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Agenda 05-16-23The City of Boynton Beach City Commission Agenda Tuesday, May 16, 2023, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Thomas Turkin, Vice Mayor (District III) Angela Cruz, Commissioner (District 1) Woodrow L Hay, Commissioner (District 11) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. M x'M�"'f�� wY✓i�+m''"�f r:�"'��r,.�+"top '��a'w"�� del, // www.boynton-beach.org 1 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 disrupts 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. 2 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: 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 Maylee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Commissioner Hay. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other Information Items by members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. Proclamation of Haitian Flag Day and Haitian Heritage Month. Acknowledge and honor the Haitian residents of Boynton Beach by proclaiming Haitian Flag Day and Haitian Heritage Month. The proclamation will be accepted by Dayana Rios, from Plumosa School of the Arts. B. Announce Spinning for Safety Bicycle Safety Event. In recognition of Bicycle Safety Month, the Recreation and Parks Department is partnering with the Boynton Beach Police Department to host Spinning for Safety on 3 Saturday, May 20th, starting at 9:00 AM at the Ezell Hester Jr. Community Center at 1901 N. Seacrest Blvd. This event is free and open to the public. C. Announce the Flag Placing Ceremony and the Memorial Day Veterans Ceremony. The Boynton Beach Veterans Task Force will host a Flag Placing Ceremony on Friday, May 26, 2023 at 8:00 A.M. at the Boynton Beach Memorial Park at 1611 S. Seacrest Blvd. The Task Force will be placing flags at the graves of all veterans currently laid to rest at the park. Volunteers are welcome to assist with flag placements. The Memorial Day Veterans Ceremony is scheduled for Sunday, May 28, 2023 at 2:00 P.M. at Boynton Beach Memorial Park located at 1611 S. Seacrest Blvd. This event is hosted by the Boynton Beach Veterans Task Force and the City of Boynton Beach and is free and open to the public. D. Presentation - 2023 Florida Legislative Session Updates. Legislative update by Florida Senator Lori Berman, District 26, and Florida House Representative Joseph Casello, District 90. E. Presentation - Senior Advisory Board Annual Report. Boynton Beach Senior Advisory Board to provide annual board report to the City Commission. 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 6. Consent Agenda A. Proposed Resolution No. R23-054- Nuisance Abatement Lien Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Sole source purchase of Yokogawa meters and meter components from Classic Controls, Inc. Authorize spending for the amount of $96,800 with Classic Controls, Inc. as the sole source supplier of Yokogawa meters and meter components for Water Treatment Plants and Water Wells. C. Proposed Resolution No. R23-055- Interlocal Agreement between Palm Beach County First Responders related "PSAP" (9-1-1 public safety answering point). Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement between Palm Beach County First Responders related "PSAP" (9-1-1 public safety answering point). D. Proposed Resolution No. R23-056- Boynton Beach Fire and Police Dock Phase 2. Approve and authorize the Mayor to sign the resolution with Florida Inland Navigation District Waterways Assistance Program for Phase 2 of the Boynton Beach Fire and Police Dock. 4 E. Task Order No. CRSUTL-01-2023 for Community Rating System 2023 Annual Recertification. Approve Task Order No. CRSUTL-01-2023 with Lori Lehr, Inc. in the amount of $78,500.00 in accordance with RFQ No. UTL23-001, Community Rating System (CRS) and Climate Resilience Planning Professional Support Services awarded by City Commission on May 2, 2023 for tasks associated with the Community Rating System 2023 yearly recertification. F. Proposed Resolution No. R23-057- Award RFP No. EV23-023 - Fireworks Displays. Approve and authorize the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. EV23-023 for the Fourth of July Fireworks displays for 2023 and 2024, with an additional three (3) one-year options to renew. G. Proposed Resolution No. R23-058- Police Department Security Agreement with The School Board of Palm Beach County Approve and authorize the proper City officials to sign a security agreement and Addendum concerning "Student Information", between The School Board of Palm Beach County and the City of Boynton Beach. The agreement provides Boynton Beach Police Officers at designated schools within the City of Boynton Beach while the School District works to hire additional full-time school Police Officers. H. Purchase of Variable Frequency Drives (VFDs) for the East Water Treatment Plant. Approve the purchase of two (2) variable frequency drives (VFDs) from Graybar Electric, Inc. in the amount of $88,720.00 through OMNIA Partners/Insight Public Sector government pricing for the East Water Treatment Plant - High Service Pumps No. 5 & 6 Improvements project. Proposed Resolution No. R23-059- Interlocal Agreement with Palm Beach County for Joint Participation - Highview Road from Summit Road to Overlook Road. Approve and authorize the Mayor and City Manager to sign an Interlocal Agreement for Joint Participation with Palm Beach County for the relocation of utilities and the construction of utility adjustments on Highview Road from Summit Road to Overlook Road in the amount of $82,281.25, which includes a 25% contingency. J. Proposed Resolution No. R23-060- General Consulting Services - Amendment and Extension. Approve and Authorize the City Manager to execute Amendments with the Eleven (11) Consultants as a result of RFQ No. 046-2821-17/TP for General Consulting Services, and approve an extension of no more than 180 days with each Consultant or until new RFQ is executed whichever is less. K. Proposed Resolution No. R23-061- Land Use Agreement - Journey Church Parking Lot (July 4, 2023). Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event on Tuesday, July 4, 2023. L. Proposed Resolution No. R23-062- Land Use Agreement - 3301 Quantum Parking Lot (July 4, 2023). Approve and authorize the Mayor to sign a land use agreement between the City of 5 Boynton Beach and 3301 Quantum Owner LLC for the 4th of July event on Tuesday, July 4, 2023. M. Rankings for RFQ No. UTL23-007 for Town of Hypoluxo Septic to Sewer - Progressive Design Build (PDB) - Grant Funded. Approve the rankings as recommended by the Selection Committee and authorize City staff to conduct negotiations with Foster Marine Contractors, the recommended top ranked proposer in response to the Request for Qualifications (RFQ) No. UTL23- 007 for Town of Hypoluxo Septic to Sewer - Progressive Design Build (PDB) - Grant Funded. At the completion of negotiations, the contract will be brought back to the Commission for approval. N. Sole source purchase of Polyphosphate Corrosion Inhibitor from American Water Chemicals, Inc. Authorize spending for the amount of $79,000 with American Water Chemicals, Inc. as the sole source supplier of AWC A-782 Polyphosphate Corrosion -Inhibitor for Water Treatment Plants. O. Single source purchase of Antiscalant for nanofiltration water treatment from American Water Chemicals, Inc. Authorize spending for the amount of $66,000 with American Water Chemicals, Inc. as the single source supplier of AWC A -102 -Plus Antiscalant for the West Water Treatment Plant. P. Proposed Resolution No. R23-065- Collective Bargaining Agreement between the City and SEIU Florida Public Services Union, CTW, CLC, and Blue Collar Bargaining Unit. The City Manager recommends approval for Commission to ratify SEIU Collective Bargaining Agreement for May 1, 2023 through April 30, 2026. Q. Proposed Resolution No. R23-066- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Mancave for Men Boynton Beach LLC. Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Mancave for Men Boynton Beach LLC. R. Drive Safe Boynton Approve six (6) Drive Safe Boynton installations with Atlantic Southern Paving in the amount of $80,153.30, in accordance with the Asphalt and Sidewalk Rehabilitation Contract Bid No. PWE22-008, awarded by Commission on April 5, 2022, to provide permanent speed humps and pavement markings. S. Purchases for over $10,000 for April 2023. Accept written report to the Commission for purchases over $10,000 for the month of April 2023. T. Commission Meeting Minutes. Approve minutes from the April 18, 2023 City Commission Meeting. 7. Consent Bids and Purchases over $100,000 6 A. Proposed Resolution No. R23-063- Operational purchase of NAPA for vehicle/equipment parts. Approve and authorize the City Manager to sign the agreement for the operational purchase of a source of supply for certain auto, truck, and bus parts by Genuine Parts Company, in accordance with the terms & conditions set forth in the Sourcewell and NAPA Contract No. 110520 -GPC, in the amount of $892,588 with an annual expenditure of $1,200,000 for the length of the contract. The Sourcewell Contract satisfies the City's Procurement requirements. B. Verizon Connect Telematics System for City Vehicles. Approve an annual blanket purchase order with Verizon Connect for telematics on City vehicles, piggybacking the State of Florida Department of Management Services Contract #DMA -19/20-006C for the length of contract term which expires on August 23, 2026, with an estimated annual expenditure of $225,000. C. Approve a purchase order for the Boynton Beach Blvd. 20 -inch Sanitary Sewer Project Cured -In -Place Pipe Lining. Requesting Commission to approve expenditure with Granite Inliner, LLC as the lowest pre -qualified bidder as determined by review of bids submitted on April 7, 2023 for the Boynton Beach Blvd. 20 -inch Sanitary Sewer Project in response to the Request for Bids for Cured -in -Place Pipe Lining, (Bid No. ITB 01-CIPP2-23) in the amount of $699,780.00 plus a 10% contingency of $69,978.00 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $769,758.00 based on unit costs provided by Granite Inliner, LLC. D. Purchase Order for 8 -inch Sanitary Sewer Repair. Approve a Confirming Purchase Order for $297,352.00 issued to Johnson -Davis Inc., for the emergency repair of an 8 -inch gravity sewer main. E. Resurfacing and Traffic Calming on North Railroad Ave, NE 11th, 12th, and 13th Avenues. Approve Task Order 158 with Atlantic Southern Paving in the amount of $337,382.70 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) Bid No PWE22-008, awarded by Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to NE 11th Ave, NE 12th Ave, NE 13th Ave and N Railroad Ave between Seacrest Blvd and the FEC Railroad. F. Proposed Resolution No. R23-064- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. Approving and authorizing the proper City officials to execute an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. G. Piggyback of Buyboard Contract with Boundtree Medical for the City's medical supplies. 7 Approve piggyback of Buyboard Contract 704-23 with Boundtree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $150,000. The Buyboard procurement process satisfies the City's competitive bid requirements. H. Task Order UT -3E-07 for West Architecture + Design, LLC to complete design for the Utilities Administration building renovations at 124 East Woolbright Road. Approve Task Order UT -3E-07 for West Architecture + Design, LLC to provide Architectural and Engineering (Structural and MEP) services to renovate the existing Utilities Administration Building, 124 E. Woolbright Road in the amount of $130,290.00. 8. Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report 10. Unfinished Business A. Continue discussion & selection of Ukraine Sister City. Tabled from the April 18, 2023 City Commission Meeting. 11. New Business A. Discussion regarding Ordinance for giving preference to local businesses. Discussion requested by Commissioner Cruz. B. Discussion Regarding Minimum Unit Size. Staff has completed a preliminary review of near -by municipality regulations as they relate to minimum unit sizes for multifamily and mixed-use projects, requested by Commissioner Cruz. 12. Legal A. Proposed Ordinance No. 23-009- First Reading- Towing Services Administrative Charge. Amending Chapter 14 "Motor Vehicles and Traffic" by creation of Section 14-5.1. Title "Towing Services Administrative Charge." B. Proposed Ordinance No. 23-010- First Reading- Historical Designation of 413 NE 12th Avenue. Approve the request from Dr. Martha Light Meeks, the property owner for the designation of 413 NE 12th Avenue, and the addition of the c.1941 Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. 0 13. Future Agenda Items A. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023. -TBD City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. B. Discussion for Ordinance regarding tints for paraphernalia shops. -TBD Discussion requested by Vice Mayor Turkin. C. Discussion regarding future cemetery lots in Boynton Beach. -TBD Discussion requested by Commissioner Hay. D. Discuss and review Advisory Board Ordinance changes- first reading. -TBD Discussion requested by Commissioner Kelley. E. Consider revised local rules for approval. -TBD Discussion requested by Mayor Penserga. F. Discussion regarding downtown parking master plan. -TBD Discussion requested by Mayor Penserga. G. Discussion regarding changing minimum requirements for traffic studies.- TBD Discussion requested by Vice Mayor Turkin. H. Discussion regarding bringing more jobs to the City at former ToysRUS.- TBD Discussion requested by Vice Mayor Turkin. Discussion regarding housing for the homeless in the City.- TBD Discussion requested by Commissioner Hay. 14. Adjournment Notice If a person 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 of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) 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 Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 0 Announcements, Community and Special Events And Presentations 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proclamation of Haitian Flag Day and Haitian Heritage Month. Requested Action by Commission: Acknowledge and honor the Haitian residents of Boynton Beach by proclaiming Haitian Flag Day and Haitian Heritage Month. The proclamation will be accepted by Dayana Rios, from Plumosa School of the Arts. Explanation of Request: On May 18 from 7:45 A.M. to 8:15 A.M., the Haitian community will gather to raise the Haitian Flag with the American and Florida flags at the City Hall Flag Plaza. On the evening of May 18 from 5:30 P.M. to 8:00 P.M., everyone is invited to the Arts & Cultural Center to see two exhibitions of artworks by Haitian artists and enjoy performances of musicians and dancers. How will this affect city programs or services? City staff is coordinating the events on May 18. Fiscal Impact: No City cost except for staff time. Attachments: Haitian_Flag_Day_Proclamation.pdf 10 Proclamation WHEREAS, the growth and prosperity of the City of Boynton Beach is due in part to an ethnic diversity that includes a substantial and rapidly increasing Haitian population; and WHEREAS, the Haitian population in South Florida joins together during the Month of May to commemorate their "Flag Day" and celebrate their historical and cultural indemnity; and WHEREAS, the City of Boynton Beach has a special relationship with Haiti through our sister city, Les Cayes ; and WHEREAS, it is appropriate to promote understanding of cultural diversity in our society in order to strengthen the self-esteem of our multicultural community. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 18th day of May, Two Thousand Twenty -Three as: HAITIAN FLAG DAY And the month of May as HAITIAN HERITAGE MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 16th day of May, Two Thousand Twenty -Three. Ty Penserga, Mayor ATTEST: Maylee De Jesus, MMC, City Clerk 11 M Announcements, Community and Special Events And Presentations 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Announce Spinning for Safety Bicycle Safety Event. Requested Action by Commission: In recognition of Bicycle Safety Month, the Recreation and Parks Department is partnering with the Boynton Beach Police Department to host Spinning for Safety on Saturday, May 20th, starting at 9:00 AM at the Ezell Hester Jr. Community Center at 1901 N. Seacrest Blvd. This event is free and open to the public. Explanation of Request: This free event is for children ages 6-12 to learn the rules of the road. Participants will have the opportunity to navigate five skills courses. Children should be accompanied by a parent/guardian and bring their own bikes to participate. Swag bags and bike helmets will be given out to each registered participant. There will be bike raffles by the Boynton Beach Police Biking Unit. There will be bike raffles by the Boynton Beach Police Biking Unit. On-site registration begins at 8:30 A.M. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: This is a budgeted annual event. Attachments: Spinning for safety (8.5 A— 5.5 in) .... 4 (1).png 12 3.0 Announcements, Community and Special Events And Presentations 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Announce the Flag Placing Ceremony and the Memorial Day Veterans Ceremony. Requested Action by Commission: The Boynton Beach Veterans Task Force will host a Flag Placing Ceremony on Friday, May 26, 2023 at 8:00 A.M. at the Boynton Beach Memorial Park at 1611 S. Seacrest Blvd. The Task Force will be placing flags at the graves of all veterans currently laid to rest at the park. Volunteers are welcome to assist with flag placements. The Memorial Day Veterans Ceremony is scheduled for Sunday, May 28, 2023 at 2:00 P.M. at Boynton Beach Memorial Park located at 1611 S. Seacrest Blvd. This event is hosted by the Boynton Beach Veterans Task Force and the City of Boynton Beach and is free and open to the public. Explanation of Request: How will this affect city programs or services? Support Services will be provided by the Recreation & Parks Department, Public Works, Marketing, and Events. Fiscal Impact: This is a budgeted annual event. 14 3.D Announcements, Community and Special Events And Presentations 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Presentation - 2023 Florida Legislative Session Updates. Requested Action by Commission: Legislative update by Florida Senator Lori Berman, District 26, and Florida House Representative Joseph Casello, District 90. Explanation of Request: N/A How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. 15 3.E Announcements, Community and Special Events And Presentations 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Presentation - Senior Advisory Board Annual Report. Requested Action by Commission: Boynton Beach Senior Advisory Board to provide annual board report to the City Commission. Explanation of Request: Boynton Beach City Commission has requested that Advisory Boards to provide an annual report. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: There is no fiscal impact on the budget for this item. Attachments: The Senior Advisory Board 2022-2023 Inaugural Report to Boynton Beach City Commission.pdf 16 4� S S v as S a S CS V S J ti T 21 W H H W W im CL Im ry 2 Q U= �U Z W OU F i >Q J J > LuW Q LL C) Z Z Z Q QQ Z J W 0 Q O F- LU J � Q Q � _ Z ,� U � N Q �Uz USF - LU Z �E QQU LU V Q Q 0� W LU rn T CD N 1� U Q kil G� wo* C".% O CL a 3 3 ,MAIN � a 3 ISE T- N N Q O U N N H J 0 u� O � � O E O O D O U <„ N O O ._ �•E Q O0. 3 O O O � O 4- O-•- > > 4� � Q � O � O 4) E O oo.po 4) O ui 4— cn J >E D p h ._ 4� O O O �. >0 >1 0 O Cl) N O O � � O O � O-•- � U 0 O O m E U 0 u� H kon Iq N Cl) Q fir 0 El CD Cl ij .J lu co cn j C) CD cr iz Lrl-� IIJ LO 0 C, 0 U) j CD > Iq N Cl) Q fir 0 El CD Cl ij co cn C) CD 0 0 U) 12 CD > Iq N H J 0 u� LO N WANx 0 c 0 Ron" E a MMM u 0 %oft alm 0 to N ti N 0 U Q 0�1 r, nA w N Em N 04 '6 L 6 a 0�1 o� S -i- 6 v 6 0�10 0 J 4 AT a� D M N O N rn N s V 0 m a 0 0 co 0 0 E 0 L V i V V O M T M r xi 00�a.. go M � P z �1 �� Q) iml i'm, N M a 0 a 06 _ I _ 0 c D 0 Q m D L M 'N � C-4 N Af L P U AL, W } r C N L UN_� 0 .LA000 i N E M* N N 0 0 E L � U Cl) M r Iq M 9 0 PIC%1�1.�. rru^, L •� r^ S� /� l W � J `fTVT `1 l T ® cn .41 P w o o wvvw •o -� •o r Iq M 9 6.A Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Resolution No. R23-054- Nuisance Abatement Lien Requested Action by Commission: Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City -contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. How will this affect city programs or services? Allows the City to collect on services performed on properties within the City limits. Fiscal Impact: This process allows us to place liens on the properties, in order to reimburse the City for the services that were provided when the nuisances were abated. Attachments: Reso R23-054 Nuisance_Abatement_for_05162023_-_Reso.pdf Exhibit A2.pdf 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. R23-054 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Community Standards to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property, and WHEREAS, the City Manager or his authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" S:ACA\RESO\Nuisance Abatement for 05162023 - Reso.docx 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2023, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorney's fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Nuisance Abatement for 05162023 - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 37 DO M O O O O O O C 'a 00 M 00 00 00 M 7 O GG � 0 GG Q (r O (r O CA O `1 -Lo > EEA UA0 EA EA Ef> ER C Q M d U Co M V O co V Q0 O O cc O O O W 00 00 00 00 00 C Cl) co Ln N V 00 C co I— m n N O d _ In O CO m N Co N O M M J N N N N N N N N N N N N C N d E d L ¢> Qa a O m O M N Q Q � � t 3 d f UnZ Z N Z >' LO — LO W m � LO7) 1 Z Z 0 0 0 0 0 0 0 Cl) 0 ao r- 0 0 0 v v 0 0 0 o LUQ Ln a) 0 0 0 O 0 0 0 0 0 Z O 0 0 0 0 0 U N Co M 0 a 6 co _ N N N N N N LO LO Ln LO LO LO V V V V V 7 Cl) co M co co co V V V V V V co 00 co 00 00 00 O O O O O O Nco O V ` N co a >U U) Y U _ m U m -> 01 J m N z3 Ln, — Q W >> d d m O LOco> M M r,- O >a) CN O f� 7 O V > CO d � E N m m U c Z m c CL _m d J U E L ` U Z c o 0 U oc o Q � J d N O C i }O 0 E Z Y N d N U J cE c0 0UH2QUn (D m E c� > Z E m o �i c 0- m Z U) o N LL c E > CDm >Un1 Z M. - Consent Consent Agenda 05/16/2023 Sole source purchase of Yokogawa meters and meter components from Classic Controls, Inc. Requested Action by Commission: Authorize spending for the amount of $96,800 with Classic Controls, Inc. as the sole source supplier of Yokogawa meters and meter components for Water Treatment Plants and Water Wells. Explanation of Request: The South Florida Water Management District and Florida Department of Environmental Protection permits require flow meters on all source water wells and water plant processes. These meters allow staff to monitor flows as well as help determine chemical usage based on the flow. In order to continue providing excellent water quality to our customers, the City of Boynton Beach Utilities Department is replacing meters that will soon reach the end of their service life. The City of Boynton Beach Utilities Department uses Yokogawa meters and meter components for the Water Treatment Plants and Water Wells. Classic Controls, Inc. is the sole source provider in the state of Florida for Yokogawa products. How will this affect city programs or services? These meters measure and monitor water flow from source water wells and the plant influent and effluent flow and help maintain excellent water quality. The flow measurements are reported to regulatory agencies on a monthly basis as required by water use permit. Fiscal Impact: The fiscal impact to the Utilities is for the amount of $96,800 which is budgeted in Equipment, Parts, and Supplies operating account. Attachments: YCA Sole Source Letter 2023.doc Signed Sole Source Justification Form.pdf Yokogawa Corporation of America North American Headquarters 12530 West Airport Blvd. Sugar Land, TX 77478 www.yokogawa.com/us YOKOGAWA April 18, 2023 To whom it may concern; Classic Controls Inc., located in Lakeland, FL is the exclusive sales representative for Yokogawa Corporation of America Measurement and Control Products, for the state of Florida. They are authorized by Yokogawa Corporation of America to quote, service, provide technical support, and handle order entry on our behalf exclusively for the territory listed above. Yokogawa is commited to providing you with the highest level of customer satisifaction possible. If for any reason you have questions or comments feel free to contact me. Thank you for the opportunity to be a partner in you business and we look forward to serving you. Thank You J/ - Ron Norton Regional Sales Manager SE- M&C Products Yokogawa Corporation of America 2 Dart Road, Newnan, CA 30265 Phone: (770) 254-0400 1 Mobile: (770) 880-6729 E-mail: ron.norton@us.yokogawa.com I URL: yokogawa.com/us 40 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. --------- - - ----- A - �4rchasle D0011 Requestor .......... . . . ............... ............... . . . .......... . . . . . .ties Department ..... www........ Utilities Division ..... . .................. Water Quality and Treatment ........... Point of Contact . ._....w ... ........ __.._......w Bryan Heller . ..................... .... . ...... ....... .... ... Phone Number ...................... . ........ 561-742-6420 ......... . ........ . ........... ............ ..... Vendor .... . ........ Company Name Classic Controls, Inc. --l-1-1 --- - -------- - ........................ .......... Address ....... . . ............ 5095 S. Lakeland Dr., Lakeland, FL 33813 ___ �iling: P.O. Box 6187, Lakeland, FL 33807 M ........................ .............. Phone Number ---- . . . 863-644-3642 . . . .................... . . . ....................... - ................. - ............ -'- ................. Point of Contact and Title ------- Rafael Lemus ......_w . What other vendors were ........... . . . .................. . . ......... . ...... . N/A contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service .......... ... . .. - -------- ------- ...... . . . . . ...... Product/Service Name ...................... .......... Yokogawa Meters .... ... ... ...... ..... . ..... . ....... -- .......... Manufacturer ........ . . .......................... .. . . .... Yokogawa Corporation of America . ...... . ......... --------- Make/Model # �wwwwPrice . ....... M mm Multiple Sizes of Meters for Drinking Water Wells and Plant Influent/Effluent. �96,800 total for multiple meters of multiple sizes Did you negotiate the terms or ............... ................... . . . . . ............ prices with the vendor? E] Yes Z No Why is this price considered to be fair and reasonable? Comparison performed using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. — - -1-1 .................. . . ............... .. . .................... . . .............. - ........ . . 41 Purchasing Division f' Sole/Sin e ource Justification Form ...._................... ...... .__..,._ ..._m Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons) ® Yes ❑ No This is a sole source because (choose any that apply): ® Sole provider of a licensed or patented good or service ❑ Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) . What necessary features does this vendor provide which are not �available from other vendors? Please be specific. Yoko awa meters have been used in past ears on the Wells and Water Plants. Cit staff are trained to re air, roe ram certif & verif flows for . ermits usinc Yoko awa meters. Prices are com arable to other e2 ui ment manufacturers. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. 7. 7rrr 77r My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other knownnsuf? aliers that exist..,......_....._._........._.._........................... ............................................................................................._.. .....vw.w..._..... _..................._.......... _ .......... LDepart ent rector � .....vuwu Signature Date ................. v ..Mu _w............ w.w.w._. ........... _. w 2. Purchasing Manager/Finance Director _..................... �.__...._....wwww__.w_ .__ Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. Sig.nature.._......_..__....�.�_..w_...._..w_.._....��.._....._��...��.,.,.,....�.,.,......._,,,,,,,,,,,,,,,,�..�..,.,.,.,............ _Date.._......w.w......._........__�......._.................. 42 6.0 Consent Agenda 05/16/2023 Proposed Resolution No. R23-055- Interlocal Agreement between Palm Beach County First Responders related "PSAP" (9-1-1 public safety answering point). Requested Action by Commission: Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement between Palm Beach County First Responders related "PSAP" (9-1-1 public safety answering point). Explanation of Request: The Marjory Stoneman Douglas High School Public Safety Commission recommended that counties be required to develop and implement communication systems that allow direct radio communication between public safety answering points (PSAPs) and first responders outside the PSAPs normal service area to provide for more efficient dispatch of first responders. In response to the recommendations, the Florida Legislature created Section 365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering points and first responders). On December 3, 2019 the City Commission approved the Interlocal Agreement between Palm Beach County First Responders. The term of this new Agreement is for a period of five (5) years with three (3) one-year renewals. How will this affect city programs or services? This agreement sets forth the protocols under which a PSAP will directly provide notice by radio of a public safety emergency to the on -duty personnel of both Police and Fire when the responding agency is within Palm Beach County but does not provide primary dispatch functions. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Reso R23-055 ILA _with_PBC_for_PSAP_2023_-_Reso.pdf PBC911_Boynton _Beach_Agreement (PSAP) Agenda_2019_12_3_Meeting(290)- PSAP.pdf 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R23-055 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY FIRST RESPONDERS RELATED THE "PSAP" (9-1-1 PUBLIC SAFETY ANSWERING POINT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Marjory Stoneman Douglas High School Public Safety Commission recommended that counties be required to develop and implement communication systems that allow direct radio communication between public safety answering points (PSAPs) and first responders outside the PSAPs normal service area to provide for more efficient dispatch of first responders; and WHEREAS, in response to the recommendations the Florida Legislator created Section 365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering points and first responders); and WHEREAS, this Interlocal Agreement sets forth the protocols under which a PSAP will directly provide notice by radio of a public safety emergency to the on -duty personnel of both Police and Fire when the responding agency is within Palm Beach County but does not provide primary dispatch functions; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the Mayor and City Manager to sign the Interlocal Agreement between Palm Beach County First Responders related to the PSAP (Public Safety Answering Point). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:ACA\RESO\Agreements\ILA with PBC for PSAP (2023) - Reso.doex 44 30 THE CITY OF 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 of the City of Boynton Beach hereby approves and 35 authorizes the Mayor and City Manager to sign an Interlocal Agreement between the City of 36 Boynton Beach and Palm Beach County First Responders related to the PSAP (Public Safety 37 Answering Point), a copy of said Interlocal Agreement is attached hereto and made a part here 38 as Exhibit "A". 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) S:ACA\RESO\Agreenlents\ILA with PBC for PSAP (2023) - Reso.doex APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 45 AGREEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF THE 9-1-1 EMERGENCY CALL HANDLING SYSTEM THIS AGREEMENT ("the Agreement") is made as of the _____day of_______, _____, by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as "COUNTY"), and the City of Boynton Beach____________, a municipal corporation or agency of the State of Florida (herein referred to as "AGENCY"). WITNESSETH WIEREAS, the Florida Legislature enacted the Emergency Communications Number E911 Act, Section 365.172, Florida Statutes, for the purpose of establishing and implementing a comprehensive statewide emergency telecommunications number system that will provide users of voice communications services with rapid direct access to public safety agencies via a 911 system and to provide funds to counties for certain costs associated with their 911 or E911 system; and WHEREAS, Section 365.172, Florida Statutes, provides for the levy of a reasonable fee on users of voice communications services to establish and implement a comprehensive statewide emergency telecommunications number system to allow direct access to public safety agencies by accessing the telephone number "9-1-1;" and WHEREAS, Section 365.172(2)(e), Florida Statutes, acknowledges the legislative intent that the E911 fee authorized and imposed does not necessarily provide the total funding required to accomplish these purposes; and WHEREAS, Sections 365.172 and 365.173, Florida Statutes, establishes how E911 fees are collected in the State of Florida and redistributed to the appropriate counties to be used as specified; and WHEREAS, Section 365.173(2)(d), Florida Statutes, establishes the COUNTY as the body charged with the appropriation of these funds; and WHEREAS, the COUNTY and the AGENCY recognize the need and benefits to having and maintaining a single functional 9-1-1 network in several locations for emergency call handling and transfer as designated in the Florida Emergency Communications Number E911 State Plan, as may be amended from time to time (hereafter referred to as the "State E911 Plan"); and Page 1 of 11 EIF WHEREAS, to accomplish this, the COUNTY desires to implement a 9-1-1 system in the AGENCY's Public Safety Answering Point (PSAP), also known as an Emergency Communications Center (ECC), which implementation includes the COUNTY's acquisition, installation and maintenance of select COUNTY systems and equipment, and which also may include an annual disbursement of funds to the AGENCY to offset permissible expenditures, and reimbursement of capital expenses for certain 9-1-1 related equipment purchased by the AGENCY, all to the extent permitted under Sections 365.171 and 365.172, Florida Statutes and the County budget adopted, or to be adopted, for the 9-1-1 system; and WHEREAS, the COUNTY and AGENCY consider entering into and performing this Agreement to be in the best interest of their respective citizens and the health, safety, and welfare of such citizens; Now, therefore, in consideration of the mutual promises contained herein, the COUNTY and AGENCY agree as follows: ARTICLE 1 - PURPOSE. The purpose of this Agreement is set forth in the above recitals, and same are hereby incorporated herein by reference. This Agreement provides for the installation and maintenance of a 9-1-1 system as described in the Palm Beach County E911 Plan on file with the Florida Department of Management Services; establishes minimum performance standards and other related procedures; establishes a disbursement/reimbursement procedure; and defines responsibilities pertaining to the 9-1-1 Call Handling System as they relate to the parties hereto. The subjects addressed herein, and the responsibilities assigned are not all inclusive and it is anticipated that the Palm Beach County 9-1-1 system will require future revisions and modifications. As a result, this Agreement does not represent a limitation of 9-1-1 issues and may be amended by mutual written agreement of the parties. ARTICLE 2 -BAILMENT. a. The COUNTY hereby provides to the AGENCY, and the AGENCY hereby accepts possession of, the COUNTY 9-1-1 systems and equipment, including 9-1-1 Call Handling Equipment ("CHE"), identified on Exhibit A attached hereto and incorporated herein (hereinafter referred to as "COUNTY 9-1-1 Systems and Equipment"). Exhibit A may be updated and modified from time to time as agreed to in writing by the parties' Contract Monitors; and each party hereby authorizes its respective Contract Monitor to execute such modified Exhibit A on behalf of said party. b. This provision of the COUNTY 9-1-1 Systems and Equipment shall be considered a bailment for the mutual benefit of the COUNTY (bailor) and the AGENCY (bailee). Page 2 of 11 47 All COUNTY 9-1-1 Systems and Equipment provided by the COUNTY hereunder shall remain the property of the COUNTY, and the AGENCY shall use such COUNTY 9-1-1 Systems and Equipment only for the purposes contemplated by this Agreement. ARTICLE 3 - OBLIGATIONS OF THE COUNTY a. The COUNTY, through the Department of Public Safety, Division of 9-1-1 Program Services, shall provide the COUNTY 9-1-1 Systems and Equipment to the AGENCY, which the AGENCY shall use for routing, delivery, and handling of 9-1-1 emergency calls. b. The COUNTY 9-1-1 system shall be a Next Generation 9-1-1 Emergency Services IP Network (ESINet) and Call Handling System (CHS), and is compliant with all standards required by the State E911 Plan. c. The COUNTY will provide on -demand language translation services; monitoring of the COUNTY 9-1-1 Systems and Equipment; PSAP data analytics; and call taker training to the AGENCY's 9-1-1 Public Safety Telecommunicators. d. The COUNTY shall provide for the installation of, as well as preventive monthly inspection (PMI), maintenance, upgrades, and emergency service for, the COUNTY 9-1-1 Systems and Equipment. e. The COUNTY will ensure all service technicians are fingerprint background checked and Criminal Justice Information Services (CJIS) certified, as required by the Florida Department of Law Enforcement (FDLE) for unescorted entry into secure/restricted areas within PSAPs. f. The COUNTY shall be responsible for maintaining a current Master Street Address Guide (MSAG). g. The COUNTY shall give priority, in the allocation of E911 fee revenue, to recurring operational expenses of the network and systems; updating and refreshing 9-1-1 equipment and technologies; and any other mandatory expenses. h. The COUNTY may provide for an equitable annual disbursement of any remaining E911 fee revenues, not previously encumbered, or of monies specifically designated by the COUNTY, to offset the AGENCY's cost of appropriate statutorily permissible expenditures under Section 365.172, Florida Statutes. Such disbursement, if any, will be calculated by the COUNTY pursuant to an equitable formula. The COUNTY will notify the AGENCY of the amount of any such disbursement on an annual basis. Page 3 of 11 48 ARTICLE 4 - OBLIGATIONS OF THE AGENCY a. The AGENCY shall provide security and back-up power, to include a UPS (uninterrupted power source) to the COUNTY 9-1-1 Systems and Equipment in accordance with the State E911 Plan. b. The AGENCY shall comply with appropriate cybersecurity protocols as stipulated by the COUNTY, specifically the Department of Public Safety, Division of 9-1-1 Program Services. c. The AGENCY shall provide a number of call takers sufficient to meet the requirements of section 5.3.1 of the State E911 Plan. Call takers must maintain current Florida Department of Health Public Safety Telecommunicators certification. d. The AGENCY shall promptly notify the COUNTY of any issue that impacts the delivery and answering of 9-1-1 calls. This may include equipment failures or damage and database failures or errors. The AGENCY shall be responsible for lost equipment or equipment damaged due to the AGENCY's negligence based on the value of such equipment at the time of loss or damage. e. The AGENCY shall notify the COUNTY of any service boundary, street name, building or unit number, or other addressing that has been changed within three (3) business days of the approval setting forth such changes. f. The AGENCY shall operate its PSAP in compliance, at minimum, with all standards established for PSAPs by the State E911 Plan. g. The parties acknowledge that the AGENCY's operation of its PSAP may require the AGENCY to procure capital equipment in addition to the COUNTY 9-1-1 Systems and Equipment provided by the COUNTY hereunder. The AGENCY may request from the COUNTY reimbursement of capital expenses relating to such purchase(s) of 9-1-1 related equipment authorized under Section 365.172(10), Florida Statutes; provided that the COUNTY's approval, in its sole discretion, has been obtained prior to the AGENCY's procurement of such equipment. The AGENCY shall be responsible for purchasing and acquiring the equipment, and then submitting for reimbursement to the COUNTY all documentation required by the Palm Beach County Clerk and Comptroller's Office. All requests for reimbursement will be made as soon as practical, but no later than August 311t of each fiscal year this Agreement is in effect. h. The AGENCY shall provide access to their COUNTY 9-1-1 Systems and Equipment to COUNTY designated service technicians for installation, preventive monthly inspection (PMI), maintenance, upgrades, and emergency service. i. The AGENCY will perform no self-service maintenance on COUNTY 9-1-1 Systems and Equipment. The AGENCY shall contact the COUNTY for all maintenance and repairs of the COUNTY 9-1-1 Systems and Equipment. Page 4 of 11 49 j. The AGENCY shall return to the COUNTY all COUNTY 9-1-1 Systems and Equipment when in disrepair or no longer in use, and at the termination of this Agreement, for tracking and proper disposal. ARTICLE 5 - TERM AND TERMINATION The term of this Agreement, unless terminated as provided in this Article 5, is for a period of five (5) years commencing March 1, 2023, with three (3) one-year renewal options, under the same terms and conditions stated herein, upon written agreement of the parties. The COUNTY reserves the right to terminate this Agreement for cause upon ninety (90) days' written notice to the AGENCY. The AGENCY may terminate this Agreement upon sixty (60) days' prior written notice to the COUNTY in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Agreement through no fault of the AGENCY. ARTICLE 6 - CONTRACT MONITORS AND NOTICES The COUNTY's Contract Monitor shall be the Public Safety Department Director, whose telephone number is (561)712-6400. The AGENCY's Contract Monitor shall be the AGENCY's Manager, whose telephone number is (561)742-6010 Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand with a receipt obtained, or by certified mail return receipt requested, or by other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Public Safety Department Director 20 South Military Trail West Palm Beach, FL 33415 With a copy to: Dan Koenig, Senior Manager, PBC 9-1-1 Program Services 20 South Military Trail West Palm Beach, FL 33415 and Palm Beach County Attorney's Office 301 North Olive Ave. - 6th Floor West Palm Beach, FL 33401 Page 5 of 11 50 If sent to the AGENCY, notices shall be addressed to: Daniel bugger, City Manager ------------------------ City of Boynton Beach ------------------------ P.O. Box 310, Boynton Beach, FL 33435 ------------------------ With a copy to: Michael D. Cirullo, Jr., Esquire 3099 East Commercial Blvd., Ste. 200 Ft. Lauderdale, FL 33308 ARTICLE 7 - LIABILITY Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, the COUNTY shall indemnify, defend and hold harmless the AGENCY against any actions, claims or damages arising out of the COUNTY's negligence in connection with this Agreement, and the AGENCY shall indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the AGENCY's negligence in connection with this Agreement, including its negligent use, care and/or possession of the COUNTY 9-1-1 Systems and Equipment provided hereunder. This provision does not constitute consent of either party to be sued by third parties and shall not be construed as a waiver of either party's sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. Nor shall this provision be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. ARTICLE 8 - WAIVER If either party shall waive any provisions of the Agreement or fail to enforce any of the conditions or provisions of this Agreement, such waiver shall not be deemed a continuing waiver and shall never be construed as such; and such party shall thereafter have the right to insist upon the enforcement of such conditions or provisions. ARTICLE 9 - SEVERABILITY If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be held by a court of competent jurisdiction to be Page 6 of 11 51 invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 10 - ENTIRETY OF AGRFFMFNT The COUNTY and the AGENCY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto or as specifically provided for herein. ARTICLE 11 - AUDITS and PUBLIC RECORDS The AGENCY and the COUNTY shall maintain records relating to this Agreement and performance hereunder in accordance with Florida's public records laws and any other applicable laws, including any applicable confidentiality laws. At a minimum, the AGENCY and the COUNTY shall maintain such records for at least five (5) years after the termination of this Agreement. If any inquiry, investigation, audit or litigation is underway at any time during the five (5) year period, the AGENCY and the COUNTY shall continue to maintain and preserve the records until the resolution of the inquiry, investigation, audit or litigation. The COUNTY and the AGENCY shall have the right, upon reasonable request and during normal business hours, to inspect, examine or copy the other's records, and each party shall make such records available to the other party in Palm Beach County. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421-2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the AGENCY, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421-2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Page 7 of 11 52 ARTICLE 12 - NO AGENCY Nothing contained herein is intended to, nor shall create an agency relationship between the COUNTY and the AGENCY. ARTICLE 13 - EMPLOYEE FUNCTIONS No employee of the COUNTY or the AGENCY shall perform any function or service which is not within the employee's scope of duties as defined or determined by the employee's employer. ARTICLE 14 - RELATIONSHIP OF EMPLOYEES No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, whatsoever. Neither party is authorized to make or enter into any contract, agreement, or warranty for or on behalf of the other, unless the parties to this Agreement have entered into a written agreement expressly authorizing such. ARTICLE 1 S - ASSIGNMENT OF RIGHTS Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other; however nothing contained herein shall be construed to prevent COUNTY, in its sole discretion, from using subcontractors to perform its obligations under this Agreement without obtaining consent. ARTICLE 16 - NONDISCRIMINATION In Resolution 2017-1770, the COUNTY expressed its commitment to assuring equal opportunity by not conducting business with nor appropriating funds to entities that discriminate as set forth therein. Pursuant to Palm Beach County Resolution R2017- 1770, as may be amended, the AGENCY warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. Page 8 of 11 53 ARTICLE 17 - ANNUAL APPROPRIATIONS Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. ARTICLE 18 - REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 19 - .IOINT PREPARATION The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. ARTICLE 20 - CAPTIONS The captions and section headings appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. ARTICLE 21 - DELEGATION OF DUTY This Agreement shall not in any way or manner whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. ARTICLE 22 - SURVIVABH= Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement, shall survive the expiration or earlier termination of this Agreement. Page 9 of 11 54 ARTICLE 23 - NO THIRD PARTY BENEFICIARY No provision of this Agreement is intended to, or shall be construed to, create any third - party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or AGENCY. ARTICLE 24 - E -VERIFY - EMPLOYMENT ELIGIBILITY Each party warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. Each party has registered with and uses, and shall continue to use, the E -Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired employees. If either party has a good faith belief that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the violating party. ARTICLE 2 5 - FORCE MATEURE The COUNTY and/or the AGENCY shall not be deemed in default or in breach of this Agreement to the extent it is unable to perform due to an event of Force Majeure. For the purpose of this Agreement, Force Majeure shall mean and include any strike, lockout, civil commotion, war -like operation, natural disaster, invasion, rebellion, pandemic, military power, sabotage, government regulations or controls over which COUNTY or AGENCY, as applicable, has no amendatory powers, inability to obtain any material, utilities, service or financing, through Acts of God or other cause beyond the reasonable control of theCOUNTY or AGENCY, as applicable. Furthermore, the COUNTY and the AGENCY specifically acknowledge that neither shall have any liability whatsoever for any damages or injuries due to a Force Majeure. ARTICLE 26 - TERMNATION OF PRIOR AGREEMENT The prior Agreement for the Enhancement and Maintenance of the E9-1-lEmergency Telephone Number System, entered into between the parties in 1992, shall be automatically terminated upon the commencement of this Agreement. ------------------------------------Balance of page left intentionally blank ------------------------------------ Page 10 of 11 55 IN WITNESS WHEREOF, the COUNTY and the AGENCY have each caused this Agreement to be executed by its duly authorized official as of the date first set forth above. PALM BEACH COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: County Administrator or Designee APPROVED AS TO FORM AND LEGAL SUFFICIENY By: Assistant County Attorney APPROVED AS TO TERMS AND CONDITIONS By: Department Director AGENCY: City of Boynton Beach AGENCY Name By: AGENCY Signature Ty Penserga, Mayor Typed Name & Title By: AGENCY Signature Daniel Dugger, City Manager AGENCY Name & Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Page 11 of 11 AGENCY's Attorney (corp. seal) W PBC 911 Program Services Exhibit A County 9-1-1 Systems and Equipment PSAP: Boynton Beach Police Department Back Room HP Proliant G8 DL160 SE SERVER 4 Cisco 48 -port Switch 2 Analog Interface Module - AIMs card 3 4 ft IT Cabinet 1 Color Laser Printer 1 Workstations Intrado A9C Call Handling Appliance 10 22" Touchscreen Monitor 10 22" Monitor 10 Genovation Keypad 10 Keyboard 10 Mouse 10 57 6.L. CONSENTAGENDA 12/3/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-154 - Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement between Palm Beach County First Responders related the "PSAP" (9-1-1 public safety answering point). EXPLANATION OF REQUEST: The Marjory Stoneman Douglas High School Public Safety Commission recommended that counties be required to develop and implement communication systems that allow direct radio communication between public safety answering points (PSAPs) and first responders outside the PSAPs normal service area to provide for more efficient dispatch of first responders. In response to the recommendations the Florida Legislator created Section 365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering points and first responders) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement sets forth the protocols under which a PSAP will directly provide notice by radio of a public safety emergency to the on -duty personnel of both Police and Fire when the responding agency is within Palm Beach County but does not provide primary dispatch functions. FISCAL IMPACT: Non -budgeted No fiscal impact ALTERNATIVES: Not accept the interlocal agreement and not participate in the notification system. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Improve the level in which the Police and Fire Department can protect the community. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 224 of 1858 ATTACHMENTS: Ty pe Re,sdWJ011l Description FResokAillon appirmAing 1I1 A wltlh F"dim IBeadh County F::iiistRespoindeirs irelaleds to IPP F:1SAF:1 I inteirlocal Agii-eerneiil Page 225 of 1859 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R19 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY FIRST RESPONDERS RELATED THE "PSAP" (9-1-1 PUBLIC SAFETY ANSWERING POINT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Marjory Stoneman Douglas High School Public Safety Commission recommended that counties be required to develop and implement communication systems that allow direct radio communication between public safety answering points (PSAPs) and first responders outside the PSAPs normal service area to provide for more efficient dispatch of first responders; and WHEREAS, in response to the recommendations the Florida Legislator created Section 365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering points and first responders); and WHEREAS, this Interlocal Agreement sets forth the protocols under which a PSAP will directly provide notice by radio of a public safety emergency to the on -duty personnel of both Police and Fire when the responding agency is within Palm Beach County but does not provide primary dispatch functions; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the Mayor and City Manager to sign the Interlocal Agreement between Palm Beach County First Responders related to the PSAP (Public Safety Answering Point). S:ACA\RESO\Agreements\TLA with PBC for PSAP - Reso.docx Page 226 of 1860 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the 36 Mayor and City Manager to sign an Interlocal Agreement between the City of Boynton Beach 37 and Palm Beach County First Responders related to the PSAP (Public Safety Answering Point), 38 a copy of said Interlocal Agreement is attached hereto and made a part here as Exhibit "A". 39 Section 3. That this Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of December, 2019. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA City Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\TLA with PBC for PSAP - Reso.docx VOTE YES NO Page 227 of 1861 NOW, THEREFORE, in consideration of the foregoing, the AGENCIES agree as follows: This agreement sets forth the protocols under, which a PSAP will direct�y provide notice by radio of a public safety emergency to the on — duty personnel of a first respondM r agency for which the PSAP does not provide primary dispatch functions, QUMM�� k "9-1-1 public safety answering point" or "PSAP" means a municipal or county emergency communications or 9-1-1 call center in the state that receives cellular, landline, or text —to— 9-1 -1 communicat�ions, Page 228 of 1862 INTERLOCAL. AGREEMENT- PSAP B. "First responder agency" includes each law enforcement agency and fire service agency, other than a state agency, and each emergency medicM seMces provider, as is designated as a primary first responder for the service area in which a 9-1-1 public safety answering point receives 9-1-1 caHs, See list of Pafrn Beach County First Responder Ager xies, Exhibit A. C, "Flublic safety emergericy" or, "event" for purposes of this lntedocai Agreeaent incftjdes, but is not flnifted to, an iricident where a person(s) is activOy engaging in causing death or serious bodRy injury to rnultiple victims., This may Lae the result of an active shooter and/or other hostile event where the potential for death or serioris bodily injUry is irriminent and/or occurring. Article 1._Each AGENCY a re es that A, Each PSAP Ml directiy provide notice by radio of a pubHc safety ernergency to the on -, dUty personne,1 of an AGENCY for Mflch the P does not proAde primary dispatch functions as folio s: 1. Each FISAP shaft have the abiMy to have direct radio contact with aH primary first responder agencies and their dispatchers for whorn the PSAF" can reasonably receive 9-1-1 COMMILinications, 2, Upon the occurrence of a PUblic safety ernergency, rf tile primary PSAP with jurisdicfion has not yet dispatched the event, the, P recerving the event frorn 9-1-1 shaH, upon supervisor approvaN, irnryiediately broadcast 0 9--1-1 commUnicaflons or nu. bfic, safety, information regarding throe emergency over the phrnary talk group/dispatch chanriO designated for such comrrKMiCafi0r'1S to the agency with jurisdiction over the sen/ice: area where the event is of,acurring, 3NohMV-mta rid irig, once the event has been dispatched by the primary PSAP witti jurisdiction, PSPa outside the service area of the event wiH transfer additional 9-1-1 c.Wlis to the primary PSAR B. Jralning shali be provided to aH appHcable agency personnel regardingthe procedures and protocole, set forth in this Agreernent; such training shali Wso indude radio functionaNy and how to readHy access the nec,;essary dispatch channel, Each AGENCY, and/or PSAP shO be resporisiNe for tra4,)irig their respective personriel. Article 4, Effective Date and Term of Aa:;k En 0,ra This Agreernent shaH take effect upon execution and approval by the hereinafter named AGENCIES and shaH confinUe in WH force arid effect until terr&)ated by operation or otherwise subject to suriset Linder Horida StatUte, Page 229 of 1863 INTERLOCAL AGREEMENT- 1 Article 5. Liability Each AGENCY slwH be liable for its own actions and negligence and agrees to assure responsibifty for the acts, omissions, or conduct of such agency's ernployees, SUbject to the provisions of.Section 768.28, Florida Statt,ites, wher,e aPPHGaUe. The foreg6r@ shall not consfitute a waiver of sovereign it beyond thea firnits set forth in Section 768,28, Florida Statutes, or of any d0fense available fi-.