 Preparation of e-mail to Plaintiffs' counsel, Chuck, Eiss, re: SHP 0.30 confirming Plaintiffs agreement with the Unopposed Motion for Extension of the Deadline to Complete Mediation and advising we will proceed with submitting the Agreed Order to the Court. 02/10/23 Receipt and review of email from Plaintiffs' counsel, Chuck, SHP 0.30 Eiss, re: agreement with the proposed draft Unopposed Motion for Extension of the Deadline to Complete Mediation. 02/10/23 Preparation of e-mail to Defendant, Matthew Zeller, re: SHP 0.30 acknowledgement of the dates during which he will be out of town and advising that we do not foresee any issues with these dates as this matter is not set for trial. 02/11/23 Preparation of proposed Agreed Order on the Unopposed SHP 0.90 Motion for Extension of Time to Complete Mediation. 02/13/23 Preparation of correspondence to Honorable Paige Gillman re SHP 0.30 proposed Agreed Order on Defendant's Unopposed Motion for Extension of Time to Complete Mediation. 02/13/23 Preparation of correspondence to Director of Risk SHP 0.30 Management, Tenille DeCoste, re: the Unopposed Motion to Extend Deadline to Complete Mediation. 02/13/23 Draft/Revise finalize the Unopposed Motion to Extend Deadline SHP 0.30 to Complete Mediation. 02/14/23 Receipt and review of Court's executed Agreed Order on LHR 0.20 Defendant Zeller's Unopposed Motion for Extension of Time to Complete Mediation. 02/16/23 Correspondence to City Risk Manager Tennille DeCoste re: LHR 0.20 Court's executed Agreed Order on Defendant Zeller's Unopposed Motion for Extension of Time to Complete Mediation. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 1.60 185.00 296.00 SHP Sara H. Ptachik, Associate 5.50 160.00 880.00 Total Professional Services 7.10 $1,176.00 Page 490 of 768 Client: City of Boynton Beach March 10, 2023 Matter: 19132 - Geraci v. Zeller Page 3 CURRENT BILL TOTAL AMOUNT DUE $ 1,176.00 Balance Forward: 2,798.50 Payments &Adjustments: -0.00 Total Due: $ 3,974.50 Page 491 of 768 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 71839 Bill Date: March 10, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services 1,176.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 1,176.00 Balance Forward: 2,798.50 Payments &Adjustments: -0.00 Total Due: $ 3,974.50 Past Due Balance 2,798.50 TOTAL AMOUNT DUE $3,974.50 Page 492 of 768 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach March 10, 2023 Attn: Richard Ignaffo Bill No. 71840 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Beecher v. Felix, Neossaint & City of Boynton Beach 22731 Tristar#21870336 BILL FOR FEES AND COSTS THROUGH 02/28/23 PROFESSIONAL SERVICES Date Services Attorney Hours 02/02/23 Receipt and review of Court's executed Agreed Order on LHR 0.20 Plaintiffs' Motion for Leave to File Amended Complaint. 02/09/23 Preparation of initial draft City's Answers to Plaintiffs LHR 1.60 Interrogatories. 02/09/23 Preparation of initial draft City's Response to Plaintiff's Request LHR 1.50 for Production. 02/10/23 Preparation of correspondence to City's Risk Manager, Richard LHR 0.60 Ignoffo, re initial drafts of City's Answers and Responses to Plaintiffs Interrogatories and Requests for Production for review and input. 02/10/23 Receipt and review of e-mail from Risk Manager, Richard LHR 0.20 Ignoffo re: Defendant, City of Boynton Beach's, Answers and Responses to Plaintiff, Julie Beecher's, Interrogatories and Request for Production. 02/13/23 Preparation of email response to City's Risk Manager, Richard RKD 0.20 Ignoffo, re assistance from City on Plaintiffs Interrogatories & Requests for Production. 02/13/23 Receipt and review of e-mail from City's Risk Manager, Richard RKD 0.20 Ignoffo, re assistance from City on Plaintiffs Interrogatories & Requests for Production. 02/13/23 Preparation of second email to City's Risk Manager, Richard RKD 0.20 Ignoffo, re assistance from City on Plaintiffs Interrogatories & Requests for Production. 02/14/23 Receipt and review of Court's executed Order Implementing LHR 0.20 Civil Differentiated Case Management Plan & Designation of Case to General Track. Page 493 of 768 Client: City of Boynton Beach March 10, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 02/14/23 Correspondence to Claims Rep. Diana Taylor re: Court's LHR 0.20 executed Order Implementing Civil Differentiated Case Management Plan & Designation of Case to General Track. 02/15/23 Receipt and review of Plaintiff's Objection to Defendant LHR 0.40 Neossaint's Notice for Examination by Dr. Grabel. 02/15/23 Receipt and review of Plaintiff's Amended Complaint. LHR 0.40 02/15/23 Preparation of e-mail to Richard Ignoffo, City, re: agreed upon SHP 0.20 date and time for a telephone conference to discuss the City's responses to Plaintiffs discovery requests. 02/15/23 Preparation of e-mail to City's Risk Manager, Richard Ignoffo, RKD 0.20 re City's assistance on Plaintiff's discovery requests. 02/15/23 Receipt and review of email response from City's Risk RKD 0.20 Manager, Richard Ignoffo, re City's assistance on Plaintiff's discovery requests. 02/15/23 Preparation for upcoming meeting with Mr. Ignoffo, the City, to SHP 0.90 discuss the City's responses to Plaintiff's discovery requests including additional information and documentation needed from the City to ensure the discovery responses are accurate and sufficient. 02/16/23 Preparation of correspondence to Diana Taylor, Claims LHR 0.30 Representative, re request authority to share and split costs with Co-Defendant their expert Dr. Jordan Grabel. 02/16/23 Preparation of Defendant, City of Boynton Beach's, LHR 1.50 Interrogatories to Plaintiff, Julie Beecher. 02/16/23 Preparation of Defendant, City of Boynton Beach's, Request for LHR 1.40 Production to Plaintiff, Julie Beecher. 02/16/23 Attendance at meeting via Zoom with City's Risk Manager, RKD 1.00 Richard Ignoffo, III, re Plaintiff's discovery requests and City's questions concerning the same. 02/16/23 Preparation of e-mail to Plaintiffs counsel, Glenn Levine, re: SHP 0.30 confirming Plaintiffs counsel's agreement with the City's deadline to respond to the Plaintiff's latest Amended Complaint being twenty days from the date the Amended Complaint was re-filed. 02/16/23 Attendance at meeting via Zoom with Mr. Ignoffo to discuss at SHP 1.00 length the City's responses to Plaintiff's discovery responses and additional information needed from the City to finalize said responses. 02/17/23 Correspondence to Claims Rep. Diana Taylor re: Plaintiff's LHR 0.20 Amended Complaint. 02/17/23 Preparation of e-mail to Claims Examiner III, Diana Taylor, re: LHR 0.20 splitting costs for CME pertaining to Plaintiff, Julie Beecher. 02/17/23 Receipt and review of e-mail from Claims Examiner, Diana LHR 0.20 Taylor, re advise agreement to split costs of expert Dr. Jordan Grabel with Co-Defendant. Page 494 of 768 Client: City of Boynton Beach March 10, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 02/17/23 Preparation of email response to Claims Examiner, Diana LHR 0.30 Taylor, re advise no confirmation to date that Plaintiff involved in subject accident, advise status of case and discovery just beginning but purpose for CME is to counter Plaintiff's claim for damages. 02/20/23 Preparation of e-mail to City Attorney, Michael Cirullo, re: SHP 0.30 proposed draft Answer and Defenses to Plaintiff's Amended Complaint which we have prepared on behalf of Defendant, the City of Boynton Beach. 02/23/23 Receipt and review of e-mail from Plaintiff's counsel Levine re: LHR 0.30 proposed Agreed Order on Plaintiff's Objections to CME, and review of same. 02/23/23 Preparation of email response to Plaintiffs counsel Levine re: LHR 0.30 acknowledging receipt of proposed Agreed Order on Plaintiffs Objections to CME, however, as Co-Defendant's counsel Mr. Penalta is the one who scheduled and noticed the CME, it should be sent to his office for review and approval. 02/23/23 Receipt and review of e-mail from Plaintiff's counsel Levine to LHR 0.20 Co-Defendant's counsel Penalta re: proposed Agreed Order on Plaintiffs Objections to Neossaint's Notice of CME. 02/24/23 Preparation of correspondence to City's Risk Manager, Richard LHR 0.30 Ignoffo, re follow-up on status of City's input and responses materials on Plaintiff's Interrogatories and Requests for Production. 02/25/23 Review litigation file including pleadings, motions, items of SHP 1.00 correspondence to date and discovery to date as well as Plaintiffs Requests for Admissions in advance of preparing response to the Plaintiff's Requests for Admissions. 02/26/23 Preparation of the City's proposed Response to Plaintiff's SHP 2.00 Requests for Admissions. 02/27/23 Preparation of e-mail to Risk Manager, Richard Ignoffo, III and SHP 0.30 City Attorney, Michael Cirullo, Esq, re:proposed draft Response to Plaintiffs Requests for Admissions. 02/27/23 Preparation of correspondence to defense counsel, Richard LHR 0.30 Penalta, Esq., re suggest sharing and splitting costs of defense expert, Dr. Jordan Grabel. 02/28/23 Telephone conference with Community Service Officer, Jaimie SHP 0.30 Viverito, regarding her availability for a telephone conference to discuss the case. 02/28/23 Receipt and review of email from City Contact, Lynn Swanson, SHP 0.30 re: coordinating a telephone conference with Community Service Officer Jaimie Viverito (ID/Badge #084) to discuss her recollection and knowledge of the subject accident per defensive and discovery plan of action. Page 495 of 768 Client: City of Boynton Beach March 10, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 02/28/23 Preparation of Defendant, City of Boynton Beach's, Request for LHR 0.30 Copies to Co-Defendant, Fern Neossaint, pursuant to Notice of Production from Non-Party dated December 15, 2022. 02/28/23 Receipt and review of e-mail from Risk Manager, Richard LHR 0.20 Ignoffo, re: Defendant, City of Boynton Beach's, Answers and Responses to Plaintiff, Julie Beecher's, Interrogatories and Request for Production. 02/28/23 Preparation of correspondence to Plaintiff's counsel, Glen LHR 0.30 Levine, Esq., re request additional 10 days to file City's Answers and Responses to Interrogatories, Requests for Production, and Requests for Admissions. 02/28/23 Receipt and review of email from Risk Manager, Richard SHP 0.30 Ignoffo, re: agreement with the City's Response to Plaintiff's Requests for Admissions. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 11.60 185.00 2,146.00 RKD Rebecca K. Davis, Paralegal 2.00 110.00 220.00 SHP Sara H. Ptachik, Associate 6.90 160.00 1,104.00 Total Professional Services 20.50 $3,470.00 CURRENT BILL TOTAL AMOUNT DUE $ 3,470.00 Balance Forward: 1,503.50 Payments &Adjustments: -1,503.50 Total Due: $ 3,470.00 Page 496 of 768 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 71840 Bill Date: March 10, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22731 Matter Name: Beecher v. Felix, Neossaint & City of Boynton Beach Total Professional Services 3,470.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 3,470.00 Balance Forward: 1,503.50 Payments &Adjustments: -1,503.50 Total Due: $ 3,470.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $3,470.00 Page 497 of 768 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach March 3, 2023 Attn: Tennille DeCoste Bill No. 72232 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Smith (Joseph) v. Sohn et al. 22369 Claim # BILL FOR FEES AND COSTS THROUGH 02/28/23 PROFESSIONAL SERVICES Date Services Attorney Hours 02/06/23 Receipt and review of Correspondence from Nicole BLB 0.30 Sauvola-LaMay re: Motion on Extension of Time to Respond to Motion for Summary Judgment. 02/06/23 Communicate/Other External multiple correspondence with AGB 0.30 defense counsel re: extension requested in Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment too lengthy 02/06/23 Communicate/Other External correspondence to and from Ms. AGB 0.10 Sauvola LaMay re: requesting extension. 02/06/23 Communicate/Other External correspondence to and from Ms. AGB 0.10 Sauvola LaMay re: agreement with Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment but for shorter time period than requested 02/06/23 Receipt and review of Plaintiff's Motion for Extension of Time to SWK 0.30 Respond to Defendant's Motion for Summary Judgment. 02/20/23 Receipt and review of Correspondence from Karen Klein re: BLB 0.10 request status of case. 02/20/23 Preparation of Correspondence to Karen Klein re: status of BLB 0.30 case and Motion for Summary Judgment. 02/28/23 Receipt and review of Plaintiff's Motion Requesting SWK 0.30 Conventional Filing. 02/28/23 Receipt and review of Plaintiff's Response in Opposition to SWK 0.50 Defendant's Motion for Summary Judgment. 02/28/23 Communicate/Other External multiple correspondence with AGB 0.30 defense counsel re: Plaintiff's Statement of Material Facts' non-compliance with the Local Rules and strategy for Reply Page 498 of 768 Client: City of Boynton Beach March 3, 2023 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 2 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 0.80 160.00 128.00 BLB Benjamin L. Bedard, Partner 0.70 185.00 129.50 SWK Stephanie W. Kaufer, Partner 1.10 185.00 203.50 Total Professional Services 2.60 $461.00 CURRENT BILL TOTAL AMOUNT DUE $ 461.00 Balance Forward: 6,566.77 Payments &Adjustments: -6,566.77 Total Due: $ 461.00 Page 499 of 768 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 72232 Bill Date: March 3, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22369 Matter Name: Smith (Joseph) v. Sohn et al. Total Professional Services 461.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 461.00 Balance Forward: 6,566.77 Payments &Adjustments: -6,566.77 Total Due: $ 461.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $461.00 Page 500 of 768 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management March 3, 2023 Attn: Karen Klein Bill No. 72233 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 02/28/23 PROFESSIONAL SERVICES Date Services Attorney Hours 02/24/23 Receipt and review of City of Boynton Beach's Notice of BLB 0.10 Change of Attorney. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 0.10 185.00 18.50 Total Professional Services 0.10 $18.50 CURRENT BILL TOTAL AMOUNT DUE $ 18.50 Balance Forward: 925.50 Payments &Adjustments: -925.50 Total Due: $ 18.50 Page 501 of 768 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 72233 Bill Date: March 3, 2023 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 18.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 18.50 Balance Forward: 925.50 Payments &Adjustments: -925.50 Total Due: $ 18.50 Past Due Balance 0.00 TOTAL AMOUNT DUE $18.50 Page 502 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74313 / CJS 00281 30233 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Sharon Tasha Ford vs. City of Boynton Beach, Robert Kellman, Ricky Lauture and Russell Faine FOR PROFESSIONAL SERVICES RENDERED: 02/08/2023 CJS Telephone conference with Richard Ignoffo regarding status and future 0.30 handling of claim 02/24/2023 CJS Review correspondence from Karen Klein regarding status 0.20 02/24/2023 CJS Prepare correspondence to Karen Klein regarding status 0.20 02/24/2023 CJS Review second correspondence from Karen Klein regarding status 0.20 Total Professional Services: $202.50 Stearns, Chris J. 0.90 225.00 $202.50 DISBURSEMENTS Summary: Total professional services $202.50 Total Amount Billed $202.50 Less Pre-Paid Applied $0.00 Please Pay this Amount $202.50 Page 503 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74314 / CJS 00281 43043 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: City of Boynton Beach vs. Carrington H. Morris, II (Claim #22897313) FOR PROFESSIONAL SERVICES RENDERED: 02/07/2023 CJS Review all file materials from the City 1.50 02/07/2023 CJS Telephone conference with Assistant SAO, Justin Jovin, Esq., regarding 0.20 City's intent to seek restitution 02/07/2023 CJS Prepare correspondence to Diana Taylor regarding full appraisal 0.20 Total Professional Services: $427.50 Stearns, Chris J. 1.90 225.00 $427.50 DISBURSEMENTS Summary: Total professional services $427.50 Total Amount Billed $427.50 Less Pre-Paid Applied $0.00 Please Pay this Amount $427.50 Page 504 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74315 / EBJ 00281 43016 Via: claims@bbfl.us Karen Klein City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Geico as Subrogee of Bruno Henrique Fernandes vs. City of Boynton Beach (Tristar Claim No. 19761606) FOR PROFESSIONAL SERVICES RENDERED: 02/01/2023 CJS Review Notice of Change of Attorney Information filed by Mike Cirullo, 0.20 Esq., for Boynton Beach 02/07/2023 CJS Review correspondence from Frankie Hutchinson regarding underlying 0.20 correspondences 02/07/2023 CJS Prepare correspondence to Frankie Hutchinson regarding settlement 0.20 related communications and correspondence from Geico 02/07/2023 CJS Review correspondence from Frankie Hutchinson regarding 0.20 pre-settlement communications 02/07/2023 CJS Prepare correspondence to Frankie Hutchinson regarding pre-settlement 0.20 communications 02/07/2023 CJS Review all correspondences between City, Tristar, claimants, and Bruno 2.30 Fernandez' attorneys to date 02/07/2023 CJS Research regarding whether or not Plaintiff s subrogation rights were 2.50 perfected at the time it sent the demand letter and whether Plaintiff has a viable subrogation claim 02/07/2023 CJS Multiple correspondences with Frankie Hutchinson regarding 0.50 correspondences with Geico related to settlement and additional documents 02/07/2023 CJS Review additional correspondences between Geico and Bruno 1.50 Fernandez' counsel 02/08/2023 CJS Telephone conference with Richard Ignoffo regarding status and future 0.30 handling of claim 02/09/2023 CJS Review correspondence from Morgan Chaloupka regarding Antonio 0.20 Donnino Page 505 of 768 Invoice Number 74315 Page 2 02/09/2023 CJS Review second correspondence from Morgan Chaloupka regarding 0.20 Antonio Donnino 02/14/2023 CJS Review correspondence from Officer Antonio Donnino regarding 0.20 deposition 02/15/2023 CJS Review Fernandez'Notice of Taking Deposition of Antonio Donnino 0.20 02/15/2023 CJS Review Co-Defendant's Notice of Taking Deposition of Officer Anthony 0.20 Donnino 02/15/2023 CJS Review South Miami Hospital's Renewed Responses and Objections to 0.30 Plaintiff s Notice of Deposition 02/16/2023 MCN Review file; prepare a witness identification/exhibit list 0.80 02/20/2023 CJS Prepare the City's interrogatories and request for production to serve to 1.00 Plaintiff 02/21/2023 CJS Prepare City's Notice of Taking Depositions of Bruno Fernandes and 0.20 Anthony Agnini, Esq. 02/21/2023 CJS Prepare City's Re-Notice of Taking Depositions of Bruno Fernandes and 0.20 Anthony Agnini, Esq. 02/22/2023 CJS Review correspondence from Andy Richardson, Court Liaison, regarding 0.20 deposition of Anthony Donnino Total Professional Services: $2,575.00 Stearns, Chris J. 11.00 225.00 $2,475.00 Nunez, Michelle C. 0.80 125.00 $100.00 DISBURSEMENTS 0212812023 Printing and Imaging Services 6.30 Total Expenses Advanced: $6.30 Summary: Total professional services $2,575.00 Total expenses incurred +$6.30 Total Amount Billed $2,581.30 Less Pre-Paid Applied $0.00 Please Pay this Amount $2,581.30 Page 506 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74316 / EBJ 00281 43019 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Natalie Flake vs. City of Boynton Beach (Tristar Claim No. 20818346) FOR PROFESSIONAL SERVICES RENDERED: 02/01/2023 CJS Review Notice of Change of Attorney Information filed by Mike Cirullo, 0.20 Esq., for Boynton Beach 02/01/2023 MCN Continue reviewing file, including the crash report, medical expert's 4.00 reports, and Plaintiffs medical records 02/01/2023 CJS Draft the City's trial witness list 1.00 02/01/2023 CJS Draft the City's trial expert witness list 0.60 02/01/2023 CJS Draft the City's trial exhibit list 0.80 02/01/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the City's 0.20 responses to Plaintiffs expert witness interrogatories and pre-trial request to produce 02/01/2023 CJS Review of correspondence from Ryan Wechsler, Esq. regarding the 0.20 City's responses to Plaintiffs expert witness interrogatories and pre-trial request to produce 02/03/2023 CJS Review correspondence from Richard Ignoffo regarding pretrial report 0.20 02/03/2023 CJS Review correspondence from Diana Taylor regarding trial in May and 0.20 pre-trial report 02/03/2023 CJS Prepare correspondence to Richard Ignoffo and Diana Taylor regarding 0.20 updated report 02/03/2023 CJS Revise and finalize City's Answers to Interrogatories and Response to 1.00 Request for Production 02/03/2023 MCN Prepare, compile, organize and index the City's responsive documents to 0.60 Plaintiffs expert witness interrogatories and pre-trial request to produce Page 507 of 768 Invoice Number 74316 Page 2 02/03/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the City's 0.20 responses to Plaintiffs expert witness interrogatories and pre-trial request to produce 02/03/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding trial 0.20 documents 02/03/2023 CJS Review of correspondence to Ryan Wechsler, Esq. regarding trial 0.20 documents 02/06/2023 CJS Review Plaintiff s Fact Witness and Exhibit List 1.50 02/06/2023 CJS Review all discovery produced to date 4.00 02/06/2023 CJS Continue drafting the City's fact witness, expert witness, and exhibit list 0.60 02/06/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the City's fact 0.20 witness, expert witness, and exhibit list 02/08/2023 CJS Telephone conference with Richard Ignoffo regarding status and future 0.30 handling of claim 02/08/2023 CJS Review City documents produced in response to Plaintiff s request for 3.80 production, and Plaintiffs medical records 02/09/2023 CJS Review Plaintiff s Witness List 0.30 02/09/2023 CJS Draft a pre-trial report 3.20 02/09/2023 CJS Prepare the City's amended responses to Plaintiffs expert interrogatories 0.80 and pre-trial request for production 02/09/2023 MCN Telephone conference with Donna Kotlarz regarding Dr. Michael Zeide's 0.10 CV, fee schedule and Elkins List 02/09/2023 CJS Review of correspondence from Donna Kotlarz regarding Dr. Michael 0.20 Zeide's CV, fee schedule and Elkins List 02/09/2023 CJS Prepare correspondence to Donna Kotlarz regarding Dr. Michael Zeide's 0.20 CV, fee schedule and Elkins List 02/10/2023 CJS Review correspondence from Ryan Wechsler, Esq., regarding pre-trial 0.20 stipulation 02/10/2023 CJS Prepare correspondence to Ryan Wechsler, Esq., regarding pre-trial 0.20 stipulation 02/10/2023 CJS Review second correspondence from Ryan Wechsler, Esq., regarding 0.20 pre-trial stipulation 02/10/2023 CJS Review correspondence from Ryan Wechsler, Esq., regarding motion to 0.30 compel and expert witness interrogatories 02/10/2023 CJS Prepare correspondence to Ryan Wechsler, Esq., regarding motion to 0.20 compel and expert witness interrogatories 02/10/2023 CJS Prepare revised answers to expert witness interrogatories 0.20 02/10/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the City's 0.20 amended responses to Plaintiffs expert interrogatories and pre-trial request for production 02/13/2023 CJS Research regarding similar jury verdicts pursuant to pre-trial report's 2.50 requirement Page 508 of 768 Invoice Number 74316 Page 3 02/13/2023 CJS Research regarding biography of the trial judge 0.50 02/13/2023 CJS Revise and finalize pretrial report 1.50 02/13/2023 CJS Review of correspondence from Ryan Wechsler, Esq. regarding the 0.20 City's answer to Plaintiff s expert witness interrogatories 02/13/2023 CJS Amend the City's answers to Plaintiff s expert witness interrogatory 0.30 number 5 02/13/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. regarding the City's 0.20 amended answer to Plaintiff s expert witness interrogatory number 5 02/13/2023 CJS Prepare correspondence to Ryan Wechsler, Esq. requesting Plaintiffs 0.20 medical bills (total charges/amount paid/amount owed) 02/13/2023 CJS Review of correspondence from Renee Krieger regarding Plaintiffs 0.20 medical bills (total charges/amount paid/amount owed) 02/14/2023 CJS Review correspondence from Ryan Wechsler, Esq., regarding Plaintiffs 0.20 medical specials 02/14/2023 CJS Review correspondence from Ryan Wechsler, Esq., regarding Plaintiffs 0.20 medical specials 02/14/2023 CJS Prepare second correspondence to Ryan Wechsler, Esq., regarding 0.20 Plaintiffs medical specials 02/14/2023 CJS Review correspondence from Diana Taylor regarding settlement range 0.20 02/14/2023 CJS Prepare correspondence to Diana Taylor regarding estimated settlement 0.20 range 02/14/2023 CJS Review correspondence from Diana Taylor regarding confirmation of 0.20 settlement range 02/16/2023 CJS Prepare City's Notice of Trial Conflict 1.00 02/17/2023 CJS Review of correspondence from Renee Krieger regarding Plaintiffs 0.20 medical bills (total charges/amount paid/amount owed 02/20/2023 CJS Review correspondence from Rodney Romano regarding upcoming 0.30 mediation, summaries and zoom information 02/20/2023 CJS Review correspondence from Ryan Wechsler, Esq., confirming 0.20 mediation 02/20/2023 CJS Prepare correspondence to Ryan Wechsler, Esq., and Rodney Romano 0.20 confirming mediation 02/22/2023 CJS Review of correspondence from Renee Krieger regarding Plaintiffs 0.20 request for records from Akumin -Wellington and Radiology Physician Solutions 02/22/2023 CJS Prepare correspondence to Renee Krieger regarding Plaintiffs request for 0.20 records from Akumin -Wellington and Radiology Physician Solutions 02/22/2023 CJS Prepare the City's response to Plaintiff s request for records from Akumin 0.30 -Wellington and Radiology Physician Solutions 02/27/2023 CJS Review Plaintiff s Notice of Filing Deposition Designations 0.30 02/27/2023 CJS Telephone conference with Diana Taylor regarding mediation and 0.30 authority Page 509 of 768 Invoice Number 74316 Page 4 Total Professional Services: $7,742.50 Stearns, Chris J. 31.80 225.00 $7,155.00 Nunez, Michelle C. 4.70 125.00 $587.50 DISBURSEMENTS 0212812023 Printing and Imaging Services 333.55 Total Expenses Advanced: $333.55 Summary: Total professional services $7,742.50 Total expenses incurred +$333.55 Total Amount Billed $8,076.05 Less Pre-Paid Applied $0.00 Please Pay this Amount $8,076.05 Page 510 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74317 / EBJ 00281 43022 Via: claims@bbfl.us Cindy Rogozin City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Beverly Bozzacco vs. FDOT and City of Boynton Beach (Tristar Claim No. 23900891) FOR PROFESSIONAL SERVICES RENDERED: 02/08/2023 CJS Telephone conference with Richard Ignoffo regarding status and future 0.30 handling of claim 02/09/2023 CJS Review correspondence from Frankie Hutchinson regarding response to 0.20 the Complaint and discovery on behalf of the City 02/09/2023 CJS Prepare correspondence to Frankie Hutchinson regarding response to the 0.20 Complaint and discovery on behalf of the City 02/09/2023 CJS Review second correspondence from Frankie Hutchinson regarding 0.20 response to the Complaint and discovery on behalf of the City 02/09/2023 CJS Prepare second correspondence to Frankie Hutchinson regarding 0.20 response to the Complaint and discovery on behalf of the City 02/09/2023 CJS Review correspondence from Frankie Hutchinson regarding status, 0.20 discovery and response to complaint 02/09/2023 CJS Prepare correspondence to Frankie Hutchinson regarding status, 0.20 discovery and response to complaint 02/13/2023 EBJ Review correspondence and information provided from Richard Ignoffo 0.60 concerning resurfacing of roadway, new striping, repairing broken sidewalk, etc., as well as no notice of alleged defect in sidewalk 02/13/2023 EBJ Review correspondence from City Engineer concerning potential 0.50 correspondence to HOA of Leisureville; prepare response 02/13/2023 CJS Review correspondence from Richard Ignaffo regarding correspondence 0.30 from the City Engineer and letter to the HOA 02/13/2023 CJS Prepare correspondence to Richard Ignaffo regarding correspondence 0.20 from the City Engineer and letter to the HOA Page 511 of 768 Invoice Number 74317 Page 2 02/14/2023 CJS Review correspondence from Richard Ignoffo regarding specific location 0.20 for public works to receive notices from HOA and letter to HOA 02/16/2023 CJS Draft and review City's Answer and Defenses 2.30 02/17/2023 CJS Prepare correspondence to clients regarding Answer and Defenses to 0.20 Plaintiff s Complaint 02/20/2023 CJS Review Co-Defendant, Leisureville's, Motion for Extension of Time to 0.30 Respond to Plaintiff s Complaint 02/23/2023 CJS Review FDOT's Motion to Abate Plaintiff s Complaint 0.20 02/23/2023 CJS Review FDOT's Request for Production to Plaintiff 0.20 02/23/2023 CJS Review FDOT's Notice of Serving First Set of Interrogatories to Plaintiff 0.20 02/23/2023 CJS Review FDOT's First Set of Interrogatories to Plaintiff 0.30 02/24/2023 CJS Review correspondence from Gary Dunmyer regarding notices of defects 0.40 in sidewalks in Leisureville Total Professional Services: $1,665.00 Stearns, Chris J. 6.30 225.00 $1,417.50 Johnson, E. Bruce 1.10 225.00 $247.50 DISBURSEMENTS 0211512023 OTD Messenger, Inc.; Invoice #A4549-4126; Courier Service to Retrieve 43.52 Medical Binders and Add'l Documents from Goren Cheroff 0212812023 Printing and Imaging Services 1.40 0212812023 Postage Summary 0.60 Total Expenses Advanced: $45.52 Summary: Total professional services $1,665.00 Total expenses incurred +$45.52 Total Amount Billed $1,710.52 Less Pre-Paid Applied $0.00 Please Pay this Amount $1,710.52 Page 512 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74318 / EBJ 00281 43028 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Tammi Philson vs. City of Boynton Beach(Tristar Claim No. 001470-000440-GB-01 FOR PROFESSIONAL SERVICES RENDERED: 02/02/2023 CJS Review correspondence from Diana Taylor regarding new claim and 0.20 status 02/02/2023 CJS Prepare correspondence to Diana Taylor regarding new claim and status 0.20 02/02/2023 CJS Review second correspondence from Diana Taylor regarding update to 0.20 prior carrier and pretrial report 02/02/2023 CJS Review proposed template for Ongoing Claim Report 0.30 02/02/2023 CJS Review proposed Tristar Pretrial Report 0.30 02/02/2023 CJS Prepare correspondence to Diana Taylor regarding reports 0.20 02/02/2023 CJS Prepare second correspondence to Diana Taylor regarding pretrial 0.20 reporting 02/02/2023 CJS Prepare Notice of Appearance and Email Designation 0.20 02/07/2023 CJS Review file and identify future discovery to be conducted 2.00 02/07/2023 CJS Prepare correspondence to Richard Ignoffo regarding contact 0.30 information for various employees with knowledge of deficient lighting 02/08/2023 CJS Telephone conference with Richard Ignoffo regarding status and future 0.30 handling of claim 02/13/2023 CJS Prepare Notice of Taking Deposition of Plaintiff 0.30 02/14/2023 CJS Prepare correspondence to clients regarding deposition of Plaintiff 0.20 02/15/2023 CJS Review Notice of Unavailability filed by counsel for Plaintiff 0.20 02/15/2023 CJS Review Notice of Conflict filed by Plaintiff s counsel 0.20 Page 513 of 768 Invoice Number 74318 Page 2 02/15/2023 MCN Review file, summarize Plaintiffs complaint and discovery responses in 3.00 order to identity witnesses with knowledge of Plaintiff s allegations and relevant documents 02/15/2023 CJS Prepare a witness exhibit list 1.00 02/15/2023 CJS Draft an ongoing litigation report and budget 1.50 02/16/2023 CJS Continue drafting an ongoing litigation report and budget 1.00 Total Professional Services: $2,355.00 Stearns, Chris J. 8.80 225.00 $1,980.00 Nunez, Michelle C. 3.00 125.00 $375.00 DISBURSEMENTS 0212812023 Printing and Imaging Services 23.80 Total Expenses Advanced: $23.80 Summary: Total professional services $2,355.00 Total expenses incurred +$23.80 Total Amount Billed $2,378.80 Less Pre-Paid Applied $0.00 Please Pay this Amount $2,378.80 Page 514 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74319 / EBJ 00281 43034 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Jesusa Venegas vs. City of Boynton Beach (?Tristar Claim No. 001470000367AB) FOR PROFESSIONAL SERVICES RENDERED: 02/01/2023 CJS Review all medical records produced by City 3.00 02/01/2023 CJS Review Notice of Change of Attorney Information filed by Mike Cirullo, 0.20 Esq., for Boynton Beach 02/02/2023 CJS Review Plaintiff s Re-Notice of Taking Deposition of Lloyd of London's 0.20 corporate representative 02/07/2023 CJS Research regarding motion for summary judgment on claim for 2.70 declaratory relief 02/07/2023 CJS Review Plaintiff s Exhibit List 0.30 02/07/2023 CJS Review Plaintiff s Witness List 0.30 02/13/2023 CJS Review file, prepare a witness identification list and case status 1.00 02/14/2023 CJS Review file and prepare for deposition of the Certain Underwriters at 2.00 Lloyd's of London 02/15/2023 CJS Continued preparation for and attend deposition of the corporate 3.00 representative of Lloyd's of London 02/15/2023 CJS Telephone conference with Plaintiffs attorney regarding basis for 0.20 keeping the City in litigation and potential 57.105 motion 02/16/2023 CJS Telephone conference with Patrick Betar, Esq., counsel for Lloyd's, 0.30 concerning motion for summary judgment and future proceedings 02/16/2023 CJS Review voluminous file regarding compliance with pretrial order and 6.00 preparation of witness and exhibit list 02/16/2023 CJS Review Co-Defendant, Lloyd's of London's, Exhibit List 0.30 02/16/2023 CJS Review Co-Defendant, Lloyd's of London's, Witness List 0.30 02/22/2023 CJS Review Plaintiff s Certificate of Authority regardong Mediation 0.20 Page 515 of 768 Invoice Number 74319 Page 2 02/24/2023 EBJ Analyze Plaintiff s Motion for Summary Judgment, review indemnity 2.00 policy, review case law and Florida statutes, prepare memo 02/24/2023 CJS Review Plaintiff s Motion for Summary Judgment and supporting 3.50 evidence 02/25/2023 CJS Draft and review City's motion for summary judgment argument related 3.50 to declaratory relief 02/26/2023 CJS Follow-up research regarding Plaintiff s claim for declaratory relief and 2.50 motion for summary judgment due to upcoming deadline 02/27/2023 WHJ Prepare for mediation of claim 4.00 02/27/2023 CJS Telephone conference with Co-Defendant counsel, Patrick Betar, Esq., 0.70 regarding joint defense issues, mediation, and motions for summary judgment 02/27/2023 CJS Review correspondence from Patrick Betar, Esq., regarding Lloyd's 0.50 pre-mediation report to the mediator 02/27/2023 CJS Telephone conference with Diana Taylor regarding mediation 0.30 02/27/2023 CJS Review correspondence from Diana Taylor regarding status of case and 0.20 mediation 02/27/2023 CJS Prepare correspondence to Diana Taylor regarding status of case and 0.20 mediation 02/27/2023 CJS Telephone conference with Mike Cirullo, Esq., regarding mediation 0.30 02/27/2023 CJS Prepare correspondence to Richard Ignoffo regarding mediation 0.20 02/27/2023 CJS Review Lloyd's of London's Notice of Compliance regarding mediation 0.20 02/27/2023 CJS Prepare correspondence to clients regarding mediation 0.20 02/27/2023 CJS Review correspondence from Diana Taylor regarding mediation 0.20 02/28/2023 WHJ Continued preparation for and attend mediation of claim 3.80 02/28/2023 CJS Review correspondence from Richard Ignoffo regarding mediation 0.20 02/28/2023 CJS Review second correspondence from Richard Ignoffo regarding outcome 0.20 of mediation Total Professional Services: $9,607.50 Stearns, Chris J. 32.90 225.00 $7,402.50 Johnson, E. Bruce 2.00 225.00 $450.00 Johnson IV, W. Hampton 7.80 225.00 $1,755.00 DISBURSEMENTS 0212812023 Printing and Imaging Services 10.50 0212812023 WestLaw Research 133.00 Page 516 of 768 Invoice Number 74319 Page 3 Total Expenses Advanced: $143.50 Summary: Total professional services $9,607.50 Total expenses incurred +$143.50 Total Amount Billed $9,751.00 Less Pre-Paid Applied $0.00 Please Pay this Amount $9,751.00 Page 517 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74320 / EBJ 00281 43041 Via: claims@bbfl.us Karen Klein City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Jean Estella vs. City of Boynton Beach (Tristar Claim No. 1979815) FOR PROFESSIONAL SERVICES RENDERED: 02/16/2023 CJS Prepare Notice of Hearing on City's Motion for Sanctions 0.20 Total Professional Services: $45.00 Stearns, Chris J. 0.20 225.00 $45.00 DISBURSEMENTS 0212812023 Printing and Imaging Services 3.85 0212812023 Postage Summary 3.18 Total Expenses Advanced: $7.03 Summary: Total professional services $45.00 Total expenses incurred +$7.03 Total Amount Billed $52.03 Less Pre-Paid Applied $0.00 Please Pay this Amount $52.03 Page 518 of 768 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 March 21, 2023 Billed Through 02/28/2023 Invoice 74321 / EBJ 00281 43044 Via: claims@bbfl.us Michael Carlson City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Michael Norwood vs. City of Boynton Beach (Tristar Claim No. 21959966) FOR PROFESSIONAL SERVICES RENDERED: 02/01/2023 CJS Prepare correspondence to Court's JA regarding requested trial 0.30 rescheduling 02/01/2023 CJS Review Complaint, Answer and all pleadings to date 3.00 02/01/2023 CJS Review claim file 1.80 02/03/2023 CJS Review file and prepare for pre-deposition meeting with Tom Mahady, 2.00 Ocean Rescue Chief 02/06/2023 CJS Continued preparation for and attend pre-deposition meeting with Ocean 1.50 Rescue Chief Thomas Mahady 02/06/2023 CJS Prepare correspondence to Court regarding trial docket 0.20 02/07/2023 CJS Prepare Notice of Taking Deposition of Plaintiff 0.20 02/07/2023 CJS Review file and identify all future discovery to be conducted 1.00 02/07/2023 CJS Prepare follow up correspondence to Court regarding improper trial 0.20 setting 02/07/2023 CJS Review correspondence from Judge's JA, Leslie Restivo, regarding 0.20 motion to continue 02/07/2023 CJS Prepare correspondence to Judge's JA, Leslie Restivo, regarding motion 0.20 to continue 02/08/2023 CJS Prepare correspondence to Richard Ignoffo regarding deposition of 0.20 Plaintiff 02/09/2023 JHR Analyze plaintiff s exhibits to be utilized for Thomas Mahady's 0.50 (corporate representative) deposition 02/09/2023 JHR Attend Thomas Mahady's (corporate representative) deposition 2.00 Page 519 of 768 Invoice Number 74321 Page 2 02/09/2023 JHR Draft and review summary of Thomas Mahady's deposition 0.80 Total Professional Services: $3,172.50 Stearns, Chris J. 10.80 225.00 $2,430.00 Railey, Jonathan H. 3.30 225.00 $742.50 DISBURSEMENTS 0212812023 Printing and Imaging Services 48.65 Total Expenses Advanced: $48.65 Summary: Total professional services $3,172.50 Total expenses incurred +$48.65 Total Amount Billed $3,221.15 Less Pre-Paid Applied $0.00 Please Pay this Amount $3,221.15 Page 520 of 768 Wydler Law 2600 Douglas Road PH-4 Coral Gables, FL 33134 (305) 445-5528 (305) 446-0995 Fax March 17, 2023 TAX I.D.92-1828074 Claims/Human Resources and Risk Manageme City of Boynton Beach Invoice No. 6001 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al. Claim No.: 22891273 Professional Services Hours Amount Amount 2/6/2023 LW Rec and rev e-mail exchange re motion to 0.50 $70.00 $70.00 extend time to respond to motion for summary judgment 2/8/2023 LW Legal Research (update) re drug 1.90 $266.00 $266.00 arrest/canine/fellow officer/false arrest LW Legal Research motions in limine/drug arrest 0.50 $70.00 $70.00 2/15/2023 LW Rec and rev e-mail from Scott Alexander re 0.10 $14.00 $14.00 new case law 2/16/2023 LW Rec and rev e-mail from Karen Klein re 0.20 $28.00 $28.00 status; draft response 2/27/2023 LW Rec and rev Plaintiff's response in opposition 0.90 $126.00 $126.00 to Defendants'joint motion for summary judgment 2/28/2023 LW Review Plaintiffs cited cases in response in 1.50 $210.00 $210.00 opposition to motion for summary judgment LW Review/analyze Plaintiff's record citations 1.50 $210.00 $210.00 and filings (appendix)in support of response in opposition to motion for summary judgment Page 521 of 768 Claims/Human Resources and Risk Manageme Page 2 Hours Amount Amount 2/28/2023 LW Review file re update to Karen Klein 0.30 $42.00 $42.00 LW Review/analyze Plaintiff's response in 2.10 $294.00 $294.00 opposition to motion for summary judgment and statement of facts LW Rec and rev e-mail exchange re Plaintiffs 0.40 $56.00 $56.00 statement of facts non-compliant For professional services rendered 9.90 $1,386.00 Previous balance $2,966.00 3/14/2023 Payment-Thank You ($600.00) 3/14/2023 Payment-Thank You ($2,366.00) Total payments and adjustments ($2,966.00) Balance due $1,386.00 Timekeeper Summary Name Hours Rate Lourdes E. Wydler 9.90 140.00 PLEASE MAKE CHECKS PAYABLE TO WYDLER LAW Page 522 of 768 7.A. Consent Bids and Purchases Over $100,000 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Approve Task Order P-03-2023 for $194,517.50 for All Counties Painting, LLC to pressure wash, prime and paint 5 facilities at 124 East Woolbright Road (Administration Building) and 1620 S. Seacrest Boulevard (East Water Treatment Plant). Explanation of Request: The City obtained a proposal for Task Order P-03-2023 from the approved vendor to complete pressure washing, priming, and painting of 5 facilities located at 124 East Woolbright Road (Administration Building) and 1620 S. Seacrest Boulevard (East Water Treatment Plant) per contract pricing for the approved bid "CITY WIDE PAINTING SERVICES - PRE-QUALIFIED POOL" Bid#013-2511-19/IT." On Tuesday, June 7, 2022 at a regular schedule City Commission meeting approval was granted for the 2nd renewal of the bid "CITY WIDE PAINTING SERVICES - PRE-QUALIFIED POOL" Bid#013-2511-19/IT" with and annual estimated expenditure of$250,000.00. The initial term of the bid was for two (2) years with three (3), one (1) year renewals. The City Commission approved individual projects over $100,001.00 will be brought back to the City Commission for consideration of award. How will this affect city programs or services? There will be no impact to City programs or services. Fiscal Impact: B udgeted Utilities Account Number: 403-5000-533-65.02, Project#W T2102. Alternatives: To not award and wait for another time to obtain a proposal and the buildings will continue to deteriorate. Strategic Plan: High Performing Organization Strategic Plan Application: Maintaining buildings in good condition to avoid higher capital expenses at a later time. Climate Action Application: Is this a grant? Grant Amount: Page 523 of 768 Attachments: Type Description D Task Order Task Order P-03-2023-All Counties Painting LLC D Exhibit Location Map- 124 E Woolbright Road & 1620 S, Seacrest Blvd D Attachment Agenda Item 06-07-2022 Extension D Attachment Agenda Item 07-02-2019 Bid Award D Attachment Renewal Interest Letter—All Counties Painting LLC 2022-2023 Signed Page 524 of 768 ALL COUNTIES PAINTING, LLC Estimate dba PEOPLE'S CHOICE PRESSURE CLEANING&PAINTING. 4341 SW 73 TERRACE Phone 954-445-8033 Date DAVIE, FL 33314 Fax 954-382-9267 E-mail h2opressure(abellsouth.net LICENSE CC#11-P-16356-X www.allpeopleschoice.com 1/30/2023 Name/Address Project CITY OF BOYNTON BEACH BOYNTON BEACH UTILITIES DEPARTMENT PUBLIC WORKS DEPT 124 E. WOOLBRIGHT RD. 222 N.E.9TH AVENUE BOYNTON BEACH,33435 BOYNTON BEACH,FL 33435 Customer Phone 561-742-6223 PO# Description Qty Rate Total -PRIME,PREPARE AND PAINT ALL BUILDINGS 1 THROUGH 5 ON THE UTILITIES 0.00 0.00 PROPERTY.NO METAL BEING PAINTED ON BUILDING 1 EXCEPT FOR THE ONE METAL ENTRANCE DOOR.WE ARE PRESSURE CLEANING ALL THE CONCRETE AROUND BUILDING 1.AT BUILDING 3 WE ARE PAINTING ALL THE DIFFERENT BUILDINGS THAT MAKE UP THE AREA INCLUDING THE METAL ENTRANCE DOORS AND THE 2 METAL HOLDING TANKS. THERE ARE 3 AREAS OF CONCRETE FLOORING WHICH WILL BE PAINTED AS WELL.BUILDINGS 4 AND 5 ARE ALL METAL AND WE WILL BE PAINTING THE WALLS AND DOORS AND THE ROOFS WILL BE OPTIONAL.ALSO INCLUDED IS THE PRIVACY WALL BEING PAINTED ON THE OUTSIDE FACING AREA AND PARTIAL INSIDE FACING AREA. PRESSURE WASH SURFACES THOROUGHLY PRIOR TO COATING APPLICATION REMOVE ANY IRREGULARITIES BY SCRAPING&SANDING TO PRODUCE A UNIFORM SURFACE. -COVER AREAS WITH PAPER,PLASTIC AND DROP CLOTHS TO PROTECT SURFACES. COATINGS SHERWIN WILLIAMS MASONRY PRIMER- 1 COAT OF LOXON PRIMER/SEALER TOP COAT-LATITUDE EXTERIOR 100%ACRYLIC SATIN FINISH METAL PRIMER-PRO-CRYL PRIMER TOP COAT-SHER-CRYL SEMI GLOSS FINISH CAULKING LOXON H1 JOINT SEALANT(CAULKING) BUILDING COLORS STAYING THE SAME AND TRIM COLORS ARE CHANGING PRIVACY WALL 1.A PRESSURE WASHING 1,900SF.X.05=$95.00 1,900 0.05 95.00 7.1)EXTERIOR VERTICAL STUCCO/CMUSURFACE PAINTING/WATERPROOFING- 1,900 0.70 1,330.00 W/PRIMER 1,900SF.X.70=$1,330.00 7.13 EXTERIOR VERTICAL STUCCO/CMU SURFACE PAINTING/WATERPROOFING- 1,900 0.75 1,425.00 W/LATEX 1,900SF.X.75=$1,425.00 TOTAL- $2,850.00 BUILDING#1 GROUNDWORK ONLY: 1.A PRESSURE WASHING 6,250'SF.X.05=$312.50 6,250 0.05 312.50 BUILDING#1 WALLS: Total Customer Signature Pagel Page 525 of 768 ALL COUNTIES PAINTING, LLC Estimate dba PEOPLE'S CHOICE PRESSURE CLEANING&PAINTING. 4341 SW 73 TERRACE Phone 954-445-8033 Date DAVIE, FL 33314 Fax 954-382-9267 E-mail h2opressure(abellsouth.net LICENSE CC#11-P-16356-X www.allpeopleschoice.com 1/30/2023 Name/Address Project CITY OF BOYNTON BEACH BOYNTON BEACH UTILITIES DEPARTMENT PUBLIC WORKS DEPT 124 E. WOOLBRIGHT RD. 222 N.E.9TH AVENUE BOYNTON BEACH,33435 BOYNTON BEACH,FL 33435 Customer Phone 561-742-6223 PO# Description Qty Rate Total 1.A PRESSURE WASHING 18,400SF.X.05=$920.00 18,400 0.05 920.00 7.1)EXTERIOR VERTICAL STUCCO/CMUSURFACE PAINTING/WATERPROOFING- 18,400 0.70 12,880.00 W/PRIMER 18,400SF.X.70=$12,880.00 7.13 EXTERIOR VERTICAL STUCCO/CMU SURFACE PAINTING/WATERPROOFING- 18,400 0.75 13,800.00 W/LATEX 18,400SF.X.75=$13,800.00 TOTAL- $27,912.50 BUILDING#2 1.A PRESSURE WASHING 2,650SF.X.05=$132.50 2,650 0.05 132.50 7.1)EXTERIOR VERTICAL STUCCO/CMU PAINTING/WATERPROOFING W/PRIMER 2,600SF. 2,600 0.70 1,820.00 X.70-$1,820.00 7.13 EXTERIOR VERTICAL STUCCO/CMU PAINTING/WATERPROOFING W/LATEX 2,600SF.X 2,600 0.75 1,950.00 .75=$1,950.00 8C.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/OIL 50SF X$1.35=$67.50 50 1.35 67.50 8D.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/PRIMER 50SF X$1.00= 50 1.00 50.00 $50.00 TOTAL- $4,020.00 BUILDING#3 1.A PRESSURE WASHING 56,800SF.X.05=$2,840.00 56,800 0.05 2,840.00 7.1)EXTERIOR VERTICAL STUCCO/CMU PAINTING/WATERPROOFING W/PRIMER 52,000SF. 52,000 0.70 36,400.00 X.70-$36,400.00 7.13 EXTERIOR VERTICAL STUCCO/CMU PAINTING/WATERPROOFING W/LATEX 52,000SF. 52,000 0.75 39,000.00 X.75=$39,000.00 8C.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/OIL 4,800SF X$1.35= 4,800 1.35 6,480.00 $6,480.00 8D.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/PRIMER 4,800SF X 4,800 1.00 4,800.00 $1.00=$4,800.00 20. CONCRETE RESTORATION AND REPAIR 750SF X$4.50=$3,375.00 750 4.50 3,375.00 TOTAL- $92,895.00 BUILDINGS#4&#5 1.A PRESSURE WASHING 16,250SF X.05=$812.50 16,250 0.05 812.50 8C.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/OIL 16,250SF X$1.35= 16,250 1.35 21,937.50 $21,937.50 Total Customer Signature Page 2 Page 526 of 768 ALL COUNTIES PAINTING, LLC Estimate dba PEOPLE'S CHOICE PRESSURE CLEANING&PAINTING. 4341 SW 73 TERRACE Phone 954-445-8033 Date DAVIE, FL 33314 Fax 954-382-9267 E-mail h2opressure(abellsouth.net LICENSE CC#11-P-16356-X www.allpeopleschoice.com 1/30/2023 Name/Address Project CITY OF BOYNTON BEACH BOYNTON BEACH UTILITIES DEPARTMENT PUBLIC WORKS DEPT 124 E. WOOLBRIGHT RD. 222 N.E.9TH AVENUE BOYNTON BEACH,33435 BOYNTON BEACH,FL 33435 Customer Phone 561-742-6223 PO# Description Qty Rate Total 8D.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/PRIMER 16,250SF X 16,250 1.00 16,250.00 $1.00=$16,250.00 TOTAL- $39,000.00 *OPTIONAL-BUILDINGS#4&#5 ROOFS BUILDING#4&#5 1.A PRESSURE WASHING 11,600SF X.05=$580.00 11,600 0.05 580.00 8C.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/OIL 11,600SF X$1.35= 11,600 1.35 15,660.00 $15,660.00 8D.EXTERIOR PAINTING/WATERPROOFING METAL SURFACES W/PRIMER 11,600SF X 11,600 1.00 11,600.00 $1.00=$11,600.00 TOTAL- $27,840.00 THIS PRICE INCLUDES TOTALS FOR ALL LABOR&MATERIALS$194,517.50 Thank you for your consideration.Prices good for 30 days. Signing this Estimate indicates all terms and conditions have been accepted. Total $194,517.50 *Payment by Credit card requires additional fee of 3.32%from total amount. Customer Signature Page 3 Page 527 of 768 , �k t D Y k , Y s A � � �1 Y k uildirig 41 , Building 5 1, kD r t i r c Ili P' t i .RI ��4n71 f,R dl I'S r I y. t 7.C. Consent Bids and Purchases Over$100,000 6/7/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/7/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for June 7,2022-"Request for Extensions and/or Piggybacks." Explanation of Request: As required,the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations;and to piggy-back governmental contracts. Options to extend or renew are noted in the"Agenda Request Item"presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Unarmed Roving Security Guard Piggyback City of Annual Services—City Hall, Cultural Pompano Beach CRA June 25, Expenditure— RFP No. P-15-19 Professional Security Concepts, Inc. Center, Other City Facilities/Land Resolution No. 2019-35 2022—June Not to Exceed and Special Events as designated _COBB Resolution No. 24,2023 by Chief of Police. R20-036 $300,000 Estimated Annual Supply of Aftermarket City of Boynton Beach September 4, Annual Genuine Parts dba (NAPAAuto), VMP Automotive,Accessories & Bid No. 031-1412- 2022- Expenditure Supplies 19/MFD September 3, 2023 $155,000 Dartco Transmission Sales, Expert Diesel, General GMC Truck Sales, Annual Supply of Original Estimated SBL Freightliner-Lou Bachrodt, Equipment Manufacturer(OEM) City of Boynton Beach September 4, Annual Nextran Truck Centers, Pat's Pump Service and Parts for Bid No. 029-1412- 2022 thru Expenditure and Blower, The Pete Store, SSES Medium/Large and Heavy-Duty 19/MFD September 3, dba Southern Sewer, Sunbelt Vehicles and Equipment. 2023 $500,000 Hydraulics, Innovative Equipment Services 2 LLC dba Trekker Tracker Annual Supply of Original Equipment Manufacturer(OEM) September 4, Estimated Al Packer Ford Lincoln, Steve Moore Service and Parts for Small and City of Boynton Beach Annual 2022 thru dba Autonation Chevrolet Greenacres, Light Duty Vehicles and Equipment Bid No. 032-1412- September 3, Expenditure Schumacher Parts Group Manufacturer(OEM) Service and 19/MFD 2023 Parts for Small and Light Duty $110,000 Vehicles and Equipment Estimated J &J, Inc. dba Eagle Painting;All Citywide Painting Services Pre- City of Boynton Beach July 3, 2022 Annual Counties Painting, LLC Qualified Pool Bid No. 013-2511-19/IT thru July 2, Expenditure 2023 $250,000 How will this affect city programs or services? This renewal report will be used for those solicitations,contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued for each of the renewing bids. Strategic Plan: Strategic Plan Application: Page 529 of 768 Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type Description Attachment Bid Extensions and Piggy-Backs over$100,000 Attachment Renewal Interest Letter-Professional Security Concepts, Inc.- 2022-2023 Attachment Renewal Interest Letter-Dartco Transmission Sales-2022-2023 Attachment Renewal Interest Letter-KVP dba Expert Diesel-2022-2023 Attachment Renewal Interest Letter-General GMC Truck Sales-2022-2023 Attachment Renewal Interest Letter-Innovative Equipment Services 2 LLC dba Trekker Tracker-2022-2023 Attachment Renewal Interest Letter-Nextran Truck Centers-2022-2023 Attachment Renewal Interest Letter-Pats Pump and Blower-2022-2023 Attachment Renewal Interest Letter-The Pete Store-2022-2023 Attachment Renewal Interest Letter-SBL Freightliner-Lou Bachrodt-2022- 2023 Attachment Renewal Interest Letter-SSES dba Southern Sewer-2022-2023 Attachment Renewal Interest Letter-Sunbelt Hydraulics-2022-2023 Attachment Renewal Interest Letter-Genuine Parts dba NAPA Auto-2022- 2023 Attachment Renewal Interest Letter-VMP-2022-2023 Attachment Renewal Interest Letter-Al Packer Ford Lincoln-2022-2023 Attachment Renewal Interest Letter-Steve Moore dba Autonation Chevrolet Greenacres-2022-2023 Attachment Renewal Interest Letter-Schumacher Parts Group-2022-2023 Attachment Renewal Interest Letter-J&J, Inc.dba Eagle Painting-2022-2023 Attachment Renewal Interest Letter-All Counties Painting LLC-2022-2023 Page 530 of 768 REQUESTING DEPARTMENT: Public Works DEPARTMENT CONTACT: Gail Mootz TERM: July 3, 2022 thru July 2, 2023 SOURCE FOR PURCHASE: BID No. 013-2511-19/IT— Citywide Painting Services Pre-Qualified Pool ACCOUNT NUMBER: Multiple Accounts VENDOR(S): J& J, Inc, dba Eagle Painting;All Counties Painting, LLC ANNUAL ESTIMATED EXPENDITURE: $250,000 DESCRIPTION: On July 2, 2019, City Commission approved the Bid award for "Citywide Painting Services Pre-Qualified Pool' to the two most qualified companies. The Contract allows for three (3) additional one-year renewal option with the same terms, conditions and pricing. The will be the 2nd renewal which will allow the City to continue to complete painting projects in a timely manner with professional and experienced painting companies. All Counties Painting, LLC and J & J, Inc. dba Eagle Painting have agreed to renew this bid with the same terms, conditions and pricing for an additional one-year term. 3 6.A. CONSENTAGENDA 7/2/2019 CITY OF BOYNTON BEACH "• ` : AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/2/2019 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for"CITYWIDE PAINTING SERVICES-PRE-QUALIFIED POOL"Bid#013- 2511-19/IT to the following two(2)companies:All Counties Painting and J&J Eagle Painting as the lowest,most responsive,responsible bidder who met all specifications for a rotational basis on individual projects not to exceed$100,000. EXPLANATION OF REQUEST: Contract Term: July 3,2019 thru July 2,2021 The City is seeking vendors to provide all materials,supplies,supervision and labor necessary for painting exterior and interior of City buildings and related surfaces.The intent is to establish a pool of vendors on an indefinite quantity contract to be utilized on an"as needed per job"basis. Painting substrates include steel,plaster, metal, brick,aluminum,wood,gypsum board,galvanized metal,concrete,fiberglass,EFIS,or cinder block. On April 22,2019 Procurement Services opened and tabulated seven(7)bids for Citywide Painting Services-Pre-Qualified Pool. Five(5)of the submittals were deemed non-responsive due to no addendums submitted,not enough experience and the proper licenses not being obtained.The remaining two(2)bids were reviewed by Facilities. It was determined to recommend this award to the remaining two(2)companies on a rotational basis. The award is as follows: All Counties Painting Awarded Vendor Anzco Non-responsive(Did not submit addendum) Hartzell Non-responsive(Did not submit addendum) ID Painting Less than five years experience Inclan Painting Non-responsive(Did not obtain required licenses) J&J Eagle Awarded Vendor Sun Art Non-responsive(Did not submit addendum) The initial bid term is for two(2)years with three(3),one(1)year renewals at the same terms and conditions subject to vendor acceptance,satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To provide painting services throughout the City's facilities with pre-qualifying contractors to perform the specified work,the City can be assured that experienced general contractors will complete the work as bid. FISCAL IMPACT: Budgeted Individual projects$100,000 and under will be selected on the rotational basis. Individual projects$100,001 and over will be brought to City Commission for consideration of award. ALTERNATIVES: To not award and present agenda items for every project that is over$25,000 for commission approval. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 532 of 768 is tins a grant-! Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet Responsiveness D Addendum Tabulation Sheet Price Page 533 of 768 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue �1 Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 May 16, 2022 Mr. George Terwilliger All Counties Painting, LLC 4341 SW 73 Terrace Davie, FL 33314 VIA EMAIL TRANSMITTAL TO: h2opressure(@,bellsouth.net BID: CITYWIDE PAINTNG SERVICES— PRE-QUALIFIED POOL BID No.: 013-2511-19/IT CURRENT AGREEMENT TERM: JULY 3, 2021 THROUGH JULY 2, 2022 Dear Mr. Terwilliger: The current agreement term for"Citywide Painting Services" expires July 2, 2022. The contract documents allow for three (3) additional one-year extensions. The City of Boynton Beach would like to renew this contract for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to prattt&bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Mara Frederiksen Director of Financial Services Cc: Gail Mootz, Manager, Infrastructure Maintenance Adrianna Greco-Arencibia, Assistant to PW Director tp America's Gateway to the Gulf Stream Page 534 of 768 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue �1 Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 May 16, 2022 BID: CITYWIDE PAINTNG SERVICES— PRE-QUALIFIED POOL BID No.: 013-2511-19/IT Agreement between the CITY OF BOYNTON BEACH and All Counties Painting, LLC. AGREEMENT RENEWAL TERM: JULY 3, 2022—JULY 2, 2023 x Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) ALL COUNTIES PAINTING, LLC NAME OF COMPANY SIGNATURE George Terwilliger Vice-President NAME OF REPRESENTATIVE TITLE (please print) 05/19/2022 954-445-8033 DATE (AREA CODE)TELEPHONE NUMBER h2opressure@bellsouth.net E-MAIL America's Gateway to the Gulf Stream Page 535 of 768 7.B. Consent Bids and Purchases Over $100,000 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-043-Approve and authorize the City Manager to sign a piggy-back agreement utilizing the Broward County School Board bid for Storm Sewer & Sewer Main Cleaning & Repairs (FY 20-210) with Shenandoah General Construction LLC. of Pompano Beach , FL and authorize the City Manager to issue a purchase order for work that includes, but not limited to, cleaning and video recording sanitary sewer mains throughout the Utilities service area for condition assessment of the sanitary sewer gravity system, in the amount of$100,000.00. Explanation of Request: The Utilities Department is responsible for over 1.5 million linear feet of sanitary sewer gravity main. The primary components of any asset management program include the identification, location, and condition of assets. Condition assessment provides the critical information needed to assess the physical condition and functionality of a wastewater collection system, and to estimate remaining service life and asset value. Observations from pipe cleaning have been a primary source of condition assessment information for maintenance optimization and a secondary source for capacity and structural decisions. Current methods of gravity pipeline inspection use sophisticated CCTV equipment with high-definition digital capabilities. Following data analysis, condition assessment information is used to make estimates of a pipe's remaining useful life and its long-term performance, and to make decisions about pipe rehabilitation, pipe replacement and/or further inspections. The Broward County School Board contract period is from June 18, 2020 to May 31, 2023 with the ability to extend the contract by two (2) additional one (1) year renewals thereafter providing all terms and conditions remain the same. How will this affect city programs or services? The approval of this piggyback contract will allow City staff to issue a purchase order, based on the unit costs provided by the Broward County School Board contract for storm sewer and sewer main cleaning and repairs bid (ITB# FY20-210) with Shenandoah General Construction LLC, to perform sanitary sewer main cleaning and CCTV inspection. The condition assessment will assist in determining project drivers and goals and which asset classes of pipelines warrant the most attention. Fiscal Impact: Budgeted CI P Renewal and Replacement Account number: 403-5000-535-65.04 Project: To be Assigned Alternatives: Issuing a bid for these services, which may result in higher cost of items previously bid. In this case, the City benefits from bid pricing secured by a governmental agency offering a larger scope of work. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Page 536 of 768 Strategic Plan Application: Having reliable conditions assessment data will allow utility to make infrastructure repair and replacement decisions in a timely manner and based on the actual pipe condition. This in turn reduces the likelihood of failure and sewer overflows that can be a risk to public health and safety. Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type Description Resolution approving piggy-back agreement and D Resolution purchase order for storm drain cleaning with Shenandoah D Agreement Piggyback Agreement D Other Certificate of Insurance D Letter Renewal Letter D Other Contract Award Details D Piggy-Back Bid Submittal D Bid Invitation to Bid Page 537 of 768 1 RESOLUTION NO. R23-043 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING 5 AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY-BACK 6 AGREEMENT UTILIZING THE BROWARD COUNTY SCHOOL BOARD BID 7 FOR STORM SEWER & SEWER MAIN CLEANING & REPAIRS (FY 20-210) 8 WITH SHENANDOAH GENERAL CONSTRUCTION LLC. OF POMPANO 9 BEACH, FL AND AUTHORIZE THE CITY MANAGER TO ISSUE A PURCHASE 10 ORDER FOR WORK THAT INCLUDES, BUT NOT LIMITED TO, CLEANING 11 AND VIDEO RECORDING SANITARY SEWER MAINS THROUGHOUT THE 12 UTILITIES SERVICE AREA FOR CONDITION ASSESSMENT OF THE 13 SANITARY SEWER GRAVITY SYSTEM, IN THE AMOUNT OF $100,000.00; 14 AND PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, the City Utilities Department is responsible for over 1.5 million linear feet of 18 sanitary sewer gravity main; and 19 WHEREAS, condition assessment provides the critical information needed to assess the 20 physical condition and functionality of a wastewater collection system, and to estimate 21 remaining service life and asset value; and 22 WHEREAS, current methods of gravity pipeline inspection use sophisticated CCTV 23 equipment with high-definition digital capabilities; and 24 WHEREAS, the approval of this piggyback contract will allow City staff to issue a 25 purchase order, based on the unit costs provided by the Broward County School Board contract 26 for storm sewer and sewer main cleaning and repairs bid (ITB# FY20-210) with Shenandoah 27 General Construction LLC, to perform sanitary sewer main cleaning and CCTV inspection; and 28 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 29 the best interests of the citizens and residents of the City of Boynton to approve and authorize 30 the City Manager to sign a Piggy-back Agreement utilizing the Broward County School Board 31 bid for Storm Sewer & Sewer Main Cleaning & Repairs (FY 20-210) with Shenandoah General 32 Construction LLC. of Pompano Beach , FL and authorize the City Manager to issue a purchase 33 order for work that includes, but not limited to, cleaning and video recording sanitary sewer 34 mains throughout the Utilities service area for condition assessment of the sanitary sewer gravity 35 S:ACA\RESO\Agreements\Piggy-Back Agmts With Shenandoah For Storm Drain Cleaning -Reso.Docx Page 538 of 768 system, in the amount of $100,000.00. 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 37 BOYNTON BEACH, FLORIDA, THAT: 38 39 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption 41 hereof. 42 Section 2. The City Commission hereby approves and authorizes the City Manager 43 to sign a Piggy-back Agreement utilizing the Broward County School Board bid for Storm Sewer 44 & Sewer Main Cleaning & Repairs (FY 20-210) with Shenandoah General Construction LLC. of 45 Pompano Beach , FL and authorize the City Manager to issue a purchase order for work that 46 includes, but not limited to, cleaning and video recording sanitary sewer mains throughout the 47 Utilities service area for condition assessment of the sanitary sewer gravity system, in the amount 48 of$100,000.00. A copy of the Piggy-back Agreement is attached hereto and incorporated herein 49 by reference as Exhibit "A". 50 Section 3. This Resolution shall become effective immediately upon passage. 51 PASSED AND ADOPTED this 4th day of April, 2023. 52 CITY OF BOYNTON BEACH, FLORIDA 53 54 55 56 57 58 59 60 61 S:ACA\RESO\Agreements\Piggy-Back Agmts With Shenandoah For Storm Drain Cleaning -Reso.Docx Page 539 of 768 YES NO Mayor—Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner— Thomas Turkin Commissioner— Aimee Kelley VOTE 62 ATTEST: 63 64 65 66 Maylee De Jes6s, MPA, MMC Ty Penserga 67 City Clerk Mayor 68 69 APPROVED AS TO FORM: 70 (Corporate Seal) 71 72 Michael D. Cirullo, Jr. 73 City Attorney S:ACA\RESO\Agreements\Piggy-Back Agmts With Shenandoah For Storm Drain Cleaning -Reso.Docx Page 540 of 768 a AGREEMENT FOR PURCHASING Storm Sewer & Sewer Main Cleaning & Repairs This Agreement is made as of this 27 day of March 2023 by and between Shenandoah General Construction LLC with a principal address 1888 NW 22nd Street, Pompano Beach and THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City". RECITALS WHEREAS, in order to maintain Storm Sewer & Sewer Main Cleaning & Repairs to the public, the City's Utilities is requesting the City enter into an Agreement with Shenandoah General Construction LLC to provide Storm Sewer & Sewer Main Cleaning; and WHEREAS, the City as a member of Shenandoah General Construction LLC has agreed to allow the City to piggyback the Broward County School Board Agreement pursuant to Contract No. FY20-210_to provide Storm Sewer & Sewer Main Cleaning & Repairs for a 3-year term commencing June 18, 2020 with Two 1-year periods optional renewals; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Shenandoah General Construction LLC agree that Shenandoah General Construction LLC shall provide Storm Sewer& Sewer Main Cleaning&Repairs based upon the Broward County School Board Agreement pursuant to Contract No. FY20-210 for a 1- year term commencing 04/4/2023, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the Broward County School Board Agreement pursuant to Contract No. FY20-210 shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: 100533394.1 306-90018211 Piggyback Contract-(CONTRACTOR'SNAME) 1 Page 541 of 768 City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010 /Facsimile: (561) 742-6090 Copy: Michael D. Cirullo, Jr., City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954)771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: TAX EXEMPT.Prices applicable to CITY do not include applicable state and local sales,use and related taxes. The CITY is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request CITY will provide VENDOR with proof of tax-exempt status. SOVEREIGN IMMUNITY. Nothing contained in Agreement nor contained herein shall be considered nor construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended. BINDING AUTHORITY. Each person signing this Addendum on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Addendum. ATTORNEY'S FEES.In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall 100533394.1 306-90018211 Piggyback Contract-(CONTRACTOR'SNAME) 2 Page 542 of 768 destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityCIerk@bbfl.us SCRUTINIZED COMPANIES - 287.135 AND 215.473. By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. E-VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 1. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other 100533394.1 306-90018211 Piggyback Contract—(CONTRACTOR'SNAME) 3 Page 543 of 768 remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify System" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 100533394.1 306-90018211 Piggyback Contract—(CONTRACTOR'SNAME) 4 Page 544 of 768 EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. TERMINATION FOR CAUSE. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Vendor of written notice of such neglect or failure. INDEMNIFICATION. Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders,judgements, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable including appellate proceedings, and shall pay all costs,judgements, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of Agreement. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Contractor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this 100533394.1 306-90018211 Piggyback Contract-(CONTRACTOR'sNAME) 5 Page 545 of 768 Addendum by the Parties shall be legally binding,valid and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. COMPLIANCE WITH LAWS. Vendor hereby warrants and agrees, that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non- compliance may constitute a material breach of the Agreement. ASSIGNMENT. In the event Agreement, and any interests granted herein shall be assigned, transferred,or otherwise encumbered,under any circumstances by Vendor,Vendor must gain prior written consent from City thirty (30) days before such transfer. For purposes of Agreement, any change of ownership of Company shall constitute an assignment which requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger or sale of substantially all of its assets related to this Agreement within thirty (30) days of such event. AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. Section 1. Entire Agreement. The Agreement and this Addendum, and any subsequent amendments or purchase orders signed by the Parties hereto shall constitute the entire understanding of the Parties. Section 2. Severability. If any provision of this Addendum or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Addendum, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 3. In the event that the Shenandoah General Construction LLC agreement with the Broward County School Board is amended, or terminated, Shenandoah General Construction LLC shall notify the City within ten (10) days. In the event the Shenandoah General Construction LLC agreement with the Broward County School Board amended or terminated prior to its expiration,this Contract shall remain in full force and effect, and not be deemed amended or terminated until specifically amended or terminated by the parties hereto. Section 4. Shenandoah General Construction LLC agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees,charges, or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. 