-) any agency. N(:)thing herein shall b,e coinstrued as consent by any agency to be sued by third parties in any rnatten, whethei arising 0LJ1 Of tHS agreement or, any other contract. Article 6. Non -Discrimination The Par -ties shall not discr4yinate on the basis of race, age, religion, color, gende�r, national or°igin, rnadtal status, disability or sexual orieritatiom Article'7. Relationshlrf.j Liq..Pafties Except as set forth herein, no party to ths Agrpen�ient shall have any responsibility whatsoever wiffi respect to services provided or contraCtUal oNigations of any other, party and noftng in this Agreernent shall be deerned to consfitute any party a partner, agent, car loca& representative of any ()Ver. party or to create any type of fi6,iciary responsibflity or relationsNp of any kind whatsoever between the Parlres, Article 8. Dele a Torn 2LD_iAY Noffift contained herein shall M, deerned to authorize the d6egabon of thE, consfltufiona0 or, statutory duties of any Agency, e Article 9. No ThlrslrtBneficiaries y. PM This Agreernent and flmie provisions hereof are for the exclusive benefit of the Parties hereto armd thec r affiliates arid rwt for J,�e benefit of any third person, nor shkaH ths Agreeffient be deemed to confer car.have conferred any rights, express or irnpHed, upon any other third person, Art!Oe 10. SeverabiLity The Invakdity or Unenfoirceabifty of any prr vw sion w cause hereof shaH un rio way effec,t the wflidity or enfc)ITEw,'AAfty of any other clakjse or provisbrn hereof, Any amendments to this Agreement shall be by written instrument executed by all AGENCIES. Page 230 of 1864 This Agreement and the duties and obligations hereunder may not be transferred or assigned by any oft Parties. This Agreement shall be 2inding upon and inure to the benefit of the Parties hereto and their respective successors, This Agreement shall be construed in accordance with the laws of the State of Florida. Venue shall lie in Palm Beach County, Florida. The AGENCIES agree that this Agreement sets forth the entire agreement between the <a»®» and that there are no promises or understandings other than those stated herein. IN WITNESS WHEREOF, the AGENCIES h•ereto have caused this <© Agreement to be executed for the uses and purposes set forth herein, M Page 231 0 1855 EXHIBIT A FIRST RESPONDER AGENCIES LAW ENFORCEMENT AGENCIES: Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Police Department Gulfstream Police Department Highland Beach Police Department Hypol'iuxo Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach County School District Police Department PaIrn Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Rra Beach Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department FIRE SERVICE AGENCIES: §_6caFiWt�_n_ri i�WR.e`sc u._e.._S_ervices Boynton Beach Fire Rescue Delray Beach Fire Rescue Greenacres Fire Rescue North Palm Beach Fire Rescue Division Palm Beach County Fire Rescue Palm Beach Shores Fire Department Pratt & Whitney Fire Rescue Riviera Beach Fire Rescue Tequesta Fire Rescue I -own of Palm Beach Fire Rescue Department West Palm Beach Fire Rescue Page 232 of 1866 BOYNTON BEACH POLICE DEPARTMENT BOYNTON BEACH FIRE RESCUE Print Nam of Agency �i a r at u re f Authoriz6d Or�aall- MICHAEL G. GREGOR"lMatt Petty Pri-�t--N-a-m`e' of"-'A--u-th"--o—riz'e'-d' —Offic-ia-1 - ---------- -,- ' 2DLh_ day of November 2019 22 dayof November 2 0 lt; ofiffW11 By _ . ........ day of 2019 County Mayor/ City/ Town Mayor CounfyPCity Clerk day . . . ............. . . ... ...... . 2019 City/ Town Manager/Administrator W W so W *M EW Ll ON, 141 N119 a NI*] 1:91 vl! r", VA 4NNI SMSzc= it day of _ 2019 Page 233 of 1867 g Consent Agenda 05/16/2023 Proposed Resolution No. R23-056- Boynton Beach Fire and Police Dock Phase 2. Requested Action by Commission: Approve and authorize the Mayor to sign the resolution with Florida Inland Navigation District Waterways Assistance Program for Phase 2 of the Boynton Beach Fire and Police Dock. Explanation of Request: On January 3, 2023, the City Commission approved the Grant Agreement with Florida Inland Navigation District for the Boynton Beach Fire and Police Dock. This project is part of the Boating Safety Initiative covering the cost of installing a dock and lift for the Police Department's Patrol Boat and the Fire Department's Fire Rescue Vessel. Located at Oyer Park, the dock will provide both Police and Fire Rescue with quick access to the Intracoastal Waterway and the Boynton Inlet, one of the most dangerous inlets in the State, and will significantly reduce emergency response times. Additionally, the lifts will protect the fire rescue and patrol boats from saltwater corrosion, keeping the maintenance costs low and mitigating the risk of water damage caused by sea level rise. How will this affect city programs or services? Police and Fire departments will be able to significantly reduce emergency response time to meet the needs of a steadily increasing call volume on the waterways, ocean inlet and increasing population. This new public safety dock/lift will enhance the departments' capacity to assist neighboring jurisdictions to foster and strengthen interoperability to promote the health and safety of all. Fiscal Impact: Currently, the Police Department leases a dock and lift at an annual cost of $36,000. This project would eliminate these costs. Attachments: WAP 2023 Attachment E-7 Resolution for Assistance.docx WAP 2023 Application Part 2 3.27.23.pdf 68 r RESOLUTION FOR ASSISTANCE 2023 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Boynton Beach is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Boynton Beach and the State of Florida: Project Title Boynton Beach Boating Safety Project — Phase 2 Total Estimated Cost $ $125,915 Brief Description of Project: The proposed Boynton Beach Boating Safety project is to install a private dock and boat lifts at Harvey Oyer Park to bolster the safety and marine rescue efforts of the Police department and Fire Rescue. The City is requesting funds to complete phase 2 (construction) of the project. AND, Florida Inland Navigation District financial assistance is required for the programmentioned above, NOW THEREFORE, be it resolved bythe City of Boynton Beach (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Boynton Beach (Name of Agency) make application to the Florida Inland Navigation District in the amount of $62,957.5, 50 % of the actual cost of the project in behalf of said City of Boynton Beach (Name of Agency) AND, be it further resolved bythe City of Boynton Beach (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded underthe attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry outthe Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 19 That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Boynton Beach for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall complywith the terms and intent of the Title VI of the Civil Rights Act of1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certifythat the foregoing is a true and correct copy of a resolution duly and legally adopted by the City Commission at a legal meeting (Agency Governing Board) held on this dayof 20 Attest Title Signature Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 70 WE District 71 FY 2023 The following attachment E-1 through E-8, in addition to the requirements of items 10 through 13 of the application checklist, constitute your formal application. SUBMIT THE APPLICATION INFORMATION IN THE ORDER LISTED ON THE CHECKLIST. Applications imust The it l Iby the District Iby m30 p.m. oin Mairch 27, 2023. Ilii - ii n must The t l lby the li i , ire -iii ins® 72 Attachment lE ApplicaintTillps (Mistakes Common to the application process and how to avoid them) S HIEIDUILIIIN The new application is available by January each year, and District funding is available AFTER October 1 st of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due - 27th of March; Property control/Technical sufficiency items - 15th of May, Permits - 18th of September. (Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.) IPIR NEIRTY COINTROIL VERIFICATION Please have your attorney complete and sign the form in the application verifying applicant property control. In the case of leases or management agreements, please forward a copy to the District well in advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this requirement outside the application "window".) IPIRDJIE T COSTS IEILII IIBULIITY Please note the eligible project costs in Rule Section 66B-2.008, F.A.C. If you are not sure about an item's eligibility, ask! Note: Any ineligible cost, including in-house project management and administration, is also not eligible for an applicant's match. Make sure you have delineated your required minimum cost -share on the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item, work up a mock cost -sheet and send it to our office well before the deadline.) COST.-SILHAIRIE Although the applicant must provide a minimum of 50% of the total project costs (25% for eligible public navigation dredging), there is no specific requirement to split each item. (Staff suggestion: You may want to organize project element in a certain manner for easier accounting.) IPIRIE.-A IRIEIE IENT IE IPIEIN IE Rule 66B-2.005(3), F.A.C. requires any activity in the submitted project cost estimate occurring PRIOR to October 1 st to be considered as pre -agreement expenses. The Board's past philosophy has been to fund only those projects that require District funding assistance to be completed. It is best to avoid pre -agreement expenses if possible. Note, that pre -agreement expenses must be limited to 50% or less of the total project costs, and they are eligible for only 'h of the original District funding. (Example: A project with a total cost of $200,000 is Board -approved for one-half construction PRIOR to October 1 st. In this case, District funding will be limited as follows: Only 50% of the $100,000 project cost prior to October 1 st is eligible as project expenses (i.e. $50,000). Then only 'h of the eligible project expenses ($50,000) are eligible for District funding assistance (i.e. $25,000). U B IITTIED MATERIALS & JUJINIE IPIRIE IENTATII IN The Board must review and evaluate every application and each year we receive about 90 applications for consideration. The final product for the Commissioner's review is two 8-1/2'' x 11 " spiral -bound notebooks containing the essential information for the application. NOTE: make sure your final submitted material is the same material you will be presenting to the Board at our June meeting. This will avoid confusion and strengthen your presentation. (Staff suggestion: Limit the submitted materials to the requested information, in the required format and make sure it is consistent with your June presentation. Do not submit additional material at the June presentation!) IEILIECTIROINIC SUBMISSIONS Grant applications are being accepted by email or hardcopy. Grant applications may be submitted via email as a pdf attachment (permits attached separately). Make sure to label your pdf attachment with the applicant and project title. You will receive a confirmation email letting you know your application has been received. Email your completed application to JZimmerman@aicw.org Or you may send hardcopy applications to FIND, 1314 Marcinski Rd, Jupiter, EL 33477. 73 APPLICATION CHECKLIST WATERWAY ASSISTANCE PROGRAM FY 2023 Project Title: Boynton Beach Boating Safety Program Phase 2 Applicant: The City Of Boynton Beach This checklist and the other items listed below in items 1 through 13 constitute your application. The required information shall be submitted in the order listed. An electronic copy may be emailed to JZimmerman@aicw.org. Application must be received by the deadline, no exceptions. All information will be printed on 8'/2"x11" paper to be included in agenda books bound by staff. 7. Project Timeline - E-6 (Form No. 96-10, 1 page) 8. Official Resolution Form - E-7 (Form No. 90-21, 2 pages) (Resolution must be in District format and include items 1-6) 74 Y.E� JL4 1. District Commissioner Review (prior to March 3rd) X (NOTE: For District Commissioner initials ONLY!) (District Commissioner must initial the yes line on this checklist for the application to be deemed complete) 2. Application Checklist - E-1 (Form No. 90-26, 2 pages) (Form must be signed and dated) 3. Applicant Info/Project Summary- E-2 (Form No. 90-22, 1 page)(Form must be completed and signed) 4. Project Information - E-3 (Form No. 90-22a, 1 page) 5. Application and Evaluation Worksheet- E-4(+) (Form No.91-25) (One proper sub -attachment included, 7 pages) Must answer questions 1-10. No signatures required 6. Project Cost Estimate - E-5 (Form No. 90-25, 1 page) (Must be on District form) 7. Project Timeline - E-6 (Form No. 96-10, 1 page) 8. Official Resolution Form - E-7 (Form No. 90-21, 2 pages) (Resolution must be in District format and include items 1-6) 74 ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST WATERWAY ASSISTANCE PROGRAM FY 2023 9. Attorney's Certification (Land Ownership) - E-8 (Must be on or follow format of Form No. 94-26, Legal descriptions NOT accepted in lieu of form) 10. County/City Location Map �i 11. Project Boundary Map �i 12. Clear & Detailed Site Development Plan Map �i 13. Copies of all Required Permits: ACOE, DEP, WMD �i (Required of development projects only) The undersigned, as applicant, acknowledges that Items 1 through 12 above constitutes a complete application and that this information is due in the District officeno later than 4:30 PM, March 27, 2023 By May 15, 2023 my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 13 is due to the District no later than September 18, 2023. If the information in Item 13 is not submittedto the District office by September 18, 2023, 1 am aware that my application will be removed from any further funding consideration by the District. LIAISON: Tess W. Lacroix TITLE: Grants Manager ** SIGNA URE - PROJECT LIAISON ** Date Received: Local FIND Commissioner Review: All Required Supporting Documents: Applicant Eligibility: Project Eligibility:. Compliance with Rule 66B-2 F.A.C.: Eligibility of Project Cost: FIND OFFICE USE ONLY 3/27/2023 DATE Available Score: Form No. 90-26 - New 9/2/92, Revised 07-30-02 75 APPLICANT INFORMATION & PROJECT SUMMARY WATERWAY ASSISTANCE PROGRAM FY 2023 APPLICANT INFORMATION Applicant: The City of Boynton Beach Department: Fire Rescue and Police Departments Project Title: Boynton Beach Boating Safety Project - Phase 2 Project Director: Hugh Bruder Title: Director of Fire and EMS Services/Fire Chief Project Liaison: rif different from Director) Tess Lacroix Title: Grants Manager Mailing Address: P.O. Box 310 City: Boynton Beach Zip Code: 33425 Email Address: Lacroixt@bbfl.us Phone #: 561.742.6087 Project Address: 2010 N Federal Highway, Boynton Beach, FL 33435 *** I hereby certify that the information provided in this application is true and accurate. *** SIGNATURE: DATE: 3/27/2023 PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or less.) The City of Boynton Beach is requesting funds to complete phase 2 of the Boynton Beach Safety Project. The project consists of installing a private dock and boat lifts for Boynton Beach Fire and Police departments at Harvey Oyer Park to bolster its boating safety efforts. The City identified increased risks on the City's Intracoastal Waterways and Inlet as well as the existing vulnerabilities to marine firefighting and water rescue operations. There is no dedicated fire rescue vessel in Palm Beach County, North of Boca Raton and the location of the dock provides both Police and Fire Rescue with quick access to the State and Federally - funded Intracoastal Waterways and the Boynton Inlet which is one of the most dangerous inlets in the State. Additionally, the lifts would protect the fire rescue and patrol boats from saltwater corrosion, keeping the maintenance costs low and mitigate the risk of water damage caused by sea level rise. Boynton Beach Fire Rescue operates a trailered 17ft rigid hull inflatable vessel to provide water rescue intervention and suppress fires. Without having a dedicated docking space on the waterways, Fire Rescue must drive the vessel from the station Oyer Park, impacting emergency response time. The funding request will help to significantly reduce the 20 -minute response time by being able to launch directly from the dock, avoiding traffic and other operational delays. The Police Patrol boat, currently on a leased boat lift on the marina, is not centrally accessible for emergency and routine calls for service. The City will be able to eliminate $36,000 in leasing costs while centralizing the patrol boat's location to enhance operational readiness. The project meets the needs of a steadily increasing population, infrastructure and will improve Police and Fire Rescue's capacity to assist neighboring jurisdictions to foster and strengthen interoperability. The community will directly benefit from rapid intervention as it reduces risks, promote the health and safety of all, and builds community resilience. Form No. 90-22, Rule 66B-2, (New 12/17/90, Rev.07-30-02, 04-24-06) 76 /_1III 1_[01Ir7il4►lk11141b] PROJECT INFORMATION WATERWAY ASSISTANCE PROGRAM FY 2023 Applicant: The City of Boynton Beach Project Title: Boynton Beach Boating Safety Project Total Project Cost: $ FIND Funding %of Total Cost:50 No Requested: DEP $62,957.5 Amount of Applicant's Matching Funds: $62,957.5 Source of Applicant's Matching Funds: City Budget 1. Ownership of Project Site (check one): Own: Leased:Other: 2. If leased or other, please describe lease or terms and conditions: N/A 3. Has the District previously provided assistance funding to this project or site? Yes(D No: ❑ C) 4. If yes, please list: The District provided assistance for the planning phase of the Boynton Beach Safety Project (Phase 1) The District also provided assistance to renovate the publicly accessible boat ramps at Oyer Park. This project was successfully completed. 5. What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable): The site is highly accessible to the public with 4 boat ramps, 6 docks not including the proposed project, 120 trailer parking spaces, and approximately 730 In. Ft. of boardwalk. The Police and Fire departments will utilize the proposed dock and lifts for public safety. 6. How many additional ramps, slips, parking spaces or other access features will be added by this project? The project will be for private use by the Police and Fire departments and will not add any additional access features. 7. Are fees charged for the use of this project? No@ Yes ** **If yes, please attach additional documentation of fees and how they compare with fees from similar public & private facilities in the area. Please list all Environmental Resource Permits required for this project: AGENCY Yes / No / N/A Date Applied For Date Received WMD No DEP Yes 7 7 ACOE Yes Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07) 78 C C I EVALUATION WORKSHEET WATERWAY ASSISTANCE PROGRAM FY 2023 DIRECTIONS: All applicants will complete questions 1 through 6, and then based on the type of project, complete one and only one subsection (E -4A, B, C, D or E) for questions 7-10. ***Please keep your answers brief and do not change the pagination of Attachment E-4*** All other sub -attachments that are not applicable to an applicant's project should not be included in the submitted application. Project Title: Boynton Beach Boating Safety Project Applicant: The City of Boynton Beach 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application. (The application may only be of one type based upon the predominant cost of the project elements.) 13 - Waterway boarding safety programs & equipment. b) Explain how the project fits this priority category. The project fits this priority category as it provides a permanent location across one of the most dangerous inlets in the state to assist with patrol, water rescue, firefighting intervention and saving lives by reducing call response times. With the City's existing inter -agency agreements and multi -jurisdictional capabilities, emergencies and calls for service can be provided to the entire county. Furthermore, the boat lifts eliminate future maintenance costs due to saltwater corrosion and repaint of the boating equipment. (For reviewer only) Max. Available Score for application Question 1. Range of Score (1 to points) 79 2) WATERWAY RELATIONSHIP: a) Explain how the project relates to the ICW and the mission of the Navigation District. This project directly supports FIND'S mission and boating safety on the ICW by providing the departments with the effective tools and equipment to immediately respond to the emergency needs of the community. The project also allows for the safe ingress and egress of the Police and Fire departments' vessels during emergency operations. b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? More lives and properties will be saved and protected as a result of this project. Fire Rescue will significantly reduce their response time by having their boat on the water and PD's marine unit will provide waterway boating safety patrols and respond to emergencies more efficiently The location gives direct access and rapid rescue capabilities to Boynton Beach's dangerous I nlet. (For reviewer only) (1-6 points) 3) PUBLIC USAGE & BENEFITS: a) Describe how the project increases/improves boater/public access. Estimate the amount of total public use. Though this project does not provide public access to the docking space, the presence of the Fire Rescue and Law Enforcement vessels will provide greater peace of mind to the public. The City may experience an increase in boating activity while the community benefits from a reduced number of incidents on the waterways. b) Discuss the regional and local public benefits provided by the project. Can residents from other counties of the District reasonably access and use the project? Explain. The City of Boynton Beach provides patrol, call responses, and water rescue services to the community and neighboring municipalities. With the absence of a dedicated water rescue response in Palm Beach County, the Public will benefit from an enhanced response from the Police and Fire Rescue departments of the City. c) Has the local Sponsor implemented or plans to implement any boating access, speed zone, commercial access or other restrictive use of this site? No restrictions are placed on commercial access of the Oyer Park site but the dock use will be limited to Fire Rescue and Police department vessels. (For reviewer only) ( 1 -8 points) 80 4) TIMELINESS: a) Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-6. The project is currently in the design and permitting phase. Construction is anticipated to begin after October 2023 once design and permitting have been completed for a period of 12 months. b) Briefly explain any unique aspects of this project that could influence the timeline. There may be some mangroves needing to be mitigated. This would be a small obstacle that could influence the project timeline. (For reviewer only) (1-3 points) 5) COSTS & EFFICIENCY: a) List funding sources and the status and amount of the corresponding funding that will be utilized to complete this project including any cash match or matching grant funds. This project will be funded with the WAP grant program and the City of Boynton Beach will allocate a part of the budget to complete this project. b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. Due to the volatile inflation rates, the costs of construction materials may increase. c) Are there any fees associated with the use of this facility? If so, please list or attach fee sheet. There are no fees associated with this specific project as it will be for private use. N/A d) If there are any fees, please explain where these fees go and what they are used for. In addition, please provide a listing of the fees charged by similar facilities, public and private, in the project area. (For reviewer only) (1-6 points) 81 6) PROJECT VIABILITY: a) Why is the project necessary and what need will it fill? Why are existing facilities insufficient to meet demand? There is no docking space for the Fire department so the boat has to be towed and placed on the water for ever marine emergency. This process adds critical time to the team's ability to immediately intervene and provide water rescue and marine firefighting operations to the community. The Police department currently leases two boat lifts and a docking space on the marina for approximately $36,000 per year. This project is necessary as it allows the patrol boat to remain in a centralized location, eliminate the costs of renting a space, and permits the Fire department to have their vessel at the ready to respond to crises. b) Clearly demonstrate how the project will continue to be maintained and funded after funding is completed. The project will be maintained with the funds allocated through the City budget annually. c) Is this project referenced or incorporated in an existing maritime management, public assess or comp plan? Boating safety is incorporated in maritime management and this project supports existing efforts to make the navigable waterways safe and accessible to all. (For reviewer only) (1-7 points) SUB -TOTAL FIND FORM NO. 91-25 Rule 6613-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14) 82 EVALUATION WORKSHEET DEVELOPMENT & CONSTRUCTION PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2023 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. 7) PERMITTING: a) Have all required environmental permits been applied for? (USACE, DEP and WMD) If permits are NOT required, explain why not. The City is in the process of applying for permitting to meet FIND'S timeline requirement. b) If the project is a Phase I project, please provide a general cost estimate for the future Phase II work. This project is for phase II work. c) Detail any significant impediments that may have been identified that would potentially delay the timely issuance of the required permits. No significant impediments have been identified at this time. (For reviewer only) (1-4 points) 83 8) PROJECT DESIGN: a) Has the design work been completed? If this is a Phase I project, has a preliminary design been developed? Design work is in progress. Preliminary design has been fully developed. b) Are there unique beneficial aspects to the proposed design that enhance public usage or access, minimize environmental impacts, improve water quality or reduce costs? (For reviewer only) (1-2 points) 9) CONSTRUCTION TECHNIQUES: a) Briefly explain the construction techniques and materials to be utilized for this project. Identify any unique construction materials that may significantly alter the project costs. If a Phase 1, elaborate on potential techniques. Jet driven concrete piles will be installed to support a dock system. An aluminum deck and rails will be installed atop the piles. b) What is the design life of the proposed materials compared to other available materials? The proposed design includes incorporating sustainable materials capable of lasting several years, minimizing environmental disturbance and reducing costs. (For reviewer only) (1-3 points) 84 10) ENVIRONMENTAL COMPONENTS: a) How has the facility where the project is located demonstrated commitment to environmental compliance, sustainability, and stewardship? The City of Boynton Beach completed a climate change vulnerability assessment to identify locations and structures risking tidal flooding due to sea level rise. Replacing the existing dock with materials capable of sustaining storm surges and rainfall -induced flooding strengthens the City's commitment to environmental compliance and sustainability. The City also planted 108 new trees at Oyer Park to provide shade and wildlife habitat, help mitigate flooding and enhance site resilience to harsh climate conditions. b) What considerations, if any, have been made for sea level rise impacts in the design and life span of this project? The depth of the concrete piles and the height of the deck will be designed so that the boat docks can still be operational even with sea level rise. (For reviewer only) (1-3 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25A Rule 66B-2.005 (Effective Date: 3-21-01, revised 4-24-06, 1-27-14) 85 EVALUATION WORKSHEET •; 11112 11 KIM:•• '1111" � ;• WATERWAY ASSISTANCE PROGRAM FY 2023 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A LAW ENFORCEMENT OR BOATING SAFETY PROJECT 7) VIABILITY: c) Describe how the project will address particular public health, safety, or welfare issues of the Navigation District's Waterways. Over the last 3 years, BBPD/BBFD's Marine Unit responded to over 1000 calls for service and on the waterways. The US Coast Guard reported 804 accidents in 2020 with 72 fatalities and 514 persons injured. This project will allow Fire rescue and to expand rescue operations beyond the City limits and support the neighboring regions. d) How does the project provide significant benefits or enhancements to the District's Waterways? The project benefits the waterways as it provides immediate response capability to the Fire and Police departments to all of Palm Beach County. There will be a decrease in incidents and fatalities, property damage, negative environmental impact and increased personal safety. (For reviewer only) (1-3 points) 86 8) EXPERIENCE & QUALIFICATIONS: a) List the personnel tasked with the implementation of this project, their qualifications, previous training and experience. BBFD's 5 ALS fire suppression units, transport rescue, technical rescue, Battalion Chiefs, Safety and training Captain. BBPD's marine unit consists of officers well-trained in vessel/personal watercraft operation, maritime law and the local waterways. Yes. b) Have the personnel participated in or received state marine law enforcement training? (For reviewer only) (1-2 points) 9) DELIVERABLES: a) Describe the anticipated, long-term measurable results of implementing this project. Long-term results of implementing this project include reduced number of incidents on the ICW due to more efficient patrols and a significant reduction in emergency response times by both Fire Rescue and Police. b) What is the range or area of coverage for this project? Please provide a map of the coverage area. See attached Map. The project will cover all of Boynton Beach and surrounding municipalities in Palm Beach County. c) Does the project fulfill a particular community need? Yes, the boating safety needs of the community. For reviewer only) (1-4 points) 87 10) EDUCATION: a) What are the educational benefits (if any) of this proposed project? During Manatee season, BBPD educate the boaters to ensure the safety of an endangered species. b) How does the projector program provide effective public boating education or expand boater safety? The project expands boater safety as it allows easier access to patrol the waterways and rapidly intervene during calls for service and emergencies. (For reviewer only) (1 -3 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25C Rule 6613-2.005 (Effective Date: 3-21-01, revised 4-24-06, 1-27-14) /_1III IFITA011141,k141141 PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM FY 2023 (See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios) Project Title: Boynton Beach Boating Safety Project Applicant: The City of Boynton Beach Project Elements (Please list the MAJOR project elements and provide general costs for each one. For Phase I Projects, please list the major elements and products expected) Total Estimated Cost Applicant's Cost (To the nearest $50) FIND Cost (To the nearest $50) New Boating Equipment, Container and Security 12500 6250 6250 Demolition 7500 3750 3750 New floating docks with pilings 74132 37066 37066 New Boat lifts with pilings and electrical 31783 15891.5 15891.5 "TOTALS = $125915 $62,957.5 $62,957.5 Form No. 90-25 (New 10/14/92, Revised 04-24-06) PROJECT TIMELINE WATERWAY ASSISTANCE PROGRAM FY 2023 Project Title: Boynton Beach Boating Safety Project Applicant: The City of Boynton Beach The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including, as applicable, completion dates for: permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE: All funded activities must begin AFTER October 1St (or be consistent with Rule 66B-2.005(3) - Pre -agreement expenses) Date Component April 30th, 2024 Demolition and Construction. FIND Form 96-10 (effective date 04-15- 07) 90 RESOLUTION FOR ASSISTANCE 2023 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Total Estimated Cost $ 0.00 Brief Description of Project: AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the that the project described above be authorized, AND, be it further resolved that said (Name of Agency) (Name of Agency) make application to the Florida Inland Navigation District in the amount of % of the actual cost of the project in behalf of said (Name of Agency) AND, be it further resolved by the (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded underthe attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry outthe Program in the manner described in the proposal and any plans and specifications attached 91 thereto unless prior approval for any change has been received from the District. Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 92 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project tosubstantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expensesincurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the (Agency Governing Board) held on this day of 20 Attest Title (2) at a legal meeting Signature Title 93 Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 94 ATTORNEYS CERTIFICATION OF TITLE 2023 (See Rule 66B-2.006(4) & 2.008(2) FAC) OFFICE OF THE (City or County) ATTORNEY (ADDRESS) (Date), 2023 To WHOME IT MAY CONCERN: I, (Name), an the Attorney for the (City or County), Florida I hereby state that I have examined a copy of a (deed, lease, management agreement, etc.) from to the (City or County) conveying (Type of interest, i.e.. Fee simple, easement, 30 -year lease, etc.) in the following described property: (Brief Legal Description of Property) I have also examined a document showing that this property is listed on the tax rolls as belonging to the (City or County). Finally, I have also examined such documents and records as necessary for this certification. This property is what is now called "(Name of Property as Referenced in the WAP A1212lication)". I Certify that the (City or County) does in fact (Own, Lease, etc.) this property for years. Sincerely, (Name) Attorney, (City or County) 95 FIND Form No. 94-26 (effective date 5-25-00) 96 i LU Z+ to O LL 0 Ul ry C`4 O m c+7 5 4 [1f N N 0 G a a i � Mrd E 0 t+0 V o 00 MO W 97 LU Z+ U) 3: W (D 0 LL O L�i�l L-1 CO (D 0 CL 0 I Lo -I 98 99 C.3City of Boynton Beach 0 1.5 3 6�9Miies N Water WE ( PBC Boundary Print Date: 03%01/22 s 100 6.E Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Task Order No. CRSUTL-01-2023 for Community Rating System 2023 Annual Recertification. Requested Action by Commission: Approve Task Order No. CRSUTL-01-2023 with Lori Lehr, Inc. in the amount of $78,500.00 in accordance with RFQ No. UTI -23-001, Community Rating System (CRS) and Climate Resilience Planning Professional Support Services awarded by City Commission on May 2, 2023 for tasks associated with the Community Rating System 2023 yearly recertification. Explanation of Request: The National Flood Insurance Program's (NFIP) Community Rating System (CRS) was implemented in 1990 as a voluntary program for recognizing and encouraging community floodplain management activities exceeding the NFIP's minimum standards. Flood insurance rates, which are calculated by the Federal Emergency Management Agency's (FEMA's) NFIP, are determined in part by the work that each community does to reduce the effects of flooding in the community. The CRS uses a Class Rating System that is similar to fire insurance rating to determine flood insurance premium reductions for residents. The CRS Class Ratings are rated from 10 (no premium reduction) to 1 (45% premium reduction). Each class rating improvement accounts for an additional 5% premium reduction for the City's residents. The City of Boynton Beach CRS Class 5 ranking provides 25% flood insurance discount for property and business owners in the City. The scope of work to be provided by Lori Lehr Inc. in support of the City's CRS 2023 yearly recertification, includes: • extensive review of the City's Elevation Certificates; • yearly update of the Program for Public Information plan, outreach materials and website; • reports and documentation for each department involved in the production of the documentation for CRS compliance (Utilities, Public Works, Building Department, Fire Rescue, Community Standards, Planning & Zoning, Information Technology Services, 101 and City Manager's Office); and • providing additional activities to support advancement in the CRS program. How will this affect city programs or services? Activities related to the documentation required for the 2023 CRS annual recertification submission are due on or before August 1, 2023. The City must respond to the recertification inquiries conducted by the CRS program administrator and the Insurance Services Office (ISO) and for property and business owners in the City to continue to receive the current insurance discount of 25% on their flood insurance. The CRS program supports the implementation of climate adaption strategies recommended by the 2021 Multi -Jurisdictional Climate Change Vulnerability Assessment. The City's CRS Class 5 ranking 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. Fiscal Impact: Funding of $78,500.00 is available in the Utilities Fund account: 403-5000-538.65-09 Project: STM Attachments: Boynton Beach Proposal CRS Support Services 2023 Final.docx 102 I ,LORI LEHR INC. Lori Lehr, CFM tl�/�"3 727.235.3875 �YOUR LINK TO CRS SUCCESS lori@lorilehrinc.com April 24, 2023 Angela Prymas, P.E. Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Road, Boynton Beach, Florida 33435 Via Email: prymasA@bbfl.us RE: Proposal for Community Rating System Evaluation and Support Services for the 2023 Annual Recertification Process Dear Ms. Prymas, Lori Lehr Inc. is pleased to submit a proposal for providing professional services to the City of Boynton with support services for the upcoming CRS 2023 Recertification under the Community Rating System (CRS) for the National Flood Insurance Program (NFIP). To provide Boynton Beach with support services for the CRS annual recertification process project due on August 1, 2023, Ms. Lehr and Del Schwalls, P.E. will work together to complete following: 1. Mr. Schwalls will conduct an extensive review of the City's Elevation Certificates for compliance with the NFIP and the CRS Program conducted. Elevation Certificate compliance is a prerequisite to participation in the CRS program. All requested Elevation Certificates are to be submitted to Mr. Schwalls for review and processing no later than July 1, 2023. 2. Ms. Lehr will support the project by coordinating with staff to collect, review and process the required documentation for the 2023 CRS annual recertification submission due to ISO on or before August 1, 2023. All requested documentation must be submitted to Ms. Lehr for review and processing no later than July 1, 2023. Ms. Lehr will complete the following work: a. Guidance with completing the Program Data Table. b. Review of map services log and data sources. c. Conduct annual Program for Public Information (PPI) meeting in March of 2021 and prepare PPI progress report to include an evaluation of flood insurance trends with the promotion of flood insurance. d. Review annual outreach projects for compliance with the PPI. e. Review flood protection information in the Palm Beach County Library and on the Boynton Beach website. f. Review open space calculations if new Flood Insurance Rate Maps (FIRMS) have been adopted. g. Review flood data maintenance mapping for compliance with the current CRS credit. h. Review the repetitive loss data for potential updates and prepare the annual progress report for the Repetitive Loss Area Analysis. i. Prepare the annual progress report for the Palm Beach County Local Mitigation Strategy as it applies to Boynton Beach. 103 City of Boynton Beach Community Rating System Program Support Service j. Review drainage maintenance activities for compliance with CRS commitment. k. Assist with identifying required documentation for annual activities to maintain CRS credit for flood warning and response activities. Boynton Beach is expected to conduct a flood exercise and a test of the emergency broadcast systems. I. Collate, format, and submit documentation to ISO the annual recertification process. All requested documentation must be submitted to me no later than July 1, 2023, to guarantee delivery to ISO on or before August 1, 2023. Professional Fee: Task Hours Rate Cost Task 1. EC Review - Del Schwall 30 $250.00 $7,500.00 Task 2. Annual Recertification Review a. Program Data Table 10 $200.00 $2,000.00 b. Map Services 10 $200.00 $2,000.00 c. PPI Meeting and Report 70 $200.00 $14,000.00 d. Outreach Projects 40 $200.00 $8,000.00 e. Flood Protection 10 $200.00 $2,000.00 f. Open Space 15 $200.00 $3,000.00 g. Flood Data Maintenance 10 $200.00 $2,000.00 h. Repetitive Loss 60 $200.00 $12,000.00 i. Local Mitigation Strategy 40 $200.00 $8,000.00 j. Drainage Maintenance 10 $200.00 $2,000.00 k. Flood Warning and Response 20 $200.00 $4,000.00 I. Annual Recertification Submission 60 $200.00 $12,000.00 385 $78,500.00 Total Fee of $78,500.00 The total fee shall not be exceeded without further written authorization by the City of Boynton Beach. This Proposal is only for the items specifically mentioned above. The project shall be billed monthly based upon the hourly rate schedule above. Please Note: Reimbursable travel expense, such as mileage, hotel, and per diem is not included in the estimated. I look forward to working with you and appreciate the opportunity to submit this proposal for additional CRS support services. Please contact me if you have any questions. Sincerely, Lori Lehr, CFM Lori Lehr Inc. ��f�„�, LORI LEHR INC. 104 6.F Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Resolution No. R23-057- Award RFP No. EV23-023 - Fireworks Displays. Requested Action by Commission: Approve and authorize the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. EV23-023 for the Fourth of July Fireworks displays for 2023 and 2024, with an additional three (3) one-year options to renew. Explanation of Request: On March 27, 2023, the Request for Proposals for Fireworks Displays was advertised in the legal notices section of the Palm Beach Post and distributed to 145 prospective suppliers via the City's electronic bidding platforms. The RFP invited Vendors to provide a proposal for a Fireworks Displays at the following separate price points: Sixty -thousand Dollars ($60,000) Seventy -thousand Dollars ($70,000) Eighty -thousand Dollars ($80,000) On April 25, 2023, Procurement services received and opened one (1) proposal in response to the RFP, which was reviewed by Purchasing Services to ensure the proposal met the RFP requirements. On May 2, 2023, in a public noticed evaluation meeting, the Selection Committee, composed of City Staff from Events, Police Department, and Fire Department, discussed and reviewed their scoring of the proposal. The Evaluation Committee was unanimous in their decision to make a recommendation to the City Commission to approve the ranking and award the contract to Zambelli Fireworks Manufacturing Co. The initial term of the contract is two (2) years beginning on May 17, 2023 and may be renewed for three (3) additional one-year terms subject to satisfactory performance, vendor acceptance, and determination that the renewal will be in the best interest of the City. How will this affect city programs or services? The Events team is taking the lead role in organizing this event. However, various City departments are involved in the safety and success of the July 4th celebration, including Police Department, Fire Department, and Public Works Department. Fiscal Impact: This item is budgeted for this fiscal year. 105 Attachments: Reso R23-057 Fireworks_Display_-_Zambelli_2023_-_Reso.pdf Zambelli - Agreement EV23-023.pdf RFP - Fireworks.pdf Zambelli Fireworks - Proposal.pdf EV23-023EvaluationSummary.pdf 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R23-057 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH ZAMBELLI FIREWORKS MANUFACTURING CO. OF BOCA RATON, FL AS A RESULT OF RFP NO. EV23-023 FOR THE FOURTH OF JULY FIREWORKS DISPLAYS FOR 2023 AND 2024, WITH AN ADDITIONAL THREE (3) ONE-YEAR OPTIONS TO RENEW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 25, 2023, Procurement services received and opened one (1) proposal in response to the RFP, which was reviewed by Purchasing Services to ensure the proposal met the RFP requirements; and WHEREAS, on May 2, 2023, in a public noticed evaluation meeting, the Selection Committee, composed of City Staff from Events, Police Department, and Fire Department, discussed and reviewed their scoring of the proposal and the Evaluation Committee was unanimous in their decision to make a recommendation to the City Commission to approve the ranking and award the contract to Zambelli Fireworks Manufacturing Co.; and WHEREAS, City staff recommends to the City Commission that it approve the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. EV23-023 for the Fourth of July Fireworks displays for 2023 and 2024, with an additional three (3) one-year options to renew. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 25 OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 approves and authorizes the City Manager to sign an agreement with Zambelli Fireworks 31 Manufacturing Co. of Boca Raton, FL as a result of RFP No. EV23-023 for the Fourth of 32 July Fireworks displays for 2023 and 2024, with an additional three (3) one-year options SACA\RESO\Agreements\Fireworks Display- Zambelli (2023) - Reso.docx 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 to renew. A copy of the Agreement is attached hereto and incorporated herein as Exhibit „A„ Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 16th day of May, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney SACA\RESO\Agreements\Fireworks Display- Zambelli (2023) - Reso.docx 108 SERVICE AGREEMENT BETWEEN THE CITY OFBOYNTDN BEACH AND ZAMBELL|F|REWORKS MANUFACTURING CO. THIS AGREEMENT ("Agreement"), is entered into between the City ofBoynton Beach, e 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 toas "CITY", and ZembeUi Fireworks Manufacturing Co. a corporation authorized to do business in the State of Florida, with a business address of 1060 Holland Drive, Suite J.Boca Raton, FL 33487.hereinafter referred toamthe "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 tothe Fireworks Displays. 2. SCOPE C]FSERVICES. VENDOR agrees to perform the services required for the Fireworks Displays. 3. TIME FOR PERFORMANCE, Work under this Agreement shall commence upon the giving ofwritten notice by the CITY to the VENDOR tn proceed, VENDOR shall perfnmn all services and provide all work product required pursuant iothis Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on May 17, 2023 and shall remain in effect through May 16, 2025. The CITY reserves the right to renew the agreement for three (3) 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, 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule ofPrices tothis Agreement aafollows: A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount ofpayment toVENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager ordesignee, & The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will bechecked bythe CITY, and upon approval thereof, payment will bemade tmthe VENDOR inthe 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 bythe CITY. O. 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, 109 R 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. 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. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. 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. 8. 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 Agreeir eht 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. 9. 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 polices 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: 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 subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 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 110 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 limitfor 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 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 cancelled 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. 10. 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 contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. 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 111 otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. 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. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 14. 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. 15. 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. 16. 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. 17. 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 Notices to VENDOR shall be sent to the following address: Zambelli Fireworks Manufacturing Co. Tony Sawdey 1060 Holland Drive, Suite J Boca Raton, FL 33487 18. 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. 19. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: 112 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 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 20, SCRUTINIZED COMPANIES. By execution of this Agreement, 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 VENDOR 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 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. 21. E -VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. "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 salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. 113 ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "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. B. 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: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 iii. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 114 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Attest/Authenticated: Maylee DeJesus, City Clerk Approved as to Form: Michael D. Cirullo, Jr. Office of the City Attorney 2023. ZAMBELLI FIREWORKS MANUFACTURING CO. (Signature), Authorized Official Printed Name of Authorized Official �cC, Title (Corporate Seal) Attest/Authenticated: Witness 115 116 REQUEST FOR PROPOSALS (RFP) FOR FIREWORKS DISPLAYS RFP No. EV23-023 CITY OF BOYNTON BEACH CITY HALL 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ONLINE SUBMISSIONS ONLY RFP CLOSING DATE: NO LATER THAN APRIL 24, 2023, 2:30 P. M. Boynton -beach. bidsandtenders. net Question Deadline: April 10, 2023, No Later Than 12:00 P.M. EV23-023 Fireworks Displays REQUEST FOR PROPOSALS FOR FIREWORKS DISPLAYS RFP No. EV23-023 TABLE OF CONTENTS Tableof Contents..............................................................................................................1 Noticeto Proposers..........................................................................................................2 Section 1 — Background and Scope of Services.............................................................4 - 8 Section 2 — Instructions to Proposers............................................................................. 9-10 Section 3 — General Conditions......................................................................................11 -20 Section 4 — Proposal Submission Requirements............................................................21 -23 Section 5 — Evaluation of Proposals...............................................................................24 Submittal of General Information, Procurement Forms, and Documents To be Completed and Uploaded Online Appendix`A'......................................................................................................................25 Proposer's Qualification Statement.......................................................................26-31 Anti -Kickback Affidavit........................................................................................... 32 Non -Collusion Affidavit of Proposer and Certification of Proposer ......................... 33-34 Certification Pursuant to Florida STATUTE § 287.135 ........................................... 35-36 E -Verify Form........................................................................................................ 37-38 ProductListing.......................................................................................................39 DisplayListing.......................................................................................................40 Appendix`B'.................................................................................................. 41 Draft Contract Agreement.........................................................................42-48 Insurance Advisory Form..........................................................................49 1 EV23-023 Fireworks Displays REQUEST FOR PROPOSALS FOR FIREWORKS DISPLAYS RFP No. EV23-023 NOTICE TO PROPOSERS Electronic Proposals shall be received by the bidding system no later than April 24, 2023, No Later Than 2:30 PM (Local Time). All Proposals will be publicly opened and only the names of the Proposers will be disclosed. RFP's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that you allow sufficient time to complete your online submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton -beach. bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking proposals from creative, qualified, and experienced firms to provide a total electrically fired Fireworks Display to include the cost of the barge, tug boat, Fire Rescue, Marine Patrol, and all permits for the Forth of July Fireworks Celebration located in the intracoastal waterway at Intracoastal Park and Clubhouse, 2240 North Federal Highway, Boynton Beach, FL 33435. ELIGIBILITY: A. Proposers shall have third -party certification through the American Pyrotechnics Association, Pyrotechnics Guild International, Inc. or equivalent. B. Proposers shall have a continuing education and safety program for its displays operators, assistants, and other staff involved in the handling, transporting, and firing of shells. C. Proposers shall have a Federal Explosives License issued by the Bureau of Alchol, Tobacco, Firearms and Explosives. D. Staff responsible for transporting the fireworks shall have a CDL license with the proper hazmat endorsements. EV23-023 Fireworks Displays LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for an award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this RFP are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH EV23-023 Fireworks Displays 17 SECTION 1 — BACKGROUND, AND SCOPE OF SERVICES BACKGROUND The City of Boynton Beach is a South Florida coastal community of over 80,000 residents located in central Palm Beach County. The City is midway between Fort Lauderdale and West Palm Beach and is neighbored to the north by Lantana, Lake Worth and to the south by Delray Beach and Boca Raton. This 16.5 square mile community is home to a diverse population. Among its many community events, the City celebrates the annual Fourth of July Celebration at its premier waterfront property on the Intracoastal Waterway. The event includes live music, family friendly activities, food and fireworks from 6:30 p.m. to 9:30 p.m. (Fireworks are at 9:00 p.m.) TERM OF CONTRACT The initial contract term is for a two (2) year contract: July 4, 2023 and July 4, 2024 with an option to renew for three (3), one (1) year renewal periods, if mutually agreeable and determined to be in the City's best interests. SCOPE OF SERVICES The awarded Proposer shall be responsible for the successful, timely, and uninterrupted fireworks display at the City's Fourth of July Celebration. The fireworks displays shall be synchronized to pre -approved music. Proposer shall provide a list of fireworks, shells, and special effects, required or proposed for the Fireworks Display that meets the terms, conditions, and specifications contained in this RFP. Proposers are required to provide a technical proposal for a Fireworks Display at the following separate price points: • Sixty -Thousand Dollars ($60,000.00) • Seventy -Thousand Dollars ($70,000.00) • Eighty -Thousand Dollars ($80,000.00) These price points shall be inclusive of all charges, such as, but not limited to barge, permitting, staffing, and security. PERFORMANCE STANDARDS The Fourth of July displays will be held July 4, 2023 and July 4, 2024. The displays shall begin sharply at 9:00 p. M. The displays shall continue for no less than twenty-five (25) minutes with no period of time from opening to finale where there is not a display in the air. The time of the display shall not include any opening or closing commentary. 4 EV23-023 Fireworks Displays Provide written procedures outlining plans for delivery, set-up, and discharge of fireworks display in response to variable weather at least four (4) weeks prior to display date. The awarded proposer agrees that should inclement weather be forecasted preventing a fireworks display then such display must be implemented on the next feasible (good weather) agreed upon by both parties and without any deduction in the number of shells without additional costs to the City. In the event that the fireworks have been prepared, anticipating good weather, and inclement weather prevents igniting, then such display of fireworks must be implemented on the next feasible (good weather) agreed upon by both parties in the best possible manner and without additional costs to the City. The Fourth of July shows shall be displayed from a barge placed on the Intracoastal Waterway, facing the City's Intracoastal Park and Clubhouse, 2240 North Federal Highway, Boynton Beach, FL 33435. REQUIREMENTS GENERAL Awarded proposer must furnish all equipment necessary to effectively and safely produce the required fireworks display. Fee must be all inclusive for the fireworks display, including, but not limited to equipment, permitting, barge, port fees, loading and unloading, security and costs. No other fees will be paid by City. The barge must be in the designated fireworks shooting location and fully prepared no later than 6pm. The awarded proposer is responsible for securing the area around the shooting location and will remain in that location until after the event when the City or auxiliary services determines it can be moved safely. Upon completion of the of the display, all equipment and debris related to the set-up and discharge of fireworks display must be immediately removed after the show, and once safe to do so, including retrieval and removal of any unexploded or defective fireworks, frames, set and lumber. Awarded proposer will be fully responsible for any costs incurred by the City in connection with debris left on the City's property. Awarded proposer shall be responsible for any and all damage to fireworks location due to load -in and load -out. STAFFING All fireworks areas utilized must be secured by professional personnel to oversee that equipment and safety is not compromised, at no additional cost to the City. A representative of the company that is authorized to legally bind and make decisions for the company must be available by phone five (5) days prior to the display date. In the event of an emergency, representative must be on-site within four (4) hours of the emergency. Representative must have radio or phone contact with personnel on the barge (or at designated location for other firework displays). Radio or phone contact with personnel on the barge must be provided to the City of Boynton Beach five (5) days prior to the event date. Each display shall require two (2) professionally pyro-technicians (Display Operators). Operators must be trained, certified and experienced in major electronically fired shows and in the handling, transporting and discharge of fireworks. In addition, the Display Operators must have the appropriate number of assistants to set-up and fire the display. i. Display Operators and assistants shall be at least twenty-one (21) years of age. ii. Display Operators shall have experience as a Display Operator in at least five (5) shows equal to, or greater than, the display to be provided to the City of Boynton Beach. iii. On-site Display Operators shall be named in the Qualifications Statement. iv. Changes to the Display Operators shall be pre -approved by the City. EV23-023 Fireworks Displays CONTRACTOR'S RESPONSIBILITIES Observe and comply with all of the current NFPA Code 1123, 1124 and 1126 and any changes to the code enacted during the term of the contract. File a permit application through the Boynton Beach Fire Rescue Department a minimum of thirty (30) days prior to the display. Abide by all police, fire, local, state and U.S. Coast Guard and marine patrol requirements, as well as the Federal Aviation Administration. Obtain and provide a copy of all applicable permits and approvals to City at least three (3) weeks prior to the show. Permit costs are the responsibility of the awarded proposer. Awarded proposer shall obtain, at their expense, all permits required and comply with all federal, state and local ordinances. Practice the most current and stringent industry safety standards at all times and comply with all applicable laws and regulations. ACCESS and INSPECTIONS Awarded proposer must provide the Boynton Beach Fire Rescue with a detailed, finalized shot list including all fireworks to be loaded on the barge, at least three (3) weeks prior to the event. Fireworks transfer within the City limits is prohibited without the express prior written approval of the City and Boynton Beach Fire Rescue. Proposer shall have Boynton Beach Fire Rescue on site for load in, if it is within the City Limits. The Boynton Beach Fire Rescue shall be permitted to inspect any and all fireworks to be used to determine compliance with all state and local requirements, including NFPA 1123, at any time. Awarded proposer shall correct any safety hazards deemed necessary by Boynton Beach Fire Rescue and the City of Boynton Beach Human Resources and Risk Department. Awarded proposer must be responsible for storage, and all related costs, of fireworks prior to placement on the barge. Deliver and secure fireworks to the loading area no later than 12:00 p.m. the day before the show. Provide notification at least forty-eight (48) hours in advance of inventory check, a printed, detailed, itemized, inventory shipping list of all shells shipped for fireworks display. If the display will be on a Sunday or Monday then notification shall be on the Friday prior to the show. Notification must be directed to the Boynton Beach Fire Rescue. Adequate time must be allowed for the Fire Inspector to do the final count and inspection to include photographs. Provide any variations of the forty-eight (48) hour inventory check of all shells no later than 10:00 a.m. on show day. All fireworks packages shall be clearly labeled as to size, type, quantity and country of origin and what shells contain multiple projections. All firework shells utilized must have been tested and assigned "EX" numbers by the appropriate regulatory agency. EV23-023 Fireworks Displays 17 Allow total access of contractor operations to the Boynton Beach Fire Rescue at all times of the day at the shot site. COMMUNICATIONS Attend one pre -show meeting at City Hall, at least three 3 weeks in advance, that will include load -in and load - out procedures, and City staffing required (e.g., Fire and Police Services), with City Staff and Boynton Beach Fire Rescue at no additional cost to the City. The date and time shall be at the discretion of the City. Individual representing company, and all Display Operators, shall have a working cellular phone and provide the designated City personnel with the cellular phone number. If deemed necessary by the City, provide at least six (6) communication radios, at no additional costs to the City, for direct contact between Display Operators (2), Boynton Beach Fire Rescue Office (2), and City Staff (2), for the day of the show beginning with the inventory check. Radio contact must be maintained throughout the day until the show is completed and a basic verbal evaluation is completed. In the event of any show deviations or misfirings, the awarded proposer shall immediately notify authorized City Staff of the incident. The authorized City staff will be identified in the pre -show meeting(s). DISPLAY Displays must begin promptly at 9:00 p.m. local time. The display shall continue for no less than twenty-five (25) minutes with no period of time from opening to finale where there is not a display in the air. The time of the display shall not include any opening or closing commentary. The display shall be synchronized to pre -approved music. The play list, as well as timing and length of each song segment, shall be sent to the City via an online transfer for pre -approval no later than three (3) weeks prior to the show. Displays must be put on by using electrical firing only. The height of all fireworks shall be a minimum of 300 feet and shall not exceed 800 feet. Fireworks shells must be between three inches (3") and ten inches (10"). Shows shall include a minimum of two special effects. Tails of shells shall not be counted as an additional or separate shots; however, shells with tails shall be noted. LIQUIDATED DAMAGES Because of the difficulty of determining damages for default with any precision, Awarded Proposer agrees that if award a contract resulting from this competitive solicitation that, if the work, or any part thereof, is not completed within the time specified or any extension thereof, the Awarded Proposer shall be liable to the City as outlined in the table below, as fixed and agreed upon liquidated damages and not as a penalty. Awarded Proposer agrees that City shall have the right to deduct from and retain out of moneys that may be then due or which may become due and payable to the Awarded Proposer, the amount as such liquidated damages. The Awarded Proposer agrees that this is not a penalty. EV23-023 Fireworks Displays ACTION CAUSED BY CONTRACTOR LIQUIDATED DAMAGES Delays in the Start Time $1,000.00 for a delay of 5 Minutes and an additional $1,000.00 for each minute thereafter. Breaks in the Show (Dead Air Time) $1,000.00 for a delay of 3 Minutes and an additional $1,000.00 for each minute thereafter. Delays shall be combined. Show Time less than 25 Minutes $1,000.00 for a show lasting 24 Minutes and an additional $1,000.00 for each minute less thereafter. Shells Missing from Inventory or not Fired $250.00 for each shell, $2000.00 forspecial effects. EXCEPTION: If weather conditions or other safety factors, as determined by the City's Fire Marshall, require a delay. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. EV23-023 Fireworks Displays 17 REQUEST FOR PROPOSALS FOR FIREWORKS DISPLAYS RFP No. EV23-023 SECTION 2 — INSTRUCTIONS TO PROPOSERS 1. Electronic Requests for Proposals (RFP's) shall be received by the bidding system no later than April 24, 2023, No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Proposer to have their RFP submittal submitted online. 3. Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. 4. It is the responsibility of the Proposers to have received all Addenda that are issued. Proposers should check online at Boynton- beach. bidsandtenders.net prior to submitting their Bid and up until Bid closing time and date in the event, additional addenda are issued. 5. To obtain documents online please visit Boynton-beach.bidsandtenders.net. You can preview the bid documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Proposers are cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Bid is submitted, as Bid transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Proposers should contact Bids & Tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their bid was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support6d0dsandtenders.ca. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this Invitation to Bid, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposers to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making RFP responses to the City are to be borne by the Proposers. EV23-023 Fireworks Displays 17 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior to execution. 14. Each proposer, by submission of a bid response, acknowledges that in the event of any legal action challenging the award of an RFP; damages, if any, shall be limited to the actual cost of the preparation of the ITB. 15. References to the term "bid" shall be construed to mean "proposal'. 16. As used in the Request for Proposal, the words proposer, bidder, and contractor may be used interchangeably and when so used, deemed to mean proposer. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. lul EV23-023 Fireworks Displays SECTION 3 — GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The Proposer is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Proposer will in no way relieve Bidder of responsibility to adhere to such regulations. 2. RFP FORMS: The bidder will submit a bid on the bid forms provided. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. Proposals not submitted on appropriate price proposal forms may be rejected. All proposals are subject to the conditions specified herein this solicitation document. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFP: Proposal must contain an manual signature of a authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. RFP DEADLINE: It is the Proposer's responsibility to assure that the RFP is submitted electronically by or at the proper time and date prior to the RFP deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHT TO REJECT RFP: The City reserves the right to reject any or all RFP's , waive technical errors, or to accept any RFP's that are in part deemed to be the most responsive, responsible Vendor(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a Vendor's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreement/contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity, or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; 11 EV23-023 Fireworks Displays 17 F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 9. QUALIFICATIONS OF PROPOSER: The City will only consider solicitation responses from companies normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel, and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms, and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate an inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to a successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 10. DISQUALIFICATION OF PROPOSER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: A. Not including an executed Bidder signature. B. Not being licensed to perform the required work or to provide the required product. C. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." D. Not completing the Bid Submittal Forms as required. 11. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 12. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the RFQ deadline. Inquiries must reference the date by which the BID is to be received. 13. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Proposers must disclose with their proposal, the name of each of its employees, agents, or relatives who are employees of the CITY. 12 EV23-023 Fireworks Displays The Proposer represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual, or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. A. The Bidder represents that it presently has no interest, either direct or indirect while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee, or agent of the CITY. B. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. C. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest, or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 14. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13 EV23-023 Fireworks Displays I2 15. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system Boynton -beach. bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda that are issued. Bidders should check online at Boynton- beach. bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and addenda have been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 17. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 18. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY". 19. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 20. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 21. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 22. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tender's final payment to the respondent. 14 EV23-023 Fireworks Displays I2 23. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 24. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 25. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 26. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 27. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 28. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or action. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees, and damages that may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 29. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received, and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. ik, EV23-023 Fireworks Displays I2 30. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified 31. FUNDING OUT: The resultant 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 for 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. 32. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 33. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 34. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 35. PRICES, TERMS, AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally, the prices must be submitted in units of quantity whereby both unit price and the extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre -paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. 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. Payment shall be made only after installation and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 36. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 37. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions, and all instructions pertaining to the ITB. 38. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". iG EV23-023 Fireworks Displays I2 All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: A. Contain the Bidder's Federal Employer Identification Number. B. Clearly reference the subject Contract or Purchase Order number; C. Provide sufficient salient description to identify the goods or services for which payment is requested; D. Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or "final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 39. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at a lower price. 40. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment, and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 41. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 42. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 43. PALM BEACH COUNTY INSPECTOR GENERAL: 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 any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. 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 subcontractors 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. 17 EV23-023 Fireworks Displays I2 44. 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 Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor 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, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DEJESUS, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 DEJESUSM(a)-BBFL.US 45. LOCAL BUSINESS PREFERENCE; The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue -generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, the business entity which has maintained a permanent place of business with full-time employees within the City limits for a minimum of one (1) year prior to the date of issuance of this solicitation, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. W. -I EV23-023 Fireworks Displays I2 Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 46. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 47. EQUITABLE ADJUSTMENT: The CITY may, in its sole discretion, make an equitable adjustment in the contract terms and conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: A. The volatility is due to causes wholly beyond the successful BIDDER's control; B. The coilability affects the marketplace or industry, not just the particular successful BIDDER'S source of supply; C. The effect on pricing or availability of supply is substantial; D. The volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Any adjust would require irrefutable evidence and written approval by the City Manager or designee. 48. 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. 49. E -VERIFY: Contractor / Progressive Design -Build Team is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: "Contractor / Progressive Design -Build Team" 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 / Progressive Design -Build Team" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor / progressive design -build team or another subcontractor in exchange for a salary, wages, or other remuneration. "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. B. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors / Progressive Design - Build Team, shall register with and use the E -verify system in order to verify the work authorization status iK EV23-023 Fireworks Displays I2 of all newly hired employees. Contractor / Progressive Design -Build Team 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 / Progressive Design -Build Team 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 / Progressive Design -Build Team to perform work pursuant to the contract with the City of Boynton Beach. The Contractor / Progressive Design -Build Team 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 / Progressive Design -Build Team 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/ Progressive Design -Build Team 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 / Progressive Design -Build Team 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 / Progressive Design -Build Team, the Contractor / Progressive Design -Build Team may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 20 EV23-023 Fireworks Displays I2 REQUEST FOR PROPOSALS FOR FIREWORKS DISPLAYS RFP No. EV23-023 SECTION 4 — PROPOSAL SUBMISSION REQUIREMENTS 1. SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this REQUEST FOR PROPOSALS. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the REQUEST FOR PROPOSALS requirements. The selected Firm shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFP. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing and business permits related to the Work specified herein. C. Detailed Proposal. Each of the seven (7) sections listed below shall be completed online through the bidding system. 1) Letter of Interest The letter of interest shall summarize the Proposer's primary qualification and the firms' commitment to providing the proposed services 2) Firm's Qualifications a) Complete the Proposer's Qualification Statement b) Describe the Firm and provide a statement of the Firm's Qualifications for performing the requested 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. 3) Minimum Qualifications To be considered responsive to this competitive solicitation, the Proposer shall submit information and documentation requested that confirms it meets the following qualification requirement(s): a) Display Operators shall have third -party certification through the American Pyrotechnics Association, Pyrotechnics Guild International, Inc. or equivalent. 21 EV23-023 Fireworks Displays I2 b) The Proposer shall have a continuing education and safety program for its display operators, assistants, and other staff involved in the handling, transporting, and firing of shells. c) The Proposer shall have a Federal Explosives License issued by the Bureau of Alcohol, Tabacco, Firearms and Explosives. d) Staff responsible for transporting the fireworks shall have a CDL license with the propoer hazmat endorsements. 4) Experience To be considered responsive to this competitive solicitation, the Proposer shall submit information and documentation requested that confirms it meets the following experience requirement(s): a) Describe the experience of pyrotechnicians, size of crew, and number of shooters onsite. b) Describe the length and quality of company experience. c) Describe the performance of other fireworks display shows, including records. d) Describe experience working with other governmental entities, particularly municipalities. Provide contact information for at least three (3) references, the time the firm was engaged and a list of accomplishments for each. e) Describe experience coordinating with other events in South Florida. 5) Approach and Capacity a) Provide a detailed narrative description of the proposed approach and methodology for engaging with City representatives while in the course of performing the duties. b) The overall approach to delivering the Scope of Services and any strategies Respondent proposes to implement. c) Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services. d) Details of implementation plan and schedule. e) Proposer shall thoroughly explain: i. Its accessibility in the areas of availability for meetings, general communications, coordination, and supervision. ii. How the proposer physically plans on attending pre -scheduled meetings. iii. How the proposer plans on ensuring accessibility and availability during the term of the agreement. 6) References — Past Performance Provide a list of three (3) governmental agencies references for similar 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 of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. 22 EV23-023 Fireworks Displays Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designees will email 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. 7) Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded, and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included in order for your submittal to be completed and accepted. a) Online Forms ❑ Product Listing — Shell Sizes ❑ Display Description ❑ Letter of Interest ❑ Confirmation of Minority -Owned Business ❑ Local Business Certification ❑ References ❑ Schedule of Sub-Consultant/Sub-Contractor b) Upload Online ❑ Firm's Qualifications ❑ Qualifications of Project Team ❑ Experience ❑ Approach and Capacity ❑ Anti -Kickback Affidavit ❑ Non -Collusion Affidavit ❑ Certification Pursuant to Florida Statute § 287.135 ❑ Professional Licenses / Permits / W-9 ❑ E -Verify Form ❑ Supplemental Information Relative to this RFP c) Online Acknowledgements ❑ Proposer acknowledgment ❑ Palm Beach County Inspector General ❑ Confirmation of Drug -Free Workplace ❑ Addenda acknowledgment THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 23 EV23-023 Fireworks Displays 1d M REQUEST FOR PROPOSALS FOR FIREWORKS DISPLAYS RFP No. EV23-023 SECTION 5 — EVALUATION OF PROPOSALS EVALUATION CRITERIA The City will assemble an Evaluation and Selection Committee, herein referred as "Selection Committee" comprised of City staff, and outside consultant(s), if deemed necessary. The Committee shall conduct an electronic evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best -qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP, and will be evaluated as follows: CRITERIA POSSIBLE POINTS 1. Approach and Implementation 45 2. Firm Qualifications 30 3. Proposed Products Listing 10 4. References 10 5. Local Preference 5 TOTAL 100 A Selection Committee meeting will be scheduled and publicly noticed. All Committee members scores will be electronically opened for discussion. (Audience may not participate in discussions). Upon final ranking, the list of proposer(s) recommended for an award will be submitted to the City Commission for approval. Upon approval by the City Commission, the City Manager will execute an agreement(s) based on the attached draft contract developed from this REQUEST FOR PROPOSALS. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. 24 EV23-023 Fireworks Displays APPENDIX "A" 25 EV23-023 Fireworks Displays Vo N 0u PROPOSER'S QUALIFICATION STATEMENT III III 1115,43 IIL... „IAII IIL. IA III I IIIII III III , IIL.. III „ m Io.J 1 w L.........=.....................................................L:..............................L.................................................L=.....................................................................................................................................................................I.IIC .S�....II.IC. ... „'' III IIS III III': III'';IIIII III' IC III'';IIIII ;,',„;;, IIIA III' ”" IIL...... IIIIIIIIII"" IIIIIIIIII II' M III'...°lu ui!'.;„;, ill„' IIIIIIIIII III ”" ”""" , IIIIIII IIL...... III'';IIIII ...................................................................................................................................................................................................................................... The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Submitted By: Name: Address: CITY, State, Zip: Telephone No.: Fax No.: Email Address.: Check One Corporation Partnership Individual Other 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. b. C. d. Date of Incorporation: _ State of Incorporation: President's name: Vice President's name: e. Secretary's name: EV23-023 Fireworks Displays 26 3. f. Treasurer's name: g. Name and address of Resident Agent: If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers, or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach the certificate of competency and/or state registration. 8. Did you attend the Pre -Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where, and why: 27 EV23-023 Fireworks Displays 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of the attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non -Governmental Related Work Total Work a +b 28 EV23-023 Fireworks Displays 9d Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone 18. Describe policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? 29 EV23-023 Fireworks Displays 1d YES = NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 22. What will be your turnaround time for written responses to City inquiries? 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business-related offenses to which the Proposer, its principals or officers, or predecessors' organization(s) were defendants. 26. Has the Proposer, its principals, officers, or predecessors' organization(s) been convicted of a Public Entity Crime, debarred, or suspended from bidding by any government during the last five (5) years? If so, provide details. 30 EV23-023 Fireworks Displays The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by the owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of , 2023 Notary Public (Signature) My Commission Expires: 31 EV23-023 Fireworks Displays 9d ANTI -KICKBACK AFFIDAVIT II,,, 1 1 ... N, 1 mm V „u ... „u ..w .„m I 1 a I .. M III M III � III �'�,�„.m IIL....... M �� III .� IIL....... �� IIIA III 111......111....... M 111.......111 � A, II �M II � ~u M„.,M III .� IIIM III M M IIL....... III I III II uM �� III ��, III 1111.......111 m, III !� III m, III III u,, I III C SAL III ,�� III�A,��„.m IIL....... M .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. CIIIIM'IIIIII'tIIIIIIIIIIIII C°'IIIMIII'''I"IIL......IIIIIIIIII M IIIIIIIIII AII' MIII''N u1!''ww° IIIIIIIII M""AIII1tIIL......IIIIIIIIII STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward, or gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP By: NAME - SIGNATURE , 2023 Printed Information: NAME TITLE COMPANY EV23-023 Fireworks Displays 32 NON -COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER .. ...� ...� V W„ .. ...� V M III"'°M III Ili "m i. , „d m III'........ M � 1 III': s� III'........ � m � � IIIA III II M IIL....... IIL.I m' , II M IL.,) „� M�M IIL.� IIIA III M M IIL....... IIL.I III I M 0 NJ S .."� mil" C () M IIL......I X'Nfl��°111 I X�:..;.0 IIL...... State of County of 1) He is of , being first duly sworn, deposes and says that: (Title) (Name of Corporation or Integrator) has submitted the attached BID: the proposer that 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6) BIDDER shall disclose below, to their best knowledge, any City of Boynton Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2022), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 33 EV23-023 Fireworks Displays 19; 7) Failure to submit this executed statement as part of the bid shall make the bid non-responsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. NAME Witnesses: Typed name: Typed name: Subscribed and sworn to before me This day of 12023 RELATIONSHIP BIDDER: Signed: Name: Title: Notary Public (Signature) My Commission Expires: 34 EV23-023 Fireworks Displays 19; STATUTE § 287.135 ...M.....II.I ...I.II...............I.II .....�.............m....II.L........... ......M............................................................................................M.............................................I.I ................M.....M.....I ..3.............II.I ...M......M..................................Iq....................„.m..,....................................................................m.........................................,..................I ...0....I.L.............I..�......�..I ...........m..............M.. ......... ..............I.lk...'.....II.L........... �! IIIA M' III III' III''llllll IIII M llllll III'' IIIA III'' II" IIL...... III''IIIIII M lll''llllll II' M III' 'N II!' ' `': III''llllll III''' M"" A Illkll IIL...... III''llllll I, , on behalf of Print Name and Title Company Name that does not: Company Name certify 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant 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 Consultant 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 Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. 35 EV23-023 Fireworks Displays As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE 36 EV23-023 Fireworks Displays 153 E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES w ... .2 q m .mu 1� M III III II III m IIL....... M „„ III . IIL....... III III 111.......111 M IIL....... III M M III � M M..I .m.II III M M IIL....... III 1111111 „„� III m, M IIL....... III” III°°° III II II t .II ! .III....... II „ III �o.� m III'IIIIII M �„ Ilk'.� Ilk " �M III�M,'' III III'' IIIIIIIIII III'^ C IIIIIIIIII III � � () III III' 1" IIL...... IIIIIIIIII M IIIIIIIIII IN, III'' u1!' �';„;;„ i!I„ ` IIIIIIIIII III I � III'3 IIL...... IIIIIIIIII ...................................................................................................................................................................................................................................... Project Name: Solicitation No. FIREWORKS DISPLAYS EV23-023 1. Definitions: "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 salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "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. 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) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, 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. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the 37 EV23-023 Fireworks Displays 19; Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the 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 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2023, by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any 38 EV23-023 Fireworks Displays 0 PRODUCT LISTING *.J.P..I.R QIP u g',r G W.11.1 1� ........... 1BJE ii.J.N i.p u r ii iN. r o r 1H. 1E. 1B.J1JD 1D...11JN G sl.§ r..IEM. ................... B..11JP S & rJE IN. ID. 1E...I.R.S.! The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for the "FIREWORKS DISPLAYS". The City of Boynton Beach reserves the right to select a vendor whose pricing is determined to be in the best interest of the City. The Product Listing is to determine the quantity and size of shells for each price point. Please submit one product list for each of the requested options: • Sixty -Thousand Dollars ($60,000.00) • Seventy -Thousand Dollars ($70,000.00) • Eighty -Thousand Dollars ($80,000.00) Product Listing These price points shall include all charges, such as, but not limited to barge, permitting, staffing, and security. $60,000 Program $70,000 Program $80,000 Program # of shells # of shells # of shells OPENING Three Inch (approx. 300 ft) Four Inch (approx. 400 ft) Five Inch (approx. 500 ft) Six Inch (approx. 600 ft) BODY OF PROGRAM Three inch (approx. 300 ft) Four Inch (approx. 400 ft) Five Inch (approx. 500 ft) Six Inch (approx. 600 ft) GRAND FINALE Three Inch (approx. 300 ft) Four Inch (approx. 400 ft) Five Inch (approx. 500 ft) Six Inch (approx. 600 ft) Eight Inch (approx. 800 ft) *.J.P..I.R QJP u g',r G W.11.1 1� ........... 1BJE ii.J.N i.p u r ii iN. r o r 1H. 1E. 1B.J1JD 1D...11JN G sl..s r..IEM. ................... B..11JP S & rJE IN. ID. IE...I.R..S.! 39 EV23-023 Fireworks Displays 0 DISPLAY DESCRIPTION *..P-11 S.J.P.1 A.Y. ID. E S C IR..I1JP r.! o..i.N w.!J� I� ... ........ I.B E ii IN. P u r iJN r o r..I.H E BJ1.1P P 1.1.N G s y s r..I.E..I.M ............ ........ IB -11.12 S & r.]E.I.N 12.I.E..I.R.S. The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for the "FIREWORKS DISPLAYS". The City of Boynton Beach reserves the right to select a vendor whose pricing is determined to be in the best interest of the City. The Display description is to provide details of proposed show segments. Opening: Feature Presentation: Grand Finale: *IDIISIPII...AY DIESCRUP noiN wiIII.J... BIE impu r iiiN ro rIHIE 113111DIDIIING sys rIEIM 11311 IDS & rIEINIDIEIRS* ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 40 EV23-023 Fireworks Displays APPENDIX "B" 41 EV23-023 Fireworks Displays 19; AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND [entity name] 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 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 Fireworks Displays. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Fireworks Displays. 3. TIME FOR 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 product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of _ (_) years, commencing on and shall remain in effect through . The CITY reserves the right to renew the agreement for_ (_) 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. 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 promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager or designee. 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. 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. F. 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. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the 42 EV23-023 Fireworks Displays 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 VENDOR's endeavors. 7. 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. 8. 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. 9. 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 polices 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: 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 subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 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. 43 EV23-023 Fireworks Displays ;r 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 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 cancelled 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. 10. 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 contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. 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. 12. 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. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 44 EV23-023 Fireworks Displays ;r 14. 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. 15. 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. 16. 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. 17. 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 Notices to VENDOR shall be sent to the following address: ATTN: Address: Phone: Email: 18. 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. 19. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor 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 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 45 EV23-023 Fireworks Displays ;r 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DEJESUS, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 DEJESUSM@BBFL.US 20. SCRUTINIZED COMPANIES. By execution of this Agreement, 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 VENDOR 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 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. 21. E -VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. "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 salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "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. B. 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: 46 EV23-023 Fireworks Displays ;r i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 iii. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 47 EV23-023 Fireworks Displays :r IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of 12023. CITY OF BOYNTON BEACH VENDOR: [ENTIY NAME] Daniel Dugger, City Manager (Signature), Authorized Official Attest/Authenticated: Maylee DeJesus, City Clerk Approved as to Form: Michael D. Cirullo, Jr. Office of the City Attorney Printed Name of Authorized Official Title (Corporate Seal) EV23-023 Fireworks Displays 48 ;r City of Boynton Beach Risk Management Department 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 hinder may he accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following 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 or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability 1,000,000.00 Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement 50,000.00 Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits Employer's Liability Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified determined General Aggregate Products-Comp/Op Agg. Personal & Adv. lnjury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) Combined Single Limit Each Occurrence Aggregate Each Accident INSURANCEADVISORYFORM Revised 04/2021 EV23-023 Fireworks Displays $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ $ 5,000.00 Aggregate - $1,000,000.00 $ 1,000,000.00 to be determined to be determined $ 1,000,000.00 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost to be 49 ;r EV23-023 - Fireworks Displays Opening Date: March 27, 2023 12:00 PM Closing Date: April 24, 2023 2:30 PM Vendor Details Company Name: Zambelli Fireworks Mfg. Does your company conduct business under any other name? If No yes, please state: 1060 Holland Dr. Address: Suite J Boca Raton, FL 33487 Contact: Tony Sawdey Email: tsawdey@zambellifireworks.com Phone: 395-561-0955 1205 Fax: 218-820-2372 HST#: 25-1092931 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address Friday April 21, 2023 09:03:17 Friday April 21, 2023 13:45:03 Tony Sawdey tsawdey@zambellifireworks.com 2509221d-1bbd-4e44-9351-d2de3e5c14ed 170.55.2.194 Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N 167 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Product Listing - Shell Sizes The product listing is to determine the quantity and size of shells for each price point. Please submit one product list for each of the requested options: Sixty -Thousand Dollars ($60,000.00) Seventy -Thousand Dollars ($70,000.00) Eighty -Thousand Dollars ($80,000.00) These price points shall include all charges, such as, but not limited to barge, permitting, staffing, and security. Size of Shells $60,000 Program * $70,000 Program * $80,000 Program OPENING 0 0 0 Three inch (approx. 300 ft.) 40 60 60 Four inch (approx. 400 ft.) 12 18 18 Five inch (approx. 500 ft.) 5 5 5 Six inch (approx. 600 ft.) 0 0 0 BODY OF PROGRAM 0 0 0 Three inch (approx. 300 ft.) 276 0 0 Four inch (approx. 400 ft.) 90 180 240 Five inch (approx. 500 ft.) 72 108 144 Six inch (approx. 600 ft.) 27 72 81 GRAND FINALE 0 0 0 Three inch (approx. 300 ft.) 290 360 420 Four inch (approx. 400 ft.) 18 42 72 Five inch (approx. 500 ft.) 10 25 40 Six inch (approx. 600 ft.) 0 16 24 Eight inch (approx. 800 ft.) 9 18 24 Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N 168 Display Description Display Description is to provide details of proposed show segments. Opening * Feature Presentation * Grand Finale* Additional Comments * OPENING: An opening barrage is FEATURE PRESENTATION: The Human nature is to remember BARRAGES OF MULTI -SHOT designed to attract the attention of main body of the fireworks display things last experienced. The Grand DEVICES: Multi -shot devices or the audience and entice them to should not be just one shell fired Finale is what people will barrage cakes are used to add to pay attention..."The show has just one after another. It's about remember the most about a the dynamics of the show. Zambelli begun!" The opening barrage for rhythm, timing, and choosing the fireworks production. A poor finale Fireworks uses only the highest your event will certainly impress as perfect effects to complement one will leave an audience quality Barrages with innovative a barrage of assorted colors, another to build themes. Some disappointed. Zambelli Fireworks effects, colors, and angles. These effects, and noise shells fill the fireworks shells are designed to be has a long tradition of supplying devices incorporate effect sizes night's air. extremely intense while others are the best and biggest finales in the from 1" to 2". The purpose of the opener is to designed to slow the pace down industry. It will be loud, it will be impress on your audience that they with beautiful, softer effects. The full are about to see something design team hand picks every of vibrant colors, it will be long, spectacular. A well-designed display shell used to ensure a and it will leave a lasting Zambelli opener will grab the wonderful variety of effects. The impression. Hundreds of shots and crowd's attention and prepare them audience will never see the same effects of multi -color shells, gold for a wonderful fireworks display. combinations of shells fired in a and silver sparking lights, gold Zambelli production. brocade crown shells and other Duration 20-30 seconds effects coupled with chest -pounding Different size shells will be titanium -salutes will be the magical breaking simultaneously throughout ending of the grand display. The the display. This allows us to vary finale will be fired from multiple the intensity of the show, but more positions with dynamic angles. The importantly create beautiful incorporated shells, with multiple canvases of color and effect in the different sizes and effects, will sky, that stimulate both visually and cover every inch of sky from 150 audibly. to 300 ft in the air. Duration 22-23 minutes The Finale will be LARGE, but classy. Effects will be fired at angles to light up a larger portion of the sky rather than create an area of overlapping colors. After an intense array of colors, effects, and sounds, the final few seconds of the Display will fire a barrage of gold hanging effects that will linger in the sky well after the last shell breaks. Duration — 90 seconds Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N 169 Letter of interest The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the April 24, 2023 Please select the appropriate response Proposer's primary qualifications and a firm Procurement Services Do you possess a certification qualifying your business as a Minority Owned business? commitment to provide the proposed services. 100 E. Ocean Ave. Issuing organization name Input response in comments box to the right Boynton Beach, Florida 33435 Date of Issuance Input response in comments box to the right RE: RFP No.EV23-023 On behalf of Zambelli Fireworks, I want to thank you for the opportunity to bid on the City of Boynton Beach, 4th of July 2023, 2024 fireworks display. Numerous variables effect fireworks productions, especially complex, barge displays. The Zambelli Fireworks Team has a long history exceeding client expectations by producing flawless, safe, amazing, choreographed displays. Pre -planning is the key to delivering a solid customer experience including permits, safety plans, technician training, and communication. The Team is prepared to work closely with the City, Fire/Safety, and other parties relevant to producing a spectacular event. As Zambelli Fireworks Vice President of Sales, you have my personal guarantee that our design and technician team will outperform the City's expectations for the event's fireworks display. We have fully read and accept the scope of work set forth in the RFP. The time period to complete the work is acceptable. The enclosed proposal is a firm and irrevocable offer. Our company offers the best insurance in the fireworks industry with a $10 million PER CLAIM policy. More importantly, Zambelli's training program for pyro-technicians is second to none. We command a culture of the utmost focus on safety for both our technicians and the surroundings of the firing site. Zambelli Fireworks was proud to partner with the City for the 4th of July Firework's Displays from 2013 through 2023. The feedback was tremendous and Zambelli Fireworks would love to again provide another amazing display for the City on Independence Day. We ask that the City of Boynton Beach review the enclosed proposal and select Zambelli Fireworks based upon decades of providing successful displays. Respectfully, Tony Sawdey Vice President of Sales Zambelli Fireworks (218) 820-2372 cell tsawdey@zambellifireworks.com 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 RFP responses Description Response* Comments Is your company a Minority Owned business? No No Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No No Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N 170 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. r7, We will not be submitting for Local Business Status Certification Is the business Reference 1 Reference 2 Reference 3 Reference 4 — located within Does the business have a Is the business the City limits of business tax receipt registered with the Number of years in business * Business license number* Boynton issued in the current Florida Division of Beach, year? * Corporations? Scope of Work: Florida? * Annual July 4th Annual July 4th Fireworks Annual July 4th * Yes r Yes r Yes Fireworks * No r No r No $25,000 $30,000 References List a minimum number of required references as stated in the Proposal Submission Requirements which show experience in similar work, including nature and scope of work, which demonstrates expertise in providing the services as stated herein. *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. Description Reference 1 Reference 2 Reference 3 Reference 4 — Reference 5 — Additional Additional Name of Firm: City of Delray Beach City of Pembroke City of Plantation City of Tamarac Pines Scope of Work: Annual July 4th Annual July 4th Annual July 4th Fireworks Annual July 4th Fireworks Fireworks Fireworks Cost of Service: $68,000 $25,000 $30,000 $25,000 Date of Service: 2008 - Current 2015 - Current 2015 - Current 2015 - Current Contact Person: Nan Krusinski Francis Novo Shannon Ryan Melissa Petron Email: KrushinskiN@mydelraybe fnovo@ppines.com SRyan@platation.org Melissa.Petron@tamara ach.com c.org Phone #: 561-243-6209 954-392-2116 954-452-2502 954-597-3624 Address: 100 NW 1st Avenue 601City Center Way 400 NW 73rd Avenue 7525 NW 88th Avenue Delray Beach, FL33444 Pembroke Pines, F Plantation, FL 33317 Tamarac, FL 33321 33025 Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N-- 171 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 -consultant The Bidder proposes the following major sub -consultants for the major areas of work for the Project. The Bidder is further notified that all sub - consultants 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 sub -consultants if required. Owner reserves the right to reject any sub -consultant 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. The owner reserves the right to inspect all facilities of any sub -consultant in order to make a determination as to the foregoing. P By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Name * Address * Scope of work * license No * Contract Amount * Percentage (%) of Contract * Documents Ensure your submission document(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, uploaded, and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included for your submittal to be completed and accepted. • FIRMS'S QUALIFICATIONS + PROPOSER'S QUALIFICATION STATEMENT - EV23-023 Proposers Qualification Statement.pdf - Friday April 21, 2023 13:17:59 • QUALIFICATIONS OF PROJECT TEAM - Minimum Qualifications RFO No. EV23-023.pdf - Friday April 21, 2023 11:48:03 • EXPERIENCE- Experience- RFP No. EV23-023.pdf- Friday April 21, 2023 11:47:44 • APPROACH AND CAPACITY - Approach and Capacity RFP No. EV23-023.pdf - Friday April 21, 2023 11:47:15 • ANTI -KICKBACK AFFIDAVIT - EV23-023 Anti -Kickback Affidavit.pdf - Friday April 21, 2023 13:18:28 • NON -COLLUSION AFFIDAVIT - EV23-023 Non Collusion Affadavit.pdf - Friday April 21, 2023 13:19:09 • CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.125 - EV23-023 Certification Pursuant to Statute.pdf - Friday April 21, 2023 13:19:26 • PROFESSIONAL LICENSES / PERMITS / W-9 - 2023 W-9-Ins-ATF.pdf - Friday April 21, 2023 13:22:57 • E -VERIFY FORM - EV23-023 E Verify Affadavit.pdf - Friday April 21, 2023 13:23:12 • SUPPLEMENTAL INFORMATION RELATIVE TO THIS RFP (optional) Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N-- 172 Addenda, Terms and Conditions 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. I/WE 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 I/WE 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. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant 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 Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants 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: 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. r7 I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Tony Sawdey, VP of Sales, Zambelli Fireworks Mfg. Co. Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N 173 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? r Yes a 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 reviewed the File Name below addendum and pages attachments (if applicable) Addendum No. 1 ry 2 Thu March 30 2023 01:20 PM Bid Number: EV23-023 Vendor Name: Zambelli Fireworks N-- 174 Bid Number: EV23-023 Bid Name: Fireworks Displays Closing Date: 4/24/2023 2:30:00 PM Number of Submissions Received: 1 Evaluation: Start Date - End Date: 4/25/2023 9:00:00 AM - 5/1/2023 9:00:00 PM Consensus Meeting: 5/2/2023 3:00:00 PM EVALUATORS 175 SCORES Compliance Check 176 6.G Consent Agenda 05/16/2023 Proposed Resolution No. R23-058- Police Department Security Agreement with The School Board of Palm Beach County Requested Action by Commission: Approve and authorize the proper City officials to sign a security agreement and Addendum concerning "Student Information", between The School Board of Palm Beach County and the City of Boynton Beach. The agreement provides Boynton Beach Police Officers at designated schools within the City of Boynton Beach while the School District works to hire additional full-time school Police Officers. Explanation of Request: In light of the Marjory Stoneman Douglas High School tragedy and the enactment of amendments to Florida Statute 1006.12 Safe -school officers at each public school on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a law enforcement presence at each District -operated Palm Beach County school. Law Enforcement Agency commits to providing Law Enforcement Agency Officers (LEAD) at schools, through the use of extra duty assignments, while the School District of Palm Beach County Police Department (SDPBCPD) works to hire additional full-time school police officers to staff a minimum of one School Police Officer at every non -charter District -operated school. This agreement is intended to be temporary in nature until the school district can hire full-time Officers. How will this affect city programs or services? The agreement stipulates having one BBPD detail officer at Boynton Beach High School and one at Congress Middle School. Fiscal Impact: The BBPD will invoice the School District of Palm Beach County Police Department for the hourly cost of each Officer at the agreed upon rate. Attachments: Reso R23-058 Security_Agreement_with_PBC_School_Board_-_Reso.pdf Boynton_Beach_Security_Agreement_FY2023-25 Boynton Beach PD Contract -Agreement Addendum.pdf 177 1 RESOLUTION NO. R23-058 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO SIGN 6 A SECURITY AGREEMENT AND ADDENDUM CONCERNING "STUDENT 7 INFORMATION", BETWEEN THE SCHOOL BOARD OF PALM BEACH 8 COUNTY AND THE CITY OF BOYNTON BEACH WHICH PROVIDES 9 BOYNTON BEACH POLICE OFFICERS AT DESIGNATED SCHOOLS WITHIN 10 THE CITY OF BOYNTON BEACH WHILE THE SCHOOL DISTRICT WORKS 11 TO HIRE ADDITIONAL FULL-TIME SCHOOL POLICE OFFICERS; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, in light of the Marjory Stoneman Douglas High School tragedy and the 15 enactment of amendments to Florida Statute 1006.12 Safe -school officers at each public school 16 on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a law 17 enforcement presence at each District -operated Palm Beach County school; and 18 WHEREAS, the Boynton Beach Police Department commits to providing Law 19 Enforcement Agency Officers (LEAD) at schools, through the use of extra duty assignments, while 20 the School District of Palm Beach County Police Department (SDPBCPD) works to hire additional 21 full-time school police officers to staff a minimum of one School Police Officer at every non - 22 charter District -operated school; and 23 WHEREAS, this agreement is intended to be temporary in nature until the school district 24 can hire full-time Officers; and 25 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of 26 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 27 to approve and authorize the proper City officials to sign a Security Agreement and Addendum 28 concerning "Student Information", between The School Board of Palm Beach County and the 29 City of Boynton Beach which provides Boynton Beach Police Officers at designated schools 30 within the City of Boynton Beach while the School District works to hire additional full-time 31 school Police Officers. 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 33 BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:ACA\RESO\Agreements\Security Agreement with PBC School Board - Reso.docx 178 35 being true and correct and are hereby made a specific part of this Resolution upon adoption 36 hereof. 37 Section 2. The City Commission of the City of Boynton Beach hereby approves and 38 authorizes the proper City officials to sign a Security Agreement and Addendum concerning 39 "Student Information", between The School Board of Palm Beach County and the City of Boynton 40 Beach which provides Boynton Beach Police Officers at designated schools within the City of 41 Boynton Beach while the School District works to hire additional full-time school Police Officers. 42 A copy of the Agreement and Addendum are attached hereto and made a part here as Exhibit 43 "A". 