100533394.1 306-90018211 Piggyback Contract-(CONTRACTOR'SNAME) 6 Page 546 of 768 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Shenandoah General Construction LLC with the Broward County School Board agreement are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. Signature Page to follow 100533394.1 306-90018211 Piggyback Contract-(CONTRACTOR'SNAME) 7 Page 547 of 768 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA Shenandoah General Construction LLC Daniel Dugger, City Manager (Signature), Company Print Name of Authorized Official Title Approved as to Form: Michael D. Cirullo, Jr., City Attorney (Corporate Seal) Attest/Authenticated: Attested/Authenticated: (Signature), Witness City Clerk Print Name 100533394.1 306-90018211 Piggyback Contract-(CONTRACTOR'SNAME) 8 Page 548 of 768 EXHIBIT A AGREEMENT BETWEEN THE Broward County School Board AND Shenandoah General Construction LLC 100533394.1 306-90018211 Piggyback Contract-(CONTRACTOR'SNAME) 9 Page 549 of 768 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 1/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Baldwin Krystyn Sherman PHONEFAX 4211 W. Boy Scout Blvd. A/c No Ext): 813-984-3200 A/c,Noy 813-984-3201 Suite 800 E-MAIL DD SS: certificates@bks-partners.com Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Sirius International Insurance INSURED 1SHENCON INSURER B: The Continental Insurance Co 35289 Shenandoah General Construction, LLC 1888 NW 22nd St INsuRERc: Valley Forge Insurance Company 20508 Pompano Beach FL 33069 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1203806088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD/YYY MWDD/YYY B X COMMERCIAL GENERAL LIABILITY Y 7036537722 1/31/2023 1/31/2024 EACH OCCURRENCE $1,000,000 DAMAGE S( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) ccurrence) $500,000 X 2,000 PD MED EXP(Any one person) $15,000 X Contractual Liab PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY� ECT 1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 7036537705 1/31/2023 1/31/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LAB X OCCUR 7036537719 1/31/2023 1/31/2024 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ C WORKERS COMPENSATION 7036534433 1/31/2023 1/31/2024 X PEROTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution Liability CPLS00022211 1/31/2023 1/31/2024 Each Incident 1,000,000 Occurrence Aggregate 2,000,000 SIR 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of Boynton Beach is an additional insured with respect to General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach 100 East Boynton Beach Blvd XORIZ4EDREPRE Boynton Beach FL 33435 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 550 of 768 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. 0 III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide ti such additional insured with: ti a A. coverage broader than required by the written contract; or a B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7036537722 Page 1 of 2 Endorsement No: 18 The Continental Insurance Co. Effective Date: 01/31/2023 Insured Name: SHENANDOAH GENERAL CONSTRUCTION, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 551 Of 768 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 7036537722 Page 2 of 2 Endorsement No: 18 The Continental Insurance Co. Effective Date: 01/31/2023 Insured Name: SHENANDOAH GENERAL CONSTRUCTION, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 552 of 768 ROW ARD County Public Schools The School Board of Procurement &Warehousing Services Broward County,Florida Mary C. Coker, Director Lori Alhadeff,Chair 7720 W. Oakland Park Boulevard Debra Hixon,Vice Chair Sunrise, Florida 33351 Daniel P.Foganholi phone: 754-321-0505 • fax: 754-321-0936 Torey Alston Brenda Fam,Esq. mary.cokerC browardschools.corn Dr.Jeff Holness www.browardschools.com/PWS Sarah Leonardi Nora Rupert 1/30/23 Dr.Allen Zeman Shenandoah General Construction LLC Dr.Vickie L.Cartwright Attn: Daniel Dimura Superintendent of Schools 1888 NW 22ND ST POMPANO BEACH, FL 33069-1318 Subject: Letter of Renewal of The Contract ITB #: FY20-210 ITB Title: Storm Sewer& Sewer Main Cleaning & Repairs Dear Daniel Dimura: The above-referenced contract expires on 5/31/2023. In accordance with Section 4, Special Conditions—Contract Term of the ITB, this contract may, by mutual agreement and upon School Board approval, be renewed for an additional year from 6/1/2023 Through 5/31/2024. This letter does not constitute the actual renewal or contract offer. Please indicate below your willingness to renew this ITB award, which shall be considered by the School District for renewal of your award premised upon your combined agreement to all terms and conditions of the awarded ITB and your agreement to maintain (or reduce)the current awarded price(s)/discount. 2 Yes, I offer to renew the current contract award at the current awarded price(s). ❑ Yes, I offer to renew the current contract award at the lower price(s)contained on the attached page(s). ❑ No, I do not wish to renew the current contract award. ❑ Other For informational purposes,when going to our Board for approval of this renewal, if this is not renewed and SBBC goes out for a new ITB please indicate below whether your price/discount would remain the same, be lowered, or increase? ® If this ITB is not renewed, price/discount in the new ITB would stay the same ❑ If this ITB is not renewed, price/discount in the new ITB would be lower ❑ If this ITB is not renewed, price/discount in the new ITB would be higher If you indicated that there would be a pricing increase in a new ITB, please indicate the percentage that the price(s)would be increased by in comparison to our current ITB FY20-210 Percent of increase: Insert f Number ber Here Please sign and date this document in the space provided and return it to my attention no later than 2/06/2023. If you fail to respond by this date,the School District will not consider renewal of your award.The School District will notify you if, and when,your contract is renewed by the School Board. Thank you for your prompt attention to this matter. Sincerely, ----------------------------------------- ENDOR RESPONSE Purchasing Agent III Adriana Rodriguez Signature/Date-Authorized Representative Daniel DiMura, President 3 Printed Name-Authorized Representative Educating Today's Students to Succeed in Tomorrow's World Broward County Public Schools is an EqualOpportunity Employer Page 553 of 768 PROCUREMENT & WAREHOUSING SERVICES ,....... 7720 WEST OAKLAND PARK BOULEVARD,SUITE 323, SUNRISE, FL 33351 • PH: 754-321-0505 EMAIL: Purchasing HelpDeskflBrowardSchools.corn www.BrowardSchools.com/PWS CONTRACT AWARD DETAILS Contract Number: FY20-210 (Previous Contract Number: 15-106C) Contract Title: Storm Sewer& Sewer Main Cleaning & Repairs Bid Type: Invitation to Bid (ITB) Commodity: GSE (Grounds/ Structure EXTERIOR) Material Group: Environmental Services Contract Value: $970,100 Contract Start Date: June 18, 2020 Contract Expiration Date: May 31, 2023 Renewal Options: Two 1-Year Periods Broward County School Board Point of Contact Information: Procurement Department For contract, pricing, fulfillment, quality concerns For purchase order processing, requisition, or questions email: purchase order status questions or concerns email: Edgar Lugo Juan Perez Edaar.luaoabrowardschools.com Juan.pereZgLL( wardschools.com 754-321-0508 754-321-0513 End User Name&Address Point of Contact Alison Witoshynsky Environmental Health & Safety Department Coordinator, Environmental Compliance 4200 NW 10th Avenue 754-321-4204 Oakland Park, Florida 33309 Alison.witoshynskly�a7browardschools.com Background: The School Board of Broward County, Florida (hereinafter referred to as"SBBC")desires bids on STORM SEWER& SEWER MAIN CLEANING AND REPAIRS as specified herein. The scope of requirements includes, but is not limited to, storm sewer and sewer main cleaning, grouting and providing video documentation showing completed work. The awardee will receive individual purchase orders. SBBC locations may issue open (blanket) Purchase Orders as required. Receipt of open orders does not authorize the release or shipment of any goods or service. For all open orders, items will be ordered on an as needed basis through the use of an order form. Shipments received as a result of an open order, where an order form has not been released, will not be accepted and no cost shall be incurred by SBBC as a result. Method of Award (MOA): In order to meet the needs of SBBC, each GROUP, as indicated on the Bid Summary Sheet, shall be awarded up to the three lowest responsive and responsible Bidders meeting specifications, terms, and conditions. The lowest Awardee for an item or group shall be considered the primary vendor and should receive the largest volume of work This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request. Rev. 06/2019 PROpgfY4 of 768 PROCUREMENT & WAREHOUSING SERVICES ,....... 7720 WEST OAKLAND PARK BOULEVARD,SUITE 323, SUNRISE, FL 33351 • PH: 754-321-0505 EMAIL: Purchasing HelpDeskflBrowardSchools.corn www.BrowardSchools.com/PWS Awarded Vendor and Contract Pricing Awarded Vendors Information Items Awarded Contracted Pricing Shenandoah General Construction LLC Attn: Daniel Dimura/Margaret Lary 1888 NW 22 Street See attached Recommendation Pompano Beach, FL 33069 Group 1 - Primary Tabulation Phone: 954-975-0098 Email:m.lary@shenandoahus.com All Liquid Environmental Services LLC dba Johnson Environmental Services Attn: Al Panzarella 4600 Powerline Road Group 1 - 1 st Alternate See attached Recommendation Fort Lauderdale, FL 33309 Tabulation Phone: 954-776-5931 Email: alpanz@johnsones.com National Water Main Cleaning Company Attn: Salvatore Ferri 1806 Newark Turnpike See attached Recommendation Kearny, NJ 07032 Group 1 -2nd Alternate Tabulation Phone: 973-483-3200 Email: bidreg@nwmcc.com Delivery Requirements As per Section 6- Bid specifications of the ITB Contract Addendum and Contract Change Log The primary purpose of the log is to record/track each procurement action from the date of initial award (this includes amendments, modifications, addition/deletion of award items, transfer of funds between agreements, contract modifications, contract renewals, pre-qualification and/or MWBE certification of vendors, vendor information changes, etc. This log eliminates the requirement to issue separate award sheet addendum. The following amendments/changes have been implemented subsequent to the award of this contract. Event No Date Issued Description Purchasing Agent Additional spending authority of$810,000 approved. 1 12/15/2020 This increase will take the spending authority from Edgar Lugo $160,100 to $970,100. -vent #j Date PA 1\11ame Event #j Date PA 1\11ame ewe' .#j Date PA I!arre This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request. Rev. 06/2019 PRog(gfY5 of 768 Procurement & Warehousing Services. viv Broward County Public Schools ITB#: FY20-210 Tentative Board Meeting Date*: 5/19/2020 ITB Title: Storm Sewer&Sewer Main Cleaning&Repairs #Notified: 1224 #Downloaded: 27 #of Responses Rec'd: 5 #of"No Bids": 0 For: Environmental Health&Safety RFP Opening Date: 3/5/2020 (School/Department) Fund: Department Operating Budget Advertised Date: 2/11/2020 POSTING OF Select One RECOMMENDATION/TABULATION:Select One Recommendations and Tabulations will be posted in the Procurement &Warehousing Services and www.Demandstar.com on March 12,2020 (a.3:00 pm and will remain posted for 72 hours. Any person who is adversely affected by the decision or intended decision shall file a notice of protest,in writing,within 72 hours after the posting of the notice of decision or intended decision. The formal written protest shall be filed within ten(10)days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. Section 120.57(3)(b),Florida Statutes,states that"The formal written protest shall state with particularity the facts and law upon which the protest is based."Saturdays,Sundays,state holidays and days during which the District is closed shall be excluded in the computation of the 72-hour time period provided. Filings shall be at the office of the Director of Procurement&Warehousing Services,7720 West Oakland Park Boulevard,Suite 323,Sunrise,Florida 33351.Any person who files an action protesting an intended decision shall post with the School Board,at the time of filing the formal written protest,a bond,payable to The School Board of Broward County,Florida,(SBBC),in an amount equal to one percent(1%)of the estimated value of the contract.Failure to post the bond required by SBBC Policy 3320,Part VIII,Purchasing Policies,Section N,within the time allowed for filing a bond shall constitute a waiver of the right to protest. (*)The Cone of Silence,as stated in the ITB/RFP/RFQ/HARD BID,is in effect until it is approved by SBBC. The Board meeting date stated above is tentative. Confirm with the Purchasing Agent of record for the actual date the Cone of Silence has concluded. RECOMMENDATION TABULATION VENDOR NAME(S) GROUP(S)AWARDED SHENANDOAH GENERAL CONSTRUCTION LLC GROUP 1—PRIMARY ALL LIQUID ENVIRONMENTAL SERVICES,LLC DBA JOHNSON ENVIRONMENTAL SERVICES GROUP 1—1sT ALTERNATE NATIONAL WATER MAIN CLEANING COMPANY GROUP 1—2ND ALTERNATE IT IS RECOMMENDED THAT THE AWARD BE MADE TO THE ABOVE LOW BIDDER MEETING THE SPECIFICATION, TERMS AND CONDITIONS. CONTRACT PERIOD: JUNE 18,2020 THROUGH MAY 31,2023 By E-0(�ft2 LU(CO Date: 3/12/2020 (Purchasing Agent) The School Board of Broward County,Florida,prohibits any policy or procedure which results in discrimination on the basis of age,color,disability,gender expression, national origin,marital status,race,religion,sex or sexual orientation. Individuals who wish to file a discrimination complaint,may call the Executive Director,Benefits&EEO Compliance at 754-321-2150 or Teletype Machine(TTI)at 754-321-2158. Individuals with disabilities requesting accommodations under the Americans with Disabilities Act(ADA)may call the Equal Educational Opportunities (EEO)at 754-321-2150 or Teletype Machine(TTI)at 754-321-2158. 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Loo Q Q Q Q v7 N K U ami O 9 0 s a5 �j w f4 Q c C- c C- c N -CL CL � io p a3 4? aEi ami Q U ami c p F d o d o d o N co bo a) a5 a`2 W U a5 o '� v v cc s a� a w p ._ -6 ._ -6 > i Q a) t .. W .c -a c o '— Q-'c o 0 0 0 N o o w � -o '0 � N � W W o v o v o v _ > .— a5 o a� o a5 }; LL Q LL Q LL Q co m E (D (D (7 C7 = C) C) a co m (n (n C7 LL J c Y w Q O N O O N M V m O r of O O N M V LO O r of M O N Q Q U C Q N Cr) M M M M M M M M M V V V V V V V V V V LO LO E y W W N it m LL N O Z V m a The School Board of Broward County, Florida PROCUREMENT AND WAREHOUSING SERVICES INVIT ATIOM TO BID 7720 West Oakland Park Boulevard, Suite 323 Suise, Florida 33351-6704 754-321-0505 (ITB) DUE DATE: Bids due on or before 2:00 p.m, Eastern Time ITB NO.: RELEASE DATE: PURCHASING AGENT: (ET)at Procurement&Warehousing Services: FY20-21 0 211112020 Edgar Lugo 3/512020 754-321-0508 Check Addenda for any revised opening dates before submitting BID TITLE: your bid.Bid(s)received,after the date and time stated above, shall not be considered for award. Faxed bids are not allowed and will not be considered for award. STORM SEWER&SEWER MAIN CLEANING & REPAIRS SECTION 1—Bidder Acknowledgement IN ACCORDANCE WITH GENERAL CONDITION 1,THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY INCLUDING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE WHERE INDICATED BELOW AND SUBMITTED WITH THE BID. FAILURE TO PROVIDE THIS DOCUMENT,WITH THE 811),WILL RESULT IN BID BEING CONSIDERED NON- RESPONSIVE. Bidder's Name and state"Doing Business As",where applicable: "REMIT TO" ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed to address other than as stated on the left,please complete the section below, El Shenandoah General Construction LLC Check this box if the address is the same as stated on the left, Address: 1888 NW 22 Street P.O.Address: City: Pompano Beach State: FL Zip Code: 33069 City: Telephone Number: 954-975-0098 State: Zip Code: Toll-Free Number: Contact: Fax Number: 954-975-9718 Telephone Number. E-Mail Address of Authorized Representative: Toll-Free Number: RrargaltraettivLeary@shenandoahconstruction,com I E-mail Address to Send Purchase Orders: Fax Number: Margaret.Lary@shenandoahconstruction.com Federal Tax Identification Number:59-1707673 I hereby certify that I am submitting the following information as my firm's(Bidder)bid and am authorized by Bidder to do so.Bidder agrees to complete,and unconditional acceptance of the contents of all pages in this Invitation To Bid(ITB),and all appendices and the contents of any Signature of Authorized Representative(Manua{} Addenda released hereto;Bidder agrees to be bound to all specifications,terms,and conditions contained in the ITB, and any released Addenda and understand that the following are requirements of this ITB and failure to comply will result in disqualification of bid submitted; Daniel Dimura Bidderhas not divulged,discussed,or compared the bid with other Bidders and has not colluded Name of Authorized Representative(Typed or Printed) with any other Bidder or party to any other bid; Bidder,its principals,or their lobbyists has not offered campaign contributions to School Board Members oroffer contributions to School Board Vice President Members for campaigns of other candidates for polifical office during the period in which the Bidder is attempting to sell goods or services to the School Board.This period of limitation of Title offering campaign contributions shall commence at ft time of the'cone of silence"period for any solicitation for a competitive procurement as described by School Board Policy 3320,Part 11, Section GG as well as School Board Policy 1007, Section 5.4—Campaign Contribution Fundraising. Bidder acknowledges that all information contained herein is part of the public record as defined by the State of Florida Sunshine and Public Records Laws;all responses, data,and information contained in this bid are true and accurate. agree that this bid cannot be withdrawn within 90 days from date due. SECTION 2—Submittal Requirements SUBMITTAL REQUIREMENTS: In order to assure that your bid is in compliance with bid requirements,please verity that the submittals indicated by the[E]below have been submitted. 0 Underground Utility contractor D S/MMBE Participation Schedule El Statement of Intent to Perform as license.Section 4,Special Condition M Bid Summary Shoot A (Exhibit A) an S/M1WBE Subcontractor(Exhibit B) 9. 0 Drug free workplkace form M References ED Conflict of Interest Form M Certificate of Debarment Section 7,Attachment 2 Section 7,Attachment 6;Section 4, Section 7,Attachment 1 General Condition 45 Special Condition 93 Note: If your firm wishes to not submit a bid in response to the ITB,please complete and return,via mail or fax,the Statement of No Bid attached as the lastpag:e:R(thisITB. Form 3270D Broward County Public Schools Is An Equal Opportunity]Equal Access Employer REVISED 10126/2016 Page 1 Page 561 of 768 Q m oo o C (D C�) C> CD C> CD CD CD:CD c> CD 1`r 4? 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C� ,CJ C° .C7 —� � '� � � €Y1 (U L I ; N MI-ct; Ln 48 t•�• GO m C3 r N,M d"j;FJ to ti co co o r N CO) ul' to m f N N N,N N N ..... 0- CA Page 563 of 768 C. a .Q © ca CD a d, c> o o ci ua LO � CD CF) � `M c�^ `LO Ln ice' f� r Ln o ,�ci�o © L U') L =It5 CD f M LO in 't r� � t� G 4 0' WI� uj m � U aca 'a) u' u711 CV LL j (f i I I I (t I i Vt E Q1 a. 's CLn �. Z3 Q tl QHS O [� if (19 E Nt �8 E _Q- M101 CL Ips ' ' C to ' cu E o coo0 cu u L] U) C!3 ' LL -9 E C CN:: °l t tA m Page 564 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No.FY20-210 The School Board of Broward County,Florida Page 35 of 44 Pages ATTACHMENT 1 DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP In accordance with General Condition 11,each Bidder must disclose in its Bid, the names of any employees who are employed by Bidder who are also an employee of SBBC. Persons identified below may have obligations and restrictions applicable to them under Chapter 112, Florida Statutes. Name of Bidder's Employee SBBC Title or Position of Bidder's SBBC Department/School of Employee Bidder's Employee Check one of the following and sign: FK] I hereby affirm that there are no known persons employed by Bidder who are also an employee of SBBC, R I here�y,,affirm that all known persons who are employed by Bidder who are also an employee of SBBC have Y� been \ identified above. (", \ Shenandoah General Construction LLC Signature Company Name Daniel DiMura, Vice Presient 03/28/13 REVISED 618/17 Broward County Public Schools Is An Equal Oppodunily/Equal Access Employer Page 35 Page 565 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No.FY28-21O The School Board of8roward County,Florida Page 3Gof 44 Pages ATTACHMENT DRUG FREE WORKPLACE THE SCHOOL BOARD OF8ROVVARD COUNTY, FLORIDA SWORN STATEMENT PURSUANT TOSECTION 287.087.FLORIDA STATUTES,A8CWRRENTLYENACTEDDRAGAMENDED FROM TIME TO TIME,ON PREFERENCE TO BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAMS. THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TOADMINISTER OATHS. This sworn statement is submitted to The School Board of Broward County,Florida, by Daniel QiMVra' Vice President (Print individual's name and title) for Shenandoah General Construction LLC (Print name ufentity submitting sworn statement) whose business address iu 1888NVV22 Street, Pompano Beach, FL 33088 and(if applicable)its Federal Employer Identification Number(FEIN)is 59-1707073 (|( the entity has no FEIN, include the 9uo|u| Security Number of the individual signing this sworn statement: ) I certify that I have established a drug-free workplace program and have complied with the following: 1. Published mstatement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the odUonm that mhmU| be taken against employees for violations of such prohibition. 2. Informed employees about the dangers of drug abuse in the workplace,the business'policy of maintaining edrug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Given each employee engaged iaproviding the commodities or contractual services that are underbid a copy of the statement specified insubsection(1). 4. In the statement specified in subsection(1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee shall abide by the terms of the statement and shall notify the employer mfany conviction of, or plea of guilty or nolo contenclere to,any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five days after such conviction. 5. Shall impose a sanction on, or require the satisfactory participation in m drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is so convicted. 8. |ommaking egood faith effort hncontinue tomaintain drug-free kplthrough thimplem�n)[ 1 of this section. 4 March 20 `~g''~`~'~/ Sworn boand subscribed before methis day o( .20— Personally known 20 .Porsomal|yknown X or Produced Identification NdaryPoh||o-Stabnmf Florida (Type ufIdentification) mNNDA7ANGLEUNG Form 94530 Cnmmisoionif GG 133535 (PNnteU.typed,nrutanip8Uuom m|oneUn&mom4pu�public) 3/83 �x�i,uu0ouomke/10.20�1 A �'0 ' uWm/moo"M),omwy*w*m, � REVISED 6/8117 8mnardCounty Public Schools|*AmEqual Opportunity/Equal Access Employer Page 36 Page 566 Of 768 � Form W=9 Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send tothe IRS. Internal Revenue Service lip-Go to www.irs.gov/FormW9 for instructions and the latest information. I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Shenandoah General Construction LLC 2 Business name/disregarded entity name,if different from above co 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to Ufollowing seven boxes, certain entities,not individuals;see CL instructions on page 3): C El individuattsole proprietor or El C Corporation El S Corporation El Partnership F-1 Trust/estate 0 Lo single-member LLC Exempt payee code(if any) CL Limited liability company,Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)10, C 0 Note:Check the appropriate box in the line above for the lax classification of the singte-member owner. Do not check Exemption from FATCA reporting 7� LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is C -me code(if any) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ®' is disregarded from the owner should check the appropriate box for the tax classification of its owner. aUi (4pp1[� U S) Piher(see instructions)11- 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) Cn 1888 NW 22 Street 6 City,state,and ZIP code Pompano Beach,FL 33069 7 List account number(s)here(optional) JIM Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,fora resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later,For other _M entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. I= Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, ua not required to sign the certification,but you must provide your correct TIN,See the instructions for Part 11,later. r Sign Signature o 4 He Date lo- -z"') IV re I U.S.person 11� General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise 9 Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments *Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.9ov1FormW9. *Form 1099-S(proceeds from real estate transactions) Purpose of Form *Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an o Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number -Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption P Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No,10231X Form W-9(Rev.10-2018) Page 567 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No.FY20-210 The School Board ofBmwardCounty,Florida Page 40of44Pages ATTACHMENT 6~~ REFERENCES � The School Board ofB[#VVWyd County, Florida Vendor Shenandoah G*nem|0oos�uoUonL�C � List a minimum number of required references as stated in the Special Conditions which show experience in similar work,to include nature and scope of work,which demonstrates an expertise in providing the services as stated herein.Provide scope of work,contact name,addresses,telephone numbers and dates of service. Reference I— Name mfFirm: School Board»fBmwm'dCounty Contact Person: KexyRidgQo Phone 854'075'3010 Email: Kerry.Ri Date ofService: 2028 Cost m[Service: $255.52&50 Address: 7728VV. Oakland Park Blvd.#323. Sunrise, FL 33351 Scope of Work: 15'iO0C'Storm Sewer&Sewer Main Cleaning&Repairs Clean,Televise, Grout, Repairs ofSanitary Sewer&Storm Drainage Systems Reference 2— Name ofFirm: City»(Delray Beach Contact Person: Britt Spencer Phone#: 501-243'7301 Email: Mitt Date of Service: 5/1/2017to1281/2019 Cost of Service: Address: 434Swinton AveDelray Beach, FL 33444 Scope of Work: Clean,Televise and Repairs Sanitary Sewer Systems Reference 3— Name nfFirm: Village Wellington Contact Person: Bi||�oneAy Phone#: Email: *ou n Date ofService: Cost mfService: Address: 12300Fo Hill 8lvd Wellington, FL 53414 Scope ofWork: ITB OO8158}Z'Annual Infrastructure Inspection, Cleaning&Repair Clean, Te|evimo, C|PPand Repairs to Storm Drainage Systems REVISED 6/8117 Bmward County Public Schools VoAmEqual OppmUmnihxEquu|Access Employ r Page 40 Page 568 Of 768 Document Number 00475 Attachment Procurement & Warehousing Services SMALL/MWOR!"T"Y/WOMEN B USINESS ENTERPMSE Supplier Diversity Outreach Program Browi3rdCounty PubiicSchoWs SUBO'.)NIRACTI-N PA11TICI-PA'TION S(,:HEDUH'.E 03/04/2020 -1011 Contract$I: ITB-FY20-210-0-2020/EF Project Start Date: 06/18/2020 Project Name: Storm Sewer &Sewer Main Cleaning & Repairs Project Location: Various Schools in Broward County Bidder/Proposer: Shenandoah General Construction LLC Address: 1888 NW 22 Street, Pompano Beach, FL 33069 Contact Person: Margaret Lary Email Address: Maegaret.Larv@shenandoahconstruction.com Phone M. 954-975-0098 Type of Business Business Work %of Business Name Business Address $Amount Association Phone If to be Work Performed Prime Bidder/ Shenandoah General 1888 NW 22 street, 954-975-009 All Proposer, Construction LLC Pompano Beach,FL 33069 8 100 % $ Non S/M/WBE % $ Subcontractor S/M/WBE % $ Subcontractor S/M/WBE % Subcontractor S/M/WBE % $ Subcontractor S/M/WBE % $ Subcontractor TOTAL PARTICIPATION%&DOLLAR AMOUNT: 100% $ TOTAL CONTRACT AMOUNT: $ MORE— The listing of S/M/WBE(s) shall constitute a representation by the bidder/proposer to the SBBC that the bidder/proposer believes such S/M/WBE(s) to be technically and financially qualified and available to perform the work described. Bidders/Proposers are advised that they nformation contained herein may be verified.I certify that all information contained in this form is true and accurate to,the best)ofrn�t knowledge. — -- Daniel DiMura, Vice President 03/04/2020 =1 — Bidder/Proposer Signature Name&Title(Print) Date Procurement&Warehousing Services-7720 West Oakland Park Blvd.,Suite 323,Sunrise,FL 33351-(754)321-0505-www.Br a,,vardSc1'-,ao1s,c' ISDOP Small/Minority/Women Business Enterprise Subcontractor Participation SchedlAte Effective July 1,2017 Page I of I Page 569 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No.FY20-210 The School Board of Broward County,Florida Page 44 of 44 Pages THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL EXHIBIT B CERTIFICATION OF DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION LOWER TIER TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants" responsibilities, The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19164-19211). Copies of the regulations maybe obtained by going to this link: htt ;il . o, ov/fds s/ r nuie/ -2011. title45-vol3/CF -2411-tial 45-vo13-sec1183.35 (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON THE NEXT PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Shenandoah General Construction LLC ITB-FY20-210-0-2020/EF Organization Name 1TB Number Daniel DlMura, Vice President Nam d Title(s)of Authorized Representative(s) L March 4, 2020 Signature(s) Gate REVISED 618117 Broward County Public Schools Is An Equal Qpportunity[Equal Access Employer Page 44 Page 570 of 768 t, ` t i tyy;t�i , r +� i. .�"I�.m�k.4!)3hhd 2 s ��{ BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave.: Rm. A-100, Ft. Lauderdale, FL 33301-1895—954-831-4000 VALID OCTOBER 1,2019 THROUGH SEPTEMBER 3o,2020 DBA:SHENANDOAH GENERAL CONSTRUCTION CO Receipt :ALL CHER TYPES CONTRACTOR ; Business Name: Business Type: (UNDERGROUND UTILITY/EXCAVATION) it Owner Name:sTAF IN ZEPARTH Business Opened:09/12/2008 I,1 Business Location: 1888 NW 22 ST State/County/Cert/Reg:CUC1223e21 POMPANO BEACH Exemption Code: i Business Phone:954-973-3060 `?I ' Rooms Seats Employees Machines Professionals 28 For Vending Business Only — ; Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Coilectian Gast Total Paid t` 81.00 0.00 0.00 0.00 0.00 0.00 89.10 r lin l _ l i� THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is ti non-regulatory in nature. You must meet all County and/or Municipality planning W WHEN VALIDATED and zoning requirements.This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location.This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. g Y Mailing Address: 6, STAFFIN ZEBARTH Receipt 402A-18-00008172 1886 NW 22 STREET maid 08/1512019 89.30 POMPANO BEACH, FL #I; 33069-x.318 2019 2020 t Page 571 of 768 Ron DeSants,Governor Halsey Beshears,Secretary bpr a , STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY EXCAVAT)ON CO HEREIN IS CERTIFIED UNDER THE PROVISIQNS4 QF'CHAPTER 489, FLORIDA STATUTES EBiAR 1 H S�A�F� � SH'ENANIJOA,H,; ENERAL CC7NSTRU TI�)N,`I_LC 1888,NW 22 ST POMPANOBEACH,, EL 3306" LICENSE .N0Ml3ER:CUC12213821 EXPIRATION DATE: AUGUST 31,2020 Always verify licenses online at MyFloridaLicense.corn ■ 2 Do not alter this document in any form. . ¢ This is your license. It is unlawful for anyone other than the licensee to use this document. Page 572 of 768 List of Vehicle&Equipment Equp# Description Serial_Number Make ModelYear Tag 1 P101 Ford F250 Super Duty5uperCab IFT7X2A68EEA76858 Ford F250 2014 4612GC 2 8103 Volvo Boiler Truck 4VSKC9UF92N314271 Volvo Truck 2002 N1669V 3 6106 Sterling 1T9500 Boiler 2FZHAZCV97AV53114 Sterling LT95GO 2007 N5995V 4 P109 Chevy W4500 Box Van J813C4J16567009908 Chevy W4500 2006 EJRH87 5 TV340 ARIES TV TRUCK(Equip from TV227) JALC4W166B7006286 ISUZU BOX VAN 2011 KVKM43 6 RF113 Reefer Freightliner 3ALHCYCY7FDGN6519 Freightliner Reefer 2015 N030BY 7 RF114 Reefer Freightliner 3ALHCYCYSGDHA4368 Freightliner Reefer 2016 ND309Y 8 P116 Ford F150 Supercrew 1FTEWICF4HKC65417 Ford F150 2017 CXPY21 9 8117 Kenworth Boiler 1NKZLKOXOJJ187774 Kenworth T880 2018 P4802A 10 P118 F250 Utility 1FD7X2A61HEF23370 Ford F250 2017 DDNZ49 11 P119 GMC Isuzu Crew Truck JAtC4J14437006869 Isuzu 4500 2003 KLYA72 33TRI12 Cros Flatbed Trailer 5MWBE162X35001936 Cros 2003 36241Q 14TR115 Triple Crown Trailer 1XNHSX109GIO63024 Triple Crowns 5x10 2016 23081Q 15 TR121 King American 16x8 5176E162580006032 King American 16x8 2011 313202 16 PI87 FLAT BED WI ATTENUATOR IFDNF8000SVA49518 FORD FLAT BEDIATTENUATOR 1995 HFDP68 17 P230 BOX TRUCK SAGREMOVER IFDXE45P25HA14242 FORD F450 BOX VAN WISAG REMOVER 2005 HFDP65 18 P237 YARD-PICK UP TRUCK IFTNF21LX4EC14348 FORD F250 4X4 XL SUP ERD 2004 HFDP63 19 P261 SOUTH-UTILITY TRUCK 1FDWF37P17EB05393 FORD F350 XL UTILITY TRUCK 2007 EYPG56 20 P273 Norih-YARD-PICK-UP TRUCK 1FTEX1CW6AFD09185 FORD F150 XL EXT CAB 2010 MSK54 21 P274 YARD PICK UP TRUCK IFTNFlCVDAKE28075 FORD F150 XLT STD CAB 2000 Y2518D 22 P2Y5 West-YARD PICK-UP TRUCK IFTMFICWlAKE45326 FORD F160 XL STD CAB 2010 IPLN65 23 P276 YARD-PICK UP TRUCK IFTMF1C80AKA49101 FORD F150 XL STD CAB 2010 IBSK56 24 P293 YARD-PICK UP TRUCK 1FTFXICF1CF6%93 FORD F150 EXT CAB 2012 GGVS37 26 P295 OFFICE TRUCK 1FTFXlEFODKD40266 FORD F160XL 2013 IPXK92 27 P302 OFFICE TRUCK IFTMFICMODKD29828 FORD F1504x2Xt. 2013 CGIP07 28 P305 YARD-PICK UP TRUCK 1 FTBF2B6OBEB58431 FORD F250 XL 4x4 2011 IPXK93 29 P310 DUMP TRUCK 2NPLHZ7XO6M896902 PETERBILT DUMPTRUCK 2006 N7726U 30 P312 Superintendent Truck 1FTFW1CFIlDFD49330 FORD F150 SUPER CREW XLT 2013 CXPY20 31 P318 YARD TRUCK 1FTBF2A68EEB58566 FORD F250 SUPER DUTY SE 2014 CNEK88 32 P319 SOUTH-UTILITY TRUCK IFDXF46R68EA02050 FORD F450 UTILITY 2008 DJTF50 33 P322 YARD-PICK UP TRUCK IFTEXICM5DFC62377 FORD F150 EXT CAB 4 DR 2013 GLY1330 34 P325 YARD-PICK UP TRUCK 1FTEXIEM7EFA8217I FORD F160 4X4 SUPERCAB 2014 EYPG54 35 P328 Superintendent Truck 1FTFWICTODFA35290 FORD F1504x24DrSUPERCREW 2013 DPQT52 37 P334 YARD-PICK UP TRUCK 1FTFWiCT3DFD63B84 FORD F150 4x2 4Dr SUPERCREW 2013 IPXK94 38 P336 YARD-PICK UP TRUCK 1FTFWlEFIEFB50571 FORD F150 4x2 4Dr SUPERCREW 2014 ELVX72 39 P337 YARD-PICK UP TRUCK 1 FTNFICF7EKD21040 FORD F150 XL STD CAB 2014 GLYB29 40 P33B YARD-PICK UP TRUCK I FTNF1CF3EKD47943 FORD F150 XL STD CAB 2014 GLYB28 41 P339 YARD-PICK UP TRUCK 1FTEX1CP2FKE57244 FORD F150 XL SUPERCAB 2015 GLYB26 43 P348 YARD-PICK UP TRUCK 1FTFW1CT3DFC76986 FORD F150 SUPER CREW XLT 2013 GRZB53 44 P364 YARD-PICK UP TRUCK IFTMF1CB8GKE28789 FORD F150 XL STD CAB 2016 398YIJ 45 P365 YARD-PICK UP TRUCK IFTMFlCBOHKD62983 FORD F150 XL STD CAB2017 CKLJ35 47 P370 YARD PICK UP TRUCK IFTEXIC59JKE34535 FORD FI50 4x2 SUPERCAB 2018 IPXK91 48P371 North-YARD-PICK-UP TRUCK 1FTEW1E84HKDO0861 FORD F150 4X4 SUPERCAB 2017 BWAV82 49P379 YARD-CREW FLAT BED 1GB4KYC86GF185985 CHEVY 3500 FLATBED CREW CAB 2016 P2214C 50 P380 YARD-CREW FLAT BED 1GB4KYC86GF182053 CHEVY 3500 FLAT BED CREW CAB 2016 P2216C 51 P381 YARD-CREW FLAT BED 1GB4KYC86FF528566 CHEVY 3500 FLAT BED CREW CAB 2015 P2215C 52 P302 OFFICE TRUCK 3GCPKSE70DG162657 CHEVY SILVERADO PICK UP 4X4 2013 3I3487 53 P386 YARD-PICK UP TRUCK 1 FTMF1C67JKF67718 FORD F150 XL SINGLE CAB 2018 HFDP66 54 P387 OFFICE TRUCK 1FTEWICB9JKE78060 FORD F1504 DOOR 2018 4613GC 55TV210 ARIES TV TRUCK JFDAF68P44ED65872 FORD F569 2004 IPXK94 56 TV216 ARIES TV TRUCK 1FDXE45P45HB30042 ARIES F450 2005 51211Q 57 TV228 ARIES TV TRUCK IFDAF57P36EC89739 ARIES F550 2006 HFDP67 58 TV243 ARIES TV TRUCK 1 FDAF56P56ED91585 ARIES F550 2006 CKAQ95 59 TV268 TV EQUIP FROM TV156 J8DC4B16757005242 GMC ISUZU W4500 2005 508XPY 60TV320 CUES TV TRUCK WDPPF4CC3D9557814 FREIGHTLINER F3CC170 20131 DUXM20 61 TV340 ARIES TV TRUCK(Equip from TV227) JALC4WI66B7D06286 ISUZU BOX VAN 2011 KVKM43 62 TV353 CUESTVTRUCK 1FDUF5GT2BFC38382 FORD F550 2011 911TFD 63 TV359 CUES TV TRUCK JALE5W166G7300851 ISUZU BOX VAN 2056 252NSN 64 TV369 IBAK TV TRUCK IFDXE4FS5GDC16165 FORD E450 BOX TRUCK 2016 JPGP97 65 TV373 CUES TV TRUCK JALE5W1671<7300141 ISUZU BOX VAN 2019 FYPG55 66 TV378 IBAKTV/GROUT TRUCK JALE5WI6957900630 ISUZU BOX VAN 2019 312882 67VAC163 VACCON SEWER CLEANING TRUCK IFDZW86F1WVA40451 FORD TRUCKN1186F 1998 N43350 68 VAC186 VACCON SEWER CLEANING TRUCK 2FZAATAK82AJ50130 VACCON STERLING 2DO2 N3533V 69 VAC189 VACCON SEWER CLEANING TRUCK 2FZAATAK02AK12281 VACCON STERLING 2002 N3619V 70 VAC190 VACCON SEWER CLEANING TRUCK 2FZHATAK42AJ54044 VACCON STERLING 2002 N3620V 71 VAC101 VACCON SEWER CLEANING TRUCK 2FZAATAK32AK14008 VACCON STERLING 2002 N43360 72 VA0199 VACCON SEWER CLEANING TRUCK 2FZHATAK94AL90918 VACCON STERLING 2004 N9648V 73 VAC214 VACCON SEWER CLEANING TRUCK 2F7HATDCX5AU10387 VACCON STERLING 2005 N4333Q 74 VAC222 VACCON SEWER CLEANING TRUCK 2FZAATDC65AN95362 VACCON STERLING 2005 N3500V 75 VAC229 VACCON SEWER CLEANING TRUCK 2FZHATDC07AX15917 VACCON STERLING 2007 N3534V 76 VAC241 VACCON SEWER CLEANING TRUCK 2FZHATDC17AX53527 VACCON STERLING 2007 N3535V 77 VAC259 VACTOR SEWER CLEANING TRUCK 2FZHAlBS09AAJ8098 VACTOR STERLING 2009 N3532V 78 VA0290 VACCON SEWER CLEANING TRUCK iNKBL50X1DJ337429 VACCON KENWORTH 2012 N43340 79 VA0299 VACTOR SEWER CLEANING TRUCK iNKBL54X2DJ337116 VACTOR KENWORTH 2013 N3536V Page 573 of 768 80 VAC301 VACTOR SEWER CLEANING TRUCK INKBL50X2DJ359813 VACTOR KENWORTH 2013 N9649V 81 VAC306 VACTOR SEWER CLEANING TRUCK 1NKBHJSX3FJ408727 VACTOR KENWORTH 2014 N4919T 82 VAC317 VACTOR SEWER CLEANING TRUCK 1NKBLJOX3FJ430612 VACTOR KENWORTH 2015 N3449V 83 VAC321 VACTOR SEWER CLEANING TRUCK INKBLJOX3FJ455512 VACTOR KENWORTH 2015 N7014U 84 VAC329 VACTOR SEWER CLEANING TRUCK 1FVHG3CY3EHFZ1488 VACTOR FRFIGHTLINER 2014 N4267W 85 VAC331 VACTOR SEWER CLEANING TRUCK 1NK01-40MEJ406618 VACTOR KENWORTH 2014 N6790V 86 VA0345 VACTOR SEWER CLEANING TRUCK 1NKDL40X6FJ389188 VACTOR KENWORTH 2014 N7566W 87 VAC351 VACTOR SEWER CLEANING TRUCK 1NKDL40X2EJ406617 VACTOR KENWORTH 20MI N43320 88 VAC355 VACTORSEWERCLEANINGTRUCK 1FVHG5CY3FHGF1150 VACTOR FREIGHTLINER 2015 N9533Y 89 VAC360 VACTOR SEWER CLEANING TRUCK 1NKDL4OX3FJ452099 VACTOR KENWORTH 2015 N9552Y 90 VAC367 VACTOR SEWER CLEAWNG TRUCK 1FVHG3CY2FHGH8599 VACTOR FREIGHTLINER 2015 N4529Z 91 VAC372 VACTOR SEWER CLEANING TRUCK 1FVHG3CYOGHHD7621 VACTOR FRE€GHTLINER 2016 P4846A 92 VAC377 VACTOR SEWER CLEANING TRUCK 1FVHG3CY9GHHD7620 VACTOR FRE€GHTLINER 2016 N23487 93 VAC385 VACTOR SEWER CLEANING TRUCK 1NKZL40XOJJ198446 VACTOR KENWORTH 2018 P2219C 94 AR314 ARROW BOARD 51 11S1016E1002526 Wanco WTSP 2014CXSK56 95AR315 ARROW BOARD 5FIlS1011El003311 Wanco WTSP 2014 5993GC 96 AR316 ARROW BOARD MIS1011E1003312 Wanco WTSP 2014 5994GC 97 AR341 ARROW BOARD 51711S1014F1005068 Wanco WTSP 2015 GDYP58 98 AR346 ARROW BOARD 51711S1011G1005854 Wanco WTSP 2016 Y67KHD 99 AR366 ARROW BOARD 51"1151018H1005514 Wanco WTSP 2017 CXSK57 100 FOP213 BACKHOE P031OSG9f9334 JOHN DEERE BACKHOE 2003 NIA 101 EOP283 LONG STICK EXCAVATOR LL09U0803 KOBELCO SK250LC 2004 NIA 102 EQP323 BACKHOE KMW02403 CATERPILLAR BACKHOE 420E IT 2006 NfA 103 EQP324 FORK L€FT AT87A20597 CATERPILLAR FORK LIFT 2008 NIA 104 EOP327 BARGE W1 TWIN 200 hp YAMAHAS FLZED398C515 BARGE BARGE 2015 1`1-5072PW 105 EQP344 BACKHOE 1T0310SKPCE224754 JOHN DEERE 310SK 2012 NIA 106 PP221 6"PRIMERITE CT006 PUMP 4183 PRIMERITE 6"PUMP 2004 NIA 107 PP235 6"MWI PUMP 4180 MWI 6"PUMP 2004 N/A 108 PP292 6"THOMPSON TRASH PUMP 6HT-818 THOMPSON 5"PUMP 2006 NIA 109 TRI Trailer Yard 1E9AL12123L252925 Emerson 6X10 2003 JRDA85 110 TR4-Wood Trailer Yard IE9VL12116L252548 Emerson 6X12 2006 GGVS58 111 TR195-reel Trailer Yard 195-NOMNO200284889 Trailer 6X8 2002 OKAQ94 112 TR-279(P1Repair) POINT REPAIR TRAILER 5TRBE16268DO20935 LARK COVERED 6x16 2011 GLYB27 113 TR-284 Equp Trailer Equp Trailer 4MNDP252721001093 BEBU 20'Trailer 20'Equp Trailer 2002 51l2lQ 114 TR-300 Equip Trailer EquplMateriat Trailer 18902241I)ME6240I1 Bray 20'Trailer 20'EquplMaledal Trailer 2005 534MKM 115 TR-330 Barge Trailer Continental Trailer for Barge IZJBB3538FM093275 Continental 33'Barge Trailer 2015 43331Q 116 TR-356 WMr Comp Better Built Trailer vrlAir Compressor 41YINFP10151-11000566 Better Built 6x10 12017, 372BIQ 117 TR-357 Dump Trailer Bray 14x7x4(14 CY) 1890413D447624628 Bray Trailer 14x7x4(14CY) 2004 372910 118 TR-375 Trailer Haulmark6x10 4XSCB1012YGO22691 Haulmark 6x10 2000 515110 119 TR-383 Horton Trailer 5E2G12022D1047921 IHORTON 20131 313472 120 TR-384 Horton Trailer 5E2G12021F1052319 IHORTON 20151 313462 Page 25-26 Page 574 of 768 Qa THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FLORIDA 33351 TEL 754-321-0505• FAX 754-321-0936 PROCUREMENT &WAREHOUSING SERVICES The School Board of #7 MARY CATHERINE COKER, DIRECTORy,Florida Broward Count www.BrowardSchools.com Donna P.Korn,Chair Dr.Rosalind Osgood,Vice Chair 2/11/2020 Lori Alhadeff Robin Bartleman Patricia Good Heather P.Brinkworth Laurie Rich Levinson Prospective Bidders, Ann Murray Dear Pros p Nora Rupert Robert W.Runcie SUBJECT: Instructions to Bidders Superintendent of Schools Invitation to Bid: FY20-210—Storm Sewer&Sewer Main Cleaning&Repairs The School Board of Broward County,Florida(SBBC)is interested in receiving bids in response to the attached Invitation to Bid(ITB)for Storm Sewer& Sewer Main Cleaning&Repairs.Any questions regarding this ITB should be addressed to the Purchasing Agent,in writing,at the address stated above, via facsimile at 754-321-0533 or via e-mail to edgar.lugo@browardschools.com. No other School Board staff member should be contacted in relation to this ITB. Any information that amends any portion of this ITB,which is received by any method other than an Addendum issued to the ITB,is not binding on SBBC. To assure that your bid is in full compliance with all requirements of the ITB,carefully read all portions of the ITB document,paying particular attention to the following areas: SUPPLIER DIVERSITY OUTREACH PROGRAM(SDOP) SBBC has implemented a Supplier Diversity Outreach Program(SDOP)as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 3330 Supplier Diversity Outreach Program.The purpose of the program is to remedy the ongoing effects of identified marketplace discrimination that the School Board has found to adversely affect the participation of Small/Minority and/or Women Business Enterprises ("S/M/WBE') in School Board contracts. S/M/WBE vendors utilized for this contract must be certified bV SBBC's Supplier Diversity Outreach Program Office before the submission of the bid proposal.For information on S/MNVBE Certification or Policy 3330,contact SBBC's Supplier Diversity Outreach Program at 754- 321-0550 or visit http://www.browardschools.com/sdop. • SECTION 2,SUBMITTAL REQUIREMENTS Section 2, Submittal Requirements, is a listing of all submittals that are required to be part of your bid package. Please make sure that all required submittals have been included as part of your bid package. • COMPLETION OF BIDS The Bid Summary Sheets upon which the Bidder submits its prices shall be completed in excel. The Bidder Acknowledgement Section should be completed in full and fully executed by an authorized representative of the Bidder. SBBC reserves the right to reject any bid which is not completed in full. • PRICING CORRECTIONS If a price correction is necessary on the Bid Summary Sheet,update the excel spreadsheet.SBBC reserves the right to not tabulate any illegible entries, pencil bids or price corrections not initialed and to reject any bid containing any of these errors. • DUE DATE Bids are due in Procurement and Warehousing Services on the date and time stated on Page 1 of the ITB. To have your bid considered for award, it must be received on or before the date and time due. Bids received after 2:00 p.m.ET on the date due will not be considered. • STATEMENT OF"NO BID" If you are not submitting a bid in response to this ITB,please complete Section 8,Statement of"No Bid"and return via facsimile to 754-321-0533 or scan and send via e-mail to edgar.lugo@browardschools.com.Your response to the Statement of"No"Bid is very important to Procurement and Warehousing Services when creating future ITBs. Thank you for your interest in SBBC. Again,if you have any questions,please contact me at the telephone number or email address stated above. Edgar Lugo Purchasing Agent III BROWARD Fduco hng tv^s Studlc-rrts to �r C..nl,�Putla.Schooh Succeed in T ows Wcxld age.��5 of 768 TABLE OF CONTENTS INVITATIONTO BID.....................................................................................................................................................................................................................1 SECTION 3,GENERAL CONDITIONS........................................................................................................................................................................................2 SECTION 4,SPECIAL CONDITIONS..........................................................................................................................................................................................8 SECTION 5, BID SUMMARY SHEET.........................................................................................................................................................................................13 SECTION 6, BID SPECIFICATIONS..........................................................................................................................................................................................14 SECTION 7, FORMS AND ATTACHMENTS..............................................................................................................................................................................34 ATTACHMENT1 ....................................................................................................................................................................................................................35 DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR...........................................................................35 CONTRACTUAL RELATIONSHIP.....................................................................................................................................................................................35 ATTACHMENT2....................................................................................................................................................................................................................36 DRUGFREE WORKPLACE..............................................................................................................................................................................................36 ATTACHMENT3....................................................................................................................................................................................................................37 MINIMUM LIMITS OF INSURANCE REQUIREMENTS....................................................................................................................................................37 ATTACHMENT4..................................................................................................................................................................................................................387 W-9 Form.........................................................................................................................................................................................................................387 ATTACHMENT5..................................................................................................................................................................................................................398 ACH Payment Agreement Form(ACH CREDITS)...........................................................................................................................................................398 ATTACHMENT6................................................................................................................................................................................................................3939 References.....................................................................................................................................................................................................................3939 SECTION 8, STATEMENT OF"NO BID" .................................................................................................................................................................................400 EXHIBITA1.................................................................................................................................................................................................................................42 SUPPLIER DIVERSITY OUTREACH PROGRAM FORMS...............................................................................................................................................42 EXHIBITB.................................................................................................................................................................................................................................443 CERTIFICATION OF DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION .......................................................................443 LOWER TIER TRANSACTIONS......................................................................................................................................................................................443 EXHIBITB.................................................................................................................................................................................................................................454 INSTRUCTIONS FOR CERTIFICATION.........................................................................................................................................................................454 Page i of i Page Page 576 of 768 The School Board of Broward County, Florida INVITATION TO B I D PROCUREMENT AND WAREHOUSING SERVICES _ = 7720 West Oakland Park Boulevard, Suite 323 Suise, Florida 33351-6704 754-321-0505 (ITB) DUE DATE: Bids due on or before 2:00 p.m. Eastern Time ITB NO.: RELEASE DATE: PURCHASING AGENT: (ET)at Procurement&Warehousing Services: FY20-210 211112020 Edgar Lugo 31512020 754-321-0508 Check Addenda for any revised opening dates before submitting BID TITLE: your bid. Bid(s)received,after the date and time stated above, shall not be considered for award. Faxed bids are not allowed STORM SEWER&SEWER MAIN CLEANING & REPAIRS and will not be considered for award. SECTION 1 —Bidder Acknowledgement IN ACCORDANCE WITH GENERAL CONDITION 1,THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY INCLUDING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE WHERE INDICATED BELOW AND SUBMITTED WITH THE BID. FAILURE TO PROVIDE THIS DOCUMENT,WITH THE BID,WILL RESULT IN BID BEING CONSIDERED NOW RESPONSIVE. Bidder's Name and state"Doing Business As",where applicable: "REMIT TO" ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed to address other than as stated on the left, please complete the section below. ❑ Check this box if the address is the same as stated on the left. Address: P.O.Address: City: State: Zip Code: City: Telephone Number: State: Zip Code: Toll-Free Number: Contact: Fax Number: Telephone Number: E-Mail Address of Authorized Representative: Toll-Free Number: E-mail Address to Send Purchase Orders: Fax Number: Federal Tax Identification Number: I hereby certify that:I am submitting the following information as my firm's(Bidder)bid and am authorized by Bidder to do so.Bidder agrees to complete,and unconditional acceptance of the contents of all pages in this Invitation To Bid(ITB),and all appendices and the contents of any Signature of Authorized Representative(Manual) Addenda released hereto;Bidder agrees to be bound to all specifications,terms,and conditions contained in the ITB, and any released Addenda and understand that the following are requirements of this ITB and failure to comply will result in disqualification of bid submitted, Bidder has not divulged,discussed,or compared the bid with other Bidders and has not colluded Name of Authorized Representative(Typed or Printed) with any other Bidder or party to any other bid, Bidder,its principals,or their lobbyists has not offered campaign contributions to School Board Members or offer contributions to School Board Members for campaigns of other candidates for political office during the period in which the Title Bidder is attempting to sell goods or services to the School Board.This period of limitation of offering campaign contributions shall commence at the time of the"cone of silence"period for any solicitation for a competitive procurement as described by School Board Policy 3320,Part II,Section GG as well as School Board Policy 1007,Section 5.4—Campaign Contribution Fundraising. Bidder acknowledges that all information contained herein is part of the public record as defined by the State of Florida Sunshine and Public Records Laws,all responses, data,and information contained in this bid are true and accurate. 1 agree that this bid cannot be withdrawn within 90 days from date due. SECTION 2—Subralttal Pe &ements SUBMITTAL REQUIREMENTS: In order to assure that your bid is in compliance with bid requirements,please verify that the submittals indicated by the ® below have been submitted. ® Underground Utility contractor ❑ S/M/WBE Participation Schedule ❑ Statement of Intent to Perform as license.Section 4,Special Condition ® Bid Summary Sheet 9A (Exhibit A) an S/M/WBE Subcontractor(Exhibit B) ® Drug free workplkace form ® References ® Conflict of Interest Form ® Certificate of Debarment Section 7,Attachment 2 Section 7,Attachment 6;Section 4, Section 7,Attachment 1 General Condition 45 Special Condition 93 Note: If your firm wishes to not submit a bid in response to the ITB,please complete and return,via mail or fax,the Statement of No Bid attached as the last page of this ITB. Form 3270D Broward County Public Schools Is An Equal Opportunity/Equal Access Employer REVISED 10/26/2016 Page 1 Page 577 of 768 SECTION 3, GENERAL CONDITIONS e) BIDDER'S CONDITIONS: Bid conditions and specifications shall not be changed, 1. SEALED BID REQUIREMENTS: The "Bidder Acknowledgement Section" must be altered or conditioned in any way. SBBC specifically reserves the right to reject any completed,signed,and returned with the bid.The Bid Summary Sheet pages on which conditional bid. the Bidder submits a bid, and any pages, upon which information is required to be inserted,must be completed and submitted with the bid.The School Board of Broward 3. SAMPLES:Samples of items,when required,must be furnished free of expense within County(SBBC)reserves the right to reject any bid that fails to comply with these five(5)working days of the request unless otherwise stated and,if not destroyed,will, submittal requirements. upon request,be returned at the Bidder's expense.Bidders shall be responsible for the removal of all samples furnished within 30 days after bid opening.All samples shall be a) BIDDER'S RESPONSIBILITY:It is the responsibility of the Bidder to be certain that disposed of after 30 days.Each individual sample must be labeled with Bidder's name, all numbered pages of the bid and all attachments thereto are received and all bid number,and item number.Failure of Bidder to either deliver required samples or to Addendum released are received before submitting a bid without regard to how a clearly identify samples as indicated may be reason for rejection of the bid item.Unless copy of this ITB was obtained. All bids are subject to the conditions specified herein otherwise indicated,samples should be delivered to Procurement and Warehousing on the attached bid documents and any Addenda issued thereto. Services,The School Board of Broward County, Florida,7720 West Oakland, Park b) BID SUBMITTED:Completed bid must be submitted in a sealed envelope with bid Boulevard,Suite 323,Sunrise,Florida 33351-6704. number and name clearly typed or written on the front of the envelope.Bids must be 4. DELIVERY:All deliveries shall be F.O.B.destination point.Unless the actual date of time stamped in Procurement and Warehousing Services on or before 2:00 p.m.ET delivery is specified(or if specified delivery cannot be met),show the number of days on the date due for the bid to be considered.Bids shall be opened at 2:00 p.m.ET required to make delivery after receipt of Purchase Order in space provided.Delivery on the date due.Bids submitted by telegraphic or facsimile transmission shall not be time may become a basis for making an award(see Special Conditions).Delivery shall accepted. be within the normal working hours of the user,Monday through Friday,excluding state c) EXECUTION OF BID:Bid must contain an original manual signature of an authorized holidays and days during which SBBC administration is closed. representative in the space provided above.All bids must be completed in ink or 5. INTERPRETATIONS:Any questions concerning conditions and specifications must be typewritten.If a price correction is necessary,draw a single line through the submitted in writing and received by Procurement and Warehousing Services no later entered figure and enter the corrected figure or use opaque correction fluid. than ten working days,or as stated in the Special Conditions,prior to the original All price corrections must be initialed by the person signing the bid even when bid opening date.If necessary,an Addendum shall be issued. using opaque correction fluid. SBBC reserves the right to reject any bid or bid item completed in pencil or any bid that contains illegible entries or price 6. AWARDS:In the best interest of SBBC,SBBC reserves the right to 1)withdraw this ITB corrections not initialed. at any time prior to the time and date specified for the bid opening,2)to reject any or all d) BIDDING PREFERENCE LAWS:ALL BIDDERS MUST COMPLETE AND SUBMIT bids received when there are sound documented business reasons that serve the best THE LEGAL OPINION OF BIDDING PREFERENCE FORM IN ORDER TO BE interest of SBBC,3)to accept any item or group of items unless qualified by Bidder,and CONSIDERED FOR AWARD.The State of Florida provides a Bidder's preference 4) to acquire additional quantities at prices quoted on this ITB unless additional for Florida vendors for the purchase of personal property.The local preference is five quantities are not acceptable,in which case,the bid sheets must be noted"BID IS FOR (5)percent. Bidders outside the State of Florida must have an attorney,licensed to SPECIFIED QUANTITY ONLY."All awards made as a result of this bid shall conform practice law in the out-of-state jurisdiction, as required by Section 2, Chapter to applicable Florida Statutes and shall be governed by the laws of the State of Florida, 287.084,Florida Statutes,execute the"Opinion of Out-of-State Bidder's Attorney on and must have venue established in the 17th Judicial Circuit Court of Broward County, Bidding Preferences"form and must submit this form with the submitted bid. Such Florida or the United States Court of the Southern District of Florida. opinion should permit SBBC's reliance on such an attorney's opinion for purposes of 7. BID OPENING:Bid opening shall be public,on the date and at the time specified on complying with Chapter 287.084, Florida Statutes. Florida Bidders must also the bid form.All bids received after that time shall not be considered. complete their portion of the form. Failure to submit and execute this form,with the bid,shall result in the bid being considered"non-responsive"and bid rejected. 8. ADVERTISING:In submitting a bid,Bidder agrees not to use the results therefrom as 2. PRICES QUOTED:Deduct trade discounts and quote firm net prices.Give both unit price a part of any commercial advertising without prior approval of SBBC. and extended total.Prices must be stated in units to the quantity specified in the bidding 9. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance shall be at specification.In case of discrepancy in computing the amount of the bid,the Unit Price destination unless otherwise provided.Title to/or risk of loss or damage to all items shall quoted shall govern. be the responsibility of the Awardee until acceptance by the buyer unless loss or damage resulting from negligence by the buyer.If the materials or services supplied to All prices quoted shall be F.O.B.destination and freight prepaid(Bidder pays and bears SBBC are found to be defective or not conform to specifications,SBBC reserves the freight charges).Awardee owns goods in transit and files any claims.Discounts for prompt right to cancel the order upon written notice to the seller and return product atAwardee's payment:Award,if made,shall be in accordance with terms and conditions stated herein. expense. Each item must be bid separately,and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered shall not be a 10. PAYMENT: Payment shall be made by SBBC after the items awarded have been consideration in the determination of an award of the bid(s).If an Awardee offers a received,inspected,found to comply with award specifications and free of damage or discount or offers terms less than Net 30,it is understood that a minimum of 30 days shall defect and properly invoiced.All payments shall be made by ACH(Automated Clearing be required for payment,and if a payment discount is offered,the discount time shall be House)for automatic deposits(credits). computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified. 11. CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP:Section 112.313(3)and(7),Florida Statutes,sets forth restrictions a) TAXES:SBBC does not pay Federal Excise and State taxes on direct purchase of a on the ability of SBBC employees acting in a private capacity to rent,lease,or sell any tangible personal property.The applicable tax exemption number is shown on the realty, goods or services to SBBC. It also places restrictions on SBBC employees Purchase Order.This exemption does not apply to purchases of tangible personal concerning outside employment or contractual relationships with any business entity property made by contractors who use the tangible personal property in the which is doing business with SBBC.Each Bidder is to disclose any employees it has performance of contracts for the improvement of SBBC owned real property as who are also SBBC employees by submitting Attachment 1, Disclosure of Potential defined in Chapter 192,Florida Statutes. Conflict of Interest and Conflicting Employment or Contractual Relationship,with its Bid. b) MISTAKES:Bidders are expected to examine the specifications,delivery schedules, Any employees identified by the Bidder when completing Attachment 1 should obtain bid prices and extensions,and all instructions pertaining to supplies and services. legal advice as to their obligations and restrictions under Section 112.313(3)and(7), Failure to do so shall be at Bidder's risk. Florida Statutes. c) CONDITION AND PACKAGING:It is understood and agreed that any item offered 12. INSURANCE: Bidder, by virtue of submitting a bid,shall be in full compliance with or shipped as a result of this bid shall be new(current production model at the time of paragraph 20: LIABILITY INSURANCE, LICENSES,AND PERMITS of the General this bid) unless otherwise specified.All containers shall be suitable for storage or Conditions. Insurance Requirements are shown in FORMS AND ATTACHMENTS shipment and all prices shall include standard commercial packaging. Section of this ITB.Bidder shall take special notice that SBBC shall be named as an d) UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Bid, all additional insured under the General Liability policy including Products Liability. manufactured items and fabricated assemblies shall be UL listed where such has The insurance policies shall be issued by companies qualified to do business in the been established by UL for the item(s)offered and furnished.In lieu of the UL listing, State of Florida.The insurance companies must be rated at least A-VI by AM Best or Bidder may substitute a listing by an independent testing laboratory recognized by Aa3 by Moody's Investor Service. All policies must remain in effect during the OSHA under the Nationally Recognized Testing Laboratories(NRTL) Recognition performance of the contract. Program. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 2 Page 578 of 768 13. LICENSES,CERTIFICATIONS,AND REGISTRATIONS:As of the Bid Opening Date, 22 IRREVOCABILITY OF BID:A bid may not be withdrawn before the expiration of 90 Bidder must have all Licenses,Certifications,and Registrations required when performing days from the date of the bid opening. the services as described herein, in order for Bid to be considered a responsive and responsible Bid.Licenses,Certifications,and Registrations required for this Bid shall be 23. INFORMATION NOT IN ITB: No verbal or written information which is obtained by a as required by Chapter 489,Florida Statutes,as currently enacted or as amended from Bidder other than by information within this document or Addenda to this ITB shall be time to time;by the State Requirements for Educational Facilities(SREF),latest version, binding on SBBC. and by Broward County,Florida.Bidder must submit a copy of all its current Licenses, 24. EXPENDITURE: No guarantee is given or implied as to any sums payable or the Certifications and Registrations required as described herein,either with its Bid or within quantity or scope of any award under this ITB.SBBC is not obligated to place an order five working days of notification. for goods/services as a result of this award. Order placement shall be based upon the An Awardee who has any License, Certification, or Registration either suspended, needs and best interests of SBBC. revoked or expired after the date of the Bid Opening shall provide notice to the Director of Procurement& Warehousing Services within five working days of such 25. BILLING INSTRUCTIONS:Invoices,unless otherwise indicated,must show Purchase suspension, revocation or expiration. However, such suspension, revocation or Order numbers and shall be submitted in duplicate to The School Board of Broward expiration after the date of the Bid Opening shall not relieve the Awardee of its County, Florida, Accounting and Financial Reporting Department, Attn: Accounts responsibilities under this ITB. Payable, 600 S.E. 3rd Avenue, Th Floor, Fort Lauderdale, Florida 33301. (Unless otherwise stated in the Special Conditions)Payment shall be made a minimum of 30 14. PATENTS&ROYALTIES:The Awardee,without exception,shall indemnify and save days after delivery,authorized inspection,and acceptance.When vendors are directed harmless SBBC and its employees from liability of any nature or kind,including cost and to send invoices to a school,the school shall make direct payments to the vendor. expenses for any copyrighted, patented, or unpatented invention, process, or article 26. NOTE TO VENDORS DELIVERING TO CENTRAL WAREHOUSE:Receiving hours manufactured or used in the performance of the contract,including its use by SBBC.If are Monday through Friday(excluding state holidays and days during which SBBC the Awardee uses any design,device,or materials covered by letters,patent,or copyright, administration is closed)7:00 a.m.to 2:00 p.m.ET. it is mutually understood and agreed without exception that the bid prices shall include all 27. SUBSTITUTIONS: SBBC SHALL NOT accept substitute shipments of any kind. royalties or cost arising from the use of such design, device or materials in any way Awardees are expected to furnish the brand quoted in their bid once awarded by involved in the work. SBBC.Any substitute shipments shall be returned at the Awardee's expense. 15. OSHA: The Awardee warrants that the product supplied to SBBC shall conform in all 28FACILITIES:SBBC reserves the right to inspect the Awardee's facilities at any time respects to the standards set forth in the Occupational Safety and Health Act of 1970,as with prior notice. SBBC may use the information obtained from this in determining amended,and the failure to comply with this condition shall be considered as a breach of whether a Bidder is a responsible Bidder. contract. 16. SPECIAL CONDITIONS: The Superintendent or Designee has the authority to issue 29. ASBESTOS AND FORMALDEHYDE STATEMENT:All building materials,pressedboards,and furniture supplied to SBBC shall be 100%asbestos-free. It is desirous Special Conditions and Specifications as required for individual bids.Any and all Special that all building materials,pressed boards and furniture supplied to SBBC also Conditions that may vary from these General Conditions shall have precedence. be 100%formaldehyde-free.Bidder,by virtue of bidding,certifies by signing bid that, 17. NONDISCRIMINATION:The respondent hereby certifies and agrees that the following if awarded this bid,only building materials, pressed boards,and/or furniture that is information is correct: In preparing its response on this project, the respondent has 100%asbestos-free shall be supplied. considered all proposals submitted from qualified,potential subcontractors and suppliers, 30. ASSIGNMENT:Neither any award of this bid nor any interest in any award of this bid and has not engaged in"discrimination"as defined in the District's Policy No.3330— may be assigned,transferred or encumbered by any party without the prior written Supplier Diversity Outreach Program,Section DA,to wit:discrimination in the solicitation, consent from the Director,Procurement and Warehousing Services.There shall be no selection,or commercial treatment of any subcontractor,vendor,supplier,or commercial partial assignments of this ITB including,without limitation,the partial assignment of customer on the basis of race,color,religion,ancestry or national origin,sex,age,marital any right to receive payments from SBBC. status, sexual orientation or on the basis of disability or other unlawful forms of discrimination. Without limiting the foregoing,"discrimination"also includes retaliating 31. EXTENSION:In addition to any extension options contained herein,SBBC is granted against any person or other entity for reporting any incident of"discrimination." Without the right to extend any award resulting from this bid for the period of time necessary limiting any other provision of the solicitation for responses on this project,it is understood for SBBC to release,award and implement a replacement bid for the goods,products and agreed that,if this certification is false,such false certification will constitute grounds and/or services provided through this bid.Such extension shall be upon the same for the School District to reject the response submitted by the respondent on this project, prices, terms and conditions as existing at the time of SBBC's exercise of this and terminate any contract awarded based on the response.As part of its response,the extension right.The period of any extension under this provision shall not be for a respondent shall provide to the School District a list of all instances within the immediate period in excess of six months from(a)the termination date of a contract entered into past four(4)years where there has been a final adjudicated determination in a legal or as a result of this bid or (b) the termination date under any applicable period of administrative proceeding in the State of Florida that the respondent discriminated against extension under a contract entered into as a result of this bid. its subcontractors,vendors,suppliers,or commercial customers,and a description of the 32. OMISSION FROM THE SPECIFICATIONS:The apparent silence of this specification status or resolution of that complaint,including any remedial action taken. As a condition and any Addendum regarding any details or the omission from the specification of a of submitting a response to the School Board,the respondent agrees to comply with the detailed description concerning any point shall be regarded as meaning that only the District's Commercial Nondiscrimination Policy as described under its School Board best available units shall be provided and the best commercial practices are to prevail, Policy No.3330—Supplier Diversity Outreach Program,Section D.1. and that only materials and workmanship of first quality are to be used. All 18. QUALITY: All materials used for the manufacture or construction of any supplies, interpretations of this specification shall be made upon the basis of this agreement. materials or equipment covered by this bid shall be new unless otherwise specified.The items bid must be new, the latest model, of the best quality and highest grade 33. SUBMITTAL OF INVOICES:All Bidders are hereby notified that any invoice submitted workmanship. as a result of the award of this bid must be in the same format as any Purchase Order released as a result of the award of this bid.Each line of the invoice must reference 19. LIABILITY INSURANCE,LICENSES AND PERMITS:Where Awardees are required to a corresponding single line shown on the Purchase Order. A single invoice line enter or go onto SBBC property to deliver materials or perform work or services as a must not correspond to or commingle the cost shown on multiple Purchase Order lines. resultof a bid award,the Awardee agrees to The Hold Harmless Agreement stated herein An invoice submitted that does not follow the same format and line numbering as and shall assume the full duty obligation and expense of obtaining all necessary licenses, shown on the Purchase Order,shall be deemed to be not correct and may be returned permits,and insurance.The Awardee shall be liable for any damages or loss to SBBC to the vendor by the Accounts Payable Department for correction. The address for occasioned by the negligence of the Awardee(or agent)or any person the Awardee has submitting invoices is included in the Purchase Order. designated in the completion of the Contract as a result of their bid. 34. PURCHASE AGREEMENT:This bid and the corresponding Purchase Orders shall 20. BID BONDS, PERFORMANCE BONDS AND CERTIFICATES OF INSURANCE: Bid constitute the complete agreement. SBBC shall not accept proposed terms and bonds,when required,shall be submitted with the bid in the amount specified in Special conditions that are different than those contained in this Invitation to Bid,including pre- Conditions.Bid bonds shall be returned to non-Awardees.After acceptance of the bid, printed text contained on catalogs,price lists,other descriptive information submitted SBBC shall notify the Awardee to submit a performance bond and certificate of insurance or any other materials.By virtue of submitting a bid,Awardee agrees to not submit to in the amount specified in Special Conditions.Upon receipt of the performance bond,the any SBBC employee,for signature,any document that contains terms and conditions bid bond shall be returned to the Awardee. that are different than those contained herein and that in the event any document 21. CANCELLATION: In the event, any of the provisions of this bid are violated by the containing any term or condition that differs from those contained herein is executed, Awardee, the Superintendent shall give written notice to the Awardee stating the said document shall not be binding on SBBC. deficiencies,and unless deficiencies are corrected within five(5)days,a recommendation shall be made to SBBC for immediate cancellation. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 3 Page 579 of 768 35. SBBC INFORMATION SECURITY GUIDELINES:It is the responsibility of the Awardee to 37. (Continued): read and adhere to the SBBC Information Security Guidelines when using any device Failure to file a notice of protest or to file a formal written protest within the time connected to the SBBC's network. Following the conclusion of the contract term,all of prescribed by Section 120.57(3),Florida Statutes,or a failure to post the bond or SBBC's confidential information must be removed from Awardee's equipment, and all other security required by SBBC Policy 3320 within the time allowed for filing a access privileges must be revoked.Final payment shall be withheld until the Awardee has bond, shall constitute a waiver of proceedings. The failure to post the bond confirmed,in writing,that all SBBC's confidential information has been purged from any and required by SBBC Policy 3320,Part VIII,as currently enacted or as amended from all electronic technology devices that were used during this contract and were connected to time to time,shall constitute a waiver of proceedings.Notices of protests,formal the SBBC's network. written protests,and the bonds required by Policy 3320,shall be filed at the office of the Director, Procurement and Warehousing Services, 7720 West Oakland 36. PROTESTING OF BID CONDITIONS/SPECIFICATIONS:Any person desiring to protest Park Boulevard,Suite 323,Sunrise,Florida 33351-6704(fax 754-321-0936).Fax the conditions/specifications in this ITB,or any Addenda subsequently released thereto, filing shall not be acceptable for the filing of bonds. shall file a notice of intent to protest,in writing,within 72 hours after electronic release of the competitive solicitation or Addendum and shall file a formal written protest within ten 38. SUBMITTAL OF BIDS:All Bidders are reminded that it is the sole responsibility of the calendar days after the date the notice of protest was filed. Saturdays, Sundays, state BIDDER to assure that their bid is time-stamped in PROCUREMENT AND holidays or days during which SBBC administration is closed shall be excluded in the WAREHOUSING SERVICES on or before 2:00 p.m.ET on the date due.The address computation of the 72 hours.If the tenth calendar day falls on a Saturday,Sunday,state for bid submittal,including hand-delivery and overnight courier delivery,is indicated as holiday or day during which SBBC administration is closed,the formal written protest must 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704. The be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday, Bidder is fully and completely responsible for the payment of all delivery costs Sunday,state holiday or day during which SBBC administration is closed. Section 3 b, associated with the delivery of their bid or related material. Procurement and Chapter 120.57,Florida Statutes,as currently enacted or as amended from time to time, Warehousing Services shall not accept delivery of any bid or related material requiring states that"The formal written protest shall state with particularity the facts and law SBBC to pay for any portion of the delivery cost or the complete delivery cost.Prior to upon which the protest is based." bid submittal,it is the responsibility of the Bidder to be certain that all Addenda released have been received,that all Addendum requirements have been completed,and that Failure to file a notice of protest or to file a formal written protest within the time prescribed all submittals required by the Addendum have been timely fled. (See General by Section 3,Chapter 120.57),Florida Statutes,or a failure to post the bond or other security Condition 1.) required by SBBC Policy 3320,within the time allowed for filing a bond,shall constitute a waiver of proceedings.The bond shall be conditioned upon the payment of all costs which 39. PACKING SLIPS:It shall be the responsibility of the Awardee to attach all packing slips may be adjudged against the protestant in an Administrative Hearing in which the action is to the OUTSIDE of each shipment.The packing slip must reference the SBBC Purchase brought and in any subsequent appellate court proceeding. In lieu of a bond,SBBC may Order number/control number. Failure to provide a packing slip attached to the outside accept a cashier's check,official bank check or money order in the amount of the bond.If, of shipment shall result in refusal of shipment at the Awardee's expense. after completion of the Administrative Hearing process and any appellate court proceedings, 40. USE OF OTHER CONTRACTS: SBBC reserves the right to utilize any other SBBC SBBC prevails,SBBC shall recover all costs and charges which shall be included in the contract,any State of Florida Contract,any contract awarded by any other city or county Final Order orjudgment,including charges made by the Division of Administrative Hearings, governmental agencies, other school s, other community college/state university but excluding attorney's fees.Upon payment of such costs and charges by the protestant, system cooperative bid agreement,or to directly negotiate/purchase per SBBC and/or the bond shall be returned. The failure to post the bond required by SBBC Policy 3320, Rule 6A-1.012,Florida Administration Code as currently enacted or as amended from Part VIII,as currently enacted or as amended from time to time,shall constitute a waiver of time to time,in lieu of any offer received or award made as a result of this bid if it is in proceedings.Notices of protest,formal written protests,and the bonds required by SBBC its best interest to do so. Policy 3320, shall be filed at the office of the Director, Procurement and Warehousing Services,7720 West Oakland Park Boulevard,Suite 323,Sunrise,Florida 33351-6704(fax 41. INDEMNIFICATION: This General Condition of the bid is NOT subject to 754-321-0936).Fax filing shall not be acceptable for the filing of bonds. negotiation,and any bid that fails to accept these conditions shall be rejected as "non-responsive." 37. POSTING OF BID RECOMMENDATIONS/TABULATIONS:ITB Recommendations and a) SBBC agrees to be fully responsible for its acts of negligence or its agents'acts of Tabulations shall be posted in Procurement and Warehousing Services and on negligence when acting within the scope of their employment and agrees to be www.demandstar.com on March 12,2020 at 3:00 pm,and shall remain posted for 72 hours. liable for any damages resulting from said negligence.Nothing herein is intended Any change to the date and time established herein for the posting of ITB to serve as a waiver of sovereign immunity by SBBC. Nothing herein shall be Recommendations/Tabulations shall be posted in Procurement and Warehousing Services construed as consent by SBBC to be sued by third parties in any matter arising out and/or at www.demandstar.com(under the document section for this ITB). In the event the of any contract. Nothing herein shall be construed as a waiver by SBBC of any date and time of the posting of ITB Recommendations/Tabulations is changed, it is the rights or limits to liability under Section 768.28,Florida Statutes. responsibility of each Bidder to ascertain the revised date of the posting of ITB Recommendations/Tabulations. Any person desiring to protest the intended decision shall b) AWARDEE agrees to indemnify, hold harmless and defend SBBC, its agents, file a notice of protest,in writing,within 72 hours after the posting of the ITB tabulation and servants and employees from any and all claims,judgments,costs,and expenses shall file a formal written protest within ten calendar days after the date the notice of protest including,but not limited to,reasonable attorney's fees,reasonable investigative was filed.Saturdays,Sundays,state holidays and days during which SBBC administration and discovery costs, court costs and all other sums which SBBC, its agents, is closed shall be excluded in the computation of the 72 hours. If the tenth calendar day servants,and employees may pay or become obligated to pay on account of any, falls on a Saturday, Sunday, state holiday or day during which SBBC administration is all and every claim or demand, or assertion of liability, or any claim or action closed,the formal written protest must be received on or before 5:00 p.m.ET of the next founded thereon,arising or alleged to have arisen out of the products,goods or calendar day that is not a Saturday or Sunday,state holiday or days during which SBBC services furnished by the AWARDEE, its agents, servants or employees, the administration is closed. No submissions made after the Bid opening amending or equipment of the AWARDEE, its agents, servants or employees while such supplementing the Bid shall be considered. Section 120.57(3)(b), Florida Statutes, as equipment is on premises owned or controlled by SBBC, or the negligence of currently enacted or as amended from time to time,states that"The formal written protest AWARDEE or the negligence of AWARDEE's agents when acting within the scope shall state with particularity the facts and law upon which the protest is based". Any of their employment,whether such claims,judgments,costs,and expenses be for person who files an action protesting an intended decision shall postwith SBBC,atthe time damages,damage to property including SBBC's property,and injury or death of of filing the formal written protest,a bond,payable to SBBC,in an amount equal to one any person whether employed by the AWARDEE,SBBC or otherwise. percent(1%)of SBBC's estimate of the total volume of the contract.SBBC shall provide the estimated contract amount to the vendor within 72 hours,excluding Saturdays,Sundays 42.PURCHASE BY OTHER PUBLIC AGENCIES: With the consent and agreement of the and other days during which SBBC administration is closed,of receipt of notice of intent to awarded contractor(s),purchases may be made under this bid by other agencies.Such protest. The estimated contract amount is not subject to protest pursuant to Section purchases shall be governed by the same terms and conditions as stated herein. 120.57(3),Florida Statutes.The bond shall be conditioned upon the payment of all costs which may be adjudged against the protestant in an Administrative Hearing in which the 43. GOVERNING LAW: This ITB and any award(s) resulting from this ITB shall be action is brought and in any subsequent appellate court proceeding.In lieu of a bond,SBBC interpreted and construed in accordance with the laws of the State of Florida. Any may accept a cashier's check,official bank check or money order in the amount of the bond. protests arising from this ITB shall be subject to Section 120.57(3),Florida Statutes. If, after completion of the Administrative Hearing process and any appellate court Any disputes or controversies arising out of a contract award under this ITB shall be proceedings, SBBC prevails, SBBC shall recover all costs and charges which shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit Court included in the Final Order or judgment, including charges made by the Division of in and for Broward County,Florida. Administrative Hearings,but excluding attorney's fees.Upon payment of such costs and charges by the protestant,the bond shall be returned.All documentation necessary for the protest proceedings shall be provided electronically by SBBC REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page Page 580 of 768 44. PUBLIC ENTITY CRIMES: Section 287.133(2)(a), Florida Statutes, as currently 49. LOBBYIST ACTIVITIES: In accordance with SBBC Policy 1100B,as currently enacted enacted or as amended from time to time,states that a person or affiliate who has or as amended from time to time,persons acting as lobbyists must state,at the beginning been placed on the convicted vendor list following a conviction for a public entity crime of their presentation, letter,telephone call,e-mail or facsimile transmission to School may not submit a bid on a contract to provide any goods or services to a public entity, Board Members, Superintendent or Members of Senior Management, the group, may not submit a bid on a contract with a public entity for the construction or repair of association,organization or business interest she/he is representing. 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, a)A lobbyist is defined as a person who,for immediate or subsequent compensation subcontractor, or consultant under a contract with any public entity, and may not (e.g.,monetary profit/personal gain)represents a public or private group,association, transact business with any public entity in excess of the threshold amount provided in organization or business interest and engages in efforts to influence School Board Section 287.017 for CATEGORY TWO[currently$25,000]for a period of 36 months Members on matters within their official jurisdiction. from the date of being placed on the convicted vendor list. 45. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY OR b)A lobbyist is not considered a person representing school-affiliated groups(e.g.,PTA, VOLUNTARY EXCLUSION-Lower Tier Covered Transactions: Executive Order DAC,Band Booster Associations,etc.) nor a public official acting in her/his official 12549,as currently enacted or as amended from time to time,provides that,to the capacity. extent permitted by law,Executive departments and agencies shall participate in a c) Lobbyists shall annually(July 1)disclose in each instance and for each client prior to government-wide system for non-procurement debarment and suspension. A person any lobbying activities,their identity and activities by completing the lobbyist statement who is debarred or suspended shall be excluded from Federal financial and form which can be obtained from Official School Board Records, School Board nonfinancial assistance and benefits under Federal programs and activities. Except Member's Offices or the Superintendent's Office and shall be recorded on SBBC's as provided in§85.200,Debarment or Suspension,§85.201,Treatment of Title IV website,www.browardschools.com. HEA participation,and§85.215,Exception Provision,debarment or suspension of a participant in a program by one agency shall have a government-wide effect. A lower- d) The lobbyist must disclose any direct business association with any current elected or tier covered transaction is,in part,any transaction between a participant[SBBC]and appointed official or employee of SBBC or any immediate family member of such a person other than a procurement contract for goods or services,regardless of type, elected or appointed official or employee of SBBC. under a primary covered transaction, and any procurement contract for goods or services between a participant and a person,regardless of type,expected to equal or e) Senior-level employees(Pay Grade 30 and above)and/or School Board Members are exceed the Federal procurement small purchase threshold fixed at 10 U.S.C.2304(g) prohibited from lobbying activities for one year after resignation or retirement or and 41 U.S.C.253(g)(currently$100,000)under a primary covered transaction,or any expiration of their term of office. procurement contract for goods or services between a participant and a person under a covered transaction,regardless of amount,under which that person shall have a critical influence on or substantive control over that covered transaction. A participant 50. TIE BID PROCEDURES: When identical prices are received from two or more Bidders, may rely upon the certification of a prospective participant in a lower tier covered and all other factors are equal,priority for an award shall be given to Bidders in the transaction that it and its principals are not debarred, suspended, proposed for following sequence: debarment under 48 CFR part 9,subpart 9.4,ineligible,or voluntarily excluded from ➢A business that certifies that it has implemented a drug-free workplace program shall the covered transaction, unless it knows that the certification is erroneous. Each be given preference in accordance with the provisions of Chapter 287.087,Florida participant shall require participants in lower tier covered transactions to include the Statutes,as currently enacted or as amended from time to time, certification for it and its principals in any bid submitted in connection with such lower tier covered transactions. ➢The Broward County Certified Minority/Women Business Enterprise Bidder, CERTIFICATION a) The prospective lower tier participant certifies, by submission of this bid, that ➢The Palm Beach County or Miami-Dade County Certified Minority/Women Business neither it nor its principals is presently debarred, suspended, proposed for Enterprise Bidder, debarment,declared ineligible,or voluntarily excluded from participation in this ➢The Florida Certified Minority/Women Business Enterprise Bidder, transaction by any Federal department or agency. b) Where the prospective lower tier participant is unable to certify to any of the ➢ The Broward County Bidder, other than a Minority/Women Business Enterprise statements in this certification, such prospective participant shall attach an Bidder, explanation to this bid. ➢The Palm Beach County or Miami-Dade County Bidder,other than a Minority/Women Every time a Bid is submitted that includes a reference to this Form,a new Form is Business Enterprise vendor, required. Any Bid that does not include this required Form shall not be evaluated and ➢The Florida Bidder, whose main office is in the State of Florida, other than a shall not be considered for award. A signature is required on BOTH the Debarment Minority/Women Business Enterprise vendor. Form AND the Invitation to Bid page. A signature on one document cannot be substituted for the signature required on the other document. Failure to complete and ➢If the application of the above criteria does not indicate a priority for an award,the sign both documents requiring signature shall result in rejection of bid submitted. award shall be decided by a coin toss. The coin toss shall be held publicly in 46. REASONABLE ACCOMMODATION: Individuals with disabilities requesting Procurement and Warehousing Services,the tie low bid Bidders invited to be present accommodations under the Americans with Disabilities Act (ADA) may call Equal as witnesses. Educational Opportunities(EEO)at 754-321-2150 or Teletype Machine TTY 754-321- Included as a part of these bid documents is a Form entitled SWORN STATEMENT 2158. PURSUANT TO CHAPTER 287.087, FLORIDA STATUTES, AS CURRENTLY ENACTED OR AS AMENDED FROM TIME TO TIME, ON PREFERENCE TO 47. SEVERABILITY: In case of any one or more of the provisions contained in this Bid BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAMS. This form shall be used shall be for any reason be held to be invalid,illegal,unlawful,unenforceable or void in by the Bidder to certify that it has implemented a drug-free workplace program. In order any respect,the invalidity,illegality,unenforceability or unlawful or void nature of that for bid to be considered,the Invitation to Bid form(Page 1 of this bid)must be properly provision shall not affect any other provision and this Bid shall be considered as if such signed in order for the bid to be considered. A Bidder cannot sign this form in lieu of invalid,unlawful,unenforceable or void provision had never been included herein. properly signing the Invitation to the Bid Form. 48. DISTRIBUTION: DemandStar by Onvia,www.demandstar.com,is the official method approved by Procurement and Warehousing Services for the distribution of all 51. DISPUTES:in the event of a conflict between the documents,the order of priority of the competitive solicitations including ITBs and RFPs. It is the responsibility of all Bidders documents shall be as follows: to assure they have received all necessary documents,including Addenda and have ➢ Addenda released for this ITB,with the latest Addendum taking precedence,then, included all necessary information within their response. SBBC is not responsible for ➢ The ITB,then Bidder's failure to obtain complete bidding documents from DemandStar. SBBC ➢ Bidder's submitted bid. reserves the right to reject any bid as non-responsive for failure to include all necessary In case of any other doubt or difference of opinion,the decision of SBBC shall be final and documents or required Addenda. For information regarding the above-referenced binding on both parties. solicitation,contact the designated Purchasing Agent as stated herein. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 5 Page 581 of 768 52. SUPPLIER DIVERSITY OUTREACH PROGRAM(SDOP): SBBC has implemented 55.AUDIT AND INSPECTION OFAWARDEE'S DOCUMENTS AND RECORDS: The District a Supplier Diversity Outreach Program (SDOP) as part of the SBBC's competitive or its representative reserves the right to inspect and/or audit all the Awardee's documents solicitation and contracting activity in accordance with School Board Policy 3330, and records as they pertain to the products and services delivered under this agreement. Administrative Procedures for The School Board of Broward County, Florida's Supplier Such rights shall be exercised with notice to the Awardee to determine compliance with Diversity&Outreach Program.The purpose of the program is to utilize available small, and performance of the terms,conditions,and specifications on all matters, rights,and minority,and women business enterprises within the Board's market area to compete for duties,and obligations established by this agreement.Documents/records in any form shall the award of SBBC construction and purchasing contracts.S/M/WBE vendors utilized for be open to the District or State's representative and may include but are not limited to all this contract must be certified by SBBC's Supplier Diversity Outreach Program Office prior correspondence,ordering,payment,inspection,and receiving records,contracts or sub- to the submission of Bid. For information on M/WBE Certification,contact SBBC's contracts that directly or indirectly pertain to the transactions between the District and the Supplier Diversity Outreach Program at 754-321-0550 or visit Awardee(s). www.browardschools.com/slop 56.ORIGINAL DOCUMENT FORMAT: Only the terms and conditions of this solicitation as 53. SBBC MATERIAL NUMBER: The seven-digit number shown in parenthesis at the they were released by SBBC,or amended via Addendum,are valid. Any modification to beginning of an item on the Bid Summary Sheet represents SBBC's material number for any term or condition by a Bidder is not binding unless it is expressly agreed to,in writing, the item.It does not represent any manufacturer/distributor model/part number. by SBBC. 54. SBBC PHOTO IDENTIFICATION BADGE: 57. CREDIT CARDS:Individual schools and departments may place some orders and utilize, as the form of payment,a District-issued credit card to the extent authorized by SBBC. Background Screening: Awardee agrees to comply with all the requirements of Sections These orders shall be made via phone or fax for direct delivery and billing to the requesting 1012.32 and 1012.465,Florida Statutes,and that Awardee and all its personnel who(1) work location.Please note that credit card purchases will benefit all vendors o providing are to be permitted access to school grounds when students are present, (2)will have immediate payment is within s Pay hours),thereby eliminating the need to submit s. direct contactwith students,or(3)have access or control of school funds shall successfully invoice it the District's Accounts Payable Department or reconcile receivable balances. complete the background screening required by the referenced statutes and meet the For credit card purchases,all Awardees must have the capability to accept fax orders, standards established by the statutes. Personnel shall include employees, which must be confirmed by calling back the requesting work location to verify prices and representatives,agents or sub-contractors performing duties under the contract to obtain a credit card number.Only actual items shipped/delivered can be charged to the SBBC,and who meet any or all of the three requirements identified above. This credit card account list no back-orders).All purchase deliveries must include a packing background screening shall be conducted by SBBC in advance of the Awardee or its slip credit dit card ch i charge listing the items and prices of goods delivered.For security reasons, personnel providing any services. The awardee shall bear the cost of acquiring the the credit card charge receipt showing the work location's credit card number cannot be background screening required under Section 1012.32, Florida Statutes, and any fee attached to the packing slip receipt/invoice submitted as part of the purchase delivery. District work locations may request that an Awardee maintains secure records of the credit imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to the Awardee and its personnel.The Parties agree that the failure card account assigned an alias or password,to avoid divulging the actual credit card of Awardee to perform any of the duties described in this section shall constitute a material number upon every purchase. breach of this ITB entitling SBBC to terminate immediately with no further responsibilities 58. NONCONFORMANCE TO CONTRACT CONDITIONS: Items offered may be tested for or duties to perform under this Agreement.Awardee agrees to indemnify and hold harmless compliance with bid conditions and specifications at any time. Items delivered, not SBBC,its officers,and employees of any liability in the form of physical or mental injury, conforming to bid conditions or specifications,may be rejected and returned at Awardee's death or property damage resulting in Awardee's failure to comply with the requirements expense.Goods or services not delivered as per delivery date in the bid and/or Purchase of this section or Sections 1012.32 and 1012.465,Florida Statutes. Order may be rejected upon delivery and/or maybe purchased on the open market.Any increase in cost may be charged against the Awardee.Any violation of these stipulations SBBC issued identification badges must be worn at all times when on SBBC may also result in: property and must be worn where they are visible and easily readable. a) For a period of two years,any bid submitted by Awardee shall not be considered and shall not be recommended for award. As of July 1,2015, Fieldprint, Inc. has been contracted to provide all background and b) All departments being advised not to do business with Awardee. fingerprinting services.All questions pertaining to fingerprinting,photo identification and 59. CONE OF SILENCE:Any Bidder,or lobbyist for a Bidder,is prohibited from having any background check services must be directed to the Project Coordinator at 754-321-1830 communications jexcept as provided in this rule) concerning any solicitation for a or 754-321-2374.Each individual,for whom an SBBC photo identification badge is competitive procurement with any School Board member, the Superintendent, any requested,must be registered into the Fieldprint,Inc.applicant enrollment website. Evaluation Committee Member,or any other School District employee after Procurement A background check shall be conducted for each badge applicant.SBBC reserves the right and Warehousing Services releases a solicitation to the General Public. All to require additional information,should it be necessary,and to deny the issuance of a communications regarding this solicitation shall be directed to the designated Purchasing badge to an applicant.Any applicant,that has been denied a badge,is prohibited from Agent unless so notified by Procurement and Warehousing Services. This "Cone of entering SBBC property as an employee,sub-contractor or agent of a contract Awardee. Silence"period shall go into effect and shall remain in effect from the time of the release of Applicant enrollment and scheduling website is www.fieldprintflorida.com.The total the solicitation until the contract is awarded by SBBC.Further,any Awardee,its principals, fee(s)for the SBBC photo identification badge,fingerprinting and an FBI background check or their lobbyists shall not offer campaign contributions to School Board Members or offer can be found at the following website: contributions to School Board Members for campaigns of other candidates for political http://www.broward.k12.fl.us/police/pdf/seccle/FIELDPRINT CODES.pdf. Payment office during the period in which the Awardee is attempting to sell goods or services to options can be made by electronic check (e-check), Visa, MasterCard or use of an SBBC This period of limitation of offering campaign contributions shall commence at the established escrow account code.These fees are non-refundable and are subject to time of the"cone of silence"period for any solicitation for a competitive procurement as change without notice. Badges are issued for a one-year period and must be described by School Board Policy 3320,Part II,Section GG as well as School Board Policy renewed annually.The renewal date shall be one year from the date of issuance. 1007,Section 5.4—Campaign Contribution Fundraising. Any Bidder or lobbyist who Failure to renew the badge,at that time,shall result in the Awardee being required violates this provision shall cause their Bid (or that of their principal) to be to re-apply and pay the going rate for badging and fingerprinting. considered non-responsive and therefore be ineligible for award. Awardees shall return expired and/or terminated employee badges to the following 60.TERMINATION: This contract award may be terminated with or without cause by SBBC location:The School Board of Broward County,Florida,Attn:Fieldprint,Inc.,600 during the term hereof thirty(30)days after the Superintendent gives written notice to the S.E.31d Avenue,Fort Lauderdale,Florida 33301. other parties that a recommendation shall be made to SBBC for the contract award's termination. 61.EVALUATION AND BIDS: SBBC evaluates all Bids in accordance with Chapters 119.071 and 286.0113,Florida Statutes. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 6 Page 582 of 768 62.CONFIDENTIAL RECORDS: Notwithstanding any provision to the contrary within this Contract,any party contracting with SBBC under this Contract shall fully comply with the requirements of Sections 1002.22 and 1002.221,Florida Statutes, Family Educational Rights and Privacy Act (FERPA), and any other state or federal law or regulation regarding the confidentiality of student information and records.Each such party agrees, for itself,its officers,employees,agents,representatives,contractors or subcontractors, to fully indemnify and hold harmless SBBC and its officers and employees for any violation of this section, including, without limitation, defending SBBC and its officers and employees against any complaint,administrative or judicial proceeding,payment of any penalty imposed upon SBBC,or payment of any and all costs,damages,judgments or losses incurred by or imposed upon SBBC arising out of a breach of this covenant by the party,or an officer,employee,agent,representative,contractor,or sub-contractor of the party to the extent that the party or an officer,employee,agent,representative,contractor, or sub-contractor of the party shall either intentionally or negligently violate the provisions of this section or of Sections 1002.22 and/or 1002.221,Florida Statutes. Awardee agrees that it may create,receive from or on behalf of SBBC,or have access to, records or record systems that are subject to FERPA and/or HIPAA (collectively, the "Confidential Records"). Awardee represents,warrants,and agrees that it shall:(1)hold the Confidential Records in strict confidence and shall not use or disclose the Confidential Records except as(a)permitted or required by this Agreement,(b)required by law,or(c) otherwise authorized by the SBBC in writing;(2) safeguard the Confidential Records according to commercially reasonable administrative,physical and technical standards as required by law,and(3)continually monitor its operations and take any and all action necessary to assure that the Confidential Records are safeguarded in accordance with the terms of this Agreement.At the request of the SBBC,Awardee agrees to provide SBBC with a written summary of the procedures Awardee uses to safeguard the Confidential Records. A breach of these confidentiality requirements shall constitute grounds for the SBBC to terminate any Agreement with Awardee. 63. PROPRIETARY INFORMATION: Pursuant to Chapter 119, Florida Statutes, bids received as a result of this ITB shall not become public record until thirty(30)days after the date of opening or until posting of the recommendation for award,whichever occurs first. Thereafter, all bid documents or other materials submitted by all Bidders in response to this ITB shall be open for inspection by any person and in accordance with Chapter 119,Florida Statutes.To the extent,a Bidder asserts any portion of its bid is confidential and exempt,long with specific citations of the Florida Statutes establishing the confidentiality or exemption.Failure to identify the portions of the bid claimed to be exempt or the specific statutory authority establishing the exemption shall be deemed a waiver by the Bidder that any unidentified portion of the bid is confidential or exempt from disclosure under Chapter 119,Florida Statutes. Should a public record request for bid documents or other materials submitted by a Bidder be submitted,SBBC shall notify the contact person identified in the bid of the request in writing. The notice provided shall indicate that requested materials shall be produced unless,within ten(10)calendar days of the date of the written notification,the Awardee initiated an action in a court of competent jurisdiction to obtain an injunction or protective order prohibiting the release of the requested materials.The awardee shall name the party requesting the materials as a defendant and shall not name SBBC as a party to the action.Awardee agrees to hold SBBC harmless from any award to a plaintiff for damages,costs or attorney's fees based on nondisclosure of information asserted to be confidential and exempt. Failure to timely initiate the action shall be deemed a waiver by the Awardee that the requested information is confidential and exempt.Awardee agrees to waive any cause of action it may have against SBBC for the release of materials pursuant to a public record request except those based on the intentional or grossly negligent conduct of any employee of SBBC. Submission by a Bidder in response to this ITB shall be deemed as Bidder's consent to the foregoing conditions. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 7 Page 583 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 8 of 44 Pages SECTION 4, SPECIAL CONDITIONS 1. INTRODUCTION AND SCOPE:The School Board of Broward County, Florida(hereinafter referred to as"SBBC)desires bids on STORM SEWER&SEWER MAIN CLEANING AND REPAIRS as specified herein.The scope of requirements includes,but is not limited to,storm sewer and sewer main cleaning,grouting and providing video documentation showing completed work. The awardee will receive individual purchase orders. SBBC locations may issue open(blanket) Purchase Orders as required. Receipt of open orders does not authorize the release or shipment of any goods or service. For all open orders, items will be ordered on an as needed basis through the use of an order form. Shipments received as a result of an open order,where an order form has not been released,will not be accepted and no cost shall be incurred by SBBC as a result. One original,clearly marked,a hard-copy bid must be sent with the bid;one IDENTICAL to the original hard-copy, electronic version of the bid, in PDF Format on a flash drive with exception to the Bid Summary Spreadsheet,which must be both in the original PDF file as well as a separate attachment in an Excel(.xls)format,should be submitted in time for bid opening.If there is a discrepancy between the hard copy and the electronic copy,the original hard copy shall govern. 2. TERM:The award of this bid shall establish a contract for the period beginning 6/18/2020 and continuing through 5/31/2023. Bids shall not be considered for a shorter period of time. Items shall be ordered on an as-needed basis. If only one bid is received, the term of the contract shall be reduced to one year. 3. AWARD: In order to meet the needs of SBBC,each GROUP,as indicated on the Bid Summary Sheet,shall be awarded up to the three lowest responsive and responsible Bidders meeting specifications,terms,and conditions. The lowest Awardee for an item or group shall be considered the primary vendor and should receive the largest volume of work.Therefore, it is necessary to bid on every item in the group,and all items in the group must meet specifications in order to have the bid considered for award. Unit prices must be stated in the space provided on the Bid Summary Sheet. SBBC reserves the right to procure goods from the second and third lowest Bidders if a)the lowest Awardee cannot comply with delivery requirements or specifications;b)the lowest Awardee is not in compliance with delivery requirements or specifications on current or previous orders;c) in cases of emergency; d)or if it is in the best interest of SBBC.When a bid has multiple awardees,all awardees must agree to the same or lower Unit Prices submitted by the lower bidder. After award of this bid,any Awardee who violates any specification,term or condition of this bid can be found in default of its contract, have its contract canceled,be subject to the payment of liquidated damages,and be removed from the bid list and not be eligible to do business with SBBC for two years,as described in General Conditions 21 and 58. 4. INFORMATION: Any questions by prospective Bidders concerning this Invitation to Bid should be addressed to Edgar Lugo, Procurement and Warehousing Services,754-321-0508 or e-mail at edgar.lugo@browardschools.com who is authorized only to direct the attention of prospective Bidders to various portions of the bid so they may read and interpret such for themselves. Neither Edgar Lugo , nor any employee of SBBC, is authorized to interpret any portion of the bid or give information as to the requirements of the bid in addition to that contained in the written bid document. Questions should be submitted in accordance with General Condition 5. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to Bidders only by written Addendum. Any verbal or written information,which is obtained other than by information in this ITB document or by Addenda,shall not be binding on SBBC. 5. CONTRACT RENEWAL: The purpose of this bid is to establish a contract, at firm unit prices, for the purchase of estimated requirements for the items listed.The term of the bid shall be for three(3)year(s),and may,by mutual agreement between SBBC and the Awardee, be renewed for two additional one-year periods and, if needed, 90 days beyond the expiration date of the final renewal period. Procurement and Warehousing Services,will, if considering renewing, request a letter of intent to renew from each Awardee, prior to the end of the current contract period.The Awardee shall be notified when the recommendation has been acted upon by the School Board.All prices shall be firm through the period stated in Special Condition 14-Price Adjustments for the term of the contract.The Bidder(s)agrees to this condition by signing its bid. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 584 of 768 Page 8 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 9 of 44 Pages 6. QUANTITIES:The quantities listed on the Bid Summary Sheet are estimated quantities to be ordered throughout the contract period for each item and are not a guarantee.Actual quantities ordered throughout the contract period may be greater or less than the bid estimates and shall be furnished at the fixed contract price. Purchases shall be requested as needed throughout the contract period and as few as one each may be ordered at one time. 7. COMPANY REPRESENTATIVE: Bidder(s)should indicate, in the space provided on the Bid Summary Sheet,the name,address, telephone number, etc., of the representative who could make scheduled visits to the schools/departments and who shall be available,upon request,to resolve billing and delivery problems. 8. FORCE MAJEURE_Except for the provisions of this bid,each party shall be excused from performance under this bid only for such period of time as the failure to perform is caused by or attributable to any event or circumstance beyond the direct control of such party. It is further provided that if either party shall fail to make any delivery or perform any service required by this bid as a result of any such event or circumstances beyond its own direct control, it shall have the right to make such delivery or perform such service within a reasonable time after the cause of such delay has been removed,and the other party shall accept such deferred delivery or performance. 9. BIDDER'S QUALIFICATIONS: A. Licenses:The Awardee(s)must provide current copies of the following with the bid: Provide copies of the following: 1. Certificate of Competency issued by Broward County 2. Broward County Occupational License 3. Contractor's Underground Utility/License B. References: Please provide three references. They must be able to confirm that your firm has had at least two(2) years of continuous experience prior to the submission of this bid in the management and operation of sewer main cleaning,grouting and providing video documentation. Section 7,Attachment 7. C. Equipment: Bidder must have a minimum of two combination cleaner trucks,TV/grout trucks and one vacuum truck. 10. SUPPLIER DIVERSITY OUTREACH PROGRAM(SDOP):The SBBC has implemented a Supplier Diversity Outreach Program (SDOP)as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 3330, Supplier Diversity Outreach Program and Guidelines.S/M/WBE is defined as an enterprise whose annual revenues and number of employees shall be no greater than fifty percent(50%)of the small business size standards for its industry(ies)as established by the U.S.Small Business Administration and meets significant business presence requirements as defined in Policy 3330. SBBC Diversity Policy 1.5&Supplier Diversity Outreach Policy 3330 can be seen at website URL: broward.k12.fl.us/sbbcpolicies. Nondiscrimination: Each Bidder hereby certifies and agrees that the following information is correct: In preparing its response to this project,the Bidder has considered all proposals submitted from qualified,potential subcontractors and suppliers,and has not engaged in "discrimination"as defined in School Board Policy 3330—Supplier Diversity Outreach Program,Section DA.;to wit:discrimination in the solicitation,selection,or commercial treatment of any subcontractor,vendor,supplier,or commercial customer on the basis of race,color,religion,ancestry or national origin,sex,age,marital status,sexual orientation or on the basis of disability or other unlawful forms of discrimination. Without limiting the foregoing, "discrimination"also includes retaliating against any person or other entity for reporting any incident of"discrimination." Without limiting any other provision of the solicitation for responses on this project, it is understood and agreed that, if this certification is false,such false certification will constitute grounds for SBBC to reject the response submitted by the Bidder on this project,and terminate any contract awarded based on the response.As part of its response,the Bidder shall provide SBBC with a list of all instances within the immediate past four(4)years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that Bidder discriminated against its subcontractors,vendors,suppliers,or commercial customers,and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a response to SBBC,the Bidder agrees to comply with SBBC's Commercial Nondiscrimination Policy as described under its School Board Policy 3330—Supplier Diversity Outreach Program,Section D.1. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 585 of 768 Page 9 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 10 of 44 Pages INDUSTRY-SPECIFIC REMEDIAL AFFIRMATIVE PROCUREMENT INITIATIVES The Goal Setting Committee(GSC)has considered the following in the course of reaching a determination regarding which, M/WBE industry-specific remedial programs shall be applied to this solicitation and resulting contract: The Affirmative Procurement Initiative(API)implemented in this solicitation is the M/WBE Annual Aspirational Goals: The M/WBE Annual Aspirational Goals is a non-mandatory annual percentage goal for overall M/WBE prime and subcontract participation in School Board contracts.It is established each year by the Goal Setting Committee(GSC) based upon the MIWBE availability by industry in accordance with the District's 2015 MTA Disparity Study findings, along with relative M/WBE availability data to be collected by the School Board through its Centralized Bidder Registration(CBR)system,and the utilization of M/WBEs. The Proposer must identify itself as an SBBC-Certified M/WBE firm,by completing the Form 00475 and Form 00470(see Attachment A).The Statement of Intent submitted with the proposal reflects the intent to self-perform.Additionally, it will detail the scope of work and dollar amount to perform. Indicate the extent and nature of the firm's work with specificity,as it relates to the services as described in this ITB. Provide proof, in writing,that the M/WBE proposer is certified by The School Board of Broward County(SBBC), Florida. Any participation by firms not certified with SBBC at the time the proposal is due will not count towards the points for this solicitation. If you are not a SBBC Certified M/WBE Proposer state N/A on the form and return it with your Proposal. Failure of a proposer to commit and submit as required in the solicitation to satisfying the SBE subcontracting goal,shall render its response non-responsive to the M/WBE requirements. Please go to the following link to view the current list of SBBC-Certified firms: browardschools.com/Page/46981 11. INVOICES: Delivery copies, packing slips,and invoices to SBBC MUST include the following to permit SBBC to verify prices with this contract and expedite the use of material.FAILURE OF AN AWARDEE TO PROVIDE THIS INFORMATION SHALL RESULT IN EITHER THE INVOICE BEING RETURNED FOR CLARIFICATION OR A DELAY IN PROCESSING SAID INVOICE FOR PAYMENT. Invoices are to be mailed to District Maintenance,4210 N.W.10th Avenue, Fort Lauderdale,Florida 33309. A. Material release number OR the control number B. Purchase Order number C. A complete description of the items D. Itemized list price E. Total dollar amount shall be net 12. LEAD-FREE STATEMENT:All material supplied SBBC must be 100%lead-free. Bidder,by virtue of signing bid,certifies that only materials or equipment that is 100%lead-free shall be supplied to SBBC. No bid shall be considered unless this is agreed to by the Bidder. 13. SAFETY DATA SHEETS(SDS): Bidder,offering any toxic substances as defined in Florida Statute 1013.49 or as amended,shall furnish to Procurement and Warehousing Services, a Material Safety Data Sheet (SDS) as detailed below with the bid or upon request. Failure of the Bidder to provide SDS,as requested,shall result in the disqualification of Bidder for that bid item. SBBC reserves the right to reject the use of any product from this bid with due cause.All SDS submitted must be either an original, as received from the manufacturer or a legible copy made from the same. The awardee shall be responsible,during the term of the contract, to provide the SBBC Procurement and Warehousing Services or Risk Management Department with revised SDS on a timely basis,as appropriate. a. The SDS must include the following information in English: i. The chemical name and the common name of the toxic substance,where applicable. ii. The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire,explosion,corrosive interaction and reactivity; REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 586 of 768 Page 10 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 11 of 44 Pages 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. iii. The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. iv. The emergency procedure for spills,fire,disposal and first aid. v. A description, in lay terms,of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. vi. The year and month, if available,that the information was compiled and the name,address and emergency telephone number of the manufacturer responsible for preparing the information. Risk Management reserves the right to reject any SDS sheet regardless if the product offered is an approved product. A rejection of an SDS sheet shall result in the disqualification of the bid item. 14. PRICE ADJUSTMENTS: Prices offered shall remain firm through the first three years of the contract. A request for a price adjustment,with proper documentation justifying the adjustment,may be submitted, in writing,30 days before the third-anniversary date of the contract.Price adjustment requests shall be evaluated on an annual basis thereafter. Unit price adjustments must have written approval from SBBC before invoicing.Any unit price adjustment invoiced without written approval from SBBC shall not be paid,and the invoice returned to the Awardee for correction. Requests for price adjustments shall not exceed 3%per adjustment. SBBC reserves the right to request a reduction in contract prices equal to the percentage of change of the Consumer Price Index (CPI) in the event of a reduction.SBBC reserves the right to not renew any contract regardless of price considerations. Information on the CPI may be obtained from the Bureau of Labor Statistics at http://www.bis.gov or by contacting the Bureau directly. 15. PRICE REDUCTIONS: If, from date of bid opening, the Awardee either bids the same products at a lower price than offered to SBBC or reduces the price of the bid product,the lowest of these reduced prices shall be extended to SBBC. 16. PROTECTION OF PROPERTY: The Awardee shall at all times guard against damage and/or loss to the property of SBBC, and shall replace and/or repair any loss or damages unless such is caused by the SBBC. SBBC may withhold payment or make such deductions, as it might deem necessary to ensure reimbursement for loss and/or damages to the property through negligence of the Awardee. 17. PROTECTION OF WORK, PROPERTY,AND PERSONNEL: The Awardee shall at all times guard against damage and/or loss to the property of SBBC,and shall replace and/or repair any loss or damages unless caused by SBBC. SBBC may withhold payment or make such deductions,as it might deem necessary,to ensure reimbursement for loss and/or damages to the property through negligence of the Awardee.The Awardee shall take the necessary safety precautions to protect both personnel and property while the work is in progress. 18. DIVE EQUIPMENT, PLUGS AND PUMPING: If this equipment or services are needed, an authorized SBBC representative will request a quote from the primary Awardee. 19. POINT REPAIR: Items 27—34 request pricing for point repair. Materials which may be encountered include clay, cast iron and PVC pipe. All repairs shall match the existing material. For purposes of this bid,pricing for clay pipe may be used. 20. SUBCONTRACTING: Due to environmental and liability concerns,no subcontracting will be allowed. 21. W-9 FORMS:All Bidders are required to complete a W-9 form; it can be found at https://www.irs.gov/pub/irs-pdf/fw9.pdf,and submit with their bid. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 587 of 768 Page 11 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 12 of 44 Pages 22. ITB TIMELINE: a. Release of ITB: 2/11/2020 b. Written Questions due on or before 5:00 p.m. ET in Procurement&Warehouse Service Department: 2/19/2020 c. The bid is due on or before 2:00 p.m. ET in Procurement&Warehousing Service Department: 3/5/2020 Proposal Opening will be at: 7720 West Oakland Park Blvd.,Suite 323, Sunrise, Florida 33351-6704 d. Posting of Recommendation 3/12/2020 REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 588 of 768 Page 12 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 13 of 44 Pages SECTION 5, BID SUMMARY SHEET BID SUMMARY SHEET: Vendor MUST fill out the attached "Bid Summary Sheet" electronically with the corresponding price per unit of measure, as stated. No handwritten summary sheets will be accepted. COMPANY REPRESENTATIVE: Vendor MUST fill out the attached "Bid Summary Sheet" with the contact information. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 589 of 768 Page 13 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 14 of 44 Pages SECTION 6, BID SPECIFICATIONS 1. GENERAL REQUIREMENTS: The intent of this contract is to provide for cleaning and video inspections of gravity sewer mains throughout Broward County. There will be requirements for"tubing out"from the streets into backyards through fences and other obstacles to clean gravity or force sewer lines for teleinspection. 2. GUIDELINES: Operations are to be performed in accordance with the National Association of Sewer Service Companies (NASSCO) Specification Guidelines for Sewer Collection System Maintenance and Rehabilitation, eighth edition, January 1994 or as amended. 3. SCHEDULES:A detailed work schedule shall be submitted by the Awardee(s)and approved by SBBC before commencement of work each week. Should there be any changes in the schedule submitted by the Awardee(s), the Awardee(s) is to notify SBBC at once. SBBC reserves the right to make changes to the schedule as needed. 4. TRAFFIC CONTROL: The Awardee(s) shall be responsible for training and compliance with all OSHA standards pertaining to confined space entry and D.O.T. regulations for traffic control. SBBC's representative reserves the right to shut down any job site for unsafe conditions. 5. SERVICE RESPONSE: Service must begin within two (2) hours of notification. Awardee(s)who do not meet this requirement may be considered non-responsive. 6. EMERGENCY CALL OUT: Emergency call-out is responding on short notice to perform any of the services listed in this ITB. This may be required outside of normal working hours such as after 4:00 p.m. or on weekends or holidays. Emergency call out response time will be two (2) hours after initial contact with Awardee(s). The Awardee(s) should submit and maintain a valid emergency list consisting of no less than five (5) local contact numbers for no less than three (3) company representatives to be submitted with the bid or upon request. 7. CLEANING: The intent of sewer line cleaning shall be to remove sand,silt,dirt, roots, rags, grease and other material from the lines and restoring the line to a minimum 95%of the original vertical height of the pipe. All debris is to be removed from the downstream manhole using a vacuum extraction unit. The evaluation of the condition of these sewers depends extensively on the cleanliness of the lines; the importance of this operation is emphasized. Acceptance of sewer line cleaning shall be made upon the successful completion of the video inspection and must be to the satisfaction of SBBC. 8. MATERIAL REMOVAL: All rocks, sand, dirt, grease and other materials removed during the cleaning operation shall be removed at the downstream manhole of line section being cleaned. Passing material from manhole section to manhole section will be deemed unacceptable, unless instructed by SBBC in emergency situations. All debris from cleaning is to be removed with a vacuum extraction unit and disposed of by the Awardee(s) to a Department of Natural Resource Protection (DNRP) approved disposal site. Equipment used to remove debris is required to have necessary state and county licenses for transporting and dumping sewer debris. 9. ROOT REMOVAL: Roots shall be removed from any and all lines where root intrusion is a problem. This may be achieved by using root cutters, porcupines, (approved) chemical root treatment and/or high-velocity jet cleaners. Lines still containing heavy roots or blocked by roots will be deemed unacceptable and no payment will be made for that line section until all roots are removed. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 590 of 768 Page 14 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 15 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 10. CONDITIONS: It is recognized that there are some conditions, such as broken pipe and major blockages that prevent cleaning being accomplished or where additional damage could result if cleaning were to continue. Should such conditions be encountered, the Awardee(s) shall immediately notify SBBC. The Awardee(s)will not be required to clean those specific sewer sections unless so instructed by SBBC. 11. PRECAUTIONS: Cleaning precautions shall be taken in the use of cleaning equipment. When operating equipment which depends on water pressure to provide its cleaning force or tools which retard the flow in the sewer, precautions shall be taken to insure that the water pressure does not damage the surrounding area or cause flooding of public or private property being served by the sewer. In the event property damage does occur from water pressure during the cleaning operation, the Awardee(s) will be responsible to make restitution to the damaged party(ies). 12. JET VACUUM EQUIPMENT: All combination hydro-cleaning equipment shall be capable of removing dirt, sand, rocks, grease, debris and obstructions from gravity sewer lines. The equipment shall have a minimum of(3)three nozzles producing a scouring action of 15 to 45 degrees at a minimum of 2,000 PSI (pounds per square inch) in all size lines designated to be cleaned. The equipment must afford a high-velocity handgun to be used for washing and scouring the walls and floor of each manhole connected to sewer lines being cleaned. The equipment is required to be equipped with an anti-siphon filler device to prevent contamination of the water systems. The equipment shall carry its own water tank, auxiliary engines, pumps, hydraulically- driven hose reel and vacuum system to complete the cleaning operation. Any other equipment needed to facilitate easement cleaning shall be provided by the Awardee(s)at no cost to SBBC. 13. WATER SUPPLY: Water used for all work shall be furnished by SBBC, however, all water must be metered through SBBC's meter. Failure by the Awardee(s)to meter the water could result in his being fined or charged for estimated water used. 14. ACCEPTANCE OF CLEANING OPERATION: If the video inspection shows the cleaning to be unsatisfactory, the Awardee(s) shall be required to re-clean and re-inspect the sewer line until the cleaning is shown to be acceptable by the SBBC representative. In the areas where video inspection is not performed by the Awardee(s), SBBC, at its own discretion may film "clean only" lines and if found to be unsatisfactory, shall be re-cleaned by the Awardee(s) at no cost to SBBC. All lines which have sags or dips, to an extent that the video camera lens becomes submerged for three (3) or more linear feet during the inspection and if jetting is not able to evacuate the dip, the Awardee(s) shall pull a double squeegee and/or sponges through the lines in order to remove the water from those dips or sags. Water removal shall be performed until the camera lens is no longer submerged. This requirement may be waived by SBBC if the water in which the camera lens is submerged is clean enough to allow the identification of pipe defects, or heavy sand infiltration entering in the line section. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 591 of 768 Page 15 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 16 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 15. VIDEO INSPECTION: The color camera used for the inspection shall be one specifically designed and constructed for inspection of sewer lines. It shall be capable of panning 275 degrees and rotating 360 degrees to enable complete inspection of pipe periphery and lateral connections at the main. Lighting for the camera shall be sufficient to allow a clear picture of the entire periphery of the pipe and laterals. In no case shall the camera be pulled/crawled through the pipe at a speed greater than 30 ft./minute. If, during the inspection operation, the camera will not pass through the entire section of pipe, the Awardee(s)shall set up the equipment at the opposite manhole. It will be required that the Awardee(s) make use of a tractor/crawler to effect this process in the event the line has an obstruction. If the camera again fails to pass through the entire section of pipe, the inspection shall be considered complete. The importance of accurate distance measurement is emphasized. Measurements for location of defects shall be above ground by means of an electronic metering device. Marking of the cable, or the like, will not be acceptable. This information as well as accurate manhole numbers shall be recorded on the electronic video media for each line segment recorded. 16. SURVEY LOGS: Inspection reports shall be submitted in printed hardcopy and electronic data format using RJN lineview or an equivalent system. These records must clearly show the location of each infiltration point observed during the inspection. These reports must also include, but are not limited to the following: 1. Correct manhole numbers 2. Correct address of manhole 3. Pipe size, length and material 4. Manhole depth 5. Quarter section page number 6. Electronic video media number and index 7. Footage locations, descriptions and estimated leak rates for visible point sources of infiltration/inflow. 8. Footage locations and description of structural defects such as obstructions, any remaining root intrusion, offset joints, cracked pipe, holes, collapses, sags, protruding service connections and/or blockages in the pipe. All reports and electronic data MUST be submitted with the electronic video media on a weekly basis for review. RJN Linemate/Lineview is manufactured by the RJN Group, 200 West Front Street, Wheaton, IL 60187, Attention: Bill Kienzle 1-800-227-7828. The Awardee(s) shall discuss terminology to be used for this project with the SBBC representative so it will be compatible with terminology used by the Physical Plant Operations Department. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 592 of 768 Page 16 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 17 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 17. MANHOLE REPORTS: When performing video inspections or preventive maintenance cleaning, the Awardee(s) will be required to complete and submit a manhole inspection report for all manholes encountered. The report forms shall be supplied by SBBC for reproduction and will include, but are not limited to the following items: 1. Manhole condition 2. Rim and cover condition 3. Bench condition 4. Manhole depth 5. Rate of inflow/infiltration 6. Manhole size 7. Area subject to ponding NOTE: Due to some easement conditions the Awardee(s) will be responsible for arranging access to manholes as well as locating and uncovering them as needed. Any manholes located below grade are to be brought to the SBBC representative's attention in writing, so corrections can be made. 18. ELECTRONIC VIDEO MEDIA: The purpose of video recordings shall be to supply a visual and audio recording of lines inspected so they may be replayed at a later date. The video inspection shall be video recorded on high quality,VHS or DVD COLOR format tapes. All videotaping shall be performed at SP mode (standard play, 2 hours/tape or best quality speed on DVD). Each video recording shall be clearly labeled with the individual manhole numbers clearly listed in order of record. The video recordings are to be furnished to SBBC with a printed hard copy and electronic data inspection report at the completion of each week's work for review and will become the property of SBBC. 19. VOICE NARRATION:The Awardee(s)shall discuss the terminology to be used for audio narration operations with SBBC. The intent is to be compatible with terminology used by Physical Plant Operations Department. Use of non agreed upon standard terminology will be a cause for rejection and subsequently delay of payment. 20. ACCEPTANCE: Electronic video media displaying poor video quality will be deemed unacceptable and no payment will be made until lines are re-recorded. Poor video refers to, but is not limited to, the following: grease or debris on the lens, camera underwater, picture too dark, pictures unclear, poor/no audio, etc. 21. ENGINEERING INSPECTION: Video inspection refers only to inspection of newly installed pipe. No compensation will be paid for cleaning as this is the responsibility of the installation Awardee(s). It will be required for the Awardee(s) to make use of a tractor/crawler for this task. The electronic video media is to be given to Physical Plant Operations, furnished in color, using the VHS or DVD format and delivered to SBBC within forty-eight hours of actual inspection. 22. CHEMICAL GROUTING: The intent of chemical sealing is to eliminate sources or possible sources of inflow/infiltration within the sewer system by means of injection. The application of the sealing grout shall be by means of remote-controlled equipment designed to be positioned at the specific defect to be sealed. Sufficient pressure must be introduced to pass the grout through the opening and fill the voids outside the pipe/manhole as well as the opening in the pipe/manhole walls. All line segments to be grouted shall be air tested and video recorded on VHS tapes or DVD media for review. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 593 of 768 Page 17 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 18 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 23. JOINT SEALING EQUIPMENT: The basic equipment shall consist of the following: closed circuit TV system, grout tanks, pumps, regulators, valves, hoses and joint sealing packers for the various sizes of pipe. The packer shall be a cylindrical case with a smaller diameter than the pipe size with cables at either end to pull it through the line. The packer shall also be constructed in such a manner as to allow a restricted amount of sewage flow at all times. 24. LATERAL SEALING EQUIPMENT: Lateral sealing packers will also be available to seal laterals 4 inches and 6 inches from within the main line. The lateral sealing inversion tube shall reach a minimum of 4 feet into the lateral. If this method is unable to be utilized, a lateral packer will be made available to seal laterals by entering the pipe through the cleanout. The Awardee(s)shall also be able to seal "Siamese Laterals" (8" x 6"tee)from within the mainline. 25. SEALING RECORDS: Sealing reports shall be submitted in printed hard copy and electronic data format using RJN lineview or an equivalent system. These records must clearly show the location of each infiltration point sealed during the procedure. These reports must also include, but are not limited to the following: 1. Correct manhole numbers 2. Correct address of manhole 3. Pipe size, length and material 4. Manhole depth 5. Quarter section page number 6. Electronic video media number and index 7. Footage locations, descriptions and estimated leakage rates for visible point sources of infiltration inflow. 8. Footage locations and descriptions of structural defects such as obstructions, any remaining root intrusion, offset joints, cracked pipe, holes, collapses, sags, protruding service connections and/or blockages in the pipe. 26. ACCEPTANCE: The entire process of sealing joints shall be video recorded including before and after the procedure. Joints will be pressure tested for the effectiveness of the grout and recorded on the electronic video media. Any failed post test or visible infiltration shall not be approved and will delay payment. All chemical sealing shall be guaranteed for a minimum of one calendar year. 27. MANHOLE SEALING: The intent of chemical sealing is to eliminate sources or possible sources of inflow/infiltration within the manhole structure by means of injection. Manhole sealing shall include the manhole base, walls, corbel/cone and chimney. 