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Security Agreement with PBC School Board - Reso.docx 179 Security Agreement Between The School Board of Palm Beach County, Florida and the City of Boynton Beach, Florida THIS AGREEMENT, made and entered into this 1ST day of Au ust 2023, by and between The School Board of Palm Beach County, Florida, a political subdivision of the State of Florida (also referred to as "Palm Beach County School District" or "PBCSD" or "Requesting Agency" ), whose principal place of business is 3300 Forest Hill Blvd, West Palm Beach, Florida 33406, hereinafter referred to as PBCSD, and the Boynton Beach Police Department, whose principal place of business is 2100 High Ridge Road, Boynton Beach, Florida 33426 (also referred to as "Law Enforcement Agency or "Assisting Agency") and the City of Boynton Beach, Florida. As authorized by the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement ("Mutual Aid Agreement") entered into in 2023, which terms, conditions, and provisions are hereby incorporated, the parties enter into this Agreement for the Law Enforcement Agency to provide municipal police officers on non -charter public school campuses. The municipal police officers, acting under this Security Agreement, shall have the same powers and authority as school safety officers while acting under the Mutual Aid Agreement. The terms of this Security Agreement are not intended to modify the terms and conditions of the Mutual Aid Agreement, which shall remain in full force and effect. Article I: Purpose In light of the Marjory Stoneman Douglas High School tragedy and the enactment of amendments to Florida Statute 1006.12 Safe -school officers at each public school on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a law enforcement presence at each District -operated Palm Beach County school. Law Enforcement Agency commits to providing Law Enforcement Agency Officers ("LEAO"s) at schools, through the use of extra duty assignments, while the School District of Palm Beach County Police Department ("SDPBCPD") works to hire additional full-time school police officers to staff a minimum of one school police officer at every non -charter District - operated school. Article II — Responsibility of Law Enforcement Agency The Law Enforcement Agency will be responsible for assigning LEAOs to provide security services at agreed upon schools, upon request by the SDPBCPD. In accordance with Section 6G of the Mutual Aid Agreement, Law Enforcement Agency will invoice SDPBCPD for the hourly cost of each LEAO at the agreed upon rate provided in Exhibit A. In the event of a fee dispute between the parties, the Law Enforcement Agency shall continue to provide the services under this Agreement while the dispute is being resolved. If the dispute is not resolved within ten (10) days, the Law Enforcement Agency may cease providing services under the Agreement. 180 Qualifications for Assignment 1. To comply with the provisions of F.S. 1006.12(2), LEAOs assigned will have undergone criminal background checks, drug testing and a psychological evaluation and be certified law enforcement officers, as defined in F.S. 943.10(1), and must be employed by the Law Enforcement Agency as defined in F.S. 943.10(4). The powers and duties of the LEAO shall continue throughout the LEAO's assignment at a school. 2. Assigned LEAOs shall abide by District School Board policies and shall consult with and coordinate activities through the school principal, but shall be responsible to the Law Enforcement Agency in all matters relating to employment, subject to this Agreement. 3. Law Enforcement Agency will ensure LEAOs assigned have completed SDPBCPD online orientation training prior to assignment to a school. Additional training may be required by the PBCSD. Roles and Responsibilities of Law Enforcement Agency and its Officers 1. As set forth in Qualification for Assignment, above, the Law Enforcement Agency shall ensure that each LEAO assigned to a school undergoes Level 2 screening, which consists of fingerprinting and a background check, plus drug testing, and a psychological evaluation. The Law Enforcement Agency, at least annually, shall provide the PBCSD with records demonstrating that the requirements of 1006.12, Florida Statutes, have been met by each LEAO assigned to a school. The Law Enforcement Agency shall provide any records maintained in accordance with 1006.12, Fla. Stat., to the PBCSD School Safety Specialist upon request. The Law Enforcement Agency attests that each LEAO's license or certificate is active and in good standing; and, that the LEAO successfully completed the requirements under Section 1006.12, Florida Statutes. The Law Enforcement Agency agrees that it has an ongoing duty to maintain and update the PBCSD in the event any previously screened employee fails to meet the statutory standards. Contractor and the School agree to notify the PBCSD School Safety Specialist atcl coll t ,O ji,alljSI(@ �rmlbeaclhsclhcclls„circ, immediately upon becoming aware that one of its LEAOs is subsequently arrested or convicted of any disqualifying offense, dismissed for misconduct or otherwise disciplined, or if a LEAO discharges his or her firearm in the exercise of the LEAO's duties, other than for training purposes. 2. Time is of the essence and the Law Enforcement Agency and/or LEAO shall promptly provide notice to the PBCSD School Safety Specialist no later than 24 hours after the arrest, dismissal for misconduct, discipline, or event, so that the PBCSD School Safety Specialist may make the appropriate notifications to the Palm Beach Sheriff's Office and the Office of Safe Schools as required by section 1006.12(5), Florida Statutes, which requires notification within 72 hours. 3. LEAOs will report to assigned school one-half hour prior to the start of school and will remain on campus for one-half hour after school. 4. The LEAO is to maintain a visual presence at the entrance to the school at arrival and dismissal times and shall move throughout the school during the school day, checking access/egress points and overall security of campus. 181 5. The LEAO will act as first responder to any acts of violence which threaten students, staff or parents on the school campus and will call for assistance when needed. 6. Non -criminal violations of student conduct are the responsibility of school administrators. The services performed by the LEAO under this Agreement are to respond to matters pertaining to student safety, not to enforce school discipline or punish students. The LEAO shall not be involved in any situation that can be safely and appropriately handled by the District's internal disciplinary procedures. Incidents involving public order offenses committed by students, including but not limited to disorderly conduct, disturbance/disruption of schools or public assembly, loitering, trespass, profanity, dress code violations and fighting that does not involve physical injury or a weapon shall be considered school discipline issues to be handled by school officials unless LEAO involvement is necessary to protect the physical safety of students or school personnel. 7. The LEAO shall communicate with students and/or parents in a language students and/or parents understand. If the LEAO representative does not speak the same language as the student/parent, the LEAO shall request from PBCSD an appropriate interpreter designated for such purposes. 8. The LEAO will cooperate and participate as necessary in the School Board's expulsion hearing process if requested by the Superintendent of Schools or his/her legal counsel. 9. LEAOs shall adhere to the Law Enforcement Agency's Standard Operating Procedures/General Orders (written policies). 10. The Law Enforcement Agency is responsible for conducting use of force investigations involving its LEAO. 11. School site administrators are responsible for all personnel at SDPBC school sites. As such, LEAOs must work cooperatively with school site administration. LEAOs must remain responsive to the chain of command within the Law Enforcement Agency and the LEAO's primary supervisor shall be designated by Law Enforcement Agency. 12. When the LEAO learns of an incident which requires him/her to take lawful action, the LEAO must report incident to SDPBCPD and school site administration immediately. School incidents garner significant media attention; therefore, it is imperative the SDPBCPD learn about such incidents from the LEAO in an expedited manner so SDPBCPD can make appropriate notification within the PBCSD. This does not preclude the LEAO from taking immediate and necessary action during exigent circumstances. The LEAO must also inform the school principal and/or designee of said action. 13. The LEAO shall wear the official Law Enforcement Agency uniform at all times while on duty at the school. 14. The LEAO agrees not to unlawfully discriminate against any student in any manner whatsoever on account of race, creed, color, age, sexual orientation, gender identity or expression, religion, handicap, national origin, or marital status. 182 Article III — Responsibility of SDPBCPD The SDPBCPD will be responsible for providing a list of schools, calendar of school days and scheduled school times that require a LEAO be assigned. For purposes of this provision, authority is delegated to the PBCSD's Chief of Police, with approval of the PBCSD's Chief Operating Officer, to assign and modify, from time to time, the specific schools for which that LEA will provide LEAOs without further approval of the School Board. To assist Law Enforcement Agency with scheduling of LEAOs, SDPBCPD will provide Law Enforcement Agency reasonable notice of schools that need coverage. SDPBCPD is responsible for providing online orientation training that will include information pertaining, but not limited to, SDPBC policy and procedures, lockdown and evacuation procedures, and confidentiality expectations as they relate to State and federal law, and for tracking online course completions, and relaying completion information to the Law Enforcement Agency, prior to LEAOs being assigned to a school. SDPBCPD will verify invoices submitted and will submit to Accounting for prompt payment or notify Law Enforcement Agency of discrepancy within five business days of receipt. Article IV - Confidentiality of Student Information Law Enforcement Agency is subject to all School Board obligations relating to compliance with student records confidentiality laws. By signing this Agreement, Law Enforcement Agency acknowledges and agrees to comply with the Family Educational Rights and Privacy Act (FERPA) and all State and Federal Laws relating to the confidentiality of student records. Law Enforcement Agency may receive student information. Since parental consent will not be obtained and Law Enforcement Agency has legitimate educational interests in the information, Law Enforcement Agency shall hereby be deemed a "school official" in accordance with School Board Policy 5.50 and shall enter into the Addendum concerning student information (PBSD 2220) which is attached hereto and incorporated herein as Exhibit B. Article V - Dispute Resolution In the event of a conflict, the School Principal shall report the issue to the School Police Chief. The School Police Chief will then contact the LEAO's Chief of Police to determine a mutually agreeable resolution of the issue. Article VI - Term of the Agreement Such activities as described herein will commence on August 1st, 2023, or upon signature of both parties, and expire two (2) years thereafter on July 31st, 2025, and thereafter upon consent of both parties, may be renewed for a one-year term, for up to three additional years. Article VII - Entire Agreement It is understood and agreed that this Agreement contains the complete understanding and agreement of the parties. No stipulation, agreement or understanding shall be valid or enforceable unless contained in this Agreement. No representations or statements made by any employees, agents or representatives of either party shall be binding on 183 either party as a warranty or otherwise, except as expressly set forth herein. Article VIII - Governing Law; Venue This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. In the event of litigation, venue for any claim shall lie exclusively in a court of competent jurisdiction in Palm Beach County. All parties shall be responsible for their own attorneys' fees. Article IX - Written Notice Delivery Any notice required or permitted to be given under this agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified. The address for the Law Enforcement Agency for all purposes under this agreement and for all noticed hereunder shall be: Law Enforcement Agency: Boynton Beach Police Department Attn: Chief Joseph DeGiulio 2100 High Ridge Road Boynton Beach, FL 33426 With a copy to: Michael D. Cirullo, Jr., City Attorney Goren Cherof Doody & Ezrol, P.A. 3099 East Commercial Blvd., Ste. 200 Ft. Lauderdale, FL 33308 The addresses for The School Board for all purposes under this agreement and for all noticed hereunder shall be: The School Board: The School Board of Palm Beach County, Florida Fulton -Holland Educational Services Center Attn: Michael J. Burke, Superintendent 3300 Forest Hill Blvd., Suite C-316 West Palm Beach, Florida 33406 With a copy to: The School Board of Palm Beach County, Florida Fulton -Holland Educational Services Center Palm Beach County School District Police Department Attn: Sarah J. Mooney, Chief of Police 3300 Forest Hill Blvd., Suite C-110 West Palm Beach, Florida 33406 With a copy to: The School Board of Palm Beach County, Florida Fulton -Holland Educational Services Center The Office of General Counsel Attn: Shawntoyia Bernard, Esq. 3300 Forest Hill Blvd., Suite C-331 West Palm Beach, Florida 33406 184 Article X - Indemnification and Duty to Defend Subject to the limitations of Florida Statutes Section 768.28, the City of Boynton Beach agrees to indemnify, hold harmless, and defend PBCSD from and against any and all claims, suits, actions, damages, or causes of action arising out of the intentional wrongdoings or negligent acts of the Law Enforcement Agency and/or its LEAOs arising out of or in connection with the provisions of this agreement. Subject to the limitations of Florida Statutes Section 768.28, PBCSD agrees to indemnify, hold harmless, and defend the City of Boynton Beach from and against any and all claims, suits, actions, damages, or causes of action arising out of the intentional wrongdoings or negligent acts of the PBCSD arising out of or in connection with the provisions of this agreement Article XI - Waiver of Subrogation In the event of loss, damage or injury to Law Enforcement Agency and/or the Law Enforcement Agency property, Law Enforcement Agency shall look solely to any insurance or self-insurance in its favor without making any claim against the School Board. Law Enforcement Agency hereby waives any right to subrogation against the School Board of Palm Beach County, for loss, damage or injury within the scope of Law Enforcement Agency's insurance or self-insurance, and on behalf of itself and its insurer, waives all such claims against PBCSD. In the event of loss, damage or injury to PBCSD and/or the PBCSD property, PBCSD shall look solely to any insurance or self-insurance in its favor without making any claim against the City of Boynton Beach. PBCSD hereby waives any right to subrogation against the City of Boynton Beach for loss, damage or injury within the scope of PBCSD's insurance or self- insurance, and on behalf of itself and its insurer, waives all such claims against the City of Boynton Beach. Article XII - Worker's Compensation Law Enforcement Agency must comply with Chapter 440, Florida Statutes, worker's compensation and Employees' Liability Insurance with minimum statutory limits. Law Enforcement Agency waives all rights against PBCSD and its agents, officers, directors and employees for recovery of claims for bodily injury to the extent these injuries are covered by the workers' compensation. Article XIII - Public Records Compliance Law Enforcement Agency shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the PBCSD in order to perform the services to under this Agreement. b. Upon request from the PBCSD's custodian of public records, provide PBCSD 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 confidential and exempt from 185 public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if Law Enforcement Agency does not transfer the records to PBCSD. d. Upon completion of the Agreement, transfer, at no cost, to PBCSD all public records in possession of Law Enforcement Agency or keep and maintain public records required by PBCSD to perform the service. If Law Enforcement Agency transfers all public records to the Board upon completion of the Agreement, Law Enforcement Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Law Enforcement Agency keeps and maintains public records upon completion of the Agreement, Law Enforcement Agency shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to PBCSD, upon request from PBCSD's custodian of public records, in a format that is compatible with the information technology systems of PBCSD. Failure of Law Enforcement Agency to abide by the terms of this provision shall be deemed a material breach of this Agreement. This provision shall survive any termination or expiration of this Agreement. IF LAW ENFORCEMENT AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LAW ENFORCEMENT AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-85859 PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300 FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406. In the event the Law Enforcement Agency receives a Public Records Request, within three (3) days of receipt, the Law Enforcement Agency shall forward the request and any responsive documents to PBCSD's Public Records Department at PUBLICRECORDS@PALMBEACHSCHOOLS.ORG and PBCSD will respond to the requestor. Article XIV - Inspector General In the event this agreement involves a purchase in accordance with Policy 6.14, Law Enforcement Agency agrees and understands that the PBCSD's Office of the Inspector general ("Inspector General") shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by Law Enforcement Agency with regard to the Agreement. Law Enforcement Agency's employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance with the Inspector General in locating assets and obtaining records and documents as needed for investigation or audit relating to the Agreement. Furthermore, Law Enforcement Agency understands, acknowledges and agrees to abide by School Board Policy 1.092. Article XV - Waiver of Jury Trial Each of the parties hereto hereby knowingly, voluntarily, and intentionally waives the right either of them may have to a trial by jury in respect of any litigation based hereon, or arising out of, under or in connection with this agreement. Article XVI - Termination Each party reserves the right to terminate this Agreement without cause by giving one - hundred eighty (180) days written notice to the other party. Notwithstanding the previous sentence, PBCSD may, with fourteen (14) days written notice to LEAD, assume full responsibility for providing security at specific schools and Law Enforcement Agency shall be relieved of the obligation to provide a LEAO for the specific school. If the Agreement is terminated for convenience as provided herein, PBCSD will be relieved of all obligations under said Agreement and PBCSD will only be required to pay that amount of the Agreement actually performed to the date of termination. REMAINDER OF PAGE LEFT BLANK 187 THE SCHOOL BOARD OF PALM BEACH FOR THE CITY OF BOYNTON BEACH COUNTY, FLORIDA BY: Daniel Dugger Date City Manager BY: BY: Frank A. Barbieri, Jr. Chairman Date Ty Penserga Date Mayor BY: Joseph DeGiulio Date Chief of Police BY: Michael J. Burke Date Superintendent of Schools or Designee SUBMITTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO LAW ENFORCEMENT AGENCY School Police Department Date Chief of Police Michael D. Cirullo, Jr., City Attorney Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO THE SCHOOL BOARD Office of General Counsel Date Attest Maylee De Jesus, MMC, Clerk Date EXHIBIT A— RATE SCHEDULE EXHIBIT B — PBSD FORM 2220 Contract/Agreement Addendum Concerning Student Information 188 EXHIBIT A RATE SCHEDULE Hourly cost of LEO's provided by City of Boynton Beach to PBCSD: $120.00. 189 G"OOL D/s THE SCHOOL DISTRICT OF PALM BEACH COUNTY �� Contract/Aareement Addendum Concerning Student Information ADDENDUM, Concerning Student Information, to the Contract/Agreement ("the Contract") dated, between the school (named below) or The School Board of Palm Beach County, Florida (named below) and Vendor/Partner (named below). School or School Board The School Board of Palm Beach County, Florida Vendor or Partner Boynton Beach Police Department Pursuant to School Board Policy 5.50, receipt of which is acknowledged by the Vendor's/Partner's signature below, the School Board of Palm Beach County, Florida (the "School Board") hereby designates [vendor/partner] ("the Receiving Party") as an "other school official" for the purpose of receiving limited personally identifiable information from education records of students under the Family Education Rights and Privacy Act (20 U.S.C. s. 1232g) and 34 C.F.R. s. 99.31(a)(1)(i)(B), and sections 1002.22 and 1002.221, Florida Statutes, because the School Board recognizes the Receiving Party has a legitimate educational interest in receiving this information in order to fulfill the Receiving Party's responsibilities for the school or School Board under the Contract. (All other terms of the Contract remain the same.) As a condition precedent to receiving personally identifiable information from education records of students, the Receiving Party warrants and agrees that the Receiving Party: 1. will limit the use of, or access to, personally identifiable information from education records of students to the limited scope of information actually needed to complete the Receiving Party's duties and/or services under the Contract. The School Board has determined that the Receiving Party has a legitimate educational interest in receiving only the following fields of student data, for example: name, grade -level, school attending, etc. (indicate fields of data requesting below); and Name, grade -level, school attending, disciplinary information and other identifiable information as necessary to provide the services under this Agreement, as determined by the School Board. 2. will limit the access to personally identifiable information from education records of students to its employees and/or agents who actually have a legitimate educational interest in the information (i.e., they legitimately need to access the information in order to fulfill the Receiving Party's responsibilities under the Contract); and 3. shall avoid, and shall instruct applicable employees/agents to avoid, accessing personally identifiable information from education records of students, except for the legitimate purposes recognized under this Addendum, and shall require that all employees/agents accessing the data must be trained in, and sign an acknowledgement regarding, the confidentiality requirements; and 4. is under the direct control of the School Board with respect to the use and maintenance of education records; and 5. is subject to the requirements of 34 C.F.R. s. 99.33(a) governing the use and redisclosure of personally identifiable information from an education record of a student, meaning the Receiving Party may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student as those terms are defined in 34 C.F.R. s. 99.3, and the officers, employees, and agents of a party that receives information from the Receiving Party may use the information, subject to the limitations described in paragraph 2 above, but only for the purposes for which the disclosure was made; and 6. shall comply with the requirements of the Family Educational Rights and Privacy Act (FERPA), its implementing regulations, Section 1002.22, Florida Statutes, the Protection of Pupil Rights Amendment (PPRA), and the Children's Online Privacy Protection Act (COPPA), 15 USC ss 6501-6506, and its implementing regulations, and shall not use any of the personally identifiable information from education records of students that is received pursuant to this Addendum in violation of any applicable federal or state law, rule, regulation, or School Board policy. The personally identifiable information must not be used for any other purpose other than the purposes outlined in the Contract/Agreement. Data mining or scanning of user content for the purpose of advertising or marketing to students or their parents is prohibited. The Receiving Party must not share or sell a student's personally identifiable student information for commercial purposes without providing parents a means to consent or disapprove; and 7. will store and process personally identifiable information from education records of students in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure personally identifiable information from unauthorized access, disclosure, and use. Receiving Party will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Receiving Party will also have a written incident response plan, to include prompt notification of the School Board in the event of a security or privacy incident, as well as best practices for responding to a breach of personally identifiable information. Receiving Party agrees to share its incident response plan with the School Board upon request. The Receiving Party must maintain and revise its incident response plan to ensure that it is in a ready state at all times; and 8. will dispose of all information disclosed to it by the school or the School Board (and any copies thereof), after the purpose for which the information is disclosed has been served, or five years after the receipt of the information (whichever is sooner), by shredding paper documents finely enough to prevent possible recovery of information, and by totally erasing and over -writing (or physically destroying) any electronic media such as computer files, tapes, or diskettes, unless the information in the possession of the Receiving Party constitutes a "record copy" required to be retained by the School District's Records Retention Schedule (available online at the District's Records Management website, http://www.palmbeachschools.orci/records), in which case the Receiving Party will return the information to the School Board rather than disposing of it. The parties acknowledge that the terms contained in this Addendum supersede any inconsistent terms in the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Addendum: Legal Name of the Receiving Party (Vendor/Partner) Boynton Beach Police Department Vendor or Partner Signature of person having authority to enter Date legally binding agreements on behalf of Receiving Party. PBSD 2220 (Rev. 10/27/2022) ORIGINAL- attach to contract The School The School Board of Palm Beach County, Florida For the School Board of Palm Beach County, Florida Signature of person having authority to enter legally Date binding agreements on behalf of the School or The School Board of Palm Beach County. Florida. Exhibit # 190 6.H Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Purchase of Variable Frequency Drives (VFDs) for the East Water Treatment Plant. Requested Action by Commission: Approve the purchase of two (2) variable frequency drives (VFDs) from Graybar Electric, Inc. in the amount of $88,720.00 through OMNIA Partners/Insight Public Sector government pricing for the East Water Treatment Plant - High Service Pumps No. 5 & 6 Improvements project. Explanation of Request: The City Commission previously approved Task Oder UT -3A-03 for Engineering Services with Globaltech, Inc. on June 21, 2022 for engineering services for the installation of two (2) variable frequency drives (VFD) for High Service Pumps 5 & 6 and piping modifications to connect High Service Pumps 5 & 6 to the existing filter backwash supply piping. This work is required prior to implementing the Generator Replacement project, which will include additional piping modifications for High Service Pumps 1 through 4. At this time, the City would like to purchase the variable frequency drives (VFDs) which will yield a 7% in tax savings for the City. Furthermore, this will allow the City to alleviate the supply chain delay issues still prevalent in the construction market by purchasing equipment with long lead times ahead of installation project schedule. Staff is requesting to purchase the equipment through the OMNIA Partners/Insight Public Sector cooperative government purchasing contract, which was competitively solicited and publicly awarded in compliance with procurement laws and regulations. How will this affect city programs or services? Implementation of the project will allow for the continuation of normal water treatment operations during construction, increase operational reliability and flexibility, and provide redundancy to the current filter backwash process. Procurement of the variable frequency drives (VFDs) will allow the City to maintain the project schedule for construction at the East Water Treatment Plant and allow uninterrupted water production to meet demands. Fiscal Impact: Funding in the amount of $91,820.00 is available in the Utilities CIP account 403-5000-533.65-02 WT2103. Attachments: 191 City of Boynton Beach - HSP 5&5_Q-3519703-PD-005_BOM Rv4.pdf EV2370-Master-Agreement and Amendment No. 1 Omnia Partners RFP365 - Contract EV2370 Executive Summary Graybar City of KC Contract EV2370 Renewal 2.1.23-1.31.25 Graybar Electric - Def of Cost 9.29.17.pdf Appendix B-1 Electrical - Supplemental SQD Discounts 03 26 2019.pdf RFP Contract EV2370_RFP_Final.pdf 192 i3O"J S � t�' reO'R recti, is Prepared By: Martin Beck 1255 NW 21 st St Pompano Beach,FL 33069-1481 martin.beck@graybar.com Proposal Name: City of Boynton Beach HSP5&5 Quote Name: City of Boynton Beach HSP5&5 Proposal Number: P-220812-3219046 Quote Number: Q-3519703 Quote Date: 05/03/2023 Through Addenda Number: 0 Sales Representative: Marc Pommainville Conditions of Sale g%/' f 4 7i GrWWR This Quotation is subject to Coordinated Project Terms. See https.11www.se.com/us/en/downloadldocument/0100PLEXPI Quoted price in currencies other than U.S. Dollars is per the annual Schneider Electric exchange guidance. Quote is valid for 30 days. Quoted lead times are approximate and subject to change. Schneider Electric reserves the right to amend, withdraw or otherwise alter this submission without penalty or charge as a result of any event beyond its control arising from or due to the current Covid-19 epidemic or events subsequent to this epidemic / pandemic including changes in laws, regulations, by laws or direction from a competent authority. PRINTED: 5/4/20239:27 AM 193 Page 1 of 2 Schneider Proposal Name: Globaltech -Water Pump VFD's Quote Name: Globaltech - Water Pump VFD's Quote Number: Q-3519703 Quote Date: 05/03/2023 Designation: $44,000.00 $88,000.00 Product Details 2 - ATV680C2OT4N2GNWABAGEP202-Altivar 680 ATV680C2OT4N2GNWABAGEP202 Main circuit breaker disconnect 100k AIC rated Selected for 460 Vac 3 phase motor 300 Horsepower Sized for Normal duty. Drive controller rated for 370 Max. Output Amps Type 1 Enclosure UL508A Label RAL7035 (Gray) Power Circuit W: Drive combination package Control options: EP202 - Drive Reset Push Button Hand -Off -Auto selector switch Speed Potentiometer Pilot light options: Power on pilot light (red) Run pilot light (green) Trip pilot light (yellow) Auxiliary contacts: 1 NO/NC run contact 1 NO/NC trip contact 1 NO auto mode contact Profibus DP Communications Card G14 - Transient voltage suppressor TYPE 1 SPD 40K This device contains selected features that require factory engineered configurations. Standard published lead times no longer apply. Enclosure dimensions are subject to change. Designation: $360.00 $720.00 Product Details :VW3A3627-Profinet com card for ATV320 Total: $88,720.00 This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%201nformation/Graybar/EV2370 Graybar MAD 2017 1220.pdf Std equipment warranty is 18 months from date of shipment or 12 months from issuance of a substantial completion letter by the customer subject to Schneider Electric Terms and Conditions of Sale for Proposal Based Projects 0100PL0043R03/20. PRINTED: 5/4/20239:27 AM 194 Page 2 of 2 rAmuagin Enve a csM�38-AEB,Ar a '7,��, lI ISB VIII wllY '_r Iu 1111 Elill CONTRACT F01i PIRODUCill'S ANISWILES 1 iw CITY OF KANSAS CITY, MISSOURI CJI 'dully" I /I I C IP,"PTION:W o jLIAj uP hum u a iR �IuI Solutions TI IIS Contract Is II^ SAS CITY, USSOURI, a coinst.1tutionatlychartered rnuinilcipall corporabon ("CITY"), and Grayllber Mectric Company, u . "CON TOW)' Sec. 1. The Come . The Contractn the IT ul"iud CONTRACrOR oonsiMs af flieolu mug ctDocuments: () unit u Term, The iuinifti teirim of this Contract shall begin on February 1,I 20150 ainid shaH an n 'Joni a 310 2023. The Manager 12rocuirernent SwMces Is authoiiiized to enter Into an mends rent of this t with COWRACTOR to extend theteirm of til,fla Contract Siad vniug1 irrnai l 'm° this Cointra Renewal Tu iu°ims. At anytirnis piu°ioir ti exp[ration tin Of, this uni u lu twm oir any siubsequient u° , the GITY, lin its sole discrefloin, may ireineauv this Cointractfor i,) to three () addlitiional t () year terms. KAM 1EI M TRAC FUIII!!NROI I)II S '1�) i!Dage"II of 20 195 f1bim W n Enmope VIVra () Timm IftJDn "r rrmm Notwithstanding the p iratio rm of the Initial term or any siubsequent term or all or4ions to renew, CONTRACTOR ind CITY shall continue performaince under tIM Contract. until the CITY has a ineve cordract In plaice,with efther CONTRACTOR or another Provider or ummtpp th ' p° ` 'R mm'vlmm t ° , th Contract. (b) Goods andProducts. CONT C"T"OR shall'tirnely provide e IUp G'Dods and Products ordered by thisCITY at the Prices t forth Inthe mm m u"rhe terms "Goods" and 'Produicte are used interchangeably under this vont and each term includes the other term,, () Services or 'Wout Ordersau° both Products a' u~ma Services. 1a The CITY may requ ON'r RACTOR In provide Services mem" both Produicls and Services. p3rior -to CON T„I„ TOR submitting a written detailed ProposirM for ' ur p it for path Products vendirvices to a requesting p DepartMent,, the CONTRACTOR must, IU prom written aiuthorbmflon f"roM the CITY's Manager Procurement Services to subrnft a ProposdUtothe Cl°rY Department. CONTRACTOR shall not perforTn any' Servkms or provide pd both Services and FIroduicts unliess the Manager of Procurement Services authorizes p°° T" p provide Servilices Amur both Products and Services and all other contractual requirements r m N Mclu dlin the Pricing it pIU Products, Products and Services and Setvices. u Prior -t -time Mainager of 13rm° m mmt Services authorizing CON"rRACTOR to pirovide m p or W- h Products and Seindcee to a GMYDepartment, the Manager ° f Procurement Servioes shall: w Obtain UIifBE goals fmrorn'the l Ms Dia or of Human Relations If the issfimatedd cost of the Services or Products nd Services excBedsh dollar threshold r I I IU, BE goals andVV' u uc,.9 Goals for MBENVBE goals; bw Have the CITY's Dir :or of Hu rneimm Relations d to mm°mlmm whe.-ter the needed ,Services ami subject 'to PrevaUllimmg Wage requIrsiments and Payrnient Bond and Performance and 1110alinteniance Bond requirements; f "m��"`III'O RACT IR F'I1"�01w.)UCTS NI,"�P SERVICES F 2 of 2 (Rnw. 12-45-16) 196 il')acuftni EnvilliMeIiCk to m o j c% Ariy other Legal mvquiireimients Including mpompp nmo p m tiv CITY's SiLll 11 requirements u if the Cl'rY" 1WHENVIBEprograrn r dir mem nts are not ap;Alcabledue to not rineefing the cp'p r t reshoi m w form accepts, We to the City,, on the Hca 4, 1E,,l r olive ll Contract. '1111111 Ili 11�111 TWO ii -11 r (c) The date of the ffist Purchase m r issued the p° r the I ne this Contract shape be the eftefive date ofthe renemel@ teal or transition term, Sec. 5 play p , () CONTRACTOR shaIi subrnit. to CRY a request for payment (I uw llom cloy 'Ien) for seMcee perforTnedplop sufflclent dii for the p ermin that the amount CONTRACTOR is requesting is In fact d�ue and i:*yaNe, () CITY shaH not Ipay any IVli flu°cmn CONTRACTOR I6IUc, m TFU%C O is In cornpUnce with,,In Inct In breach or defaiult of, [i terms, c n � and conditions of tKi Co umtm ct If damages are u� l lump „ ' y p„TY as a resuft of brealob or defadit by OIV 'T '01-1, CITY imayovithhold p ayi m nt() to CONTRACTOR TRACTOp forthe p �mm m meet off until m ch tipm�mm them o rmmcu nt f damages due Cpl °0°rorn �p „T„"p° ,'� O rnay be tclo°u inki o P2 S' IIIIR CON TI'!IAc' ” 1!0I1 IIRII'RQI��)c"FS V2111) Cil 2 Vll'IIIIIIIII 12..02.'11112) 197 Doouftn Eii'w!Wope Dc III II1DII 1IIDIBDO (c) CITY shall not process CON"rRACTOR's Invoice unless I,,, R°' Invoice is in V 111 lu,° forrin, corii-safly nr luru a ted, aind is rov U under -the tenns of tlNs Contract (d) CITY is not flable for any obligaflon hicurTed by CONTRACTOR except as approved under the pmAslons of this Contract. ( Payment to. nrns are net 30 days. Sec. .Il presio tali n ind Warrmitles af CONTRACTOR. CONTRACTOR h Io ld r tand vmrreints tothe CITYthe folloy rig: () CON,,,I„ IRACTOR is In good standing t.inderthe lamm of the state of Missouri and each state lin which it does business, excel:A ani such state where time faflure to IM in goad standing would GrootIhriald u° „- our CONTRAGI°'OR's ability to perform this Contract In accoMance with its tarrvis. () CONTRACTOR warrantsthat l0 goods slued Products dui re.. sold fte af any security lintereRt and will make avallable to CITY a1II transferable werraintles (VnclWGng Wth,DUtUrns tion ... ......................................................... ............................... ........�,... R NT IL.. 0^ kQll.) T MiL) SER CES VIage 4 of 20 (REV t'1112 05-116) 198 Dorm n IlEowWloFioe IIID: 4 58 I 99147��,81OB3DEIBBDO wermntles wMi respect Intellectual poperly Mffingm urmiu nt unmade to CON rRACTOR C,T by the rnanufacturwrof the CONTRACTOR N IMKES NO OTHERIMPLIED WARPLANTES,l AND SI-2ECIFICALLY MAKES NO 1IMP1.11ED 'I ➢°' N TES N",,, IVERCI°°p N T NLN OINK 11°°:IITINESS FOR LtRP . UNLESS S ° N°°flEIR)NI EG, RE14 'I 1114 WRi rI N AUTHORIZED E IN EI Ilr lE-fid l 'T"°I NNS1F, I 'LLIER, PRODUCTS [ D HERIEUINDER ARE NOT 1119TEIVIDIED FOR USE IN NI:1 CONNECTION V1Nl114 1) A114Y SAPI;:TY All-"Pl....ICA1„pl 111 OR THE N TANN' MEN' NNS F A NUCLEAR F", ILII pR 2) IN A HEALTHCARE SITUATION, , HERE THE GOODS HAVE PoTENTIAL ICOR DIRECT PATIEIN T CONTACT OR INHERE SII T CLEARAYCE FROM NSA" rlEN T tom/ N II °T BE IAMNTAINED AT L TIMES, Neither pain shall be 0able for any delay or fallure to performunder this Agreement In the event quid to the tuft t t such idday our fallure arleesout of war, elvil cornmoUon, sus of God, accident, fire or water dwnage, explosioni,istrikes or lockouts, delay in transportation, legWative action, gownment requiations or any olli ur event beyond tIm ii,,especbve pairtys reasonable ow°dralw Sec.1 0. Dofaiuft and N rinp. () If CONTRACTOR shWI Ihe In d0faUlt Our. broach of any p rovisl n of ffiIs Cointract, C[TY may t uwmki t ftim ntract, siiispend C7Ys perfoirmancel, Nt iblM Ip payment or Invoke lu°m other legal or eqiubble rernedy after glu png CONTRACTOR ten (10) days wrttm mm notice and opportunity tD cumarin uhu ft- or breach. IWAS m 11 CON I �Mc m F(.X�,u m��u�IP II..�m m II III��) S11!!I14RVp 11111"� 4�Iege 6 of 2 (REV 12-05-16) 199 �DIDMASWV1 IEiN' dope Mwalo, 11 310111'1�"��1 B1111131Di 'The iiniftsUoin of reimedies Irnposedbythis Section p mapy apphcaWe to Productsand Goods jr,uirovlded by II "II and this lirniftatlon of remedies u mn is not applileableIf C0114"11 RAcTOR 113imAdes Servicesr both Products, Goods and Services pursuant t Section 3(c) of this Contract. See. 112. Acceptarice. No payment me under this antro hall be proof 'p ra perforrnance of the Contract, either wholly our In part, and no payment shape paina shv ° Iptanice of defidient or unsafisfarAmy sorvices. a1 . Records. () For purposes of this ion: . "CITY" shall rnean the City Auditor, time Otys internal ur, Ole Cpl's Director r Human man peep ons, time Uy Manager, the City departvnent adminlstering this Contract and their delegates sand agents. 2. "Record" shall meen any document, book, papier', photograph, mem , sourid recordings or other u°mmmn t rpm 1, regardless of Iphysical form or chameterisfics, made or roeu.-Oved In connection with this ntm ih and all Contract mmm ua 'mem ren rn m mmem 0 . ) CONTRACTOR shall malritain anid ael 1pmi all Records for a Winn n five (5) years that shall begin after the it ti n or termination of this Contract and all Contract emendrnents. CITY hail have a right to examiner, audit aplp Reoords, and CONTRACTOR stiall provide cc to CITY of app Records upon torn (1 0) days wfittery notl 'I'vormm tim CITYu () The books, documents amid records p "i"p,,,, CTO In wnrwcton Wth this Contract shall be made avellableto the City Auditor, the 'Iu Internal Auditor, the City's Director of p°inusmren Relatlons and the City depairtment adirnivilstevingthis CoMmct wkhln ten (1) days hair the rrn°mm request Is made. tl IlAR CO III RAC, T 1!!O 1 RO1 rug E) SEIICES age 6 of 2 fl!IE w 1 m'' -16) 200 V h f li m' VIVI, w 0 II,�iw�u,,,�'"�,,��I�IIf„"'',�",�"�III'.�, () Subi mK., in psmummp or electronlic format, a copy of Contractor's uirrent cedificate of compliance „o the Y �hContract,, unless Relations �prs pm IV�m'd IN��III� prior to � 1submitted to 110 Iving UGl�ui i prmmlosmumph u�l�ldllo° at anypotnt VvIthin the previous , I (2) Icaleindair years. it, aind IM/ iofo Contractor does not possiess R cuirrent u^ IVpiu pp lu'm of compflaince, contractor Matt submit, In Iprint or electronIc -format, a copy of its ur mm live actloin progirearn to HRD prior r rec6ivbig th fmm° 'p 113eyrnert under -the Cointiract, aummmlpss as a copy has already beein subrinitted,to HRD at any point: m itMi'm the previous two (2 psmumdlm ym,o Require Iny Subcointnactor drdedsubcontractdlpulm 0,000, t affirm 'that: ubcoim trect r h I� mumm w plpm mm ppm' m lmmm In palace near will I o pmmp 1pum the affirmative action program in placefortho duration of the pub ntrac . ( IVmm 'frommm ainy Subcointractorawairded a subcontractdki i , 1 . plp'm Subcontractor's current certificate of corn; lanoo and Ilmlnd m a CQPY of the same, in print or dtactrorflcibrmat, to p 1p l ' within ppmli () days from the dale time subcontract is ut d, ply and only It, Subconbnactor does not posse&9 a cuirrent. certificate of compHance, Contractor shall obtain a cop of the Subc*ntradorl's affirnnativie actp 'Ium program aind tender copy of the umm , in print our eliectronIc,format,to HIRD w 'p'phin pphmprty () days from the date the subcointract is executed. City has time right 'to take ac d mm as directed Citys p,,,,l ummm mm Relations Department artmmment t for -this provision. ion. pf mmp cm' p' ill , refuses r neglects mmmp l pppm Hie provisions Ism f Chapter3 of City's Code, thein such feflure shall be deemed a folAl breach lhm Oils Contractand this Contract Imay b Meir mllum t d„ canceled or suspended, in MiWe or Ipmm pa u% and Contractor may decJared ineligible for any further contracts funded d Iu for a period of one (1) year. This is a mmm teirl p r mmat' this CoftvOt. See, 15. Tax Compliance. It the CITN's payrnentsto CONTRACTOR16110, 100.1101 for time period of 1lWay 1st through April 30th, CONTFIACTOR shall proVide proof of cornplianoe with thle CITY'stax Imdlinan itni Ister by the CMY's mmmMSWlmamm r Of Revenue a precondIlUointo time CITY. Im°mmasMlom thefirst payment nt under this Contract. CONTIMUOIR alsoshall sUbirnitto the GITY proof, of cornpIlaince with the GI "'T Y' 'tax ordinainces adiministered Iby time Cil 'u CIDmmmrMssl ner of Revenue condition precedent to the 1 I"Y making ' nal l',myrnent under pileIom rlm°" ., Sec.'116. Buy Arneirican Preftrence. It is time Ipolicy of 'the OTYthat any manufactured r comirnodffles used or supplied in the peirroirmenice of any CI T Contracl. or any ms l' mmtrathei h pIIV be nnanufactuired or prodiuloed In the United StEktft)Nheineveir posWblie. Soo, 1' r INotices. AM notices the IVven hereunder mslp'm pp be In iowrriUnq and may Ibis given, seirved oir made loy dej,.)osWng time same In thie UnKed Statesmall addressed to the party to Ike notified, postpaid Ind u^ p p p m ru�Iul d w lltpm return reicelpt requested or by d IVll Marl 'the same in person 'to such pain n, Notice deposited In time Irmm pp in acoordance with the provisions hers m1 shatt be offectIve uinliess otherwise stated In such notice „ amµ pm'm this ntr from and after the second day next following the date postirnarked n film Immo p' pa containing such notice. plod IVyen pain um heir Imrm�rom nner shall Ism effective onlyIf and m hien u by the pairty to be Inotified. IV notices att be d p 'lime p ply w plmm addresses:, if to the Y City of Kainsas Cho Missouri ri r1' 4 East 12th Strep,,, 10 Filoor, Room 1102 IN Kansas City, Missouri 64106 Attantion: Cedric Rowan, C.P.M., Manager E!l (iii'0I11 `III, f IYI"s)FRQIImU OTS III III, 201 D=Mgn Ehynlopn HD: 4A025638,,,,Ar-4A-49FO-0047�,,,B 10MEMBDO E -mall: ceddcxowanj�.. �kcmg�.o . . ................ . ................. Telephone: (816) 513-0814, Facalmille: (816) 513-1066 With coplesto: Law Department af Kansas City , Mesouri 414 East 1 2th Stre. et, 23d Moor Kansas Cfty, Missouri 54106 Attention: Cecilia Abboft, Esq ., My Afforney E-n-wil:2ggl �,h�ojft�rmm� Teiephone: (816) 513-3127 Fax: (816) 513-3133 If to the CONTRACTOR: Grayber Electric Company, Inc. Roinald Dore wher, IMatliona I Sales Manager, Coq)orate Sales 11885 Lacklalid Road S,t, Louis, Mssaiuirl 63146 E-nidll: Tel ephomm ':'...........( 3 g1)„ 1)...... 3 06-3263 MotMe: (301) 830-1424 Sec. 18. General prim dervinificaflon. (a) For purposes of this Section o0y, the fDHIDWing temnsshafl havethe vreanings 11sted: 1. Claims means all NN Nr damages, Ildbility, losses, oosts and expenses, court costs emend vre%asonaWe aftorneys' fees, Including attorneys' -fees incurred by the CITY in the enforcemerent of t1ft Indemnity obligation. 2. COINTRACTOR's AgentB means NT TOR' alfflicers, employees, subcontractors, succeswra, assigns, invitees, and other agents. 3. Cl I'Y reans CITY, its Agencies, Its agerent s, oVIII s,mfr cers avid ernployees. (b) CONTRACTOR's obligations under this Section with respect to lied ernnirmation for acts or omissions, Includlvig negligence, of CITY, shall be Urnited to the ooverage avid limits of Insurance ti-iat CONTRACTOR Is m.- qUired to procure. and m6intaft'i under this Contract, CONTRA MDR affirrns that it has had Itie opporturilty to recover all costs of the Insurance requirements imposed by this Contract, In its contract pdce,, (c) CONT RACTOR WWI do. fend lndemnify aind hold pie rWess ary ftvp avid agalvist all dlahns avivift out of or resulting frorn all acts or ornissions irt Gonnectlov-1 with this Contract causod ln whole or in part by CONTRACTOR or CONTRAG"T"OR's Agents, regardless of hethier or not caused In part by any act, or ornls6lorv, Including ren egHgeren ce, of CITY. CONTRACTOR is not olAgated under this Section to Indemnify CRY for the sole negHgence of CITY. (d) In no evenit shefl the Wnguage In thts Set" tlon constibito or be construed as a waliveir or Ilmitation of the CITY's rights or defenses With regard to sovereign limmunky, governmental 1AAS I Ell GUN M( . . . . . . MIR 1 4101)C I SANIDSEAIMCES Page 8 of 20 (REV, 1 16) 202 limmurifty, or other officAal Mvnirnunitles avid p u t Glp um provided u y the federal and stFAe constitutions tion r by p () CONTRACTOR ehWl procure a° nd maintain uin effect throughout the t mnm of, ,gips Conbmet Insurance poHdes wfthnot poses than the types and arnounts specMed parmu this Section. CONTRACTOR must, have: Cornrneirial General LWbElpty Insuraince Policy., Wttm limits $11,000,101001 per occurmnce aind $2,000,000 aggregate, wiritten on an woccuirrenoer basis. The poRicy hell be written or ersdorsed,to 'inclu,ud tum t"pp um provisions: w SeverebRity of intewests Coverageapplying to Additional insuireds l u ntr tuua lILIeWppty n pDia, l31roject Aggregate Ubpppty Llivrift or, where not avellabW, the aggregate limit d o No Contractual Liability Urn t tp um aid u- „ ffma umt Additional pnsiured Endorsement, p -Form CG2010, current ediflon, ov, Its 2. Workers' Compensation insurancm avid Employers loye IUa 11 pppty PdReles as required by Nifissourl pow. a IftKis Coirdract Is for pmiur tm sMonu 1p services, CONTRACTORIhidip obtain Professional Liability insurance with [imbper clairn and avinuW aggregate af $1,000,000. All insurance ran potUes requWad In this loin shall provide th t the ppp , EI not be wnceW until afterth Ipurm xrei° provides the p ten 1) days written notice am R tion in the event that. the nH tp um is r CONTRACTOR's nonp u yu nent of prernUrns aind thli ty (301) days written notlU tp t ion to CRYu°- 61 other reasons ofiu�m plabonu iwFEK 35RTMU P lain FR560C 0 m V' I)!"I'�°JIIRV-1," ES Plage (REV. 12-06-16) 203 () The Cornmeraki General and AutornobileIV"",V NUty Insurance PoUcles specinedIb hall 1,,xrovide that CITY and Its Iun Vm r agents, offlicia6i, alficeirs, and employees, while acting within the scqpe oftheir authority, will be named additional Insureds -fuer the u V ° „ performed uumn ur' �pnp' � mn�V:m w CIVIL CTOIi° haD provide t l"p"t execution of this Contivet a certIficateof livisiuvrance showIngall required endorsementsand itio n V puns ulo " ( All insurance p oIlk pu musi: Ibie p roil Illi by linsuiraince Companiesthat, have an AM. Besys main , "AN" r better, and m Hic*insed or approved by the State of Missouirl'to provide pmm uum mn ° m In IlWa uuum°pw () Regardless any approval by CITY, CONTRACTORMWI maintain this requWad Insurance coverage lump foroe at. all firries diurIngthe term of this Contract, NTRAC i ` IV e failuuur maintain in tIh required Insuiraince coveragewill not m° IViV m-ve CONTRACrioR of fts oomnpu uctuu IV I IHgatl mn to indievnintry the CITY puireluent,to tliW Section of -this Contract. In theevent CONTRACTOR IU° 'falls 't mmuu intalmn there uuVm"mn insurance rag in affect, imp,,, may ,declare CONI RACTOR In default. ( In no event shaEl the language in this SecUo n constftLdie orpm uln nm ver or VVmm PlatiV mn of the V ' rights or defenses mn with regard to sovereign ipmmnlmmnuumnity, govern°mnmmn lu m V 1MMUrlity, or IViorar.IV IV Virnivnunities avidprotections tection provided pine -federal avid state constitutions or by, W,w. Seca 21. Interpretation tine Contri (a), C11„, selected C V ” p° 1"Opp tlir uu IVn a negotiated procurement uuremmment p r rather the n shin Vmi,W,Lstlo n flu° ffids (IVIV' "IIB) a fldi at!Orl. Urflike the VFI3, the Ip it plo thep r In C II ""ri V ul discuss and mn p p contractarm's IV Inn th puha° to enteiving a Ronal coirvilrRict. that is aoceptabWto both the p' avid the CONTRACTOR, After negotiation avid discusWon, CONTRACTOR and CITYhave Incorporated mu!Uple docurneiritsinto -Oilm Agreeirnent and His rneaning of soirnemt plVn words used inihe Agireeirnent may be uncertain, inconipWte or duplicative anidtheu u mmn mnt may IpmrorM uDmmnumppnpmn t one ki and IV IVB that promise mmmi Vl another., In sum, 'the Agreement may untai n mimnis andprovisions that arelifib more ha n onis meavOng so that reasonable peirsons of average inteiHigenos rnay fairlylon hionesUy differ in their mn truo mn IV off't�ne moors and provisions. It p the intent theCl T' gond' the I °'p"V,,, TO that the CHYstaxpayeirs recWvethe benefit n r advavftge In the construction airvid Interpretation f this m mm ant, regairdWss of the norms Ijud Wal rules untr mn r u do n even luf the construaboin and Interpretation ,the r mmm mnt w VV cost the I °'p` 'TO more money eind Vir n w CITY and CONTRACTOR "' O Orw fli IV"V" e Manager of Procuremeirit Services sJiall, 'pnIp wi atVm lun vii th a representative of suippliair, rosdNe 61 d1Vsagreemeirds as 'tothe meaning of this Agreernient or any ambiguityIn 'this Agreement. The decision f CITYs Manager of Procurement haU be Midi and coincIuWvs if allI pairties have acted umn good fIlth. ( V Tpu I O acknoWedges andagrees m that the Cl'..p„ has provided m„"marwet th an DPIP'Drtunftyto have CONS" TOR's attorney review and adviseIV '°p°'V CTOVA on this Agreement and any p otein al ambiguities or areas of disagreement and the Ip ate nullal MAS FOR cN rRAc m U oU FIRODUT AND SERVICES U) iii "10 ol 20 piimil_�r W °12-05-16) 204 adverse legal consequences of CONTRACTOR agreelingto this Section as well as OW enflre Agreement, (c) CONTRACTOR ceftifies that CONTRACTOR has either (1) Wepeed Its f ' pit to have CONTRACTOR'CONTRACTOR's attomey review this Section and reenient'a or (2) CONTRACTOR has consulted with an attomey onphis Section anid Agreement. ') CONTRACTOR knovvingly and voWntarfly agrees to this Section, as anierided, avid the entire Agreement. CONTRACTOR certifies that this, conbvd, was not procured by frouid, dureas or undue Influence. Sec. 24. Assignability and Subcontracting. (a) Assignablifty. Contractor shaH not p lun or transfer any part u r all of Contractors oto bion r irderest Intift Contract,mahout prior mnitten approval of Cfty. If Coriftector shall assigin or Van r- any of Ift obligabonsr intorests unideir this Contract m6thout the City's prig written qpprovW, It shall constitute a vneterial bimach of this nt 'ct. This provision I not prohibit r from sulDwintracting as oftierwlse lxvAded for hereln. � ri R c5q"FRAc r F�OR PROM��M ' ) SE ICE�11S I IIIof 20 fl!IEV 12-004-16) 205 Domiftrii EnvOkoe JIM rSUM"OHDO Sec 25. ProftsslonalI Services ww C rmfllU t of Interest CerthReation It this ntrm t 1's for professional seir%1ces other r than for medical dodors or appraIsers, CONTRACTOR cerfifies that CONTIR.AcTOR W namt an expert m rptn mr any party In iftigaflon against the CiTY at the firne a f the Issuance of this Contract. See. 26. Minority nd Women's Business Enterprises. (m) COINT RACI OR shali assist City CertMed Minority Business ine 1°� n'te rp)rl (MB , CityU Certified Woman Business Enterprises BEand My Certifled Simall L ocal Business in IY rmterprl (II,,, BlEs) grr.w, d u l i-,), and prosper lirvthe pm lumlic sectm, by lmplei mm rmt tl um of the requirements of this Section. lErriployee E1191blifty Vw1ficatloin, N "U T hall execute and subrinit an affidevit, in r t r rn prescribed byMe U , affirming that CONTI'tACTOR dove not kriowlri U employ any person In wrinecdon Wtl,iffie emritracted serviceso dries not havethe legal right or authorization under r f d u l 1 �w to work irru,llhe Unfted States as defined in 8 U."C" 1 ( ()" CONTRACTOR shail attach to the affidav,it documentation sufficient to establish co,NrMaroffs enrol[ment and participation lum an lr tra rrl ver"Ifira dorm of work program operated by the United States Department U""l rmmasl nd SecuirlRyto verirty [Information of rme ly hired employees, , undelr the immigration and Reforni and Control Act of 19 6" CONTRAcrOR may obtain additional irtfoirmallon about IE -Verify and enroll at .1.).112 ;'H'"e": verify. u w � �q p �� u^11f,,,� I �" UI�°u r elm "l�U"" 1 nroH lay I ""' rl , thefirst and Vast pages of the l -Verify I'Viernorandurn of Understanding that C0114TRACTOR will obtain upon successfully erimliing In the program Miall oonstitutn sufficlent dociumentation Ibr, purposes of conriplyling with this ction. CONTRACTOR hall subrnit this udu mrlut and attachments to time CITY prior r" t execution of the contract, or at any point during d'ie terra of the contrRict It r"eque led by the CITY., Sec 28. l-Erruruer erg 1 ( U U e ter° rearms any large le event such as an act of terror rt rmm, fire, wind, 'flood, earthquake or other, natural or mairi-made calarnityVi lm results in, or has the potentlaIl t result In a slignMeant loss of Ulte r property. (b) Durtng and after a disaster, 8'TRAC i `OUBh ll provide services -1 -the iUrm lumdUrm CONTRACTOR ° lmrrll Ipmerm c 1 't,p,,, T U° ' facliffies even on nights anid weekends as necessary to meet time needs, of thle City during disaster, ( CONTRACTOR S° hall not charge CITY any fee for opening facilities during an arnergency or U'm r extending 1 ° CU ' hours of o er tluemrm during disaster. M"Y shaU Ippey CONTRACTOR the agrised upon conbact prices,for eUUI purchases rnade by CITY duiring time WAS I Ell CONT!1ACT FOR IIIl�!!'RODLIC I AND SERMCESrage 12 of 20 a1 disaster and COM„°I..., „'IO Im llu not chargie CITYany additional marl(-up,fee or cost for any purchases made by CITY duringa dlsasteru CONTRACTOR T Ih ll quickly mobilize ,,,I,,,MCI ,,, OlTs internal and external resourcesto assIst ClTYn a disaster unfolds. ) Extended amours and personnel. During rin disasters” CONTRACTOR's fticliffieshaH stay open 2 hours if u est y tIhe OFTY. coNfRACTOR shsll u011 o s dfflonmsu CONTRACTOR peraonnel 'pry'lake CITY orders ff necessmy. I I "s Cell Gentei, shall acoept phone orders 2 Im uuuis s day. f) CONTRACTOR spinant II'ms" s oontingency p plums with C NTIp" "rOR's suII IIpIIIIsrs to p r amripl additional supplies and equipment quickly to Ci']'Yss Aisle ° () CONTRACTOR shWI cooperate Mh CiTY to properly dowiimmsn°mt any arid all expeinses Incurred by CITY YAth CONTRAC'IrOR wid CONTRAcTOR shall assist CITY in rneeting any and slll docuirinentation requirements of time Federal EI rosrOsnm y Management menmlu u su°miW Sec. 20 "inn71inne af Delivery. y. Delivery Is required i 'prm be rmms rm in s °m r sum i u°m the sclieduleshown In time solicitation and piuuur h ss order, Seca 309 F.0.13., o Destination. All deliveries of Products shall be F0,113. . p s pum ii nm and all frevght cheirges are 'Inc.1uuu a pato the mur I°mase I,) p „ charged by CONTRACTOR to the CITY. (s) The proposed se pricing applies, to normally stocked Grsyu sr rmmsl' Alas. Discounts um fered are passe on time GIr yllfmsr p ,pet Price Ir Cost II In effect at flumina of order. 1 (c) Orders requiring irulum0 nmm sy or expedited niextday' r p non stock Iterns, speclai order or speclM hwidllng and matefts obtained from otIheir Grayiv.r warehouses houses r mto ufact reins, may Include slflpumpm1um0 or handling charges. Any shipping, pmsumdllrm0 or other costs will The Seca 31. Quahty. All Produde shall be new" in curreint production, and the best of their Idumd° When applicable, parts and maunteneince shaH be reasonably smrsplslp l ° New equipimeumt that is obsolete r techinic6fly outdated is not. acceptable. Remmiufachuivd or reconditioned iterns u not considered new. Urns slpmu lip be properly packagedi,j packed, labeled, and Identified loin accordaince mu ''plm commerclalI slartdsu°ds acceptable to the trade and as requlred by ICC and otherfederal and stateregulations. F)aoldng slips will accompany any th slmlp umm rm , Sec 32. Mrand MumNaime or Equal. Whenever -His rsarne of the rrmsrmursctuu icer orthe s'lurpmp ll r Is mentioned on time face hiereof and the words "or p" do not foHow,III: slmsllp be deermmsd that th words "or equal" shall fbilow such desiginations t,jMess time faos hereof slpu llnss "ino SUbStJ Ut1iDrms",, The 'u p° nmrusy assume that Items subimitted are equal or it may request sslrmps and proof theireof anid unless su approved before shipment, reserves ry right 'pram return s 'plms I 'TRAc OR'S expense all Hems that lain riot somptabias .......... II°� m .��Ilh 114!NR011.) r AND SEFRMGll1111� Pa 1 3 (4 20 207 iu p , 96W items to be replaced y the COWRACTOR with satisfactory items t the otiginal submitted pidice. Sec. 33. Cornimerclal Warmimntya °thmu cownRAG"T'DIR agrees that the Products and Services furnished uuund r this Contract , h ill be oovered Icy dine most t p vorabl mmmnnnu'mm i' p warranties the CONTRACTOR givesto any a uuu t inner for such supplies or services and that the rights and remedtas p rDvid d her In are In addiflon to andnot Omit any rights affordedto the CITY by anyother clause of'this rdra w CONTRACTOR, UI , represent that the warranties set forth Ih luet n are not less favorable than those currently extended tui any other slimflairly situated gloverniment, governmisnAW entity, par iiti e d IU subdivision, city,, state, hoop district or other p uui iic entity cau t r nu ry for the same goods, in equal or less quaintitles, as pert of the hmni'i r r n rk t basket, t, and under sirnflairterms. Sec. Sellers Involice. Invoices shall he Iprepared rnd submitted M dupflcate to addressshown inn them purchase oand r. Separate inWioes aloes required d t lm each purchase order. Invoices h ill c n imn tine foOcANIng information: purchase oIrd lr number, iternn number, description tlion mit supplies or services, sizes, unft of r n uulm ,untityt o unit pd , and extended totals. Si 35. Inspection and Acceiptmice inspection and acceptAkrice wipe Ibe at d u tine tpmnun uniess um spied otherNise, and will be m,ade by the GITY department Ih in the shippIng address or Dormer duly authorized trepresentathre of the i . t,lintii delivery and acoeptance, and atter any rejection, ri k of loss viviilU t on this CONTRACTOR unlessIo&s reauita fr r n negtigisncemit the Cl"'mow E li' "'r rm wfil be notified of rejeded shipments. Unless agreed thamvii b itamna wilt be m tuurmnad freight icoilliect. Sec t....ass and Damaged ShIptrnents iiia of loss or derna a tum linin e pmt r t them tlir ne of their recelpt and scoaptance by the CITY is upon the CONTRACTOR. The CITY has no obligaflonto accept darnaged shipirinents and PBSGIVIN the light to return at CONTRAci ows expense utam , merchandise ve n though the darnage was nt u pup uaht or idlecovered murntI l atter rain 'tpmt ofthe ltamnn& Sec 37. Late Shipments. CONIFRAcTaRis resip.mnsHMe to unotffy the CITY du 1partumnennt re. calving fila Items and the Senior Buyer of any lata or delayed shiJI),ments,, The CITY reserves the might tun canceI all or any paint of an order it the shipment nt pa not: made de a p ror niaadu See. 38. Tax ll ammmpntp mm - 1,24deral and State. ) The ary is exempt from Federal ExaWe and Transportation as on purchases under Chapter ter , Internal Revenue Code. "'i'"trisfederal tax registration numbier Issued , by the St. Iouis Dletri t Director on November 11, t is INN. 437403410K The ary Is exemTA from p ymnnerd of U pa„ uumi Sales and Use 'Tax in Accordance with Section (t) utpcia 3, of the Missouri un titu born almnd Seal rna 144.040 alund 1,44.615 SU o 1969 and supplementithereto. A copy u p the exemptionfrorn IMISSIDUIN Sale and "rax is awruniialble iulpon request. Sac Annual Appropriation of Funds. ds. a) Multi-year -term supply ly arnd service contracts and leases and the exercise of or.AJoins to renew 'term omntr are subject -tui annual alppnr pmutatloin of funds by the My CounclL Payments e nts trade +under term cordrects and leases are considered items of current, expense. i uurchase orders are IWASTrR COM III"°III" F�!' "nlll��k Ill)III�°"QC�)UCT a 'lll��n SOM1ICOE �!! i�ill W4 of 0 (REV. "12 110 n nim) 208 �)oruftvi ElE n ops IM dl' P''947-81OB DEEB I fmminn issuled, therefore are current expense itmins andare not subject ct t any subsequent approptistion of funds. Sec 40. Performance n and MaIntenanco Bondand Payment 'Bond" 6 S m'��'�JliF III ' m"°III°� � '°III"" III""'° III' F ""T' I III°',� SIM„1 II S IIIIIIII°' °� �� 5 of 20 (IRFV, 112,05-18) 209 DorAiSign EnvelopeIsm Hca 41. UVam! wnlUl00ng Wage. A. Prevailling Wage, IF a Work Order Includes o mk that requirespa,Y'm en f pirevailling wage as got f rth In Sections 2901210 to 291111 340, IRSMo (theK'U.. "" " CONTRACTO shall pay wodcors it w ailliong wage In accordance with this Section and the Law, Under the. Law, way m1( -Hiat rneets the mwUlU utero of "iria'pr Ull "Includes ooristruction, re construction, improvernent, e6Wrgisvrent, alteration, plUimwtUrwg and decorating, or major repair." aiir." "MaiUntenarw work th,Ed is not u bject th Law Is dleffiried as 'the repair, air, U u t not the repIUacement, iof existing facilities whein the size, r el of the UU Umwg fecal les is not theireby ichangediow Increased." 1. Contractor shafl loornply amid rel its Subwntractors to complywith", aa. Sections 290 2111) 'to 290.340, IR,SMo the State of IlAssourU U rma UIUIUmwg Wage La. w (the "U..awa ); amid b. 8 CS U -' . U1U ,IUm g CSR 310-.3.060,the Flrevdlfirig "Alage Law Rules (the "°U Uaa")'p avid .'the ,manual Wage Order (Arage Order) issued the State of IMU arU"a U pau irnevA of Labor amid lvidu strU U Relators; and . any ppUU ble AninueI I ncrernentdU IN age Unicr a (Wage Ino aa) tothe Annual" Order, 2. The La r" RUw , 'Otago Diner amid any 'I ga' Increase are Incorporated Into amid rnaide pairp heireof ttfls CoMr lcl avid shdH bre collectiv6Uy referred to In this Section as the "U r vaflirmg Wage Req Urleme l .w In 1Uime event this n ra 1 its renewed for an adiditional term, the IlAtage Order In effect as of the cruamein ua ent. date of the addltloftterm, as sivnianded by any appUcable Wage Increase, shall be deemedIncorporated herel n and shaH apply,to amid remain main Umw affect for the a irq U mw of the addMonal teirm. 1 he newWage Order and any applicaMe'Wage Increase shall govern moo ithstam ding the fact that the Wage Order being replaced la e might be physically UU tt Uw -to tlMs Contrect. 3. Contialclor shall pray and require its Subcontractnirs to pray to all workers poiformtrig work under this Contract not less than the prevailing hourly mte of wpm g e U r pews ClaSS 'or -type of work performed W' the worker in accordaince with the Law, U u les, Wage it er and any appilcable 'lugs loci „ sew Contractor shafl take Whatever steps are neoessaryto Insure that the p r mvUUUng. hourly g rates are Ipalavid that ail workers for Contractor avid each of Its Subcontractors, are paid for 'tlhe class or 't type of w od( performed by Hie woriker, Uma a=rdance mrith the PirevailingliNage Requirvral . U dov, to each of Its Subcontractors ' „ UmwmmUimwg'WWork onthe Site, Contractor shaall require h Subcontractor to 11:10111plifftB Ut "a U oirim 010,490 entitled "Pre -contract CeiftificatJoin" that sets forth th UII m11m°a it"a prevailing enrage and tax compflanolelAstoiiy f r tli tw(2) yam pul it to he blid. Contractor shaH retain onle (1) year, and make the Pre -contract rtifi 1U na aveflable to Cityw UVhin ave () days afteir written request. " Cointraictor shall keep avid reqiidUre each of its Sut*ontractors eingagedIn the construction of pu t)flworks in Iperformance o1 the mraUVioa Ct to keep full and accurate records aml ity'S pa s. Contractor shalt . Keep and require each of its Subcontractors emwgag In Vie construction of pubUc,woirks In performance of-dis Cointract,to keep pujUU amid accunate accuraterecords on City's `E)aily Labor U'"orce Repiorr F"orm Formindicafing the worker's name, occupatioinM tifle or classtlicafloin group avid skUUIU and the wpm rU(r " hours. City shall furnish UAaink copies ofithe Dafly Labor roti R CONTRACT' IIL.IILk Flegel 6 of 20 (REV, m',2..05...16) 210 S �"�Ilh� �� O I 114!!!CA4 11,�!))1ROI T III �Ilk��llh m �� '�17 of 20 1246-16 211 DocuSign Envolop �M 4AO25038��,Ar,-6A�,�44FO�,�,9947�,�,�81 MMEN MOO 1 . in the everit of the falluve by Contivotor or, any of its Subcontractors to pay wages as provided in the Mlssourl Prevalilng Wage Act, City shall lx* entitled to deduct from the Cu nti IPHce, and shall vetaln as liquidated damages, one hundred dollars ($100,100) I di lxv' workeir who is pald less than the Ip revalling hour iy, rate of wages, to aproArnate the additiorial costs, The sui shall be deducted, paid ov- Omed wheihev, or notthe CovAract. Th -nes have explivd, IWAS"T EEIFt 0014 T IIRACT IzOIR @ )IRQDUCTS AND S11EIRACES F3age 18 of 20 (R.1 ,-1 ) 212 1. Resident Laborers" means hbovem who have been reWdeft of the tate of llAm i for at 6ast thfirty days and who intsind t ireirn lmm MWsourdf veNdent" and mWdents of Nonrestrictive States. C° "p°° ll'""°"'' " IIIPROIII',)UC-M A14D I��Isge 19 of 7 (IREV. 1M5-16) 213 CONTRACTOR I hereby certifythat � have he authoft to execute this document on beheif of CONT RACTOR. T m,WM*0WF14041C psales 11/30/2017 'Title: Daite- IJAS 11 CONM!1AC I �!! III^ III'IIIRQIC°)LJCI" AIMI) S1I'i1,11I" ICE F!�u' ofr w 20 ��IIIIIIII 1-05...16) 214 DocuSign Envelope ID: 4EA9381 F-36FD-451 F-A419-7A512A984B73 AMENDMENT NO. 1 to STANDARD CITY CONTRACT MASTER CONTRACT FOR PRODUCTS AND SERVICES - THE CITY OF KANSAS CITY, MISSOURI CONTRACT NO.: EV2370.1 TITLE/DESCRIPTION: Electrical, Lighting, Data Communications and Security Products and Related Products, Services and Solutions THIS Amendment No. 1 to Contract is between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation ("CITY"), and GRAYBAR ELECTRIC COMPANY, INC. ("CONTRACTOR") WHEREAS, the City and the Contractor are parties to that certain Master Contract for Products and Services (No, EV2370), dated February 1, 2018 (the "Original Agreement"), pursuant to which Contractor agreed to sell, and the City agreed to buy, certain products and services on the terms and conditions set forth therein; WHEREAS, the parties mutually believe it is equitable, desirable and appropriate to amend the Original Agreement to more clearly address expected increases in Contractor's costs that were not anticpated and are and will not be reflected in the scheduled product price set forth in the Original Agreement; and WHEREAS, the parties mutually desire to amend the Agreement upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. A new Section 38A is hereby inserted in the Original Agreement, as follows: Sec. 38A. Other Charges. The contract price for Products shall be increased by the amount of any applicable tariff, excise, fee, assessment, levy, charge or duty of any kind whatsoever, imposed assessed or collected by any governmental body, whether or not reflected in the Product price charged to CONTRACTOR, and CONTRACTOR may increase its cost for Products appropriately to take into account such increases in CONTRACTOR'S Product costs. 2. Except as amended hereby, the Original Agreement and all of its terms shall remain in full force and effect. AMENDMENT NO 1. TO MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 2 215 DocuSign Envelope ID: 4EA9381 F-36FD-451 F-A419-7A512A984B73 CONTRACTOR I hereby certify that I have the authority to execute this document on behalf of CONTRACTOR. Contractor: Graybar uocusgnea Dy: By: Bill Hoyt Title: vP - Strategi c A d6F9578470 . Date: 6/17/2019 APPROVED AS TO FORM DocuSigned (Date) DocuSigned by: KANSAS CITY, MISSOURI t�-� PWAA By: AODFC4EF24E34AB... Title: Manager of Procurement Services Date: 6/17/2019 AMENDMENT NO 1. TO MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 2 of 2 216 r w w NAT10NA PA U INITI S' ELECTRICAL, LIGHTING, DATA COMMUNICATIONS AND SECURITY PRODUCTS AND RELATED PRODUCTS, SERVICES AND SOLUTIONS Executive Summary Lead Agency: City of Kansas City, Missouri RFP Issued: September 6, 2017 Response Due Date: October 6, 2017 Solicitation: RFP365 Pre -Proposal Date: September 20, 2017 Proposals Received: #3 Awarded to: Graybar Electric Company, Inc. contract #EV2370 The City of Kansas City, Missouri Procurement Services Division issued RFP #EV2370 on September 6, 2017, to establish a national cooperative contract for Electrical, Lighting, Data Communications and Security Products and Related Products, Services and Solutions. The solicitation included cooperative purchasing in Section 1. Master Agreement: The City of Kansas City, MO (herein "Lead Public Agency") on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies") is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Electrical, Lighting, Data Communications, and Security Products and Related Products, Services and Solutions (herein "Products and Services ") And Section 3. U.S. Communities: U.S. Communities Government Purchasing Alliance (herein "U.S. Communities") assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited contracts for high quality products and services by large and well recognized public agencies (herein "Lead Public Agencies"). The contracts provide for use by not only the respective Lead Public Agency, but also by other Participating Public Agencies. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • Seattle.gov—The Buy Line Blog • City of Kansas City, Missouri • Daily Journal of Commerce, OR • Merx.com • The Advocate, LA • The New York State Contract Reporter • The Honolulu Star, HI • Washington Electronic Business Solution • DEMANDSTAR, ONVIA • U.S. Communities - Website Page 1 of 2 217 On October 6, 2017 proposals were received from the following offerors: • Graybar Electric Company, Inc. • HB (Delivering Systems LLC/DBA High Biometrics) • supplyFORCE Upon evaluation, the committee elected to award to the most responsive proposal Graybar Electric Company, Inc. for electrical, lighting, data communications and security products and related products, services and solutions. Contract includes: Graybar offers a robust selection of products in electrical and lighting, data communication and security, hardware, and services. Solution benefits include: • Comprehensive Products, Services, & Solutions • Next day service is free of charge for materials stocked in the branch and within the standard service area • Volume Incentive Term: Contract period from February 1, 2018 through January 31, 2023 with the option to renew to for up to three (3) additional two (2) year terms through January 31, 2029. Pricing/Discount: Discounts are based on Graybar List Price or Cost in effect at the time of order. Visit Graybar landing page Graybar Online Store for more details. OMNIA Partners, Public Sector Landing Pages: https://www.omnigpartners.com/publiesector/contracts/supplier- contracts/grafi Page 2 of 2 218 DocuSignA EnvelopeID: 3A8D7C48-36E9-4F63-AB55-C4CF2A976027 1 MODIFICATION OF CONTRACT Modification No.:1 Effective Date: 02-01-23 3. Senior Procurement Officer: Mia Wilson Telephone Number: (816) 513-0778 4. Issued By CITY OF KANSAS CITY, MISSOURI Procurement Services Division 1 st Floor, Room 102 W, City Hall 414 East 12th Street Kansas City, Missouri 64106-2793 2. Contract DS DS 4w � EV2370 Effective Date: 02-01-18 5. Supplier — Name and Address GRAYBAR ELECTRIC COMPANY INC ATTN: JEFF PESKUSKI 11885 LACKLAND ROAD ST. LOUIS, MISSOURI 63146 630-640-4905 6. SPECIAL INSTRUCTIONS: Retain this signed copy of the modification and attach it to the original contract that was previously provided by the Procurement Services Division. 7. Description of Modification ELECTRICAL, LIGHTING, DATA COMMUNICATIONS AND SECURITY PRODUCTS AND RELATED PRODUCTS,SERVICES AND SOLUTIONS Contract EV2370 is renewed for two (2) years, February 1, 2023 to January 31, 2025 by exercising the options to renew, the authority for which is contained in Section 3 of the CONTRACT. Taxpayer Clearance Letter. In accordance with City Ordinance No. 010461, if the City renews a contract, the Vendor shall provide new proof of tax compliance dated not more than ninety (90) days prior to the renewal date of the contract. Submission of this proof shall be a condition precedent to the City making the first payment under such renewal. This tax clearance letter may be obtained from the City's Revenue Division at (816) 513-1135 or (816) 513-1083. All other Terms and Conditions of Contract EV2370 remain unchanged. 8. City of Kansas City, Missouri By: Darrell Everette, CPSM,MBA FDocuSigned by: kya fv� hW§4V6f Procurement Services This Day: 11/28/2022 (REV. 01/09) 219 DocuSign Envelope ID: FB2250AC-8903-4754-BB97-E2F482B9B1FF 1 4 a ' 'IN 34 N. Meramec Ave. St. Louis, MO 63105 Tammy L. Livers Vice President —Strategic Accounts 314-573-5250 Tammy.Livers@graybar.com October 6, 2017 Renee Medlin, CPPD, Procurement Manager Procurement Services Division City Hall, 1ST Floor, Room 102 W 414 East 12Th Street Kansas City, Missouri 64106 (816) 513-0816 (Phone) Renee.Medlin@kcmo.org (Email) Subject: Submission of Response to RFP-EV2370 Dear Ms. Medlin, Where the price of a Product shall be based on a Margin Rate over Cost, Cost shall be defined as follows: 1. Items shipped from Seller's warehouse a. For items specifically purchased for Buyer, Cost shall be defined as the lower of i. the cost listed on the invoice to Seller from its supplier of such Product, plus any freight and handling charges ii. the cost specifically negotiated for Buyer by Seller with its supplier of such Product, plus any freight and handling charges 2. Items shipped direct from the supplier to the location specified by the buver a. Cost shall be defined as the lower of i. the supplier 's unit invoice cost of such Product ii. the unit cost specifically negotiated for Buyer by Seller with its supplier of such product 220 DocuSign Envelope ID: FB2250AC-8903-4754-BB97-E2F482B9B1FF The buyer's price shall be determined by dividing Cost by the reciprocal of the applicable margin rate. EXAMPLE Margin rate = 23% Reciprocal of margin rate = 1 minus margin rate (1-.23 = .77) Cost = $100 Price = $100/.77 = $129.87 Price On Application/Not On File: For materials in our system coded as POA or NOF where the enclosed proposal discounts do not apply, or where we are only provided cost from the manufacturer, Graybar proposes a Not To Exceed Cost Plus 26% Margin Rate to the City of Kansas City and participating agencies. Materials are coded POA or NOF where manufacturers do not supply Graybar a list price in addition to cost. Pricing for these items is based on the formula of the Cost Plus Margin Rate, as defined in the definition of cost information provided above. Sincerely, EDocuSigned by: b. U" A6057F3687504F6... Tammy L. Livers 221 CITY OF KANSAS CITY / U.S. COMMUNITIES RFP SOLICITATION NO: RFP - EV237O SUPPLEMENT TO APPENDIX B-1 GRAYBAR ELECTRICT CO. ELECTRICAL SUPPLIES SCHNEIDER / SQUARE D - DISCOUNT SCHEDULE 3/26/2019 Supplier Description Column Column Discount SCHNEIDER / SQUARE D CAT 00003 QO 1,2 POLE GFI CB 30A MAX LIST 57 SCHNEIDER / SQUARE D CAT 00004 QO,QOT 10-30A 1P;10 -60A 2P LIST 57 SCHNEIDER / SQUARE D CAT 00005 QO, Q2L 2P ENCL & BREAKERS LIST 57 SCHNEIDER / SQUARE D CAT 00012 QO 3 POLE CIRCUIT BREAKER LIST 57 SCHNEIDER / SQUARE D CAT 00013 NQO/NQOB PANELS RTA LIST 60 SCHNEIDER / SQUARE D CAT 00015 QOB CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 00016 I -LINE PB RTA LIST 60 SCHNEIDER / SQUARE D CAT 00019 EH, EHB CIRCUIT BKR LIST 54 SCHNEIDER / SQUARE D CAT 00023 QO, Q2L 3P ENCL & BREAKERS LIST 57 SCHNEIDER / SQUARE D CAT 00024 Q2 & QE METERING BREAKERS LIST 57 SCHNEIDER / SQUARE D CAT 00036 QM INTERIORS & FRONTS LIST 60 SCHNEIDER / SQUARE D CAT 00037 QMB BRANCH CB, SW, & MAIN SW LIST 60 SCHNEIDER / SQUARE D CAT 00038 NQOD PANELS RTA LIST 60 SCHNEIDER / SQUARE D CAT 00044 A/C DISC & PULL-OUTS LIST 66 SCHNEIDER / SQUARE D CAT 00047 LIST 57 SCHNEIDER / SQUARE D CAT 00067 MISCELLANEOUS AC DISCONNECTS LIST 57 SCHNEIDER / SQUARE D CAT 00080 QO SPECIALTY CB, 1&2 POLE LIST 57 SCHNEIDER / SQUARE D CAT 00081 QO SPEC CB 3 POLE LIST 57 SCHNEIDER / SQUARE D CAT 00082 QO BREAKERS 150-200A LIST 57 SCHNEIDER / SQUARE D CAT 00083 QO BREAKERS 150-200 VH LIST 57 SCHNEIDER / SQUARE D CAT 00103 QO 2 POLE GFI CB 40-60A LIST 57 SCHNEIDER / SQUARE D CAT 00104 QO 35-70A 1P;70 -125A 2P CB LIST 57 SCHNEIDER / SQUARE D CAT 00110 RTA PB BOX - SPL,3R,ETC. LIST 60 SCHNEIDER / SQUARE D CAT 00163 LIST 54 SCHNEIDER / SQUARE D CAT 00164 DE2A MISC LIST 57 SCHNEIDER / SQUARE D CAT 00187 Q2M REPL MAIN CB LIST 57 SCHNEIDER / SQUARE D CAT 00900 QOU BREAKERS & SWITCH LIST 54 SCHNEIDER / SQUARE D CAT 00901 FAL240V BRKR/SWI LIST 54 SCHNEIDER / SQUARE D CAT 00902 FAL480V BRKR/SWI LIST 54 SCHNEIDER / SQUARE D CAT 00903 FAL/FHL 600V LIST 54 SCHNEIDER / SQUARE D CAT 00906 GJL ACCESSORIES LIST 54 SCHNEIDER / SQUARE D CAT 00907 MULT19 UL MOUNTING BASE LIST 54 SCHNEIDER / SQUARE D CAT 00908 C60N SUPP PROTECTORS LIST 66 SCHNEIDER / SQUARE D CAT 00910 QO-EPD,QOB-EPD BRKRS LIST 57 SCHNEIDER / SQUARE D CAT 00911 Q1L BREAKERS LIST 54 SCHNEIDER / SQUARE D CAT 00912 POWERLINK BREAKERS LIST 44 SCHNEIDER / SQUARE D CAT 00914 LIST 54 SCHNEIDER / SQUARE D CAT 00915 C60N MINIATURE CB-UL489 LIST 66 SCHNEIDER / SQUARE D CAT 00916 GROUND FAULT EQU LIST 54 SCHNEIDER / SQUARE D CAT 00917 POWERLINK CONTROL SYSTEMS LIST 44 SCHNEIDER / SQUARE D CAT 00919 NC100 SUPP PROTECTORS LIST 54 SCHNEIDER / SQUARE D CAT 00922 IEC UNIT MTG MCCB & ACCESS LIST 54 SCHNEIDER/ SQUARE D CAT 009231EC1-LINEMCCBS LIST 54 SCHNEIDER / SQUARE D CAT 00924 GJL THERM -MAG AND MAG-GARD LIST 54 SCHNEIDER / SQUARE D CAT 00926 QO IND SPECIALTY CB LIST 57 SCHNEIDER / SQUARE D CAT 00927 IND SPECIALTY CB LIST 57 SCHNEIDER / SQUARE D CAT 00928 LIST 54 SCHNEIDER / SQUARE D CAT 00930 LIST 54 222 SCHNEIDER / SQUARE D CAT 00931 EDB CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 00932 FD,FG,FJ BREAKERS (OBS) LIST 54 SCHNEIDER / SQUARE D CAT 00933 Q41- BREAKER & SW LIST 54 SCHNEIDER / SQUARE D CAT 00934 KDL,KGL,KJL BRKR & SWITCH LIST 54 SCHNEIDER / SQUARE D CAT 00935 LAL/LHL BRKR, SW, MAG-GARD LIST 54 SCHNEIDER / SQUARE D CAT 00936 EGB CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 00937 EJB CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 00938 LIST 54 SCHNEIDER / SQUARE D CAT 00939 GRP DE2 LIST 54 SCHNEIDER / SQUARE D CAT 00940 LIST 54 SCHNEIDER / SQUARE D CAT 00941 LIL CIRCUIT BREAKER LIST 54 SCHNEIDER / SQUARE D CAT 00942 LIST 54 SCHNEIDER / SQUARE D CAT 00943 LIST 54 SCHNEIDER / SQUARE D CAT 00944 LIST 54 SCHNEIDER / SQUARE D CAT 00946 EDB-EPD BREAKERS LIST 54 SCHNEIDER / SQUARE D CAT 00985 FIA FOR ALL BRKR LIST 54 SCHNEIDER / SQUARE D CAT 00990 L/M/N/P RATING PLUGS & CT LIST 54 SCHNEIDER / SQUARE D CAT 00991 LIST 54 SCHNEIDER / SQUARE D CAT 00992 UL VIGIREX GFR & SENSOR LIST 54 SCHNEIDER / SQUARE D CAT 01000 FA 240V BRKR/SW LIST 54 SCHNEIDER / SQUARE D CAT 01005 FA 480V BRKR/SW LIST 54 SCHNEIDER / SQUARE D CAT 01007 FY CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 01010 FA/FH 600V LIST 54 SCHNEIDER / SQUARE D CAT 01020 FI CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 01023 Q2 BREAKER & SWITCH LIST 54 SCHNEIDER / SQUARE D CAT 01035 KI CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 01038 Q4 BREAKER & SW LIST 54 SCHNEIDER / SQUARE D CAT 01040 LA/LH BRK,SW,MAG-GARD LIST 54 SCHNEIDER / SQUARE D CAT 01041 LA/LAL OEM BREAKER LIST 54 SCHNEIDER / SQUARE D CAT 01042 LIST 54 SCHNEIDER / SQUARE D CAT 01043 LXI 250, 400, 600 A. FRAME LIST 54 SCHNEIDER / SQUARE D CAT 01044 LC 600V CIR BRK LIST 54 SCHNEIDER / SQUARE D CAT 01045 LIST 54 SCHNEIDER / SQUARE D CAT 01046 LI CIRCUIT BRKR LIST 54 SCHNEIDER / SQUARE D CAT 01047 LX250,400,600A FRAME LIST 54 SCHNEIDER / SQUARE D CAT 01048 LE 250, 400_FRAME LIST 54 SCHNEIDER / SQUARE D CAT 01049 LE 600 AMP FRAME LIST 54 SCHNEIDER / SQUARE D CAT 01078 DE2 MISC LIST 54 SCHNEIDER / SQUARE D CAT 01080 LIST 57 SCHNEIDER / SQUARE D CAT 01084 C4/C5 COMPONENT PARTS LIST 54 SCHNEIDER / SQUARE D CAT 01090 CE,CF&CJ COMPACT C UL BRKR/SW LIST 54 SCHNEIDER / SQUARE D CAT 01091 MOLDED CASE C B LIST 54 SCHNEIDER / SQUARE D CAT 01092 CM COMPACT C UL BRKR/SW LIST 54 SCHNEIDER / SQUARE D CAT 01093 C101-630 COMPACT Cl EC BRKR/SW LIST 54 SCHNEIDER / SQUARE D CAT 01094 C801-1251 COMPACT IEC BRKR/SW LIST 54 SCHNEIDER / SQUARE D CAT 01095 LIST 54 SCHNEIDER / SQUARE D CAT 01096 COMPACT C UL/IEC CB ACCESSORIES LIST 54 SCHNEIDER / SQUARE D CAT 01098 NF COMPACT NS LIST 54 SCHNEIDER / SQUARE D CAT 01099 NJ COMPACT NS UL BRKR/SW/MCP LIST 54 SCHNEIDER / SQUARE D CAT 01100 LIST 54 SCHNEIDER / SQUARE D CAT 01101 NF E COMPACT NS IEC BRKR/SW/MCP LIST 54 SCHNEIDER / SQUARE D CAT 01102 NJ E COMPACT LIST 54 SCHNEIDER / SQUARE D CAT 01103 H,J,COMPACT NS UL/IEC CB ACCESS LIST 54 SCHNEIDER / SQUARE D CAT 01110 HD,JD UNIT MT BREAKER/SWITCH LIST 69 SCHNEIDER / SQUARE D CAT 01112 HD,JD I -LINE BRKR/SWITCH LIST 54 SCHNEIDER / SQUARE D CAT 01115 HG,HJ,JG,JJ UNIT MT BREAKER/SWT LIST 66 SCHNEIDER / SQUARE D CAT 01117 HG,HJ,JG,JJ I -LINE BRKR/SW LIST 54 SCHNEIDER / SQUARE D CAT 01120 HL,JL UNIT MT BRKR/SWITCH LIST 54 223 SCHNEIDER/ SQUARE D CAT 01122 HL,JL I-LINE BRKR/SWITCH LIST 54 SCHNEIDER/ SQUARE D CAT 01125 HJ,JJ UNT MNT MTR CIR PROTECTR LIST 60 SCHNEIDER/ SQUARE D CAT 01126 H&J MCP I-LINE LIST 54 SCHNEIDER/ SQUARE D CAT 01127 HL,JL UNT MNT MTR CIR PROTECTOR LIST 54 SCHNEIDER/ SQUARE D CAT 01200 MG,MJ I-LINE BREAKER LIST 54 SCHNEIDER/ SQUARE D CAT 01205 MG, MJ UNIT MOUNT BREAKER LIST 54 SCHNEIDER/ SQUARE D CAT 01210 PG,H,J,K,L,N I-LINE BREAKERS LIST 54 SCHNEIDER/ SQUARE D CAT 01215 PG,H,J,K,L,N UNIT MT BRKRS LIST 54 SCHNEIDER/ SQUARE D CAT 01220 PG,H,J,K,L,N DRAW OUT BREAKERS LIST 54 SCHNEIDER/ SQUARE D CAT 01225 LIST 54 SCHNEIDER/ SQUARE D CAT 01240 RG,H,J,K,L,N I-LINE BREAKERS LIST 54 SCHNEIDER/ SQUARE D CAT 01245 RG, H,1, L, N UNIT MT BRKRS LIST 54 SCHNEIDER/ SQUARE D CAT 01250 M, P, R FRAME ACCESSORIES ONLY LIST 54 SCHNEIDER/ SQUARE D CAT 06277 LIST 57 SCHNEIDER/ SQUARE D CAT 06278 LIST 57 SCHNEIDER/ SQUARE D CAT 06282 LIST 57 SCHNEIDER/ SQUARE D CAT 06303 QO ARC FAULT CB LIST 66 SCHNEIDER/ SQUARE D CAT 07939 LIST 39 SCHNEIDER/ SQUARE D CAT 07941 LIST 39 SCHNEIDER/ SQUARE D CAT 07946 LIST 39 SCHNEIDER/ SQUARE D CAT 07947 MISCELLANEOUS PARTS LIST 35 SCHNEIDER/ SQUARE D CAT 07969 RTA N1 PB BOX - STD LIST 60 SCHNEIDER/ SQUARE D CAT 07970 LIST 66 SCHNEIDER/ SQUARE D CAT 08056 LIST 57 SCHNEIDER/ SQUARE D CAT 08058 LIST 57 SCHNEIDER/ SQUARE D CAT 08059 LIST 57 SCHNEIDER/ SQUARE D CAT 08060 LIST 57 SCHNEIDER/ SQUARE D CAT 08061 LIST 57 SCHNEIDER/ SQUARE D CAT 08062 LIST 57 SCHNEIDER/ SQUARE D CAT 08064 LIST 57 SCHNEIDER/ SQUARE D CAT 08066 LIST 57 SCHNEIDER/ SQUARE D CAT 08067 LIST 57 SCHNEIDER/ SQUARE D CAT 08068 LIST 57 SCHNEIDER/ SQUARE D CAT 08069 LIST 57 SCHNEIDER/ SQUARE D CAT 08070 LIST 57 SCHNEIDER/ SQUARE D CAT 08071 LIST 57 SCHNEIDER/ SQUARE D CAT 08072 LIST 57 SCHNEIDER/ SQUARE D CAT 08077 LIST 57 SCHNEIDER/ SQUARE D CAT 08078 LIST 57 SCHNEIDER/ SQUARE D CAT 080791PC2 W/XFMRS LIST 57 SCHNEIDER/ SQUARE D CAT 08080 LIST 57 SCHNEIDER/ SQUARE D CAT 08081 LIST 57 SCHNEIDER/ SQUARE D CAT 08082 LIST 57 SCHNEIDER/ SQUARE D CAT 08083 LIST 57 SCHNEIDER/ SQUARE D CAT 08211 LIST 60 SCHNEIDER/ SQUARE D CAT 08212 LIST 60 SCHNEIDER/ SQUARE D CAT 08213 LIST 60 SCHNEIDER/ SQUARE D CAT 08214 LIST 60 SCHNEIDER/ SQUARE D CAT 08216 LIST 60 SCHNEIDER/ SQUARE D CAT 08217 LIST 60 SCHNEIDER/ SQUARE D CAT 08218 LIST 60 SCHNEIDER/ SQUARE D CAT 08219 LIST 60 SCHNEIDER/ SQUARE D CAT 08220 LIST 60 SCHNEIDER/ SQUARE D CAT 08222 LIST 60 SCHNEIDER/ SQUARE D CAT 08229 LIST 60 SCHNEIDER/ SQUARE D CAT 08230 LIST 60 SCHNEIDER/ SQUARE D CAT 08231 LIST 60 SCHNEIDER/ SQUARE D CAT 08232 I-LINE MB PNL F/A LIST 60 224 SCHNEIDER / SQUARE D CAT 08233 LIST 60 SCHNEIDER / SQUARE D CAT 08234 LIST 60 SCHNEIDER / SQUARE D CAT 08235 LIST 60 SCHNEIDER / SQUARE D CAT 08236 LIST 60 SCHNEIDER / SQUARE D CAT 08237 LIST 60 SCHNEIDER / SQUARE D CAT 08238 LIST 60 SCHNEIDER / SQUARE D CAT 08239 LIST 60 SCHNEIDER / SQUARE D CAT 08243 LIST 60 SCHNEIDER / SQUARE D CAT 08244 LIST 60 SCHNEIDER / SQUARE D CAT 08245 NF RTA COLUMN WIDTH LIST 60 SCHNEIDER / SQUARE D CAT 08246 LIST 60 SCHNEIDER / SQUARE D CAT 08247 LIST 60 SCHNEIDER / SQUARE D CAT 08249 LIST 60 SCHNEIDER / SQUARE D CAT 08250 TVSS UNIT LIST 57 SCHNEIDER / SQUARE D CAT 08251 TVSS UNIT LIST 57 SCHNEIDER / SQUARE D CAT 08253 LIST 57 SCHNEIDER / SQUARE D CAT 08254 LIST 57 SCHNEIDER / SQUARE D CAT 08257 LIST 60 SCHNEIDER / SQUARE D CAT 08258 LIST 60 SCHNEIDER / SQUARE D CAT 08259 LIST 60 SCHNEIDER / SQUARE D CAT 08260 LIST 60 SCHNEIDER / SQUARE D CAT 08261 LIST 60 SCHNEIDER / SQUARE D CAT 08262 LIST 60 SCHNEIDER / SQUARE D CAT 08263 LIST 60 SCHNEIDER / SQUARE D CAT 08264 LIST 66 SCHNEIDER / SQUARE D CAT 08265 LIST 60 SCHNEIDER / SQUARE D CAT 08266 LIST 60 SCHNEIDER / SQUARE D CAT 08267 LIST 66 SCHNEIDER / SQUARE D CAT 08268 LIST 60 SCHNEIDER / SQUARE D CAT 08269 LIST 60 SCHNEIDER / SQUARE D CAT 08270 LIST 66 SCHNEIDER / SQUARE D CAT 08271 LIST 60 SCHNEIDER / SQUARE D CAT 08272 LIST 60 SCHNEIDER / SQUARE D CAT 08273 LIST 60 SCHNEIDER / SQUARE D CAT 08274 LIST 60 SCHNEIDER / SQUARE D CAT 08275 LIST 60 SCHNEIDER / SQUARE D CAT 08276 LIST 60 SCHNEIDER / SQUARE D CAT 08277 LIST 60 SCHNEIDER / SQUARE D CAT 08279 LIST 66 SCHNEIDER / SQUARE D CAT 08283 LIST 60 SCHNEIDER / SQUARE D CAT 08297 LIST 60 SCHNEIDER / SQUARE D CAT 08298 LIST 60 SCHNEIDER / SQUARE D CAT 08299 LIST 60 SCHNEIDER / SQUARE D CAT 08300 LIST 69 SCHNEIDER / SQUARE D CAT 08301 LIST 60 SCHNEIDER / SQUARE D CAT 08302 LIST 60 SCHNEIDER / SQUARE D CAT 08313 LIST 60 SCHNEIDER / SQUARE D CAT 08314 LIST 60 SCHNEIDER / SQUARE D CAT 08315 LIST 60 SCHNEIDER / SQUARE D CAT 08316 LIST 60 SCHNEIDER / SQUARE D CAT 08317 LIST 60 SCHNEIDER / SQUARE D CAT 08318 LIST 60 SCHNEIDER / SQUARE D CAT 08319 LIST 60 SCHNEIDER / SQUARE D CAT 08320 LIST 60 SCHNEIDER / SQUARE D CAT 08321 PE1A NQOD NL ML LIST 60 SCHNEIDER / SQUARED CAT 08322 NQOD NL MB RTA LIST 60 SCHNEIDER / SQUARE D CAT 08323 LIST 60 SCHNEIDER / SQUARE D CAT 08324 LIST 60 225 SCHNEIDER / SQUARE D CAT 08325 LIST 60 SCHNEIDER / SQUARE D CAT 08326 LIST 60 SCHNEIDER / SQUARE D CAT 08327 LIST 60 SCHNEIDER / SQUARE D CAT 08328 LIST 60 SCHNEIDER / SQUARE D CAT 08329 LIST 60 SCHNEIDER / SQUARE D CAT 08330 LIST 60 SCHNEIDER / SQUARE D CAT 08331 LIST 60 SCHNEIDER / SQUARE D CAT 08339 LIST 60 SCHNEIDER / SQUARE D CAT 08340 LIST 60 SCHNEIDER / SQUARE D CAT 08341 LIST 60 SCHNEIDER / SQUARE D CAT 08342 LIST 60 SCHNEIDER / SQUARE D CAT 08343 LIST 60 SCHNEIDER / SQUARE D CAT 08344 LIST 60 SCHNEIDER / SQUARE D CAT 08345 LIST 60 SCHNEIDER / SQUARE D CAT 08346 LIST 60 SCHNEIDER / SQUARE D CAT 08347 LIST 60 SCHNEIDER / SQUARE D CAT 08348 LIST 60 SCHNEIDER / SQUARE D CAT 08349 LIST 60 SCHNEIDER / SQUARE D CAT 08350 NF MLO INTERIOR RTA LIST 60 SCHNEIDER/ SQUARE D CAT 08351 NF MB INTERIOR RTA LIST 60 SCHNEIDER/SQUARE D CAT 08352 NF/NQ TRIMS RTA LIST 60 SCHNEIDER / SQUARE D CAT 08353 NF NL MLO INTERIOR RTA LIST 60 SCHNEIDER / SQUARE D CAT 08354 NF NL MB INT RTA LIST 60 SCHNEIDER / SQUARE D CAT 08355 LIST 60 SCHNEIDER / SQUARE D CAT 08356 LIST 60 SCHNEIDER / SQUARE D CAT 08357 LIST 60 SCHNEIDER / SQUARE D CAT 08358 LIST 60 SCHNEIDER / SQUARE D CAT 08360 LIST 60 SCHNEIDER / SQUARE D CAT 08361 LIST 60 SCHNEIDER / SQUARE D CAT 08362 LIST 60 SCHNEIDER / SQUARE D CAT 08363 LIST 60 SCHNEIDER / SQUARE D CAT 08364 LIST 60 SCHNEIDER / SQUARE D CAT 08365 LIST 60 SCHNEIDER / SQUARE D CAT 08366 LIST 60 SCHNEIDER / SQUARE D CAT 08367 LIST 60 SCHNEIDER / SQUARE D CAT 08368 LIST 60 SCHNEIDER / SQUARE D CAT 08369 LIST 60 SCHNEIDER / SQUARE D CAT 08370 LIST 60 SCHNEIDER / SQUARE D CAT 08371 LIST 60 SCHNEIDER / SQUARE D CAT 08372 LIST 60 SCHNEIDER / SQUARE D CAT 08373 LIST 60 SCHNEIDER / SQUARE D CAT 08374 LIST 60 SCHNEIDER / SQUARE D CAT 08375 LIST 60 SCHNEIDER / SQUARE D CAT 08376 LIST 60 SCHNEIDER / SQUARE D CAT 08377 LIST 60 SCHNEIDER / SQUARE D CAT 08378 LIST 60 SCHNEIDER / SQUARE D CAT 08379 LIST 60 SCHNEIDER / SQUARE D CAT 08380 LIST 60 SCHNEIDER / SQUARE D CAT 08381 LIST 60 SCHNEIDER / SQUARE D CAT 08382 LIST 60 SCHNEIDER / SQUARE D CAT 08383 LIST 60 SCHNEIDER / SQUARE D CAT 08384 LIST 39 SCHNEIDER / SQUARE D CAT 08385 LIST 39 SCHNEIDER / SQUARE D CAT 08386 LIST 39 SCHNEIDER / SQUARE D CAT 08387 LIST 39 SCHNEIDER / SQUARE D CAT 08388 LIST 39 SCHNEIDER / SQUARE D CAT 08389 LIST 39 SCHNEIDER / SQUARE D CAT 08390 LIST 39 226 SCHNEIDER / SQUARE D CAT 08391 LIST 39 SCHNEIDER / SQUARE D CAT 08392 LIST 39 SCHNEIDER / SQUARE D CAT 08393 LIST 39 SCHNEIDER / SQUARE D CAT 08394 LIST 39 SCHNEIDER / SQUARE D CAT 08395 LIST 39 SCHNEIDER / SQUARE D CAT 08396 LIST 39 SCHNEIDER / SQUARE D CAT 08397 LIST 39 SCHNEIDER / SQUARE D CAT 08398 LIST 39 SCHNEIDER / SQUARE D CAT 08399 LIST 39 SCHNEIDER / SQUARE D CAT 08400 LIST 39 SCHNEIDER / SQUARE D CAT 08401 LIST 39 SCHNEIDER / SQUARE D CAT 08402 LIST 39 SCHNEIDER / SQUARE D CAT 08403 LIST 39 SCHNEIDER / SQUARE D CAT 08404 LIST 39 SCHNEIDER / SQUARE D CAT 08405 LIST 39 SCHNEIDER / SQUARE D CAT 08406 LIST 39 SCHNEIDER / SQUARE D CAT 08408 LIST 39 SCHNEIDER / SQUARE D CAT 08409 LIST 39 SCHNEIDER / SQUARE D CAT 08410 LIST 39 SCHNEIDER / SQUARE D CAT 08411 LIST 39 SCHNEIDER / SQUARE D CAT 08412 LIST 39 SCHNEIDER / SQUARE D CAT 08414 LIST 39 SCHNEIDER / SQUARE D CAT 08415 LIST 39 SCHNEIDER / SQUARE D CAT 08417 LIST 39 SCHNEIDER / SQUARE D CAT 08418 LIST 39 SCHNEIDER / SQUARE D CAT 08419 LIST 39 SCHNEIDER / SQUARE D CAT 08420 LIST 39 SCHNEIDER / SQUARE D CAT 08421 LIST 39 SCHNEIDER / SQUARE D CAT 08423 LIST 39 SCHNEIDER / SQUARE D CAT 08424 LIST 39 SCHNEIDER / SQUARE D CAT 08426 LIST 39 SCHNEIDER / SQUARE D CAT 08427 LIST 39 SCHNEIDER / SQUARE D CAT 08429 LIST 39 SCHNEIDER / SQUARE D CAT 08430 LIST 39 SCHNEIDER / SQUARE D CAT 08432 LIST 39 SCHNEIDER / SQUARE D CAT 08433 LIST 39 SCHNEIDER / SQUARE D CAT 08435 LIST 39 SCHNEIDER / SQUARE D CAT 08436 LIST 39 SCHNEIDER / SQUARE D CAT 08441 LIST 60 SCHNEIDER / SQUARE D CAT 08442 LIST 60 SCHNEIDER / SQUARE D CAT 08444 LIST 60 SCHNEIDER / SQUARE D CAT 08445 LIST 60 SCHNEIDER / SQUARE D CAT 08446 QM NOTEPAD ENTRY LIST 60 SCHNEIDER / SQUARE D CAT 08450 LIST 60 SCHNEIDER / SQUARE D CAT 08891 LIST 39 SCHNEIDER / SQUARE D CAT 08892 LIST 39 SCHNEIDER / SQUARE D CAT 08893 LIST 39 SCHNEIDER / SQUARE D CAT 08894 LIST 39 SCHNEIDER / SQUARE D CAT 08895 LIST 39 SCHNEIDER / SQUARE D CAT 08896 LIST 39 SCHNEIDER / SQUARE D CAT 08897 LIST 39 SCHNEIDER / SQUARE D CAT 08898 LIST 39 SCHNEIDER / SQUARE D CAT 08940 LIST 39 SCHNEIDER / SQUARE D CAT 08941 LIST 39 SCHNEIDER / SQUARE D CAT 08942 LIST 39 SCHNEIDER / SQUARE D CAT 08943 LIST 39 SCHNEIDER / SQUARE D CAT 08944 LIST 39 SCHNEIDER / SQUARE D CAT 08945 LIST 39 227 SCHNEIDER / SQUARE D CAT 08946 LIST 39 SCHNEIDER / SQUARE D CAT 08947 LIST 39 SCHNEIDER / SQUARE D CAT 08948 LIST 39 SCHNEIDER / SQUARE D CAT 08949 LIST 39 SCHNEIDER / SQUARE D CAT 08950 LIST 39 SCHNEIDER / SQUARE D CAT 08951 LIST 39 SCHNEIDER / SQUARE D CAT 08952 LIST 39 SCHNEIDER / SQUARE D CAT 08953 LIST 39 SCHNEIDER / SQUARE D CAT 08954 LIST 39 SCHNEIDER / SQUARE D CAT 08955 LIST 39 SCHNEIDER / SQUARE D CAT 08956 LIST 39 SCHNEIDER / SQUARE D CAT 08957 LIST 39 SCHNEIDER / SQUARE D CAT 08958 LIST 39 SCHNEIDER / SQUARE D CAT 08959 LIST 39 SCHNEIDER / SQUARE D CAT 08960 LIST 39 SCHNEIDER / SQUARE D CAT 08961 LIST 39 SCHNEIDER / SQUARE D CAT 08962 LIST 39 SCHNEIDER / SQUARE D CAT 08963 LIST 39 SCHNEIDER / SQUARE D CAT 08964 LIST 39 SCHNEIDER / SQUARE D CAT 08965 LIST 39 SCHNEIDER / SQUARE D CAT 08966 LIST 39 SCHNEIDER / SQUARE D CAT 08967 LIST 39 SCHNEIDER / SQUARE D CAT 08968 LIST 39 SCHNEIDER / SQUARE D CAT 08969 LIST 39 SCHNEIDER / SQUARE D CAT 08970 LIST 39 SCHNEIDER / SQUARE D CAT 08971 LIST 39 SCHNEIDER / SQUARE D CAT 08972 LIST 39 SCHNEIDER / SQUARE D CAT 08973 LIST 39 SCHNEIDER / SQUARE D CAT 08974 LIST 39 SCHNEIDER / SQUARE D CAT 08975 LIST 39 SCHNEIDER / SQUARE D CAT 08976 LIST 39 SCHNEIDER / SQUARE D CAT 08977 LIST 39 SCHNEIDER / SQUARE D CAT 08978 LIST 39 SCHNEIDER / SQUARE D CAT 08979 LIST 39 SCHNEIDER / SQUARE D CAT 08983 LIST 39 SCHNEIDER / SQUARE D CAT 08984 LIST 39 SCHNEIDER / SQUARE D CAT 08985 LIST 39 SCHNEIDER / SQUARE D CAT 08986 LIST 39 SCHNEIDER / SQUARE D CAT 08987 LIST 39 SCHNEIDER / SQUARE D CAT 08988 LIST 39 SCHNEIDER / SQUARE D CAT 08989 LIST 39 SCHNEIDER / SQUARE D CAT 08990 LIST 39 SCHNEIDER / SQUARE D CAT 09132 LIST 60 SCHNEIDER / SQUARE D CAT 09133 LIST 60 SCHNEIDER / SQUARE D CAT 09134 LIST 60 SCHNEIDER / SQUARE D CAT 09135 LIST 60 SCHNEIDER / SQUARE D CAT 09136 LIST 60 SCHNEIDER / SQUARE D CAT 09137 LIST 60 SCHNEIDER / SQUARE D CAT 09138 LIST 60 SCHNEIDER / SQUARE D CAT 09139 LIST 60 SCHNEIDER / SQUARE D CAT 09140 LIST 60 SCHNEIDER / SQUARE D CAT 09141 NQ N EMA TYPE 4/4X/12 LIST 60 SCHNEIDER / SQUARE D CAT 09142 LIST 60 SCHNEIDER / SQUARE D CAT 09143 LIST 60 SCHNEIDER / SQUARE D CAT 09144 LIST 60 SCHNEIDER / SQUARE D CAT 09145 LIST 60 SCHNEIDER / SQUARE D CAT 09146 LIST 60 SCHNEIDER / SQUARE D CAT 09147 LIST 60 228 SCHNEIDER / SQUARE D CAT 09148 LIST 60 SCHNEIDER / SQUARE D CAT 09149 LIST 60 SCHNEIDER / SQUARE D CAT 09151 NQ RTA PANELBOARDS LIST 60 SCHNEIDER / SQUARE D CAT 09301 DIN RAIL SURGE SUPRESSOR - EFI LIST 54 SCHNEIDER / SQUARE D CAT 09302 SERIES SURGE SUPPRESSOR - EFI LIST 60 SCHNEIDER / SQUARE D CAT 09303 NON-MOD BRICK SURGE SUP-EFI LIST 60 SCHNEIDER / SQUARE D CAT 09304 HARDWIRED TVSS - EFI LIST 60 SCHNEIDER / SQUARE D CAT 09400 LIST 66 SCHNEIDER / SQUARE D CAT 09410 LIST 66 SCHNEIDER / SQUARE D CAT 09411 LIST 66 SCHNEIDER / SQUARE D CAT 09412 LIST 66 SCHNEIDER / SQUARE D CAT 09413 LIST 66 SCHNEIDER / SQUARE D CAT 09414 LIST 66 SCHNEIDER / SQUARE D CAT 09415 LIST 66 SCHNEIDER / SQUARE D CAT 09416 LIST 66 SCHNEIDER / SQUARE D CAT 09417 LIST 66 SCHNEIDER / SQUARE D CAT 09418 LIST 66 SCHNEIDER / SQUARE D CAT 09419 LIST 66 SCHNEIDER / SQUARE D CAT 09421 LIST 66 SCHNEIDER / SQUARE D CAT 09422 LIST 66 SCHNEIDER/ SQUARE D CAT 09423 QED-2 MLO I-LINE BRANCH LIST 66 SCHNEIDER / SQUARE D CAT 09424 LIST 66 SCHNEIDER / SQUARE D CAT 09425 LIST 66 SCHNEIDER / SQUARE D CAT 09426 LIST 66 SCHNEIDER / SQUARE D CAT 09427 LIST 66 SCHNEIDER / SQUARE D CAT 09428 LIST 66 SCHNEIDER / SQUARE D CAT 09429 LIST 66 SCHNEIDER / SQUARE D CAT 09431 LIST 66 SCHNEIDER / SQUARE D CAT 09432 LIST 66 SCHNEIDER / SQUARE D CAT 09433 LIST 66 SCHNEIDER / SQUARE D CAT 09439 LIST 66 SCHNEIDER / SQUARE D CAT 09441 SPEED-D SB LIST 60 SCHNEIDER / SQUARE D CAT 09442 LIST 60 SCHNEIDER / SQUARE D CAT 09443 SPEED-D CTC LIST 60 SCHNEIDER / SQUARE D CAT 09444 LIST 60 SCHNEIDER / SQUARE D CAT 09445 LIST 60 SCHNEIDER / SQUARE D CAT 09446 ***ENG TO STOCK SWITCHBOARD*** LIST 60 SCHNEIDER / SQUARE D CAT 09447 LIST 60 SCHNEIDER / SQUARE D CAT 09448 SPEED-D AUX, MLO KIT, SIDEPL LIST 60 SCHNEIDER / SQUARE D CAT 09450 LIST 66 SCHNEIDER / SQUARE D CAT 09451 LIST 66 SCHNEIDER / SQUARE D CAT 09452 LIST 66 SCHNEIDER / SQUARE D CAT 09453 LIST 66 SCHNEIDER / SQUARE D CAT 09454 LIST 66 SCHNEIDER / SQUARE D CAT 09455 CMM C/B EUSERC CUSTOM NEMA 311 LIST 66 SCHNEIDER / SQUARE D CAT 09456 LIST 66 SCHNEIDER / SQUARE D CAT 09457 LIST 66 SCHNEIDER / SQUARE D CAT 09458 LIST 66 SCHNEIDER / SQUARE D CAT 09459 LIST 66 SCHNEIDER / SQUARE D CAT 09460 LIST 66 SCHNEIDER / SQUARE D CAT 09461 LIST 66 SCHNEIDER / SQUARE D CAT 09462 LIST 66 SCHNEIDER / SQUARE D CAT 09463 LIST 66 SCHNEIDER / SQUARE D CAT 09464 LIST 66 SCHNEIDER / SQUARE D CAT 09465 LIST 66 SCHNEIDER / SQUARE D CAT 09466 LIST 66 SCHNEIDER / SQUARE D CAT 09467 LIST 66 SCHNEIDER / SQUARE D CAT 09468 LIST 66 229 SCHNEIDER / SQUARE D CAT 09469 LIST 66 SCHNEIDER / SQUARE D CAT 09470 LIST 66 SCHNEIDER / SQUARE D CAT 09471 LIST 66 SCHNEIDER / SQUARE D CAT 09472 LIST 66 SCHNEIDER / SQUARE D CAT 09473 LIST 66 SCHNEIDER / SQUARE D CAT 09474 LIST 66 SCHNEIDER / SQUARE D CAT 09475 LIST 66 SCHNEIDER / SQUARE D CAT 09476 LIST 66 SCHNEIDER / SQUARE D CAT 09477 LIST 66 SCHNEIDER / SQUARE D CAT 09478 LIST 66 SCHNEIDER / SQUARE D CAT 09479 LIST 66 SCHNEIDER / SQUARE D CAT 09491 LIST 66 SCHNEIDER / SQUARE D CAT 09492 LIST 66 SCHNEIDER / SQUARE D CAT 09493 LIST 66 SCHNEIDER / SQUARE D CAT 09494 LIST 66 SCHNEIDER / SQUARE D CAT 09497 LIST 66 SCHNEIDER / SQUARE D CAT 09500 LIST 66 SCHNEIDER / SQUARE D CAT 09509 KRP-C FUSES LIST 66 SCHNEIDER / SQUARE D CAT 09510 LV FUSES LIST 66 SCHNEIDER / SQUARE D CAT 09511 LIST 66 SCHNEIDER / SQUARE D CAT 09512 LIST 66 SCHNEIDER / SQUARE D CAT 09513 LIST 66 SCHNEIDER / SQUARE D CAT 09514 LIST 66 SCHNEIDER / SQUARE D CAT 09515 LIST 66 SCHNEIDER / SQUARE D CAT 09516 LIST 66 SCHNEIDER / SQUARE D CAT 09517 LIST 66 SCHNEIDER / SQUARE D CAT 09518 LIST 66 SCHNEIDER / SQUARE D CAT 09519 LIST 66 SCHNEIDER / SQUARE D CAT 09521 LIST 66 SCHNEIDER / SQUARE D CAT 09522 LIST 66 SCHNEIDER / SQUARE D CAT 09523 LIST 66 SCHNEIDER / SQUARE D CAT 09524 LIST 66 SCHNEIDER / SQUARE D CAT 09525 LIST 66 SCHNEIDER / SQUARE D CAT 09526 LIST 66 SCHNEIDER / SQUARE D CAT 09527 LIST 66 SCHNEIDER / SQUARE D CAT 09528 LIST 66 SCHNEIDER / SQUARE D CAT 09529 LIST 66 SCHNEIDER / SQUARE D CAT 09531 LIST 66 SCHNEIDER / SQUARE D CAT 09532 LIST 66 SCHNEIDER / SQUARE D CAT 09533 LIST 66 SCHNEIDER / SQUARE D CAT 09534 LIST 66 SCHNEIDER / SQUARE D CAT 09535 LIST 66 SCHNEIDER / SQUARE D CAT 09536 LIST 66 SCHNEIDER / SQUARE D CAT 09537 LIST 66 SCHNEIDER / SQUARE D CAT 09538 LIST 66 SCHNEIDER / SQUARE D CAT 09539 LIST 66 SCHNEIDER / SQUARE D CAT 09543 LIST 57 SCHNEIDER / SQUARE D CAT 09544 RTA QMJ SWITCHES LIST 57 SCHNEIDER / SQUARE D CAT 09551 CMM FUSIBLE EUSERC STANDAT N1 LIST 66 SCHNEIDER / SQUARE D CAT 09552 LIST 66 SCHNEIDER / SQUARE D CAT 09553 CMM REPL MTRS PULLOUT EUS LIST 60 SCHNEIDER / SQUARE D CAT 09554 CMM REPL MTRS P-OUT LVR BYPASS LIST 60 SCHNEIDER / SQUARE D CAT 09555 LIST 66 SCHNEIDER / SQUARE D CAT 09556 LIST 66 SCHNEIDER / SQUARE D CAT 09557 LIST 66 SCHNEIDER / SQUARE D CAT 09606 LIST 60 SCHNEIDER / SQUARE D CAT 09609 LIST 39 SCHNEIDER / SQUARE D CAT 09610 LIST 39 230 SCHNEIDER/ SQUARE D CAT 09612 LIST 60 SCHNEIDER/ SQUARE D CAT 09617 TSW, TSG, TSO AND N08 TO N40 LIST 60 SCHNEIDER/ SQUARE D CAT 09640 LIST 39 SCHNEIDER/ SQUARE D CAT 09641 LIST 39 SCHNEIDER/ SQUARE D CAT 09642 LIST 39 SCHNEIDER/ SQUARE D CAT 09644 LIST 39 SCHNEIDER/ SQUARE D CAT 09645 LIST 39 SCHNEIDER/ SQUARE D CAT 09646 LIST 39 SCHNEIDER/ SQUARE D CAT 09647 LIST 39 SCHNEIDER/ SQUARE D CAT 09648 LIST 39 SCHNEIDER/ SQUARE D CAT 09650 POWERLINK QO(B) PL BREAKERS LIST 44 SCHNEIDER/ SQUARE D CAT 09651 POWERLINK POWER SUPPLIES LIST 44 SCHNEIDER/ SQUARE D CAT 09652 POWERLINK EHBPL BREAKERS LIST 44 SCHNEIDER/ SQUARE D CAT 09654 CIO B AS BRK PL1 LIST 44 SCHNEIDER/ SQUARE D CAT 09655 POWERLINK EHBAS BREAKERS LIST 44 SCHNEIDER/ SQUARE D CAT 09656 POWERLINK PL SYST COMPNTS LIST 44 SCHNEIDER/ SQUARE D CAT 09658 LIST 44 SCHNEIDER/ SQUARE D CAT 09659 POWERLINK AS ACCESSORIES LIST 44 SCHNEIDER/ SQUARE D CAT 09660 POWERLINK GEN -3 ELECTRONICS LIST 44 SCHNEIDER/ SQUARE D CAT 09662 POWERLINK GEN -3 ACCESSORIES LIST 44 SCHNEIDER/ SQUARE D CAT 09663 POWERLINK GEN -3 ECB BRKRS LIST 44 SCHNEIDER/ SQUARE D CAT 09664 LIST 57 SCHNEIDER/ SQUARE D CAT 09665 LIST 57 SCHNEIDER/ SQUARE D CAT 09666 LIST 57 SCHNEIDER/ SQUARE D CAT 09667 LIST 57 SCHNEIDER/ SQUARE D CAT 09668 LIST 57 SCHNEIDER/ SQUARE D CAT 09688 MISC SWBD & PANEL PARTS-PE1 LIST 66 SCHNEIDER/ SQUARE D CAT 09689 MISC SWBD PARTS & ASSEMBLIES LIST 57 SCHNEIDER/ SQUARE D CAT 09696 OCCUPANCY SENSORS LIST 44 SCHNEIDER/ SQUARE D CAT 09700 LIST 39 SCHNEIDER/ SQUARE D CAT 09701 LIST 69 SCHNEIDER/ SQUARE D CAT 09703 LIST 60 SCHNEIDER/ SQUARE D CAT 09780 POWERLOGIC HARDWARE LIST 8 SCHNEIDER / SQUARE D CAT 09781 POWERLOGIC SOFTWARE LIST 8 SCHNEIDER / SQUARE D CAT 09782 POWERLOGIC ACCESSORIES LIST 8 SCHNEIDER/ SQUARE D CAT 09783 POWERLOGIC PKG. SYSTEMS LIST 8 SCHNEIDER/ SQUARE D CAT 09785 POWERLOGIC SYSTEM CMPNTS LIST 8 SCHNEIDER/ SQUARE D CAT 09786 POWERLOGIC POWER METER LIST 8 SCHNEIDER/ SQUARE D CAT 09787 POWERLOGIC DIGITAL RELAY LIST 13 SCHNEIDER/SQUARED CAT 09792P/LOGIC TRAINING/ENG COMPONENT LIST 8 SCHNEIDER/ SQUARE D CAT 09794 LIST 8 SCHNEIDER/ SQUARE D CAT 09795 POWERLOGIC SCCT & LVCT LIST 8 SCHNEIDER/ SQUARE D CAT 09796 LIST 8 SCHNEIDER/ SQUARE D CAT 09800 LIST 39 SCHNEIDER/ SQUARE D CAT 09801 LIST 39 SCHNEIDER/ SQUARE D CAT 09802 LIST 39 SCHNEIDER/ SQUARE D CAT 09803 LIST 39 SCHNEIDER/ SQUARE D CAT 09804 LIST 39 SCHNEIDER/ SQUARE D CAT 09805 LIST 39 SCHNEIDER/ SQUARE D CAT 09806 LIST 39 SCHNEIDER/ SQUARE D CAT 09807 LIST 39 SCHNEIDER/ SQUARE D CAT 09808 LIST 39 SCHNEIDER/ SQUARE D CAT 09809 LIST 39 SCHNEIDER/ SQUARE D CAT 09810 LIST 39 SCHNEIDER/ SQUARE D CAT 09811 LIST 39 SCHNEIDER/ SQUARE D CAT 09812 LIST 39 SCHNEIDER/ SQUARE D CAT 09813 LIST 39 SCHNEIDER/ SQUARE D CAT 09814 LIST 39 231 SCHNEIDER / SQUARE D CAT 09815 LIST 39 SCHNEIDER / SQUARE D CAT 09816 LIST 39 SCHNEIDER / SQUARE D CAT 09817 LIST 39 SCHNEIDER / SQUARE D CAT 09818 LIST 39 SCHNEIDER / SQUARE D CAT 09819 LIST 39 SCHNEIDER / SQUARE D CAT 09820 LIST 39 SCHNEIDER / SQUARE D CAT 09821 LIST 39 SCHNEIDER / SQUARE D CAT 09823 LIST 39 SCHNEIDER / SQUARE D CAT 09824 LIST 39 SCHNEIDER / SQUARE D CAT 09830 LIST 39 SCHNEIDER / SQUARE D CAT 09831 LIST 39 SCHNEIDER / SQUARE D CAT 09832 LIST 39 SCHNEIDER / SQUARE D CAT 09833 LIST 39 SCHNEIDER / SQUARE D CAT 09834 LIST 39 SCHNEIDER / SQUARE D CAT 09835 LIST 39 SCHNEIDER / SQUARE D CAT 09836 LIST 39 SCHNEIDER / SQUARE D CAT 09837 LIST 39 SCHNEIDER / SQUARE D CAT 09886 LIST 39 SCHNEIDER / SQUARE D CAT 09887 LIST 39 SCHNEIDER / SQUARE D CAT 09888 LIST 39 SCHNEIDER / SQUARE D CAT 09889 LIST 39 SCHNEIDER / SQUARE D CAT 09890 LIST 39 SCHNEIDER / SQUARE D CAT 09891 LIST 39 SCHNEIDER / SQUARE D CAT 09892 LIST 39 SCHNEIDER / SQUARE D CAT 09893 LIST 39 SCHNEIDER / SQUARE D CAT 09894 LIST 39 SCHNEIDER / SQUARE D CAT 09895 LIST 39 SCHNEIDER / SQUARE D CAT 09902 LIST 57 SCHNEIDER / SQUARE D CAT 09903 LIST 57 SCHNEIDER / SQUARE D CAT 09904 LIST 57 SCHNEIDER / SQUARE D CAT 09905 LIST 57 SCHNEIDER / SQUARE D CAT 09906 LIST 57 SCHNEIDER / SQUARE D CAT 09907 LIST 57 SCHNEIDER / SQUARE D CAT 09908 LIST 57 SCHNEIDER / SQUARE D CAT 09909 LIST 57 SCHNEIDER / SQUARE D CAT 09910 LIST 57 SCHNEIDER / SQUARE D CAT 09911 LIST 57 SCHNEIDER / SQUARE D CAT 09912 LIST 57 SCHNEIDER / SQUARE D CAT 09913 LIST 57 SCHNEIDER / SQUARE D CAT 09914 LIST 57 SCHNEIDER / SQUARE D CAT 09915 LIST 57 SCHNEIDER / SQUARE D CAT 09916 LIST 57 SCHNEIDER / SQUARE D CAT 09917 LIST 57 SCHNEIDER / SQUARE D CAT 09918 LIST 57 SCHNEIDER / SQUARE D CAT 09919 LIST 57 SCHNEIDER / SQUARE D CAT 09920 LIST 57 SCHNEIDER / SQUARE D CAT 10250 LIST 66 SCHNEIDER / SQUARE D CAT 18061 SPARE PARTS DISC CPI LIST 41 SCHNEIDER / SQUARE D CAT 18065 SPARE PARTS DISCT CP4C LIST 17 SCHNEIDER / SQUARE D CAT 18073 SPARE PARTS DISCOUNT I LIST 41 SCHNEIDER / SQUARE D CAT 18074 SPARE PARTS DISCOUNT 111 LIST 39 SCHNEIDER / SQUARE D CAT 18075 DISC T CONT KT LIST 41 SCHNEIDER / SQUARE D CAT 18076 SPARE PARTS DISCOUNT RS3 LIST 39 SCHNEIDER / SQUARE D CAT 18079 SPARE PARTS DISC CP10 LIST 21 SCHNEIDER / SQUARE D CAT 18082 SPARE PARTS DISCOUNT CPII LIST 39 SCHNEIDER / SQUARE D CAT 18085 DISC 112 LIST 31 SCHNEIDER / SQUARE D CAT 18405 WORLD SVC PARTS (PUSHBTNS) LIST 41 SCHNEIDER / SQUARE D CAT 18406 WORLD SVC PARTS (OTHER OP INT) LIST 39 232 SCHNEIDER / SQUARE D CAT 18415 LIST 17 SCHNEIDER / SQUARE D CAT 18450 LIST 17 SCHNEIDER / SQUARE D CAT 18455 LIST 17 SCHNEIDER / SQUARE D CAT 18506 LIST 41 SCHNEIDER / SQUARE D CAT 18940 LIST 39 SCHNEIDER / SQUARE D CAT 20501 LIST 39 SCHNEIDER / SQUARE D CAT 20502 LIST 39 SCHNEIDER / SQUARE D CAT 20509 LIST 39 SCHNEIDER / SQUARE D CAT 20510 LIST 39 SCHNEIDER / SQUARE D CAT 20512 LIST 39 SCHNEIDER / SQUARE D CAT 20513 LIST 39 SCHNEIDER / SQUARE D CAT 20514 LIST 39 SCHNEIDER / SQUARE D CAT 20517 LIST 39 SCHNEIDER / SQUARE D CAT 20518 LIST 39 SCHNEIDER / SQUARE D CAT 20519 LIST 39 SCHNEIDER / SQUARE D CAT 20520 LIST 39 SCHNEIDER / SQUARE D CAT 20521 LIST 39 SCHNEIDER / SQUARE D CAT 20522 LIST 39 SCHNEIDER / SQUARE D CAT 20523 LIST 39 SCHNEIDER / SQUARE D CAT 20524 LIST 39 SCHNEIDER / SQUARE D CAT 20525 LIST 39 SCHNEIDER / SQUARE D CAT 20527 LIST 39 SCHNEIDER / SQUARE D CAT 20530 LIST 39 SCHNEIDER / SQUARE D CAT 20533 LIST 39 SCHNEIDER / SQUARE D CAT 20539 LIST 39 SCHNEIDER / SQUARE D CAT 20540 LIST 39 SCHNEIDER / SQUARE D CAT 20541 LIST 39 SCHNEIDER / SQUARE D CAT 20543 LIST 39 SCHNEIDER / SQUARE D CAT 20545 LIST 39 SCHNEIDER / SQUARE D CAT 20546 LIST 39 SCHNEIDER / SQUARE D CAT 20548 LIST 39 SCHNEIDER / SQUARE D CAT 20556 LIST 39 SCHNEIDER / SQUARE D CAT 20557 LIST 39 SCHNEIDER / SQUARE D CAT 20558 LIST 39 SCHNEIDER / SQUARE D CAT 20559 LIST 39 SCHNEIDER / SQUARE D CAT 20560 LIST 39 SCHNEIDER / SQUARE D CAT 20574 LIST 39 SCHNEIDER / SQUARE D CAT 20575 LIST 39 SCHNEIDER / SQUARE D CAT 20576 LIST 39 SCHNEIDER / SQUARE D CAT 20577 LIST 39 SCHNEIDER / SQUARE D CAT 20579 LIST 39 SCHNEIDER / SQUARE D CAT 20598 LIST 35 SCHNEIDER / SQUARE D CAT 20599 LVDO SPARE PARTS LIST 35 SCHNEIDER / SQUARE D CAT 21090 MVMCC, FVNR, 400A LIST 35 SCHNEIDER / SQUARE D CAT 21101 2510,2511,2512 F LIST 41 SCHNEIDER / SQUARE D CAT 21102 2510,2511,2512 K LIST 41 SCHNEIDER / SQUARE D CAT 21103 2510,2511, 2512 M, T LIST 41 SCHNEIDER / SQUARE D CAT 21116 2601 LIST 41 SCHNEIDER / SQUARE D CAT 21122 8430M PD PH FL LIST 41 SCHNEIDER / SQUARE D CAT 21123 8430M PS PH FAL LIST 41 SCHNEIDER / SQUARE D CAT 21127 ZELIO ICE CUBE RELAYS LIST 39 SCHNEIDER / SQUARE D CAT 21128 ZELIO ICE CUBE RELAY ACCESSORIES LIST 39 SCHNEIDER / SQUARE D CAT 21156 8501 TO41 & 8501 to43 LIST 41 SCHNEIDER / SQUARE D CAT 21157 8501 XDO (DC) LIST 41 SCHNEIDER / SQUARE D CAT 21158 8501 XO (AC) LIST 44 SCHNEIDER / SQUARE D CAT 21159 8501 X ACCESSORIES LIST 44 SCHNEIDER / SQUARE D CAT 21191 8502, 36 SA, SB (NOT S*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21192 8502,36, SC,SD(NOTS*R,T,W) LIST 41 233 SCHNEIDER / SQUARE D CAT 21193 8502,36, SE,SF(NOTS*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21194 8502,36 SG(NOT S*R,S*T,S*W) LIST 41 SCHNEIDER / SQUARE D CAT 21195 8502,36 SH,SJ(NOT S*R,T*W) LIST 41 SCHNEIDER / SQUARE D CAT 21202 8502,36 S*R,S*T,S*W LIST 41 SCHNEIDER / SQUARE D CAT 21203 8502,36 W/STNL ENCL LIST 41 SCHNEIDER / SQUARE D CAT 21208 8502 W-NON REV VACUUM CTRS LIST 41 SCHNEIDER / SQUARE D CAT 21212 8538,39SB(NOTS*R,S*T,S*W) LIST 41 SCHNEIDER / SQUARE D CAT 21213 8538, 39 SC, SD(NOTS*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21214 8538,39, SE,SF9 (NOT S*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21215 8538SG, 8539SG (NOTS*R,S*T,S*W) LIST 41 SCHNEIDER / SQUARE D CAT 21216 LIST 41 SCHNEIDER / SQUARE D CAT 21217 8538,39 S*R,S*T,S*W LIST 41 SCHNEIDER / SQUARE D CAT 21218 8538, 39 W/STAINLESS ENCLOS LIST 41 SCHNEIDER / SQUARE D CAT 21220 LIST 41 SCHNEIDER / SQUARE D CAT 21221 LIST 41 SCHNEIDER / SQUARE D CAT 21231 8606 (NOT S*K) AT-RV STR LIST 41 SCHNEIDER / SQUARE D CAT 21233 8630 (NOT S*K) YD-RV STRS LIST 41 SCHNEIDER / SQUARE D CAT 21235 LIST 41 SCHNEIDER / SQUARE D CAT 21237 LIST 41 SCHNEIDER / SQUARE D CAT 21271 8702, 36 SA, SB (NOT S*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21272 8702,36, SC,SD (NOTS*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21273 8702,36, SE,SF (NOT S*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21274 8702SG, 8736SG (NOTS*R,S*T,S*W) LIST 41 SCHNEIDER / SQUARE D CAT 21275 8702,36 SH,SJ(NOT S*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21281 LIST 41 SCHNEIDER / SQUARE D CAT 21282 8702,36 W/STAINLESS ENCLOS LIST 41 SCHNEIDER / SQUARE D CAT 21288 8702 W REV VAC CTRS LIST 41 SCHNEIDER / SQUARE D CAT 21291 8738SB, 8739SB (NOTS*R,S*T,S*W) LIST 41 SCHNEIDER / SQUARE D CAT 21292 8738,39, SC,SD (NOT S*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21293 8738,39 SE,SF(NOT S*R,T,W) LIST 41 SCHNEIDER / SQUARE D CAT 21294 LIST 41 SCHNEIDER / SQUARE D CAT 21295 LIST 41 SCHNEIDER / SQUARE D CAT 21296 8738,39 S*R,S*T,S*W LIST 41 SCHNEIDER / SQUARE D CAT 21297 8738,39 W/STAINLESS ENSLOS LIST 41 SCHNEIDER / SQUARE D CAT 21301 8810,11,12 C,D,U LIST 41 SCHNEIDER / SQUARE D CAT 21302 8810,11,12 S LIST 41 SCHNEIDER / SQUARE D CAT 21321 8903 L (NOT LX) LIST 57 SCHNEIDER / SQUARE D CAT 21322 8903 LX (NOT L) LIST 54 SCHNEIDER / SQUARE D CAT 21323 8903 PB LIST 41 SCHNEIDER / SQUARE D CAT 21324 8903 S (NOT S*C) MECH LIST 49 SCHNEIDER / SQUARE D CAT 21325 8903 S (NOT S*C) ELECT. LIST 49 SCHNEIDER / SQUARE D CAT 21326 8903 S*C LIST 41 SCHNEIDER / SQUARE D CAT 21371 8910 SYD138 LIST 41 SCHNEIDER / SQUARE D CAT 21372 8910 SYD 230 LIST 41 SCHNEIDER / SQUARE D CAT 21373 8910 SYD LIST 41 SCHNEIDER / SQUARE D CAT 21381 8911 DP LIST 41 SCHNEIDER / SQUARE D CAT 21388 8940 NSC, NSD LIST 41 SCHNEIDER / SQUARE D CAT 21389 8940 NSE, NSF LIST 41 SCHNEIDER / SQUARE D CAT 21390 8940 NPD,E,F LIST 41 SCHNEIDER / SQUARE D CAT 21391 8940 NPG - NPJ LIST 41 SCHNEIDER / SQUARE D CAT 21392 8940 NSG, XS LIST 41 SCHNEIDER / SQUARE D CAT 21393 8940 WC, WD LIST 41 SCHNEIDER / SQUARE D CAT 21394 8940 M,P,R,V LIST 41 SCHNEIDER / SQUARE D CAT 21395 8940 XC, XD LIST 41 SCHNEIDER / SQUARE D CAT 21396 8940 XE, XF LIST 41 SCHNEIDER / SQUARE D CAT 21397 8940 WE, WF LIST 41 SCHNEIDER / SQUARE D CAT 21401 8941 DUPLEX MT CONTROLLERS LIST 41 SCHNEIDER / SQUARE D CAT 21403 8965 DPR1>DPR4-20A>40A REV HOIST LIST 41 234 SCHNEIDER / SQUARE D CAT 21404 8965 DPR5,DPR6 LIST 41 SCHNEIDER / SQUARE D CAT 21406 8965 R-REVERSING HOIST CONTACTORS LIST 41 SCHNEIDER / SQUARE D CAT 21409 8963 PARTS (DISCOUNT CP10) LIST 25 SCHNEIDER / SQUARE D CAT 21421 9001 B (NOT BW70-BW80) LIST 44 SCHNEIDER / SQUARE D CAT 21422 9001 BW70-BW80 LIST 44 SCHNEIDER / SQUARE D CAT 21423 D1-D4,D7 & ACCESSORIES LIST 41 SCHNEIDER / SQUARE D CAT 21424 D5,D6,D8,D9 & ACCESS LIST 41 SCHNEIDER / SQUARE D CAT 21425 9001 1,0 & ACCESSORIES LIST 41 SCHNEIDER / SQUARE D CAT 21426 9001 K (NOT KA,KM,KX) LIST 44 SCHNEIDER / SQUARE D CAT 21427 9001 KX LIST 44 SCHNEIDER / SQUARE D CAT 21428 9001 P PALM PB LIST 41 SCHNEIDER / SQUARE D CAT 21429 SK, SKY LIST 44 SCHNEIDER / SQUARE D CAT 21431 SKYP, SKRU (PENDANTS) LIST 41 SCHNEIDER / SQUARE D CAT 21432 9001 T & ACCESSORIES LIST 41 SCHNEIDER / SQUARE D CAT 21433 9001 ACCESS FOR K,KX,SK LIST 44 SCHNEIDER / SQUARE D CAT 21434 KA CONTACT BLOCKS LIST 44 SCHNEIDER / SQUARE D CAT 21435 KM LIGHT MODULES LIST 44 SCHNEIDER / SQUARE D CAT 21441 9002 AW FOOT SWITCHES LIST 41 SCHNEIDER / SQUARE D CAT 21446 9003 K CAM SWITCHES LIST 41 SCHNEIDER / SQUARE D CAT 21476 9007 SG SAFETY GATE LIST 44 SCHNEIDER / SQUARE D CAT 21491 9007A SNAP SWITCHES LIST 44 SCHNEIDER / SQUARE D CAT 21492 9007C SNAP SWITCHES LIST 44 SCHNEIDER / SQUARE D CAT 21493 9007 ARMS AW, C LIST 44 SCHNEIDER / SQUARE D CAT 21494 9007 ARMS FT, T LIST 44 SCHNEIDER / SQUARE D CAT 21495 9007 AO12-AO56 OPEN AW SWTCH LIST 44 SCHNEIDER / SQUARE D CAT 21496 9007AW PRECISION LIMIT SWITCHES LIST 44 SCHNEIDER / SQUARE D CAT 21497 9007 FT, T OILTIGHT & FOUNDRY LIST 44 SCHNEIDER / SQUARE D CAT 21499 9007C LIMIT SWITCHES LIST 44 SCHNEIDER / SQUARE D CAT 21501 9007XA LIMIT S LIST 44 SCHNEIDER / SQUARE D CAT 21519 9007 MISCELLANEOUS LIST 44 SCHNEIDER / SQUARE D CAT 21522 9012 G INDUSTRIAL PRESSURE SWITCH LIST 44 SCHNEIDER / SQUARE D CAT 21561 XMLK, XMLP PRESS TRANSMITTERS LIST 54 SCHNEIDER / SQUARE D CAT 21571 SENSORS, ELECTRONIC BASIC XU & XS LIST 54 SCHNEIDER / SQUARE D CAT 21581 ENCODERS, XCC LIST 44 SCHNEIDER / SQUARE D CAT 21612 CLASS 9039 X LIST 41 SCHNEIDER / SQUARE D CAT 21616 9049 ACCESSORIES (DISCOUNT CP1) LIST 44 SCHNEIDER/ SQUARE D CAT 216319050 A ONE MIN PNEUMATIC TIMER LIST 41 SCHNEIDER / SQUARE D CAT 21632 90506 TIMERS LIST 41 SCHNEIDER / SQUARE D CAT 21633 9050FS,9050FT LIST 41 SCHNEIDER / SQUARE D CAT 21635 9050CG, 9050HO LIST 41 SCHNEIDER / SQUARE D CAT 21661 9065 A,C,F,G,S (NOT SS) LIST 41 SCHNEIDER / SQUARE D CAT 21662 9065 SS OL RELAYS LIST 41 SCHNEIDER / SQUARE D CAT 21681 9066 R,S,W LIST 41 SCHNEIDER / SQUARE D CAT 21682 9066 Z LIST 41 SCHNEIDER / SQUARE D CAT 21694 9070 SK LIST 41 SCHNEIDER / SQUARE D CAT 21701 9080 FB LIST 41 SCHNEIDER / SQUARE D CAT 21704 9080 K (BLOCKS ONLY) LIST 41 SCHNEIDER / SQUARE D CAT 21705 9080 K MS1,MS6 LIST 41 SCHNEIDER / SQUARE D CAT 21706 9080 K1 ACCESS LIST 41 SCHNEIDER / SQUARE D CAT 21711 9080 LB LIST 41 SCHNEIDER / SQUARE D CAT 21725 9300 VT MONITORING SYSTEM LIST 41 SCHNEIDER / SQUARE D CAT 21726 9300 VT ACCESSORIES LIST 41 SCHNEIDER / SQUARE D CAT 21729 9421 N LIST 41 SCHNEIDER / SQUARE D CAT 21730 V VARIO SWITCH LIST 41 SCHNEIDER / SQUARE D CAT 21731 9421 L & MISC LIST 41 SCHNEIDER / SQUARE D CAT 21732 9422 LIST 41 SCHNEIDER / SQUARE D CAT 21733 9423 LIST 41 SCHNEIDER / SQUARE D CAT 21742 9991 S LIST 41 235 SCHNEIDER / SQUARE D CAT 21743 9991 MISC (NOT P,S,UE1) LIST 41 SCHNEIDER / SQUARE D CAT 21751 9998 DISC CP1 LIST 41 SCHNEIDER / SQUARE D CAT 21756 9998 DISC CP10 LIST 21 SCHNEIDER / SQUARE D CAT 21761 9999 DISC CP1 LIST 39 SCHNEIDER / SQUARE D CAT 21781 THERMAL UNITS LIST 41 SCHNEIDER / SQUARE D CAT 22021 LIST 17 SCHNEIDER / SQUARE D CAT 22042 ATV12 DRIVE & ACCESSORIES LIST 13 SCHNEIDER / SQUARE D CAT 22049 ATV58 FLUX VECTOR DRIVES LIST 25 SCHNEIDER / SQUARE D CAT 22052 ATV58H OP CP4C LIST 25 SCHNEIDER / SQUARE D CAT 22053 ATV58H 1 - 20H OPEN DRIVES LIST 25 SCHNEIDER / SQUARE D CAT 22055 ATV58E,N CP4C LIST 25 SCHNEIDER / SQUARE D CAT 22058 ATV58 OPTIONS & ACCESSORIES LIST 25 SCHNEIDER / SQUARE D CAT 22059 FLEX58 CHASSIS DRIVE LIST 25 SCHNEIDER / SQUARE D CAT 22060 ATV58 125 CP4C LIST 25 SCHNEIDER / SQUARE D CAT 22062 LINE REACTORS/FILTERS (RL,KLC) LIST 17 SCHNEIDER / SQUARE D CAT 22067 DRIVES REPAIR & RETURN LIST 17 SCHNEIDER / SQUARE D CAT 22130 ATV71 - 1/2 THRU 5HP DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22131 ATV71 - 7.5 THRU 50HP LIST 17 SCHNEIDER / SQUARE D CAT 22132 ATV71 - 60 THRU 150HP DRIVES LIST 25 SCHNEIDER / SQUARE D CAT 22133 ATV71 200 THRU 450HP DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22134 ATV71 500 THRU 700H DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22135 ATV61-71 ACCESSORIES LIST 17 SCHNEIDER / SQUARE D CAT 22136 ATV61 1/2 THRU 5HP DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22137 ATV61 7.5 THRU 50HP DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22138 ATV61 60 THRU 150H DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22139 ATV61 200 THRU 500 HP DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22140 ATV61 500 THRU 900H DRIVES LIST 17 SCHNEIDER / SQUARE D CAT 22150 LIST 17 SCHNEIDER / SQUARE D CAT 22152 ATV312/ATV32/ATV320(.25-7.5HP) LIST 13 SCHNEIDER / SQUARE D CAT 22153 ATV312/ATV32/ATV320(10-30HP) LIST 13 SCHNEIDER / SQUARE D CAT 22154 ATV312-ATV32-ATV320 