28. MANHOLE SEALING EQUIPMENT: The basic equipment shall consist of grout tanks, pumps, regulators, valves, hoses and all other necessary equipment and tools required to seal manholes. All injection points are to be filled with a cementious mortar and made smooth. All cementious mortars used are to be a non- shrinking type. 29. MANHOLE SEALING ACCEPTANCE: All manholes grouted will be inspected by SBBC for infiltration and no payment will be made until sealing is completed to stop all infiltration. All sealing of manholes shall be guaranteed for a minimum of one calendar year. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 594 of 768 Page 18 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 19 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 30. GROUT PIPE IN PLACE FOR ABANDONMENT:The intent of this item is to grout fill pipe in place to remove it from service. These pipes will be, but are not limited to, water mains, sanitary sewer gravity mains and force mains. The Awardee(s) will be responsible for supplying and installing end plugs, inlet/vent piping, grout, pumps, hoses, mixers and all other necessary and miscellaneous items required for completely filling the selected pipe with non-shrink cementious grout. The pipe shall be square cut at both ends and grout plugs installed with inlet/vent pipes at each end. The grout shall then be pumped into the pipe from the inlet end, pushing out all air and water from the line, until the grout exits the vent pipe at the other end. Only when grout is observed exiting the vent pipe will the line be considered completed and payment approved. 31. CHEMICAL SEALING MATERIALS: Chemical sealing materials used shall be AV-100 acrylamide grout or AV-118 duriflex plus activators, initiators and inhibitors recommended by the manufacturer Avanti International, Houston, Texas, or equivalent. 32. CURED-IN-PLACE SECTION PIPE LINING: This work will take place in installations of point repairs in 8" - 12" host pipes in various locations throughout Broward County. The repair system used will be chemically resistant to raw sewage and hydrogen sulfide when cured. The liner shall be fabricated from fiberglass matting material, fully impregnated with an epoxy resin and fitted to a size that when installed, will neatly fit the internal circumference of the host pipe being repaired. This installation will bring back the structural integrity of the host pipe and stop any infiltration caused by the damaged pipe. In general the liner will be a minimum of three feet and a maximum of eight feet. The liner shall overlap all damaged pipe zones by at least twelve inches. The cured-in-place sectional pipe liner used shall be New life Systems manufactured by Stephen's Technologies, Inc. or equivalent. All equivalent systems shall have been manufactured for a minimum of five years and have been installed in approximately 200 locations at various municipal entities nationwide. (References may be required) The liner shall be designed in accordance with ASTM F1216 or as amended and resist buckling. After the sectional liner has been cured in place, the Awardee(s)shall reconnect the service connections as needed when covered by the repair. Cutting of the liner pipe shall be done from the interior of the pipeline using a robotic cutter. The hole, when cut for reconnection, shall be neat and smooth in order to prevent a blockage at the service connection. Cut-out connections shall be opened to a minimum of 95 percent of the flow capacity of the building connection. All liner remnants shall be recovered at the downstream manhole and removed. Any active leaks at the reconnected lateral (between the liner and the existing pipe) shall be grouted. 33. CLEANING PRIOR TO LINING: Prior to any lining of a pipe, it shall be responsibility of the Awardee(s) to clean the line in accordance with section 6, Items 8 - 15 of these specifications. Cleaning prior to lining shall be considered as part of the lining process and no additional compensation will be made. 34. TELEVISION SURVEY FOR LINER INSTALLATION: Pre-installation television survey shall be performed in accordance with Section 6, Items 16 -22, of these specifications. A post-construction video survey shall also be performed for the purpose of inspecting the finished installation of the liner only. Pre and post installation television surveys shall be considered as part of the lining process and no additional compensation will be made. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 595 of 768 Page 19 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 20 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 35. BY-PASS PUMPING OF SEWAGE: The purpose of a by-pass operation is to pump sewage around a manhole or section of sewer which has collapsed or has a blockage to the extent that the sewage will not pass through the line and the possibility of overflow, determined by SBBC, is eminent. The Awardee(s)shall provide at a minimum, a 6"pump with suction and discharge lines capable of bypassing a line section a minimum of 500 feet at peak flow conditions. This work may be required by SBBC after regular working hours or on weekends as an emergency. 36. REPAIRS DUE TO AWARDEFS OPERATIONS: The Awardee(s) shall be responsible for repairs to the sewers which are necessary due to damage caused by the Awardee(s) operations including irretrievable equipment. Such repairs will be considered as part of the work and no extra compensation will be made. The damaged area shall be repaired by the Awardee(s)according to SBBC specifications. The Awardee(s) shall be responsible for all damages, public or private, caused by his operations. If the Awardee(s)fails to make necessary repairs immediately, SBBC shall have the right to make the repair or have the repair made and charge the Awardee(s)all costs incurred, including administrative costs and overhead. SBBC may also charge the Awardee(s)for any fines or penalties imposed due to such damage. 37 SCOPE A. Payment for various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the CONTRACTOR forfurnishing all tools,equipment,supplies, and manufactured articles, and for all labor operations and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the WORK all in accordance with requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor(OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenance items of work. B. Payment for the various items of the Bid Schedule shall constitute full compensation for CONTRACTOR's superintendent at the job site full-time during construction, for furnishing and installing all pipe and structures complete in place including but not limited to bends, tees, outlets, fittings, blind flanges and specials, including connections to existing pipelines shown on the Drawings; including surveying both horizontal and vertical control for construction of the roadways, structures, pipeline and appurtenances; including all earthwork, trench excavation as shown on the Drawings, removal and disposal of waste, unsuitable and excess material, furnishing and installing pipe bedding material, all backfill and compaction of native material, and dewatering as required; including potholing to verify locations of existing utilities; the restoration of interfering portions of existing service and utility lines that are not included in other bid items and shown on the Drawings, including replacement of sewer lines with ductile iron pipe where the minimum vertical clearances are not met for the sewer line shown; restraint of pipe shown on the Drawings and grouting of pipe joints; including providing the water for pressure testing, cleaning the pipe and disinfection, and disposal of the water as required when completed;furnishing, installation, and removal of test heads, cleanup; and restoration of all improvements incidental to construction for which there are no other bid REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 596 of 768 Page 20 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 21 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) items; including but not limited to, sprinkler systems, drainage systems, guardrails, landscaping, fences, curbs and gutters, and all other work not included in other bid items. C. Payment shall also include providing the necessary equipment and manpower to pothole and verify depths and locations of existing utilities sufficiently ahead of construction to avoid conflicts with the design alignment and grade of the transmission and collection pipelines. Conflicts with utilities shown on the Drawings which result from the CONTRACTOR's negligence to pothole sufficiently ahead of construction (a minimum of two (2)days ahead of construction of the pipeline or as approved by the ENGINEER)shall be resolved by the CONTRACTOR at no additional cost to the OWNER. D. Payment for all bid items shall constitute full compensation for the complete installation of each bid item including but not limited to excavation, dewatering, backfill and compaction. The work shall include for all bid items to be completed, tested and ready for acceptance by the appropriate government agency. E. No separate payment for pavement restoration will be made unless specifically shown on the plans or directed by the ENGINEER. All bid items shall include pavement restoration. 38 SEWER CLEANING IN 6" —24" PIPE A. Measurement and payment to clean sewer pipe will be based upon the actual linear feet of pipe cleaned, in accordance with the requirements of the Contract Documents. B. Payment for cleaning pipe will be made at the price bid, per linear foot, named in the Bid Schedule, which price shall constitute full compensation for the cleaning of gravity pipe, including but not limited to removal and disposal of material contained within the sewer pipe, and any restoration work required to restore the area around the pipe disturbed during the cleaning operation. 39 VIDEO RECORDING OF STORM SEWER(ALL SIZES) FOR ENG. INSPECTION A. Measurement and payment for providing video inspection of pipe will be based upon the actual linear feet of pipe video inspected, in accordance with the requirements of the Contract Documents. B. Payment for Video Recording of Storm Sewer for Engineer Inspection will be made at the price bid, per linear foot, named in the Bid Schedule, which price shall constitute full compensation for Video Recording of Sewer Main for Engineer Inspection, including but not be limited to, mobilization of video equipment,video inspection, preparation of a report summarizing all of the findings in the video inspection, providing 2 copies of all video inspection recorded and all related labor and materials. CONTRACTOR will be responsible for all coordination and scheduling of video inspection services. All inspections are to be observed by the ENGINEER. Additional video inspection required due to quality of the footage and/or cleanliness of the pipe will be provided at no additional cost to the School Board of Broward County. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 597 of 768 Page 21 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 22 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 40 CLEAR OBSTRUCTION OR BLOCKAGE IN SANITARY OR STORM SEWER A. Measurement and payment to Clear Obstruction or Blockage In Sanitary or Storm Sewer pipe will be based upon the actual hours spent to clear the obstruction or blockage, in accordance with the requirements of the Contract Documents. B. Payment for clearing pipe will be made at the price bid, per hour, named in the Bid Schedule, which price shall constitute full compensation for the clearing of storm or sewer pipe, including but not limited to removal and disposal of material contained within the pipe, and any restoration work required to restore the area around the pipe disturbed during the clearing operation. 41 EMERG. CALL OUT DAY OR NIGHT FOR ALL CONTRACT ITEMS WITHIN 2 HRS. A. Measurement and payment will be based upon the actual hours spent during the emergency, in accordance with the requirements of the Contract Documents. B. Payment will be made at the price bid, per hour, named in the Bid Schedule, which price shall constitute full compensation for the entire time it takes to remedy the emergency situation. If any work completed during this time is covered by an existing line item, then that specific work shall be invoiced per the price listed in the bid schedule in addition to the per hour price for emergency call out. 42 GROUTING OF LEAKING JOINT IN PIPE A. Measurement for payment for Grouting of Joint in Drainage Pipe will be based upon the actual quantity, per each, of such joints grouted, all in accordance with the requirements of the Contract Documents. B. Payment for Grouting of Joint in Drainage Pipe will be made at the unit price per each named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the grouting including but not limited to excavation, dewatering, backfilled compaction, construction of the plug, and restoration and all else necessary for a complete and functional installation. 43 GROUTING OF LEAKING MANHOLES A. Measurement for payment for Grouting of Leaking Manholes will be based upon the actual vertical feet of manhole sealed and recoated. Grouting of Leaking Manholes shall be measured along the center vertical length of the manhole, all in accordance with the requirements of the Contract Documents. B. Payment for Grouting of Leaking Manholes shall be made at the price bid, per vertical feet named in the Bid Schedule which price shall constitute full compensation for the completed Grouting of Leaking Manholes and shall include but not be limited to, all labor, equipment, services, supervision and materials for Grouting of Leaking Manholes. The work shall include all surface preparation, leak repair, crack repair, installation of the coating in accordance with the manufacturer's recommendations, and inspection of the finished coating system. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 598 of 768 Page 22 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 23 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 44 GROUTING OF LEAKING LATERALS A. Measurement for payment to Grout of Leaking Laterals will be based upon the actual linear feet of lateral grouted all in accordance with requirements of the Contract Documents. B. Payment for Grout of Leaking Laterals will be made at the unit price per linear feet named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the grouting including but not limited to excavation, dewatering, backfilled compaction, construction of the plug, and restoration and all else necessary for a complete and functional installation. 45 CLEANING OF 12" -24" STORM SEWER A. Measurement and payment to clean and desilt existing drainage pipe will be based on linear feet of pipe cleaned and desilted, in accordance with the requirements of the Contract Documents. B. Payment for cleaning pipe will be made at the price bid, per linear foot, named in the Bid Schedule, which price shall constitute full compensation for the cleaning of gravity pipe, including but not limited to removal and disposal of material contained within the sewer pipe, and any restoration work required to restore the area around the pipe disturbed during the cleaning operation. 46 ROOT OR GREASE REMOVAL A. Measurement for payment for Root or Grease Removal shall be measured in actual linear feet of sanitary sewer mains (< 12-inch diameter) satisfactorily cleaned by removing roots from the interior of the main and de-scaling the main. Measurement shall be along the length of the centerline of sewer, which cleaning was performed, between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole and not including the manhole chamber, in accordance with Contract Documents. B. Payment for Root or Grease Removal will be made at the price bid, per linear foot, named in the Bid Schedule, which price shall constitute full compensation for the Root or Grease Removal, including but not limited to all labor, materials, and equipment necessary to satisfactorily remove roots from the interior of the main and de-greasing the main including water, hoses, and nozzles; mechanical methods of root removal and grease removal, all herbicides or chemical treatment, protection of property, restoration and clean-up. 47. CLEANING OF 30" -42" STORM SEWER A. Measurement for payment to clean and desilt existing drainage pipe will be based on linear feet of pipe cleaned and desilted, in accordance with the requirements of the Contract Documents. B. Payment for cleaning pipe will be made at the price bid, per linear foot, named in the Bid Schedule, which price shall constitute full compensation for the cleaning of gravity pipe, including but not limited to removal and disposal of material contained within the sewer pipe, and any restoration work required to restore the area around the pipe disturbed during the cleaning operation. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 599 of 768 Page 23 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 24 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 48. CLEANING OF 48" -60" STORM SEWER A. Measurement for payment to clean and desilt existing drainage pipe will be based on linear feet of pipe cleaned and desilted, in accordance with the requirements of the Contract Documents. B. Payment for cleaning pipe will be made at the price bid, per linear foot, named in the Bid Schedule, which price shall constitute full compensation for the cleaning of gravity pipe, including but not limited to removal and disposal of material contained within the sewer pipe, and any restoration work required to restore the area around the pipe disturbed during the cleaning operation. 49. CLEANING STORM SEWER CATCH BASIN MANHOLES 1 FT-6 FT DEEP A. Measurement for payment to clean and desilt existing drainage structure will be based upon the actual number, per each, of such structures cleaned, in accordance with the requirements of the Contract Documents. C. Payment for cleaning and desilting existing drainage structure will be made at the unit price bid per each named in the Bid Schedule, which price shall constitute full compensation for the cleaning of existing drainage structure, including but not limited to removal and disposal of material contained within the existing drainage structure, and any restoration work required to restore the area around the existing drainage structure disturbed during the cleaning operation. 50. CLEANING STORM SEWER CATCH BASIN MANHOLES 6 FT 1" - 10 FT DEEP A. Measurement for payment to clean and desilt existing drainage structure will be based upon the actual number, per each, of such structures cleaned, in accordance with the requirements of the Contract Documents. B. Payment for cleaning and desilting existing drainage structure will be made at the unit price bid per each named in the Bid Schedule, which price shall constitute full compensation for the cleaning of existing drainage structure, including but not limited to removal and disposal of material contained within the existing drainage structure, and any restoration work required to restore the area around the existing drainage structure disturbed during the cleaning operation. 51. CLEANING STORM SEWER CATCH BASIN MANHOLES 10 FT 1" - 16 FT DEEP A. Measurement for payment to clean and desilt existing drainage structure will be based upon the actual number, per each, of such structures cleaned, in accordance with the requirements of the Contract Documents. B. Payment for cleaning and desilting existing drainage structure will be made at the unit price bid per each named in the Bid Schedule, which price shall constitute full compensation for the cleaning of existing drainage structure, including but not limited to removal and disposal of material contained within the existing drainage structure, and any restoration work required to restore the area around the existing drainage structure disturbed during the cleaning operation. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 600 of 768 Page 24 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 25 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 52. DEWATERING WITH 3" CENTRIFUGAL PUMP WITH 20 FT SUCTION/100 FT DISCHARGE HOSE A. Measurement for payment for supplying a Centrifugal pump will be based upon the actual quantity, per each, of such pumps supplied, all in accordance with the requirements of the Contract Documents. B. Payment for supplying Centrifugal pumps will be made at the unit price per each for 24 hours named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the pump. Pump shall be in good working order including but not limited to fuel supply and functional dewatering and all else necessary for a complete and functional installation. 53. DEWATERING WITH 4" CENTRIFUGAL PUMP WITH 20 FT SUCTION/100 FT DISCHARGE HOSE A. Measurement for payment for supplying a Centrifugal pump will be based upon the actual quantity, per each, of such pumps supplied, all in accordance with the requirements of the Contract Documents. B. Payment for supplying Centrifugal pumps will be made at the unit price per each for 24 hours as named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the pump. Pump shall be in good working order including but not limited to fuel supply and functional dewatering and all else necessary for a complete and functional installation. 54. 3" DISCHARGE HOSE 100 FT SECTIONS A. Measurement for payment supplying a discharge hose will be based upon the actual quantity, per each, of such 100 foot sections supplied, all in accordance with the requirements of the Contract Documents. B. Payment for supplying discharge hose will be made at the unit price per each for 24 hours as named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the hose. Hose shall be in good working order including but not limited to functional connections and all else necessary for a complete and functional installation. 55. 4" DISCHARGE HOSE 100 FT SECTIONS A. Measurement for payment supplying a discharge hose will be based upon the actual quantity, per each, of such 100 foot sections supplied, all in accordance with the requirements of the Contract Documents. B. Payment for supplying discharge hose will be made at the unit price per each for 24 hours as named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the hose. Hose shall be in good working order including but not limited to functional connections and all else necessary for a complete and functional installation. 56. SUCTION HOSE 100 FT SECTIONS A. Measurement for payment supplying a suction hose will be based upon the actual quantity, per each, of such 100 foot sections supplied, all in accordance with the requirements of the Contract Documents. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 601 of 768 Page 25 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 26 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) B. Payment for supplying suction hose will be made at the unit price per each for 24 hours as named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the hose. Hose shall be in good working order including but not limited to functional connections and all else necessary for a complete and functional installation. 57. POINT REPAIR(8" PIPE) UP TO 9 LINEAR FEET A. Measurement for payment for Sanitary Sewer Point Repair shall be made per actual number of repairs of sanitary sewer main for various depths satisfactorily repaired, all in accordance with the requirements of the Contract Documents. B. Payment will be made at the contract lump sum price bid as stated in the Bid Schedule for Sanitary Sewer Point Repair, and shall include all labor, materials, and equipment necessary to repair the existing sanitary sewer including coordination with existing utilities; protection of existing utilities including service connections, tree protection, excavation, sheeting, shoring and bracing, dewatering, completely drain and properly dispose of existing pipe contents, removal of existing damaged sanitary sewer, piping, fittings, backfill, compaction, and grading, post-installation video, repair of sags in line, all testing, restoration and clean-up. This item also includes removal and replacement of fences and gates, mailboxes, trees, shrubs, irrigation sprinklers, sod and other obstructions. 58. ADDITIONAL CHARGE (8" PIPE) PER LINEAR FOOT A. Measurement for payment for furnishing pipe will be based upon the number of linear feet of such pipe actually supplied as determined by measurement along the centerline of the pipe, all in accordance with the requirements of the Contract Documents. B. Payment for furnishing pipe will be made at the unit price per linear foot of pipe named in the Bid Schedule. C. Payment shall include providing all necessary pipe, delivery and staging, as required. 59. POINT REPAIR(10" PIPE) UP TO 9 LINEAR FEET A. Measurement for payment for Sanitary Sewer Point Repair shall be made per actual number of repairs of sanitary sewer main for various depths satisfactorily repaired, all in accordance with the requirements of the Contract Documents. B. Payment will be made at the contract lump sum price bid as stated in the Bid Schedule for Sanitary Sewer Point Repair, and shall include all labor, materials, and equipment necessary to repair the existing sanitary sewer including coordination with existing utilities; protection of existing utilities including service connections, tree protection, excavation, sheeting, shoring and bracing, dewatering, completely drain and properly dispose of existing pipe contents, removal of existing damaged sanitary sewer, piping, fittings, backfill, compaction, and grading, post-installation video, repair of sags in line, all testing, restoration and clean-up. This item also includes removal and REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 602 of 768 Page 26 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 27 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) replacement of fences and gates, mailboxes, trees, shrubs, irrigation sprinklers, sod and other obstructions. 60. ADDITIONAL CHARGE (10" PIPE) PER LINEAR FOOT A. Measurement for payment for furnishing pipe will be based upon the number of linear feet of such pipe actually supplied as determined by measurement along the centerline of the pipe, all in accordance with the requirements of the Contract Documents. B. Payment for furnishing pipe will be made at the unit price per linear foot of pipe named in the Bid Schedule. C. Payment shall include providing all necessary pipe, delivery and staging, as required. 61. POINT REPAIR(12" PIPE) UP TO 9 LINEAR FEET A. Measurement for payment for Sanitary Sewer Point Repair shall be made per actual number of repairs of sanitary sewer main for various depths satisfactorily repaired, all in accordance with the requirements of the Contract Documents. B. Payment will be made at the contract lump sum price bid as stated in the Bid Schedule for Sanitary Sewer Point Repair, and shall include all labor, materials, and equipment necessary to repair the existing sanitary sewer including coordination with existing utilities; protection of existing utilities including service connections, tree protection, excavation, sheeting, shoring and bracing, dewatering, completely drain and properly dispose of existing pipe contents, removal of existing damaged sanitary sewer, piping, fittings, backfill, compaction, and grading, post-installation video, repair of sags in line, all testing, restoration and clean-up. This item also includes removal and replacement of fences and gates, mailboxes, trees, shrubs, irrigation sprinklers, sod and other obstructions. 62. ADDITIONAL CHARGE (12" PIPE) PER LINEAR FOOT A. Measurement for payment for furnishing pipe will be based upon the number of linear feet of such pipe actually supplied as determined by measurement along the centerline of the pipe, all in accordance with the requirements of the Contract Documents. B. Payment for furnishing pipe will be made at the unit price per linear foot of pipe named in the Bid Schedule. C. Payment shall include providing all necessary pipe, delivery and staging, as required. 63. POINT REPAIR(15" PIPE) UP TO 9 LINEAR FEET A. Measurement for payment for Sanitary Sewer Point Repair shall be made per actual number of repairs of sanitary sewer main for various depths satisfactorily repaired, all in accordance with the requirements of the Contract Documents. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 603 of 768 Page 27 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 28 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) B. Payment will be made at the contract lump sum price bid as stated in the Bid Schedule for Sanitary Sewer Point Repair, and shall include all labor, materials, and equipment necessary to repair the existing sanitary sewer including coordination with existing utilities; protection of existing utilities including service connections, tree protection, excavation, sheeting, shoring and bracing, dewatering, completely drain and properly dispose of existing pipe contents, removal of existing damaged sanitary sewer, piping, fittings, backfill, compaction, and grading, post-installation video, repair of sags in line, all testing, restoration and clean-up. This item also includes removal and replacement of fences and gates, mailboxes, trees, shrubs, irrigation sprinklers, sod and other obstructions. 64. ADDITIONAL CHARGE (15" PIPE) PER LINEAR FOOT A. Measurement for payment for furnishing pipe will be based upon the number of linear feet of such pipe actually supplied as determined by measurement along the centerline of the pipe, all in accordance with the requirements of the Contract Documents. B. Payment for furnishing pipe will be made at the unit price per linear foot of pipe named in the Bid Schedule. C. Payment shall include providing all necessary pipe, delivery and staging, as required. 65. 6"VACUUM ASSISTED POINT PUMP, DELIVERED TO THE JOB SITE A. Measurement for payment for Vacuum Assisted Point Pump will be based upon the actual quantity, per each, of such pumps supplied, all in accordance with the requirements of the Contract Documents. B. Payment for supplying Vacuum Assisted Point Pump will be made at the unit price per each for 24 hours as named in the Bid Schedule,which price shall constitute full compensation for the completed installation of the pump. Pump shall be in good working order including but not limited to fuel supply and functional dewatering and all else necessary for a complete and functional installation. 66. BYPASS PUMPING OF SEWAGE FOR COLLAPSED/BLOCKED LINE WITH 6" PUMP, 20 FT SUCTION AND MINIMUM 600 FT DISCHARGE HOSE A. Measurement for payment for Bypass Pumping shall be based on the complete bypass operation in accordance with the School Board of Broward County requirements and specifications. B. Payment of the applicable Contract lump sum price shall be full compensation for furnishing all labor, materials, equipment as necessary for bypass operations and contingency plan as required, including pumps, piping, and hoses; tankers; temporary bypass and service piping; hauling and proper disposal of wastewater; plugging;gasoline/diesel fuel; protection of existing facilities, utilities, and property;traffic maintenance; signs and barriers; and all incidental work required to satisfactorily complete this item. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 604 of 768 Page 28 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 29 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 67. GROUT 6" PIPE IN PLACE FOR ABANDONMENT A. Measurement for payment for Abandon-in-Place Pipe, regardless of material, shall be measured in actual linear feet satisfactorily abandoned-in-place in accordance with the Contract Documents. Pipe abandonment shall be measured along the centerline without deduction for valves and fittings. B. Payment will be made at the contract unit price bid per linear feet as stated in the Bid Schedule for Abandon-in-Place Pipe and shall include all labor, materials, and equipment to excavate, backfill and compact; sheet, shore, and brace; dewater; completely drain and properly dispose of pipe contents; grout fill, and plug or cap existing pipes of all services and sizes designated "to be abandoned" on the Drawings. Also included in this item is the removal of existing valve boxes located on valves connected to piping designated to be retired. Valve boxes shall be removed, backfilled and compacted with suitable material. 68. GROUT 8" PIPE IN PLACE FOR ABANDONMENT A. Measurement for payment for Abandon-in-Place Pipe, regardless of material, shall be measured in actual linear feet satisfactorily abandoned-in-place in accordance with the Contract Documents. Pipe abandonment shall be measured along the centerline without deduction for valves and fittings. B. Payment will be made at the contract unit price bid per linear feet as stated in the Bid Schedule for Abandon-in-Place Pipe and shall include all labor, materials, and equipment to excavate, backfill and compact; sheet, shore, and brace; dewater; completely drain and properly dispose of pipe contents; grout fill, and plug or cap existing pipes of all services and sizes designated "to be abandoned" on the Drawings. Also included in this item is the removal of existing valve boxes located on valves connected to piping designated to be retired. Valve boxes shall be removed, backfilled and compacted with suitable material. 69. GROUT 10" PIPE IN PLACE FOR ABANDONMENT A. Measurement for payment for Abandon-in-Place Pipe, regardless of material, shall be measured in actual linear feet satisfactorily abandoned-in-place in accordance with the Contract Documents. Pipe abandonment shall be measured along the centerline without deduction for valves and fittings. B. Payment will be made at the contract unit price bid per linear feet as stated in the Bid Schedule for Abandon-in-Place Pipe and shall include all labor, materials, and equipment to excavate, backfill and compact; sheet, shore, and brace; dewater; completely drain and properly dispose of pipe contents; grout fill, and plug or cap existing pipes of all services and sizes designated "to be abandoned" on the Drawings. Also included in this item is the removal of existing valve boxes located on valves connected to piping designated to be retired. Valve boxes shall be removed, backfilled and compacted with suitable material. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 605 of 768 Page 29 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 30 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 70. GROUT 12" PIPE IN PLACE FOR ABANDONMENT A. Measurement for payment for Abandon-in-Place Pipe, regardless of material, shall be measured in actual linear feet satisfactorily abandoned-in-place in accordance with the Contract Documents. Pipe abandonment shall be measured along the centerline without deduction for valves and fittings. B. Payment will be made at the contract unit price bid per linear feet as stated in the Bid Schedule for Abandon-in-Place Pipe and shall include all labor, materials, and equipment to excavate, backfill and compact; sheet, shore, and brace; dewater; completely drain and properly dispose of pipe contents; grout fill, and plug or cap existing pipes of all services and sizes designated "to be abandoned" on the Drawings. Also included in this item is the removal of existing valve boxes located on valves connected to piping designated to be retired. Valve boxes shall be removed, backfilled and compacted with suitable material. 71. USE OF 6" SLOAN PUMP A. Measurement for payment for supplying a Sloan pump will be based upon the actual quantity, per each, of such pumps supplied, all in accordance with the requirements of the Contract Documents. B. Payment for supplying Sloan pumps will be made at the unit price per each for 24 hours as named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the pump. Pump shall be in good working order including but not limited to fuel supply and functional dewatering and all else necessary for a complete and functional installation. 72. MATERIAL DISPOSAL A. Measurement for payment of Material Disposal shall be measured in actual cubic yards removed and disposed of in accordance with the School Board of Broward County requirements and specifications. Extra volume beyond the limits of construction will not be measured for payment. The Contractor shall provide survey calculations to verify actual removed quantities. B. Payment: Payment will be made at the contract unit price bid per cubic yard as stated in the proposal and shall include all labor, materials and equipment to remove and dispose of unsuitable material including the removal of overburden. 73. CONCRETE REPAIRS A. Measurement for payment for Concrete Repairs shall be measured in actual square yards of concrete removed and replaced. Dimensions of replaced concrete shall match that of the existing. Replaced portions shall conform to the lines and grades of the removed portions. B. Payment for Concrete Repairs will be made at the unit price per square yard as stated in the Bid Schedule for concrete repairs and shall include all labor, materials, and equipment for saw-cutting, removal and proper disposal of existing concrete, compaction, form work, concrete replacement, restoration, and clean-up for a complete installation. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 606 of 768 Page 30 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 31 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) 74. CONCRETE COLLARS A. Measurement for payment for Concrete Collars shall be measured in actual square yards of concrete installed. Dimensions of concrete collars shall match those specified by the School Board of Broward County. Concrete Collars shall conform to the lines and grades of the surrounding area and as specified by the School Board of Broward County. B. Payment for concrete collars will be made at the unit price per square yard as stated in the Bid Schedule for concrete collars and shall include all labor, materials, and equipment for saw-cutting, removal and proper disposal of existing concrete, compaction, form work, restoration, and clean-up for a complete installation. 75. ASPHALT REPAIRS A. Measurement for payment for Asphalt Repairs will be based upon the actual square yards of existing asphalt, paving and subgrade removal and replacement furnished and installed, all in accordance with the requirements of the Contract Documents. The width measured for payment of asphalt surface repair, as measured perpendicular to the centerline of the pipe, shall be limited to the width shown on the Drawings. The length shall be as measured along the centerline of the pipe. B. Payment for Asphalt Repairs will be made at the unit price per square yard as stated in the Bid Schedule for asphalt repairs and shall include all labor, materials, and equipment necessary to provide a safe, smooth driving surface. The Work shall include saw cutting; pavement removal and proper disposal of exiting pavement, installing prime coat, tack coat, and asphalt, compaction, traffic signalization repair, and temporary striping and markings in accordance with the School Board of Broward County requirements and specifications. Payment will be made once and shall include both temporary and permanent Asphalt Roadway Replacement. 76. BRUSH REMOVAL A. Measurement for payment for Brush Removal will be based upon the actual square foot of existing brush requiring removal or maintenance, all in accordance with the requirements of the Contract Documents. B. Payment for Brush Removal will be made at the unit price per square foot as stated in the Bid Schedule for Brush Removal and shall include all labor, materials, and equipment necessary to provide for the required removal or maintenance of the brush. The Work shall include cutting trees no larger than 3-inches in diameter and removal and disposal of brush and debris in accordance with the School Board of Broward County requirements and specifications. 77. BAFFLE REPLACEMENT A. Measurement for payment for Baffle Replacement shall be made per actual number of baffles replaced, all in accordance with the requirements of the Contract Documents. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 607 of 768 Page 31 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 32 of 44 Pages SECTION 6, BID SPECIFICATIONS (Continued) B. Payment for Baffle Replacement shall be made based on the authorized quantity at the unit price indicated in the Bid Schedule and shall be full compensation for furnishing all labor, materials and equipment, including disposal of existing baffle as required to replace baffles. 78. SOD REPLACEMENT AND GRADING A. Measurement for payment for Sod Replacement and Grading shall be measured in actual square yards of sod furnished, laid, fertilized, watered and maintained for all areas, all in accordance with the requirements of the Contract Documents. B. Payment for Sod Replacement and Grading will be made at the unit price per square yard as stated in the Bid Schedule for Sod Replacement and Grading, and shall include all labor, materials, and equipment necessary to furnish, install,fertilize,water and maintain a healthy stand of grass including any soil amendments or conditioning required to bring the existing soil to within acceptable pH levels as recommended by the sod grower. 79. SECURITY CHAIN REPLACEMENT A. Measurement for payment for Security Chain Replacement will be based upon the actual linear feet removed and replaced complete,all in accordance with the requirements of the Contract Documents. All additional fencing damaged shall be replaced by the Contractor at their own expense. B. Payment for Security Chain Replacement will be made at the unit price per linear feet as stated in the Bid Schedule for Security Chain Replacement and shall include all labor, materials, and equipment to remove and properly dispose of existing security chain and install new security chain including complete installation. 80. GRATE REPLACEMENT A. Measurement for payment for Grate Replacement shall be made per actual number of grates replaced, all in accordance with the requirements of the Contract Documents. B. Payment for Grate Replacement shall be made based on the authorized quantity at the unit price indicated in the Bid Schedule and shall be full compensation for furnishing all labor, materials and equipment, including disposal of existing grate as required to replace grates. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 608 of 768 Page 32 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 33 of 44 Pages REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 609 of 768 Page 33 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 34 of 44 Pages SECTION 7, FORMS AND ATTACHMENTS Please fill out all attachments below. Some attachments must be notarized. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 610 of 768 Page 34 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 35 of 44 Pages ATTACHMENT DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP In accordance with General Condition 11,each Bidder must disclose in its Bid, the names of any employees who are employed by Bidder who are also an employee of SBBC. Persons identified below may have obligations and restrictions applicable to them under Chapter 112, Florida Statutes. Name of Bidder's Employee SBBC Title or Position of Bidder's SBBC Department/School of Employee Bidder's Employee Check one of the following and sign: ❑ I hereby affirm that there are no known persons employed by Bidder who are also an employee of SBBC. ❑ I hereby affirm that all known persons who are employed by Bidder who are also an employee of SBBC have been identified above. Signature Company Name 03/28/13 REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 611 of 768 Page 35 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 36 of 44 Pages ATTACHMENT DRUG FREE WORKPLACE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA SWORN STATEMENT PURSUANT TO SECTION 287.087, FLORIDA STATUTES,AS CURRENTLY ENACTED OR AS AMENDED FROM TIME TO TIME, ON PREFERENCE TO BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAMS. THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to The School Board of Broward County, Florida, by (Print individual's name and title) for (Print name of entity submitting sworn statement) 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 certify that I have established a drug-free workplace program and have complied with the following: 1. Published a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2. Informed employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notified the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five days after such conviction. 5. Shall impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is so convicted. 6. 1 am making a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. (Signature) Sworn to and subscribed before me this day of ,20 Personally known or Produced Identification _ Notary Public—State of My commission expires: (Type of Identification) Form#4530 (Printed,typed,or stamped commissioned name of notary public) 3/93 REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 612 of 768 Page 36 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 37 of 44 Pages ATTACHMENT MINIMUM LIMITS OF INSURANCE REQUIREMENTS Insurance Requirements. The vendor shall comply with the following insurance requirements throughout the term of this Agreement. General Liability. Limits not less than$1,000,000 per occurrence for Bodily Injury/Property Damage;$1,000,000 General Aggregate. Limits not less than$1,000,000 for Products/Completed Operations Aggregate. Workers'Compensation. Florida Statutory limits in accordance with Chapter 440; Employer's Liability limits not less than $100,000/$100,000/$500,000(each accident/disease-each employee/disease-policy limit). Auto Liability. Owned, Non-Owned and Hired Auto Liability with Bodily Injury and Property Damage limits of not less than$1,000,000 Combined Single Limit. If Awardee does not own any vehicles,hired and non-owned automobile liability coverage in the amount of$1,000,000 shall be accepted. In addition,an affidavit signed by the Awardee must be furnished to SBBC indicating the following: (Awardee Name)does not own any vehicles. In the event the insured acquires any vehicles throughout the term of this agreement,the insured agrees to provide proof of"Any Auto"coverage effective the date of acquisition. Acceptability of Insurance Carriers. The insurance policies shall be issued by companies qualified to do business in the State of Florida. The insurance companies must be rated at least A-VI by AM Best or Aa3 by Moody's Investor Service. Verification of Coverage. Proof of Insurance must be furnished within 15 days of execution of this Agreement.To streamline this process,SBBC has partnered with EXIGIS RiskWorks to collect and verify insurance documentation.All certificates(and any required documents)must be received and approved by SBBC before any work commences to permit Awardee time to remedy any deficiencies. EXIGIS RiskWorks will send an email notification within three(3)business days after receipt of the award letter. • New vendors will receive an email notification requesting account verification and insurance agent information. • Existing vendors will receive an email notification of the current status. Required Conditions. Liability policies must contain the following provisions. In addition,the following wording must be included on the Certificate of Insurance: 1. The School Board of Broward County,Florida, its members,officers,employees,and agents are added as additional insured. 2. All liability policies are primary of all other valid and collectible coverage maintained by the School Board of Broward County, Florida. 3. Certificate Holder:The School Board of Broward County, Florida,c/o EXIGIS Risk Management Services,P.0. Box 4668-ECM, New York, New York 10163-4668 Cancellation of Insurance. Vendors are prohibited from providing services under this Agreement with SBBC without the minimum required insurance coverage and must notify SBBC within two business days if required insurance is canceled. The School Board of Broward County, Florida,reserves the right to review,reject or accept any required policies of insurance, including limits,coverage's or endorsements,herein throughout the term of this agreement. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 613 of 768 Page 37 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 38 of 44 Pages ATTACHMENT W-9 Form Please retrieve the latest version of the W-9 form from the IRS website listed below: https://www.irs.gov/pub/irs-pdf/fw9. df - This form can be filled out online and printed for signature.Only page one(1)needs to be returned REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 614 of 768 Page 38 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board ofBmwardCounty, Florida Page 39 of44Pages ATTACHMENT Click here for a fillable version of the form == === ACH Payment Agreement Form (ACH CREDITS) The School Board ofBrmwordCounty, Florida (See General Condition 1O) l(we)hereby authorize The School Board of Broward Countyto initiate automatic deposits(credits)to my account at the financial institution named below.Additionally, I authorize The School Board of Broward County to make the necessary debit entries/adjustments in the event that a credit entry is made in error. Further, I agree not to hold The School Board of Broward County responsible for any delay or loss of funds due to incorrect or incomplete information supplied by me or by my financial institution or due to an error on the part ofmyfinancial institution indepositing funds tomyaccount. This agreement will remain in effect until The School Board of Brow/ard County receives written notification of cancellation from me or my financial institution and that the origination of ACH transactions to my(our)account must comply with the provisions of U.S. law. Bank/Financial Institution Name: Branch/State: Routing Number: AccountNumber: Remittance Confirmation: Federal identification#: Checking Savings Tax ID SS# FaxNumber: Email Address: Phone Number: Authorized Signature(Primary): BusinessTitle: Date Signed: Authorized Signature(joint): BusinessTitle: Date Signed: Please attach VOIDED checktouer|fy bank details and rOU'UngnUrnber. This completed form must be submitted via email to Purchasinghelpdesk@browardschools.com. VendorAccount#: Date Entered: Initials: REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 615 of 768 Page 39 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 40 of 44 Pages ATTACHMENT 6— REFERENCES The School Board of Broward County, Florida Vendor Name: List a minimum number of required references as stated in the Special Conditions which show experience in similar work,to include nature and scope of work,which demonstrates an expertise in providing the services as stated herein. Provide scope of work,contact name,addresses,telephone numbers and dates of service. Reference 1 — Name of Firm: Contact Person: Phone#: Email: Date of Service: Cost of Service: Address: Scope of Work: Reference 2— Name of Firm: Contact Person: Phone#: Email: Date of Service: Cost of Service: Address: Scope of Work: Reference 3— Name of Firm: Contact Person: Phone#: Email: Date of Service: Cost of Service: Address: Scope of Work: REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 40 Page 616 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 41 of 44 Pages SECTION 8, STATEMENT OF "NO BID" If your company shall not be submitting a bid in response to this Invitation to Bid, please complete this Statement of"No Bid" Sheet and return, prior to the Bid Due Date established within, to: The School Board of Broward County, Florida Procurement and Warehousing Services 7720 West Oakland Park Boulevard, Suite 323 Sunrise, Florida 33351 This information shall help SBBC in the preparation of future Bids. Bid Number: Title: Company Name: Contact: Address: Telephone: Facsimile: Reasons for"NO Bid": Unable to comply with product or service specifications. Unable to comply with the scope of work. Unable to quote on all items in the group. Insufficient time to respond to the Invitation to Bid. Unable to hold prices firm through the term of the contract period. Our schedule would not permit us to perform. Unable to meet delivery requirements. Unable to meet bond requirements. Unable to meet insurance requirements. Other(Specify below) Comments: Signature: Date: REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 41 Page 617 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 42 of 44 Pages EXHIBIT Al SUPPLIER DIVERSITY OUTREACH PROGRAM FORMS The following forms are due (if applicable) at the time of Bid submittal: 1. FORM 00475-PARTICIPATION SCHEDULE FORM Document Link: https://www.browardschools.cam/cros/Iib/FLO1803656/Centricity/domain/12708/sdop%20files/sdop%20forms%20- %20policies/ParticipationSchedule_082017_Final.pdf Document Preview: da[u me,t Number 90475 htt h Flt "P re menti Fe W h ['S 'N MR FRH.. .... Contract 9. P'eojeck Start date'. PeoJest Name: Peojet Loretiinn: B dder(Pro Poser: address' Cont—Person: Email addre5i'. vhOne 4: Type of eu.siness Busuness w oak %o€ 1-41maur Hess Name eeriness&ddress phone N fo b'e Work $A t Performed ,,. IPrim¢H-.itltle it ti $ PraPaScr ',, Non S/M,iwaf 5/M1d/wah 2. FORM 00470 Document Link: https://www.browardschools.cam/cros/Iib/FLO1803656/Centricity/domain/12708/sdop%20files/sdop%20forms%20- %20policies/00470%20Statementoflntent_082017_Final.pdf Document Preview: Document Number 00450 Atk chore t 'P'ro€urement&Warehousing Services a, suifj) ervewtytreachProBsarn TAr !, C TENT:tib =rRlz G'dC�i IDirau tfre.—dr."'tvP01"sd—l' A`.�iAN s "gal/W6E:fj 9 CCy;1i,ACTO A .................. A srgned Srukernent•of Pnitent to Perf—as 6 S—fil Nr`r arrfylWb� en e vines errte prise'51wt/MuBE)5utearrtractor torr,[must:he Completetl by the owner Or auth6rrzedor in[pal of eaeh S/NI/WBE fir rh ii in.the 51MWBE Stb—&aetor P-Ncipation Sefredute, The and ersig ned is—bi ied as an S/M/WBE vendor by The School Board of Broward County,Fdorlda's(SBBC)Supplier Diversity outreach program u ver No __{Name of Sf M/WBE Subcontractor)agrees to perform w6rk on the above cuntrdd as a{check one): Ilndividual 17 Partnership, E1Curp6ra4or5. The S/MIWBE subcontractor wd4 enter into a Formal agceerrent with., (Name of Bidder/Proposer{conditioned upon the Bidder/Proposer executing a contract with SBBC. Please provide�e details and value df tfie work to he performer!: I4em No..... Type of Work _ Agreed Updm Price. Ma at Wurk..... REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 42 Page 618 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 43 of 44 Pages 3. FORM:00485 UTILIZATION REPORT Document Link: https://www.browardschools.cam/cros/Iib/FLO1803656/Centricity/domain/12708/slop%20files/sdop%20forms%20- %20policies/00485%20SMWBE Month IySubcontractorUtiIizationReport%20082017_Finalv2.pdf Document Preview: �rr¢wmzslt NUCmCer 47aa&5 Procured enT$C iiare housing 5ervice5 Ak Z.W&M—t rl RSI e=r:! i ; 3rvt�p trp(n'r �� n ,w.cer. al.dk l,;ndn l,.:rJjL:Ea i t ,rj i(0N,UeArf I U T ILI A r IREPIC;R Pr31 ick Muime::. Cuntr v N—h-and 44-i Ord-Numhar 01 uPpli-hW: p rt 0: Rm-ting P-I.d: 5(MAVUE Corit—t Goal:: C—t—t Ft- P,,'-,, t- Prim,,Cunt—t—Hams: P-j—t h'1—pr(PM)Menne:: Prime C4YntP$ICt<If St—t Add,,L-s's:: Primr:•„=ontrsct rPfnusmi,.{f: P1—c.nT—t-emsil Addr— van..,Ph.—Y: Phi,E-11.Addr— r irti. rsh n..Psr —I 1MALLCmk l3-d L,—Adie—.,JPIwd. 1.111PIAhK thi, s:lt Lrot aul lalir.r D. A` .y .Llt:r h P i:zl r754l 331,(1;X');.. C'3WRAerIM. sa��cr;nrcacnca 4 s"�;ai:pr•nracnu� � S s s,;�cpnneacn�:a 5 ; • SBBC Supplier Diversity Outreach Policy 3330 can be seen at website URL: https://www.browardschools.cam/cros/Iib/FLO1803656/Centricity/Domain/12708/Policy_3330_Final_Adoption.pdf • SDOP website with list of Certified S/M/WBE Vendors: hftps://www.browardschools.com/Page/32119 REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 43 Page 619 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 44 of 44 Pages THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL EXHIBIT B CERTIFICATION OF DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION LOWER TIER TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). Copies of the regulations may be obtained by going to this link: http://www..QDo.qov/fdsys/gran ule/CFR-201 1- fitI 1 - 11- titl -v 131 - 11-titl -v 1 -s 183-35 - (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON THE NEXT PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Organization Name ITB Number Name(s)and Title(s)of Authorized Representative(s) Signature(s) Date REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 44 Page 620 of 768 Storm Sewer&Sewer Main Cleaning&Repairs Bid No. FY20-210 The School Board of Broward County,Florida Page 45 of 44 Pages EXHIBIT B INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction,""participant,""person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to, check the Non-procurement List(Telephone Number). 8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. REVISED 6/8/17 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 45 Page 621 of 768 10.A. Unfinished Business 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Continue discussion on adding a Sister City in Ukraine. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 622 of 768 11.A. New Business 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Approve the updated Personnel Policy Manual now known as Employee Handbook. Explanation of Request: The current Personnel Policy Manual (PPM) the City utilizes was made effective March 1, 1998. The PPM was last revised and approved by the Commission in June 2011. The modifications added and revised will finalize personnel policies to ensure the best interest for the employees and the City. How will this affect city programs or services? Protect employees and the City by bringing the handbook in compliance to local, state and federal laws. Modifications include: City Manager Welcome Message, City Profile to include the City's Vision, Mission and Values, Paid Parental Leave, Probationary Period reduced to six(6) months, Anti Retaliation language added. The City is in compliance with Local, State and Federal laws with the changes. Fiscal Impact: Alternatives: Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 623 of 768 Type Description D Attachment Employee Handbook Presentation D Attachment Final Employee Handbook D Addendum PPNA Approved in 2011 Page 624 of 768 ,F I } r{ f { Cb i 1 ss r � y4 1 1 O 1 �I ( f4., 1 • • i -------------------------------------------------------------- co 0 m N N co d � (6 O N •U fA U •- Q U — � Q � > O U N U � r U U_ V � . N U U Q >, MQ > 0- N (n of In + z m Cli G I� c U >G ¢ CU 1A a v rE �m *o �- HIM WHIM � �wHIM ao �gea zEE �iS mss. e >g ITz. o v 6r„a E o Wit yays� w4 €� Z _ ass o a as w H TS- a �L m r -------------------------------------------------------------- co 0 co N N co d 0) L O (6 Q N 0 0 E N cn C: N c c� U L = o cn 0 _ o (D a- 0 _� E C:° o a, w o 4-- > E o m o W 0 J cr (6 U N W O � 4-- co W N cn O cn `(D �n E W O U Z � (6 0 a (D C: Q N a E E O O ° > > � T 1 U N -(lul U X Q Q of co � (n U . -------------------------------------------------------------- 00 0 rn N N co d C/) n� W E E O U '- a a C6 0 C C6 U (6 4-0 O Q U Q CITY OF BOYNTON BEACH EMPLOYEE HANDBOOK ter 7a , � Stti t`4SiiG�s t��7�u r t} s�. s lv 7 {S'k dF u Important Notice: Many of the policies contained in this manual are based on policy determinations, legal provisions, interpretations of law, and employee relations principles, all of which are subject to change. For this reason, this manual is considered to be a guideline and is subject to change with little notice. This manual does not constitute a contract of employment. Nothing in this manual shall be construed to constitute a contract or offer of a contract. The City has the right, at its discretion, to modify this manual at any time with or without notice. The provisions set forth in this manual are not intended to create a property right or entitlement. Nothing herein limits the City's rights to terminate employment. TABLE OF CONTENTS Page Welcome and Introduction from City Manager ....................................................................... 4 CityProfile .............................................................................................................. 5 I. GENERAL PROVISIONS 01. Purpose of These Policies.......................................................................................................6 02. Organization for Personnel Administration ...............................................................................6 03. Equal Employment Opportunity Statement..............................................................................7 04. Code of Ethics ......................................................................................................................8 05. Anti-Harassment...................................................................................................................8 06. Violence in the Workplace.................................................................................................... 10 07. Drug and Alcohol Use .......................................................................................................... 11 08. Americans with Disabilities Act (ADA).................................................................................... 11 09. Effective Date of Policies...................................................................................................... 12 II. EMPLOYMENT 01. Types of Employees............................................................................................................. 12 02. Recruitment and Selection.................................................................................................... 12 03. Nepotism............................................................................................................................ 15 04. Hours of Work..................................................................................................................... 15 05. Human Resources Information / Employee Files .................................................................... 16 06. Probationary Period............................................................................................................. 16 III. COMPENSATION 01. Overtime ............................................................................................................................ 17 02. Callback and On Call............................................................................................................ 18 03. Compensatory Time............................................................................................................. 18 04. Incentive Pay System.......................................................................................................... 19 06. Demotions/Transfers ........................................................................................................... 19 07. Travel................................................................................................................................. 20 IV. BENEFITS 01. Legal Holidays ..................................................................................................................... 21 02. Furlough Hours................................................................................................................................... 22 03. Vacation Leave.................................................................................................................... 22 04. Sick Leave with Pay ............................................................................................................. 23 06. Bonus Hours........................................................................................................................ 24 07. Leave With Pay.................................................................................................................... 25 08. Leave of Absence................................................................................................................ 27 09. Family and Medical Leave Act (FMLA)................................................................................... 27 10. Paid Parental Leave............................................................................................................. 28 11. Retirement Benefit............................................................................................................... 28 V. PROFESSIONAL DEVELOPMENT 01. Professional Career Training................................................................................................. 29 02. Tuition Assistance ................................................................................................................ 29 City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 2 Page 632 of 768 VI. DISCIPLINE 01. Disciplinary Actions.............................................................................................................. 30 Misconduct............................................................................................................................ 30 SeriousMisconduct................................................................................................................. 31 ExtremeMisconduct............................................................................................................... 32 Procedure for Disciplinary Action ............................................................................................. 33 02. Disposition of Criminal Charges ........................................................................................................36 03. Formal Grievances ............................................................................................................... 37 VII. RESIGNATION / TERMINATION 01. Resignation/Termination...................................................................................................... 39 02. Lay Off............................................................................................................................... 39 VIII. APPENDIX 01. DEFINITIONS.......................................................................................................................40 City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 3 Page 633 of 768 WELCOME AND INTRODUCTION FROM CITY MANAGER The City of Boynton Beach known as "America's Gateway to the Gulfstream" is a great place to live, work, raise a family and grow a business. Located in the heart of Southeast Florida, the center of Palm Beach County, our coastal community is highly personable with a big heart and plenty of opportunities. Everywhere you look, you see growth. The City of Boynton Beach is the third largest municipality in Palm Beach County, consisting of 16.5 square miles (including forur miles of the Intracoastal Waterway) . Our city has outstanding schools, superb healthcare, numerous opportunities for growth, a wide variety of shopping and dining opportunities as well as natural resource and recreation areas. We are a place where families go to raise their children or to retire. However, as we continue to grow, let's not forget the past. The City of Boynton Beach has a rich and unique history. I encourage everyone to celebrate our history and the hsitorical landmarks that are meaningful to our great City. Historic preservation provides an opportunity to recognize the important role of history. Historic preservation is also effective for economic development, tourism promotion, growth management, neighborhood revitalization, fostering local pride, enhancing livability, and maintaining community character. I believe it is important to celebrate the history of our community as it has shaped our reality today. Excellence is a moving target, and our City Commission and Mayor are to be commended for their commitment to the betterment of our community, their courage and leadership. City staff are superb, whole-heartedly dedicated to the constituents of Boynton Beach. Theirs is a job that is not 8-5 but instead a 24-hour commitment. They excel at customer service and performing their duties at a high level. They are an extraordinary group of individuals that define what Thomas Jefferson said, "Good governing with good intentions is the hallmark of our government. Implementation with integrity should be our core passion." I am truly humbled to be a part of this team and thankful every day for their service. The safety and well-being of our constituents is always at the forefront of our activities. As our city continues to experience growth, challenges will arise and must be overcome for the growth to be productive, positive, and successful. As the City Manager, I am thankful for the constituents we serve, our small-town atmosphere, and our friendly community. I encourage you all to get out, get involved and be a part of this wonderful community. City Manager F City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 4 Page 634 of 768 CITY PROFILE nm- Our Future Aspiration Vision: A welcoming and progressive coastal community that celebrates culture, innovation, and business development. Our Core Purpose Mission: The City of Boynton Beach is a vibrant, and sustainable community that provides exceptional services. How We Work Values: Leadership and Service Oriented, Ethical, Vitality/Vibrant, Agile/Adaptable, Unified and Compassionate, Innovative, Creative, and Inclusive City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 5 Page 635 of 768 I. GENERAL PROVISIONS 01. Purpose of These Policies A.The Employee Handbook is a collateral document pertaining to all personnel including full-time, part-time, temporary, volunteer, and contractural services. If the bargaining agreement that covers an employee or an employee's employment letter does not address specific issues then these policies shall apply as to that issue. B. An employee who is promoted or reclassified from classifications previously covered by a bargaining unit agreement or by any previous rules or regulations into positions affected by these policies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission. Codification The City Administration reserves the right to re-codify the Employee Handbook to facilitate its use. 02. Organization for Personnel Administration City Commission The City Commission shall: A. Have the power to approve or amend the Policies after receiving a recommendation from the City Manager. B. Have the power to appoint the City Manager. City Manager The City Manager shall: A. Be responsible to the City Commission for the administration of the Employee Handbook. B. Appoint, promote, transfer, remove, demote, suspend, or discipline all employees. The City Manager may, in his/her discretion, delegate administrative authority to his/her designee to approve personnel actions. The City Manager may enter into letters of employment to hire or retain exempt status management employees under such terms and conditions as the City Manager deems necessary. C. Perform other duties and have executive power in personnel administration as is vested in the City Manager by the provisions of the City Charter, applicable law and these City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 6 Page 636 of 768 policies. D. Appoint a Director who shall be responsible to the City Manager for the administration of the City's Human Resources programs. Human Resources Director The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer recruitment and examination programs to source qualified applicants to meet the needs and core values of the City. C. Develop,administer and maintain job descriptions/classification specifications that reflect the duties being performed by each employee. D. Perform a periodic review of compensation levels, in the area, to the extent that such levels affect City employment. E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out the Human Resources programs. F. In cooperation with the City Manager and various department heads, develop and establish training and educational programs for employees as conditions warrant. G. Perform Human Resources administration activities consistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. H. Prepare and recommend policies or amendments to the policies as necessary or advisable to carry out the intent and purposes of the City's Human Resources programs. I. Administer the Employee Benefit Programs. J. Periodically, review the Employee Handbook and make recommendations to the City Commission through the City Manager for amendments. K. Administer the Performance Evaluation Program. 