ACCESSORIES LIST 13 SCHNEIDER / SQUARE D CAT 22155 ATV212 1-25HP 230 VOLT LIST 17 SCHNEIDER / SQUARE D CAT 22157 ATV212 1-25HP 460 VOLT LIST 17 SCHNEIDER / SQUARE D CAT 22158 ATV21 30 - 100HP 460 VOLT LIST 17 SCHNEIDER / SQUARE D CAT 22197 ATV58 DRIVES SPLIT BOX ONLY LIST 25 SCHNEIDER / SQUARE D CAT 22198 AT31 S-FLEX LIST 13 SCHNEIDER / SQUARE D CAT 22200 LIST 25 SCHNEIDER / SQUARE D CAT 22201 LIST 25 SCHNEIDER / SQUARE D CAT 22202 LIST 25 SCHNEIDER / SQUARE D CAT 22203 LIST 25 SCHNEIDER / SQUARE D CAT 22204 LIST 25 SCHNEIDER / SQUARE D CAT 22205 ATV630 FRAMES 1 & 2 LIST 31 SCHNEIDER / SQUARE D CAT 22206 ATV630 FRAMES 3 & 4 LIST 31 SCHNEIDER / SQUARE D CAT 22207 ATV630 FRAMES 5 & 6 LIST 31 SCHNEIDER / SQUARE D CAT 22210 LIST 25 SCHNEIDER / SQUARE D CAT 22211 LIST 25 SCHNEIDER / SQUARE D CAT 22212 LIST 25 SCHNEIDER / SQUARE D CAT 22213 LIST 25 SCHNEIDER / SQUARE D CAT 22214 LIST 25 SCHNEIDER / SQUARE D CAT 22225 LIST 25 SCHNEIDER / SQUARE D CAT 22226 LIST 25 SCHNEIDER / SQUARE D CAT 22227 LIST 25 SCHNEIDER / SQUARE D CAT 22228 LIST 25 SCHNEIDER / SQUARE D CAT 22229 LIST 25 SCHNEIDER / SQUARE D CAT 22235 LIST 25 SCHNEIDER / SQUARE D CAT 22236 LIST 25 SCHNEIDER / SQUARE D CAT 22237 LIST 25 SCHNEIDER / SQUARE D CAT 22238 LIST 25 236 SCHNEIDER / SQUARE D CAT 22239 LIST 25 SCHNEIDER / SQUARE D CAT 22240 LIST 25 SCHNEIDER / SQUARE D CAT 22241 LIST 25 SCHNEIDER / SQUARE D CAT 22245 LIST 25 SCHNEIDER / SQUARE D CAT 22246 LIST 25 SCHNEIDER / SQUARE D CAT 22247 LIST 25 SCHNEIDER / SQUARE D CAT 22248 LIST 25 SCHNEIDER / SQUARE D CAT 22249 LIST 25 SCHNEIDER / SQUARE D CAT 22250 LIST 17 SCHNEIDER / SQUARE D CAT 22251 LIST 17 SCHNEIDER / SQUARE D CAT 22252 LIST 17 SCHNEIDER / SQUARE D CAT 22253 LIST 17 SCHNEIDER / SQUARE D CAT 22254 LIST 17 SCHNEIDER / SQUARE D CAT 22255 LIST 17 SCHNEIDER / SQUARE D CAT 22256 LIST 17 SCHNEIDER / SQUARE D CAT 22257 LIST 17 SCHNEIDER / SQUARE D CAT 22258 LIST 17 SCHNEIDER / SQUARE D CAT 22259 LIST 17 SCHNEIDER / SQUARE D CAT 22260 LIST 17 SCHNEIDER / SQUARE D CAT 22261 LIST 17 SCHNEIDER / SQUARE D CAT 22262 LIST 17 SCHNEIDER / SQUARE D CAT 22263 LIST 17 SCHNEIDER / SQUARE D CAT 22264 LIST 17 SCHNEIDER / SQUARE D CAT 22265 LIST 17 SCHNEIDER / SQUARE D CAT 22266 LIST 17 SCHNEIDER / SQUARE D CAT 22267 LIST 17 SCHNEIDER / SQUARE D CAT 22268 LIST 17 SCHNEIDER / SQUARE D CAT 22269 LIST 17 SCHNEIDER / SQUARE D CAT 22270 LIST 17 SCHNEIDER / SQUARE D CAT 22271 LIST 17 SCHNEIDER / SQUARE D CAT 22313 CTRS, D -LINE, ENCL (METAL) LIST 44 SCHNEIDER / SQUARE D CAT 22315 CTRS, D -LINE, ENCL(PLASTIC) LIST 44 SCHNEIDER / SQUARE D CAT 22321 CTR,I<-LINE,DC,OPEN,NONREV LIST 35 SCHNEIDER / SQUARE D CAT 22322 CTR,I<-LINE,DC,OPEN,REV LIST 35 SCHNEIDER / SQUARE D CAT 22323 LIST 44 SCHNEIDER / SQUARE D CAT 22324 CONTACTOR,K-LINE-OVERLOADS LIST 35 SCHNEIDER / SQUARE D CAT 22325 LIST 44 SCHNEIDER / SQUARE D CAT 22326 CTR,K-LINE,AC,OPEN,NONREV LIST 35 SCHNEIDER / SQUARE D CAT 22327 CTR,K-LINE,AC,OPEN,REV LIST 35 SCHNEIDER / SQUARE D CAT 22331 CTR,F-LINE,DC,OPEN,NONREV LIST 35 SCHNEIDER/ SQUARE D CAT 22332 CTR, F -LINE, DC. OPEN, REC LIST 35 SCHNEIDER / SQUARE D CAT 22333 CONTACTOR,F-LINE,ENCLOSED LIST 44 SCHNEIDER / SQUARE D CAT 22334 CONTACTOR, F -LINE, OVERLOADS LIST 35 SCHNEIDER / SQUARE D CAT 22336 CTR,F-LINE,AC,OPEN,NONREV LIST 35 SCHNEIDER / SQUARE D CAT 22337 LIST 35 SCHNEIDER / SQUARE D CAT 22338 SOLID STATE OVERLOAD RELAYS LIST 44 SCHNEIDER / SQUARE D CAT 22339 THERMISTER RELAY (LT3) LIST 44 SCHNEIDER / SQUARE D CAT 22340 LIST 35 SCHNEIDER / SQUARE D CAT 22341 CONT D,K,&F ACCESS LIST 35 SCHNEIDER / SQUARE D CAT 22345 CTR D -LINE, OPEN, NONREV-NEW LIST 35 SCHNEIDER / SQUARE D CAT 22346 CTR, D -LINE, OPEN, REVERSING -NEW LIST 35 SCHNEIDER / SQUARE D CAT 22347 CONTACTOR, D -LINE, OVERLOADS -NEW LIST 35 SCHNEIDER / SQUARE D CAT 22366 MAN STR PROTECTORS-GV1/GV-3 LIST 44 SCHNEIDER / SQUARE D CAT 22367 MANUAL STR PROTECTOR-GV2 LIST 49 SCHNEIDER / SQUARE D CAT 22370 RE, RM MISC TIMERS & COUNTERS LIST 41 SCHNEIDER / SQUARED CAT 22371 RELAYS, CONTROL LIST 35 SCHNEIDER / SQUARE D CAT 22372 RELAYS INTRINS LIST 41 SCHNEIDER / SQUARE D CAT 22373 RELAYS,SPEED C LIST 41 237 SCHNEIDER / SQUARE D CAT 22374 TIMER RE I LIST 44 SCHNEIDER / SQUARE D CAT 22375 INTERFACE MODULE (ABA,R,S) LIST 41 SCHNEIDER / SQUARE D CAT 22377 RM3 PR RELAY I LIST 44 SCHNEIDER / SQUARE D CAT 22378 SR2,3 ZELIO 2 RELAYS LIST 44 SCHNEIDER / SQUARE D CAT 22379 RELAYS, SR1 LIST 44 SCHNEIDER / SQUARE D CAT 2238118 STARTER 111 LIST 44 SCHNEIDER / SQUARE D CAT 22382 STRS, INTEGRAL 32&63, OPEN LIST 44 SCHNEIDER / SQUARE D CAT 22383 LIST 44 SCHNEIDER / SQUARE D CAT 22384 STARTERS, INTEGRAL, ACCESS LIST 44 SCHNEIDER / SQUARE D CAT 22392 ATSU01/ATS01 LOW HP SOFT STARTERS LIST 39 SCHNEIDER / SQUARE D CAT 22393 ATWO HIGHER HP SOFT STARTERS LIST 39 SCHNEIDER / SQUARE D CAT 22396 TESYS U-SELF PRTCTD STARTER (LUB) LIST 49 SCHNEIDER / SQUARE D CAT 22397 TESYS U-CNTRL MOD(LUCA, LUCID) LIST 49 SCHNEIDER / SQUARE D CAT 22398 TESYS U-MULTI-FCTN CTRL MOD(LUCM) LIST 49 SCHNEIDER / SQUARE D CAT 22399 TESYS U, ACCESSORIES LIST 49 SCHNEIDER/SQUARE D CAT 22411 LIMIT SWITCHES, IEC, XCKJ LIST 44 SCHNEIDER/ SQUARE D CAT 22416 LIMIT SWITCHES, IEC, XCKL LIST 44 SCHNEIDER / SQUARE D CAT 22418 LIMIT SWITCH, IEC, XCKP&XCKT LIST 44 SCHNEIDER/ SQUARE D CAT 22421 LIMIT SWITCHES,ARMS FOR 9007MS LIST 44 SCHNEIDER / SQUARE D CAT 22426 LIMIT SWITCH ES,TYPE L LIST 44 SCHNEIDER / SQUARE D CAT 22431 LIMIT SWITCHES, TYPE 9007MS LIST 44 SCHNEIDER / SQUARE D CAT 22435 XCM LIMIT SW T LIST 44 SCHNEIDER / SQUARE D CAT 22441 LIMIT SW, CABLE PULL TYPE XY2 LIST 44 SCHNEIDER / SQUARE D CAT 22449 LIMIT SWITCH ES,ACCESSORIES LIST 44 SCHNEIDER / SQUARE D CAT 22455 LIGHT CURTAINS - XUSL LIST 44 SCHNEIDER / SQUARE D CAT 22459 PUSHBUTTONS, 16M LIST 41 SCHNEIDER / SQUARE D CAT 22460 PUSHBUTTONS 22MM (PLASTIC) LIST 44 SCHNEIDER / SQUARE D CAT 22461 PUSHBUTTON, 22MM (METAL) LIST 41 SCHNEIDER / SQUARE D CAT 22463 CAM SWITCHES LIST 41 SCHNEIDER / SQUARE D CAT 22464 PUSHBUTTONS, X137-22MM LIST 41 SCHNEIDER / SQUARE D CAT 22466 PUSHBUTTON, ACCESSORIES LIST 44 SCHNEIDER / SQUARE D CAT 22467 PUSHBUTTONS, 22MM (PLASTIC) NEW LIST 60 SCHNEIDER / SQUARE D CAT 22468 PUSHBUTTONS, 22MM (METAL) NEW LIST 60 SCHNEIDER / SQUARE D CAT 22469 PUSHBUTTON, 22MM ACCESSORIES-NEW LIST 60 SCHNEIDER / SQUARE D CAT 22470 XBSR WIRELESS PUSH BUTTON LIST 44 SCHNEIDER / SQUARE D CAT 22472 PUSHBUTTON, FOOT SWITCHES LIST 44 SCHNEIDER/SQUARE D CAT 22473 PUSHBUTTON PENDANTS LIST 49 SCHNEIDER / SQUARE D CAT 22474 PUSHBUTTON, CRANE JOYSTICKS LIST 44 SCHNEIDER / SQUARE D CAT 22475 WALL STATIONS LIST 57 SCHNEIDER / SQUARE D CAT 22476 JOYSTICKS (NOT CRANE) LIST 44 SCHNEIDER / SQUARE D CAT 22477 SAFETY MODULES (PREVENTA) LIST 44 SCHNEIDER / SQUARE D CAT 22568 HMI CONTROLLERS LIST 8 SCHNEIDER / SQUARE D CAT 22569 MAGELIS XBT-GT (AND XBT-G) LIST 8 SCHNEIDER / SQUARE D CAT 22570 MAGELIS TEXT DISPLAYS & ACCESS LIST 8 SCHNEIDER / SQUARE D CAT 22621 IEC PANEL ACCESSORIES LIST 44 SCHNEIDER / SQUARE D CAT 22622 PANEL BUS (OLD STYLE) LIST 44 SCHNEIDER / SQUARE D CAT 22623 PANEL BUS (AK5) LIST 44 SCHNEIDER / SQUARE D CAT 22625 CMD COMPONENTS(AK3) LIST 44 SCHNEIDER / SQUARE D CAT 22626 CMD MISC PARTS LIST 44 SCHNEIDER / SQUARE D CAT 22631 TELE CIRCUIT BRKR (GB2) LIST 44 SCHNEIDER / SQUARE D CAT 22640 IEC DISCONNECT-GS1, LK3 LIST 44 SCHNEIDER / SQUARE D CAT 22642 D10 SWITCHES T LIST 44 SCHNEIDER / SQUARE D CAT 22643 D11 DISCN SW T LIST 44 SCHNEIDER / SQUARE D CAT 22644 DISCONNECT SWITCHES - D12 LIST 44 SCHNEIDER / SQUARE D CAT 22661 XMLA,B,C,D PRESSURE SWITCHES LIST 54 SCHNEIDER / SQUARED CAT CP1B DEFINITE PURPOSE CONTROL LIST 41 SCHNEIDER / SQUARE D CAT CP1G OPEN AND ENCLSD SOFT STRTRS AND ACC LIST 13 SCHNEIDER / SQUARED ICAT CP2 GENERAL PURPOSE RELAYS & TIMERS LIST 21 238 SCHNEIDER/ SQUARE D CAT CP41) ALTIVAR 212, S -FLEX DRVS AND ACCESS LIST 17 SCHNEIDER/ SQUARE D CAT CP5 TERMINAL BLOCKS - TYPES G & M LIST 31 SCHNEIDER/ SQUARE D CAT CP7 PRESSURE SWITCH (STD. PACKAGED) LIST 39 SCHNEIDER/ SQUARE D CAT CP7G 9013-G PRESSURE, VAC&FLT SWTCH LIST 35 SCHNEIDER/ SQUARE D CAT CP71 PRESSURE SWITCH (INDIVID PCKG) LIST 39 SCHNEIDER/SQUARED CAT CP8 CONTROL TRANSFORMERS LIST 39 SCHNEIDER/ SQUARE D CAT DE1 HD & DT SWITCH, IND. CB ENCL LIST 60 SCHNEIDER/ SQUARE D CAT DE10 NEW TECHNOLOGY PRODUCTS LIST 31 SCHNEIDER/ SQUARE D CAT DE1A GENERAL DUTY SWITCHES & B -HUBS LIST 60 SCHNEIDER/ SQUARE D CAT DE113 SURGE ARRESTORS LIST 60 SCHNEIDER/ SQUARE D CAT DE2 INDUSTRIAL CIRCUIT BREAKERS LIST 49 SCHNEIDER/ SQUARE D CAT DE2A QO,WOT,Q2,QE,QOX CB & ENCL LIST 57 SCHNEIDER/ SQUARE D CAT DE2C LV POWER FACTOR CORRECTION CAP LIST 57 SCHNEIDER/ SQUARE D CAT DE2E CB ACCESSORIES QO & HOM LIST 60 SCHNEIDER/ SQUARE D CAT DE2F MG MASTERPACK LIST 49 SCHNEIDER/ SQUARE D CAT DE3,(3C)(3D) LIST 60 SCHNEIDER/ SQUARE D CAT DE3A 1 PHASE QO LOAD CENTERS & CSED LIST 60 SCHNEIDER/ SQUARE D CAT DE3C HOMELINE LOAD CENTERS LIST 60 SCHNEIDER/ SQUARE D CAT DE3D HOMELINE CIRCUIT BREAKER LIST 60 SCHNEIDER/ SQUARE D CAT DE4 METERING EQUIPMENT & SERVICEPAK LIST 60 SCHNEIDER/ SQUARE D CAT DESA OCCUPANCY SENSORS, POWERLINK RTI CO LIST 44 SCHNEIDER/ SQUARE D CAT DS2 PROXIMITY & PHOTOELECTRIC SENSORS LIST 54 SCHNEIDER/ SQUARE D CAT 01 LIST 49 SCHNEIDER/SQUARED CAT PAI CONTROL TRANSF, INSTRUMENT TRANSF LIST 39 SCHNEIDER/ SQUARE D CAT PCII LARGE MICRO CNTLR/ACC (512,612) LIST 31 SCHNEIDER/ SQUARE D CAT PC12 TMODSOFT LITE SOFTWARE LIST 31 SCHNEIDER/ SQUARE D CAT PC21 QUANTUM CPU, QUANTUM 1/0 LIST 39 SCHNEIDER/ SQUARE D CAT PC31 PUSH BUTTON STATION & KEYPAD LIST 39 SCHNEIDER/ SQUARE D CAT PC32 ADVANTYAC "S LIST 39 SCHNEIDER/ SQUARE D CAT PC34 MODICON M340 CONTROLLERS AND 1/0 LIST 35 SCHNEIDER/ SQUARE D CAT PC40 MODSOFT SOFTWARE LIST 41 SCHNEIDER/ SQUARE D CAT PC41 MODBUS, MODBUS PLUS PROWORX, CONNEX LIST 39 SCHNEIDER/ SQUARE D CAT PC46 FACTORYLINK SOFTWARE LIST 39 SCHNEIDER/ SQUARE D CAT PE10 SUBWAY, CABLETRAY, ETC LIST 54 SCHNEIDER/ SQUARE D CAT PE1A MERCHANDISED PNLBD/SWBD LIST 60 SCHNEIDER/ SQUARE D CAT PE2 TRANSFRS LIST 60 SCHNEIDER/ SQUARE D CAT PE2E ENERGY EFFICICENT LIGHT & XFMRS LIST 49 SCHNEIDER/ SQUARE D CAT PE4 MOTOR CONTROL CENTERS LIST 31 SCHNEIDER/ SQUARE D CAT PE4A MERCHANDISED MOTOR CONTROL PRODUCTS LIST 49 SCHNEIDER/ SQUARE D CAT PE5A DIGEST LISTED M.V. SWITCHES LIST 57 SCHNEIDER/ SQUARE D CAT PE56 MEDIUM VOLTAGE FUSES LIST 57 SCHNEIDER/ SQUARE D CAT PE613 LIST 39 SCHNEIDER/ SQUARE D CAT PE6C LIST 39 SCHNEIDER/ SQUARE D CAT PE6D POWER DRY VPI TRANSFORMERS LIST 31 SCHNEIDER/ SQUARE D CAT PE6E LIST 39 SCHNEIDER/ SQUARE D CAT PE7 I -LINE PLUG-IN UNITS LIST 2 SCHNEIDER/ SQUARE D CAT PE8 I LINE/IIBUSWAY, PLUG IN UNITS FOR 0 LIST 2 SCHNEIDER/ SQUARE D CAT PE9 WIREWAY, SERVICE FITTINGS LIST 25 SCHNEIDER/ SQUARE D CAT PL1S SEPAM PROTECTIVE RELAYS LIST 13 SCHNEIDER/ SQUARE D CAT PL1T PLUNIV & TECH SUPPORT LIST 2 SCHNEIDER/ SQUARE D CAT PM1 POWER MONITORING AND CONTROL PROD LIST 8 SCHNEIDER/ SQUARE D CAT V1C1 SCADA SOFTWARE LIST 2 SCHNEIDER/ SQUARE D CAT XV LIST 41 SCHNEIDER/ SQUARE D ALL OTHER SCHNEIDER COMPANIES & PRODUCTS LIST 2 SCHNEIDER/ SQUARE D SCHNEIDER ELECTRICAL VEHICLE CHARGING LIST 2 SCHNEIDER/ SQUARED ISCHNEIDER ACE PROGRAM PLC & LOGIC PRODUCTS LIST 5 SCHNEIDER/ SQUARED ISCHNEIDER SQD ENGINEERED PRODUCTS LIST 5 SCHNEIDER/ SQUARED ISCHNEIDER ACE PROGRAM AUTOMATION PRODUCTS LIST 10 239 SCHNEIDER/ SQUARED ISCHNEIDER SQD SERVICES I COST+ NTE 1 26 240 I Introdtoci oiiin aind Overview Point Value: 0 U.S.. . COMMUNITIES GOVERNMENT,Pldl 1. MASTER AGREEMENT The City of Kansas City, MO (herein "Lead Public Agency") on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies") is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Electrical, Lighting, Data Communications, and Security Products and Related Products, Services and Solutions (herein "Products and Services"). 2. OBJECTIVES A. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies; B. Establish the Master Agreement as a Supplier's primary offering to Participating Public Agencies; C. Achieve cost savings for Suppliers and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple bids or proposals; D. Combine the volumes of Participating Public Agencies to achieve cost effective pricing; E. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems; 241 F. Provide Participating Public Agencies with environmentally responsible products and services. 3. U.S. COMMUNITIES U.S. Communities Government Purchasing Alliance (herein "U.S. Communities") assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited contracts for high quality products and services by large and well recognized public agencies (herein "Lead Public Agencies"). The contracts provide for use by not only the respective Lead Public Agency, but also by other Participating Public Agencies. National Sponsors U.S. Communities is jointly sponsored by the National Association of Counties (NACo), the National League of Cities (NLC), the Association of School Business Officials International (ASBO), the United States Conference of Mayors (USCM) and the National Governors Association (NGA) (herein "National Sponsors") Advisory Board The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States. Each Advisory Board Member is expected to actively participate in product bids and selection, participate in policy direction, and share expertise and purchasing innovations. Current U.S. Communities Advisory Board Members Auburn University, AL Great Valley School District, PA Beaverton School District, OR City and County of Denver, CO City of Chicago, IL City of El Paso, TX City of Houston, TX City of Kansas City, MO City of Los Angeles, CA City of Ocean City, NJ City of Seattle, WA Cobb County, GA Denver Public Schools, CO Emory University, GA Fairfax County, VA Fresno Unified School District, CA Harford County Public Schools, MD Hennepin County, MN Los Angeles County, CA Maricopa County, AZ Miami -Dade County, FL North Carolina State University, NC Onondaga County, NY Port of Portland, OR Prince William County Schools, VA San Diego Unified School District, CA State of Iowa, IA The Ohio State University, OH The School District of Collier County, FL 242 Participating Public Agencies Today, more than 55,000 public agencies utilize U.S. Communities contracts and suppliers to procure over $2.5 Billion Dollars in products and services annually. Each month more than 500 new public agencies register to participate. The continuing rapid growth of public agency participation is fueled by the program's proven track record of providing public agencies unparalleled value. The Supplier(s) must communicate directly with any Participating Public Agency concerning the placement of orders, issuance of the purchase order, contractual disputes, invoicing, and payment. The City of Kansas City, MO is acting as "Contracting Agent" for the Participating Public Agencies and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred by any other Participating Public Agency. Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. A copy of the MICPA is attached in Section 10. Estimated Volume The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $500 Million Dollars annually. This estimate is based on the anticipated volume of the Lead Public Agency, the U.S. Communities Advisory Board members, and current sales within the U.S. Communities program. While there is no minimum quantity of products required to be purchased under the proposed Master Agreement, the City of Kansas City, MO and the U.S. Communities Advisory Board Members are committed to utilizing the Master Agreement. The Advisory Board members shall determine if the Master Agreement is of value to their agency, and will promote the Master Agreement among other public agencies nationwide and internationally. The Advisory Board in 2016 purchased more than $168 Million Dollars of products and services from existing U.S. Communities contracts. Marketing Support U. S. Communities provides marketing support for each Supplier's products through the following: • National Sponsors as referenced above. • Over 85 State Associations of Counties, Schools and Municipal Leagues. • Sales and marketing personnel that directly promote the U.S. Communities Suppliers to Participating Public Agencies through public agency meetings, webinars, direct mail, email, online and print advertising, social media, articles, and exhibiting and presenting at national and local trade shows. • U.S. Communities provides Suppliers government sales training, and a host of online marketing and sales management tools to effectively increase sales through U.S. Communities. 243 Multiple Awards Multiple awards may be issued as a result of the solicitation. Multiple Awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies. The City of Kansas City, MO reserves the right to award the contract locally and/or nationally in the aggregate, by section, multiple award, primary, secondary, and tertiary, whichever is in the best interest of the City of Kansas City, MO and Participating Public Agencies as a result of this solicitation. Evaluation of Proposals Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. U.S. Communities Advisory Board members and other Participating Public Agencies will assist the Lead Public Agency in evaluating proposals. The Supplier(s) whose response(s) affirmatively meets the requirements of this Request for Proposal and provides the best overall value will be eligible for a contract award. U.S. Communities reserves the right to make available or not make available Master Agreements awarded by a Lead Public Agency to Participating Public Agencies. I Rave yu'nii rc^iid and do yiu aulllinoivllllodge i�mUV;vcive luuur'w;rodriefiion aiad Oveirviiuuv ! 11141llease sial ^; any gk.iesfiouu�s 0r111a0111uras^m"uss yuu a Ihave m egau doiuu g fllluis ioirl"o rnialioin uucr the Coinunicints srcfioiuu provided Ill��ru;llllovr��. Priority: 3. Response Type: Choose from a List. True/False. Comment? yes Istruciuii liiins ttauit(I Conditions Point Value: 0 L PURPOSE The City of Kansas City, Missouri ("City") invites you to submit a proposal for Electrical, Lighting, Data Communications, and Security Products and Related Products, Services and Solutions as listed in the Scope Requirements of this Request for Proposal. 2. DUE DATE FOR PROPOSALS Proposers shall submit Proposals to the City Contact Person listed below utilizing the RFP365 online tool by 11:00 p.m. (CST) on Friday, October 6, 2017. 3. CITY CONTACT PERSONS General, Technical and Proposal Submission Questions Proposers shall submit their Proposal and any general questions or issues about any aspect of this RFP to the following City Contact person: Renee Medlin, CPPO, Procurement Manager Procurement Services Division City Hall, 1 st Floor, Room 102 W 244 414 East 12th Street, Kansas City, Missouri 64106 (816) 513-0816 (Phone) Renee.Medlin&kcmo.org (Email) Questions should be submitted through the RFP365 online tool. Deadline for questions is Friday, September 22, 2017 at 12:00p.m (CST). 4. DEFINITIONS • This Request for Proposals ("RFP" or "solicitation") is an invitation by the City for Proposers to submit an offer, which may be subject to subsequent discussions and negotiations by the City and the Proposer. It is not a request for a competitive bid. • "Proposal" means any document, submittal, interview, presentation, discussion, negotiation, and everything and anything provided in response to this RFP regardless whether the subinission is an oral or written submission. • By submitting a proposal to the City, Proposer agrees that the Proposer does not obtain any right in or expectation to a contract with the City or a vested interest or a property right in a contract with the City regardless of the amount of time, effort and expense expended by Proposer in attempting to obtain a written executed contract with the City that complies with Section 432.070, RSMo, the City Charter and City ordinances. 5. ESTIMATED SCHEDULE The listed dates in the "Estimated Schedule" are tentative. The City reserves the right to change or extend any and all dates including the due date for proposals for any reason at any time including after the due date for proposals. 09/06/2017 RFP issued Pre -Proposal Conference City of Kansas City, Missouri City Hall 414 East 12th Street 11th Floor Conference Room 09/20/2017 1:00 p.m. General Services Department Kansas City, MO 64106 *Suppliers need to make their best efforts to attend this pre -proposal conference. MBE/WBE goals (for local contract) and national requirements will be discussed in detail. 09/22/2017 Deadline for questions to be submitted 12:00p.m. 10/06/2017 Deadline for Proposals to be submitted 11:OOp.m. Mid October 2017 Notification of shortlisted firms 245 Late October 2017 Presentations, if necessary Early November 2017 Selection/Negotiations Late November / City Council Approval Early December 2017 January 1, 2018 Contract Start Date 6. RFP DOCUMENTS This RFP consists of the following sections: • This RFP • Scope of Work • Standard City Contract • HRD Documents 7.EXAMINATION OF ALL RFP DOCUMENTS AND REQUIREMENTS • Each Proposer shall carefully examine all RFP documents and thoroughly familiarize themselves with all RFP requirements prior to submitting a proposal to ensure that Proposer's Proposal meets the intent of this RFP. • Before submitting a Proposal to the City, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain any and all conditions and requirements that affect the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the Proposer from Proposer's obligation to comply, in every detail, with all provisions and requirements of the RFP. • By submitting a Proposal to the City, Proposer certifies that Proposer has provided the City with written notice of all ambiguities, conflicts, mistakes, errors or discrepancies that Proposer has discovered in the RFP, the Proposed Contract, Scope of Services and any other document. By executing a Contract with the City, Proposer certifies that Proposer communicated to City all ambiguities, conflicts, errors or discrepancies that it has discovered in the RFP, the Proposed Contract, Scope of Services and any other document and that written resolution thereof by the City as embodied in the final Contract is acceptable to Proposer. 8. QUESTIONS AND CLARIFICATIONS ABOUT THIS RFP • Question Deadline o Proposers may submit written questions, request clarifications or provide notice to the appropriate City Contact person listed in number 3 (above) of any ambiguities, conflicts, mistakes, errors or discrepancies that Proposer has discovered in the RFP, the 246 Proposed Contract, Scope of Services and any other solicitation document at any time until one (1) week prior to the due date for proposals. o The City will answer all inquiries by any Proposer in writing. If any inquiry results in a change in the RFP, the City will issue an Addendum and the Addendum will be on the City's website. It is the responsibility of Proposers to check and City's website for addenda. http://www.kcmo.gov • Questions - Post Deadline o If a Proposer discovers any ambiguities, conflicts, mistakes, errors or discrepancies after the deadline for questions and clarifications or after the proposal due date, Proposer shall immediately submit the ambiguity, conflict, mistake, error or discrepancy to the appropriate City Contact person listed in number 3 (above). The City, in its sole discretion, shall determine the appropriate response to any issue raised by any Proposer. 9. SUBMISSION OF PROPOSALS All proposal documents must be submitted in the exact order as listed in the City RFP. • The City uses RFP365 for the electronic distribution and submission of this RFP's responses. • Respondents will prepare their answers and upload completed forms in this electronic platform. • Respondents can prepare responses to RFP questions that include: o Formatted text, using the formatting options in the text editor o Uploaded files, including completed forms and supporting documentation. Use the paperclip icon in the text editor to upload a file. o Embedded images. Thumbnails of images can be uploaded into the text, resized, and placed using the controls through picture frame icon in the text editor. o Links to external website which are publicly available. • Respondents using the RFP365 platform can add internal team members to help in the preparation of their responses. By clicking on the Users page through the drop-down under your name in the upper right-hand corner, you can invite team members to collaborate on responses. • Users of this platform must have an internet connection and can user browsers including: Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Internet Explorer 9 or newer. Users on old versions of browsers which are not supported by this application will be warned at the login screen that they are using an unsupported browser. Google Chrome and Mozilla Firefox are free browsers and can be installed on the uses computer at no charge. • Users of RFP365 can send and receive messages to the RFP owner by using the messaging feature in the top -right corner of this RFP screen. Messages will be responded to accordingly and an email of any message will be copied to the respondent point of contact. • Each response can be assigned to users of the respondent's team. They can set internal due dates and manage the progress inside of the RFP365 platform. • Only complete and approved responses can be submitted. • Submission after the due date at 11:00 p.m. (Central time) is not allowed. • Technical support for this application is available at suport(ae rfp365.com. 247 10.CONTENT OF PROPOSAL In the subsequent sections of this proposal, respondents will be required to prepare answers to various questions. These sections include, but are not limited to, the following: • Business/Firm Profile and Legal Structure • Experience • Personnel • Sustainability • Pricing/Cost Proposal • References • Technical and Functional Requirements • U.S. Communities Administration Agreement (signed, unaltered) • U.S. Communities Supplier Worksheet for National Program Consideration • U.S. Communities Supplier Information • Other Required Documents 11. EVALUATION CRITERIA • Any evaluation criteria or weighting of criteria is used by the City only as a tool to assist the City in selecting the best proposal for the City. Evaluation scores or ranks do not create any right in or expectation to a contract with the City regardless of any score or ranking given to any Proposer by the City. In other words, even if the City gives a Proposer the highest rank and highest score, the Proposer still has no expectation of a contract with the City and the City may choose to contract with any other Proposer regardless of the score or rank of the other Proposer. • The City may change criteria and criteria weights at any time including after the due date for proposals. 12. INTERVIEWS The City, in its sole discretion, may interview none, one, some or all of the Proposers who submit proposals. 13. DISCUSSIONS AND NEGOTIATIONS The City, in its sole discretion, may do any or all of the following: • evaluate Proposals and award a contract with or without discussions or negotiations with any or all of the Proposers; • discuss and negotiate anything and everything with any Proposer or Proposers at any time; • request additional information from any or all Proposers; • request a Proposer or Proposers to submit a new Proposal; • request one or more best and final offers from any or all Proposers; • accept any Proposal in whole or in part; • require a Proposer to make modifications to their initial Proposals; 248 • make a partial award to any or all Proposers; • make a multiple award to any or all of Proposers; • terminate this RFP, and reissue an amended RFP. 14. PROPOSAL MUST REMAIN FIRM IRREVOCABLE OFFER TO CITY FOR 90 DAYS • By submitting a proposal to the City, Proposer agrees that Proposer's Proposal shall constitute a firm irrevocable offer to the City that Proposer shall not withdraw or modify without the City's approval for ninety (90) days after the proposal due date. Proposer agrees that even if the City negotiates or makes a counter offer to Proposer on Proposer's original Proposal or any subsequent Proposal submitted by Proposer to the City, Proposer hereby grants to the City, in the City's sole discretion, the unconditional right for the City to accept Proposer's original Proposal and the City's negotiation or counter offer shall not be deemed to be a counter offer. • After ninety (90) days, the City can accept any proposal or subsequent proposals from any Proposer with the consent of the Proposer at any time and regardless of the length of time that has passed from the proposal due date. 15. SELECTION The City will select the proposal that in the City's sole judgment the City determines to be the best Proposal. Section 432.070, RSMo requires the City to have a written executed contract signed by both parties prior to anyone performing services or providing any goods, supplies, materials or equipment to the City. The written executed contract must also comply with the City Charter and City Ordinances. This means that a proposer does not have a contract with the City until a written contract is executed. A contract is executed when all of the following have occurred: (1) the City Council authorizes the execution of a contract with the Proposer (if City Council approval is requested by City staff or is required by City Ordinance); (2) persons with actual authority to bind both the City and the Proposer execute the contract; (3) the contract is approved by the Law Department; (4) the City issues a purchase order to the Contractor with the Director of Finance's certification of availability of funds for the contract; and (5) any other required step. A Proposer does not have a contract with the City until all the steps are completed. If the City does not complete all required steps, there is no contract between the City and the Proposer and the City has absolutely no contractual or financial obligation to any Proposer regardless of the amount of time, effort and money spent by the Proposer responding to the RFP and attempting to negotiate and obtain a contract with the City. 16. REJECTION OF PROPOSALS The City reserves the unconditional right to reject any or all proposals received in response to this RFP at 249 any time prior to the City executing a contract that meets the requirements of Section 432.070, RSMo, the City Charter and all applicable City Ordinances. 17. WAIVER OF ORDINANCES, REGULATIONS AND RFP REQUIREMENTS • The City, at any time, may waive any requirements imposed in this RFP or by any City regulation. • The City may waive any requirement imposed by the City's Code of Ordinances when failure to grant the waiver will result in an increased cost to the City and the requirement waived would be waived for all Proposers for this RFP and it is in the best interest of the City to grant the waiver. 18. LATE PROPOSALS The City, in its sole discretion, may consider proposals received by the City after the proposal due date if it is in the best interest of the taxpayers of the City to receive the late proposal(s). 19. CHANGES IN THE RFP • After this RFP is issued, the City, in its sole discretion, may change everything or anything contained in this RFP at any time including after the Proposal due date. If the change is prior to the proposal due date, the City reserves the right, when considered necessary or appropriate, to modify this RFP. • If the City shall amend the RFP after the proposal due date, the City may, in its sole discretion, solicit new proposals in an amended RFP from anyone or everyone regardless whether a person submitted a proposal in response to the original RFP. 20. CHANGES IN EXECUTED CONTRACT AND ADDITIONAL WORK • After the City executes a contract in accordance with the requirements of Section 432.070, RSMo, the City Charter and City Ordinances, the City may, in its sole discretion, amend the contract to change anything or everything associated with the contract as long as such change is in the interest of the City and as long as the Contractor agrees to the change. • The City, in its sole discretion, may award additional contracts for related work or subsequent Project phases to the selected Contractor. • The City, in its sole discretion, may extend the term of the contract with the selected Contractor notwithstanding the expiration of the initial term or any subsequent term or all options to renew, until the City has a new contract in place with either Proposer or another provider or until the City terminates the Contract. 21. PROPOSER SOLELY RESPONSIBLE FOR ALL COSTS Regardless of the amount of time, effort, cost and expense incurred by a Proposer in Proposer's attempt to win this City contract, Proposer agrees that Proposer shall be solely responsible and liable for any and all costs incurred by Proposer. 250 The City shall have no liability or responsibility for any of Proposer's costs or expenses. 22. OWNERSHIP OF PROPOSALS By submitting its Proposal, Proposer hereby agrees that Proposer's Proposal and any supplementary material submitted by the Proposer shall become property of the City. 23. DISCLOSURE OF PROPRIETARY INFORMATION • A Proposer may attempt to restrict the disclosure of scientific and technological innovations in which the Proposer has a proprietary interest, or other information that is protected from public disclosure by law, which is contained in the Proposal by marling each response of each such document prominently with the words "Proprietary Information"; • After either a contract is executed pursuant to the RFP, or all submittals are rejected, if access to documents marked "Proprietary Information", as provided above, is requested under the Missouri Sunshine Law, the City will notify the Proposer of the request, and it shall be the burden of the Proposer to establish that such documents are exempt from disclosure under the law. • If the Proposer elects to challenge a formal request for such information made to the City and if the Proposer is unsuccessful in keeping such information closed, the Proposer shall pay for any and all costs, attorney fees and fines that are a result of Proposer's attempt to keep the information closed. • Notwithstanding the foregoing, in response to a formal request for information, the City reserves the right to release any documents if the City determines that such information is a public record pursuant to the Missouri Sunshine Law. The City shall have no liability to any Proposer or anyone else for releasing any Proprietary Information of a Proposer even if the City is negligent in releasing or disclosing any Proprietary Information of any Proposer. 24. CLOSED RECORDS All Proposals including interviews, presentations and documents, and meetings relating thereto may remain closed records or meetings under the Missouri Sunshine Law until a contract is executed or until all Proposals are rejected by the City. If the City amends this RFP, Proposals subinitted in response to the original RFP may remain closed records until a contract is executed or all proposals submitted in response to the amended RFP are rejected. Proposals shall remain closed records even if the City mistakenly informs all Proposers that it is rejecting any and all Proposals prior to amending the RFP as long as the City intends to amend the RFP and resolicit Proposals. 25. AFFIRMATIVE ACTION It is the policy of the City that any person or entity entering into a contract with the City, will employ applicants and treat employees equally without regard to their race, color, sex, religion, national origin or 251 ancestry, disability, sexual orientation, gender identity or age. The City's Affirmative Action ordinance requires that any person or entity who employs fifty (50) or more persons and is awarded a contract from the City totaling more than $300,000.00 must: • Execute and submit an affidavit, in a form prescribed by the City, warranting that the Contractor has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the contract. • Submit, in print or electronic format, a copy of the Contractor's current certificate of compliance to the City's Human Relations Department (HRD) prior to receiving the first payment under the contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years. If, and only if, Contractor does not possess a current certification of compliance, Contractor shall submit, in print or electronic format, a copy of its affirmative action program to HRD prior to receiving the first payment under the contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years. • Require any Subcontractor awarded a subcontract exceeding $300,000.00 to affirm that Subcontractor has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the subcontract. • Obtain from any Subcontractor awarded a subcontract exceeding $300,000.00 a copy of the Subcontractor's current certificate of compliance and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed. If, and only if, Subcontractor does not possess a current certificate of compliance, Contractor shall obtain a copy of the Subcontractor's affirmative action program and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed If you have any questions regarding the City's Affirmative Action requirements, please contact HRD at (816) 513-1836 or visit the City's website: www.kcmo.gov 26. TAX CLEARANCE FOR CITY and LOCAL GOVERNMENTS The local governments of the City of Kansas City, Jackson County, Missouri; Johnson County, Kansas; and the Unified Government of Wyandotte County/Kansas City, Kansas (collectively the "Local Governments"), have agreed to help enforce each other's Tax Laws to insure that taxpayer funded contracts are performed by Contractors in compliance with the Tax Laws of the Local Governments. Contractor agrees that Contractor shall be in compliance with the Tax Laws of the Local Governments throughout the term of this contract and any contract renewals and that proof of Contractor's compliance with the Tax Laws of the Local Governments shall be a condition precedent to City making City's first payment under the contract or any contract renewal. The selected Contractor may obtain the City tax clearance letter from the City's Commissioner of Revenue at (816) 513-1135 or (816) 513-1089 and authorize the City to obtain the Clearance letters from the Local Governments of City of Kansas City, Jackson County, Missouri; Johnson County, Kansas; and the Unified Government of Wyandotte County/Kansas City, Kansas (collectively the "Local Governments"), dated not more than ninety (90) days from the date of submission. 252 http://www.kemo.gov 27. INDEMNIFICATION The City's standard contract requires that the Contractor shall indemnify, defend and hold harmless the City and any of its agencies, officials, officers, or employees from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from any acts or omissions in connection with the contract, caused in whole or in part by Contractor, its employees, agents, or Subcontractors, or caused by others for whom Contractor is liable, including negligent acts or omissions of the City, its agencies, officials, officers, or employees. The contract requires Contractor to obtain specified limits of insurance to insure the indemnity obligation. Contractor has the opportunity to recover the cost of the required insurance in the Contract Price by including the cost of that insurance in the Proposal. 28. BUY AMERICAN AND MISSOURI PREFERENCE POLICIES • Buy American Preference. It is the policy of the City that any manufactured goods or commodities used or supplied in the performance of any City contract or any subcontract thereto shall be manufactured or produced in the United States whenever possible. When proposals offer quality, price, conformity with specifications, term of delivery and other conditions imposed in the specifications that are equal, the City shall select the proposal that uses manufactured goods or commodities that are manufactured or produced in the United States. • Buy Missouri Preference. It is the policy of the City to give preference to all commodities manufactured, produced, or grown within the State of Missouri and to all firms, corporations, or individuals doing business as Missouri firms, corporations, or individuals, when the quality is equal or better and delivered price is the same or less. It is the Proposer's responsibility to claim these preferences. 29. MISSOURI SECRETARY OF STATE BUSINESS ENTITY REGISTRATION Prior to execution of a contract with the City, the apparent successful Proposer must submit a current copy of Proposer's Certificate of Good Standing from the Missouri Secretary of State's website. htW://www.sos.mo.gav 30. CITY OF KANSAS CITY MISSOURI BUSINESS LICENSE Prior to execution of a contract with the City, the apparent successful Proposer must submit a current copy of Proposer's valid business license. Proposers may obtain this business license from the City's Revenue Division/Business License section at (816) 513-1135 or visit the City's website. http://www.kcmo.gov 253 31. PROHIBITED ACTIVITIES BY FORMER CITY EMPLOYEES AND OFFICIALS Section 2-1018 of the City's Code prohibits former elected City officials and former executive or administrative employees of the City from trying to influence a decision of the City on behalf of an employer or client for one (1) year after that former employee or official leaves the City's employ. By submitting a Proposal, Proposer affirms that Proposer and its team members and employees are in compliance with the requirements of Section 2-1018. Failure to comply with the requirements of Section 2-1018 may cause the Proposal to be rejected. 32. EMPLOYEE ELIGIBILITY VERIFICATION If this contract exceeds five thousand dollars ($5,000.00), Supplier shall execute and submit an affidavit, in a form prescribed by the CITY, affirming that Supplier does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). Supplier shall attach to the affidavit documentation sufficient to establish Supplier's enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. Supplier may obtain additional information about E -Verify and enroll at https:He- verify.uscis.gov/enroll/StartPage.aspx?JS=YES. For those Suppliers enrolled in E -Verify, the first and last pages of the E -Verify Memorandum of Understanding that Supplier will obtain upon successfully enrolling in the program shall constitute sufficient documentation for purposes of complying with this section. Supplier shall submit the affidavit and attachments to the CITY prior to execution of the contract, or at any point during the term of the contract if requested by the CITY. The affidavit is found under Section 23 - Employee Eligibility Verification Affidavit. 33. COOPERATIVE PROCUREMENT WITH OTHER JURISDICTIONS Proposer must acknowledge acceptance or decline by returning the form found under Section 21 - Cooperative Procurement with Other Jurisdictions Form. 34. RENEWAL OPTION • The period of performance under the contract is for an initial term of five (5) years, with three (3) two-year renewal options. • The continuation of the incumbent Supplier in the option year(s) is a prerogative of the Buyer and is not a contractual right of the Supplier. The Buyer's decision as regards exercising the option(s) is not subject to appeal. 35. CITY OF KANSAS CITY, MISSOURI MBE/WBE/SLBE CONTRACT REQUIREMENTS Application of this Section 35. If a Proposer's Proposal is found by the City's Director of Human Relations to be non-responsive for failure to meet the requirements of this Section 35, U.S. Communities 254 may still make an award to the Supplier even if the City does not make an award to the Supplier(s). (a) City of Kansas City, Missouri MBEN"E/SLBE Requirements. The City of Kansas City, Missouri desires that Minority Business Enterprises (MBE) and Women's Business Enterprises (WBE) have a maximum opportunity to participate in the performance of this contract. Due to the unique nature of this Solicitation, the City has not set a specific goal for MBE or WBE participation in this contract. Nevertheless, Proposers are still required to make and provide documentation of its good faith efforts to utilize City certified MBEs and WBEs in the performance of this contract in accordance with the requirements specified in the attached HRD Forms and Instructions or in lieu therefore, comply with Section 35(b). Failure of a Proposer to make good faith efforts to utilize MBEs and WBEs in accordance the City's requirements will result in the Proposer being found nonresponsive and ineligible for award for a City contract unless Proposer meets the alternative requirements set forth in Section 35(b); provided however, a Proposer's failure to comply with this Section 35 will not make a Proposer ineligible for a contract award from U.S. Communities. Unless a Proposer elects to proceed under Section 35(b), Proposers must complete HRD Form 13 Affidavit oflntended Utilization (found under Section 20) and return it with their Proposal. Please complete HRD Form 13 - Affidavit of Intended Utilization and attach it to this RFP response where indicated. (b) Alternative Method to Meet City's MBE/WBE/SLBE Program Requirements. In lieu of a Supplier complying with the City's MBE/WBE Program requirements set forth in Section 35(a), Supplier(s) may assist City Certified Minority Business Enterprises (MBEs), City Certified Woman Business Enterprises (WBEs) and City Certified Small Local Business Enterprises (SLBEs) grow, develop, and prosper in the public sector. To meet this objective, the City's Director of Human Relations requests that the Supplier(s) awarded the national U.S. Communities Contract provide the same U.S. Communities national discounted pricing received by the City to City Certified MBEs, WBEs and SLBEs when City Certified MBEs, WBEs, and SLBEs bid or submit a proposal on City of Kansas City, Missouri Construction or Maintenance Solicitations and other public sector Construction and Maintenance Solicitations. This will allow City Certified MBEs, WBEs, and SLBEs, to incorporate the same National Discounted U.S. Communities pricing received by the City in their bids and proposals to the City and other public entities and save the taxpayers money. Failure to meet the requirements imposed by this Section 35(b) shall not make a submitted Proposal non-responsive if the Supplier meets the requirements of Section 35(a). Participating Public Agencies with equivalent MBE/WBE/SLBE Programs to the City of Kansas City, Missouri may utilize this Section 35 if the Supplier(s) and the Participating Public Agency agree to incorporate it in their Local Agreement. The City of Kansas City, Missouri has a list of City Certified MBEs/WBEs/SLBEs at http://kcmo.org/CKCMO/Depts/Ci... (click on the "DMWBE Directory Search"). Please contact the City's Human Relations Department at 816-513-1836 for assistance on any aspect of the MBE/WBE/SLBE program. 255 Participating Public Agencies with equivalent MBE/WBE/SLBE Programs to the City of Kansas City, Missouri may utilize this Section 35 if the Supplier(s) and the Participating Public Agency agree to incorporate it in their Local Agreement. 36. WAIVER OF MBE/WBE REQUIREMENTS The City Council, in its sole discretion, may waive any and all MBE/WBE requirements imposed by this solicitation and any Proposal Documents or the MBE/WBE Ordinance, and award the contract to the best Proposer if the City Council determines a waiver is in the best interests of the City. 1. Illl:lllf.aee you read and do YOU adllArosalllledge talllme allilwve luu:stui'siu:°H(.:iiuiis aind Colii:ditmoias�? IIII Illlease Male ain�y. (lau.�`m� Hoilic:�s 11111-mi� coilse niis „youiii iso:tve m egaiur:lihiisg this mm�rl°:':mminaiioriii uiuu: the y;oll1:ursmeuis�ts ��ee iii.olii: Provided [Jeloes. Priority: 3. Response Type: Choose from a List. True/False. Comment? yes Seollpe ol'Worlk Point Value: 20 1. General definition of Products and services Proposers are to propose the broadest possible selection of Electrical, Lighting, Data Communications, and Security Products and Related Products, Services and Solutions they offer. The intent of this solicitation is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs. Therefore, the Proposers should have demonstrated experience in providing the Products and Services as defined in this RFP, including but not limited to: a) Electrical Products: A complete and comprehensive offering of electrical supplies such as conduit, wire, electrical boxes, electrical fittings, electrical fasteners and hardware, surge and power protection, enclosures, fuses, power distribution equipment, control devices and all other related electrical materials offered by Proposer. b) Lighting Products: A complete and comprehensive offering of lighting products such as lamps, ballasts, fixtures, controls, LEDs, athletic field lighting, highway lighting and all other related lighting products offered by Proposer. c) Data Communications, Networking and Wireless Products: A complete and comprehensive offering of data communication, networking and wireless supplies such as modems, routers, network modules, network switches, PoE, repeaters, media converters, copper/fiber cabling, connectivity and termination products, power backup and power protection products, racks, cabinets and enclosures, raceway and wire -way and all other related data communications, networking and wireless products offered by Proposer. d) Security Products: A complete and comprehensive offering of security products such as access control products, security and CCTV cameras, sound systems, strobe and warning lights, monitoring, entrance protection, security sensors and contacts and all other related security products offered by Proposer. e) Related Products and Services: Any related products as well as services such as assessment, repair, renovation, installation, testing, inventory, training and other related services that may be offered by Proposer. 256 ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND TECHNOLOGY. 2. Regulatory requirements and standards 3. Shipping 4. Delivery 5. Warranty 1. Illlllllaee, yrru read and do ysmur agree to, the of Ser,�.viiices? lel"„yomu have any narrative, 1111)lease^ place, it. in (he, i rotntnenls se,eloin IIIC)r ovided below. Priority: 5. Response Type: Choose from a List. True/False. Comment? yes r Illll° l lllne iiiwe are^ any coiiaeem ns/lss ues wi IIIb this sem°lluumn, Illlelllease, lulaeea detail of fllliose li:cilimschill t lllrc Co Inuurre nts sect ii�oliim piro�vided Il['�dlciw Nir this u.luestioiii. Priority: 5. Response Type: Text. 4, Asithi rited .Representative Forma Point Value: 0 By submission of the RFP response, the Proposer certifies that: 1 It has not paid or agreed to pay any fee or commission, or any other thing of value contingent upon the award of this contract, to any City of Kansas City, Missouri employee or official or to any current consultant to the City of Kansas City, Missouri; 2 It has not paid or agreed to pay any fee or commission or any other thing of value contingent upon the award of this contract, to any broker or agent or any other person; 3 The prices contained in this Proposal have been arrived at independently and without collusion, consultation, communication or agreement intended to restrict competition; 4 It has the full authority of the Offeror to execute the Proposal and to execute any resulting contract awarded as the result of, or on the basis of, the Proposal; 5 Proposer will not withdraw the Proposal for ninety (90) days. l cell 1uirfy that I Illluuuss^ bot]llu the legal f mutllllor~h; Iii-ouius my Dluuuusiness/yirrn, auiad i°]Illue night feu a^:rmteir into l.11llnls coiiid ii-acl:ar'rllll agre^.e niernt Willi tllllre (JI of Kansas i.;lly, mlssotiii-r, and llllwve mre°ped, ti ndeii-st:ood, and Illlm111uu-11ias�y fmrll:y :reu.qlly`l: a llll l e to riiiis, coinditussrns�, s^Illlue c lu.°allom�ns , .maid lumrmerrrg irnfortrr.a loin coinlahne�d N it:lllhiiuun this dociImmir eiiirl as well uss any and alllll silbsewquciimi: ]Ilmge s, addenda, and iii,olune°s�,,. Priority: 5. Response Type: Choose from a List. True/False. Comment? yes w d.uuthoiirized lyepii m serntumlrse n nre ir.nd title Priority: 5. Response Type: Text. 3. rrlh�nii-ized lnhmmurr.e rnruuunl[wr aind eniaflladdir(iNs Priority: 5. Response Type: Text. 257 4111[ a�iioinni's oouaiinc aormd isl[mysiiocall addiress Priority: 5. Response Type: Text. 5 la",umuiall address for Illl�Iuuu ehuuse Order Priority: 5. Response Type: Text. Standard a d C`iis Cutsliimtls.i: Point Value: 0 Please review the attached file for the City's Standard Contract for Products and Services. 1. %AIlllll yui,� Iii lmc alflllo to couooiulllsllll„y willlllu tll e ll-aiadard Illy Conti act? Priority: 5. Response Type: Choose from a List. True/False. Comment? yes s. ]IIEIease state any uluuesloioillms or coiiulceirils youu have a eg""uuu°thong flll�io lttaiii�oudu ird City "u`uumlract. Priority: 5. Response Type: Text. 6 Business/Firiiirn Profile ttiiini(]l Leizal Stiiii-11 i:u1re Point Value: 0 Please prepare responses for each of the following in the space provided: 1. ]Ill.�egi llll Naiivic,address, IIII'hu iiie, f2uo, su uiuuaii°iillll, IIIDcdcin llll IIII lt#, andwdbsito addiress� Priority: 3. Response Type: Text. w IIIBirief hislTiry, of h uouiness4finin mo114u1lluudluuig duals Me huushii�uu.ss/firms wits estal),listi�ed under the current u1usuco1usu",. Priority: 3. Response Type: Text. 3. lAsl. alllll sei wuces Illl)roal:ded by flllluo buusuuuuuu7,ss/i"iirill.. Priority: 3. Response Type: Text. �4. 'lNuunulluer of t4ii,tuwi ciivplou'y es iiincluudbigy nuusuher of totaalll a iinulllu gyle ^:s in Kaiiu�sas Gly, yluo.�u��4iiiuui-iio uuuuuu;.l rmuaousuher of ernployces fn G'ircatcr Kaii:isas (,'miy Aii-ea. Priority: 3. Response Type: Text. 5, Type ofowiimu^�rslllmuulll), oir legal struuotoare uu�l"lm ui:�unuimu^as�lmiu�oi ��m�� Priority: 3. Response Type: Text. 6 1tas I Ulluuuismuiuu;^ss/flr a s^seer thiilod to woflllu i"oir WiiIdk a uoiniau-ad was uIssued? fyes, exlllyla iii ouui of ui,s uuoiuoms usuuces,„ Priority: 3. Response Type: Choose from a List. True/False. Comment? yes f. Aire I Illware auuy u,uixuil or crindnal iicdo�ns Illlu�eindihhiv against th41� llbuusmuuess/lirni oii- airy ]Ikey Illwiirsonnel uru;laNd uus uuuiuy uway to couimlm a ti isg? IIIH'' yes exllulllafin lulu du7iallll. ym^t,, flitilre ainy curreint u�suum~u s(fll:ved disl)iiies/allu g-,il-iouius"l" Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 258 11 ]Illiiu ovide, mm Ilhm°lef IlllIisto ry of tlll4e IIUsi11111e ss/n1°iu111,1' s coiii'ltractw llllIll Htigalla�iui, arlllriitra i oiirm, aii,i i uun.edhai.hiiie clmses Imam- I:Illke last five (5) ye.a ^s Lllllmat are and ^riiialll aiu:md r( Ills^:vauufl, W I.IllNis colli iirikel, Priority: 3. Response Type: Text. 9IIII111[as I llllmm! [Itill Si iu::,,ss/ i 1111-11111 evell, I1.memmuim disqualllllifi d fli-: ixi woirllkluuig 17or IIIhe i'. ty or airy, olalheir IIIF)Q lllll:icl cri illy? ffyes, explain lallic circumstances. Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 7 P'pc.riencc Point Value: 10 For questions 1-5 below, describe the five (5) most relevant or comparable contracts completed by your business/firm during the past five (5) years. Please include for all scopes of work for this RFP, to include electrical, lighting, data communications, and security products and related products, services and solutions. For each listed contract, provide a narrative that includes: 1 the assigned project personnel 2 scope of services provided 3 dollar amount of the contract 4 contractual performance standards versus your actual performance 5 the contracting entity's contact person, e-mail address, cell phone number, and telephone number 6 summary of how your business/firm delivered services 7 pricing and contractual compensation terms 1. Relevaiii�il coimlracl desscri� IIIsI mmn #"I. Priority: 3. Response Type: Text. g. ]IlfIehwrssml coini:racl dcscru°ollllAhii�n #2 Priority: 3. Response Type: Text. 3. 111[3 cvant cormlrael descriiolll�' ioiium #3 Priority: 3. Response Type: Text. 3 111�clm vaiiiml contiu act dms��m.ui uullllmllm�muum l�l��1� Priority: 3. Response Type: Text. 5 ]II[3.cle vaiui.ml conl:racl desciii illlfllciuis #5 Priority: 3. Response Type: Text. tTalon / "til 11rcipcissl Point Value: 25 • Each proposer must submit sample pricing in Appendix A-1 (Electrical and Lighting) and/or Appendix A-2 (Data Communications and Security). This pricing is for evaluation purposes only and should be based on the proposer's discounts off catalog price list provided in 259 Appendix B-1 and Appendix B-2 (see below). Proposer should not take into consideration any pricing incentives or rebates it is offering when providing the pricing for Appendix A. For any products where prices fluctuate frequently, proposers should provide the price as it existed on September 6th, 2017. Note: Sample pricing provided in Appendix A is not to be construed as the proposer's complete offer nor is it a core list. It is for evaluation purposes only. Proposer's entire catalog should be included in the offering to the City and Participating Public Agencies. Download Appendix A-1 here and Appendix A-2 here. • Each proposer should provide a fixed percentage (%) discount off PROPOSER'S CATALOG PRICE LIST, or other objectively verifiable criteria, byproduct category shown in Appendix B-1 (Electrical and Lighting) and/or Appendix B-2 (Data Communications and Security). For any products where prices fluctuate frequently, proposers should provide pricing based on a verifiable index. Download Appendix B-1 here and Appendix B-2 here. • Appendix C includes the opportunity for pricing incentives (discounts or rebates) the proposer may choose to offer. Additionally, the proposed "mark-up over cost" for services offered under this contract should be indicated here. • Each proposer should provide the pricing for all services and solutions using a mark-up percentage over cost in Appendix C. Cost shall be substantiated by an actual invoice indicating the amount paid for services or solutions. Proposer may propose alternative methodologies for pricing services if it feels it is in the best interest of Participating Public Agencies. • Each proposer should detail any additional pricing incentives in Appendix C that may be available to Participating Public Agencies, such as for large volume purchases, prompt payment discounts, or rebates. Download Appendix C here. • Prices/discounts shall be F.O.B. destination. • It is the Proposer's responsibility to provide the City and Participating Public Agencies with up-to-date price lists for the duration of the contract. • Copies of the relevant catalog price lists, or other objectively verifiable criteria, must be included in the Cost Proposal. Proposer should indicate the frequency with which price lists update. The frequency should not exceed once per year. Renewal Pricing: The City realizes that the initial term pricing may differ depending on the mechanism used by the Proposer for renewal pricing. The City is interested in obtaining the best price in the initial term of the contract as well as the best price for any renewal years. In proposing renewal pricing, you may propose no increase, a decrease, a constant percentage increase, the consumer price index or an appropriate producer price index. You may offer several alternatives. Although the City will not be required or obligated to exercise all renewal options, assume the City will exercise all renewal options for offering renewal pricing. 