03. Equal Employment Opportunity Statement The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. It is the policy and practice of the City of Boynton Beach to treat all employees with dignity and respect and to provide equal opportunity to all persons without regard to race, age, color, religion, sex, pregnancy, national origin, physical or mental disability, genetic information, marital status, City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 7 Page 637 of 768 veteran or military status, sexual orientation, gender identity or expression, or any other category protected by applicable federal, state, or local law. The City's responsibility as a public agency is to ensure an on-going commitment to Equal Opportunity and making the workforce profiles more closely reflect the available labor force of the community. Equal opportunity encompasses all aspects of employment practices, including but not limited to recruiting, hiring, training, compensation, benefits, promotions, transfer, layoffs, recall from layoffs, discipline, and department-sponsored education, social, and recreational programs. It is the policy of the City of Greenacres government that all personnel actions and employment practices are based solely on the requirements of the position and the qualifications of the applicant without regard to race, age, color, religion, sex, pregnancy, national origin, physical or mental disability, genetic information, marital status, veteran or military status, sexual orientation, gender identity or expression, or any other category protected by applicable federal, state, or local law. In addition, the City prohibits retaliation against any individual who reports discrimination or harassment or who participates in any investigation of such reports, or who engages in any other activity protected by applicable law. This policy covers all personnel actions affecting hiring,job assignments, training, promotions, transfers, compensation, discipline, termination of employees, or any other tangible employment benefit or term or condition of employment. The City will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship or where doing so would cause a direct threat to the health or safety of the individual or others. This policy governs all aspects of employment, including selection,job assignment, compensation, discipline, termination, and access to benefits and training. If, during the course of employment, an employee sustains any type of physical or mental impairment which limits the employee's ability to perform the essential functions of his or her job, the City may require that the employee provide medical documentation regarding any such impairment and, if appropriate, identify specific accommodations which may assist the employee. The City will engage in an appropriate interactive process with the employee in determining potential accommodations when requested by the employee. All information provided regarding any impairment will be handled confidentially to the extent required by law. 04. Code of Ethics In accordance with the City of Boynton Beach current Ordinance, all City employees are subject to and must comply with the Palm Beach County Code of Ethics and City policy number 02- 002. Employees are required to complete City ethics training programs and submit a signed proof of training to Human Resources for inclusion in the employee's personnel file. 05. Anti-Harassment Pursuant to the Equal Employment Opportunity Commission (EEOC): "Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act Ammendments Act (ADAAA) passed by Congress in 1990. Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 8 Page 638 of 768 orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge,testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful,the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following: • The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. • The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. • Unlawful harassment may occur without economic injury to, or discharge of, the victim. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation." Provisions 1. All levels of supervisors are responsible for communicating this policy, and for recognizing, responding, taking corrective actions, and/or preventing the harassment of City employees. 2. Employees who feel they are a victim of harassment have an obligation and a duty to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive only if employees feel safe to address their concerns with the alleged perpetrator. If the behavior continues, the employee is required to immediately report the behavior to their own supervisor or to Human Resources. The individual instigating the harassment may City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 9 Page 639 of 768 not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with City employees. 3. Employees are required to complete Preventing Harassment and Discrimination policy training on-line as directed. Procedures 1. Employees should report any harassment complaint immediately. Employees have the option of reporting the complaint as follows: a. To their supervisor or department director; and b. To the Director of Office of Ethics and Accountability; 2. A written statement will be requested of the complainant. The Office of Ethics and Accountability will begin coordinating and conducting the investigation process in a timely manner. 3. The Office of Ethics and Accountability will provide an administrative response in to the employee filing the complaint and to the individual(s) involved in the harassment in a timely and reasonable manner. 4. Human Resources will be responsible for determining, processing and delivering corrective action, if any, to the appopriate party(ies). 5. If the City has placed the Subject on Administrative Leave and the employee still perceives the situation to be threatening, that employee may request authorization to use accrued annual leave, leave without pay or a job transfer. Approvals will be determined on a case- by-case basis. 6. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed harassment. 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. 8. Employees exercising their rights by filing a complaint in good faith will not be retaliated against by the City regardless of the findings of the investigation; however, any employee found to have provided false or misleading information or one who does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. 9. The Director of Human Resources shall determine the administrative operating procedures for this policy. 06. Violence in the Workplace The City of Boynton Beach maintains a zero tolerance po/icy toward workplace violence. It is the intent of the City to provide a workplace free from intimidation, threats, or violent acts 1. Violence, potential for violence, or the threat of violence, by or against any employee of the City of Boynton Beach, is unacceptable and will subject the perpetrator to serious disciplinary action up to and including termination, and criminal charges. 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City property, including City vehicles, unless such possession or use of a weapon is a necessary and approved job requirement . 3. Any person who exhibits unusual behavior or makes threats, exhibits potential for violence City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 10 Page 640 of 768 or threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. 4. All City employees are responsible for notifying management of any threats, which they have witnessed, received, or have been told that another person has witnessed or received. a. Even without an actual threat, employees should report any behavior they have witnessed which they regard as threatening or violent. b. Failure to notify management of such activity will subject the employee to serious disciplinary action up to and including termination, and criminal charges. 5. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment. 6. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. 7. Employees are required to complete Violence in the Workplace Policy training upon employment and every even year 07. Drug and Alcohol Use The City of Boynton Beach does not tolerate any type of substance abuse including the use of illegal drugs, the abuse of prescribed drugs or alcohol abuse. This prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in or away from the workplace. Employees are required to comply with the terms and conditions of the City's Drug Free Workplace policy as approved in the most current City Ordinance. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. (See Section VI Discipline .01 Disciplinary Actions, Extreme Misconduct.) The City recognizes drug dependency as an illness and a major health problem. Consequently, it provides an Employee Assistance Program (EAP)that offers short-term counseling, assessment and referral services to an employee or an employee's immediate family members. Drug and alcohol testing for employees will be performed in accordance with City policy and as required to meet the requirements of the Department of Transportation and the City's Drug Free Workplace Policy and the City's Safety Manual. 08. Americans with Disabilities Act as Amended (ADAA) The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and employees are treated fairly in all aspects of employment. It is the policy of The City of Boynton Beach to provide a workplace free from unlawful discrimination in which all applicants and employees have equal opportunity in all areas of employment. In compliance with the U.S. Department of Labor, Code of Federal Regulations, 28 C.F.R. 35.107, the City has designated the Human Resources Director as the City's ADA Coordinator for employment related purposes. It is the policy of the City to fully comply with the Americans with Disabilities Act (ADAA). City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 11 Page 641 of 768 Anti-Retaliation The city is prohibited from engaging in retaliation as an adverse employment action against a covered employee because he or she engaged in a protected activity. 09. Effective Date of Policies The original effective date of the PPM is March 30, 1998, with amendments in 2000, 2002, 2003, 2005, 2009 and 2011. The Employee Handbook has been updated from the Personnel Policy Manual (PPM) effective DATE, DAY, 2023. H. EMPLOYMENT 01. Types of Employees City employees are divided into three (3) groups: contract employees, regular employees and bargaining unit employees. 1. Contract Employees are senior management positions may be hired by the City Manager by letters of employment. The letter of employment shall state salary, benefits, terms and conditions of employment and will specify which provisions of the Employee Handbook shall not apply to the employee. 2. General Employees are employees whose terms and conditions of employment are covered by the Employee Handbook. General employees are not otherwise designated as contract employees or as bargaining unit employees. 3 Bargaining Unit Employees are those employees whose positions are covered by a specific bargaining unit and whose terms and conditions of employment are covered by that agreement. 02. Recruitment and Selection In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency,vacant positions shall be filled with the most qualified candidates in the best interests of the City through recruitment, selection, promotion/demotion or hiring of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Basic Requirements 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. 2. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for employment. Departments do not have the authority to modify or waive the provisions of the Employee Handbook. 3. Human Resources has primary responsibility for hiring employees. All employment discussions by department representatives are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 12 Page 642 of 768 employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. Proced u res A. Applications and Interviews 1. Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice on the City's website, the official recruitment process has begun. The recruitment process may be withdrawn for any position by the Director of Human Resources. 2. Individuals desiring consideration for employment must submit an Application for Employment, to Human Resources via the City's website or any other approved method. All information provided in the Application for Employment will be subject to verification. 3. Current employees who are interested in and qualify for a posted vacancy are encouraged to apply by submitting their applications via the City's website or any other approved method. Veterans' preference will be given in compliance with current legislation. 4. Falsification of any part of the Application for Employment or any related documents may, upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee regardless of the employee's length of service. 5. Departments should not accept applications or resumes.Applicants should be referred to the City's website or the City's Human Resources department. 6. Human Resources will accept applications for employment when a job vacancy has officially been announced through the posting of the Employment Opportunity notice on the City's website. 7. Human Resources will conduct comprehensive background checks including but not limited to verification of employment, professional references, criminal history, motor vehicle records, academic degrees, certifications,licenses, and pursuant to the Drug Free Workplace policy. If the City finds that the background check demonstrates an arrest or conviction or any other information in which the applicant or employee is unfit for the job (or unfit for employment in general), the employer may not hire upon assessing the seriouness and materiality of the criminal history to the job itself. 8. Certain classifications may require meeting applicable testing requirements prior to candidates being given consideration. Human Resources will administer examinations for classifications that require tests as part of the selection process. 9. Human Resources will forward passing appicants that meet the minimum qualifications of the position to the appropriate Department Head/Department Head Designee or the hiring manager. 10. Upon receipt of applications, Human Resurces will: a. Review and evaluate all applications based on, but not limited to; minimumqualifications, knowledge, abilities, skills, education, degree requirements, experience, and certifications or licenses required in accordance with current classification per job posting.. b. Determine that the applicant pool is sufficient prior to proceeding to the interview and/or applicant testing step and prior to making a City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 13 Page 643 of 768 recommendation for employment. C. Prepare an interview schedule and conduct interviews with eligiblle applicants. d. Determine which candidate is most qualifiedfor further consideration and proceed with applicant testing, if applicable, or additional interviews, if necessary. e. Re-post the position if a selection cannot be made by the hiring panel. B. Conditional Offer Process 1. Following interviews, the department will notify Human Resources of their candidate selections and determined salary and provide salary justification if applicable. Human Resources will submit the application and salary for review and approval by the appropriate leadership. If approved, Human Resources will extend a conditional offer to the candidate. 2. Human Resources Department is responsible for and not limited to: a. Providing the appropriate preboarding checklits and forms to the applicant for completion. b. Review all results of verification, inclusive of, but not limited to: relative current and previous employemnt verifications, professioanl references, academic diplomas and degrees, certifications and licenses, background check, Motor Vehicle Report (MVR), drug screen results, Department of Transportation Clearinghouse results, and/or physical exam. There may be additional component in the conditional offer process, which will be outline to the candidate when the conditional offer is extended. Please note, all information provided on the Application for Employment will be subject to verification. Based on the results reviewed during the conditioanl offer, Human Resources will submit the information for review with the Director of Human Resources & Risk Managerment for final approval. 3. It is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself,the determinative or controlling factor. C. Finol Offer Acceptonce 1. Employment acceptance must be made by the applicant, within three (2) business days of the conditional offer, unless otherwise extended by Human Resources. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment process. Employment Procedures shall be followed in either case. 2. Upon acceptance of a final offer, the applicant will provide their available start and Human Resources will confirm with the deparmtent D. Orientation Human Resources shall schedule and conduct a general orientation program for all new employees City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 14 Page 644 of 768 to explain the City's history and organization, to review City Policies including the Code of Ethics, to assist with the completion of benefit program enrollment forms, and to emphasize the use of safe work practices. New employees must provide proof of work eligibility and verification of identity to the City within three (3) business days of their first work day in accordance with the Department of Homeland Security's employment eligibility requirements. Upon hire, Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. 03. Nepotism This Section establishes the City's policy regarding nepotism, which complies with the current Palm Beach County Code of Ethics, Section 2-445, Anti-nepotism law. A. All employees who are employed in, appointed to, promoted to, or transferred to a position shall disclose at the time of the appointment, employment, promotion or transfer the name(s) of any relative(s) serving as an elected or appointed Citv official slor employee(s) then employed by the City. B. If employees become related after their appointment, employment, promotion or transfer, the affected Department Director(s) and the Human Resources Director shall resolve the matter consistent with the Palm Beach County Code of Ethics. Resolution may include transfer of one or both employees. Department policies may also apply. C. "Relative" as used herein, means a person who is related by blood, marriage or adoption, as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband,wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter—in-law, step-father, step-mother, step-son, step- daughter, step-brother, step-sister, half-brother, half-sister or domestic partner. D. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department/division, if the related City official or employee is, or would be the person's supervisor or would exercise any authority or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any authority or control over or otherwise regulate the duties and responsibilities of the related City official or employee. E. The provisions of Florida Statute 112.3135, regarding nepotism shall supersede any provision of this Policy. 04. Hours of Work The City Manager shall establish the hours of work for all departments and employees of the City, considering the functions and operations involved. The City Manager shall establish uniform starting and ending times for supervisors and employees on all shifts pursuant to the Fair Labor Standards Act (FLSA). A. The scheduled number of work hours per week by department is normally 40 hours; however, weekly hours for specific job classifications may vary as determined in accordance with each department's needs and operations. The individual Department Director establishes the work start times and stop times. B. The workweek for payroll purposes is Monday to Sunday and is used for calculating overtime. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 15 Page 645 of 768 05. Human Resources Information / Employee Files The official personnel file of each employee is electronically maintained by the Human Resources Department. All documents in the file, with certain exceptions, are subject to the Florida Public Records Statute 119.07 that requires information in the file be made available for review upon request. Any record related to an employee that is maintained by the Ctiy will be made available if requested. Human Resources will review the file and make any required redactions based on exemption(s). Documents/information exempted by this Law (with some exceptions, e.g. a Court Order) are the following as a non-exhaustive list: • Social Security Number ■ Medical information ■ Benefit Information ■ Banking Information ■ Home Address and telephone number of employees designated in F.S. 119.07 o Spouse's work and children's school addresses and telephone numbers of these employees When there is a request to review an employee's personnel file, the employee must be notified in writing within ten (10 days) (E-mail is acceptable notification). Employees must initiate an employee online process, within ten (10) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. 06. Probationary Period The probationary period is regarded as an integral part of the placement process. It permits careful observation of the employee's performance to either provide an effective adjustment of the new employee to the position or to terminate an employee whose performance has not met the required work standards. An initial six (6) month probationary period shall begin immediately upon hire of all employees (regardless of employment status). Probationary periods may be extended upon recommendation from Department Director through the Human Resources Director and City Manager. All Probationary employees: • Have no property entitlements to their positions. • Shall be subject to termination without cause, after review by the Human Resources Department and City Manager. • Have no right to appeal or grieve any type of employment action. Change in Position: The following position changes will result in a probationary period of six(6) months from the effective date; • Transfer • Promotion City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 16 Page 646 of 768 • Demotion . The pay of a promoted employee, who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. Exceptions to this policy may occur if there is a departmental restructuring that results in an involuntary demotion for one or more employees. III. COMPENSATION 01. Overtime The City has the right to assign work and overtime. Overtime will not be granted for less than a fifteen (15) minute period. In calculating eligible overtime compensation, only actual hours worked shall be counted. No employee may work overtime without prior approval by their supervisor and Department Director. Failure to obtain this authorization can result in disciplinary action, up to and including termination of employment. Schedulina Department Directors are responsible for scheduling the work in their departments in order to be fiscally responsible. All overtime designated by the department supervisor or Department Director is approved overtime within budgetary limitations. NON-EXEMPT EMPLOYEES Unless otherwise specified in the applicable collective bargaining agreement, overtime is paid to non- exempt employees at one and one-half(11/2)times the hourly rate for all hours worked in excess of forty (40) hours per week. Non-Exempt employees are prohibited from working"off the clock"and must report all time worked. Supervisors and managers are prohibited from allowing employees to work"off the clock." It is a serious violation of City policy to falsify or alter actual the time worked by an employee. SALARIED (EXEMPT) EMPLOYEES Exempt employees are paid a salary that is designed to cover all hours worked in any given workweek, including those hours worked in excess of forty (40) hours. Salaried employees are not authorized overtime compensation because the predetermined salary covers all hours worked. The salary is a predetermined amount that is not subject to deductions for variations in the quantity or quality of work performed, subject to certain statutory exceptions. Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 17 Page 647 of 768 02. Callback and On Call Callback Callback is an unscheduled or emergency return to work, at the request of a Department Director or his/her designee, outside of officially scheduled work hours or on a holiday or day off. It is not overtime or holiday if work is scheduled in advance and a regularly recurring call to duty. Any employee who has physically left work (clocked out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an unscheduled or emergency assignment, shall be compensated for two (2) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitle to Call Back Pay. In this case the finishing time for that particular work day will be adjusted accordingly. On Call To provide for after-hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-call: time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after regularly scheduled working hours when an employee is designated to be available for call-back. The employee is free to pursue personal activities but must respond to pager or cellular phone contact within designated guidelines set by the department head. This is not considered time worked. If called back, however, call-back compensation will be paid. 03. Compensatory Time An employee eligible for overtime may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one-half for time and one-half). Compensatory time can be earned, accumulated, and used, with the Department Director's approval or direction, in accordance with the Fair Labor Standards Act. Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate a maximum of eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Requests to use compensatory time shall be reviewed on a first come, first served basis, and approved based on the operational needs of the department for the time period requested, as determined by the Department Director or designee, so that department's operations are not unduly disrupted by the use of compensatory time. Unduly is defined as imposing an unreasonable burden on the department's ability to provide service of acceptable quality and quantity to the public without the use of the employee's services. However,employees who request the use of compensatory time shall be permitted to use such time within a reasonable period after making the request, which shall be determined by the facts and circumstances of each case. If the City is unable to grant a request for compensatory time off within that time frame,the employee may elect to be paid for the amount City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 18 Page 648 of 768 of compensatory time requested. Compensatory time may be taken as earned subject to the approval of the Department Head/Designee who shall schedule the time off to meet the operating requirements of the Department. If an employee's collective bargaining agreement addresses this issue, the contract language will be followed. 04. Incentive Pay System Due to budgetary constraints the City Manager, at his/her discretion, may suspend the Incentive Pay System during any fiscal year by memorandum to the City Comission. The City of Boynton Beach has established the Incentive Pay System to motivate and reward individuals or groups of employees according to their job performance and contributions toward the accomplishment of major objectives. The purpose of the system is to promote continuous improvement and quality performance through individual and cooperative effort, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and identify individual ability for assuming more responsibility. All employees should be continually working towards the values, goals, and objectives of the City. Incentive payments will be considered for the following type of activities (although they are not limited to just these types of activities): • Customer service improvements. ■ Cost efficiencies (savings). • Improvements in operations. ■ Productivity enhancements. ■ Expanding hours of operations. ■ Doing work in-house rather than engaging a consultant. Incentive pay and bonuses will not be included in the employee's base pay and may not be carried forward in subsequent years in accordance with See FloridaStatute 166.021(7). Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed their probationary period, are eligible for this program per the City Manager's discretion. 06. Demotions/Transfers Demotions A demotion occurs when an employee leaves one position and moves to a position with a lower classification and position grade. For example, when a position is vacant and through the internal City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 19 Page 649 of 768 job posting process an employee applies for the position and is selected to fill the position, if the vacant position is a lower classification and position grade than the employee's current position,then this is considered to be a demotion. Demotions generally result in a decrease in salary which must be approved by the Human Resources Director and with final approval from the City Manager. Transfer of an employee from a higher graded position to a lower graded position may be initiated due to any of the following reasons: • The City demoting an employee as part of a departmental restructuring; • Realignment of responsibilities for failing to meet standards of performance; • The inefficiency or inffectiveness of an employee in the performance of assigned duties; • The failure of an employee to comply with employment conditions such as licensure or certification; • The employee requesting a voluntary demotion to a lower graded position; • Any other valid reason for a demotion which is not stated herein. All demoted employees will have a six (6) month probationary period. See Section II Employment, 06 Probationary Period for guidelines regarding probationary employees. Transfers A transfer occurs when an employee changes job within the same position grade but to a different or same job title, and without a change in salary. This may occur when an employee applies for a vacant position and is selected to fill the position that has the same position grade or title as the employee's current position. The City retains the exclusive right to transfer employees from one location to another, one shift to another, or from one starting time to another. • Employees transferring from one position to another in the same pay grade, whether in the same or in a different department will maintain the same pay rate. • All transferred employees will have a six (6) month probationary period. o See Section II Employment, 06 "Probationary Period" for guidelines regarding probationary employees. 07. Travel This policy applies to all departments budgeting travel expenses and to all employees and authorized persons incurring and requesting reimbursement of travel expenses. Regular full-time employees may attend conferences, conventions, training programs or other meetings if such attendance is in connection with the employee's official duties. In all cases the best interest of the City shall prevail in granting time off from work. The Department Directors shall approve the time off and shall notify the City Manager. The City Manager or designee, in their sole discretion, may authorize travel time and/or expenses necessary to attend such meetings. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 20 Page 650 of 768 1. Attendance at selected professional association meetings, technical training courses, and business meetings provide a benefit to the City and its taxpayers through an increased awareness of technical and administrative developments. 2. The traveler and the approving authority must keep all associated expenses to a minimum. 3. Travel must be authorized well in advance as last minute arrangements and changes can be costly. 4. Travel expense reimbursements will be made within limitations of this policy. The complete policy is administered by the Financial Services Department. IV. BENEFITS 01. Legal Holidays Unless required to be on regular duty, legal holidays to be observed by the City's employees are: New Year's Day Veterans Day Martin Luther King, Jr. Day Thanksgiving Day Presidents' Day Day after Thanksgiving Memorial Day Christmas Eve Juneteenth Christmas Day Independence Day Labor Day The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them. The declared date does not necessarily have to be on the traditional holiday, but on a date that meets the best interest of the City. Non-exempt (hourly) employees must work their regularly scheduled workday immediately before and after the holiday in order to receive pay for the holiday, or be in an authorized paid status immediately before and after the holiday. Part-time, temporary, and emergency appointed employees are not eligible for holidays pay. Full time employees shall be compensated for City observed holidays as follows: • When a City observed holiday falls on an employee's scheduled work day, the employee will receive eight (8) hours of holiday pay at his/her straight time pay rate. • When an observed holiday falls on an employee's non-scheduled work day it will be treated as a floating holiday and eight(8) hours will be added to the employee's vacation leave bank. • Employees on vacation, annual military leave,jury duty, sick leave, compassionate leave, or any other absence, but in an active pay status on the day the holiday is observed shall use the holiday on the same day that it is earned. • Holidays that occur during vacation leave shall not be charged against such vacation leave. • If an employee's collective bargaining agreement addresses City observed holidays, the contract language will be followed. Due to budgetary constraints legal holidays may be suspended and designated as unpaid time by the City Manager when approved by the City Commission. Other days off, paid or unpaid, may be specifically designated from time-to-time by the City Manager and approved by the City Commission. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 21 Page 651 of 768 02. Furlough Hours Furlough leave is the placement of an employee in a temporary non-duty, non-paid status for budgetary related reasons. The implementation of furloughs is a policy decision reserved to the City Commission. The City Manager shall have the authority to exempt certain employees from furloughs during periods of declared emergencies. 03. Vacation Leave Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined below. The number of hours credited per year will not increase after the 21st year of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. A regular employee shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. Employees may use vacation hours as accrued and approved. VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Hours 1 Year 80 2 - 3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16 — 20 Years 192 21 years and after 200 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 — September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that October 1 — September 30 will be forfeited as of September 30 of that fiscal year. However, employees who have been denied vacation shall have the excess vacation hours paid to them at their regular straight time rate of pay in the last pay check of the fiscal year. Employees who were covered by the vacation accrual and sick leave payout policies in effect prior to 1991 will continue to be covered by those schedules. Exempt employees shall accrue vacation hours in accordance with the Management Package and/or their Employment Letter. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 22 Page 652 of 768 04. Sick Leave with Pay Sick leave with pay shall be granted to contract and general full time employees, including employees serving a probationary period, at the rate of eight (8) hours for each completed month of service (96 hours/year). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular workday. Unlimited accumulation of sick leave is authorized. Bargaining Unit employees will be granted sick leave in accordance with their collective bargaining agreement. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of: personal sickness, including mental health, disability, legal quarantine or because of exposure to contagious disease. Up to 40 hours per fiscal year may be taken for general and contract employees for the illness of an immediate family member (spouse, child, parent). In the case of a serious medical condition within the family,an employee may take additional accrual time in accordance with Family and Medical Leave Act (FMLA). If the illness is not a qualifing event for FMLA leave, additional time may only be taken if a medical letter is provided by the treating physician and submitted to the Human Resources Director. The Human Resources Director notify the Deparment Director and City Manager of the time needed for absence. In this scenerio it may be extended to forty (40) hours for a total of eight (80) hours. Family sick leave not covered by FMLA may be extended, but not to exceed twelve (12) weeks in a rolling twelve (12) month period. See Section IV Benefits, 09 FMLA. FMLA Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: A. Notify his/her immediate supervisor or supervisor's designee at least one (1) hour before the beginning of the scheduled workday of the reason for his/her absence. B. For medical examination, treatment or evaluation of non-elective, necessary medical procedures. C. Complete a sick leave request following departmental procedures. D. For absences of more than three (3) consecutive workdays, sick leave must be documented by a medical note completed by the treating physician explaining the absence and/or inability to work. In the case of extended absences, four (4) days or more, it is the duty of the employee to contact his/her Supervisor or Department Manager on a weekly basis until he/she is cleared for return to work. The City reserves the right to require an interim medical note completed by the treating physican/report during the employee's extended absence. E. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave for ninety (90) days and a doctor's certificate will be required for any sick leave related absence. If there is a violation of the restricted sick leave policy, or additional incidents of absences, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restrictive sick leave beginning on the date of the policy violation). F. No sick leave will accrue for any week in which the employee is not in a paid status for twenty-four (24) or more hours. G. In computing sick leave taken, all employees shall be charged one (1) hour sick leave for City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 23 Page 653 of 768 each hour not worked because of illness. H. General employees who have exhausted their accumulated sick leave and are still unable to return to work may draw against their vacation leave account. Bargaining Unit employees will follow their respective collective bargaining agreement. I. Claiming sick leave when physically and/or mentally fit shall be cause for progressive disciplinary action, which may include the recommendation of termination of employment. J. All general employees (or their beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below for the total number of hours accumulated, but not taken, upon resigning, retirement or death. (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years 0% More than 5 full years, but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 05. Emergency Cash-In of Vacation and/or Sick Leave Time • Employees faced with sudden extraordinary circumstances of hardship who have accrued vacation leave hours are eligible to request emergency cash in lieu of vacation. If approved, employees may convert up to one hundred and twenty (1208) hours to cash (less applicable deductions) provided they have forty (40) hours remaining in their vacation leave bank after the cash-in. Conversions must be done in increments of eight (8) hours. • Employees who do not have enough vacation leave hours may consider including sick leave hours. Sick leave hours cash-in will be calculated at fifty percent (50%) of the employee's hourly rate. The total of vacation and sick leave hours may not exceed eighty (80) hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted provided that they have eighty (80) hours remaining in their sick leave bank. • A request must be made in Neogov eForms outlining the emergency, including supporting documentation. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each fiscal year. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances. 06. Bonus Hours This policy establishes a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However,this program provides incentive to reward those employees who use sick time responsibly. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 24 Page 654 of 768 Accrual A. General/full-time employees are covered by this policy are eligible to receive eight (8) bonus hours for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time, FMLA leave timecoded as sick time, or family sick during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Bargaining Unit employees will follow their respective collective bargaining agreement. B. Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation leave. 07. Leave With Pay Jury Duty/Witness Fees: In order to receive pay for jury duty supporting documentation must be submitted to payroll within two (2)weeks of the date the jury duty was served. If the appropriate documentation is not received, time away from the office will be charged as vacation leave. If no vacation leave is avaialble employee will be coded as excused absence without pay. Leave with pay may be authorized in order that general employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive his/her regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those hours that coincide with his/her regular workhours, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. All pay granted under this section must be approved by the Department Director. Military Leave: Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled to a leave of absence granted as a matter of legal right under the provisions of Florida Statute 115.07 not to exceed 240 working hours per fiscal year in order that these employees may fulfill their military obligations. Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 25 Page 655 of 768 supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage,the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility. Workers'Compensation: Whenever an employee is unable to work in their position for a period of no more than seven (7) calendar days because of a workplace injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the employee is unable to work for a period that is greater than seven (7) calendar days,the employee will be eligible to receive compensation up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay up to three (3) months. In no case will the salary supplement be extended beyond the three(3) months from the date of injury, unless approved by the Human Resources Director. At the end of the three (3) months, or sooner, the Risk Manager will review the medical note from the employee's authorized workers' compensation treating physician for a determination of pay status. If the authorized medical note justifies temporary total disability, the supplement continuation will be granted. If the continuation of the salary supplement is granted, it shall continue at the same rate as defined above for up to an additional three (3) months. In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began. After three (3) months from the date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the Risk Manager and Payroll to qualify for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan he/she is a member of, or the insurance plan he/she is covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere during this period, he/she will be required to reimburse the City for all medical expenses and supplement sick or vacation pay taken and be subject to termination. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 26 Page 656 of 768 Anti-Retaliation: The City may not terminate or threaten to terminate, "intimidate or coerce" employees who have filed a valid claim or attempt to file for Worker's Compensation benefits. See Florida's Workers Compensation Law specifically Section 440.205, Florida Statutes. Compassionate Leave: In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, domestic partner, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a general employee, the employee shall be entitled to paid compassionate leave not to exceed twenty-four(24)hours for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, forty (40) consecutive work hours shall be allowed. In order to receive pay for compassionate leave, employees must submit proof of death to payroll within two (2) weeks of the date they returned from compassionate leave. If the appropriate documentation is not received, time away from the office will be charged as vacation leave, until such time that the appropriate documents are submitted to payroll. If no vacation leave is available, employee will be coded as excused absence without pay. The City Manager may grant additional leave under this section when he/she deems it appropriate. Bargaining Unit employees will follow their respective collective bargaining agreement. 08. Leave of Absence A general employee may be granted leave of absence without pay for a period not to exceed six-(6) months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to thirty (30) calendar days can be approved by the employee's Department Director and the Human Resources Director. A leave of absence in excess of thirty (30) calendar days must be approved by the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service.All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding thirty (30) days Employees who are in a personal disability status and not working will have their positions held for a maximum of six (6) months from the date of injury or illness. Employees may request sick leave,vacation leave or an unpaid leave of absence for time away from the job. 09. Family and Medical Leave Act (FMLA) City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 27 Page 657 of 768 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993; 29 CFR Part 825, as amended January 16, 2009). Eligible employees are entitled to take leave from work for qualified reasons pursuant to the Federal Regulations of the Family and Medical Leave Act (FMLA). Human Resources will provide employees with information on FMLA and the required forms, when needed. Employees granted leave under FMLA are required to use accrued compensatory time, sick leave, and vacation (in this order)while on FMLA. The accrued paid leave used will be considered FMLA- protected leave and counted against the FMLA leave entitlement. Accrued sick leave used while on FMLA leave will be counted against bonus hours eligibility. When medically necessary, an employee may take leave intermittently or on a reduced leave schedule for his/her own serious health condition or that of a family member. Intermittent or a reduced leave schedule is not available for the birth and care or placement of a child. Employees on FMLA who have exhausted their sick and vacation accruals may be eligible for donated leave time from City employees per their respective department and if they did not utilize Short Term Disability (STD) For more information related to FMLA employees may contact Human Resources by phone or email at FMLA@bbfl.us. Anti-Retaliation: The City is prohibited from retaliating against covered employees under FMLA by preventing the employee's exercise of, or even employee's attempt to exercise, their FMLA right. The City is prohibited from discriminating or retaliating against an employee or prospective emplolyee for having exercised or attempted to exercise any FMLA right. The City cannot discharge or in any other way discriminate against any person, whether or not an employee, for complaining about any unlawful practice under the FMLA. The City is prohibited from firing or in any other way discriminating against any person, whether or not an employee, because that individual has: • Submitted a FMLA-related charge or complaint; • Provided, or is about to provide, any information related to the inquiry or proceeding relating to any right under the FMLA; or • Testified, or is about to testify, in any FMLA-related inquiry or proceeding 10. Paid Parental Leave An employee who has worked for the City for at least twelve (12) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (12) months is eligible to request Paid Parental Leave. The employee shall be granted up to four(4)weeks of Paid Parental Leave pursuant to the City's policy. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 28 Page 658 of 768 Requests for leave under Paid Parental Leave must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under Paid Parental Leave are approved by the Director of Human Resources and Risk Management and the City Manager or their designee. For more information regarding Paid Parental Leave, contact the Human Resources and Risk Management Department. 11. Retirement Benefit Procedures for retirement and the benefits available to employees in conjunction with retirement are as set forth in the pension plan applicable at the time of retirement. V. PROFESSIONAL DEVELOPMENT 01. Professional Career Training Any employee may be afforded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (See Section IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave) 1. In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. 2. If the employee leaves the City service within one (1), full year after completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Manager requires it. 02. Tuition Assistance Employees who are eligible to participate in this program are full time, non-probationary, unrepresented (General) employees and full-time, non-probationary employees covered under the SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered the DROP pursuant to a City pension plan are not eligible to participate in this program. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. Employees must refer to the Tuition Assistance Policy No. 05-003 for more information pertaining to the tuition Assistance. All forms needed to enroll and apply for assistance can be found on Neogov in eForm. VI. DISCIPLINE Verbal Coaching or other instructive verbal communications will not consitute discipline. Verbal Coaching or other instructive verbal communication may be used to establish that an employee knew City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 29 Page 659 of 768 or should have know that the performance, work habits, or behavior was not appropriate. 01. Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including termination can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, termination may immediately occur. No employee shall be disciplined or discharged without reasonable cause. 1. Counseling and written notices should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the City and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 2. Although progressive disciplinary actions are encouraged,when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the City, but are to be used as a guide. 4. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. Examples of Misconduct The following represents employee noncompliance with rules, regulations, policies, practices or procedures of the City or are prohibited by law. Each incident shall be considered on a case-by- case basis. Misconduct Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is normally: 1st Infraction —Written Counseling 2"d Infraction —Written Notice 3r' Infraction —Suspension Without Pay or Termination Examples of Misconduct include, but are not limited to: ■ Conduct unbecoming of a City employee • Abuse of sick leave privileges, sick leave policy or excessive absenteeism City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 30 Page 660 of 768 ■ Failure to notify Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change ■ Failure to report any outside employment ■ Poor quality of work ■ Failure to provide name and official title to any person requesting same when performing work related duties ■ Abuse of personal privileges, including the extension of lunch or break periods ■ Abuse of attendance policy, including late for work without reason. • Smoking in prohibited areas ■ Unauthorized solicitation, posting of material, or non-productive behavior ■ Loitering • Inattention to job duties ■ Careless use of vehicles or equipment ■ Failure to use all safety restraints when riding in or operating a City vehicle • Failure to wear and/or use prescribed uniforms or equipment. ■ Disregard of safe work procedures NOTE: All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next level of disciplinary action. Misconduct 1st and 2nd infractions will expire, with regard to the progressive nature of this policy, 12 months from the date of issue, but will remain in the employee's file. Once an employee has progressed to a 3rd Misconduct infraction, Suspension Without Pay, another Misconduct infraction within 12 months of the date of issue for the 3rd infraction will normally result in termination. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. Performance Improvement Plon EmpThe purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face terminsation. It is the responsibility of each employee to perform at a minimum level of "Meets Standards". Serious Misconduct Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may not be grounds for termination. The discipline for Serious Misconduct is normally: 1St Occurrence - Written Notice or Suspension Without Pay 2nd Occurrence - Suspension Without Pay or Termination 3rd Occurrence - Termination Examples of Serious Misconduct include, but are not limited to: ■ Inappropriate use of City resources, time or equipment ■ Inappropriate or disorderly conduct City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 31 Page 661 of 768 Aw Making offensive remarks; use of abusive, profane or sexually graphic language AF Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status AF Sleeping on the job Absent without calling in to the department within thirty (30) minutes before shift start time AF Disrupting or hindering departmental operations Outside employment which conflicts, interferes or otherwise hampers the performance of the employee in the City job. Inefficiency of incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. Refusal to perform assigned duties and responsibilities. NOTE: All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction will result in the next level of disciplinary action. Once an employee is issued a Written Notice for Serious Misconduct, they are ineligible to receive a salary increase (including lump sum payments), promotion, or to apply for jobs within the City for a period of six (6) months or based on respective Department Director's discretion. Serious Misconduct infractions will remain active, with regard to the progressive nature of this policy, for the duration of employment with the City. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. Bargaining Unit employees will follow their respective collective bargaining agreement. Extreme Misconduct Infractions for Extreme Misconduct are very serious in nature and normally result in immediate termination without prior warning. The discipline for Extreme Misconduct is normally: 1st Occurrence - Suspension Without Pay or Termination 2"d Occurrence - Termination Examples of Extreme Misconduct include (but are not limited to): • Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor ■ Supervisor's failure to report an employee's on the job injury to Risk Management within 24 hours and/or completion of necessary documentation ■ Violent acts or threats of violence • Operating a City vehicle or equipment without a required and valid driver's license ■ Job Abandonment • Insubordination ■ Possession of a firearm or concealed weapon on City property or while performing official City duties, (excluding law enforcement officers) City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 32 Page 662 of 768 ■ Gambling during work hours • Suspension or revocation of any required job-related licenses or certifications. ■ Disruption of the workplace ■ Willful spoilage, destruction or waste of City property or resources ■ Unauthorized personal use of City equipment or funds ■ Conducting personal and/or private business on City time; improper use of City time for such activity Violation of City security regulations and policies • Theft or removal of City property without proper authorization ■ Falsifying documentation • Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statutes • Giving false information, or failure to fully cooperate or provide full, truthful information in City initiated investigations • Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test ■ Possession or use of alcohol while on duty; or reporting to work under the influence ■ Refusal to submit to a City required drug or alcohol test • Falsifying or attempting to falsify a City-ordered drug test Violation of the City's Harassment policy • Conviction of a felony (including non-work related) ■ Unauthorized disclosure of confidential information ■ Refusal to participate, if offered, in a drug/alcohol rehabilitation program ■ Abuse of other department procedures and work rules ■ Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone ■ Falsifying employment application or concealing information during pre-employment screening or processing Procedure for Disciplinary Action 1. When immediate supervisors become aware of evidence of the need for employee discipline, they become responsible and shall investigate the circumstances of the misconduct or lack of performance prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The Director of Office of Ethics and Accountability will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. a. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police Department employees. These investigations shall be conducted by the Director of the Office of Ethics and Accountability,who shall obtain all sufficient information, including documentation and/or sworn statements, in order to City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 33 Page 663 of 768 determine the necessity or level of disciplinary action. Human Resources will review the information to determine the level of discipline to be issued.Administrative investigations shall be conducted expeditiously. Verbal counseling and written counseling will not be subject to administrative review by Human Resources. b. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. 2. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of the disciplinary action. 3. A recommendation for disciplinary action by the Human Resources Director or designee may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature.A document confirming a favorable determination as to the matter should be made a part of the employee's record. Types of Disciplinary Action: 1. Written Counseling - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Written Counseling serves as a warning against further repetition of employee behavior. Further violations will result in discipline up to and including termination. Written Counseling doucmentationmust be completed by the supervisor and reviewed by Human Resources before issuing to the employee. The supervisor will present the documentation to the employee and employee is required to sign the Written Counseling Documentation acknowleding that he/she has read and discussed the contents with the supervisor. The signed Written Counseling Documentation must be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. 2. Written Notice - Consists of an immediate supervisor issuing a written notice to improve performance, work habits or behavior. A written notice should include a complete description of the incident(s)of misconduct, inappropriate behavior,work habits or performance which requires improvements; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written notices shall be signed by the employee to acknowledge receipt and forwarded to the immediate Supervisor and the management witness and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The employee signature does not constitute agreement with the contents. Employees may submit City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 34 Page 664 of 768 comments for inclusion in the record. The employee may be required to complete a Performance Improvement Plan for correction of the behavior. 3. Suspension Without Pay - Consists of an employee being prohibited from returning to work until his/her specified period of suspension has passed. Suspensions without pay shall be used when an employee is removed from the job due to misconduct or unlawful behavior, or when instances, of progressive discipline, support a suspension without pay for a specified period of time. a. With the written authorization of the Department Director,Human Resources,and the City Manager or designee, immediate supervisors have the authority to issue a suspension without pay for two (2) working days or less. b. All other suspensions without pay beyond two (2) working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. c. Employees being suspended without pay shall be notified in writing by department leadership and/or human resources . The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. d. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. 4. Termination - Termination is a result of an employee's involuntary dismissal which severs the employment relationship.At such time all employee benefits cease,except as otherwise provided by law. Immediate supervisors must supply thorough documentation and discuss recommendations for an employee's dismissal with his/her chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two (2) unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the Human Resources file. The recommendation shall include the following information: a) The underlying reasons for the recommended termination. b) Documentation upon which the Department Director relied in formulating said recommendation. c) An explanation of the employee's rights to request a Predetermination Hearing prior to termination taking effect and the fact that the decision of the City Manager shall be final. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director.The employee may submit comments for inclusion in his/her Human Resources City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 35 Page 665 of 768 file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property that may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final check. Right to Predetermination Hearing Prior to the effective date of any suspension without pay of three (3)days or more, or a termination, the City shall conduct a predetermination hearing. The predetermination hearing shall be conducted by the Human Resources Director and the City Manager's designee. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his/her choice. Prior to or at the inception of the hearing, the City shall disclose or explain the City's evidence. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing and any further investigation into issues raised by the employee in defense or mitigation of the charges,the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and, at the same time, establish the suspension or termination date(s) if appropriate. Information gathered before, during and after a pre-determination conference constitutes part of the City's investigation or an act of admission that can result in discipline. Employee Appeals 1. Probationary employees shall not have the right to appeal any type of disciplinary action. 2. Regular employees may respond to discipline actions of written notice and suspensions of two (2) workdays or less with or without pay, by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10)calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 3. Regular employees have the right to appeal to the City Manager suspensions without pay greater than two (2) workdays or termination, by requesting a final review by the City Manager within ten (10) business days of the employee's receipt of formal notification of recommended suspension or termination. The decision of the City Manager shall be final. 02. Disposition of Criminal Charges When a City employee is arrested and charged with a felony offense,the employee shall be placed on administrative leave without pay until final disposition of the criminal charges. An employee who is convicted of or who pleads guilty or no contest to a felony in conjunction with a plea negotiation shall be terminated from his/her employment with the City. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 36 Page 666 of 768 An employee placed on administrative leave without pay, under these circumstances, may use accrued vacation and accrued sick time during the leave period. If found innocent or if the State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated. 03. Formal Grievances The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to deal promptly with any that may arise. Counseling documents and Performance Evaluations cannot be grieved. Except where there is an acceptable reason for not doing so, all grievances will be handled and transmitted through supervisors in the following order, according to the department's chain of command: ■ Immediate Supervisor ■ Department Director ■ Human Resources Director or his/her designee The primary purpose of this grievance procedure is to determine what is right rather than who is right. This process should be considered a "last resort" alternative to resolving conflicts of compensation, benefits or working conditions as identified in this document. Free discussion between employees and supervisors will lead to better understanding of practices, policies and procedures that affect employees. Discussion will serve to identify and help eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the City. The Human Resources Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Human Resources Director regarding disposition of the grievance is binding and not subject to further review. Time limits have been established in the interest of prompt adjustment of grievances. They may be extended within reason through the written mutual consent of both parties involved. It is the spirit of this procedure that all grievances be settled quickly and fairly without any subsequent discrimination against an employee who may seek to adjust a grievance, real or imagined and without any recrimination on the part of the employee with regard to his/her superiors. VII. RESIGNATION / TERMINATION 01.RESIGNATION Resignation is the separation of an employee from the City service through the submittal of a written notice expressing a desire to resign. The employee wishing to leave the City service in good standing shall notify his immediate supervisor at least two (2) weeks before leaving, stating the date the resignation is to be effective and the reason for leaving. The City reserves the right to accept the resignation on the day it is submitted if deemed appropriate by the Department Director. Employees on employment letters shall provide thirty (30) days' notice. Failure to provide sufficient notice may be cause for denying such employee re-employment by the City. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 37 Page 667 of 768 Department Heads shall forward the notice of resignation to Human Resources so that an and a completed Employee Activity Report (EAR) form to the Human Resources Directorcan be completed immediately upon receiving the resignation. Resignation includes those employees who do not retire under the City's General Retirement Fund or the Fire and Police Retirement Fund, but who do retire under either the 401(a) or 457 plans. Employees who terminate from City employment shall not be eligible for reemployment with the City for six (6) months following their date of termination, unless approved by the City Manager. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a period of three (3) consecutive working days is considered job abandomnent and will be treated as a resignation with no appeal rights. RETIREMENT Certain City employees are eligible to join the applicable Retirement Plan. Details of said plan are contained in the City General Retirement Fund and City Fire and Police Retirement Fund Ordinances. Retirement occurs under the terms of each plan. DISABILITY An employee may be separated for disability when the employee cannot perform the essential functions of the job with or without a reasonable accommodation because of a physical or mental impairment and an alternate existing and vacant position for which the employee is qualified is not available. In all cases, such separations shall be supported by medical evidence acceptable to the City Manager. The City may require examinations at its expense to be performed by health care providers of its choice. Such examinations may include physical and or medical evaluations, as well as the completion of current medical history reports. An employee's application for benefits under the Long Term Disability policy and approval for such benefits constitutes an inability to perform the essential functions of the position with or without reasonable accommodation and shall result in termination of employment. Employees unable to return to work from workers'compensation leave within six (6) months will be separated from employment where an alternate existing and vacant position for which the employee is qualified is not available. DEATH Separations shall be effective as of the date of death. All compensation due to the employee as of the effective date of separation shall be paid in accordance with Florida Statute 222.15 (1) to the surviving spouse, if any. If there is no spouse, to the children over the age of 18. If there are no such children, to the mother or father. If there are no such relatives as stated, the City will accept letters of administration issued by the probate judge to determine the proper payee. Department Heads shall forward the notice of resignation to Human Resources so that an Employee Activity Report (EAR) can be completed immediately upon receiving the resignation. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 38 Page 668 of 768 department as required) for a period of three (3) consecutive working days is considered job abandomnent and will be treated as a resignation with no appeal rights. Termination or Severance Pay There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided herein, however, some individual letters of employment may include severance pay provisions. 02. Lay off Employees selected for lay off will be at the City Manager's discretion in consultation with the department head and the Human Resources Department. By the direction and authority of the City Manager, an employee or employees may be laid off when deemed necessary by reason of shortage of funds, lack of work, the elimination of the position, or other material changes in the duties or organization, or for related reasons which are outside the employee's control and which do not reflect discredit upon the service of employees. The duties performed by any employee laid off may be reassigned to other employees already working who hold positions in appropriate classifications. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 39 Page 669 of 768 VIII. APPENDIX 01. DEFINITIONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRATIVE REVIEW means review of the disciplinary action in question; after which, the Human Resources Director shall either sustain, reverse, or modify the disciplinary action. The disciplinary actions which qualify for Administrative Review include, reprimands, suspensions with pay, demotions, and suspension without pay of two (2) workdays or less ALLOCATE the act of assigning each position to its proper class. ANNIVERSARY DATE an employee's date of hire or re-hire, whichever is later. APPEAL a request for an administrative review by the Human Resources Director or a final review by the City Manager, depending upon the severity of discipline. CERTIFY the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS a position or group of positions which have similar duties and responsibilities, require similar qualifications,can be properly designated by a title, indicative of the nature of work,and are assigned to the same pay range. COMPENSATORY TIME time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA CONTINUOUS SERVICE employment which is uninterrupted. CONTRACT EMPLOYEE an employee hired by direct Letter of Appointment from the City Manager. DEMOTION the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT Operating Department, unless specifically referred to as Human Resources Department. DISMISSAL the discharge of an employee from his/her position with the City. The terms termination and dismissal are interchangeable. ELIGIBLE a person who has been found qualified for appointment to a position in a particular classification. EEOC the Equal Employment Opportunity Commission. EXAMINATION any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions; such as,evaluations of training and experience, performance tests, oral interview, written tests, and previous performance evaluations. FULL-TIME EMPLOYEE an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. JOB TITLE a definite descriptive designation for a job classification. LAY OFF the dismissal from employment because of shortage of work or funds, the abolishment of City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 40 Page 670 of 768 a position, consolidation of departments or divisions, privatization, reclassification or reorganization. OVERTIME PAY pay for non-exempt employees who are authorized and directed to work in excess of 40 hours in a seven (7) day workweek. PAY RANGE a salary range established by the City Commission with a minimum and maximum base salary. PART-TIME EMPLOYEE an employee who is scheduled to work less than 36 hours per week. POSITION a group of duties and responsibilities requiring the full or part-time employment of one person. A position may be occupied or vacant. PROBATIONARY EMPLOYEES any employee who is currently serving in a new position either by appointment, promotion, demotion, or reclassification, and has not completed his/her probationary period. PROBATIONARY PERIOD a period of twelve (12) months for any newly hired employee. If a new hire employee fails to meet standards during the probationary period, he/she is subject to discharge, demotion, or suspension without warning or statement of cause. Promoted, demoted or transferred employees have a six (6) month probationary period. PROMOTION the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. REGULAR STATUS an employee who has completed a probationary period. New hires are considered probationary and cannot move to another postion until their twelve (12) month probationaly period is completed. SUSPENSION the separation with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE an employee holding a position other than regular full-time or part-time for a specified period of time. TEMPORARY POSITION all positions that are not designated regular. TERMINATION the discharge of an employee from his or her position with the City. The terms termination and dismissal are interchangeable. UNION EMPLOYEE an employee whose position is covered by a collective bargaining agreement and who has terms and conditions of their employment covered by that agreement. VACANCY a position existing or newly created, which is not occupied. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 41 Page 671 of 768 BOYNTON 6 rB E A C H City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 42 Page 672 of 768 PERSONNEL POLICY MANUAL CITY OF BOYNTON BEACH IMPORTANT NOTICE Many of the policies contained in this manual are based on policy determinations, legal provisions, interpretations of law, and employee_ relations principles, all of which are subject to change. For this reasan, this manual is considered to be a guideline and is subject to change with little notice. This manual does not constitute a contract of employment. Nothing in this manual shall be construed to constitute a contract or offer of a contract. The City has the right, at its discretion, to modify this manual at any time with or without notice. The provisions set forth in this manual are not intended to create a property right or entitlement. Nothing herein limits the City's rights to terminate employment. 1 Page 673 of 768 1 TABLE OF CONTENTS 2 Page 3 I. GENERAL PROVISIONS .................................................................................................. 5 4 01. Purpose of These Policies..........................................................................................................5 5 02. Organization for Personnel Administration..................................................................................5 6 03. Equal Employment Opportunity Statement.................................................................................6 7 04. Code of Ethics... .......................................................................................................................6 8 05. Harassment................................... ......................................................................................................7 9 06. Violence in the Workplace.........................................................................................................8 10 07. Drug and Alcohol Use ...............................................................................................................9 11 08. Americans with Disabilities Act (ADA) ........................................................................................9 12 09. Effective Date of Policies...........................................................................................................9 13 II. EMPLOYMENT.................................................................................................................. 9 14 01. Types of Employees.............................. ......................................................................................9 15 02. Recruitment and Selection ......................................................................................................10 16 03. Employment of Relatives.........................................................................................................12 17 04. Hours of Work........................................................................................................................13 18 05. Human Resources Information / Employee Files.......................................................................13 19 06. Probationary Period................................................................................................................13 20 III. COMPENSATION ........................................................................................................14 21 01. Overtime ...............................................................................................................................14 22 02. Callback and On Call...............................................................................................................14 23 03. Compensatory Time................................................................................................................15 24 04. Incentive Pay System .............................................................................................................15 25 05. Bonus Awards.......................................................................................................................16 26 06. Demotions/Transfers............................................................................................................16 27 07. Travel ....................................................................................................................................17 28 29 IV. BENEFITS ..................................................................................................................17 30 01. Legal Holidays........................................................................................................................17 31 02. Furlough Hours ..........................................................................................................................18 32 03. Vacation Leave.......................................................................................................................18 33 04. Sick Leave with Pay................................................................................................................19 34 05. Emergency Cash-In of Vacation and / or Sick Leave Time ....................................................... ......20 35 06. Bonus Hours ..........................................................................................................................20 36 07. Leave With Pay......................................................................................................................21 37 08. Disability/ Leave Without Pay.................................................................................................23 38 09. Family and Medical Leave Act..................................................................................................23 39 10. Retirement Benefit .................................................................................................................23 40 V. PROFESSIONAL DEVELOPMENT....................................................................................24 41 01. In-Service Training .................................................................................................................24 42 02. Tuition Assistance...................................................................................................................24 43 VI. DISCIPLINE................................................................................................................24 44 01. Disciplinary Actions.................................................................................................................24 45 Misconduct.............................................................................................................................25 46 Serious Misconduct .................................................................................................................26 47 Extreme Misconduct................................................................................................................27 48 Procedure for Disciplinary Action..............................................................................................28 49 02. Disposition of Criminal Charges ................................... ..............................................................31 City of Boynton Beach Effective Date:03/01/1998 3 Personnel Policy Manual Last Revised May 2011 Page 674 of 768 1 03. Formal Grievances..................................................................................................................31 2 VII. RESIGNATION / TERMINATION..................................................................................32 3 01. Resignation/Termination.........................................................................................................32 4 02. Lay-Off..................................................................................................................................32 5 VIII. APPENDIX ...............................................................................................................33 6 01. DEFINITIONS..........................................................................................................................33 7 8 City of Boynton Beach Effective Date:03/01/1998 4 Personnel Policy Manual Last Revised May 2011 Page 675 of 768 1 2 I. GENERAL PROVISIONS 3 4 01. Purpose of These Policies 5 6 These policies are to provide guidance for the administration of the City's Personnel program. 7 8 A.These policies shall apply to all classifications, unless a classification is covered by a 9 collective bargaining agreement or an appointment letter. If the bargaining agreement 10 that covers an employee or an employee's appointment letter does not address specific 11 issues then these policies shall apply as to that issue. 12 13 B. An employee who is promoted or reclassified from classifications previously covered by 14 a bargaining unit agreement or by any previous rules or regulations into positions affected 15 by these policies, shall be considered covered by these policies effective as of the date of 16 the promotion or reclassification. 17 18 Approval of Policies 19 These policies shall be in force and effect when approved by Ordinance of the City Commission. In 20 the event of any conflict between these rules and any other existing policies, rules or regulations 21 which are in conflict with these policies, these policies shall prevail. 22 23 Amendment of Policies 24 These policies may be amended from time to time by Ordinance of the City Commission., 25 26 Codification 27 The City Ad m in istration reserves the right to re-codify the Personnel Policy Manual to facilitate its 28 use. 29 30 02. Organization for Personnel Administration 31 32 City Commission: 33 34 The City Commission shall: 35 36 A. Have the power to approve or amend the Policies after receiving a recommendation from 37 the City Manager. 38 39 B. Ratify letters of appointment when required by the City Charter. 40 41 City Manager 4j The City Manager shall: 45 A. Be responsible to the City Commission for the administration of the personnel system. 46 B. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate 47 employees. The City Manager may, in his/her discretion, delegate administrative 48 authority to the Human Resources Director or Assistant City Manager to approve 49 personnel actions. The City Manager may enter into letters of appointment to hire or 50 retain exempt status management employees under such terms and conditions as the 51 City Manager deems necessary to hire or retain competent management personnel. 52 Ratification of letters of appointment by the City Commission is not required unless City of Boynton Beach Effective Date:03/01/1998 5 Personnel Policy Manual Last Revised May 2011 Page 676 of 768 otherwise required by the City Charter. 3 C. Perform other duties and have and exercise other powers in personnel administration 4 as is vested in the City Manager by the provisions of the City Charter, applicable law 9 and these policies. 7 D. Appoint a Human Resources Director who shall be responsible to the City Manager for 8 the administration of the City's Human Resources programs. 9 10 Human Resources Director: 11 The Human Resources Director shall: 15 A. Administer the provisions of these policies. 16 B. Develop and administer recruitment and examination programs to source competent 19 applicants to meet the needs of the City. 19 C. Develop, administer and maintain job descriptions/classification specifications that N reflect the duties being performed by each employee. 22 D. Perform a periodic review of compensation levels, in the area, to the extent that such R levels affect City employment. 25 E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out P the Human Resources programs. 28 F. In cooperation with the City Manager and various department heads, develop and 30 establish training and educational programs for employees as conditions warrant. 31 G. Perform Human Resources administration activities consistent with the City Charter or B these policies, as the City Manager may direct, or as may be required by Ordinance. 34 H. Prepare and recommend policies or amendments to the policies as necessary or 35 advisable to carry out the intent and purposes of the City's Human Resources 37 programs. 38 I. Administer the Employee Benefit Programs. 39 J. Periodically, review the Human Resources Personnel Policy Manual (PPM) and make 40 recommendations to the City Commission through the City Manager for amendments 41 of the PPM. 42 K. Administer the Performance Appraisal Program. 43 03. Equal Employment Opportunity Statement 44 The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because 45 of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where 46 such factor is a bona fide occupational qualification or is required by State and/or Federal law), 47 sexual orientation, marital status, veteran status and/or other protected class status in all aspects 48 of its personnel policies, programs, practices, recruitment, examination, appointment, training, 49 promotion, retention or any other actions and operations. 50 51 04. Code of Ethics 52 In accordance with the City of Boynton Beach current Ordinance, all City employees are subject 53 to and must comply with the Palm Beach County Code of Ethics. Employees are required to 54 complete City ethics training programs and submit a signed proof of training to Human 55 Resources for inclusion in the employee's personnel file. New hires are required to complete 56 the ethics training and submit their proof of training form to Human Resources within one (1) 57 month of employment. 58 City of Boynton Beach Effective Date:03/01/1998 6 Personnel Policy Manual Last Revised May 2011 Page 677 of 768 1 05. Harassment 2 3 The City of Boynton Beach is committed to providing a work environment that is free of unlawful 4 harassment. Harassment (both overt and subtle) is a form of discrimination when a person is 5 subjected to a hostile or offensive work environment because of threatening, intimidating, 6 embarrassing, or other offensive behavior based on race, religion, age, disability, sex, national 7 origin, sexual orientation, or other protected class status. 8 9 Unlawful harassment is a serious offense and a violation of the City's standards of conduct. Any 10 employee who engages in harassment of another employee or encourages such behavior by 11 others shall be subject to disciplinary action up to and including dismissal. By way of illustration, 12 but not limitation, the following shall constitute inappropriate workplace behavior: 13 14 1. Disparaging remarks (written or verbal) of a discriminatory nature. Includes slurs toward 15 a protected group; 16 2. Jokes targeting a protected group, as well as jokes or comments or a sexual nature; 17 3. Posters, flyers, personal attire, etc., designed to promote discrimination or harassment of 18 a protected group; 19 4. Disparate treatment of individuals in the protected categories involving recruitment, 20 promotional opportunities and application of policies, procedures and regulations; 21 5. Acts of violence, threats of violence, or other harmful or offensive behavior intended to 22 promote a hostile work environment because of an individual(s) membership in a 23 protected group; 24 6. Sexual harassment can include unwelcome sexual advances, request for sexual favors, 25 and other verbal or physical conduct of a sexual nature that creates a hostile or 26 intimidating environment. The policy prohibits behavior that is not welcomed by the 27 employee and is personally offensive such as, but not limited to: 28 • Sexual flirtations, advances or propositions. 29 ■ Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or 30 degrading comments about an employee's appearance, or the display of sexual objects 31 or pictures. 32 • Any uninvited physical contact or touching, such as patting, pinching or intentionally 33 brushing against another's body. 34 35 Provisions 36 1. All levels of supervisors are responsible for communicating this policy, and for 37 recognizing, responding, taking corrective actions, and/or preventing the harassment of 38 City employees. 39 2. Employees who feel they are a victim of harassment have an obligation and a duty to 40 advise the individual instigating the harassment that the conduct or behavior is unwelcome 41 and offensive. If the behavior continues, the employee is required to immediately report 42 the behavior to their own supervisor or to Human Resources. The individual instigating the 43 harassment may not necessarily be another employee, co-worker, or supervisor, but may 44 also be any other person conducting business for or with City employees. 45 3. Employees are required to complete Preventing Harassment and Discrimination policy 46 training on-line as directed. 47 48 Procedures City of Boynton Beach Effective Date:03/01/1998 7 Personnel Policy Manual Last Revised May 2011 Page 678 of 768 1 1. Employees should report any harassment complaint immediately. Employees have the 2 option of reporting the complaint as follows: 3 a. to their supervisor or department director, or 4 b. to the Director of Human Resources or a Human Resources Department designee. 5 2. If the supervisor or department director is the person accepting the complaint, he or she 6 will try to resolve the problem and will also notify the Director of Human Resources of the 7 complaint. 8 3. A written statement will be requested of the complainant. Human Resources will begin 9 coordinating and conducting the investigation process in a timely manner. 10 4. The City will provide an administrative response in a timely and reasonable manner. The 11 response will indicate corrective actions, if any, to the employee filing the complaint and to 12 the individual(s) involved in the harassment. 13 5. If the employee perceives the situation to be threatening, that employee may request 14 authorization to use accrued annual leave, leave without pay or a job transfer. Approvals 15 will be determined on a case-by-case basis. 16 6. Disciplinary and/or corrective actions shall be imposed based upon the severity of 17 confirmed harassment. 18 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed 19 by law to the persons involved in any investigation of a complaint. 20 8. Employees exercising their rights by filing a complaint in good faith will not be retaliated 21 against by the City regardless of the findings of the investigation; however, any employee 22 found to have provided false or misleading information or one who does not fully 23 cooperate with an investigation when filing a complaint may be subject to disciplinary 24 action. 25 9. The Director of Human Resources shall determine the administrative operating procedures 26 for this policy. 27 28 06. Violence in the Workplace 29 30 The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. It is the 31 intent of the City to provide a workplace free from intimidation, threats, or violent acts. 32 33 1. Violence, potential for violence, or the threat of violence, by or against any employee of 34 the City of Boynton Beach, is unacceptable and will subject the perpetrator to serious 35 disciplinary action up to and including termination, and criminal charges. 36 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not 37 permitted at work, or on City property, including City vehicles, unless such possession or 38 use of a weapon is a necessary and approved job requirement . 39 3. Any person who exhibits unusual behavior or makes threats, exhibits potential for 40 violence or threatening behavior, or engages in violent acts on City property shall be 41 removed from the premises as quickly as safety permits, and shall remain off the City's 42 premises pending the outcome of an investigation. 43 4. All City personnel are responsible for notifying a supervisor of any threats, which they 44 have witnessed, received, or have been told that another person has witnessed or 45 received. 46 a. Even without an actual threat, personnel should report any behavior they have 47 witnessed which they regard as threatening or violent. 48 b. Failure to notify a supervisor of such activity will subject the employee to serious 49 disciplinary action up to and including termination, and criminal charges. City of Boynton Beach Effective Date:03/01/1998 8 Personnel Policy Manual Last Revised May 2011 Page 679 of 768 1 5. No employee acting in good faith, who reports real or implied violent behavior will be 2 subject to retaliation or harassment. 3 6. The actions of a supervisor, manager, or other employee will be dependent upon the 4 seriousness of the situation. However, consistent with personal safety, managers and 5 supervisors have a responsibility to make a good faith effort to defuse violent or 6 potentially violent situations as quickly as possible in order to prevent their escalation and 7 creating a threat to others. 8 7. Employees are required to complete Violence in the Work Place Policy training. 9 10 07. Drug and Alcohol Use 11 12 The City of Boynton Beach does not tolerate any type of substance abuse including the use of 13 illegal drugs, the abuse of prescribed drugs or alcohol abuse. This prohibition includes the 14 unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in 15 or away from the workplace. Employees are required to comply with the terms and conditions 16 of the City's Drug Free Workplace policy as approved in the most current City Ordinance. Any 17 employee who violates this policy is subject to disciplinary action up to and including dismissal. 18 (See Section VI Discipline .01 Disciplinary Actions, Extreme Misconduct.) 19 20 The City recognizes drug dependency as an illness and a major health problem. Consequently, it 21 provides an Employee Assistance Program (EAP) that offers short-term counseling, assessment 22 and referral services to an employee or an employee's immediate family members. 23 24 Drug and alcohol testing for employees will be performed in accordance with City policy and as 25 required to meet the requirements of the Department of Transportation and the City's Drug Free 26 Workplace Policy and the City's Safety Manual. 27 28 08. Americans with Disabilities Act (ADA) 29 30 The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and 31 employees are treated fairly in all aspects of employment. It is the policy of The City of Boynton 32 Beach to provide a workplace free from unlawful discrimination in which all applicants and 33 employees have equal opportunity in all areas of employment. In compliance with the U.S. 34 Department of Labor, Code of Federal Regulations, 28 C.F.R. 35.107, the City has designated 35 the Human Resources Director as the City's ADA Coordinator for employment related purposes. 36 It is the policy of the City to fully comply with the Americans with Disabilities Act (ADA). 37 38 09. Effective Date of Policies 39 40 The original effective date of the PPM is March 30, 1998, with amendments in 2000, 2002, 41 2003, 2005, 2009 and 2011. 42 43 H. EMPLOYMENT 44 01. Types of Employees 45 City employees are divided into three (3) groups: contract employees, regular employees and 46 bargaining unit employees. 47 48 1. Contract employees are individuals hired by direct Letter of Appointment. Senior 49 management positions, professional and technical employees may be hired by the City 50 Manager by Letters of Appointment. Salary, benefits and other terms and conditions of City of Boynton Beach Effective Date:03/01/1998 9 Personnel Policy Manual Last Revised May 2011 Page 680 of 768 1 employment shall be negotiated on an individual basis. The Letter of Appointment shall 2 specify which provisions of the PPM shall not apply to the employee. 3 4 2. Regular Employees are employees whose terms and conditions of employment are 5 covered by the PPM. Regular employees are not otherwise designated as contract 6 employees or as bargaining unit employees. 7 8 3 Bargaining Unit Employees are those employees whose positions are covered by a 9 specific bargaining unit and whose terms and conditions of employment are covered by 10 that agreement. 11 12 02. Recruitment and Selection 13 14 In order for the City to be operationally competitive with other governmental entities as well as 15 the private sector, the recruitment and retention of qualified employees is of paramount 16 importance. To achieve maximum efficiency, vacant positions shall be filled with the most 17 qualified candidates in the best interests of the City through recruitment, selection, 18 promotion/demotion or hiring of employees on the basis of their qualifications and relative 19 knowledge, abilities, and skills. 20 Basic Requirements 23 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. 24 2. Each department is responsible for assisting the Human Resources Department with 25 recruitment, interviews, tentative selections, and recommendations for appointment. 26 Departments do not have the authority to modify or waive the provisions of the PPM. 27 3. Human Resources has primary responsibility for hiring employees. All employment 28 discussions by department representatives are to be considered non-obligatory, 29 exploratory, and tentative in nature and should be indicated as such to the applicant. Any 30 offers of employment made to an individual prior to obtaining all necessary authorizations 31 shall not be binding on the City. 32 33 Procedures 35 A. Applications and Interviews 36 1. Once Human Resources has officially announced a job vacancy through the posting of 37 an Employment Opportunity notice on the City's website, the official recruitment 38 process has begun. The recruitment process may be withdrawn for any position by the 4 Director of Human Resources. 41 2. Individuals desiring consideration for employment must submit an Application for 42 Employment, to Human Resources via the City's website. All information provided in U the Application for Employment will be subject to verification. 45 3. New hires are required to complete a twelve (12) month probationary period before 46 they can apply for another position in the City. During certain economic conditions the 47 City Manager may waive this rule. Current employees who are interested in and qualify 48 for a posted vacancy are encouraged to apply by submitting their applications via the 98 City's website. Veterans' preference will be given in compliance with current legislation. 51 4. Falsification of any part of the Application for Employment or any related documents 52 may, upon discovery, lead to the denial of an application, withdrawal of an offer of 53 employment, or dismissal of the employee regardless of the employee's length of 54 service. City of Boynton Beach Effective Date:03/01/1998 10 Personnel Policy Manual Last Revised May 2011 Page 681 of 768 1 2 5. Departments should not accept applications or resumes since applicants are required i to apply on-line. Applicants should be referred to the City's website. 5 6. Human Resources will only accept applications for employment when a job vacancy 6 has officially been announced through the posting of the Employment Opportunity 9 notice on the City's website. 9 7. Human Resources will conduct background checks including but not limited to l y verification of academic degrees, certifications and licenses as applicable. 12 8. Certain classifications may require meeting applicable testing requirements prior to 13 candidates being given consideration. Human Resources will administer examinations 19 for classifications that require tests as part of the selection process. 16 9. Human Resources will forward test results and applications that meet the minimum 17 qualifications of the position to the appropriate Department Head/Department Head 10 Designee or the hiring manager. 20 10. Upon receipt of the eligible applications, the department should: 21 a. Review and evaluate all applications based on, but not limited to; relative 22 qualifications, knowledge, abilities, skills, education, degree requirements, 23 experience, and certifications or licenses required in accordance with 24 current classification specifications. 25 b. Determine that the applicant pool is sufficient prior to proceeding to the 26 interview and/or applicant testing step and prior to making a 27 recommendation for employment. 28 C. Prepare an interview schedule and conduct interviews. Human Resources 29 may assist in scheduling, contacting, or interviewing of applicants at the 30 request of the department. 31 d. Determine which candidate is most suitable for further consideration and 32 proceed with applicant testing, if applicable, or additional interviews, if 33 necessary. 34 e. If a selection cannot be made the department should notify Human 35 Resources to re-post the Employment Opportunity Notice to solicit 36 additional candidates. 37 38 B. Selection, Reference Checks and the Recommendation Process 39 40 1. Once the interview process has determined suitable applicants, the department is 41 responsible for checking employment history and references. No inquiry regarding 42 criminal records, credit history or medical conditions shall be made at this step of the V evaluation. 45 2. Human Resources may also conduct verifications regarding academic degrees, licenses 46 and certifications, as applicable, verifying previous employments, and references. All 19 information provided on the Application for Employment will be subject to verification. 49 3. Once the results of reference checks and other verifications are determined to be 51 satisfactory, the department will be notified. 52 4. The department may then recommend an applicant for employment and submit the 53 proper forms to Human Resources for processing. If the Department Director proposes 54 a salary that exceeds the minimum of the position's pay range, written justification 99 must be included for consideration of the salary. 57 5. Upon approval of a recommendation for employment and in conjunction with a City of Boynton Beach Effective Date:03/01/1998 11 Personnel Policy Manual Last Revised May 2011 Page 682 of 768 1 tentative offer of employment, a pre-employment physical and a drug test may be 2 conducted. Medical results must be satisfactory to determine fitness for duty. At this 3 step of the hiring process, Human Resources, shall also conduct the appropriate 4 background verification and may verify credit, following the requirements of the Fair 9 Credit Reporting Act. 7 6. After review and acceptance of an applicant's background history and other pre- 8 employment screening, the Human Resources Director may authorize proceeding with 18 the hiring process. 11 7. It is the City's intent to employ the most qualified applicant best suited for the 12 position. Current employment with the City is a factor, but is not, in and of itself, the 13 determinative or controlling factor. 14 15 C. Employment Acceptance 16 17 1. Employment acceptance must be made by the applicant, within three (3) workdays of 18 the department's employment offer, unless otherwise extended by Human Resources. 19 If employment acceptance is declined, the department may consider another applicant 20 from the recruitment's applicant pool, or the department may choose to begin a new recruitment process. Employment Procedures shall be followed in either case. 23 2. Human Resources and the department will collectively establish the hire date upon 24 pre-employment clearance. New employees must provide proof of work eligibility 25 and verification of identity to the City within three (3) business days of their first 26 work day in accordance with the Department of Homeland Security's employment 27 eligibility requirements. Upon hire, Human Resources will forward the necessary 28 employee paperwork to the Finance Department for payroll purposes. 29 3Y D. Orientation 32 Human Resources shall schedule and conduct a general orientation program for all new 33 employees to explain the City's history and organization, to review City Policies including 34 the Code of Ethics, to assist with the completion of benefit program enrollment forms, and 35 to emphasize the use of safe work practices. 36 37 03. Employment of Relatives 38 39 An employment decision that results in the hiring of a relative of another City employee must be 40 in compliance with the Florida state law on nepotism. This policy is intended to eliminate hiring 41 practices that result in conflicts of interest, favoritism or the appearance of impropriety. 42 43 A. No person may be hired or transferred into a department in which he/she has an 44 "immediate family" member working if it would necessitate one to supervise or evaluate 45 the other. 46 47 B. Persons becoming husband and wife while working within the same department may not 48 both continue their employment in the same department, if one supervises or evaluates 49 the other. 50 51 C. The provisions of Florida Statute 112.3135, regarding nepotism shall supersede any 52 provision of this Policy. 53 City of Boynton Beach Effective Date:03/01/1998 12 Personnel Policy Manual Last Revised May 2011 Page 683 of 768 1 04. Hours of Work 2 3 Hours of work will be determined by Department Directors, subject to the approval of the City 4 Manager and shall: 5 A. be determined in accordance with the needs of the City, and 6 B. be established in a manner that promotes environmental sustainability by conserving 7 financial and environmental resources, and 8 C. be established to provide the public with convenient access to City resources and services. 9 10 05. Human Resources Information / Employee Files 11 12 The official personnel file of each employee is electronically maintained in Human Resources. All 13 documents in the file, with certain exceptions, are subject to the Florida Public Records Statute 14 119.07 that requires information in the file be made available for review upon request. 15 Documents/information exempted by this Law (with some exceptions, e.g. a Court Order) are: 16 ■ Social Security Number 17 ■ Medical information 18 ■ Benefit Information 19 ■ Home Address and telephone number of employees designated in F.S. 119.07 20 ■ Spouse's work and children's school addresses and telephone numbers of these 21 employees 22 23 When there is a request to review an employee's personnel file, the employee must be notified in 24 writing within ten (10 days) (E-mail is acceptable notification). 25 26 Employees must notify Human Resources in writing, within ten (10) days, whenever they have a 27 change of address or telephone number, or a change in the name, address or telephone number 28 for their emergency contact. 29 30 06. Probationary Period 31 32 In order to determine that each employee is placed in a position most likely to result in a 33 successful career at the City, all newly hired or promoted/demoted or transferred employees 35 shall be required to complete a probationary period. 36 All Probationary employees: 37 • Have no property entitlements to their positions. 38 • Shall be subject to demotion without the City being required to state a reason. The 39 probationary employee can not appeal the demotion. 40 • Shall be subject to dismissal without cause, after review by Human Resources. 41 • Have no right to appeal or grieve any type of disciplinary action. 42 43 New Hire (Full-time): 44 Each new full-time employee must successfully complete a probationary period of twelve (12) 45 months from the date of hire. During the twelve (12) month probationary period new hires are 19 not eligible to apply for other positions. 48 Part-Time to Full-Time: 49 A part-time employee who accepts a full-time position must successfully complete a City of Boynton Beach Effective Date:03/01/1998 13 Personnel Policy Manual Last Revised May 2011 Page 684 of 768 probationary period of twelve (12) months from the date of the status change. 3 Promotion to a Higher Graded Position: 4 5 Each promoted employee must successfully complete a probationary period of six (6) months 6 from the date of promotion. Note: Applicants for promotion must have been in their current 7 position for a minimum of six (6) months and have a "Meets Standards" or higher performance 8 rating. The pay of a promoted employee, who is demoted prior to completion of a probationary 9 period, will be reduced by the same amount as the promotional increase. Exceptions to this 10 policy may occur if there is a departmental restructuring that results in an involuntary demotion 11 for one or more employees. The City Manager must approve any restructuring and resulting I§ demotions. 14 Transfer to a different position, whether in the same pay grade or as a demotion: 15 16 Each transferred or demoted employee must successfully complete a probationary period of six 17 (6) months from the date of transfer or demotion. 18 19 III. COMPENSATION 20 01. Overtime 23 The City has the right to assign work and overtime. Exempt employees are not eligible for 24 overtime compensation. Overtime pay for non-exempt employees may be given only for 25 authorized or directed time worked in excess of 40 hours in a seven (7) day workweek. Overtime 26 will not be granted for less than a fifteen (15) minute period. In calculating eligible overtime 27 compensation, only actual hours worked shall be counted. 28 29 Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. R? 02. Callback and On Call 32 Callback 33 Callback is an unscheduled or emergency return to work, at the request of a Department Director 34 or his/her designee, outside of officially scheduled work hours or on a holiday or day off. It is not 35 overtime or holiday if work is scheduled in advance and a regularly recurring call to duty. 36 37 Any employee who has physically left work (punched out, etc.) and is called back to work by 38 his/her Department Head or the Department Head's designated representative for an unscheduled 39 or emergency assignment, shall be compensated for two (2) hours of call back pay, plus the time 40 worked in excess of the first fifteen (15) minutes. 41 42 If work conducted on the call extends into normal work hours, the time worked will be paid at 43 straight time. Employees called back to work during lunch breaks are not entitle to Call Back Pay. 44 In this case the finishing time for that particular work day will be adjusted accordingly. 45 46 On Call 47 To provide for after-hour service needs, some operations within the City may designate non- 48 exempt employees to be on-call. 98 51 Restricted on-call: time spent on or away from City premises under conditions which prevent 52 the employee from using the time for personal activities. All such time in readiness is N considered time worked. 55 Unrestricted on-call: all time after regularly scheduled working hours when an employee is City of Boynton Beach Effective Date:03/01/1998 14 Personnel Policy Manual Last Revised May 2011 Page 685 of 768 1 designated to be available for call-back. The employee is free to pursue personal activities but 2 must respond to pager or cellular phone contact within designated guidelines set by the 3 department head. This is not considered time worked. If called back, however, call-back 4 compensation will be paid. 5 6 03. Compensatory Time 7 8 An employee eligible for overtime may be granted compensatory time off at the same rate it was 9 earned (i.e., straight time for straight time, time and one-half for time and one-half). 10 Compensatory time can be earned, accumulated, and used, with the Department Director's 11 approval or direction, in accordance with the Fair Labor Standards Act. Compensatory time will be 12 accrued and used at the same rate the overtime rate would be paid. Employees may accumulate 13 a maximum of eighty (80) hours of compensatory time. At no time may an employee accumulate 14 more than eighty (80) hours of compensatory time. Compensatory time may be taken as earned 15 subject to the approval of the Department Head/Designee who shall schedule the time off to meet 16 the operating requirements of the Department. If an employee's collective bargaining agreement 17 addresses this issue, the contract language will be followed. 18 19 The choice of whether to grant overtime pay or compensatory time rests solely with management 20 and depends on the most efficient and economical delivery of services. 21 22 04. Incentive Pay System 23 24 Due to budgetary constraints the City Manager, at his/her discretion, may suspend the Incentive 25 Pay System during any fiscal year by memorandum to the City Comission. 26 27 The City of Boynton Beach has established the Incentive Pay System to motivate and reward 28 individuals or groups of employees according to their job performance and contributions toward 29 the accomplishment of major objectives. The purpose of the system is to promote continuous 30 improvement and quality performance through individual and cooperative effort, assist in career 31 development and advancement, identify individual training needs, determine suitability for 32 assignment, effectiveness in the assigned position and identify individual ability for assuming 33 more responsibility. All employees should be continually working towards the values, goals, and 34 objectives of the City. 35 36 Incentive payments will be considered for the following type of activities (although they are not 37 limited to just these types of activities): 38 39 • Customer service improvements. 40 ■ Cost efficiencies (savings). 41 • Improvements in operations. 42 ■ Productivity enhancements. 43 • Expanding hours of operations. 44 ■ Doing work in-house rather than engaging a consultant. 45 46 Incentive pay and bonuses will not be included in the employee's base pay and may not be 47 carried forward in subsequent years in accordance withSee FloridaStatute 166.021(7). 48 49 Eligibility 50 City of Boynton Beach Effective Date:03/01/1998 15 Personnel Policy Manual Last Revised May 2011 Page 686 of 768 1 Regular budgeted employees, both full-time and part-time, who have successfully passed their 2 probationary period, are eligible for this program. 3 4 05. Bonus Awards 5 6 Due to budget constraints the City Manager, at his/her discretion, may suspend the Bonus Awards 7 Program. 8 9 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus up 10 to $500.00 when the City Comission has appropriated funds for bonus payments and, when such 11 a bonus is justified, in writing, by the Department Head. This bonus will not affect the employees 12 pay grade or pay rate. Funds for the bonus will be budgeted as a separate allowance and 13 administered under the direct control of the City Manager. Employees are not automatically 14 entitled to bonus money and only one bonus will be allowed to an employee in a fiscal year. This 15 approach is a system where the immediate supervisor and Department Director can recognize top 16 performance and reward the employee promptly. 17 18 Bonuses will not be included in the employee's base pay, are not pensionable income and will 19 not be carried forward in subsequent years, in accordance with FloridaStatute 166.021(7). 20 Adoption of the PPM by the City Comission constitutes Commission approval of an extra 21 compensation program. 22 23 06. Demotions/Transfers 24 25 Demotions 26 Transfer of an employee from a higher graded position to a lower graded position may be 27 initiated due to any of the following reasons: 28 • The City demoting an employee as part of a departmental restructuring; 29 • Realignment of responsibilities for failing to meet standards of performance. 30 • The inefficiency or incompentence of an employee in the performance of assigned duties; 31 • The failure of an employee to comply with employment conditions such as licensure or 32 certification; 33 • The employee requesting a voluntary demotion to a lower graded position. 34 • Any other valid reason for a demotion which is not stated herein. 35 36 Each demoted employee must successfully complete a probationary period of six (6) months from 37 the date of demotion. Failure of an employee to successfully complete probation shall result in 38 termination of employment. 39 o See Section II Employment, 06 Probationary Period for guidelines regarding 40 probationary employees. 41 Transfers 42 The City retains the exclusive right to transfer employees from one location to another, one shift 43 to another, or from one starting time to another. 44 • Employees transferring from one position to another in the same pay grade, whether in 45 the same or in a different department will maintain the same pay rate. 46 • Each transferred employee must successfully complete a probationary period of six (6) 47 months from the date of transfer. 48 o See Section II Employment, 06 "Probationary Period" for guidelines regarding City of Boynton Beach Effective Date:03/01/1998 16 Personnel Policy Manual Last Revised May 2011 Page 687 of 768 1 probationary employees. 2 07. Travel 3 4 This policy applies to all departments budgeting travel expenses and to all employees and 5 authorized persons incurring and requesting reimbursement of travel expenses. Occasional 6 travel by City authorized persons is considered necessary and advantageous to the conduct of 8 City business. 9 1. Attendance at selected professional association meetings, technical training courses, and 10 business meetings provide a benefit to the City and its taxpayers through an increased 11 awareness of technical and administrative developments. 12 2. However, the time and cost of travel, the resulting absence from normal duties, and the 13 public's sensitivity to these issues demand examination of alternative means of 14 accomplishing travel purposes. Consider telephone conference calls, webinars, in-house 15 and local sessions, and written communications prior to requesting travel authorization. 16 3. When no feasible substitute for travel exists, the traveler and the approving authority 17 must keep all associated expenses to a minimum. 18 4. Travel must be authorized well in advance as last minute arrangements and changes 19 can be costly. �1 5. Travel expense reimbursements will be made within limitations of this policy. 22 The complete policy administered by the Financial Services Department, to include definitions, 23 procedures and forms, is included in the Administrative Policy Manual. 24 25 IV. BENEFITS 26 27 01. Legal Holidays 28 29 Unless required to be on regular duty, legal holidays to be observed by the City's employees are: 30 31 New Year's Day Veterans Day 32 Martin Luther King, Jr. Day Thanksgiving Day 33 Presidents' Day Day after Thanksgiving 34 Memorial Day Christmas Eve Day 35 Independence Day Christmas Day 36 Labor Day 37 38 The City Manager and City Commission reserve the right to declare these and any other holidays 39 on a date designated by them. The declared date does not necessarily have to be on the 40 traditional holiday, but on a date that meets the best interest of the City. 41 42 Hourly rate employees must work their regularly scheduled workday immediately before and after 43 the holiday in order to receive pay for the holiday, or be in an authorized with pay status 44 immediately before and after the holiday. Part-time, temporary, and emergency appointed 45 employees are not eligible for holidays with pay. 46 47 Full time employees shall be compensated for City observed holidays as follows: 48 • When a City observed holiday falls on an employee's scheduled work day, the employee 49 will receive eight (8) hours of holiday pay at his/her straight time pay rate. 50 • When an observed holiday falls on an employee's non-scheduled work day it will be 51 treated as a floating holiday and eight (8) hours will be added to the employee's vacation City of Boynton Beach Effective Date:03/01/1998 17 Personnel Policy Manual Last Revised May 2011 Page 688 of 768 1 leave bank. 2 • Employees on vacation, annual military leave, jury duty, sick leave, compassionate leave, 3 or any other absence, but in an active pay status on the day the holiday is observed shall 4 use the holiday on the same day that it is earned. 5 • Holidays that occur during vacation leave shall not be charged against such vacation leave. 6 • If an employee's collective bargaining agreement addresses City observed holidays, the 7 contract language will be followed. 8 9 Due to budgetary constraints legal holidays may be suspended and designated as unpaid time by 10 the City Manager when approved by the City Commission. Other days off, paid or unpaid, may be 11 specifically designated from time-to-time by the City Manager and approved by the City 12 Commission. 13 02. Furlough Hours 14 Furlough leave is the placement of an employee in a temporary non-duty, non-paid status for 15 budgetary related reasons. The implementation of furloughs is a policy decision reserved to the 16 City Commission. The City Manager shall have the authority to exempt certain employees from 17 furloughs during periods of declared emergencies. 18 19 03. Vacation Leave 20 Each full time employee shall earn vacation leave at the rates shown in the schedulefl outlined 21 below. The number of hours credited per year will not increase after the 21st year of service 22 unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for 23 any week in which the employee is not in a paid status for 24 or more hours. A regular employee 24 shall, upon termination of employment with the City, be paid for unused accumulated vacation 25 leave. Employees on their initial one (1) year probation are not eligible to take vacation for the 26 first six (6) months of employment. Employees, who end their employment with the City within 27 the first six (6) months of employment, are not eligible to be paid for any accrued vacation time. 28 VACATION ACCRUAL POLICY 29 (Based on 40 hour work week) Years of Service Vacation Hours 1 Year 80 2 - 3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16 — 20 Years 192 21 years and after 200 30 31 Employees may accrue vacation leave to a maximum of the leave earned in the most recent 32 two employment years. Vacation leave accrued during October 1 — September 30 may exceed 33 this stated policy, however, any amount over the allowable maximum that has not been used 34 during that October 1 — September 30 will be forfeited as of September 30 of that fiscal year. 35 However, employees who have been denied vacation shall have the excess vacation hours paid 36 to them at their regular straight time rate of pay in the last pay check of the fiscal year. City of Boynton Beach Effective Date:03/01/1998 18 Personnel Policy Manual Last Revised May 2011 Page 689 of 768 1 Employees who were covered by the vacation accrual and sick leave payout policies in effect 2 prior to 1991 will continue to be covered by those schedules. 3 4 04. Sick Leave with Pay 5 6 Sick leave with pay shall be granted to contract and regular full time employees, including 7 employees serving a probationary period on an original appointment, at the rate of eight (8) 8 hours for each completed month of service (96 hours/year). Such leave shall be computed on an 9 employment year basis. Sick leave pay will be paid at the same rate as a regular workday. 10 Unlimited accumulation of sick leave is authorized. Bargaining Unit employees will be granted sick 11 leave in accordance with their collective bargaining agreement. 12 13 Sick leave shall not be considered as a right which an employee may use at his/her discretion, but 14 rather as a privilege which shall be allowed only in case of: personal sickness, disability, legal 15 quarantine or because of exposure to contagious disease. Up to 40 hours per fiscal year may be 16 taken for regular and contract employees for the illness of an immediate family member(spouse, 17 child, parent). 18 19 In the case of a prolonged, catastrophic illness within the family, an employee may take additional 20 family sick time in accordance with Family and Medical Leave Act (FMLA). If the illness is not a 21 qualifing event for FMLA leave, additional time may only be taken if a doctor's letter is submitted 22 and the Department Director , the Human Resources Director and the City Manager approve. In 23 this scenerio it may be extended to forty (40) hours for a total of eight (80) hours. Family sick 24 leave not covered by FMLA may be extended, but not to exceed twelve (12) weeks in a rolling 25 twelve (12) month period. See Section IV Benefits, 09 FMLA. FMLA Sick leave will not be granted 26 if it falls on regular days off or on a holiday. 27 28 In order to be granted sick leave with pay an employee must meet the following conditions: 29 A. Notify his/her immediate supervisor or supervisor's designee at least one (1) hour before 30 the beginning of the scheduled workday of the reason for his/her absence. 31 B. For medical examination, treatment or evaluation of non-elective, necessary medical 32 procedures. 33 C. File a written request for sick leave on the form and in the manner to be prescribed. 34 D. For absences of more than three (3) consecutive workdays, sick leave must be 35 documented by a doctor's certificate explaining the absence and/or unfitness for duty. In 36 the case of extended absences, four (4) days or more, it is the duty of the employee to 37 contact his/her Supervisor or Department Manager on a weekly basis until he/she is 38 cleared for return to work. The City reserves the right to require an interim doctor's 39 certificate/report during the employee's extended absence. 40 E. If excessive sick leave is taken in such a way as to indicate a pattern, random or 41 otherwise, the employee will be placed on restricted sick leave for ninety (90) days and a 42 doctor's certificate will be required for any sick leave related absence. If there is a 43 violation of the restricted sick leave policy, or additional incidents of absences, progressive 44 discipline shall be applied and the employee will be placed on another ninety (90) day 45 period of restrictive sick leave beginning on the date of the policy violation). 46 F. No sick leave will accrue for any week in which the employee is not in a paid status for 47 twenty-four (24) or more hours. 48 G. In computing sick leave taken, all employees shall be charged one (1) hour sick leave for 49 each hour not worked because of illness. 50 H. Regular employees who have exhausted their accumulated sick leave and are still unable City of Boynton Beach Effective Date:03/01/1998 19 Personnel Policy Manual Last Revised May 2011 Page 690 of 768 1 to return to work may draw against their vacation leave account. 2 I. Claiming sick leave when physically fit shall be cause for discharge. 3 J. All regular employees (or their beneficiaries in the case of death) will have payment made 4 for unused sick leave at the rate specified in the table below for the total number of hours 5 accumulated, but not taken, upon resigning, retirement or death. (Retirement shall include 6 normal retirement, disability retirement or early retirement as defined in the appropriate 7 Pension Plan.) 8 Continuous Years of Service Percent of Accumulated Sick Leave 9 Less than 5 full years 0% 10 More than 5 full years, but less than 10 full years 25% 11 More than 10 full years 50% 12 Upon retirement from the City 50% 13 K. Employees may return to work with a Light Duty Certificate and/or letter from their 14 physician provided there is work available within the department that would comply with 15 the doctor's requirements. If there is no such work available the employee will remain on 16 sick leave or workers' compensation status until receiving a full release to return to work 17 from their doctor. 18 19 05. Emergency Cash-In of Vacation and/or Sick Leave Time 20 Employees faced with sudden extraordinary circumstances of hardship who have 21 accrued vacation leave hours are eligible to request emergency cash in lieu of 22 vacation. If approved, employees may convert up to eighty (80) hours to cash (less 23 applicable deductions) provided they have forty (40) hours remaining in their vacation 24 leave bank after the cash-in. Conversions must be done in increments of eight (8) R hours. 27 Employees who do not have enough vacation leave hours may consider including sick 28 leave hours. Sick leave hours cash-in will be calculated at fifty percent (50%) of the 29 employee's hourly rate. The total of vacation and sick leave hours may not exceed 30 eighty (80) hours and vacation hours must always be used before sick hours. Payment 31 for sick leave hours may only be granted provided that they have eighty (80) hours 33 remaining in their sick leave bank. 34 A request must be made in writing outlining the emergency, including supporting 35 documentation and submitted to the Human Resources Director. A committee 36 comprised of the City Manager, Finance Director and Human Resources Director will 37 then review the request and approve the requested hours in total or modified as they 38 see fit. This benefit can be used only once each fiscal year. At the discretion of the 39 City Manager, the time limit rule may be waived if there are exigent circumstances. 40 41 42 06. Bonus Hours 43 44 This policy establishes a wellness program designed to minimize time lost on the job and to help 45 reduce the City's overall health insurance expenses. The City recognizes that employees 46 occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. 47 However, this program provides incentive to reward those employees who use sick time 48 responsibly. 49 Accrual 50 City of Boynton Beach Effective Date:03/01/1998 20 Personnel Policy Manual Last Revised May 2011 Page 691 of 768 1 A. All full time City employees, excluding Civil Service, covered by this policy are eligible to 2 receive eight (8) bonus hours for continuous attendance at work at the completion of each 3 calendar quarter that the employee has not used sick time, FMLA leave time, coded as sick 4 time, or family sick during the previous quarter, nor has been absent from work or on 5 leave other than those paid leave categories recognized in this document. 6 7 B. Bonus hours shall be counted as vacation leave and subject to the provision set forth 8 for use of vacation leave. 9 10 07. Leave With Pay 11 12 Jury Duty/Witness Fees: 13 14 In order to receive pay for jury duty supporting documentation must be submitted to 15 payroll within two (2) weeks of the date the jury duty was served. If the appropriate 16 documentation is not received, time away from the office will be charged as vacation 17 leave. If no vacation leave is avaialble employee will be coded as excused unpaid. All pay 18 granted under this section must be approved by the Department Director. Leave with pay 19 may be authorized in order that regular employees may serve required jury duty or a 20 subpoena issued by a court of law to appear as a witness on cases relevant to the City, 21 provided that such leave is reported in advance to the Department Director. In order for 22 the employee to receive his/her regular pay for such leave the employee must deposit the 23 money which he/she receives for jury duty or as a witness with the City Finance 24 Department for those hours that coincide with his/her regular workhours, unless otherwise 25 provided by law. Employees can keep only travel expense monies. Employees 26 subpoenaed as witnesses in cases unrelated to City business may take vacation leave in 27 order to receive pay. 28 29 Military Leave: 30 31 Reserve Training: All employees in the City service who are members of military 32 reserve units and who must attend annual training sessions are entitled to a leave of 33 absence granted as a matter of legal right under the provisions of Florida Statute 34 115.07 not to exceed 240 working hours per fiscal year in order that these employees 35 may fulfill their military obligations. 36 37 Active Duty: All employees who are reservists and are ordered to active military duty 38 shall continue to receive full City pay for the first thirty (30) days of active duty and 39 thereafter shall receive supplemental pay from the City, in an amount necessary to bring 40 their total compensation, inclusive of their base military pay, to the level earned at the 41 time they were called to active military duty. 42 43 The City will continue to pay the eligible employee's portion of health, dental and life 44 insurance premiums and the City's pension contribution. If an employee has dependent 45 insurance coverage, the Finance Department will consider this in determining the 46 amount of supplemental pay so that the dependent insurance premiums can be paid 47 prior to the supplemental check calculation. The employee's pension contribution will 48 also be made prior to the supplemental check calculation. If the supplemental pay is 49 not sufficient to pay the dependent coverage, the employee will be responsible for 50 sending the City a check to cover the dependent premium. The employee will also be 51 responsible for making arrangements for any other benefit premium or other deduction. 52 City of Boynton Beach Effective Date:03/01/1998 21 Personnel Policy Manual Last Revised May 2011 Page 692 of 768 1 Continued Service: Unless the person provides the City with written notice that they 2 do not plan to return to employment with the City, no break in service will occur during 3 the period of active duty and the employee with continue to accrue service for purposes 4 of seniority and pension eligibility 5 6 Workers'Compensation: 7 Whenever an employee is totally disabled from duty for a period of no more than seven 8 (7) calendar days because of an injury determined to be compensated under the 9 provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. 10 If the period of disability is greater than seven (7) calendar days, the employee will be 11 eligible to receive a sum of money up to an amount equal to the difference between 12 his/her worker's compensation check and his normal net take home pay up to three (3) 13 months. In no case will the salary supplement be extended beyond the three (3) months 14 from the date of injury. 15 16 At the end of the three (3) months, or sooner, the Risk Manager and Claims 17 Administrator will review the medical certification from the employee's authorize workers' 18 compensation treating physician for a determination of pay status. If the authorized 19 medical certification justifies temporary total disability, the supplement continuation will be 20 granted. If the continuation of the salary supplement is granted, it shall continue at the 21 same rate as defined above for up to an additional three (3) months. In no case will the 22 salary supplement be extended beyond six (6) calendar months from the date on which 23 the salary supplement began. 24 25 After three (3) months from the date of injury, the injured employee may elect to receive 26 accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular 27 hourly wage, to the extentthat his/her combined sick leave or vacation leave, and 28 workers' compensation benefits equal his/her regular weekly net take home salary. The 29 employee must contact the payroll clerk to qualify for the combined check. 30 31 It is incumbent on the employee to make application for disability in accordance with the 32 pension plan he/she is a member of, or the insurance plan he/she is covered under. 33 Failure to do this automatically cancels the additional City benefits. 34 35 If the appropriate disability plan denies the claim, the additional City salary supplement 36 benefit will be canceled. If the appropriate disability plan accepts the claim, the salary 37 supplement will be canceled after issuance of the disability pension check or at the end of 38 the time duration outlined above, which ever comes first. 39 40 If an employee who is receiving Worker's Compensation payment along with City 41 supplement, sick or vacation leave, is found to be working or receiving compensation for 42 his/her services elsewhere during this period, he/she will be required to reimburse the City 43 for all medical expenses and supplement sick or vacation pay taken and be subject to 44 dismissal. 45 46 Compassionate Leave: 47 48 In the event of the death of the mother, father, child, foster parent, foster child, brother, 49 sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, 50 mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to 51 paid compassionate leave not to exceed twenty-four (24) hours for any one death. City of Boynton Beach Effective Date:03/01/1998 22 Personnel Policy Manual Last Revised May 2011 Page 693 of 768 1 However, if it is necessary for the employee to leave the State in connection with the 2 interment of the deceased, forty (40) consecutive work hours shall be allowed. In order to 3 receive pay for compassionate leave, employees must submit proof of death to payroll 4 within two (2) weeks of the date they returned from compassionate leave. If the 5 appropriate documentation is not received, time away from the office will be charged as 6 vacation leave, until such time that the appropriate documents are submitted to payroll. If 7 no vacation leave is available, employee will be coded as excused unpaid. The City 8 Manager may grant additional leave under this section when he/she deems it appropriate. 9 10 08. Disability/Leave Without Pay 11 12 A regular employee may be granted leave of absence without pay for a period not to exceed six 13 (6) months for sickness, disability or other good and sufficient reasons that are considered to be 14 in the best interest of the City. Requests must be in writing. A leave of absence without pay of up 15 to thirty (30) calendar days can be approved by the employee's Department Head and the Human 16 Resources Director. A leave of absence in excess of thirty (30) calendar days must be approved 17 by the City Manager. Employees that are on approved leave of absence without pay will be 18 responsible for paying all their benefit premiums, e.g., insurance, etc. 19 20 Leave of absence without pay will not be granted in order to accept employment with another 21 employer. If granted, leave of absence without pay may subsequently be withdrawn and the 22 employee recalled to service. All employees on leave of absence without pay are subject to 23 applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or 24 seniority during a leave of absence without pay exceeding thirty (30) days 25 26 Employees who are in a personal disability status and not working will have their positions held 27 for a maximum of six (6) months from the date of injury or illness. Employees may request sick 28 leave, vacation leave or an unpaid leave of absence for time away from the job. 29 09. Family and Medical Leave Act (FMLA) 30 31 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993; 29 32 CFR Part 825, as amended January 16, 2009). 33 Eligible employees of the City of Boynton Beach are entitled to take leave from work for qualified 34 reasons pursuant to the Federal Regulations of the Family and Medical Leave Act (FMLA). Human 35 Resources will provide employees with information on FMLA and the required forms, when 39 needed. 38 Employees granted leave under FMLA are required to use accrued sick leave while on FMLA. 39 Should sick leave be exhausted while on FMLA leave, employees are entitled to use accrued 40 vacation leave. The accrued paid leave used will be considered FMLA-protected leave and 41 counted against the FMLA leave entitlement. Accrued sick leave used while on FMLA leave will 43 be counted against bonus hours eligibility. 44 When medically necessary, an employee may take leave intermittently or on a reduced leave 45 schedule for his/her own serious health condition or that of a family member. Intermittent or a 46 reduced leave schedule is not available for the birth and care or placement of a child. 47 48 Employees on FMLA who have exhausted their sick and vacation accruals are eligible for donated 49 leave time from City employees. 50 51 10. Retirement Benefit City of Boynton Beach Effective Date:03/01/1998 23 Personnel Policy Manual Last Revised May 2011 Page 694 of 768 1 2 Procedures for retirement and the benefits available to employees in conjunction with retirement 3 are as set forth in the pension plan applicable at the time of retirement. 4 5 V. PROFESSIONAL DEVELOPMENT 6 7 01. In-Service Training 8 9 Any employee may be accorded leave with pay to attend an authorized program, provided that 10 such training will considerably improve the employee's job knowledge and substantially increase 11 his/her efficiency. (See Section IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave) 12 13 1. In the event the course is not successfully completed, employees granted leave under this 14 rule shall reimburse the City for one-half the cost of such training course. 15 16 2. If the employee leaves the City service within one (1), full year after completion of such 17 training, he/she shall reimburse the City for the total cost of such training course if the 18 City Manager requires it. 19 20 02. Tuition Assistance 21 22 Full time employees who have completed their one (1) year probation and who are not union 23 members are eligible to apply for tuition reimbursement. Part-time and temporary employees are 24 not eligible to receive tuition assistance. Employees must maintain a minimum rating of "meets 25 requirements" or comparable rating in overall performance reviews, in order to remain eligible for 26 tuition assistance. 27 28 Bargaining Unit contract articles covering tuition reimbursement may or may not have the same 29 benefits as this policy. 30 31 Employees may receive full details of the program and apply for reimbursement through the 32 Human Resources Department. 33 34 Employees who voluntarily leave their employment with the City or are terminated "for cause"will 35 be required to reimburse the City 100% of the tuition assistance received during the 12-month 36 period prior to their termination date, and 50% of the tuition assistance received during the 24 37 month period prior to their termination date. 38 39 VI DISCIPLINE 40 41 Verbal Warning or other instructive verbal communications will not consitute discipline. Verbal 42 warning or other instructive verbal communication may be used to establish that an employee 43 knew or should have know that the performance, work habits, or behavior was not appropriate. 44 45 01. Disciplinary Actions 46 47 The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will 10 contribute to the City's mission. 50 The success of City government in providing quality and efficient public services directly correlates 51 with appropriate employee conduct and performance. Employee behavior that is positive and City of Boynton Beach Effective Date:03/01/1998 24 Personnel Policy Manual Last Revised May 2011 Page 695 of 768 supportive of the goals of effective municipal management is fully encouraged. 3 When an employee's conduct or performance is inconsistent with the needs and goals of the City, 4 disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. No employee shall be disciplined or discharged without reasonable cause. 9 1. Counseling and written reprimands should be utilized as an element to motivate employees to 10 choose behavior conducive to an individual's growth, development and most importantly, to 11 insure the successful operation of the City and its services. However, in certain circumstances, 12 punitive discipline actions will be necessary. There is no "fixed formula" for discipline, 13 management reserves the right and prerogative to make disciplinary decisions based on 15 repeated occurrences of varying incidents, past performance, or severity of the incident. 16 2. Although progressive disciplinary actions are encouraged, when circumstances support such 17 use, the severity of misconduct and the circumstances shall determine the nature of the 10 discipline. 20 3. The level of misconduct may differ in individual cases from apparently similar incidents. The 21 City retains the right to treat each occurrence on an individual basis without creating a 22 precedent for situations that may arise in the future. This case-by-case method is designed to 23 take individual circumstances and/or mitigating factors into account. These provisions are not 24 to be construed as a limitation upon the retained rights of the City, but are to be used as a �6 guide. 27 4. The failure of immediate supervisors to document and/or take disciplinary actions for 28 misconduct, or the failure to forward the completed disciplinary documents to Human 29 Resources, shall serve as grounds for disciplinary action. 30 31 Examples of Misconduct 32 The following represents employee noncompliance with rules, regulations, policies, practices or 33 procedures of the City or are prohibited by law. Each incident shall be considered on a case-by- 34 case basis. 35 36 Misconduct 37 Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is 38 normally: 39 1St Infraction —Written Counseling 40 2nd Infraction —Written Reprimand 41 3rd Infraction — Suspension Without Pay or Dismissal 43 Examples of Misconduct include, but are not limited to: 44 ■ Conduct unbecoming of a City employee 45 ■ Abuse of sick leave privileges, sick leave policy or excessive absenteeism 46 ■ Failure to notify Department and/or Human Resources of current address and telephone 47 number within ten (10) calendar days of change 48 ■ Failure to report any outside employment 49 ■ Poor quality of work 50 ■ Failure to provide name and official title to any person requesting same when performing 51 work related duties 52 ■ Abuse of personal privileges, including the extension of lunch or break periods 53 ■ Abuse of attendance policy, including late for work without reason. 54 ■ Smoking in prohibited areas 55 ■ Unauthorized solicitation, posting of material, or non-productive behavior City of Boynton Beach Effective Date:03/01/1998 25 Personnel Policy Manual Last Revised May 2011 Page 696 of 768 1 ■ Loitering 2 ■ Inattention to job duties 3 ■ Careless use of vehicles or equipment 4 ■ Failure to use all safety restraints when riding in or operating a City vehicle 5 ■ Failure to wear and/or use prescribed uniforms or equipment. 6 ■ Disregard of safe work procedures 7 8 NOTE: 9 All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a 10 Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next I� level of disciplinary action. 13 Misconduct 1St and 2nd infractions will expire, with regard to the progressive nature of this policy, 14 12 months from the date of issue, but will remain in the employee's file. Once an employee has 15 progressed to a 3rd Misconduct infraction, Suspension Without Pay, another Misconduct infraction 19 within 12 months of the date of issue for the 3rd infraction will normally result in dismissal. 18 If serious misconduct or extreme misconduct has occurred previously, there will be faster 19 progressive action. 20 Performance Improvement Plan 23 Employees who receive a Written Reprimand with a Suspension and employees who receive a 24 performance evaluation rating that falls below a "Meets Expectations" (rating of less than 2) shall 25 be placed on a Performance Improvement Plan. The purpose of Performance Improvement Plan 26 is to monitor employee performance, with an evaluation of performance being made every 30 27 days. The employee must demonstrate immediate and sustained improvement in their 28 performance throughout the 90-day evaluation period or face dismissal. It is the responsibility 29 of each employee to perform at a minimum level of"Meets Standards". 30 Serious Misconduct 31 Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may of 33 be grounds for termination. The discipline for Serious Misconduct is normally: 34 1St Occurrence - Written Reprimand or Suspension 35 Without Pay 36 2nd Occurrence - Suspension Without Pay or Dismissal 37 3rd Occurrence - Dismissal 38 Examples of Serious Misconduct include, but are not limited to: 39 • Inappropriate use of City resources, time or equipment 40 ■ Inappropriate or disorderly conduct 41 Making offensive remarks; use of abusive, profane or sexually graphic language 42 Failure to work required overtime assignments, special hours, special shifts or 43 unavailability during stand-by status 44 Sleeping on the job 45 Absent without calling in to the department within thirty (30) minutes before shift start 46 time 47 Disrupting or hindering departmental operations 48 Outside employment which conflicts, interferes or otherwise hampers the performance of 49 the employee in the City job. 50 Inefficiency of incompetence in the performance of assigned duties may result in demotion 51 or disciplinary action up to and including termination. Examples of poor performance shall 52 include failure to provide responsive, courteous, high quality customer service or repeated City of Boynton Beach Effective Date:03/01/1998 26 Personnel Policy Manual Last Revised May 2011 Page 697 of 768 1 failure to support team goals and contribute to team success. 2 Refusal to perform assigned duties and responsibilities. 3 4 NOTE: 5 All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps. 6 Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction 9 will result in the next level of disciplinary action. 9 Once an employee is issued a Written Reprimand for Serious Misconduct, they are ineligible to 10 receive a salary increase (including lump sum payments), promotion, or to apply for jobs within I� the City for a period of twelve (12) months. 13 Serious Misconduct infractions will remain active, with regard to the progressive nature of this 14 policy, for the duration of employment with the City. If misconduct or serious misconduct has 15 occurred previously, there will be faster progressive action. 16 17 Extreme Misconduct 18 Infractions for Extreme Misconduct are very serious in nature and normally result in immediate 19 dismissal without prior warning. 20 The discipline for Extreme Misconduct is normally: 23 1st Occurrence - Suspension Without Pay or Dismissal 24 2nd Occurrence - Dismissal 25 �7 Examples of Extreme Misconduct include (but are not limited to): 28 ■ Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor 29 ■ Supervisor's failure to report an employee's on the job injury to Risk Management within 30 24 hours and/or completion of necessary documentation 31 ■ Violent acts or threats of violence 32 • Operating a City vehicle or equipment without a required and valid driver's license. 33 ■ Job Abandonment 34 ■ Insubordination 35 ■ Possession of a firearm or concealed weapon on City property or while performing official 36 City duties, (excluding law enforcement officers) 37 ■ Gambling during work hours 38 ■ Suspension or revocation of any required job-related licenses or certifications. 39 • Disruption of the workplace 40 ■ Willful spoilage, destruction or waste of City property or resources 41 • Unauthorized personal use of City equipment or funds 42 ■ Conducting personal and/or private business on City time; improper use of City time for 43 such activity 44 Violation of City security regulations and policies 45 Theft or removal of City property without proper authorization 46 Falsifying documentation 47 Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, 48 Florida Statutes 49 Giving false information, or failure to fully cooperate or provide full, truthful information in City of Boynton Beach Effective Date:03/01/1998 27 Personnel Policy Manual Last Revised May 2011 Page 698 of 768 1 City initiated investigations 2 ■ Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the 3 employee's performance on the job; or any confirmed positive drug test 4 ■ Possession or use of alcohol while on duty; or reporting to work under the influence 5 ■ Refusal to submit to a City required drug or alcohol test 6 ■ Falsifying or attempting to falsify a City-ordered drug test 7 Violation of the City's Harassment policy 8 Conviction of a felony (including non-work related) 9 Unauthorized disclosure of confidential information 10 Refusal to participate, if offered, in a drug/alcohol rehabilitation program 11 Abuse of other department procedures and work rules 12 Fighting on the job or engaging in any intentional act which may inflict bodily harm on 13 anyone 14 Falsifying employment application or concealing information during pre-employment 15 screening or processing 16 17 Procedure for Disciplinary Action 18 19 1. When immediate supervisors become aware of evidence of the need for employee 20 discipline, they become responsible and shall investigate the circumstances of the 21 misconduct or lack of performance prior to deciding upon the type of disciplinary action to 22 be recommended or taken. Documentation of the discipline investigation or of the 23 conduct shall be required on the part of the immediate supervisor in order to establish 24 appropriate records. Human Resources will be available to assist in such investigations. In 25 cases where investigations of a more substantial nature are required, the following types 26 of administrative review shall be administered. 27 28 a. Administrative Review: Investigations of non-criminal violations conducted in the 29 absence of immediate or conclusive evidence involving any City employee, with the 30 exception of Police Department employees. These investigations shall be 31 conducted by the Department Director and Human Resources, who shall obtain all 32 sufficient information, including documentation and/or sworn statements, in order 33 to determine the necessity or level of disciplinary action. Human Resources shall 34 assume responsibility for acquiring any necessary sworn statements. Administrative 35 investigations shall be conducted expeditiously. Verbal counseling and written 36 counseling will not be subject to administrative review by Human Resources. 37 38 b. Criminal Investigations: Investigations conducted when criminal violations are 39 reportedly committed by any employee of the City. These investigations shall be 40 conducted by the Police Department, in collaboration with the Department Director 41 of the involved employee. 42 43 2. In instances where an investigation of serious, unlawful or other extreme misconduct is 44 necessary, administrative and/or criminal investigations shall be conducted prior to the 45 effective date of the disciplinary action. 46 47 3. The immediate supervisor may initiate up to a three (3) day suspension with pay to afford 48 a supervisor the opportunity to investigate an alleged incident or misconduct in the 49 absence of the employee. Suspensions of more than three (3) days require the approval of City of Boynton Beach Effective Date:03/01/1998 28 Personnel Policy Manual Last Revised May 2011 Page 699 of 768 1 the Human Resources Director. This practice may also be used in the event that alleged 2 misconduct is severe but unproven. The immediate supervisor shall immediately notify the 3 Department Director and Human Resources Director after the suspension is issued7 so that 4 the matter can be investigated at once. 5 6 4. A recommendation for disciplinary action may result from the findings of an investigation. 7 If disciplinary measures are not recommended after the investigation, the suspension with 8 pay period shall not be construed as disciplinary in nature. A document confirming a 9 favorable determination as to the matter should be made a part of the employee's record. 10 Types of Disciplinary Action: 11 12 1. Written Counseling - Consists of the immediate supervisor warning the employee to correct 13 or improve performance, work habits, or behavior, and counseling the employee on 14 improvements expected. Written Counseling serves as a warning against further repetition of 15 employee behavior. Further violations will result in discipline up to and including termination. 16 17 A Written Counseling Memorandum must be completed by the supervisor, and the 18 employee is required to sign the Counseling Memorandum signifying that he/she has read and 19 discussed the contents with the supervisor. The signed Counseling Memorandum must be 20 forwarded to Human Resources for retention in the employee's records, with a copy provided 21 to the employee. The supervisor may request that the employee complete a written action 22 plan to correct the behavior. Employees may submit comments for inclusion in the record. 23 24 2. Written Reprimand - Consists of an immediate supervisor issuing a written notice of 25 reprimand, to improve performance, work habits or behavior. A written reprimand should 26 include a complete description of the incident(s) of misconduct, inappropriate behavior, work 27 habits or performance which requires improvements; previous records of discussion; a time 28 frame within which the employee must correct or improve his/her behavior; and a warning 29 that future violations will result in further disciplinary actions up to and including termination. 30 31 Written reprimands shall be signed by the employee to acknowledge receipt and forwarded 32 to the immediate Supervisor and the management witness and forwarded to Human 33 Resources for retention in the employee's records, with a copy provided to the employee. 34 The employee signature does not constitute agreement with the contents. Employees may 35 submit comments for inclusion in the record. The employee may be required to complete a 36 Performance Improvement Plan for correction of the behavior. Written reprimands should 37 be reflected on the employee's performance evaluation along with any noted improvements. 38 39 3. Suspension Without Pay - Consists of an employee being prohibited from returning to 40 work until his/her specified period of suspension has passed or the forfeiture of his/her 41 vacation time, if agreed to by the employee. Suspensions without pay shall be used when an 42 employee is removed from the job due to misconduct or unlawful behavior, or when 43 instances, of progressive discipline, support a suspension without pay for a specified period of 19 time. 46 a. With the written authorization of the Department Director and Human Resources, 47 immediate supervisors have the authority to issue a suspension without pay for 48 two (2) working days or less. 49 b. All other suspensions without pay beyond two (2) working days require prior 50 concurrence by Human Resources, review by the City Attorney's Office and 51 authorization by the City Manager's Office. City of Boynton Beach Effective Date:03/01/1998 29 Personnel Policy Manual Last Revised May 2011 Page 700 of 768 1 c. Employees being suspended without pay shall be notified in writing by the 2 immediate supervisor. The written notification shall consist of the reason for the 3 action and the duration of the suspension without pay. It shall also include a 4 statement that future violations will result in further disciplinary actions up to and 5 including dismissal. 6 d. Employees may submit comments for inclusion in the record. Written notification 7 of a suspension shall be signed by the suspended employee acknowledging receipt 8 of the written notification, and forwarded to Human Resources for inclusion in the 9 employee's records, with a copy provided to the employee, the Department 10 Director, and one to the Finance Department for payroll purposes. 11 12 4. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the 13 employment relationship. At such time all employee benefits cease, except as otherwise 14 provided by law. Immediate supervisors must supply thorough documentation and discuss 15 recommendations for an employee's dismissal with his/her chain of command and Human 16 Resources. Upon receiving a written recommendation from the supervisor, the Department 17 Director shall submit the documentation to Human Resources. Dismissals shall be effected 18 only with the concurrence of Human Resources, review by the City Attorney's Office and 19 authorization by the City Manager. 20 21 A written notice of recommended termination shall be given to the employee in person. 22 However, after two (2) unsuccessful attempts to deliver the notification, the notice shall be 23 sent via U.S. mail to the most recent address on record in the Human Resources file. The 24 recommendation shall include the following information: 25 a) The underlying reasons for the recommended termination. 26 b) Documentation upon which the Department Director relied in formulating said 27 recommendation. 28 c) An explanation of the employee's rights to request a Predetermination Hearing 29 prior to termination taking effect and the fact that the decision of the City Manager 31 shall be final. 32 The dismissal recommendation and the City Manager's final decision shall be placed in the 33 employee's Human Resources file, and a copy shall be forwarded to the employee and his/her 34 Department Director. The employee may submit comments for inclusion in his/her Human RR Resources file. 37 Probationary employees who have not successfully completed the established probationary period 39 shall be subject to dismissal without cause, after review by Human Resources. 40 At the time of dismissal, employees are required to surrender to their Department Director or 41 designee, all City property that may be in their possession or custody and all other conditions for 42 termination must be complied with prior to issuance of final check. 43 44 Right to Predetermination Hearing 45 46 Prior to the effective date of any suspension without pay of three (3) days or more, or a 47 termination, the City shall conduct a predetermination hearing. The predetermination hearing 48 shall be conducted by the Human Resources Director and the City Manager's designee. The 49 employee shall be provided with reasonable notice of the predetermination hearing date and of 50 the charges which are the grounds for the disciplinary action. The employee may be accompanied 51 and assisted at the predetermination hearing by a representative of his/her choice. Prior to or at 52 the inception of the hearing, the City shall disclose or explain the City's evidence. The employee City of Boynton Beach Effective Date:03/01/1998 30 Personnel Policy Manual Last Revised May 2011 Page 701 of 768 1 shall be afforded the opportunity to present information in defense or mitigation to the charges 2 brought against the employee. Following the predetermination hearing and any further 3 investigation into issues raised by the employee in defense or mitigation of the charges, the 4 Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the 5 disciplinary action and give the employee written notice of their action and, at the same time, 6 establish the suspension or termination date(s) if appropriate. Information gathered before, 7 during and after a pre-determination conference constitutes part of the City's investigation or an 8 act of admission that can result in discipline. 9 10 Employee Appeals 11 1. Probationary employees shall not have the right to appeal any type of disciplinary action. 12 2. Regular employees may respond to discipline actions of written reprimand and 13 suspensions of two (2) workdays or less with or without pay, by requesting administrative 14 review by the Human Resources Director. Such request shall be made within ten (10) 15 calendar days of the imposition of the discipline. The Human Resources Director shall 16 review the disciplinary action in question and shall either sustain, reverse, or modify the 17 disciplinary action. The Human Resources Director's disposition shall be made within thirty 18 (30) days of the employee's request for review. The Human Resources Director's 19 disposition is final and not subject to further review. 20 3. Regular employees have the right to appeal to the City Manager suspensions without pay 21 greater than two (2) workdays or dismissals, by requesting a final review by the City 22 Manager within ten (10) business days of the employee's receipt of formal notification of 23 recommended suspension or dismissal. The decision of the City Manager shall be final. 24 25 02 Disposition of Criminal Charges 26 27 When a City employee is arrested and charged with a felony offense, the employee shall be 28 placed on administrative leave without pay until final disposition of the criminal charges. An 29 employee who is convicted of or who pleads guilty or no contest to a felony in conjunction with a 3Y plea negotiation shall be terminated from his/her employment with the City. 32 An employee placed on administrative leave without pay, under these circumstances, may use 33 accrued vacation and accrued sick time during the leave period. If found innocent or if the 34 State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated. 35 36 03. Formal Grievances 37 38 The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to 39 deal promptly with any that may arise. Counseling memorandums and Performance Evaluations 40 cannot be grieved. Except where there is an acceptable reason for not doing so, all grievances 41 will be handled and transmitted through supervisors in the following order, according to the 43 department's chain of command: 44 ■ Immediate Supervisor 45 ■ Department Director 19 • Human Resources Director or his/her designee 48 The primary purpose of this grievance procedure is to determine what is right rather than who is 49 right. This process should be considered a "last resort" alternative to resolving conflicts of 50 compensation, benefits or working conditions as identified in this document. Free discussion 51 between employees and supervisors will lead to better understanding of practices, policies and 52 procedures that affect employees. Discussion will serve to identify and help eliminate conditions City of Boynton Beach Effective Date:03/01/1998 31 Personnel Policy Manual Last Revised May 2011 Page 702 of 768 1 that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict 2 enters into the consideration of a grievance. Supervisors and employees alike must recognize the 3 true purpose of the grievance procedure if it is to be of value in promoting the well being of the g city. 6 The Human Resources Director shall establish rules for the processing of grievances. Rules may 7 be amended from time to time, but should have as their objective the prompt and efficient 8 disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the 9 event giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for 10 review and response to the employee should not exceed twenty (20) working days. The decision 11 of the Human Resources Director regarding disposition of the grievance is binding and not subject 12 to further review. 13 14 VII. RESIGNATION / TERMINATION 15 16 01. Resignation/Termination 17 18 Any employee wishing to leave a City position in good standing, is expected to file a written 19 resignation with his/her Department head, at least two (2) weeks before leaving, stating the date 20 the resignation is to be effective and the reason for leaving. The City reserves the right to accept the resignation on the day it is submitted if deemed appropriate by the Department Director. 23 Department Heads shall forward the notice of resignation and a completed Employee Activity �5 Report (EAR) form to the Human Resources Director immediately upon receiving the resignation. 26 Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify 27 the department as required) for a period of three (3) consecutive working days is considered job H abandomnent and will be treated as a resignation with no appeal rights. 30 Termination or Severance Pay 31 There is no termination or severance pay, except payment for accumulated sick and vacation time 32 as otherwise provided herein, however, some individual letters of appointment may include 33 severance pay provisions. 34 35 02. Lay Off 36 37 The City Manager may lay off any regular employee whenever such action is made necessary by 38 reason of shortage of work or funds the abolishment of a position, consolidation of departments 4 or division, privatization, reclassification or reorganization. 41 Employees selected for lay off will be at the City Manager's discretion in consultation with the 42 department head and a Human Resources professional. 43 City of Boynton Beach Effective Date:03/01/1998 32 Personnel Policy Manual Last Revised May 2011 Page 703 of 768 1 VIII. APPENDIX 2 3 01. DEFINITIONS 4 5 The following words and terms shall have the meaning indicated unless the context clearly 9 indicates otherwise: 8 ADMINISTRATIVE REVIEW means review of the disciplinary action in question; after which, the 9 Human Resources Director shall either sustain, reverse, or modify the disciplinary action. The 10 disciplinary actions which qualify for Administratvie Review include, reprimands, suspensions with 11 pay, demotions, and suspension without pay of two (2) workdays or less 12 U ALLOCATE shall mean the act of assigning each position to its proper class. 19 ANNIVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. 17 APPEAL shall mean a request for an administrative review by the Human Resources Director or a 10 final review by the City Manager, depending upon the severity of discipline. 20 CERTIFY shall mean the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. 23 CLASS shall mean a position or group of positions which have similar duties and responsibilities, 24 require similar qualifications, can be properly designated by a title, indicative of the nature of R work, and are assigned to the same pay range. 27 COMPENSATORY TIME shall mean time taken off in lieu of overtime pay for hours worked in R excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA 3y CONTINUOUS SERVICE shall mean employment which is uninterrupted. 32 CONTRACT EMPLOYEE shall mean an employee hired by direct Letter of Appointment from the 3J City Manager. 35 DEMOTION shall mean the assignment of an employee to a position in a lower class having a 39 lower maximum salary than the position from which the assignment is made. 38 DEPARTMENT shall mean Operating Department, unless specifically referred to as Human J0 Resources Department. 41 DISMISSAL shall mean the discharge of an employee from his/her position with the City. The 4� terms termination and dismissal are interchangeable. 44 ELIGIBLE shall mean a person who has been found qualified for appointment to a position in a JR particular classification. 19 EEOC shall mean the Equal Employment Opportunity Commission. 49 EXAMINATION shall mean any selection instrument used to measure the relative knowledge, 50 skills, and abilities for candidates competing for positions; such as,evaluations of training and 51 experience, performance tests, oral interview, written tests, and previous performance 53 evaluations. 54 FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours RR per week. 57 GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status go who feels they have been unjustly treated in cases involving employment conditions. 6Y JOB TITLE shall mean a definite descriptive designation for a job classification. 62 LAY OFF shall mean the dismissal from employment because of shortage of work or funds, the City of Boynton Beach Effective Date:03/01/1998 33 Personnel Policy Manual Last Revised May 2011 Page 704 of 768 1 abolishment of a position, consolidation of departments or divisions, privatization, reclassification or reorganization. 4 OVERTIME PAY shall mean pay for non-exempt employees who are authorized and directed to 9 work in excess of 40 hours in a seven (7) day workweek. 7 PAY RANGE shall mean a salary range established by the City Commission with a minimum and 0 maximum base salary. 10 PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per I� week. 13 POSITION shall mean a group of duties and responsibilities requiring the full or part-time 19 employment of one person. A position may be occupied or vacant. 16 PROBATIONARY EMPLOYEES shall mean any employee who is currently serving in a new position 17 either by appointment, promotion, demotion, or reclassification, and has not completed his/her 10 probationary period. 20 PROBATIONARY PERIOD shall mean a period of twelve (12) months for any newly hired 21 employee. If a new hire employee fails to meet standards during the probationary period, he/she 22 is subject to discharge, demotion, or suspension without warning or statement of cause. �J Promoted, demoted or transferred employees have a six (6) month probationary period. 25 PROMOTION shall mean the assignment of an employee to a position in a higher class having a �7 higher maximum salary than the position from which assignment is made. 28 REGULAR STATUS shall mean an employee who has completed a probationary period. New hires 29 are considered probationary and cannot move to another postion until their twelve (12) month 3y probationaly period is completed. 33 SUSPENSION shall mean the separation with or without pay of an employee for a period of time. 34 TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or RR part-time for a specified period of time. 38 TEMPORARY POSITION shall mean all positions that are not designated regular. 39 TERMINATION shall mean the discharge of an employee from his or her position with the City. P The terms termination and dismissal are interchangeable. 42 UNION EMPLOYEE shall mean an employee whose position is covered by a collective bargaining 4J agreement and who has terms and conditions of their employment covered by that agreement. 45 VACANCY shall mean a position existing or newly created, which is not occupied. City of Boynton Beach Effective Date:03/01/1998 34 Personnel Policy Manual Last Revised May 2011 Page 705 of 768 11.B. New Business 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Proposed Resolution No. R23-044-Approve and authorize the Mayor to Sign a Sports Facility Use Agreement with Athletic Angels Foundation, I nc., a Florida Not for Profit Corporation to use appropriately, operate, and perform maintenance of Field 1 at Little League Park. Explanation of Request: After discussions and negotiations, the City and Athletic Angels Foundation, I nc. agreed, in principle, to move forward with authorizing Athletic Angels Foundation, I nc's appropriate use, operation and sole responsibility of field maintenance and Utilities of Field#1 at Little League Park. As part of the agreement Athletic Angels has agreed to complete the following Little League Park improvements: • Repair and/or replace all infield and outfield surface area for Field#1, • Repair and/or Replace all fencing and netting as required by Angels' assessment for Field#1, • Enhance existing dugouts for Field#1, • Install new outfield feature wall with high netting for Field#1, • The construction, renovation, and repair of existing Field#4 (Proposed Field#5), to convert and install ADA accessible synthetic turf. Athletic Angels Foundation, Inc's proposed operations, Field#1 maintenance, and Little League Park improvements will complement the City of Boynton Beach operations of Little League Park which will enhance facility usage for the program participants and City residents. The Sports Facility Use agreement includes field usage restrictions that will not impact City of Boynton Beach Recreation & Parks Department Sports Provider East Boynton Beach Little League. The City will continue to own and operate Little League Park. How will this affect city programs or services? Athletic Angels Foundation, Inc. will operate and be responsible for the cost of maintenance and utilities of Little League Park Field#1 without impacting the City of Boynton Beach Recreation & Parks Department Sports Provider East Boynton Beach Little League. The City will continue to operate, schedule, and maintain the remaining fields and amenities at Little League Park. Fiscal Impact: Sports Facility Use Agreement with Athletic Angels Foundation, I nc., will provide an estimated cost savings to the City of$75,000 annually by allowing Athletic Angels Foundation, Inc. to be responsible for the cost of maintenance and utilities of Little League Park Field# 1 and converting Little League Park Field#5 to synthetic turf decreasing the maintenance cost. Alternatives: To request revisions of the Sports Facility, Use Agreement. Strategic Plan: Page 706 of 768 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Proposed Resolution No, R23-044 D Agreement Sports Facility Use Agreement with Athletic Angels D Drawings Proposed Phase 1 Site Plan D Other E)dsting Park Aerial Photo Page 707 of 768 I RESOLUTION R23-044 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A 5 FACILITY USE AGREEMENT WITH ATHLETIC ANGELS 6 FOUNDATION, INC, A FLORIDA NOT FOR PROFIT 7 CORPORATION TO USE APPROPRIATELY, OPERATE, AND 8 PERFORM MAINTENANCE OF FIELD 1 AT LITTLE LEAGUE 9 PARK;AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City and Athletic Angels Foundation, Inc. agreed, in principle, to move 12 forward with authorizing Athletic Angels Foundation,Inc. use of Field #1 at Little League Park 13 for appropriate use, operation, and sole responsibility of field maintenance;and 14 WHEREAS, Athletic Angels has agreed to complete Little League Park improvements 15 that include: repair and/or replace all infield and outfield surface area for Field #1, repair 16 and/or replace all fencing and netting as required by assessment for Field #1, enhance 17 existing dugouts for Field #1, install new outfield feature wall with high netting for Field #1, 18 construction, renovation, and repair of Field #4, to convert and install ADA accessible 19 synthetic turf; and 20 WHEREAS, proposed operations, Field #1 field maintenance, and Little League Park 21 improvements will complement the City of Boynton Beach operations of Little League Park 22 which will enhance facility usage for the program participants and City residents; and 23 WHEREAS, the City Commission has determined that it is in the best interests of the 24 residents of the City to approve and authorize the Mayor to Sign a Facility Use Agreement 25 with Athletic Angels Foundation, Inc. a Florida Not for Profit Corporation to use appropriately, 26 operate, and perform maintenance of Field 1 at Little League Park. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission hereby approves and authorizes the Mayor to 33 Sign a Facility Use Agreement with Athletic Angels Foundation, Inc. a Florida Not for Profit S:\CA\RESO\Agreements\Agreement With Athletic Angels For Use Of Field 1 At LLP-Reso.Docx Page 708 of 768 34 Corporation to use appropriately, operate, and perform maintenance of Field 1 at Little 35 League Park. A copy of the Agreement is attached hereto and incorporated herein by 36 reference as Exhibit "A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 4th day of April, 2023. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor—Ty Penserga 44 45 Vice Mayor—Angela Cruz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Thomas Turkin 50 51 Commissioner—Aimee Kelley 52 53 VOTE 54 55 ATTEST: 56 57 58 Maylee De Jesus, MPA, MMC Ty Penserga 59 City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 (Corporate Seal) 63 64 65 Michael D. Cirullo, Jr. 66 City Attorney S:\CA\RESO\Agreements\Agreement With Athletic Angels For Use Of Field 1 At LLP-Reso.Docx Page 709 of 768 SPORTS FACILITY USE AGREEMENT THIS AGREEMENT is made and entered into this day of ,2023 (the "Effective Date") by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter referred to as the "City"), and Athletic Angels Foundation, Inc., a Florida not for profit corporation (hereinafter referred to as "Angels"). WHEREAS,the City is the owner of that certain parcel of real property located at 300 W. Woolbright Rd., Boynton Beach,Palm Beach County,Florida more fully depicted as Exhibit "A" ("Property"); and WHEREAS,to facilitate the operation, and maintenance of Field l by Angels, the City agrees to lease a portion of,and grant certain rights, and privileges with respect to, the Property ("Facility Property") as shown on Exhibit "A" to Angels upon and subject to the conditions and limitations hereinafter expressed(such lease being referred to herein as the "Ground Lease"). NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and Angels agree as follows: ARTICLE 1. DEFINITIONS. For the purposes of this Agreement and the various covenants, conditions, terms, and provisions that follow, the Definitions set forth below are assumed to be true and correct and are agreed upon by the parties: 1.1 CITY: The City of Boynton Beach, a Florida municipal corporation. 1.2 CITY'S DESIGNATED REPRESENTATIVE: Director of Recreation and Parks Department. 1.3 CONSULTANT: A registered architect, professional engineer, professional land surveyor, civil engineer, and/or registered landscape architect who has contracted with or who is employed by the City or Angels to provide professional services for the design or construction of the Project and who is licensed by the State of Florida to provide said services. 1.4 CONTRACT: This Agreement between the City and Angels for this Project,all as defined herein. As used herein, the term Contract shall mean the same as Agreement. 1.5 CONTRACTOR: A general contractor hired by Angels for the construction of the Project and who is licensed by the State of Florida to provide said services. 1.6 CONTRACT DOCUMENTS: Angels' plans, specifications, drawings, and/or (00544581,12306-9905631 j Page 1 of 45 Page 710 of 768 other written or graphic materials that are to be developed by the Consultant as part of the record of this Agreement; this Agreement, the performance and payment bond,the design documents, the construction documents, the Purchase Order, and any additional documents relevant to the Project and are required by this Agreement. 1.7 COMMISSION: The City Commission, which is the governing body of the City of Boynton Beach, Florida. 1.8 ANGELS: Athletic Angels Foundation, Inc. 1.9 ANGELS'DESIGNATED REPRESENTATIVE: Mike Barwis 1.10 FACILITY: Field 1 at the East Boynton Little League complex, as fiu`ther depicted in Exhibit "A". 1.11 FINAL COMPLETION: The date certified by the City that all construction work on the Project is fully and finally complete under this Agreement. 1.12 FORCE MAJEURE: Acts of God; hurricane; war; acts of terrorism; civil commotion; fire or other casualty; labor difficulties; shortages of labor, materials or equipment or any inability to obtain necessary materials, goods, equipment, services, utilities or labor; government regulations; or other causes beyond such party's reasonable control. 1.13 INSPECTOR: An authorized representative of the City assigned to make necessary inspections of materials furnished by Angels and of the work performed by Angels. 1.14 MATERIAL: Materials incorporated in this Project that are used or consumed in the performance of the work. 1.15 NOTICE OF COMPLETION: The date certified by the Consultant that all conditions of the permits and regulatory agencies have been met, all construction, reconstruction, or rehabilitation, including corrective work, has been performed, and all administrative requirements of the Contract Documents have been completed, and the City has received from Angels a release of all liens, release of surety, certificate of indemnification by Angels,release of claims by Angels, and corrected as- built drawings. 1.16 NOTICE TO PROCEED: A written Notice to Proceed(or a Purchase Order) issued by the Project Manager. 1.17 PLANS AND/OR DRAWINGS: The official graphic representations of this Project that,upon written approval of the Project Manager, shall become a part of the Contract Documents, as well as the preliminary plans and drawings and {00544581.12306-99056311 Page 2 of 45 Page 711 of 768 renderings of the Project and the preliminary outline specifications and plazas for the design-build services for the Project that shall be prepared by Angels, and shall be made a part of the Contract Documents upon approval by the Project Manager. The plans and specifications shall include the design development documents and construction documents to be approved by the Project Manager as provided in this Agreement. 1.18 PROJECT: The Project is the construction, renovation, and repair of Field 1 of the Facility as follows: repair and/or replace all infield and outfield surface areas to include the mound, warning track., and foul territory; repair- and/or replace all fencing and netting as required via Angels' assessment; enlarge / enhance the existing dugouts; Install new outfield feature wall with high netting; reconfigure the outfield fence as needed via Angels' assessment; Install awning-type shade at seating areas; evaluate and upgrade existing lighting conditions as needed to meet safe baseball field lighting standards, as described herein and in accordance with the Contract Documents, complete with all appurtenances required to perforin the work, including without limitation, construction services and labor, materials, and equipment necessary or used or incorporated in the construction, in accordance with the Contract Documents and as is required or reasonably inferred from them. The Project includes the work, services, and labor, and the goods, materials,tools, supervision, and equipment to be provided, and the cleanup, removal, and disposal of all debris, trash, and other material so as to leave the facilities in a clean and ready-to-use condition; and the operation and maintenance thereof by Angels. 1.19 PROJECT MANAGER: Unless otherwise explicitly stated, all contract duties, contract responsibilities, and contract communications of the City shall be made through the City's Engineer as Project Manager. The foregoing sentence shall not apply to the City construction inspections made to assure compliance with applicable regulatory law and which the City conducts in a governmental regulatory capacity. 1.20 SUBCONTRACTOR: The person or corporation having a direct contract with the Contractor, including one who furnishes material worked to a special design according to the Contract Documents for this Project,but does not include one who merely furnishes material not so worked. 1.21 SUBSTANTIAL COMPLETION: The date certified by the City that all conditions of the permits and regulatory agencies have been met, and all construction, reconstruction,or rehabilitation(except minor corrective work)has been performed in accordance with the Contract Documents, and the Facility and Project are able to be used for their intended use, subject to any Force Majeure event or weather delay. 1.22 SURETY: The surety company or individual that is bound by a contract bond with and for the Contractor who is primarily liable, and which surety company or {0054456#.12306-9905&31) Page 3 of 45 Page 712 of 768 individual is responsible for the Contractor's acceptable performance of the work under the contract and for the payment of all debts pertaining thereto per Chapter 255.05,Florida Statutes. ARTICLE 2. GENERAL INTENTION AND UNDERSTANDING. 2.1 It is the intent of the Contract Documents to describe a functionally complete Project to be designed, constructed, operated, and maintained by Angels in accordance with the Contract Documents. Any work, materials, or equipment that may reasonably be inferred from the Contract Documents, as being required to produce the intended result, shall be supplied whether or not specifically called for. However, shall any materials not be available, Angels may substitute materials of equal quality. When words that have a well- known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations of any governmental authority, whether such reference is specific or by implication, shall mean the standard specification, manual, code, laws, or regulations in effect at the time of the date of the execution of this Agreement. 2.2 The parties agree and understand that the ownership of the Facility and Project that shall lie with the City, free and clear of all claims by Angels or any other entity. 2.3 The City shall not provide any financial assistance or monetary support for the development of this Project. The City shall not be liable for any financial costs related to the design, permitting, construction, operation, or maintenance of the Facility or the Projects during the term of this Agreement,except as specifically set forth herein. 2.4 Angels shall design, construct, operate, and maintain the Facility and Project to the reasonable satisfaction and standards of the City. 2.5 Angels shall have the exclusive right to use the Facility and Project for its Intended Use ("Angels' Exclusive"). Furthermore, Angels shall have the right to provide certain third-party organizations access to use the Facility and Project ("Facility Third Party Usage"). Subject to Angels' Exclusive and the Facility Third Party Usage, the public may have access and use of the Facility upon prior written approval from Angels. Angels shall develop a non-discrimination policy and applicable processes and procedures to allow the public to access and use the Facility, subject to the Angels' Exclusive and Facility Third Party Usage, and Angels shall make commercially reasonable efforts to enforce the policy for similarly situated individuals in a similar fashion. If adopted by Angels, monetary fee schedules for the Facility shall be subject to annual approval by the City and shall be based on the fee schedules of similar fields and facilities located in the {00544581.12306-9905831] Page 4 of 45 Page 713 of 768 State of Florida. 2.6 Teams from the East Boynton Beach Little League that meet all of the following requirements shall be eligible to use the Facility and Project("East Boynton Beach Little League Usage"). At least thirty(30) days prior to East Boynton Beach Little League Usage, the City shall provide the dates and times necessary to utilize the Facility. Such access rights shall be subject to the prior review and approval rights of Angels, in its reasonable discretion, which shall include consideration of the below East Boynton Little League requirements. For a team to qualify for East Boynton Beach Little League Usage, it shall be: (a) an East Boynton Beach official Little League team in the senior league division; (b)registered with the East Boynton.Beach Little League; and (c)the team, or in the event of a game, the team and its opponent, are in compliance with any and all national little league rules and regulations, including, but not limited to, any registration, insurance or maximum game and practice requirements. In accordance with the above, East Boynton Beach Little League Usage shall be permitted during the dates of January 23 to May 14th for the East Boynton Little League baseball Senior League Spring season (subject to any All-Star Permitted Extension as defined below) and September Ist to December 14th for the East Boynton Little League baseball Senior League Fall season. If during the East Boynton Little League baseball Senior League Spring season the East Boynton Beach Little League fields an All-Star team for the Senior Division and the All- Star team requests access to use the Project, Angels may, in its sole discretion and on a case by case basis,extend the Spring season access period("All-Star Permitted Extension"). However, no All-Star Permitted Extension shall allow for East Boynton Beach Little League Usage after July 30th of any calendar year. 2.7 The individual and group programming that is offered by Angels shall be available at such times Angels deems appropriate in its sole discretion. The training for adults and youth shall be conducted according to policies,procedures, and costs developed by Angels. The City shall not be responsible for providing staff, additional facilities (outside of this Agreement), additional permitting, or the collection of fees for Angels. 2.8 The Facility shall be used for athletic programs in the areas of semi-private group training, strength camps,individual and/or personal training,team practices,games or other forms of competition against teams or organizations not associated with {00544581.12306-9005631} Page 5 of 45 Page 714 of 768 Angels,performance consulting,manual and physical therapy,nutrition consulting, elite sport training, apparel sales, and symposiums related to the uses referenced is this section(the "Intended Use"). The fees associated with this Agreement are specifically related to the Intended Use. Angels shall retain all revenues collected as part of its business operations. 2.9 After the construction phase of the Project is completed and Angels has begun operating in full at the Facility,the City's Recreation and Parks Director or designee shall perform the functions of Contract/Project Manager during the remaining term of the Agreement. All issues related to the operation and maintenance of the Facility shall be handled through the Recreation and Parks Department and the City's Recreation and Parks Director or designee shall make reasonable efforts not to interfere with the daily operations of Angels and the Facility's Intended Use. ARTICLE 3. CONTRACT DOCUMENTS. 3.1 The Contract Documents shall be followed in strict accordance as to work,material, and dimensions, except when the Project Manager may authorize an exception in writing. 3.2 Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be decided upon by the Project Manager, The Contractor shall not proceed when in doubt as to any dimension or measurement but shall seek clarification from the Project Manager, 3.3 Angels shall maintain four (4) copies of the Contract Documents, two (2) of which shall be preserved and always kept accessible to the Project Manager or his/her authorized representative. ARTICLE 4. OWNERSHIP OF DESIGN MATERIALS AND DOCUMENTS. All design materials and documents shall remain the property of Angels. However,Angels shall provide to the City copies of all such design materials and documents,including any updates or changes during the term of this Agreement. ARTICLES. PROJECT DEVELOPMENT SCOPE. 5.1 Angels hereby agrees to engage the Consultants and the Contractor necessary for the design and construction, inclusive of furnishing land surveying, labor, materials,equipment,and other services necessary to perforin all of the work to operate the Facility including completion of the Project. The Facility is located {00544581.12306-9905631 J Page 6 of 45 Page 715 of 768 in the area identified as Field 1 on Exhibit "A", including any additional drawings and addenda thereto, to be constructed in accordance with the requirements and provisions of the Contract Documents. 5.2 Angels agrees to meet with the City at reasonable times and with reasonable advance notice, which shall be no less than five (5) business days, during the term of this Agreement, and specifically during the design and construction phase of the Project. 5.3 Prior to the Final Completion of construction services under this Agreement, there shall be established a record set of plans and specifications, that shall bear the approval of Angels and the Project Manager. In addition, prior to the commencement of construction services under this Agreement, Angels shall submit to the Project Manager a Construction Schedule for the planning and execution of the Construction Phase of the Project. The Construction Schedule shall be updated regularly and submitted to the Project Manager. ARTICLE 6. COMPLETION DATE- CONSTRUCTION PHASE. 6.1 Upon execution of this Agreement by both parties, the Angels shall have one hundred eighty (180) calendar days to submit all required documents and receive any and all permits for the Project. Prior to receipt of any permits for the Project from the City, the Angels shall be required to receive final site plan approval from the City Commission of the City of Boynton Beach. Upon approval of the final site plan by the City Commission and once the permits are received by the Angels, the Project Manager shall instruct Angels to commence the Construction Phase of the Project by written instructions in the form of a Notice to Proceed issued by the City. Construction of the Project shall commence within seven (7) calendar days of the Project initiation date specified in the Notice to Proceed (the "Construction Commencement Date"). The Notice to Proceed will not be issued until after execution of this Agreement by both parties and receipt and approval by the City of all required documents, including a task and delivery-oriented project timeline. 6.2 The Project shall be substantially constructed no later than one hundred eighty (180) calendar days after- the Construction Commencement Date, and final completion shall be no later than two hundred ten (210) calendar days after the Construction Commencement Date, subject to approved extensions and Force Majeure. Upon failure of Angels to substantially complete the Project within thirty (30) days following the City's notice of Angels' failure to complete the Project within the specified period of time (plus approved extensions and Force Majeure, if any), Angels shall reimburse the City for any reasonable and documented monetary losses, including fines, in an amount equal to $250.00 per day, in a cumulative maximum reimbursement amount not to exceed $75,000.00, that the (00544581.12306-9905631} Page 7 of 45 Page 716 of 768 City experiences for each calendar day(plus any approved extensions)after the time specified for substantial completion (collectively, the "Failure to Complete Fees"). Such reasonable and documented monetary losses shall be reimbursed with fifteen (15) days after the City's delivery to Angels of a statement of such costs. As used herein "Substantial Construction," "Substantially Constructed," and any derivations thereof mean the Construction Phase of the Project is substantially completed (as reasonably determined by the City) in substantial accordance with the site plan, as further evidenced by a certificate of completion provided by the Consultant attesting to the Project's Substantial Construction. Substantial Construction shall have occurred even though minor details of construction, decoration, landscaping and mechanical adjustments remain to be completed. 6.3 No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last five(5)years of weather recorded for the City of Boynton Beach. ARTICLE 7. ANGELS'S RESPONSIBILITIES. 7.1 Angels will engage and contractually require licensed professionals to complete the construction work in accordance with the requirements of this Agreement, and will enforce such contracts and administer any claims process associated with such contracts as set forth herein. Angels shall require each Contractor and each design Consultant to provide customary warranties, enforce said warranties, and name the City as a third-party beneficiary of all such warranties. The foregoing notwithstanding, Angels shall be obligated to enforce the provisions of each Consultant Contract and each Construction Contract as set forth herein. 7.2 Local Business Tax Receipts (formerly Occupational Licenses) are required to be provided by Angels pursuant to Chapter 205,Florida Statutes. 7.3 Nothing in this Agreement shall create any contractual relationship between any consultant or subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any monies due to any consultant or subcontractor of Angels. 7.4 Angels agrees to bind specifically the Contractor and Consultants to the applicable terms and conditions of this Agreement for the benefit of the City and shall ensure the Contractor or Consultants prohibit any liens on the City's Property. 7.5 Unless otherwise provided herein, Angels shall provide and pay for all land surveying services, materials, labor, water, tools, equipment, light, power, transportation, and other facilities and services necessary for the proper execution and completion of solely the Project, whether or not incorporated or to be incorporated in the Project. (40544581.1230&-99Q5031} Page 8 of 45 Page 717 of 768 7.6 Angels shall cause all its agents, employees, Contractor, subcontractors, and Consultants to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees, at no additional cost to the City. 7.7 Angels shall pay all applicable sales,consumer,use,and other taxes directly related to the Project and Intended Use of the Facility as required by Iaw. 7.8 In connection with the City's Renovation (as defined in Section 10.4 herein), Angels agrees to install, at its sole cost and expense, synthetic turf on Field 5, as identified on Exhibit"D"attached hereto.The installation of the synthetic turf shall be completed in a good and workmanlike manner using synthetic turf of a quality that is customary to baseball fields of similar design and use.Notwithstanding the foregoing, after the installation of the synthetic turf on Field 5, the City shall be responsible, at its sole cost and expense, for all future maintenance and repairs of Field 5 and the synthetic turf installed thereon. ARTICLE 8. FINANCIAL SUPPORT. 8.1 The City shall have no financial obligation for the permitting, construction, operation, and maintenance of the Facility or the Project. The City shall not be obligated to provide any kind of bonding support, credit guarantees or any type of financial commitments for the development of this Project. 8.2 Intentionally Omitted. ARTICLE 9. USE OF FACILITY. 9.1 The intent of the parties to this Agreement is that the Facility will be used for the Intended Use, and primarily to provide high-performance training to elite professional, amateur, and youth athletes. The Facility shall be operated subject to the City's applicable codes and its rules regarding recreation and park activities. 9.2 The programmatic operation of the Facility shall be governed by Angels in its reasonable discretion. Angels shall have the exclusive right to use the Facility, subject to the East Boynton Beach Little League Usage, any Facility Third Party Usage,or public usage,which shall be subject to Section 2.5 and Section 2.6 herein. ARTICLE 10. THE CITY'S RESPONSIBILITIES. 10.1 The City shall assist Angels by placing at its disposal any available information pertinent to the Project,including previous reports,laboratory tests,and inspections of samples, materials, and equipment; property, boundary, easement, rights-of- way, topographic and utility surveys; property descriptions; and known zoning, deed, and other land-use restrictions. {08544581.12306-9905631) Page 9 of 45 Page 718 of 768 10.2 The City shall arrange for access to and make all provisions for Angels to enter upon the public property as required for Angels to perform its services. 10.3 Without invalidating this Agreement and without notice to any surety, the City reserves and shall have the right to make such changes from time to time as may be reasonably considered necessary to complete fully and acceptably the proposed construction in accordance with applicable law. Any other changes (that are not required for compliance with applicable law)proposed by the City shall be paid for by the City at its sole cost and expense. Any extra or additional work during the construction of the Project may be accomplished by means of appropriate field orders and supplemental instructions subject to the provisions herein. 10.4 Angels acknowledges and agrees that portions of the Property not included in the Project are being renovated and further developed by the City as of the Effective Date, in accordance with the East Boynton Beach Little League Master Plan, as may be further amended, attached hereto as Exhibit"D" ("City's Renovation"). The City shall be responsible for any and all excess costs or expenses incurred by Angels during the Term for which Angels would not have incurred but for the City's Renovation. If the City's Renovation cause a delay to the Project, preventing Angels from completing the Project prior to the expiration of the specified construction period provided in Section 6.2 of this Agreement, Angels shall not be responsible for payment of any Failure to Complete Fees, and Angels shall receive a day-for-day extension for any delays due to the City's Renovation. If the City's Renovation damages, moves or otherwise infringes on or under any existing improvement or system sewing the Facility, not otherwise in accordance with Exhibit"D", the City shall be responsible for any excess costs resulting from such damage,movement or infringement incurred to complete the Project in accordance with the specifications provided herein. For example, if the City changes the orientation of Field 1, then the City shall be required, at its sole cost and expense, to relocate and reinstall the lighting system serving Field 1. ARTICLE 11. RESOLUTION OF DISPUTES. In order to prevent all disputes and litigation,it is agreed by the parties hereto that during the construction phase of the Project,the City Engineer shall decide all questions, difficulties, and disputes of whatever nature that may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Agreement as to the character, quality, amount, and value of any work done and materials furnished under or by reason of this Agreement,and the City Engineer's estimates and decisions upon all claims,questions,and disputes shall be final and conclusive upon the parties hereto. This Article does not preclude either or both parties from seeping any and all remedies available at law or in equity. The parties hereto may also, if mutually agreed, seek mediation to resolve any dispute related to this Contract. [00544581.12306-9905631) Page 10 of 45 Page 719 of 768 ARTICLE 12. ASSIGNMENT. Except as provided herein with respect to subleasing,neither party to this Agreement shall assign this Agreement without the prior written consent of the other patty,nor shall Angels assign any monies due or to become due to the City hereunder without the prior written consent of the City. ARTICLE 13. CONSTRUCTION PROGRESS PROJECT MEETINGS. Angels shall schedule periodic work progress meetings, to be held no more than twice in any thirty (30) day period, and specially called meetings as needed with the City's Designated Representative relating to the construction services under this Agreement. Angels shall record the minutes of such meetings, include significant proceedings and decision(s) within the minutes, and reproduce and distribute copies of minutes within fifteen (15) business days after each meeting, plus incorporate comments received or exceptions taken by those present who have reviewed and commented on the minutes. ARTICLE 14. SECURITY. Angels or its Contractor shall use commercially reasonable efforts to provide a project security program to protect work, stored products, and construction equipment from theft and vandalism, and to protect premises from entry by unauthorized persons. In the event any such materials, equipment, and supplies are lost, stolen, damaged, or destroyed prior to final completion, Angels, or its insurance provider, shall replace same without cost to the City. ARTICLE 15. INSPECTION OF CONSTRUCTION. 15.1 During the construction phase,the City Engineer or designee shall, at all times, have access to the Facility and the Project, and Angels shall provide proper facilities for such access. 15.1.1 Should the Contract Documents, instructions, any laws, ordinances, or any public authority require any work for the Project to be specially tested or approved,Angels shall give to the City timely notice of readiness of the work for inspection. If the testing or approval is to be made by an authority other than the City, timely notice shall be given of the date fixed for such testing. Inspections shall be made promptly, and where practicable, at the source of supply. If any work on the Project are covered up without approval or consent of the Project Manager, it shall, if required by the City, be uncovered for examination and properly restored at Angels' expense. {aQsaa�a�.