1 A:llach Allllspeiicidix I A 2 as hidiclated above Priority: 5. Response Type: File Attachment. Comment? yes . Attach Alllppeiucidix AI aiad/or AI.:IIIwiiadlx 13-2 :S iiiindk.ated abovel, Priority: 5. Response Type: File Attachment. Comment? yes .h. Attach Allllspeiisdix as uuuu:dlcaled above. Priority: 5. Response Type: File Attachment. Comment? yes 260 4 111f. iclude aiiiy addiitiios4lll heiiu c u ehated to, Illl)iur°ii�ciing, rddates or disc°.ouvints�. IIIIIkis cou�flld iiin011lude calalog IIIC)rice lists oir any otlllscir cud~iiiie ria orcin l.c auiht to flic Ilhum me iiiig isui�uu'lllsuu��u�alll.. Priority: 5. Response Type: File Attachment. Comment? yes U.S. couusstssttniti s supplier Qhtali cialwions Point Value: 0 Commitments U.S. Communities views the relationship with an awarded Supplier as an opportunity to provide maximum benefit to both the Participating Public Agencies and to the Supplier. The successful foundation of the partnership requires commitments from both U.S. Communities and the Supplier. U.S. Communities requires the Supplier to make the four commitments set forth below (Corporate, Pricing, Economy, Sales) to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies: (a) Corporate Commitment. (i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier's primary contractual offering of Products and Services to Public Agencies. All of Supplier's direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier's primary offering and not just one of Supplier's contract options. (ii) Supplier's sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement. (iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement. (v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier's senior executive management. (vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier's Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring timely follow-up by Supplier's staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier -based internet web page dedicated to Supplier's U.S. Communities program and linked to U.S. Communities' website and shall implement and support such web page. (vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority. (viii) Where Supplier has an existing contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state's request. Regardless of whether the state 261 decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state. (b) Pricing Commitment. (i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier's pricing shall be evaluated on either an overall project basis or the Public Agency's actual usage for more frequently purchased Products and Services. (ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency's unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency's purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier's obligation to match the pricing under Supplier's contracts offering lower prices. (A) Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state. (B) Supplier holds a regional cooperative contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members. (C) Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency. (iii) Deviating Bung Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier's pricing under the Master Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies. (iv) Supplier's Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation: 262 (A) Supplier may opt not to respond to the procurement solicitation. Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses. (B) Supplier may respond with the pricing, terms and conditions of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. (C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would not be required to extend the lower price to other Public Agencies. (D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the Master Agreement. (E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration. (c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations. (d) Sales Commitment. Supplier shall market the Master Agreement through Supplier's sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier's primary offering to Public Agencies. Supplier's sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other contracts to Public Agencies. (i) Supplier Sales. Supplier shall be responsible for proactive sales of Supplier's Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product catalogs, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier's sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non -transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier's name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. 263 Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier's best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract. (ii) Branding and Logo Compliance. Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval. (iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel. (iv) Participating Public Amy Access. Supplier shall establish the following communication links to facilitate customer access and communication: (A) A dedicated U.S. Communities internet web -based homepage that is accessible from Supplier's homepage or main menu navigation containing: (1) U.S. Communities standard logo with Founding Co -Sponsors logos; (2) Copy of original procurement solicitation; (3) Copy of Master Agreement including any amendments; (4) Summary of Products and Services pricing; (5) Electronic link to U.S. Communities' online registration page; and (6) Other promotional material as requested by U.S. Communities. (B) A dedicated toll-free national hotline for inquiries regarding U.S. Communities. (C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com. (v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities' online registration process prior to processing the Public Agency's first sales order. (vi) Supplier's Performance Review. Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier's performance of the covenants set forth in this Agreement. (vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party. 264 I Il lll[i've ymmu read omurmol dojo You agree to I 4 l:J.°S. Cloillrnurnnmmll. es S'nlllholsller Quaiiffic iioiu s? If vou [lave a1111,11a Mali~alp ve" lfll.ease place it lium flee C'(11111anneuimts se�e�fioDuui pirovided [ocio� ,, Priority: 5. Response Type: Choose from a List. True/False. Comment? yes I Alli US, Cos m m. iiin o f es Administration A r e m e iiii,i i& .M I" '.A I tt>7fo r m a i:� of iiiiii Point Value: 0 The Administrative Agreement outlines the Supplier's general duties and responsibilities in implementing the U.S. Communities contract. The Supplier is required to execute the U.S. Communities Administration A,-reement unaltered (attached here) and submit without exception or alteration. Failure to do so will result in disqualification. Additionally, each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) (attached here) outlining the terms and conditions that allow access to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. 1. 11ave y000ui m cid auiool do you agree to, llllre T.J.S. y`o,o�mnuiammurmili.mo^s .A.aluuuiituumi i atiiiioiiii Ag m ciiiinciiuii? Il'you osur orrati l l unls seeflii0000 Provided ll[Mow'', le��aoo", pmuuoy, mr � eo^, sle^oss, sla.o�o ml mmrm llmo l.�ommommoo��,mr Priority: 5. Response Type: Choose from a List. True/False. Comment? yes y. Asa ii—ciiim°mmuuooleir, 11ic Somllllollllmllller is re(pii.dired to s^keerste, llllic 11.S. t�-;000rmo-nunifios A(loiiuuioo�iolsluu°a iliiii(�n Agirceuismeni ciiinallere:d a tfit lllicslll ab�o: ve) auomd sofltturniiia uN Illlicaero° Wflkoiid exception oir amllem aflo�sm. IIID"omuilll:mauuu��t'+;� to, dio so wii°iilllll ui csuau.11 in dlsquali llcalmo�mrmm III[Ilm^ase, ;olim�momllllo llllkc scapi iced AdnAnistirma moos S.11ui eo7.uisms°auml los.11l.o.m�srr. Priority: 5. Response Type: File Attachment. Comment? yes ,t. IIIDow yoLil aoolllsno lo.olSc lllllmal yom�o Illlmalre uu ooa.ol 111te 1) S Consmnmmuumll�ies IAllaslo.uu lmnte giovermmnmenIaI Coomlll)eraflve IllNrum°chasluurll" Agircl-eurnent (t'lll i ,k)? ll'lommui have an„y uuoarrath,�e,111C)lease place h in llso^ Coomnrooneini:s so omliiiioms piroulded ls�elmow�� Priority: 5. Response Type: Choose from a List. True/False. Comment? yes 11. U.S'. C000srooTssouuoofies Soopplieu- curmlksheet for w1111atki�iui�osol Pros„ „rauu°uiro CoonsiuMo�.ssloo:o�iu�l Point Value: 15 Suppliers are required to meet specific qualifications. Please respond to each qualification statement below. The Supplier Worksheet for National Program Consideration. docx is also attached for your reference. I. Wlitl Illlsoi"li:muumy for atl 1111'mrod nel:s/Serr, ices mmll"ell-ed UL�e ille 11111so.osl co iallpeiilui.oliirve pm ichog ool"l°m m o d loy so.oimair ouirgmauumu°us:a'tioin lo 111ouullsllllc, Also^,limo°R"s nallionallIVI ? Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 2.tom� yo�o^ oom�m osy oasmloo, osuullr to l°msmosservice loosly ll1arlicipatolrig II11m01olo Agencies in lso co�oumt:mg,,m�o1moLIS �13 Males a�mrmd lllllmealomllllu°uty to, dehNer service in Alaska and llawaii? l ll" m�moo„ ldemmi y IN,, s ale!iq Iieiu e yoa do noo�t base floe m blii.lmly too ]III'oroovide seirvice lom E-Iam fioci salmormd IE smUm uuom Agencies uun Ilk Com:mrmnmm°lilt ts, sm°diooaom iwoovided) Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 265 MDnes ymw coii,npaii'iy have a iiiational AN fnrce, dealer netwoAk or (UmrHmHnr wilh the ahURy to c�ikfl� oiii �Iarfici��)atfiiig �Iublfi,, Agencles in at least 35 UN MY (IMN idendf the Mates where you have the Why to caff maim Ill'Aurticiipathq POW Agendifs in the Owmme= smfon pnwWe&,) Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 4, Check whic1i a�l)pfies 1"ciii- your coluiii,illlliaiiiiiiiy sales htst year� in the United States�� Priority: 0. Response Type: Choose from a List. Sales ranges. Comment? yes 5. Does your compaRy have existing cupudly to 1)roiivide efectrcink and emamnove onkring and bUllng'? Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 6q NVHI your company Myna dedeMed SeWor Managommin! llllevel Accolkiiiiii Mlainagcir to stql)poirf, talk remOtIng IM Communilles pnMrwn cm=d? Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 7.]Ill nes your company inHintain records n your ovend! Pairticipating Pubilic. Ag,,eiackssafes that you can and M dwre Wh 1A. Owaiinunifics to 11111olilhor pirogiraiiiii piroigiress? Priority: 3. Response Type: Choose from a List. True/False. Comment'? yes WHI your company coni In the Forogrinin hupMeMaHon schedkide ivirovidii,xi fia Seefloia 13: New Checklist? Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 9. Will I he U.S. Coiniiinuillitiesl)1111ogii�a.iiin contii�act ke your leadpublk offeiring hi PailikipatIng PuWk� Agencks? Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 11 SuhmUkd by (Naiuv) Priority: 3. Response Type: Text. I L SuhmUkd by CUM) Priority: 3. Response Type: Text. 12. [1lcase lerovtdc any narrative Or the Chunmenis secHwa l:erovided llhe6lloss, ff11WCCSSarY- Priority: 3. Response Type: Text. 12 LK. Wuniunides New Stqlil�iifier I nip lenie.iii fittio n Checklisil Point Value: 0 KUT.- 267 t. IFiirst m mnferenice Call aneWeek lumutu ah Kick ck Off Cal h to dus,c uss e xpe cta'tu ons Sept Cor -tract Launch Date & O Bup Hne Kick, Off Nan Establish oumotoal contact peophe & roo es/respons.HDHities SBupph er Log-IIn C�redeumtoahs estabh shed Sept Agency "Ne binar motes 7. Exectkedl Legal Docuimmme nits One Week U. S. Co mrnuumutu els Admi um ' gre eme nt Lead IPul3ho cAgene,,l' agree me nt sig ped 3. Pmgram ammm mntac "juiiire me ants One Week Suppp ier contacts com, munocated to U.S. CoummmBunitoes Staff diCate d e m'aoh D�edicatedtoH frau umBuHr . Second Cbnife me nce Cal III Twm Wee ks Esta bh o s h Sa h ens, Tr�a u n o n,g, "Ne ba na r D ate s, Coo m p, este Supph er Set up Foram Cornmphete Us.er.AccoB�p a nta d��d s. epr D IFp o m�m�rn. pII pU�; „p''�. IIdentiY�Date s orSe�nior�µ9�YNaYIpagemie�YIlt1Meetia,g, Rev ueo. CBormtrartCamr7utmeuitsa 5. Marketing Kick Offiatl I Tvm Wee ks iervu o.v of klarketu ng R.e quureagents Esta lel us h Ti rne h u um e f or Nla rk etu n Deh iv e ra b h els Set 'Ne e kh PJarketu n Calh Dus.c ussAgenC,r IvVebinar Shides Set Tim,etraumnmefor Dehiver abhes. I. lmnliit iilalll NAM& Staff Trani moon ng eet iii mmgs Thiree Weeks Discuss expectations, roles & responsubulutues I umtro d uce a no rev'o e w we b- ba s d t oo he Rey ie'o.v process & expectations of Lead If eferral contact oith NANI identified LRC . Seriar Maniagemenit Meeting g IF mnlr' P"ee ks lm,pg e m,eumta'tion (Process PrQgress. (Report U.S. Communities )/endor'Org.aumoza'toeoum.al've rvie'�,v SBupphoear rvilanagerta revie'w& fBurdenear dos,c uss commitments & ReViewTGpldint,Target,,Oppo.rt,,uiniities Five Wee ks Top 10 toc.ah Contracts Rev ie'�.vtop U.S. Com, mrn,unities PPA's 9. Web Deve IGpime int Initoate E-Cornmerce C o nve rsatooum u wo,Wee ks Product upheoa tec U.S. Communities site Fere W eek's 267 1. yVi H y"uu be able to couuumislllhy wltlh the 10. Urnm:m.mnuuuiiodes New Snllllulalk r Mm:mlelm°,uonm^anhdon l::.lum°.e= all.)ove? IllMlllease slate any gumestaiuons or emoneN~un ym:mm:u have regarding i.11lke US, Cmmuimlmmuuu�m:uuuumimmms New Suulllylslllller lminllllele^me.nlemla un l.allhme:e lsllst in ll iie S;°mmuiaa�nwnts Won ]Illi° wMed bdnw�� Priority: 5. Response Type: Choose from a List. True/False. Comment? yes 13 U.S. Corimminifies Supplier Inforinvalion Point Value: 20 Please respond to the following requests for information about your company. Click here to see an example for Question #2 1. Nalhunal t °ouomm.msmoinients Please provide a serif :en narrative oryou:ui.mr uuuuirudeaurM andhag and aa°e°:eMana°e or tlllhae: Smiiillllulelll.iuer lea:oi.mioMail oohs C;mmosmuedhne.ui is hn Shcblame d. Priority: 3. Response Type: Text. i'";mmuiamlrany lIrovlull^ Ihe tola.l mmnuirui�m.11lk eiiir amiuul Illlmmmafii�wm uwl`sallllm^s lrersoiuius eiiriilllllllloyed Ibyyiniiuur° coriulrany in lllllac 1 inile;d States. l'lllm.au�um, uplmund a Me ( m'irl 1Sae;m,llk Plgla) wiitlllh your cumpmany's suulll(n; 1'mm�mrce leurmm�nle lu'e°allow dee exan11pe pmrmu uiml d In Ge alladmnm uirmi alllsmsoe Priority: 3. Response Type: File Attachment. Comment? yes 3 Cmmuiuuluaia Please ]provide a narmmt.0 ve n r Illumma l.lWe, sales Illl)e�m:uipki� wmmiuld hale imse d to unmuurlll[ici, tllllmc emuonrhmcl; to e°.Illlgible agencies a.ermns the cu u�nhy Please m14cruibe what: youim h��mtve lila place°, today and your luiulum.0 lelmunq ml YOU were awarded the^, eouuatmraeml�.��„ Priority: 0. Response Type: Text. 4. S.° nmisany ll irovide flllue coaunllllmaiucuy auianuaallll salllks 1br 201.4, ylllh and .2,i1l116 in the, IIIIJnIIeml Slides Sales m"mulpouluing shoulml be sm* nent'ed into the Wowing cal.m,gom°mmw! Segment Cities Counties K-12 (Public / Private) Higher Education (Public / Private) States Other Public Sector and Non -profits Federal Private Sector Total Supplier Sales 2014 Sales 2015 Sales 2016 Sales 268 5. t":;mmoismpainy llhir the Illtwmallllnosed Illi ruduet:as and services included in the semmlpe "f your ra^stsmmiom°a , In�rovide aiunounmmal sallllm^s Mr 2014, 2015 and 2016 in the lloimbeil dt:aie.s. gales uire1Cm�oirtruing stmmmmuillllmt be segiuniennled uuuimto the f4 llllll.mmvmmmg categsu�riesm Segment 2014 Sales 2015 Sales 2016 Sales Cities Counties K-12 (Public / Private) Higher Education (Public / Private) States Other Public Sector and Non -profits Federal Private Sector Total Supplier Sales 6, t:°euinpany lhvvMe a Mt of your ceuismtkany's teaucn largest, Illlmu'lui.blll.im genu cy snui.s'iimmuiners, humtmllllmmurlllmuung nm m�m� iuimi m a° t uu uinl°'o ui� uisrm sm lrmn mi m Priority: 0. Response Type: Text. TAlyiMbudon - 1111yescrillhe Illlnow your n,TManuunmrma ny Illlmrmsposn.s WHOM= lJbe Muam'Wuds and Services nnadonwide. Priority: 0. Response Type: Text. S. 111[y stm~rlllm�az ioin ltdm°uuntiiiry, a11111111 ot1111i cr cmanm:nmtnwmin that svr11111111 he i nvidved in inuu mmn r.sQ, 1111mammmMi ng omr slllAlsllll i ng tlllhmm^ MUM W tlllmm^ nmd umsm. Priority: 0. Response Type: Text. mule ]II fish ibutmn. n .•.:PnmvWe Cann"' mnnuuuunml@.aoq sive wnd Illlm:wMuim of"tou�r om.muumnlpany% distuul�butiio n MouillllmM, waii� ��m tmmnmiuses auumnl Guam^tnmmti:ielw mivals as al`nlllstoueablie�„ Priority: 0. Response Type: Text. ttl. ituustn~ib uutmo n Iluu-m.mv�iide, the iitnmuin:mbe�r nnm! Wealiciiimm of'sulnllllvoirt ceinteivas lout wmp111fsima.alllm�le)�� Priority: 0. Response Type: Text. 11. l ]IICuum°:n m n�r., your co nspainy'"s mllmuulllltl:y to do lmimuusiiness vvoA11 oust ui~n �m�muutmons ...� n s m m s° saucmn nm msnm;niirmnnt mm��;t;:nnm m,m°/dm��mamtm^v/m'lastm°rymnl:imnmm uu,n"'gmtuummv^am�l:iouims that are chher smn41111111 cir I /�ty'BE' hii�nsmores�^s�es as dm°i`mmwd by the dmnantl lttusmuinm ss a tmimmmiGinflstratioiirm. Priority: 0. Response Type: Text. 269 12. Diiustributhmmmm ... If applicable, describe odJher ways yo�ull, call Panay Callan he seiulisiifive bin 11 Pailkiiul111mating Public Ageiwy"N desihre to mmiiii]Iize locid auuulld/or hVd03E commulllmaiirdes umi.elh am, inu:mmmmlmu of locallll eiini1,floyees and otiim es in a urtsmmo~ geographic an, mmiuml111maudes your d~uinis umsmumg ilmai umny he lmmcul (iL,u local delivery truck com�urm111l�any), yonir coiiumm1111)aiii�my's d�irscm^4t:y of owner employees, et,� Priority: 0. Response Type: Text. 13w Uu°usiriUimmmiion 11 applicable, provide delauullls on ammy 111CmnWacts mmm- services h�s^uumig o'l`1°cuumm^d by m.mmmum- eo�mamllllmauuu„y'ss1111mem-C'tlll e uumn�ummollefuremr or service IIlirorimler iik s.mtllher a smmsa111.111 or I i/ydL111[� Illmmmsminess as defined by the Sunall l:lm:usmmmm,ss %drnhdSWWbML bmrmmside ]IltinWimm;kervice uuuumne, commm1linnc mm:atne and smaNVAA/VVBE desmgo mi:iiiim,mm'u. Priority: 0. Response Type: Text. r ms^lmo � i cm:mmry cmmuummlllm°�srny's �sa11ks and uuoamIIlketmumg ]Ilml n f6r mmm°mm�lllm��:eting the Products and �muu• ... l.lmml uumme' ,o Sewvice,s to efigib�le rmgm^mmeu°um s natiiomm ride,, Priority: 0. Response Type: Text. 15. Mnmm°lseimmm llmmmw youumr corm mm 1111'' rmny ms illlll educate Us n°rr!mt'mmmuumalsales %m e Omit the Masteir d g�m e mmmm° n t. Priority: 0. Response Type: Text. lliMnmuu•lcelfilig i' �'nllllmlaliurm ymmmmmrw coimmmlllhmmm�mmy will iu'nalii-kel and Iii-amnhii�on the 1Masivit ,dW m^ernettl ii�tHo the, ]Illmuu ioummury uffemrioumg to Illllam ii.cil.mating IIIII'll ll 11111ilmliiiic ,dgs.n mes 11111ow will your omganizalismmi�m diffeuireaumiiale i.11lme, new nmW mme;mmrwmuumi limmmmuumm e,%isimuumg cmmmmtim'ac.ts youm. uuna), Il[ ace toiiday? Priority: 0. Response Type: Text. tb. y11�alional starring Ilan l�'llllcmmme Meuumiml°y the key IIIImers"nnel who wiiHI lead and smm1113l oro t111m iimmmlmle mmm^mr t udon ]Ilrmm.uu°iiiiod o lllhme commtm,°�a.ci oumll[Ined in Section 13, UKh d;omrnlullmmmmnRim s IsiCW lwmuuRll"mllliiier III niplemurmentathm C.°hm.dslW, along wiltlm the amuumm= of iimrne to be dewited to imrmllllmlm^.mmmeammtmmt'immmm. Priority: 0. Response Type: Text. 18. 111111lational Slalfing Ilan Identify time key IIIImersmmimmi who are ho be engagai On i]Ilmis emmuuml lllllmmoumghm:la d the iteuu°mmm mmt`lllllm coMramm.t, including m,ammlllm cif llllma mroles describled IlLnmlllm,mmv. Person Time Role Description of Role Commitment Responsible o Executive Responsible for the corporate commitment. Works Sponsor with Supplier Manager. National Responsible for sales efforts and training of sales Account people across the country. Works daily with Program Manager Managers and Supplier Manager. Lead Referral Responsible for distributing leads generated through Manager the USC website. Marketing Responsible for all marketing efforts. Works with Lead USC marketing regularly. 270 IT Lead Responsible for building USC landing page for supplier. Reporting Lead Responsible for providing monthly reports to USC. 1% N mttommal tmt°ml:°ling Ilan lllltmaslde wa om gwumua°uHonalll ehaid o�ryouiurw colim�mi.m�ny by uplualng IN, Me below Priority: 0. Response Type: File Attachment. Comment? yes 0. Nuttumiumumlll SU "lullullml Plan .. Smullmuuult a. hho by uu ploasduling the lila lbelow 1br tlll:mmm 1mm,uinon ymtm:uumr° company m'smmmllll'mmmses t:mm scli ve as, lallye ISaliiiiommmmllll A.ccommuumi.^, :Sl uumaml;m,eiii-m� Priority: 0. Response Type: File Attachment. Comment? yes ml. NadonW Stalling Illllluuum Su;uJlll init: a bin by ulslllbadihag the lilllle below 'flu mmamah person that i= be dedicated lid! lahne hi US. t",;mu n mmunkh% amumuunt muummtu Woroeuul:��. Priority: 0. Response Type: File Attachment. Comment? yes d�d'. Natlonal Statl"uung Plan .. SWWnk a bin by ulslllloaduummg the gllllE Ilse low f6r key m sevu.ulve lss;r m"uuml Wrtal: moll be suilslpo ling lull e 1mrogr mrmm.�� Priority: 0. Response Type: File Attachment. Comment? yes WIh oduumts, Services and suollllmultons IIIA mvMe a deserlglptlous or the IIIIl'mauuducts, Services muuumulywailllmmtlmumrms ttmdIlam provided b l 1 gory se�l� �kwt.11ls in aimctamsmm Ill: cifthe liu�"u� i"]Illm�i^ Illlsrii-nary l tlllsr major mm�oslmuumt sats:'. ol)Je�atuuse is los each Smullllml.mlHer to provide iiit:s umoorulslu7(e product, service and soluuutiiions ol°l'eir msgs smrm tlllmat D'au°tuu�imuulllluot ms w� Illltmsisllllic dgeuummm% nny omrmlrmr a s nmuumge orproduct as °mlllslsm"o911smrlmmle for ffielmr needs,, Priority: 0. Response Type: Text. 24. ]Ilrodmuds, Services and Solmutuo mum!m . Stnut:e your iusoronal dm.lmuery llmsme (luau ch�uys) and any qlllmtknas h - ex lllscdlliiun�g deluusumry. Priority: 0. Response Type: Text. mg ]II4lmdmmut, hlmrrulm es and S6ollll d mis . State Ibacllllu.omilu r ]IICmmlicy. ]Ila you l`illllllll or ]Illullllllll omam'ler and uo a mluu�iiom� IIII'll a riti waiulllpatlmug Illltiudsllllic Agu^uuury to mruwomrdeir iHAil'm°mmm is llls��uu�lllsmu�madu m mr^ I? Priority: 0. Response Type: Text. 26, Products, Services aiud Sollllutiomrms Sla(v r�i, ustmm�6llulmug Aws and pru cedumm es 1br returning prodm:ucls. Priority: 0. Response Type: Text. 27JAumdumls, Seu,°s Nes and Solumlummaum,s . Spesats gum-anteed All mr'mte Illlmy lllimrodsmiet a almw^gmr�iuu y slllicm uolimed imus it e ot:l o uo m III Priority: 0. Response Type: Text. dd..IllE rodmudsk ltery s s and Sm'mllllmulmumnoIllly"crlbc any slrm^:cl°sill Illlmmrogu anrs tllllma t your coum:mpaiiq mmllu urs tllliat will l improve sust.mmmsmmairs" Why No access llllu^mmducls, on illiiiine dellvuy or ollllluu r iiiuuumum�vutlrm:: stm^nWgks. Priority: 0. Response Type: Text. 271 y% ]Illturmmmtrmmmty ymmm•�vices, and Sollllmrttim�ms �I)cscr=mllhc tallw capacity ofymmor oomnpnny to broaden the scope of the coot: net: aiusmt Illlsm^ep tulle1111'�cmrmm mild otfelli-uiioumys om:rmuTmmmrt and ensure Chat Latest Illlwrupm.uots, wrt:ammmkmrds and tm°mllWtmmpy for Rllllmmr°tm kaQ ]Illyt glllstt:ng Dain t.mrmimini ummicathuns�, and p�mcortt;y 11ii-otummmts ammp tts.trled t'"rod mur,ts, Services ms mrusd pmmtmrtt.ons. Priority: 0. Response Type: Text. 30. ymtuummmiurmmiustm alim'mmm IlLtmm:mucribe youir s.omampany's nornmlllorder pros ssmfimsp procedure fromn point ot` c ustiomne,r eontacf tlllmro uylllr delivery and Ulsuulllling. Priority: 0. Response Type: Text. 3L. mimmmirm>oration In what folnuats do you w mmm"1II1 l mora°atm'^,rs t' teWptsommmm,0>cnnmmum"smm, ets.j? Priority: 0. Response Type: Text. 3L .Unmtrsiiostrr don 141ea state uH' you use mu single system omr ptatfoirin for, tett ptma:res of ordeirtng, lllurm:mumm sshag, mtm°tiiovery and Win, Priority: 0. Response Type: Text. tori. ymtmmmiiunuiWirattmmuuu Stale which tomos orordei-trmg alllllli mx the use oWa puoour rmmrmt: mmom~mt amrmt Me anTpted WWIt (credit oaorm�t) Htt'mt1011101mi . Priority: 0. Response Type: Text, 14, Dcs mHfile ymmcm.r o,mmimmrmpan 's m,coniminerce collltalllmmlllmt' es. IInolllmWe tlftm'Aa Hs ai,rmmmut ynuir ummmu1rmllllmnuuumy's IiIIAMY to ors^atm^ IIIIm.mmmmlllm out sttsrs and accept oml efts^u;tranuio,nHy (KL, OCA, elc j,,, Priority: 0. Response Type: Text. W yrtmiutimmmmm Mmxmm s ddaH an sm ru^,tv yow comnpammy Ins ho pramtmmW,,lll, with a pmmlllmk agency's 111 lUl (Oracle, Ill nifir 11,a smmmm, SAP, eta) syW:eni iUt the post and uiummctmmmde smmumme mtm,ta�Hs atmmmm f the resomur°u°.mms you Illlme tem ptmuam to sit p: lln°iilrt ttmmmsic iiummtm.pmuratmmuuurs. HCst, llllry I'M.il Illy'ritii�xtrtmmm^, Callum°, t°mmttmu�sstmmp uiiumNiinnattmmmom name e of" public, mspauuucy, III RP system -ii used., "prom Illluiix�e" dat;o, net smmtmms Illlm'er calendar yeair Ance ",worm term^ % and Ill erosrmtapa or agency G% being processed Hirough this cormuuummetiiuoms�„ Priority: 0. Response Type: Text. ytt..ymtmmminiorattmmumm ltescriii]Ihsa any exuisliing iimmmulliuttu•.oale ommllllrernt'tsa pluirsllllmaJog Illlmrotturamnn�, uiouimctmmding the ammtttyN mnmrrumm;ob contact person(Q cluntact uimmt''o comma hmmm, aonlllrmeat terra t�iunmmtmmptmry contract: options) and Hnmmmuurrulll volume try yeah foir mmumdlllm l hblf.. tallsree yeamrs. Priority: 0. Response Type: Text. 37, .ymtrmm'tiuu'l0 r°mtaimon 111 es m mlll e yommmr atmmtiiitx to tem-ovi e mmmus�tmmrn i ed corm pouu is (Le. ommmcrmmcrmmmm fly tmuustmmriiiim^�s, I.mmsmm11s,llhaso lllmmstmmries tory depamrtus:usnt:, green spmmmt, o�t:r) t°tmimr esmstm Pumtsttl�s, ygs^umusy. Priority: 0. Response Type: Text. 3y.:IIIE0virommrnm n(all Provide a Illsmrmot'desmmmiyll Hon of your comparsfs oars inammmm: entast tmmmtmmst res, immdumsimuuug your comumllliany's na imninmrmmm.emmtsit ]II(solllliiumwks mmmrmt. o�ir W raiegles,, yi'.num, tnvesinients in t'meing an rwmmxturommrnentrslllllly preferable prmmmmtu ct: lleader, mmurmrt ainy m csm.mmmm cesu mtmmmtu!mm eort t:mm your r:nvhvnmumm mmtat strategy, including stm ff. Priority: 0. Response Type: Text. 272 .34). 11 iiiuivim,mmiirmuulmmr,iirmtt Mlles rmhe your r nnIm uny's process i& miefiii.maiin ,erif' Ong, m:ui�md ]ILmmJh hn i��m�m�r��smmm/^�momsta�sminal��mW Illlsuu�umui.u;iuc s and semrcmkes in your offeiiu-inion . l^ rlsllllaion IllIo%e yo��n ]Il:m.mwllllp ptiiihllllk- ag(1!umck!s navigate; to and the green products mins your mm m°,dumy illlhaurmmmmylllm ssm,Ul)smte; mltmsmrs, keyword use^aurm.11lumm,s, d1slmlhyling m m o Illi Musa, um�tc,, Priority: 0. Response Type: Text. 41 ]Ill nrhvinnma nl:al li llle muss Indicate 11° yommuau. lhm are many lllmn,Wuds fir ymu�snr offe r aumy i lllma�i: 111 have any 1 llmiii:m,A party ensimreonmmmmmaummi ml ceaurUfli maulammmms, such as: (a) C: oumssoum-l:istill urn 1"0111, IIII unomr y IIIIX iia.mlency (lamps); (1)) Cradle to Cradle adle (e.h.,y imildiny rnat rials�, consi:mu imm asmeams, madint), imm Design ihims m�ursmenl: suumyl (d) IIIh� i yllllll'yV ��s ull"Ayy o y m s sllllasnces, IIII C ��d y.omssom~immruusm �e��h��, LED . mly mimm:mly omisum � �'� a � �� ` IIII IIII lighting etlullmmnmmni') Priority: 0. Response Type: Text. , 1. 110vironnmmmnt:al Descurmlibe ym�n, mmm"mmmyainy N m mwyellny services. lkscnilme asmums Ihmmy hack or take back mmllllsammauss ol°kao ed io�mr products M on ialMs mama niraci sum°llls as IlbarlYleries, nicirm nm.yevniaimaimng emlmaip menk cN. ]Ilhtm scrilm�e yin umr cmmurmelllsammst m'°;ffori;s to reduce or reuse packaging (or avoid dil`limmms:uull bt recycle packagh'ig sncllii its Ilpolystyrene h mmmrmi and ndniimmmrmii e illlse anvirmminm entmW l`mmngp int ho the mmlllsmislping process. Priority: 0. Response Type: Text, 41,15whmin mm^nfalll llhmai percentage of ym'"mur sml°lbrhl h envirournemfLslllllly 1pmferaWe and whM are your plains to inm.11lprose: dhis oi`il!ang`.," Priority: 0. Response Type: Text. y 3 lhmmum scums°.laulll Statements Munuui: ycmur lsmis;si Illllmau.mm yim Illllm smmisim m^s^t uu m°l omit Illlmym;mgllylsmmmmliiiini, Ilia limlllle Illlmelo . Priority: 0. Response Type: File Attachment. Comment? yes 44lh1hiiaimmii:hslll ylateniem=ints Please Inclll.nmle an mmmmmlmim:ted hummmmme staiNvent and llllmsmlance shed Toni ths� urmm1oimsi necelifl rm7.l: o imumsg ]Ills'e umruum)ml. Illhmy uploading the lu"olllle(sr) Il helllm'm�ev,, Priority: 0. Response Type: File Attachment. Comment? yes 41 Adelmiodmmnalll lmrml"our°msmr„el:ion Memo ut"! this mmlmlllyvmi�°luiihmy linin de^swumrimlllhm�e aimuuy/allllllll otheum^ rintullmres�, aomtammtsmil N Hnd lmm°mmm°niss or your nnyanUataiuon ffiM ymmmum R^d "amiula ]Illmurnoh:ha ahoml>ilaiummmrmamlli srtmllllmme and ba�ma^lti, In, sinPublic Ageiiracy. y''nuu ammmy mmphamh any RW(q Illlsellllm w Ihy using illlsm'm jamiseuuvlUlk Mon. Priority: 0. Response Type: Text. 14, U.S. Csm:csm. uus:ties State Notice Addellndulis�ss Point Value: 0 Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirements of said statutes: Nationwide: http://www.usa.2ov/A2encies/Local Government/Cities.shtml Other states: State of Oregon, State of Hawaii, State of Washington 273 Click here for a list of all agencies and specific states included in the State Notice Addendum. 1 Il su m ym mui rcad aind (lip You �.,i Illurmmrs�llkdgc t:lll4c muuil"tiui-uiaat�imiuum pirovided above"? IIII1IIIIcasc slate auisy mimiuestioli�lls, 01111- colii�iiecm ins y(miium have m sg�,'irdihili�g tallsms Mill" nmai oin in tags°, Lm, niniuent:s m,m.mmfloi�iuiii, provided @je,llllovv. Priority: 5. Response Type: Choose from a List. True/False. Comment? yes 1. � US,,, Co ullti nrus iiin i i i e� FLMA Standard Te r iiii'vt and d (-;` i� n d i i>wl o situ A.d d ui d u r iius llrttiiir Point Value: 0 If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency ("FEMA") grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 ("44 CFR 13"). In addition, Contractor agrees to the following specific provisions: 1. Pursuant to 44 CFR 13.36(i)(1), City is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor's compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2. Pursuant to 44 CFR 13.36(i)(2), City may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3. Pursuant to 44 CFR 13.36(1)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor ("DOL") regulations (41 CFR Ch. 60); b. Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis -Bacon Act (40 U.S.C. 276a -276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 4. Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5. Pursuant to 44 CFR 13.36(1)(8), Contractor agrees to the following provisions regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the City and be disposed of in accordance with City policy. The City, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 274 6. Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: (1) The copyright in any work developed under a grant or contract; and (2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7. Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as City deems necessary, Contractor shall permit City, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8. Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or City makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. I Illlave you read alind 114) y4111�u�i aclll�nowllllcd;u e lalllie piirovide(ll. allli�ove"' Rlllc ase slaic airy quesliollis oir coIlia^rias yotiii have regaiur& iiui?, 'flllik iinf'o m iatioin in fl1ie Coiumineinis secl ioiiir provwd(A I� ellll(')VV, Priority: 5. Response Type: Choose from a List. True/False. Comment? yes m U.S. Cornmuinifies d°oniiuttuut�tiiiaity Devclllopniiieiiint fflodk 1"'raaiiit( d.ddein uriii Point Value: 0 Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Contractor shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis -Bacon Act. HUD -4010 Labor Provisions also applies to this contract. L Ilfa /e yo iii read a iid do ynmo aclllinos rledge. flllltc pirovided above"! IIIIIcasc state army (Iticslmolili s oui- C41111111ce °ins you Illsave m ega..R,4o iiuui�g tlllsis IoiiI"orniat oin hii lallie l"ornnienl's secliii iiiii provided 1)16IIIow Priority: 5. Response Type: Choose from a List. True/False. Comment? yes 1.7 US,, Counmuinities n � �, �Requirements � � t��uu�t dt�tt�1��t�ti.�°t^� i_u Point Value: 0 By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter Il, PART 200 -UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 275 I II ave you read aii,id do you ac°knoscrlllledu„te flllk pirovide�d almoce? Illl"llllc^.ase state aurmy mluuesfiolillus coil~ cmmimucm rias you Illsavc regaiurduiiiig llds luisl`orillinatiiolilie tuum fllec° Coiu1uiva1ellsts Seclioiiiu provided lmc;Illloss' Priority: 5. Response Type: Choose from a List. True/False. Comment? yes 8 R eferences Point Value: 10 Proposers are required to provide three (3) client references, including contact information, for similar projects that the Proposer has completed within the past five (5) years. It is preferred that at least one (1) client references be a government sector client. Instructions: 1 Download the attached References form 2 Distribute to designated references 3 Collect the responses 4 Attach the completed forms below 1 AttacIlli l:lllke ccmimm'mllllde.led ui c l°er eucmmc form here tuiroiin 1le.l6reiuicce 9L Priority: 3. Response Type: File Attachment. Comment? yes d Altacllle fluke mwmms�nllllsletcd rctm^rc;mmce form lscri�i,� luirmmiuiius llmfeii-mmmme i 2. Priority: 3. Response Type: File Attachment. Comment? yes t. dl.laclllm the sMcmmllllsleled reference form here from ltc.l°erence 93. Priority: 3. Response Type: File Attachment. Comment? yes 19 Susfitinabilftly, Point Value: 0 The City has adopted an overall policy supporting a greater use of "green solutions" or enhanced sustainability measures that consider environmental quality, social equity and economic vitality. In order to minimize waste, enhance efficiencies, and achieve multiple benefits and project synergies, all City projects inust identify opportunities for sustainability improvements and implement those improvements when financially reasonable and operationally practical. Incorporate sustainability and efficiency into the planning, design, construction, operation and maintenance of the project. Highlight each component of the project that you feel deserves consideration in this context, and demonstrate how sustainability and efficiency are integrated into the project. If it is not possible to comprehensively integrate significant sustainability measures, then highlight elements you feel deserve consideration in this context. 1. ]Itnc.11lswd.e: a c oincise smunin ary of your eion,�i.111) euumy's s1,111rel:eotic s, ,sulcal ac.lions, tlllNal deimr oiiistiural:e �your phttosollllchy amidcoiiiisuiuiusuui.iumiueuuul, lo smuislatiuclalltclloul�y. Priority: 3. Response Type: Text. 276 yIll Ocscuir>lllllw Ilho", yourIII IIrmmllllmmm's4a w lll.11 address lulls csfimllllmiNlll�ied City pollslss uir~sfsreirmccd maim ialllsiis IIIIIu�]III� sIIICs�m�wffic to 1he l.mm""m.mjecl or sm^m nice oin s lllsich irm. tii aiure Illsrmmposiuiig. Priority: 3. Response Type: Text. 2 Alli Oty of 111.aiii,tsas Cit If IRD Fornis and Inslull�vui�ctici�auns Point Value: 0 City of Kansas City, Missouri MBE/WBE/SLBE Contract Requirements (a) City of Kansas City, Missouri MBE/WBE/SLBE Requirements. The City of Kansas City, Missouri desires that Minority Business Enterprises (MBE) and Women's Business Enterprises (WBE) have a maximum opportunity to participate in the performance of this contract. Due to the unique nature of this Solicitation, the City has not set a specific goal for MBE or WBE participation in this contract. Nevertheless, Proposers are still required to make and provide documentation of its good faith efforts to utilize City certified MBEs and WBEs in the performance of this contract in accordance with the requirements specified in the HRD Forms and Instructions or in lieu therefore, comply with (b) below. (b) Alternative Method to Meet City's MBE/WBE/SLBE Program Requirements. In lieu of a Supplier complying with the City's MBE/WBE Program requirements set forth in (a) above, Supplier(s) may assist City Certified Minority Business Enterprises (MBEs), City Certified Woman Business Enterprises (WBEs) and City Certified Small Local Business Enterprises (SLBEs) grow, develop, and prosper in the public sector. To meet this objective, the City's Director of Human Relations requests that the Supplier(s) awarded the national U.S. Communities Contract provide the same U.S. Communities national discounted pricing received by the City to City Certified MBEs, WBEs and SLBEs when City Certified MBEs, WBEs, and SLBEs bid or submit a proposal on City of Kansas City, Missouri Construction or Maintenance Solicitations and other public sector Construction and Maintenance Solicitations. Please see the Instructions and Conditions (Section 2) for more information regarding the City's MBE/WBE/SLBE Requirements. Required forms (if applicable) are linked below. Click on the form name to download it. Complete and upload each form in the appropriate question below. • HRD 06: RFQ/P Instructions • HRD 08: Contractor Utilization Plan and Request for Waiver (00450) • HRD 10: Timetable for Utilization (00460 HRD 10) • HRD 11: Request for Modification or Substitution (00470) • HRD 13: Affidavit of Intended Utilization • 004501.01: Letter of Intent to Subcontract • 01290.14: Contractor Affidavit for Final Payment • 01290.15: Subcontractor Affidavit for Final Payment 277 I ]Illllkmse att.adIIk (nsiill,igtlw "Ilia llllwi1rclilc" icoil�l) the ciri�uintcllkr�ted toinir�n IIIIIIIII[:D IIII^gllauresm tltl lo11stractoIII, t.l tlicatioin. Illl1`hiIn aiiW IlllZe.que.st: for 'aiiii cNi- ('0�0450), illi` ifIiti.aiuu�g, "ollll.Wt.ion a",, I I"'llllkr'asie st:alle auirsy %iiestloiiris Or ("0111u1111CC1,°1usS YOu ]Ilkave regarding this Wroiii.iii�niai.uoin iiuii illl4e t.:,�fuinuiarenI's section 111riui� %/ided bdlllow,,�� Priority: 3. Response Type: Text. glE`Iease altacl�ui, (tudisg tallie "pialllliusricllpi" k1t)iii�ui) the eoiiis ple�ted tbiunn. IIII III IIk]Illt IIII,'ni nisi 1.3 Affidavit col, luictciiiidad l,l1mllloivatiiio11k, liia"till tmlll lzvli111rNg "qlllOios�u a",, IIIIIlease s(ate ainv, questmoiins or c.o�iusceriuss voiia lllsavc uregai (luiui�sli'tllllfms bull rinatlouui iii:iuca tlllse Coiiin ncciats sciefliciiin provided IIbelo�cv�� Priority: 3. Response Type: Text. l ]IIE111ease indlicale tcer(l�if ufflizin; "Cli�ption h". Illl1case Slaki. any questions cuii, concer�nis oti have uregarding this iin�fornsafloiiiri iiuri the tsrovid4iid IIbelo. Priority: 3. Response Type: Choose from a List. True/False. Comment? yes IIIH III l)111w01posiiiucg "qlll)fl iii b", please describe ]Ilkow tllllsis r quii s iiTu�^rnt ss lll.l II[)e met. Priority: 3. Response Type: Text. 1 ttttl-it�rall ��: �s, lr�t~o�cttt~amt°ttl ttlllllti h:')�itlter Jttt tsd�lclttt�ns Forvun Point Value: 0 The Proposer agrees to provide products and/or services to any municipality, county, state, governmental, public utility, non-profit hospital, educational institute, special governmental agency, and non-profit corporation performing governmental functions that participates in or is represented by the Mid-America Council of Public Purchasing (MACPP) in the greater Kansas City Metropolitan Trade Area and any member of the Mid-America Regional Council (MARC). 1. Do yoti agree Io the, s�laleuirneiuiart above? Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 2 Tax, �"lt��t�� rice Forll; and Local tu,w t,lt�uttittttA:S Point Value: 0 The local governments of City of Kansas City, Jackson County, Missouri; Johnson County, Kansas; and the Unified Government of Wyandotte County/Kansas City, Kansas (collectively the "Local Governments"), have agreed to help enforce each other's Tax Laws to insure that taxpayer funded contracts are perforined by Contractors in compliance with the Tax Laws of the Local Governments. Contractor agrees that Contractor shall be in compliance with the Tax Laws of the Local Governments throughout the term of this contract and any contract renewals and that proof of Contractor's compliance with the Tax Laws of the Local Governments shall be a condition precedent to City making City's first payment under the contract or any contract renewal. The selected Contractor may obtain the City tax clearance letter from the City's Commissioner of Revenue at (816) 513-1135 or (816) 513-1089 (website) and authorize the City to obtain the Clearance letters from the Local Governments of City of Kansas City, Jackson County, Missouri; Johnson County, 278 Kansas; and the Unified Government of Wyandotte County/Kansas City, Kansas (collectively the "Local Governments"), dated not more than ninety (90) days from the date of submission. 1. 111Elo ,jcknossk,,(lgc i.11lli re�(.�litmiuireniciiuit, iiii llllMs scefloin", Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 3 ��,sn Hullo �Eligtl�t .ltl*:� °euu tll .t�,al,ion . l`�idavit 23 Point Value: 0 Please download the attached Employee Eligibility Verification Affidavit. Please sign, notarize, and scan the final form below, including the first and last page of the E -Verify MOU. I Mlll asc atiadllk fllse suugiiked .wiumid uitol rived Ernll)Ioyes Ellig,,i]IIsmllloii:y Vem i fii.c,,iui1kiiiri ,difldavli Iu,Tel Priority: 3. Response Type: File Attachment. Comment? yes 4..A talll de n d u to III. Point Value: 0 This addendum addresses changes made to the following: Section 20 - City of Kansas City HRD Forms and Instructions 1 Section 20 has been modified to reflect the City's MBE/WBE/SLBE contract requirements as related to this RFP. 2 Questions #1 and #2 have been modified to reflect both are applicable if electing to propose MBE/WBE participation (Option "a"). 3 Questions #3 and #4 have been added for those electing to use the City's alternative method for MBE/WBE/SLBE participation (Option "b"). 1. ]IlElo yui�au. ackuow� lkAge >'dllka1 141111 Illlwve uii-cad and >undersi�aind illhuie Addendtuusn ass siLfled? Priority: 0. Response Type: Choose from a List. True/False. Comment? yes d .Atlllldt smdUni 2 Point Value: 0 This addendum answers the following submitted question: Q: In regards to "City of Kansas City HRD Fonns and Instructions City of Kansas City, Missouri MBE/WBE/SLBE Contract Requirements": Do we have to answer all 4 questions, or can we answer questions 3 and 4. We are MBE company based out of New York and we intend to use MWBE companies for projects under this contract. It will be hard to find applicable MWBE companies in such short time. A: Suppliers must attach the two required HRD documents in questions 1 and 2. In these documents, suppliers determine which Kansas City approved/certified MBE/WBE subcontractors they will be utilizing in their RFP submission. You can reach out to HRD to discuss the forms and subcontractors in more detail at 816-513-1836. 279 I ]Ilftuu you ac],uow�� lleglge tlllhal you Illliiave ir-ead and and irstaivad iIICw Addenduiin as stated? Priority: 0. Response Type: Choose from a List. True/False. Comment? yes 26 Addendum Point Value: 0 This addendum addresses the following questions: Q 1. What should we put under MBE and WBE Goal percentage? Also, please provide "Subcontract Amount" while filling out HRD 08 and HRD 13 forms. A1. The City has not set specific goals for MBE/WBE participation for this contract. If selecting this option ("option a"), Proposers are required to make and provide documentation of its good faith efforts to utilize City certified MBEs and WBEs in the performance of this contract in accordance with the requirements specified in the HRD Forms and Instructions provided in the RFP. Participation levels must be part of the proposal if not electing to include participation through "option b". The subcontract amount will be determined by the percentage of participation proposed. The City of Kansas City paid $141,000 to the incumbent during the past twelve months; however, this contract has no guaranteed usage. The contract will be available for City departments to use on an 'as needed' basis. The annual average usage over the last five years has been approximately $400,000. Q2. Under "Appendix—A2" Excel file, in reference to column "Annual Usage" value is referencing to projected yearly sales? Please clarify. A2. The quantity provided in the "Annual Usage" column is the amount purchased by all participating agencies in the U.S. Communities program during the previous contract year. Q3. Which file needs to be attached in question 12, Section 11? A3. No file is required for this question. Comments may be entered in the field provided, or a file can be uploaded by using the 'paperclip icon'. L, Do yinii aami ciowlllledge tllllta you Illluuuse uii-ead and. umrsdeiirst�aind 1.Illie Adulu:ndtuiuun as Oai;ed? Priority: 3. Response Type: Choose from a List. True/False. Comment? yes 280 STANDARD CITY CONTRACT MASTER CONTRACT FOR PRODUCTS AND SERVICES - THE CITY OF KANSAS CITY, MISSOURI CONTRACT NO.: EV2370 TITLE/DESCRIPTION: Electrical, Li-ghting, Data Communications and Security Products and Related Products, Services and Solutions THIS Contract is between KANSAS CITY, MISSOURI, a constitutionally chartered municipal corporation ("CITY"), and ("CONTRACTOR"). Sec. 1. The Contract. The Contract between the CITY and CONTRACTOR consists of the following Contract Documents: (a) this Contract; (b) CONTRACTOR's Proposal dated that is attached hereto and incorporated into this Contract; (c) CITY's RFP No. EV2370 that is incorporated into this Contract by reference; (d) any CITY issued Purchase Order; (e) any CITY and CONTRACTOR executed Work Order that is incorporated into a CITY issued Purchase Order; (d) any and all Attachments and Exhibits attached to the Contract. All documents listed in this Section 1 shall be collectively referred to as the "Contract Documents" and are incorporated into this Contract. CITY and CONTRACTOR agree that the terms "Agreement" and "Contract" and "Contract Documents" are used interchangeably in this Contract and the terms "Agreement" and "Contract" and "Contract Documents" each include all "Contract Documents." Sec. 2. Initial Term of Contract and Additional Periods. (a) Initial Term. The initial term of this Contract shall begin on and shall end on The Manager of Procurement Services is authorized to enter into an amendment of this Contract with CONTRACTOR to extend the term of this Contract and time of performance for this Contract. (b) Renewal Terms. At any time prior to the expiration of the initial term or any subsequent term, the CITY, in its sole discretion, may renew this Contract for up to four (4) additional one (1) year terms. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 1 of 19 (REV. 12-05-16) 281 (c) Transition Term. Notwithstanding the expiration of the initial term or any subsequent term or all options to renew, CONTRACTOR and CITY shall continue performance under this Contract until the CITY has a new contract in place with either CONTRACTOR or another provider or until the CITY terminates the Contract. Sec. 3. Purchase Orders and Work Orders. (a) Purchase Order. CITY shall order all Electrical, Lighting, Data Communications, and Security Products and Related Products, Services and Solutions, (hereinafter "the Products" or "Products and Services" or "Services" depending on the context of the terms used) by means of a Purchase Order issued by the CITY's Manager of Procurement Services for which sufficient funds have been certified and encumbered by the City's Director of Finance. CONTRACTOR shall not provide any "Products" or "Products and Services" or "Services" in excess of the dollar amount contained in any Purchase Order even if there is an executed Work Order between the CITY and CONTRACTOR. CONTRACTOR shall not be entitled to any payment from CITY in excess of the dollar amount of the Purchase Orders from CITY even if such amount is authorized in a Work Order executed by CITY and CONTRACTOR. All Purchase Orders shall automatically incorporate the Contract and all Contract requirements even if the Contract is not referenced. (b) Products. CONTRACTOR shall timely provide all Products ordered by the CITY at the Prices set forth in the Contract. . (c) Services or Work Orders for both Products and Services. (1) The CITY may request CONTRACTOR to provide Services or both Products and Services. Prior to CONTRACTOR submitting a written detailed Proposal for Services or for both Products and Services to a requesting CITY Department, the CONTRACTOR must obtain written authorization from the CITY's Manager of Procurement Services.to submit a Proposal to the CITY Department. CONTRACTOR shall not perform any Services or provide both Services and Products unless the Manager of Procurement Services authorizes CONTRACTOR to provide Services or both Products and Services and all other contractual requirements are met including the Pricing for all Products, Products and Services and Services (2) Prior to the Manager of Procurement Services authorizing CONTRACTOR to provide Services or both Products and Services to a CITY Department, the Manager of Procurement Services shall: a. Obtain MBE/WBE goals from the CITY's Director of Human Relations if the estimated cost of the Services or Products and Services exceeds the dollar thresholds for MBE/WBE goals and Workforce Goals for MBE/WBE goals; b. Have the CITY's Director of Human Relations determine whether the needed Services are subject to Prevailing Wage requirements and Payment Bond and Performance and Maintenance Bond requirements; c. Any other Legal requirements including compliance with the CITY's SLBE requirements if the CITY's MBE/WBE program requirements are not applicable due to not meeting the dollar thresholds. (3) If the Manager of Procurement Services authorizes CONTRACTOR to submit a Proposal for Services or for both Products and Services, CONTRACTOR shall submit a detailed Proposal that includes the Scope of Services, the Proposed Schedule, the Price and if applicable, comply with MBE/WBE goals, Prevailing Wage requirements, and MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 2 of 19 (REV. 12-05-16) 282 Payment Bond and Performanc Bond requirements, or SLBE requirements. If the CITY and CONTRACTOR agree to CONTRACTOR's Proposal, the CITY will issue a Purchase Order and Work Order that is executed by the CITY and CONTRACTOR. All Work Orders and Purchase Orders signed by the CITY and CONTRACTOR shall automatically incorporate this Contract (even if the Work Order does not specifically incorporate this Contract). (d) CONTRACTOR shall bill the City, in a form acceptable to the City, on the following basis: monthly, one time; other (select when the Contractor will bill the City and delete all others). Sec. 4. Effective Date of Contract. (a) Notwithstanding Section 2 of this Contract, neither party has any obligation under this Contract until the Manager of Procurement Services issues a Purchase Order which shall be signed by the City's Director of Finance certifying there is a balance, otherwise unencumbered, to the credit of the appropriation to which the expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment will be made, each sufficient to meet the obligation incurred in the Purchase Order. (b) The date of the first Purchase Order issued by the CITY is the effective date of this Contract. (c) The date of the first Purchase Order issued by the CITY after the CITY renews this Contract shall be the effective date of the renewal term or transition term. Sec. 5. Invoices. (a) CONTRACTOR shall submit to CITY a request for payment (hereinafter "Invoice") for services performed in sufficient detail for the CITY to determine that the amount CONTRACTOR is requesting is in fact due and payable. (b) CITY shall not pay any Invoice from CONTRACTOR unless CONTRACTOR is in compliance with, and not in breach or default of, all terms, covenants and conditions of this Contract. If damages are sustained by CITY as a result of breach or default by CONTRACTOR, CITY may withhold payment(s) to CONTRACTOR for the purpose of set off until such time as the exact amount of damages due to CITY from CONTRACTOR may be determined. (c) CITY shall not process CONTRACTOR's Invoice unless CONTRACTOR's Invoice is in proper form, correctly computed, and is approved by CITY as payable under the terms of this Contract. (d) CITY is not liable for any obligation incurred by CONTRACTOR except as approved under the provisions of this Contract. (e) If CONTRACTOR is required to meet MBE/WBE goals for this Contract, CONTRACTOR shall not submit an Invoice to the City unless CONTRACTOR's Invoice is accompanied by a MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 3 of 19 (REV. 12-05-16) 283 copy of the most recent 00485.01 M/WBE Monthly Utilization Report submitted by CONTRACTOR to the City's Human Relations Department. CONTRACTOR shall remain current on CONTRACTOR's filing of 00485.01 M/WBE Monthly Utilization Reports. CITY shall not pay CONTRACTOR's Invoice unless CONTRACTOR is current on CONTRACTOR's filing of 00485.01 M/WBE Monthly Utilization Reports. Sec. 6. Representations and Warranties of CONTRACTOR. CONTRACTOR hereby represents and warrants to the CITY the following: (a) CONTRACTOR is in good standing under the laws of the state of Missouri and each state in which it does business, except any such state where the failure to be in good standing would not have a material adverse effect on CONTRACTOR's ability to perform this Contract in accordance with its terms. (b) The execution, delivery and performance by CONTRACTOR of this Contract have been duly authorized by all necessary corporate action and do not and will not (i) require any consent or approval of CONTRACTOR's board of directors; (ii) require any authorization, consent or approval by, or registration, declaration or filing with, or notice to, any governmental department, commission, board, bureau, agency or instrumentality, or any third party, except such authorization, consent, approval, registration, declaration, filing or notice as has been obtained prior to the date hereof; (iii) violate any provision of any law, rule or regulation or of any order, writ, injunction or decree presently in effect having applicability to CONTRACTOR or its articles or by-laws; and (iv) result in a breach of or constitute a default under any material agreement, lease or instrument to which CONTRACTOR is a party or by which it or its properties may be bound or affected. (c) CONTRACTOR shall not enter into any contract for the services to CITY that purports to grant a security interest or right of repossession to any person or entity respecting the services, or any portions thereof or chattels placed thereon. (d) There is no litigation, proceeding or other investigation pending or, to the knowledge of CONTRACTOR, threatened against CONTRACTOR which would prevent consummation of the transaction contemplated by this Contract or would have a materially adverse effect on CONTRACTOR. Sec. 7. Survival of the Representations, Warranties and Covenants. All representations, warranties and covenants expressed herein shall survive the execution of this Contract for the benefit of the parties hereto. Sec. 8. Governing Law. This Contract shall be construed and governed in accordance with the laws of the State of Missouri without giving effect to Missouri's choice of law provisions. The CITY and CONTRACTOR: (1) submit to the jurisdiction of the state and federal courts located in Jackson County, Missouri; (2) waive any and all objections to jurisdiction and venue; and (3) will not raise forum non conveniens as an objection to the location of any litigation. Sec. 9. Termination for Convenience. CITY may, at any time upon fifteen (15) days written notice to CONTRACTOR specifying the effective date of termination, terminate this Contract, in whole or in part. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 4 of 19 (REV. 12-05-16) 284 Sec. 10. Default and Remedies. (a) If CONTRACTOR shall be in default or breach of any provision of this Contract, CITY may terminate this Contract, suspend CITY's performance, withhold payment or invoke any other legal or equitable remedy after giving CONTRACTOR ten (10) days written notice and opportunity to cure such default or breach. (b) If CITY shall be in default or breach of any provision of this Contract, CONTRACTOR may terminate this contract or suspend CONTRACTOR's performance after giving CITY ten (10) days written notice and opportunity to cure such default or breach. Sec. 11. Waiver. Waiver by CITY of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or of any other term, covenant or condition. No term, covenant, or condition of this Contract can be waived except by written consent of CITY, and forbearance or indulgence by CITY in any regard whatsoever shall not constitute a waiver of same to be performed by CONTRACTOR to which the same may apply and, until complete performance by CONTRACTOR of the term, covenant or condition, CITY shall be entitled to invoke any remedy available to it under this Contract or by law despite any such forbearance or indulgence. Sec. 12. Acceptance. No payment made under this Contract shall be proof of satisfactory performance of the Contract, either wholly or in part, and no payment shall be construed as acceptance of deficient or unsatisfactory services. Sec. 13. Records. (a) For purposes of this Section: "CITY" shall mean the City Auditor, the City's Internal Auditor, the City's Director of Human Relations, the City Manager, the City department administering this Contract and their delegates and agents. 