�zaos-ssa5sa�} Page 11 of 45 Page 720 of 768 15.1.2 Re-examination and re-testing of any work on the construction of the Project may be ordered by the Project Manager, and if so ordered, such work shall be uncovered by Angels. If work is found defective,Angels shall bear all reasonable direct,indirect, and consequential expenses of such removal or correction. If such work is found to be in accordance with the Contract Documents, the City shall pay the cost of re-examination,re-testing, and replacement. 15.2 The payment of any compensation,regardless of its character or form,or the giving of any gratuity or the granting of any valuable favor by Angels to any inspector other than its consultant, is forbidden, and any such act on the part of Angels shall constitute a breach of this Agreement. ARTICLE 16. SUPERINTENDENCE AND SUPERVISION. 16.1 The orders of the City shall be given through the Project Manager, whose instructions are to be strictly and promptly followed in every case. Angels shall maintain a competent resident supervisor, who shall serve as the Designated Representative,and any necessary assistants on the construction site throughout the duration of the construction phase of the Project. The Designated Representative shall serve as the Superintendent on site and shall be responsible for continuous field supervision, coordination, and completion of the work. The Designated Representative shall not be changed except with the consent of the Project Manager, unless the Designated Representative proves to be unsatisfactory to Angels and ceases to be in its employ. The Project Representative shall represent Angels, and all direction given to the Designated Representative shall be as binding as if given to Angels. Directions shall be confirmed in writing to Angels. Other directions will be so confirmed on written request in each case. 16.2 Angels' Designated Representative shall prepare, on a daily basis and keep on the construction site, a bound log setting forth, at a minimum for each day: the weather conditions and how any weather conditions affected progress of the work; work performed; equipment utilized for the work; any idle equipment and reasons for idleness;visitors to the site; labor utilized for the work;and any materials delivered to the construction site.The daily log shall be available for inspection by the Project Manager at all times during the construction phase of the Project. 16.3 If Angels, in the course of constructing the Project, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors or omissions in the Contract Documents, including drawings (plans) and specifications, it shall be Angels' duty to promptly inform the Project Manager in writing, and the Project Manager shall promptly verify the same. Any work done prior to or after such discovery shall be done at Angels' sole risk. ARTICLE 17. THE CITY'S RIGHT TO TERMINATE AGREEMENT DURING DEVELOPMENT AND CONSTRUCTION. {00544581.12306-99056311 Page 12 of 45 Page 721 of 768 17.1 The following shall give the City the right to terminate this Agreement after written notice to the Angels prior to completion of construction of the Project ("Notice of Termination"): 17.1.1 Construction of the Project does not commence within the time specified or is not performed to ensure the prompt completion of the Project, subject to any Force Majeure events or weather delays, or Angels fails to correct the construction work within twenty (20) calendar days following notice from the City that the construction work is defective and/or unsuitable. 17.1.2 If Angels becomes insolvent, is declared bankrupt, commits any act of bankruptcy or insolvency, makes an assignment for the benefit of creditors, or as a result of any other cause whatsoever resulting in Angels not carrying on the construction of the Project in an acceptable manner, the Project Manager may give notice in writing to Angels and its Surety of such delay, neglect, or default, specifying the same. If Angels,within a period of twenty(20)calendar days after such notice, does not proceed in accordance therewith, then the City may,upon written certificate from the Project Manager of the fact of such delay, neglect or default and Angels' failure to comply with such notice, terminate the Agreement, exclude Angels from the site and take the construction of the Project out of the hands of Angels, and appropriate or use any or all materials and equipment on the site as may be suitable and acceptable. 17.2 In the event of an occurrence under Section 17.1 above,the City may enter into a separate agreement for the completion of the Project according to the terms and provisions of the Contract Documents or use such other methods as in the City's opinion is required for the completion of the construction in an acceptable manner. 17.3 In the event of an occurrence under Section 17.1 above, all reasonable and documented damages, costs, and charges incurred by the City shall be deducted from any monies due or that may become due to Angels. T h e C i t y s h a 11 provide Angels with a statement of costs documenting such damages, costs and/or charges incurred. Actionsmaybe instituted to recover on the posted bonds. In case of damages and expenses inured by the City,Angels shall be liable and shall pay to the City the amount of such costs. 17.4 Upon receipt of the Notice of Termination pursuant to Article 17.1,Angels shall promptly discontinue all affected work, unless the Notice of Termination directs otherwise, and deliver or otherwise make available to the Project Manager all data, drawings, specifications, reports, estimates, summaries, and such other information as may have been required by the Contract Documents, whether completed or in process. {00544561.12 n06-9905631} Page 13 of 45 Page 722 of 768 ARTICLE 18. ANGELS` RIGHT TO STOP WORD OR TERMINATE AGREEMENT. 18.1 If the construction of the Project should be stopped under an order of any court or other public authority for a period of more than ninety(90) calendar days, through no act or fault of Angels or of anyone employed by Angels,then Angels may,upon three (3) calendar days' written notice to the City and the Project Manager, stop work on the construction ofthe Project,without any penalties hereunder, until such time Angels is legally allowed to commence performance under this Agreement. 18.2 If the City fails to perform its obligations under this Agreement, Angels must provide five (5) calendar days' written notice of such failure, after which the City shall have ten(10)days to cure. If the City fails to cure the subject default, Angels may terminate the Agreement. 18.3 In the event the City Commission denies the final site plan for the Project in accordance with Article 6,the Angels shall have the right to immediately terminate this Agreement and shall have no further financial obligation to the City for the development and usage of the Project or Facility. ARTICLE 19. PLANS AND WORKING DRAWINGS. The City and Angels will review and revise construction plans prior to submittal for permitting. All approved plans, general and detail,are to be deemed a part of this Agreement,and the plans and specifications and Agreement are to be considered together and are intended to be mutually complementary so that any work shown on the plans,though not specified in the specifications, and any work specified in the specifications, though not shown on the plans, is to be executed by Angels as part of this Agreement. All things that in the opinion of the Project Manager may reasonably be inferred from this Agreement and plans, as developed by Angels and approved by the Project Manager, are to be executed by Angels under the terms of this Agreement; and the Project Manager shall determine whether the detail plans conform to the Contract Documents, except as may be otherwise determined by the Project Manager. All plans, specifications, and related technical documentation should be in the form of an electronic CADD drawing file and paper copy. ARTICLE 20. SUBCONTRACTS. Angels shall cause the Contractor, prior to the start of construction, to notify the Project Manager in writing of the names of the subcontractors who will be used to construct the Project, and identify the portion of the work that each will perform. The Contractor shall have a continuing obligation to notify the Project Manager of any change in the subcontractors. ARTICLE 21. SEPARATE CONTRACTS. {00544581.'12306-9905631 Page 14 of 45 Page 723 of 768 21.1 The City reserves the right to let other contracts that may impact work in the general area of the construction site. Angels shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this work with theirs. Notwithstanding the foregoing, the City shall extend the timelines set forth in Article 6, on a day for day basis,for the time Angels' construction schedule for the Project is impacted. 21.2 Angels shall use commercially reasonably efforts to require the Contractor to perform the obligations described on Exhibit "B" attached hereto and incorporated herein. 21.3 To ensure the proper execution of its subsequent work, Angels shall inspect the work already in place and shall at once report to the Project Manager any discrepancy between the executed work and the requirements of the Contract Documents. However, Angels shall not be responsible to correct any existing problems at the Property. 21.4 No claim for damages or any claim other than for an extension of time shall be made or asserted against the City by reason of any delays due to work of other contractors, unless such delays result in the de-mobilization of Angels' work crew and there is an attendant cost to re-mobilize. ARTICLE 22. USE OF COMPLETED PORTIONS. 22.1 The City may inform Angels if any portion of the Project may be utilized by Angels prior to normal construction completion. Such possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such possession and use delay the construction of the Project, Angels shall be liable for any reasonable and documented costs incurred by the City. 22.2 In the event Angels takes possession of a completed portion, the following shall occur: 22.2.1 Angels shall give notice to the City at least five (5) calendar days in advance of intent to occupy a designated area. 22.2.2 Angels shall bring the designated area to the point of Substantial Completion. When the City considers that the designated area of the Project are substantially complete, the City shall notify Angels, in writing, and shall prepare a list of items to be completed or corrected. The failure to include any items on such list {00544584.12306-9905631 1 Page 15 of 45 Page 724 of 768 does not alter the responsibility of Angels to complete work on the designated area in accordance with the Contract Documents. The Project Manager shall conduct an inspection to determine that the designated portion of the Project are substantially complete. The Project Manager and Angels shall agree on the time within which Angels shall complete the items listed. 22.2.3 Upon issuance and acceptance of the Certificate of Substantial Completion, Angels shall assume full responsibility for the operation, maintenance,utilities, and all related expenses. Angels shall remain responsible for all items listed to be completed or corrected as submitted to the Project Manager as required in the substantial completion process. 22.2.4 If Angels finds it necessary to use a portion or portions of the Project prior to Substantial Completion thereof, such use shall not commence prior to a time mutually agreed upon by the Project Manager and Angels. Any insurance in effect shall not be canceled or lapsed on account of such partial use. ARTICLE 23. LANDS FOR WORK. The City shall provide, as indicated in the Contract Documents, the lands upon which the Project are to be constructed, rights-of-way, and easements for access thereto, and such other lands as are designated for the use of Angels. No claim for damages or other claim other than for an extension of time shall be made or asserted against the City by reason of any delay arising as a result of any failure of the City to provide such lands on the date needed by Angels. ARTICLE 24. FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS. 24.1 The Project Manager shall have the right to approve and issue field orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in contract execution,provided the field order involves no change in the total cost of the construction of the Project or the time of performance. 24.2 The Project Manager shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning this Agreement or its performance, provided they make no major changes in contract execution and involve no change in the total cost of the construction of the Project or the time of performance. ARTICLE 25. CHANGE OF CONTRACT TV4E. 25.1 Any claim for an extension of the contract time shall be based on written notice 100544681,12.106-9905631} Page 16 of 45 Page 725 of 768 delivered by the party making the claim to the Project Manager promptly (but in no event later than ten (10) calendar days after the occurrence of the event giving rise to the claim and stating the general nature of the claim). Notice of the extent of the claim with supporting data shall be delivered within seventy-five (75) calendar days after such occurrence(unless the Project Manager allows,in writing, an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the contract time shall be determined by the Project Manager in accordance with the terms herein. No claim for an adjustment in the contract time shall be valid if not submitted in strict accordance with the requirements of this Article. 25.2 The contract time will be extended in an amount equal to time lost due to delays beyond the control of and through no fault or negligence of Angels if a claim is made therefor as provided herein. Such delays shall include, but not be limited to, acts of neglect by the City, or by any employee of the City, or any separate contractor employed by the City, or due to a Force Majeure or weather-related delay. ARTICLE 26. NO DAMAGES FOR DELAY. Angels shall not be entitled to any payment or compensation of any bind from the City for direct,indirect, consequential, impact, or other costs,expenses, or damages,including,but not limited to, costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever, whether such delay, disruption, interference, or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Angels shall be entitled to terminate this Agreement or have an extension of time to complete its obligations hereunder as a choice of remedies hereunder for such resulting in delays in accordance with and to the extent specifically provided above. ARTICLE 27. SUBSTANTIAL COMPLETION. 27.1 When Angels considers that the construction of the Project,or a designated portion thereof which is acceptable to the City, is substantially complete, Angels shall notify the Project Manager and shall instruct the Contractor to prepare for submission to the Project Manager a thorough list of items to be completed or corrected,together with a schedule for completion of all items. 27.2 The Project Manager shall conduct an inspection to determine that the Project or designated portion thereof is substantially complete. The Project Manager will then instruct Angels to prepare and deliver to the Project Manager a Certificate of Substantial Completion that shall establish the date of Substantial Completion. After review of the Certificate by the Project Manager, the City will either accept {00544581.12306-9905631) Page 17 of 45 Page 726 of 768 or reject the Certificate, The Project Manager, with the concurrence of Angels, shall fix the time within which Angels shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the date of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City through the Project Manager and Angels for its written acceptance of the responsibilities assigned to them in such Certificate. ARTICLE 28. FIELD ENGINEERING. Angels shall provide and pay for field engineering services required for the construction of the Project. This work shall include the survey work required in execution of the construction of the Project. ARTICLE 29. FIELD LAYOUT OF THE WORD AND RECORD DRAWINGS. 29.1 Angels shall maintain in a safe place at the site one (t) record copy of all drawings (plans), specifications, addenda, written amendments, Change Orders, and written interpretations and clarifications in good order, annotated to show all changes made during construction, and in a format compatible with GADD equipment. These record documents, together with all approved samples and a counterpart of all approved Shop Drawings, shall be available to the Project Manager for reference. Upon completion of the construction, these record documents, samples, and Shop Drawings shall be delivered to the Project Manager. 29,2 At the completion of the construction of the Project, Angels shall turn over to the City a set of reproducible drawings that accurately reflect the "as--built" conditions of the Project and in a format compatible with the City's GADD equipment. All changes made to the construction documents, either as clarifications or as changes, shall be reflected in the plans. The changes shall be submitted on Mylar at least monthly to the Project Manager. These "as- built" drawings shall be signed and sealed by a registered Florida engineer or architect and shall be delivered and found to be acceptable. ARTICLE 30. PROJECT SIGNAGE. Angels and/or the Contractor shall furnish and erect signs, subject to the approval by the City, at the construction site, as directed by the Project Manager. Angels and/or the Contractor may install additional signage at the site, subject to approval by the Project Manager. ARTICLE 31. CLEANING UP AND REMOVAL OF EQUIPMENT. 31.1 The City's Right to Clean Up. If a dispute arises between Angels and separate {005445a1.12306-9905631} Page 18 of 45 Page 727 of 768 contractors as to the responsibility for cleaning up,the City may clean up and charge the reasonable and documented cost thereof to contractors, including Angels, responsible therefor, as the Project Manager shall determine to be just. 31.2 Removal of Equipment. In case of termination of this Agreement before completion for any cause whatever, Angels, if notified to do so by the City, shall promptly remove any part or all of Angels' equipment and supplies from the property of the City, failing which the City shall have the right to remove such equipment and supplies at the expense of Angels. ARTICLE 32. MISCELLANEOUS. 32.1 Rights of Various Interests. Whenever work being done by the City or by City contractors is contiguous to work covered by this Agreement, the respective rights of the various interests involved shall be established by the Project Manager to secure the completion of the various portions of the work in general harmony. 32.2 Records. Angels shall beep such records and accounts and require any and all architects, consultants, Contractor and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records shall be available at all reasonable times for examination and audit by the City and for the required retention period of the Florida Public Records Act (Chapter 119,Florida Statutes), if applicable, or if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by the City to be applicable to Angels'records,Angels shall comply with all requirements thereof, however, no confidentiality or nondisclosure requirement of either federal or state law shall be violated by Angels. 32.3 No Contingent Fee. Angels warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Angels,to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Angels, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or malting of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate this Agreement without liability,at its discretion, and to recover the full amount of such fee, commission,percentage, gift, or consideration, (00544581,12306-99056314 Page 19 of 45 Page 728 of 768 32.4 Representative of the City and Angels. 32.4.1 It is recognized that questions in the day-to-day course of the construction of the Project will arise. All communications pertaining to the day-to-day conduct of the wort-, shall be addressed to the Project Manager. 32.4.2 Angels shall inform the Project Manager in writing of the representative of Angels to whom matters involving the day-to-day conduct of the construction shall be addressed. 32.5 All Prior Agreements Superseded; Amendments. The Contract Documents incorporate and include all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in the Contract Documents. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 32.6 Notices. Whenever either party desires to give notice unto the other, it shall be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to-wit: As to the City: Attn: Dan Dugger, City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach,FL 33435 duggerd@bbfl.us With a copy to; Michael D. Cirullo, Jr.,Esq. Goren, Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 Email: mcirullo@gorencherof.com {00544581.12306-9905631} Page 20 of 45 Page 729 of 768 As to Angels: Mike Barwis 378 Hillsboro Technology Drive Deerfield Beach,Florida 33441 Telephone: Facsimile: Email: rnichael@baiwis.com With a copy to: Nicholas Milano,Esq. Holland&Knight LLP 515 East Las Olas Boulevard, Suite 1200 Fort Lauderdale,Florida 33301 Telephone: (954)468-7804 Facsimile: (954)463-2030 Email: nick.milano@hldaw.com 32.7 Truth-In-Negotiation Certificate Signature of this Agreement by Angels shall act as the execution of a truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the costs for the design and construction of the Project are accurate, complete, and current at the time of contracting. The original pricing and any additions thereto shall be adjusted to exclude any significant suras, by which the City determines the prices were increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such pricing adjustments shall be made within one (1) year following the end of this Agreement. 32.8 Interpretation. The parties hereto acknowledge and agree that the language used in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender,and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein, "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the particular sentence, paragraph, Section, or Article where they appear,unless the context requires otherwise. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections and subparagraphs of such Section or Article, unless the reference is expressly made to a particular subsection or subparagraph of such Section or Article. 32.9 Applicable Law and Venue. This Agreement shall be interpreted and construed [00544581,123fl6-9905631} Page 21 of 45 Page 730 of 768 in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Palm Beach County, Florida. 32.10 Public Entity Crime Statement. Angels acloiowledges the existence of Chapter 287.133(2)(a), Florida Statutes ("Public Entity Crimes Act"), which provides, in part,that a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City;.may not submit a bid on a contract with the City for the construction or repair of a public building or public work; may not submit bids on leases of real property to the City; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City; and may not transact business with the City in excess of the threshold amount provided in Chapter 287.017,Florida Statutes, for Category Two for a period of thirty- six (3 6) months from the date of being placed on the Convicted Vendor List. Violation of this Section by Angels shall result in termination of this Agreement by the City without penalty. 32.11 Joint Preparation. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other by virtue of the fact that it may have been physically prepared by one party or its attorneys. 32.12 Severance. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid,the remaining provisions shall continue to be effective unless the City or Angels elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 32.13 Waiver.No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 32.14 Drug-Free Workplace. Execution of this Agreement by Angels shall serve as Angels' certification that it either has or that it will establish a drug-free workplace consistent with Chapter 112.045 5,Florida Statutes. 32.15 Conflicts.Neither Angels nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Angels' loyal and conscientious exercise of judgment related to its performance under this Agreement. Angels agrees that none of its employees shall, during the tern of this (00544561,92 306-9905631) Page 22 of 45 Page 731 of 768 Agreement, serve as an adverse or hostile expert witness against the City in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process,nor shall such persons give sworn testimony or issue a report or whiting, as an expression of his or her opinion, that is adverse or prejudicial to the interests of the City in any such pending or threatened legal or administrative proceeding. The limitations of this Article shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Agreement. In the event Angels is permitted to utilize subcontractors to perform any services required by this Agreement, Angels agrees to prohibit such subcontractors, by written contract,from having any conflicts as within the meaning of this Article. 32.16 Background Checks. Prior to hiring any employee, subcontractor, or consultant to provide services at the Facility,the Angels shall conduct a comprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The individual shall sign an authorization for the Angels to access criminal background information as provided in Exhibit"C" attached hereto and incorporated herein. The costs for the background checks shall be borne by the Angels. ARTICLE 33. PUBLIC RECORDS. The City is public agency subject to Chapter 119, Florida Statutes. Angels shall comply with Florida's Public Records Law, as applicable. Specifically, Angels shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the Agreement if the Angels does not transfer the records to the City. d. Upon completion of the contract,transfer,at no cost,to the City all public records in possession of the Angels or keep and maintain public records required by the City to perform the service. If the Angels transfers all public records to the City upon completion of the contract, Angels shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. e. If the Angels keeps and maintains public records upon completion of the {00544582.12306-9905631 1 Page 23 of 45 Page 732 of 768 contract, the Angels shall meet all applicable requirements for retaining public records.All records stored electronically by Angels must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. The failure of Angels to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the City may terminate the Agreement. IF ANGELS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO ANGELS IS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 31.0 BOYNTON BEACH,FLORIDA, 33425 561.-742-6061 CITYCLERE_kBBFL.US ARTICLE 34. GROUND LEASE. Once the Facility has been completed in accordance with the teens herein,the City hereby demises and leases to Angels, and Angels hereby hires and takes from the City, subject to and with the benefit of the terms, covenants,conditions, and provisions of this Agreement, the property located at the Facility. The initial terra of this Agreement (the "Term") shall be for a period of thirty (30) calendar years from the Effective Date unless terminated sooner pursuant to the terms herein. At least one(1) year prior to the expiration date of the Agreement or any extension period, the City and Angels shall have the option, to renew the Agreement for two (2) additional ten (10) year periods; provided the terms and conditions of the new Agreement are mutually agreeable to Angels and the City. Angels shall be responsible for performing all maintenance,repair and replacement for the Facility during the Terin, at its sole cost and expense.Angels shall maintain the Facility to the same as the City maintains the surrounding East Boynton Beach Little League complex including cleanliness. ARTICLE 35. TERMINATION BY THE CITY POST-CONSTRUCTION. Following Final Completion, the City shall have the right to terminate this Agreement if any of the following shall occur. 1(10544581.12 306-9905631 Page 24 of 45 Page 733 of 768 35.1 If Angels at any time is in default of its material obligations, including payment or maintenance obligations, under this Agreement, and such default persists for thirty(3 0) days after written notice thereof is given by the City, or if such default cannot be cured within thirty (3 0) days, or such time as may be reasonably necessary to cure so long as Angels is diligently prosecuting to cure but not to exceed an additional thirty (30) days; 35.2 If Angels fails to pay to the City any amounts or taxes due or any other undisputed amounts required to be paid hereunder when due and such failure to pay persists for twenty(20) business days after written notice thereof; 35.3 The filing by or against Angels of a bantauptcy, insolvency, receivership, reorganization or arrangement proceeding, or the initiation of any similar type of proceeding (if involuntary, the same not having been dismissed after- sixty (60) days from the date of filing), or if Angels shall be unable or unwilling to pay its debts when due; or 35.4 Any breach in any representation or warranty made by Angels. 35.5 If the City and public's use of the East Boynton Little League Complex is substantially impaired in the City's reasonable discretion, the City shall have a one-time right to terminate this Agreement prior to the expiration of the Term ("Early Termination Option"), effective as of the last day of the nineteenth (19'11) full calendar year following the Effective Date ("Early Termination Date") by providing Angels with written notice on or before twelve (12) months prior to the expiration of the Early Termination Date ("Early Termination Notice"). In consideration for exercising the Early Termination Option, the City shall pay to Angels concurrent with the Early Termination Notice an amount equal to 200% of Angels' direct costs of the Project. Shall the City fail to timely deliver the Early Termination Notice in connection with its Early Termination Option, the City's Early Termination Option shall be deemed waived and of no further force and effect, and this Agreement shall continue for the duration of the Tern. Subject to the provisions of this Section and the terms of this Agreement, any termination by City shall result in the ownership and possession of the Facility and the Project being forfeited to the City, and the City shall have the right to finish any incomplete construction of the Project, or operate the Facility as the City deems in its best interest. Regardless of the foregoing, the City shall not be subject to any financial obligations or any debts owed by Angels related to the design, construction, operation, or maintenance of the Facility and the Project. ARTICLE 36. TERMINATION BY ANGELS. Following Final Completion, Angels shall have the right to terminate this Agreement if any of the following shall occur: {00544561.12306-9905631} Page 25 of 45 Page 734 of 768 36.1 If the City at any time is in default of its material obligations under this Agreement, and such default persists for thirty (30) days after written notice thereof is given by Angels, or if such default cannot be cured within thirty (30) days, or such time as may be reasonably necessary to cure so long as City is diligently prosecuting to cure but not to exceed an additional thirty (3 0) days; 36.2 Any breach in any material respect of any representation or warranty made by the City herein. ARTICLE 37. WINDING-UP AND COOPERATION. If this Agreement expires or is otherwise terminated, the Parties shall promptly and cooperatively work together in the process of winding-up of Angels' operations under this Agreement, including (i) notification of staff, subcontractors, vendors, suppliers, and others having contractual or other arrangements with respect to the operation of the Facility and the construction of the Project, pursuant to the terms of the Agreement; (ii) completion of all calculations and schedules for reconciliations, inventory, accounting, claims, and payments arising under this Agreement; and (iii) transition, as applicable, to any third Person that will take over the operation of the Facility. The City and Angels shall use best reasonable commercial efforts to complete and constructively cooperate in the winding-up process as expeditiously as possible. ARTICLE 38. DUTIES UPON TERMINATION. Upon termination, Angels shall be required to: 38.1 Vacate the premises and leave the Facility in good repair and operating condition, reasonable wear and tear excepted. Angels shall not have the right to remove any capital improvements,equipment,fixtures,or other assets or property belonging to City, or any of their respective agents or representatives; and 38.2 Remove all trash, stacks of material, supplies,tools, equipment, etc., belonging to Angels or its agents. Costs of such removals and restoration shall be borne by Angels. If such trash, stacks of materials, supplies, tools, equipment, etc.,placed in the Facility by Angels or its agents have not been removed by Angels by the date of termination,it will be the option of the City to remove the same at Angels` cost, risk, and expense or to retain or dispose of the same or any part thereof, without payment or reimbursement to Angels, unless other arrangements have been made in writing between the City and Angels with regards to the removal thereof. ARTICLE 39. REMEDIES. 39.1 Opportunity to Cure. Notwithstanding any other provisions in this Agreement, the City shall allow Angels at least sixty(60) calendar days to cure any deficiency in {00544581.12306-9905631 1 Page 26 of 45 Page 735 of 768 the operation and maintenance of the Facility other than the payment by the Angels of any fees required under the teens of this Agreement,subsequent to the provision of written notice to Angels regarding the deficiency. Except in an event of Termination for Cause, Angels shall be allowed to use the sixty (60) days' period as an Opportunity to Cure the deficiency. 39.2 Remedies Upon Default. Upon the occurrence of any of the events of default, and following any applicable cure period, then in addition to any other rights and remedies that either Party may have hereunder, at law, in equity, or otherwise,the non-defaulting Party may declare this Agreement terminated and recover Damages permitted by Applicable Law and/or seek specific performance or other injunctive or equitable relief. ARTICLE 44. GROUND LEASE FEE. 40.1 During the construction phase of the Project,Angels shall not be required to make any payments towards the Ground Lease Fee. 40.2 No later than thirty (30) days after substantial completion of the Project, or on a later date determined by the City, Angels shall pay an annual Ground Lease Fee of One Dollar($1.00)per year for each and every year this Agreement remains in effect,payable in advance, to the City of Boynton Beach, Florida. All payments are due payable by the 10th day of January at the start of each calendar year. ARTICLE 41. OWNERSHIP OF FACILITY AND THE PROPERTY CONTEMPLATED UNDER THE PROJECT. The City shall own the property contemplated by the Project and the Facility,lice and clear of all claims by Angels or any other entity. Full legal ownership of the property contemplated by the Project shall lie with the City of Boynton Beach, Florida. ARTICLE 42. TAXES AND FINES. Angels shall pay all taxes that may be assessed on its design and construction of the Project and the operation, lease, and maintenance of the Facility. The City shall not be liable for any taxes, files, or penalties that may be levied against the Project or Angels'use of the Facility. ARTICLE 43. UTILITIES. It shall be the responsibility of Angels to pay for and sign up for an account for all utility service for the Facility required during the construction phase of the Facility. To the extent reasonably possible, utilities to the Facility shall be separately metered or subinetered at {00544581.12 306-9905631} Page 27 of 45 Page 736 of 768 Angel's sole expense. In the event that any such utilities cannot be or are not separately metered or assessed or the City elects to supply any utilities, then, insofar as and to the extent that such is permitted pursuant to applicable law and the regulations of the applicable utility company,Angels agrees to purchase the same from the City,provided the rate does not exceed the rate which Angels would be required to pay on a metered basis to the utility company furnishing the same to the Facility. Upon completion of construction and during the operation at the Facility, Angels shall be responsible for the payment of all permanent utility service solely to the Facility. From time to tune, the City may perform a reconciliation of all or any of Angels'charges and usage for any prior billing period and the City shall provide Angels a copy of the reconciliation within ten (10) days of the date the City received the reconciliation. If during the reconciliation it is determined that Angels had been overbilled for its usage or that the estimate did not accurately calculate Angels' usage, then the City shall cause the overbilling or estimate to be correctly adjusted and the City will, at its option, within thirty (30) days after the City's receipt of such reconciliation remit or credit to Angels the total sums of the overbilling. ARTICLE 44. INDEMNIFICATION OF THE CITY AND INSURANCE. 44.1 Angels shall indemnify and hold harmless the City, its officers, and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Angels and other persons employed or utilized by Angels in the construction of the Project and the operation and maintenance of the Facility. Required Insurance. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, general aggregate,personal advertising injury combined single limit for Bodily Injury Liability and Property Damage Liability shall include: • Premises and/or Operations on an occurrence basis. • Independent Contractors. • Explosion,Collapse, and Underground Coverages. • Broad Form Property Damage. • Broad Form Contractural Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employees and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. {00544581.12346-8905631} Page 28 of 45 Page 737 of 768 Business Automobile Liability with minimum limits of One Million Dollars($1,00,000.00)per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and shall include: Owned vehicles. Non owned and hired vehicles 44.2 Notice of Cancellation, Expiration, and/or Restriction: The policy(ies) shall be endorsed to provide the City with thirty (30) calendar days' advanced written notice of cancellation, expiration, and/or restriction to the attention of the Project Manager, c/o Risk Management, City of Boynton Beach, 100 East Ocean Avenue, Boynton Beach, FL 33435. 44.3 Angels shall furnish to the Project Manager Certificate(s) of Insurance evidencing the insurance coverages required herein prior to commencement of any work on this Project. Such certificatc(s)shall reference this Agreement. The City reserves the right to require a certified copy of such policies upon request. All certificates shall state that the City shall be given thirty(30) calendar days'prior written notice of cancellation and/or expiration. 44.4 The official title of the City is "City of Boynton Beach." This official title shall be used in all insurance or other legal documentation. The City shall be included as "Additional Insured" with respect to General Liability arising out of operations performed for the City by or on behalf of Angels or acts or omissions of Angels in connection with such operation. ARTICLE 45. ENVIRONMENTAL MATTERS. City represents and warrants to Angels that,to the best of the City's knowledge,(i)the Property is in full compliance with all Environmental Laws; (ii) there has been no discharge of Hazardous Materials at the Property; (iii)there are no underground storage tanks, septic tanks, potable water well or septic fields in, on, at, under, or about. the Property; and (iv) no claim, action, suit, or proceeding is pending or threatened against the City or any third party arising directly or indirectly out of the discharge of Hazardous Materials at the Property, or the presence of underground storage tanks beneath the Property. Simultaneously with the execution of this Lease, City shall deliver to Angels all environmental reports concerning the Property in City's possession. Further, the City agrees to indemnify, defend, and hold Angels harmless from any claims,judgments,damages(including,without limitation,natural resource damages), fines, penalties, costs, liabilities, and/or losses, including, without limitation, reasonable attorney's fees, reasonable consultants fees, and reasonable expert fees that arise during or after the term of this Lease by reason of the presence of Hazardous Materials in the {00544581.12306-9905631} Page 29 of 45 Page 738 of 768 soil, groundwater, soil vapor, or other environmental media at, on, under, to or from the Property based on or in connection with events occurring or conditions arising or accruing(a) prior to the Commencement Date or (b) during the terra of this Lease that are not caused or introduced by Angels,its assignees,subtenants or licensees, clients, or the employees or agents of any of them. "Environmental Laws"means any and all federal,state,local,and foreign statutes,laws,codes, rules,regulations,ordinances,environmental permits,guidelines,standards,and directives and all applicable agreements and judicial and administrative orders and decrees pertaining to health,safety, or the environment, and all common law providing for any right or remedy with respect to environmental matters, each as currently in effect or hereinafter amended, adopted, promulgated, or enacted. "Hazardous Materials" means any and all materials, pollutants, contaminants, wastes, chemicals, or substances listed, defined, designated, classified, or considered or regulated as dangerous, special, hazardous,toxic, or radioactive, or any terms of similar import,under any applicable Environmental Laws, including petroleum and any derivation or by-product thereof, asbestos and asbestos- containing materials, lead-based paint, PCBs, and perchlorethylene or related or similar dry cleaning. ARTICLE 46. REPRESENTATION AND WARRANTIES OF THE CITY. The City hereby represents and warrants to Angels that(i) the City has full power and authority to enter into this Agreement; (ii)the City is the sole fee owner of the Property; (iii)to the City's knowledge, the Property complies with all environmental laws and regulations, and all other federal, state, and local rules, regulations, laws, statutes, and ordinances; (iv) the City has obtained all required consents and approvals in order to enter into this Lease (including from all Major Title Document Holders, as hereinafter defined); The City shall have an affirmative obligation to immediately provide Angels with written notice in the event of any change with regard to the representations set forth above. ARTICLE 47. QUIET ENJOYMENT. The City agrees that Angels shall and may peaceably and quietly have, hold, and enjoy the Facility during the Term, subject to the covenants and conditions of this Ground Lease. [This Space is Intentionally Blank] (00544581.12 a06-9905631} Page 30 of 45 Page 739 of 768 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand this Agreement and all Contract Documents and attachments hereto and have caused this Agreement to be executed by their duly authorized officers on the date hereinabove first written. CITY OF BOYNTON BEACH, a Florida municipal corporation MAYOR TY PENSERGA Signed, sealed and delivered in the presence of- (Witness signature) (Print name of Witness) (Witness signature) (Print name of Witness) APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE STATE OF FLORIDA COUNTY OF PALM BEACH [4054458112306-9305631) Page 31 of 45 Page 740 of 768 I HEREBY CERTIFY,that on ,before me by means of online notarization, or physical presence, an officer duly authorized in the State and County aforesaid to tape acknowledgments, personally appeared as Ty Penserga,Mayor,of the City of Boynton Beach on behalf of the City, and said person(s)either �} produced the following as identification , or ( ) are personally known to me. WITNESS my hand and official seal in the County and State as listed above,this day of 52023. Notary Public Signature Print Narne of Notary Public My Commission Expires: [Seal] ANGELS: Print Name: r;� r Title: ; STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY, that on O. d 2 1 C before me by means of online notarization,or physical presence,an officer duly authorized in the State and County aforesaid to tape acknowledgments, t 6t 0 'Se , personally appeared as t sand said person(s) either(_)produced the following as identification Tho�i € a ' , , or L_) are personally known to ;me. WITNESS my hand and official seal ' e ounty � e as listed above,this l�day of , 2023. St.. Notary Public Signature Af� of . .`',Q'C�O;�AR'yrF�O.#. Print Name of Notary` ublic My Commission Expires: JIM, Comm. Dec,16,2024 [Seal] • ti"69411 s � {00544581.12 306-8905631} Page 32 of 45 Page 741 of 768 EXHIBIT "At' PROPERTY Ptd iy 3`�. c.l - 'il-3E'tt7►ili➢.L`� ?:(' 00. :E rami ru= } 'Y J � r 'r I l 1 T�9TM -- n F �EIs i 1 � SIS Al �x £; 4 (005445(51.12306-9905631) Page 33 of 45 Page 742 of 768 EXHIBIT "B" CONTRACTOR REQUIREMENTS 1. GENERAL QUALITY OF WORK. a. Articles,materials,and equipment specified or shown on drawings shall be new and shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper forming, as per the manufacturer's directions, and as approved by the Project Manager. The Contractor shall, if required, furnish satisfactory evidence as to kind and quality of the materials. b. The Contractor shall apply, install, connect, and erect manufactured items or materials according to the recommendations of the manufacturer when such recommendations are not in conflict with the Contract Documents. The Contractor shall furnish copies of the manufacturer's recommendations to the Project Manager before proceeding with the work. C. The Contractor shall at all times enforce strict discipline and good order among its employees, consultants, and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work assigned to him or her. d. The Contractor shall maintain suitable and sufficient guards and barriers, and at night suitable and sufficient lighting for the prevention of accidents and thefts. 2. CHECK DRAWINGS AND DATA a. The Contractor shall take measurements and verify all dimensions, conditions, quantities and details shown on the drawings,schedules,or other data,and shall notify the Project Manager of all errors,omissions,conflicts,and discrepancies found therein. Failure to discover or correct errors,conflicts, or discrepancies shall not relieve the Contractor of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at the Contractor's own expense. The Contractor will not be allowed to take advantage of any error or omission. 3. WARRANTY The Contractor shall warrant to the City and Angels that all materials and equipment furnished for the Project shall be new, unless otherwise specified, and that all work for the construction of the Project shall be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work for the Project not conforming to these requirements,including substitutions not properly approved (00544561.12 306-9905631} Page 34 of 45 Page 743 of 768 and authorized, may be considered defective. If required by the Project Manager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 4. DELIVERY AND STORAGE OF MATERIALS. a. Material stored on the job site shall be verified as to quantity and condition by the Contractor, prior to acceptance. Safeguarding the material shall be the responsibility of the Contractor. Any materials that are lost, stolen, damaged, or otherwise deemed unacceptable by the Project Manager shall be replaced at no cost to the City. b. Materials stored off the job site shall be stored in a bonded warehouse. Safeguarding the material shall be the responsibility of the Contractor. 5. DEFECTIVE WORK. a. The Project Manager shall have the authority to reject or disapprove work for the Project that the Project Manager finds to be defective. If required by the Project Manager, the Contractor shall promptly, as directed, correct all defective work or remove it from the construction site and replace it with nondefective work. 6. CONSTRUCTION AREA a. The Contractor shall use areas approved by the City for deliveries and personnel. Contract limits of construction area shall be indicated on the drawings. Equipment, material, and personnel shall be in conformance with this Contract. b. To provide for maximum safety and security, the Contractor shall erect and maintain all necessary barricades and any other temporary walls and structures, and boarding, as required, to protect life and property during the period of construction. 7. LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS. a. The Contractor shall conform to all applicable laws,regulations,or ordinances with regard to labor employed, hours of work, and its contractor's general operations. The Contractor shall also conduct its operations so as not to close any thoroughfare nor interfere in any way with traffic on highways without the written consent of the proper authorities. 8. DAMAGE TO EXISTING FACILITIES,EQUIPMENT,OR UTILITIES. {00544501.12306-9905631} Page 35 of 45 Page 744 of 768 a. Existing utilities have been identified insofar as information is reasonably available, however, it will be the Contractor's responsibility to verify such information and to preserve all existing utilities whether shown on the drawings or not. If utility conflicts are encountered by the Contractor during construction, the Contractor shall give sufficient notice to the owners of the utilities so that they may make the necessary adjustments. b. The Contractor shall exercise care and take all precautions during construction operations to prevent damage to any existing facilities, equipment, or utilities. Any damage caused by the Contractor shall be reported immediately to the Project Manager, and such work shall be repaired and/or replaced by the Contractor in a manner approved by the City. All costs to repair and/or replace any damage to existing facilities, equipment, or utilities shall be the sole responsibility of the Contractor, and such repair or replacement shall be performed expeditiously without cost to the City. C. The Contractor shall provide the type of required protection for finished work at all times and protect adjacent work during cleaning operations and make good any damage resulting from neglect of this precaution. d. Protection of work shall include protecting work that is factory finished during transportation, storage, and during and after installation. Where applicable and as required, the Contractor shall close off areas where certain work has been completed to protect it from any damages caused by others during their operations. C. The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the construction of the Project until the final acceptance of the structure. If any materials or part of the work should be lost, damaged, or destroyed by any cause or means whatsoever,the Contractor shall satisfactorily repair and replace the same at its own cost. The Contractor shall maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient lighting for the prevention of accidents. f. To all applicable Sections where preparatory work is part of work thereon,the Contractor shall carefully examine surfaces over which its finished work is to be installed, laid, or applied before commencing with the work. The Contractor shall not proceed with said work until defective surfaces on which work is to be applied are corrected satisfactorily to the Project Manager's satisfaction. Commencement of work shall be considered acceptance of surfaces and conditions. 9. CONTINUATION OF WORD. The Contractor shall carry on construction and adhere to the progress schedule (005445(51.12306-9905631} Page 36 of 45 Page 745 of 768 during all disputes or disagreements between Angels and the City. No work shall be delayed or postponed pending resolution of any disputes or disagreements. 10. SHOP DRAWINGS. a. The Contractor shall submit Shop Drawings for all equipment, apparatus, machinery, piping, wiring, fabricated structures, and manufactured articles. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with the Contract Documents. b. The Contractor shall submit to the Project Manager a complete list of preliminary data on items for which the Shop Drawings are to be submitted. Approval of this list by the Project Manager shall in no way relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of the Shop Drawings. C. After the approval of the list of items required in S(b) above, the Contractor shall promptly request the Shop Drawings from the various manufacturers and suppliers. d. The Contractor shall thoroughly review and check the Shop Drawings,and each and every copy shall show its approval thereon. e. If the Shop Drawings show or indicate departures from the Contract requirements, the Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve the Contractor from its responsibility to comply with the Contract Documents. f. No work called for by the Shop Drawings shall be done until the Drawings have been approved by the Project Manager. Approval shall not relieve the Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. g. No approval will be given to partial submittal of the Shop Drawings for items that interconnect and/or are interdependent. It is the Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them, and then make one (1) submittal to the Project Manager along with the Contractor's comments as to compliance, noncompliance, or features requiring special attention. h. If catalog sheets or prints of the manufacturers'standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. {00544581,12306-9905631 Page 37 of 45 Page 746 of 768 i. The Contractor shall submit to the Project Manager the number of copies required by the Project Manager. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. j. The Project Manager's approval of the Shop Drawings will be general and shall not relieve the Contractor of responsibility for the accuracy of such Drawings, nor for the proper fittings and construction of the work, nor for the furnishing of the materials or work required by the Contract and not indicated on the Drawings. No work called for by the Shop Drawings shall be done until the Drawings have been approved by the Project Manager. Approval shall not relieve the Contractor from responsibility for eifors or omissions of any sort on the Shop Drawings. k. The Contractor shall beep one(1)set of the Shop Drawings marked with the Project Manager's approval at the construction site at all times. 11. FIELD LAYOUT OF THE WORD AND RECORD DRAWINGS. a. The entire responsibility for establishing and maintaining a line and grade in the field lies with the Contractor. The Contractor shall maintain an accurate and precise record of the location and elevation of all pipelines, conduits, structures,manholes,handholds,fittings,and the like and shall deliver these retards in good order to the Project Manager as the work is completed. These records shall serve as a basis for record drawings. The cost of all such field layout and recording work shall be paid by Angels. 12. SAFETY AND PROTECTION. a. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the construction of the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: i. All employees on the construction site and other persons who maybe affected thereby; (1) All the work and all materials or equipment to be incorporated therein, whether in storage on or off the construction site; and (2) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. {00544581.12306-9905531} Page 38 of 45 Page 747 of 768 ii. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss, and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injuty, or loss to any property referred to in herein, caused directly or indirectly, in whole or in part, by the Contractor, any subcontractors or consultant, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor's duties and responsibilities for the safety and protection of the construction site shall continue until the construction of the Project are completed,and the Project Manager has issued a notice to the Contractor that the Project is acceptable, except as otherwise provided herein, Use of Completed Portions. iii. The Contractor shall designate a responsible member of its organization at the Project site whose duty shall be the prevention of accidents. This person shall be the Contractor's Designated Representative unless otherwise designated in writing by Contractor to the City. 13. CLEANING UP AND REMOVAL OF EQUIPMENT. a. The Contractor shall at all times keep the construction site fi-ee from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of the construction, the Contractor shall remove all its waste materials and rubbish fi-om and about the site, as well as its tools, construction equipment, machinery, and surplus materials. If the Contractor fails to clean up at the completion of the construction, the City may do so, and the cost thereof shall be charged to the Contractor. 14. BONDS, INDEMNIFICATION,AND INSURANCE. Prior to commencement of any work on the construction of the Project, the Contractor shall furnish a Performance and Payment Guaranty consisting of either: a. Performance and Payment Bond(Surety) i. A Performance and Payment Bond (separate Performance Bond and separate Payment Bond) of the form and containing all the provisions of the Performance and Payment Bond (Performance Bond and Payment Bond forms), attached hereto and made a part hereof. {00544591.12346-9905fi31] Page 39 of 45 Page 748 of 768 ii. The Bonds shall be in the amount of one hundred ten percent (110%) of the Contract amount guaranteeing to the City the completion and performance of the Project covered in this Agreement, as well as full payment of all suppliers, materialmen, laborers, or subcontractors employed pursuant to the construction of the Project. Such Bonds shall be with a surety company that is qualified pursuant to Section c. Qualifications of Surety below. iii. Such Bonds shall be in effect for one (1) year after completion and acceptance of the Project with liability equal to one hundred ten percent (110%) of the Contract price, or an additional Bond shall be conditioned that the Contractor shall, upon notification by the City, correct any defective or faulty work or materials that appear within one (1) year after completion of the construction. iv. The Payment and Performance Bond required herein shall be in conformance with Chapter 255.051, Florida Statutes, and shall be on such forms provided by the City. V. The City shall not be responsible for the cost to secure the Performance and Payment Bonds required for the construction of the Project. b. Performance and Payment Guaranty. In lieu of a Performance and Payment Bond, the Contractor may furnish an alternate form of security that may be in the form of cash, money order, certified check, cashier's check, or irrevocable letter of credit. Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one (1) year after completion and acceptance of the Project. C. Qualifications of Surety i. A Performance Bond and separate Payment Bond shall be executed by a surety company shown on the United States Treasury approved list of companies and also authorized to do business in the State of Florida. Both Bonds shall show the City as obligee. ii. The surety company shall have at least the following minimum ratings in the latest version of AM. Best's Insurance Report: Amount of Bond Policyholder's Best's Financial Ratings Size Category 500,001 to 1,000,000 B+ Class 1 {00544581.12306-9905691} Page 40 of 45 Page 749 of 768 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class Ill 5,000,001 to 10,000,000 A Class IV 10,000,001 to A Class V 25,000,000 25,000,001 to A Class VI 50,000,000 50,000,001 or more A Class VII iii. Indemnification of the City (1) The Contractor shall indemnify and hold harmless the City, its officers,and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the design and construction of the Project. The indemnification herein is limited to the greater of the Insurance of the Contractor for such claim or Five Million Dollars ($5,000,000.00),whichever is greater. Regardless of the foregoing, this provision shall be limited by Chapter 725.06, Florida Statutes. (2) The indemnification provided above shall obligate the Contractor to defend at its own expense to and through appellate, supplemental, or bankruptcy proceeding, or to provide for such defense, at the City Attorney's option, any and all claims of liability and all suits and actions of every name and description that may be brought against the City that may result from the operations and activities under this Agreement, whether performed by the Contractor, its subcontractors, its consultants, or by anyone directly or indirectly employed by any of the above. (3) The execution of this Agreement by the Contractor shall obligate the Contractor to comply with the foregoing inderrrnification provision; however, the collateral obligation of insuring this indemnity shall be complied with as set forth herein. d. Insurance The Contractor shall provide,pay for,and maintain in force at all times such insurance, including Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance, and shall provide, pay for, and maintain in force at all tunes during the construction of the Projects, Professional Liability Insurance to assure to the City the protection contained in the foregoing indemnification and save harmless clauses undertaken by the Contractor. The Comprehensive General Liability Policy shall clearly identify the foregoing indemnification and save harmless clauses by the additional named insured {00544561.12306-9905631 1 Page 41 of 45 Page 750 of 768 endorsement under this Article. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and have a resident agent licensed in Florida. The Contractor shall specifically protect the City by naming the City as an additional named insured under the Comprehensive General Liability Insurance Policy hereinafter described. i. Professional Liability(Errors and Omissions), Intentionally Omitted. ii. Workers'Compensation Insurance. to apply for all employees in compliance with the"Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) shall include Employer's Liability with limits of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) each disease, and One Million Dollars ($1,000,000.00) aggregate by disease. iii. Co=rehensive General Liabilitx with minimum limits of One Million Dollars ($1,000,000.00)per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall include: (1) Premises and/or Operations on an occurrence basis. (2) Independent Contractors. (3) Products and/or Completed Operations Liability on an occurrence basis. (4) Explosion,Collapse,and Underground Coverages. (5) Broad Foran Property Damage. (b) Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. (7) Personal Injury Coverage with Employees and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. iv. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and shall include: Owned vehicles. Non-owned and hired vehicles. V. Builder's Risk Insurance - Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value of the structure(s), building(s) or addition(s). Where contract calls for install of machinery or equipment, the policy must be endorsed to provide coverage on "All Risk" basis during transit and installation. The policy must be issued with a deductible of not more than$50,000 per claire. {00544581.12306-9905631 1 Page 42 of 45 Page 751 of 768 Builders Risk/ Tnstallation Floater - The Contractor shall take out and maintain, as applicable,during the construction of the Project, "all risk"type builders risk insurance satisfactory to the City for the completed value of the Project that shall protect the Contractor and the City as their interests may appear, for the following hazards to the work, encompassing structures in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said structures, as well as materials and equipment suitably stored at the site and the Contractor's construction equipment, materials, and temporary structures: (1) Fire and lightning,vandalism, and malicious mischief, (2) Extended coverage including windstorm, hail, flood, explosion, riot, civil commotion, aircraft, vehicle, and smoke damage. e. Notice of Cancellation, Expiration, and/or Restriction: The policy(ies) shall be endorsed to provide the City with thirty(30)calendar days' advanced written notice of cancellation,expiration,and/or restriction to the attention of the Project Manager, c/o Risk Management Coordinator, City of Boynton Beach, 100 East Ocean Avenue, Boynton Beach,FL 33435. f. The Contractor shall furnish to the Project Manager Certificate(s) of Insurance evidencing the insurance coverages required herein prior to commencement of any work on this Project. Such certificate(s) shall reference this Agreement. The City reserves the right to require a certified copy of such policies upon request. All certificates shall state that the City shall be given thirty (30) calendar days' prior written notice of cancellation and/or expiration. g. The official title of the City is "City of Boynton Beach" This official title shall be used in all insurance or other legal documentation. The City shall be included as "Additional Insured" with respect to liability arising out of operations performed for the City by or on behalf of the Contractor or acts or omissions of the Contractor in connection with such operation. {00544581.12306-9905631) Page 43 of 45 Page 752 of 768 ®-` CITY OF BOYNTON BEACH RECREATION Y if.v:��vlrr; zit &PARKS DEPARTMENT �� 6e Haynta�`Bepch� E-WIB 1 "/"i" Background Screening Acknowledgement This Exhibit "C" is attached to and shall be considered as part of the Agreement between the CITY and Angels. The Angels through the undersigned named below, hereby attests that Angels understands and agrees to comply with the Level lI background screening requirements more particularly described in Section 435.04,Florida Statutes.Angels acknowledges and agrees no person other than those whore have successfully passed all aspects of the Florida Department of Law Enforcement Level II background screening process within the previous five (5) years shall be permitted to act on behalf of or in any offrcial capacity with Angels for Programming at the Little League Park and/or any City Owned Facility during the term of Agreement.Angels acknowledges and agrees that it is responsible for ensuring all instructors,teachers,staff,volunteers and agents of Angels successfully complete and pass the Level II background screening in advance of all authorized activities.CITY shall not be responsible for the costs associated with the Level II background screening required herein. Angels agrees to indemnify CITY against any claims or cause of action arising from or related to Angels's failure to ensure all individuals acting on behalf of or in any official capacity with Angels have completed and passed the required Level II background screening as required herein. Signature Date Name(Print) Phone Number Email STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of [j physical presence or [] online notarization this d ay of 20, by as for Primetime Sports Group,LLC. (NOTARY SEAL) (Signature of Notary Public-State of Florida) (Name of Notary Typed,Printed,or Stamped) Personally,Known OR Produced Identification Type of Identification Produced {00544581.12306-9305631] Page 44 of 45 Page 753 of 768 EXHIBIT ►►D►► EAST BOYNTON BEACH LITTLE LEAGUE MASTER PLAN - SM,3RD STREET iv p i E ' � M i 8 { tz f J f Fr s- u i � I i � 1 L, ) p j4 5 . p UTTLE LEAGUE ROAD All Note: Plan may change as needed, during site plan process. {00544581.12 306-99066311 Page 45 of 45 Page 754 of 768 3. � � U)�Jo o �s3eov r IF vM a I� w e x a z w r U) a� 3� Z U J(9 Y tawi a W p Q - w �. 0 Lu Lu 0 f ;ik -iry lo Q LL mmJJd m o . . u 0 a O m — ---- -. - a - ------ ---- �rJ xI ' _-_-_- -- -- - OVO?J 3f1 -- ---------- ------ - & m Na w � I I = 1 y=o .w yo r, cl m li a�I�oIN� � i II a Om r' E; W rr*r m � I � ,F,W ,F,W I B I W - - �o w �Io O - - - I az m Hp �\ II I off/ w� � rilI J�m cl of a W 0 o0 ------------ D BEa YFe' J III W i t � 1 � I pcr �� z 1t� ryry w m _ ii u. IU1Y4111 1� 11(}s>t �Ka Or s � ? �1�� li opo No,l , 1 % - ,�'1 � �1� 1\11 I w LU I � D ,n - a LU I fs �, ti I — — — — OAfQ 00 -- ------- 1332J1S0?J£M5 �� U� r s�ptr t — m —: _ — — i' I {� 5� ss (�,; � �� is Il to _£ s i�� - '� _ ,� = sil{♦t}� a�3"� _ s� t s F 3 fit A t3+n wy r — �h s Ott �4 t Ott tr`� ; �(41+. s 4 _ y v= � t a l t � fly �F � r t� 1, NISill fm7 { t s 4, t(y7loon, d 12.A. Legal 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Pursuant to Section 286.011(8), Florida Statutes, request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Natalie Flake, Plaintiff, vs. City of Boynton Beach, Defendant — Palm Beach County Circuit Court Case Number: 50-2021-CA-006932-XXXX-MB Explanation of Request: In attendance will be the Mayor and City Commission, City Manager Daniel Dugger, City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Christopher Stearns, and a Court Reporter. How will this affect city programs or services? This will not affect the City Programs or Services. Fiscal Impact: The cost of a court reporter, which is budgeted. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 757 of 768 13.A. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Review Advisory Board Ordinance, requested by Commissioner Kelley. - April 18, 2023 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 758 of 768 13.B. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Red Light Camera Update Presentation, requested by Commissioner Hay- April 18, 2023 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 759 of 768 13.C. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Consider revised local rules for approval. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 760 of 768 13.D. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 761 of 768 13.E. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 762 of 768 13.F. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 763 of 768 13.G. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 764 of 768 13.H. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 765 of 768 13.1. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 766 of 768 13.J. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 767 of 768 13.K. Future Agenda Items 4/4/2023 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/4/2023 Requested Action by Commission: Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 768 of 768