2. "Record" shall mean any document, book, paper, photograph, map, sound recordings or other material, regardless of physical form or characteristics, made or received in connection with this Contract and all Contract amendments and renewals. (b) CONTRACTOR shall maintain and retain all Records for a term of five (5) years that shall begin after the expiration or termination of this Contract and all Contract amendments. CITY shall have a right to examine or audit all Records, and CONTRACTOR shall provide access to CITY of all Records upon ten (10) days written notice from the CITY. (c) The books, documents and records of CONTRACTOR in connection with this Contract shall be made available to the City Auditor, the City's Internal Auditor, the City's Director of Human Relations and the City department administering this Contract within ten (10) days after the written request is made. Sec. 14. Affirmative Action. If this Contract exceeds $300,000.00 and Contractor employs fifty (50) or more people, Contractor shall comply with City's Affirmative Action requirements in accordance with the provisions of Chapter 3 of City's Code, the rules and regulations relating to those sections, and any MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 5 of 19 (REV. 12-05-16) 285 additions or amendments thereto; in executing any Contract subject to said provisions, Contractor warrants that it has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the Contract. Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender identity or age in a manner prohibited by Chapter 3 of City's Code. Contractor shall: (a) Submit, in print or electronic format, a copy of Contractor's current certificate of compliance to the City's Human Relations Department (HRD) prior to receiving the first payment under the Contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years. If, and only if, Contractor does not possess a current certification of compliance, Contractor shall submit, in print or electronic format, a copy of its affirmative action program to HRD prior to receiving the first payment under the Contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years. (b) Require any Subcontractor awarded a subcontract exceeding $300,000.00 to affirm that Subcontractor has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the subcontract. (c) Obtain from any Subcontractor awarded a subcontract exceeding $300,000.00 a copy of the Subcontractor's current certificate of compliance and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed. If, and only if, Subcontractor does not possess a current certificate of compliance, Contractor shall obtain a copy of the Subcontractor's affirmative action program and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed. City has the right to take action as directed by City's Human Relations Department to enforce this provision. If Contractor fails, refuses or neglects to comply with the provisions of Chapter 3 of City's Code, then such failure shall be deemed a total breach of this Contract and this Contract may be terminated, canceled or suspended, in whole or in part, and Contractor may be declared ineligible for any further contracts funded by City for a period of one (1) year. This is a material term of this Contract. Sec. 15. Tax Compliance. If the CITY's payments to CONTRACTOR exceed $160,000.01 for the period of May 1st through April 30th, CONTRACTOR shall provide proof of compliance with the CITY's tax ordinances administered by the CITY's Commissioner of Revenue as a precondition to the CITY making the first payment under this Contract. CONTRACTOR also shall submit to the CITY proof of compliance with the CITY's tax ordinances administered by the CITY's Commissioner of Revenue as a condition precedent to the CITY making final payment under the Contract. Sec. 16. Buy American Preference. It is the policy of the CITY that any manufactured goods or commodities used or supplied in the performance of any CITY Contract or any subcontract thereto shall be manufactured or produced in the United States whenever possible. Sec. 17. Notices. All notices to be given hereunder shall be in writing and may be given, served or made by depositing the same in the United States mail addressed to the party to be notified, postpaid and registered or certified with return receipt requested or by delivering the same in person to such person. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in such notice or in this Contract from and after the second day next following the date postmarked on the envelope containing such notice. Notice given in any other manner shall be effective only if and when received by the party to be notified. All notices shall be sent to the following addresses: MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 6 of 19 (REV. 12-05-16) 286 If to the CITY: City of Kansas City, Missouri Procurement Services Division 414 East 12th Street, 1st Floor, Room 102 W Kansas City, Missouri 64106 Attention: Cedric Rowan, C.P.M., Manager Telephone: (816) 513-1592 Facsimile: (816) 513-1156 With copies to: Cecilia Abbott, Esq. City Attorney Law Department of Kansas City, Missouri 414 East 12th Street, 23rd Floor Kansas City, Missouri 64106 Telephone: (816) 513-3127 If to the CONTRACTOR: (INSERT Name and Complete Address) Sec. 18. General Indemnification. (a) For purposes of this Section only, the following terms shall have the meanings listed: Claims means all claims, damages, liability, losses, costs and expenses, court costs and reasonable attorneys' fees, including attorneys' fees incurred by the CITY in the enforcement of this indemnity obligation. 2. CONTRACTOR's Agents means CONTRACTOR's officers, employees, subcontractors, successors, assigns, invitees, and other agents. 3. CITY means CITY, its Agencies, its agents, officials, officers and employees. (b) CONTRACTOR's obligations under this Section with respect to indemnification for acts or omissions, including negligence, of CITY, shall be limited to the coverage and limits of insurance that CONTRACTOR is required to procure and maintain under this Contract. CONTRACTOR affirms that it has had the opportunity to recover all costs of the insurance requirements imposed by this Contract in its contract price. (c) CONTRACTOR shall defend, indemnify and hold harmless CITY from and against all claims arising out of or resulting from all acts or omissions in connection with this Contract caused in whole or in part by CONTRACTOR or CONTRACTOR's Agents, regardless of whether or not caused in part by any act or omission, including negligence, of CITY. CONTRACTOR is not obligated under this Section to indemnify CITY for the sole negligence of CITY. (d) In no event shall the language in this Section constitute or be construed as a waiver or limitation of the CITY's rights or defenses with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 7 of 19 (REV. 12-05-16) 287 Sec. 19. Indemnification for Professional Negligence. If this contract is for professional services, CONTRACTOR shall indemnify, and hold harmless CITY and any of its agencies, officials, officers, or employees from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys' fees, arising out of any negligent acts or omissions in connection with this Contract, caused by CONTRACTOR, its employees, agents, subcontractors, or caused by others for whom CONTRACTOR is liable, in the performance of professional services under this Contract. CONTRACTOR is not obligated under this Section to indemnify CITY for the negligent acts of CITY or any of its agencies, officials, officers, or employees. Sec. 20. Insurance. (a) CONTRACTOR shall procure and maintain in effect throughout the term of this Contract insurance policies with coverage not less than the types and amounts specified in this Section. CONTRACTOR must have: Commercial General Liability Insurance Policy: with limits of $1,000,000 per occurrence and $2,000,000 aggregate, written on an "occurrence" basis. The policy shall be written or endorsed to include the following provisions: a. Severability of Interests Coverage applying to Additional Insureds b. Contractual Liability C. Per Project Aggregate Liability Limit or, where not available, the aggregate limit shall be $2,000,000. d. No Contractual Liability Limitation Endorsement e. Additional Insured Endorsement, ISO form CG20 10, current edition, or its equivalent. 2. Workers' Compensation Insurance and Employers Liability Policies as required by Missouri law. 3. Commercial Automobile Liability Insurance Policy: with a limit of $1,000,000 per occurrence, covering owned, hired, and non -owned automobiles. The Policy shall provide coverage on an "any auto" basis and on an "occurrence" basis. This insurance policy will be written on a Commercial Business Auto form, or acceptable equivalent, and will protect against claims arising out of the operation of motor vehicles, as to acts done in connection with the Contract, by CONTRACTOR. 4. If this Contract is for professional services, CONTRACTOR shall obtain Professional Liability Insurance with limits per claim and annual aggregate of $1,000,000. (b) All insurance policies required in this Section shall provide that the policy will not be canceled until after the Insurer provides the CITY ten (10) days written notice of cancellation in the event that the cancellation is for CONTRACTOR's nonpayment of premiums and thirty (30) days written notice of cancellation to CITY for all other reasons of cancellation. (c) The Commercial General and Automobile Liability Insurance Policies specified above shall provide that CITY and its agencies, agents, officials, officers, and employees, while acting MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 8 of 19 (REV. 12-05-16) 288 within the scope of their authority, will be named as additional insureds for the services performed under this Contract. CONTRACTOR shall provide to CITY at execution of this Contract a certificate of insurance showing all required endorsements and additional insureds. (d) All insurance policies must be provided by Insurance Companies that have an A.M. Best's rating of "A -W or better, and are licensed or approved by the State of Missouri to provide insurance in Missouri. (e) Regardless of any approval by CITY, CONTRACTOR shall maintain the required insurance coverage in force at all times during the term of this Contract. CONTRACTOR's failure to maintain the required insurance coverage will not relieve CONTRACTOR of its contractual obligation to indemnify the CITY pursuant to this Section of this Contract. In the event CONTRACTOR fails to maintain the required insurance coverage in effect, CITY may declare CONTRACTOR in default. (f) In no event shall the language in this Section constitute or be construed as a waiver or limitation of the CITY's rights or defenses with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. Sec. 21. Interpretation of the Contract. (a) CITY selected CONTRACTOR through a negotiated procurement process rather than an Invitation for Bids (IFB) solicitation. Unlike the IFB, this process allows the CITY and CONTRACTOR to discuss and negotiate a contract at arms length prior to entering a final contract that is acceptable to both the CITY and the CONTRACTOR. After negotiation and discussion, CONTRACTOR and CITY have incorporated multiple documents into this Agreement and the meaning of some of the words used in the Agreement may be uncertain, incomplete or duplicative and the Agreement may promise something at one place and take that promise away at another. In sum, the Agreement may contain words and provisions that are susceptible of more than one meaning so that reasonable persons of average intelligence may fairly and honestly differ in their construction of the words and provisions. It is the intent of the CITY and the CONTRACTOR that the CITY's taxpayers receive the benefit or advantage in the construction and interpretation of this Agreement, regardless of the normal judicial rules of contract construction even if the construction and interpretation of the Agreement will cost the CONTRACTOR more money and time. CITY and CONTRACTOR agree that CITY's Manager of Procurement Services shall resolve all disagreements as to the meaning of this Agreement or any ambiguity in this Agreement, in favor of the CITY and its taxpayers even if it will cost the CONTRACTOR more money and time. The decision of CITY's Manager of Procurement shall be final and conclusive if the Manager of Procurement Services acted in good faith. (b) CONTRACTOR acknowledges and agrees that the CITY has provided CONTRACTOR with an opportunity to have CONTRACTOR's attorney review and advise CONTRACTOR on the Agreement and any potential ambiguities or areas of disagreement and the potential adverse legal consequences of CONTRACTOR agreeing to this Section as well as the entire Agreement. CONTRACTOR certifies that CONTRACTOR has provided the CITY MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 9 of 19 (REV. 12-05-16) 289 written notice of all ambiguities, conflicts, errors or discrepancies that it has discovered in the Agreement and the written resolution thereof by the CITY as embodied in this final Agreement is acceptable to CONTRACTOR. (c) CONTRACTOR certifies that CONTRACTOR has either (1) waived its right to have CONTRACTOR's attorney review this Section and Agreement; or (2) CONTRACTOR has consulted with an attorney on this Section and Agreement. (d) CONTRACTOR knowingly and voluntarily agrees to this Section and the entire Agreement. CONTRACTOR certifies that this contract was not procured by fraud, duress or undue influence. Sec. 22. Contract Execution. This Contract may be executed in one or more counterparts, each of which will be deemed an original copy of this Contract and all of which, when taken together, will be deemed to constitute one and the same Contract. This Contract shall be effective upon the execution of counterparts by both parties, notwithstanding that both parties may not sign the same counterpart. The parties' signatures transmitted by facsimile or by other electronic means shall be proof of the execution of this Contract and shall be acceptable in a court of law. Sec. 23. Guaranteed Lowest Pricing. CONTRACTOR certifies that this Contract contains CONTRACTOR's lowest and best pricing for all services supplied by CONTRACTOR to any government, governmental entity, political subdivision, city, state, school district or any other public entity in the United States as of the date of this Contract. Sec. 24. Assignability and Subcontracting. (a) Assignability. Contractor shall not assign or transfer any part or all of Contractor's obligation or interest in this Contract without prior written approval of City. If Contractor shall assign or transfer any of its obligations or interests under this Contract without the City's prior written approval, it shall constitute a material breach of this Contract. This provision shall not prohibit contractor from subcontracting as otherwise provided for herein. (b) Subcontracting. Contractor shall not subcontract any part or all of Contractor's obligations or interests in this Contract unless the subcontractor has been identified in a format required by City. If Contractor shall subcontract any part of Contractor's obligations or interests under this Contract without having identified the subcontractor, it shall constitute a material breach of this Contract. The utilization of subcontractors shall not relieve Contractor of any of its responsibilities under the Contract, and Contractor shall remain responsible to City for the negligent acts, errors, omissions or neglect of any subcontractor and of such subcontractor's officers, agents and employees. City shall have the right to reject, at any point during the term of this Contract, any subcontractor identified by Contractor, and to require that any subcontractor cease working under this Contract. City's right shall be exercisable in its sole and subjective discretion. City shall not be obligated to pay or be liable for payment of any monies which may be due to any subcontractor. Contractor shall include in any subcontract a requirement that the subcontractor comply with all requirements of this Contract in performing Contractor's services hereunder. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 10 of 19 (REV. 12-05-16) 290 Sec. 25. Professional Services — Conflict of Interest Certification. If this Contract is for professional services other than for medical doctors or appraisers, CONTRACTOR certifies that CONTRACTOR is not an expert witness for any party in litigation against the CITY at the time of the issuance of this Contract. Sec. 26. Minority and Women's Business Enterprises. (a) CITY is committed to ensuring that minority and women's business enterprises (M/WBE) participate to the maximum extent possible in the performance of CITY contracts. CONTRACTOR agrees to comply with all requirements of City's Minority and Women's Business Enterprise Program as enacted in CITY'S Code CITY'S Code Chapter 3 Sections 3-421 through 3-469 and as hereinafter amended. If CITY requrests CONTRACTOR to perform Services with MBE/WBE goals, CONTRACTOR shall make its good faith efforts to meet the MBE/WBE goals. CONTRACTOR shall meet the goals set forth in its Contractor Utilization Plan. . (b) If CONTRACTOR fails to achieve the M/WBE goals stated in its Contractor Utilization Plan, as amended, the CITY will sustain damages, the exact extent of which would be difficult or impossible to ascertain or estimate at the time of execution of this contract. Therefore, in order to liquidate those damages, the monetary difference between the amount of the M/WBE goals set forth in this Contractor Utilization Plan, as amended, and the amount actually paid to qualified MBEs and WBEs for performing a commercially useful function will be deducted from the CONTRACTOR'S payments as liquidated damages. In determining the amount actually paid to qualified MBEs and WBEs, no credit will be given for the portion of participation that was not approved by the Director of City's Human Relations Division, unless the Director determines that the CONTRACTOR acted in good faith. No deduction for liquidated damages will be made when, for reasons beyond the control of the CONTRACTOR, the M/WBE participation stated in the Contractor Utilization Plan, as amended and approved by the Director, is not met. Sec. 27. Employee Eligibility Verification. CONTRACTOR shall execute and submit an affidavit, in a form prescribed by the CITY, affirming that CONTRACTOR does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). CONTRACTOR shall attach to the affidavit documentation sufficient to establish CONTRACTOR's enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. CONTRACTOR may obtain additional information about E -Verify and enroll at https://e- verify.uscis.gov/enroll/StartPage.aspx?JS=YES. For those CONTRACTORs enrolled in E -Verify, the first and last pages of the E -Verify Memorandum of Understanding that CONTRACTOR will obtain upon successfully enrolling in the program shall constitute sufficient documentation for purposes of complying with this section. CONTRACTOR shall submit the affidavit and attachments to the CITY prior to execution of the contract, or at any point during the term of the contract if requested by the CITY. Sec. 28. Emergencies. (a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in, or has the potential to result in a significant loss of life or property. (b) During and after a disaster, CONTRACTOR shall provide special services to the CITY including CONTRACTOR shall open CONTRACTOR's facilities even on nights and weekends as necessary to meet the needs of the City during a disaster. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 11 of 19 (REV. 12-05-16) 291 (c) CONTRACTOR shall not charge CITY any fee for opening facilities during an emergency or for extending CONTRACTOR's hours of operation during a disaster. CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases made by CITY during the disaster and CONTRACTOR shall not charge CITY any additional mark-up, fee or cost for any purchases made by CITY during a disaster. (d) CONTRACTOR shall quickly mobilize CONTRACTOR's internal and external resources to assist CITY when a disaster unfolds. (e) Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay open 24 hours if requested by the CITY. CONTRACTOR shall utilize additional CONTRACTOR personnel to take CITY orders if necessary. CONTRACTOR's Call Center shall accept phone orders 24 hours a day. (f) CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to provide additional supplies and equipment quickly to CITY as needed. (g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in meeting any and all documentation requirements of the Federal Emergency Management Agency (FEMA). Sec. 29. Time of Delivery. Delivery is required to be made in accordance with the schedule shown in the solicitation and purchase order. Sec. 30. F.O.B. Destination. All deliveries of Products shall be F.O.B. Destination and all freight charges are included in the Purchase Price charged by CONTRACTOR to the CITY. Sec. 31. Quality. All Products shall be new, in current production, and the best of their kind. When applicable, parts and maintenance shall be reasonably available. New equipment that is obsolete or technically outdated is not acceptable. Remanufactured or reconditioned items are not considered new. Items shall be properly packaged, packed, labeled, and identified in accordance with commercial standards acceptable to the trade and as required by ICC and other federal and state regulations. Packing slips will accompany the shipment. Sec. 32. Brand Name or Equal. Whenever the name of the manufacturer or the supplier is mentioned on the face hereof and the words "or equal" do not follow, it shall be deemed that the words "or equal" shall follow such designations unless the face hereof specifies "no substitutions". The CITY may assume that items submitted are equal or it may request samples and proof thereof and unless approved before shipment, reserves right to return at the CONTRACTOR'S expense all items that are not acceptable as equals, said items to be replaced by the CONTRACTOR with satisfactory items at the original submitted price. Sec. 33. Commercial Warranty. The CONTRACTOR agrees that the Products and Services furnished under this Contract shall be covered by the most favorable commercial warranties the CONTRACTOR MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 12 of 19 (REV. 12-05-16) 292 gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the CITY by any other clause of this contract. Sec. 34. Sellers Invoice. Invoices shall be prepared and submitted in duplicate to address shown on the purchase order. Separate invoices are required for each purchase order. Invoices shall contain the following information: purchase order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price, and extended totals. Sec. 35. Inspection and Acceptance. Inspection and acceptance will be at destination unless specified otherwise, and will be made by the CITY department shown in the shipping address or other duly authorized representative of the CITY. Until delivery and acceptance, and after any rejection, risk of loss will be on the CONTRACTOR unless loss results from negligence of the CITY. CONTRACTOR will be notified of rejected shipments. Unless agreed otherwise, items will be returned freight collect. Sec. 36. Loss and Damaged Shipments. Risk of loss or damage to items prior to the time of their receipt and acceptance by the CITY is upon the CONTRACTOR. The CITY has no obligation to accept damaged shipments and reserves the right to return at CONTRACTOR's expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. Sec. 37. Late Shipments. CONTRACTOR is responsible to notify the CITY department receiving the items and the Senior Buyer of any late or delayed shipments. The CITY reserves the right to cancel all or any part of an order if the shipment is not made as promised. Sec. 38. Tax Exemption - Federal and State. A. The CITY is exempt from Federal Excise and Transportation taxes on purchases under Chapter 32, Internal Revenue Code. The federal tax registration number issued by the St. Louis District Director on November 11, 1974 is No. 43740340K. B. The CITY is exempt from payment of Missouri Sales and Use Tax in Accordance with Section 39(10) Article 3, of the Missouri Constitution and Sections 144.040 and 144.615 RSMo 1969 and supplement thereto. A copy of the exemption from Missouri Sales and Use Tax is available upon request. Sec. 39. Annual Appropriation of Funds. A. Multi-year term supply and service contracts and leases and the exercise of options to renew term contracts are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase orders are funded when issued, therefore are current expense items and are not subject to any subsequent appropriation of funds. B. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the CITY shall not be obligated to make further payments beyond the then current original or renewal term. The CITY will provide notice of its inability to continue the lease or contract at such time as the MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 13 of 19 (REV. 12-05-16) 293 Manager of Procurement Services is aware of the nonappropriation of funds; however, failure to notify does not renew the term of lease or contract. If a lease is cancelled, the events of default will occur as described in the lease and/or the section titled TERMINATION FOR DEFAULT. The CITY has no monetary obligations in event of termination or reduction of a term contract since such contracts represent estimated quantities and are not funded as a contract, but only to the extent of purchase orders issued. Sec. 40. Performance and Maintenance Bond and Payment Bond. (a) If a Work Order is estimated to exceed $50,000.00 and is for the erection, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the public entity as defined by Section 107.170, RSMo, CONTRACTOR shall obtain a performance and maintenance bond and payment bond as required by this Section. The City approved performance and maintenance bond and payment bond are incorporated in this Contract by reference and Contractor shall require its Surety to issue the performance and maintenance bonds and payment bonds on City approved forms. (b) All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A certified copy of such agent's authority to act must accompany all Bonds signed by an agent. If the surety on any Bond furnished by Seller is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirement of the preceding sentence, Seller shall within twenty (20) days thereafter substitute another Bond and surety, both of which must be acceptable to City. (c) The performance and maintenance bond and payment bond shall remain in effect at least one (1) year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. (d) All Bonds required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety that is duly licensed in the State of Missouri and in the jurisdiction in which the Project is located, if not in Missouri, to issue Bonds. All surety companies shall hold an A.M. Best rating of B+, V, or better. (e) If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirement of Paragraph 5.01 B, Contractor shall within twenty (20) days thereafter substitute another Bond and surety, both of which must be acceptable to City. Sec. 41. Prevailing Wage. A. Prevailing Wage. If a Work Order includes work that requires payment of prevailing wage as set forth in Sections 290.210 to 290.340, RSMo (the "Law"), CONTRACTOR shall pay workers prevailing wage in accordance with this Section and the Law. Under the Law, work that meets the definition of "construction" "includes construction, reconstruction, improvement, enlargement, alteration, painting and decorating, or major repair." "Maintenance work"that is not MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 14 of 19 (REV. 12-05-16) 294 subject to the Law is defined as "the repair, but not the replacement, of existing facilities when the size, type or extent of the existing facilities is not thereby changed or increased." 1. Contractor shall comply and require its Subcontractors to comply with; a. Sections 290.210 to 290.340, RSMo the State of Missouri Prevailing Wage Law (the "Law"); and b. 8 CSR 30-3.010 to 8 CSR 30-3.060, the Prevailing Wage Law Rules (the "Rules"); and c. the Annual Wage Order (Wage Order) issued by the State of Missouri's Department of Labor and Industrial Relations; and d. any applicable Annual Incremental Wage Increase (Wage Increase) to the Annual Wage Order. 2. The Law, Rules, Wage Order and any Wage Increase are incorporated into and made part hereof this Contract and shall be collectively referred to in this Section as the "Prevailing Wage Requirements." In the event this Contract is renewed for an additional term, the Wage Order in effect as of the commencement date of the additional term, as amended by any applicable Wage Increase, shall be deemed incorporated herein and shall apply to and remain in effect for the duration of the additional term. The new Wage Order and any applicable Wage Increase shall govern notwithstanding the fact that the Wage Order being replaced might be physically attached to this Contract. 3. Contractor shall pay and require its Subcontractors to pay to all workers performing work under this Contract not less than the prevailing hourly rate of wages for the class or type of work performed by the worker in accordance with the Law, Rules, Wage Order and any applicable Wage Increase. Contractor shall take whatever steps are necessary to insure that the prevailing hourly wage rates are paid and that all workers for Contractor and each of its Subcontractors are paid for the class or type of work performed by the worker in accordance with the Prevailing Wage Requirements. 4. Prior to each of its Subcontractors beginning Work on the Site, Contractor shall require each Subcontractor to complete City's Form 00490 entitled "Pre -contract Certification" that sets forth the Subcontractor's prevailing wage and tax compliance history for the two (2) years prior to the bid. Contractor shall retain one (1) year and make the Pre -contract Certifications available to City within five (5) days after written request. 5. Contractor shall keep and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to keep full and accurate records on City's forms. Contractor shall: a. Keep and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to keep full and accurate records on City's "Daily Labor Force Report" Form indicating the worker's name, occupational title or classification group and skill and the workers' hours. City shall furnish blank copies of the Daily Labor Force Report Form to Contractor for its use and for distribution to Subcontractors. Contractor shall submit its and its Subcontractors Daily Labor Force Reports to City each day; and b. Submit, and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to submit, electronically, in a format prescribed by the City, Certified Payroll Report Information indicating the worker's name, address, MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 15 of 19 (REV. 12-05-16) 295 social security number, occupation(s), craft(s) of every worker employed in connection with the public work together with the number of hours worked by each worker and the actual wages paid in connection with the Project and other pertinent information as requested by the City; and c. Submit, and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to submit, electronically, in format prescribed by the City, a Payroll Certification. The Payroll Certification must be signed by the employee or agent who pays or supervises the payment of the workers employed under the Contract for the Contractor and each Subcontractor. The Daily Labor Force Report, documents used to compile information for the Certified Payroll Report, and Payroll Certification are collectively referred to in this Section as the "Records." 6. Contractor shall make all of Contractor's and Subcontractors' Records open to inspection by any authorized representatives of City and the Missouri Department of Labor and Industrial Relations at any reasonable time and as often as they may be necessary and such Records shall not be destroyed or removed from the State of Missouri for a period of one (1) year following the completion of the public work in connection with which the Records are made. Contractor shall have its and its Subcontractors Certified Payroll Reports and Payroll Certifications available at the Contractor's office and shall provide the Records to the City electronically at City's sole discretion. In addition, all Records shall be considered a public record and Contractor shall provide the Records to the City in the format required by the City within three (3) working days of any request by City at the Contractor's cost. City, in its sole discretion, may require Contractor to send any of the Records directly to the person who requested the Record at Contractor's expense. 7. Contractor shall post and keep posted a clearly legible statement of all prevailing hourly wage rates to be paid to all workers employed by Contractor and each of its Subcontractors in the performance of this Contract in a prominent and easily accessible place at the Site of the Work by all workers. 8. If the Contract Price exceeds $250,000.00, Contractor shall and shall require each Subcontractor engaged in any construction of public works to have its name, acceptable abbreviation or recognizable logo and the name of the city and state of the mailing address of the principal office of the company, on each motor vehicle and motorized self-propelled piece of equipment which is used in connection with the Project during the time the Contractor or Subcontractor is engaged on the project. The sign shall be legible from a distance of twenty (20') feet, but the size of the lettering need not be larger than two (2") inches. In cases where equipment is leased or where affixing a legible sign to the equipment is impractical, the Contractor may place a temporary stationary sign, with the information required pursuant to this section, at the main entrance of the Project in place of affixing the required information on the equipment so long as such sign is not in violation of any state or federal statute, rule or regulation. Motor vehicles which are required to have similar information affixed thereto pursuant to requirements of a regulatory agency of the state or federal government are exempt from the provisions of this subsection. 9. Contractor must correct any errors in Contractor's or any Subcontractors' Records, or Contractor's or any Subcontractors' violations of the Law, Rules, Annual Wage Order and any Wage Increase within fourteen (14) calendar days after notice from City. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 16 of 19 (REV. 12-05-16) 296 10. Contractor shall and shall require its Subcontractors to cooperate with the City and the Department of Labor and Industrial Relations in the enforcement of this Section, the Law, Rules, Annual Wage Order and any Wage Increase. Contractor shall and shall require its Subcontractors to permit City and the Department of Labor and Industrial Relations to interview any and all workers during working hours on the Project at Contractor's sole cost and expense. 11. Contractor shall file with City, upon completion of the Project and prior to final payment therefore, affidavits from Contractor and each of its Subcontractors, stating that each has fully complied with the provisions and requirements of the Missouri Prevailing Wage Law. City shall not make final payment until the affidavits, in proper form and order, from Contractor and each of its Subcontractors, are filed by Contractor. 12. Contractor shall forfeit as a statutory penalty to the City one hundred dollars ($100.00) for each worker employed, for each calendar day, or portion thereof, such worker is paid less than the prevailing hourly rates for any work done under this Contract, by Contractor or by any of Contractor's Subcontractors. If Contractor or any of its Subcontractors have violated any section(s) of 290.210 to 290.340, RSMo, in the course of the execution of the Contract, City shall when making payments to the Contractor becoming due under this Contract, withhold and retain therefrom all sums and amounts due and owing as a result of any violation of sections 290.210 to 290.340, RSMo. B. Prevailing Wage Damages. Contractor acknowledges and agrees that, based on the experience of City, violations of the Missouri Prevailing Wage Act, whether by Contractor or its Subcontractors, commonly result in additional costs to City. Contractor agrees that additional costs to City for any particular violation are difficult to establish and include but are not limited to: costs of construction delays, additional work for City, additional interest expenses, investigations, and the cost of establishing and maintaining a special division working under the City Manager to monitor prevailing wage compliance. In the event of the failure by Contractor or any of its Subcontractors to pay wages as provided in the Missouri Prevailing Wage Act, City shall be entitled to deduct from the Contract Price, and shall retain as liquidated damages, one hundred dollars ($100.00) per day, per worker who is paid less than the prevailing hourly rate of wages, to approximate the additional costs. The sum shall be deducted, paid or owed whether or not the Contract Times have expired. 2. City shall give written notice to Contractor setting forth the workers who have been underpaid, the amount of the statutory penalty and the amount of the liquidated damages as provided for in this Subparagraph. Contractor shall have fourteen (14) calendar days to respond, which time may be extended by City upon written request. If Contractor fails to respond within the specified time, the City's original notice shall be deemed final. If Contractor responds to City's notice, City will furnish Contractor a final decision in writing within five (5) days of completing any investigation. C. Excessive Unemployment. 1. Resident Laborers" means laborers who have been residents of the State of Missouri for at least thirty days and who intend to remain Missouri residents, and residents of Nonrestrictive States. 2. "Nonrestrictive States" means states identified by the Missouri Department of Labor and Industrial Relations Division of Labor Standards that have not enacted state laws restricting MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 17 of 19 (REV. 12-05-16) 297 Missouri laborers from working on public works projects. A list of Nonrestrictive States can be found on the Division web site at http://www.dolir.mo.gov/ls/index.htm. 3. A period of Excessive Unemployment is declared when the Missouri Department of Labor and Industrial Relations Division of Labor Standards provides notice of such declaration. When in effect, notice will be provided on the Division web site at http://www.dolir.mo.gov/ls/index.htm. It is Contractor's obligation to determine whether a period of Excessive Unemployment is in effect when this Contract is let. 4. Contractor agrees to follow the provisions of Section 290.560 - 290.575 RSMo and agrees that if a period of Excessive Unemployment has been declared at any point during the term of this Contract, it will employ and require all Subcontractors of whatever tier to employ only Resident Laborers for the Work to be performed under this Contract. Provided, however, Contractor may use laborers who are not Resident Laborers when Resident Laborers are not available or are incapable of performing the particular type of work involved if Contractor so certifies in writing to City and City issues a written approval. This provision does not apply to regularly employed nonresident executive, supervisory or technical employees. Sec. 42. Workforce. If Contractor is required to pay prevailing wages for the work performed pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction Employment Program as enacted in City's Code, Sections 3-501 through 3-525 and as hereinafter amended. Contractor shall meet or exceed the construction employment goals unless the same shall have been waived in the manner provided by law. Contractor's compliance with this provision is a material part of this Contract. Contractor shall comply with City's Workforce Program Reporting System requirements. Contractor shall use City's Internet web based Workforce Program Reporting System provided by City and protocols included in that software during the term of this Contract. Contractor shall maintain user applications to City's provided system for all applicable personnel and shall require subcontractors to maintain applications. MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 18 of 19 (REV. 12-05-16) 298 CONTRACTOR I hereby certify that I have the authority to execute this document on behalf of CONTRACTOR. 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U Q N J E � OJ Z u CLL +°: m O a J N U 'L a v 3 U w 3 C f6 M rl N M a i N M r -I N M r -I N M rl N M a i N M rl N [n rl N M c -I N m .--I N M a --I C v E a .E I - w L O L M cc u v N ; J d V a '6 w O � O 0 u O d co � Q O Q. U Q N J E � OJ Z u aL +°: m O a J N U �L a v 3 U w 3 C f6 N M .--I N M a --I N M .--I N M .--I N M .--I N M —1 N M .- A N M T O to G1 w to v v c � u U _ ru LL D 06 �Uy VCA L L v a v O � � 0 0 0 ai E z v O Q O d v Z 0 U z aj U 7 fCB � E M N I � UJ CU L L Q O Q E o a, E a, a, s s P N J 4J v_ a � i w O C O 7 U H CL o CL u a a J E 3 N Z U I - l6 d H J Q✓ u .L a 41 U w 3 C f0 N M -i N M -i N M 0 c 0 L U � o (U a v E U a Q a1 E U aJ c n � W toLoC u O N C ra U O U c U O ~ U O f6 E E Y O d C `l' OO O U co N M N 0 J d V a '6 w O � O 0 u O d co E u_ O Q O Q. U Q N J � OJ Z u � aL +°: m O a J N U �L a v 3 U w 3 C f6 M rl N M N M rl N M N M N M -1 N M -1 N M .--1 N M -i N M -i N M T O OD G1 v u c - > U _ QJ v f6 U N d a .. .. rLa W U N 61 61 _ (!) �2 > > o 0 Appendix C - Project Pricing and Additional Discounts for RFP EV2370 Proposer Name: INSTRUCTIONS Authorized Signature: 1) Provide any additional proposed pricing incentives 2) List Services Proposed and the percent mark up over cost Additional Pricing Incentives Discount or Rebate Large Volume Purchase Discounts Quick Payment Discount Annual Rebates Other Services (please list Services Proposed) Proposed Percent (%) Mark up Over Cost 330 ADMINISTRATION AGREEMENT This ADMINISTRATION AGREEMENT ("Agreement") is made as of , by and between U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE ("U.S. Communities") and ("Supplier"). RECITALS WHEREAS, ("Lead Public Agency") has entered into a certain Master Agreement dated as of even date herewith, referenced as Agreement No. , by and between Lead Public Agency and Supplier (as amended from time to time in accordance with the terms thereof, the "Master Agreement") for the purchase of (the "Products and Services"); WHEREAS, the Master Agreement provides that any state, county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agency or nonprofit organization (each a "Public A e�ncy" and collectively, "Public Agencies") may purchase Products and Services at the prices indicated in the Master Agreement upon prior registration with U.S. Communities, in which case the Public Agency becomes a "Participating Public Agency"; WHEREAS, U.S. Communities has the administrative and legal capacity to administer purchases under the Master Agreement to Participating Public Agencies; WHEREAS, U.S. Communities serves in an administrative capacity for Lead Public Agency and other lead public agencies in connection with other master agreements offered by U.S. Communities; WHEREAS, Lead Public Agency desires U.S. Communities to proceed with administration of the Master Agreement on the same basis as other master agreements; WHEREAS, "U.S. Communities Government Purchasing Alliance" is a trade name licensed by U.S. Communities Purchasing & Finance Agency; and WHEREAS, U.S. Communities and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, U.S. Communities and Supplier hereby agree as follows: 1.1 The Master Agreement, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. 1.2 U.S. Communities shall be afforded all of the rights, privileges and indemnifications afforded to Lead Public Agency under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to U.S. Communities under this Agreement -1- 331 including, without limitation, Supplier's obligation to provide insurance and indemnifications to Lead Public Agency. 1.3 Supplier shall perform all duties, responsibilities and obligations required under the Master Agreement. 1.4 U.S. Communities shall perform all of its duties, responsibilities and obligations as administrator of purchases under the Master Agreement as set forth herein, and Supplier acknowledges that U.S. Communities shall act in the capacity of administrator of purchases under the Master Agreement. 1.5 With respect to any purchases made by Lead Public Agency or any Participating Public Agency pursuant to the Master Agreement, U.S. Communities (a) shall not be construed as a dealer, re - marketer, representative, partner, or agent of any type of Supplier, Lead Public Agency or such Participating Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Lead Public Agency, any Participating Public Agency or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by a Participating Public Agency to (i) comply with procedures or requirements of applicable law or ordinance, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. U.S. Communities makes no representations or guaranties with respect to any minimum purchases required to be made by Lead Public Agency, any Participating Public Agency, or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement. 2.1 This Agreement is effective as of and shall terminate upon termination of the Master Agreement or any earlier termination in accordance with the terms of this Agreement, provided, however, that the obligation to pay all amounts owed by Supplier to U.S. Communities through the termination of this Agreement and all indemnifications afforded by Supplierto U.S. Communities shall survive the term of this Agreement. REPRESENTATIONS AND COVENANTS 3.1 U.S. Communities views the relationship with Supplier as an opportunity to provide benefits to the Lead Public Agency, Public Agencies and Supplier. The successful foundation of the relationship requires certain representations and covenants from both U.S. Communities and Supplier. 3.2 U.S. Communities' Representations and Covenants. (a) Marketing. U.S. Communities shall proactively market the Master Agreement to Public Agencies using resources such as a network of major sponsors including the National League of Cities (NLC), the National Association of Counties (NACo), the United States Conference of Mayors (USCM), the Association of School Business Officials (ASBO), and the National Governor's Association (NGA) (collectively, the "Founding Co -Sponsors"), and individual national, regional and state -level sponsors. In addition, the U.S. Communities staff shall make best efforts to enhance Supplier's marketing efforts through meetings with Public Agencies, participation in key events and -2- 332 tradeshows and other marketing activity such as advertising, articles and promotional campaigns. (b) Training and Knowledge Management Support. U.S. Communities shall provide support for the education, training and engagement of Supplier's sales force as provided herein. Through its staff (each, a "Program Manager" and collectively, the "Program Managers"), U.S. Communities shall, with scheduling assistance from Supplier, conduct training sessions and conduct calls jointly with Supplier to Public Agencies. U.S. Communities shall also provide Supplier with access to U.S. Communities' private intranet website which provides presentations, documents and information to assist Supplier's sales force in effectively promoting the Master Agreement. 3.3 Supplier's Representations and Covenants. Supplier hereby represents and covenants as follows in order to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies (such representations and covenants are sometimes referred to as "Supplier's Commitments" and are comprised of the Corporate Commitment, Pricing Commitment, Economy Commitment and Sales Commitment): (a) (i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier's primary contractual offering of Products and Services to Public Agencies. All of Supplier's direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier's primary offering and not just one of Supplier's contract options. (ii) Supplier's sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement. (iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement. (v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier's senior executive management. (vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier's Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring timely follow-up by Supplier's staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier -based internet web page dedicated to Supplier's U.S. Communities program and linked to U.S. Communities' website and shall implement and support such web page. (vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority. -3- 333 (viii) Where Supplier has an existing contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state's request. Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state. (b) Pricing Commitment. (i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier's pricing shall be evaluated on either an overall project basis or the Public Agency's actual usage for more frequently purchased Products and Services. (ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency's unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency's purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier's obligation to match the pricing under Supplier's contracts offering lower prices. (A) Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state. (B) Supplier holds a regional cooperative contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members. (C) Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency. (iii) Deviating Bugg Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier's pricing under the Master Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies. (iv) Supplier's Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation: -4- 334 (A) Supplier may opt not to respond to the procurement solicitation. Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses. (B) Supplier may respond with the pricing, terms and conditions of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. (C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would not be required to extend the lower price to other Public Agencies. (D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the Master Agreement. (E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration. (c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations. (d) Sales Commitment. Supplier shall market the Master Agreement through Supplier's sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier's primary offering to Public Agencies. Supplier's sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other contracts to Public Agencies. (i) Supplier Sales. Supplier shall be responsible for proactive sales of Supplier's Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product catalogs, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier's sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non -transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier's name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement -5- 335 was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier's best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract. (ii) Branding and Logo Compliance. Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval. (iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel. (iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication: (A) A dedicated U.S. Communities internet web -based homepage that is accessible from Supplier's homepage or main menu navigation containing: (1) U.S. Communities standard logo with Founding Co - Sponsors logos; (2) Copy of original procurement solicitation; (3) Copy of Master Agreement including any amendments; (4) Summary of Products and Services pricing; (5) Electronic link to U.S. Communities' online registration page; and (6) Other promotional material as requested by U.S. Communities. (B) A dedicated toll-free national hotline for inquiries regarding U.S. Communities. (C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com. (v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities' online registration process prior to processing the Public Agency's first sales order. (vi) Supplier's Performance Review. Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier's performance of the covenants set forth in this Agreement. (vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as I on 336 contemplated hereunder; and (b) the use of Supplier Content and any other materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party 3.4 Breach of Supplier's Representations and Covenants. The representations and covenants set forth in this Agreement are the foundation of the relationship between U.S. Communities and Supplier. If Supplier is found to be in violation of, or non-compliance with, one or more of the representations and covenants set forth in this Agreement, Supplier shall have ninety (90) days from the notice of default to cure such violation or non-compliance and, if Supplier fails to cure such violation or non-compliance within such notice period, it shall be deemed a cause for immediate termination of the Master Agreement at Lead Public Agency's sole discretion or this Agreement at U.S. Communities' sole discretion. 3.5 Indemnity. Supplier hereby agrees to indemnify and defend U.S. Communities, and its parent companies, subsidiaries, affiliates, shareholders, member, manager, officers, directors, employees, agents, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of any of Supplier's representations, warranties, or covenants in this Agreement. 4.1 Supplier shall, at Supplier's sole expense, maintain an accounting of all purchases made by Lead Public Agency and Participating Public Agencies under the Master Agreement. U.S. Communities and Lead Public Agency each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for aperiod of one (1) year from the effective date of termination. U.S. Communities shall have the authority to conduct random audits of Supplier's pricing that is offered to Participating Public Agencies at U.S. Communities' sole cost and expense. Notwithstanding the foregoing, in the event that U.S. Communities is made aware of any pricing being offered to three (3) or more Participating Public Agencies that is materially inconsistent with the pricing under the Master Agreement, U. S. Communities shall have the ability to conduct a reasonable audit of Supplier's pricing at Supplier's sole cost and expense during regular business hours upon reasonable notice. U.S. Communities may conduct the audit internally or may engage a third -party auditing firm on a non -contingent basis. Supplier shall solely be responsible for the cost of the audit. In the event of an audit, the requested materials shall be provided in the format and at the location where kept in the ordinary course of business by Supplier. 5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of two percent (2%) of aggregate purchases made during each calendar month (individually and collectively, "Administrative Fees"). Supplier's annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities, or its designee or trustee as may be directed in writing by U.S. Communities. -7- 337 Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month. U.S. Communities agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from Supplier to help offset Lead Public Agency's costs incurred in connection with managing the Master Agreement nationally. 5.2 Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall deliver to U.S. Communities an electronic accounting report, in the format prescribed by Exhibit B, attached hereto, summarizing all purchases made under the Master Agreement during such calendar month ("Sales Report"). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar month shall be included in the Sales Report. Submitted reports shall be verified by U.S. Communities against its registration database. Any data that is inconsistent with the registration database shall be changed prior to processing. U.S. Communities reserves the right upon reasonable advance notice to Supplier to change the prescribed report format to accommodate the distribution of the Administrative Fees to its program sponsors and state associations. 5.3 Exception Reporting/Sales Reports Audits. U.S. Communities or its designee may, at its sole discretion, compare Supplier's Sales Reports with Participating Public Agency records or other sales analysis performed by Participating Public Agencies, sponsors, advisory board members or U.S. Communities staff. If there is a material discrepancy between the Sales Report and such records or sales analysis as detennined by U.S. Communities, U.S. Communities shall notify Supplier in writing and Supplier shall have thirty (30) days from the date of such notice to resolve the discrepancy to U.S. Communities' reasonable satisfaction. Upon resolution of the discrepancy, Supplier shall remit payment to U.S. Communities' trustee within fifteen (15) calendar days. Any questions regarding an exception report should be directed to U.S. Communities in writing to reporting@uscommunities.org. If Supplier does not resolve the discrepancy to U.S. Communities' reasonable satisfaction within thirty (30) days, U.S. Communities shall have the right to engage outside services to conduct an independent audit of Supplier's reports. Supplier shall solely be responsible for the cost of the audit. 5.4 Online Reporting. Within forty-five (45) days of the end of each calendar month, U.S. Communities shall provide online reporting to Supplier containing Supplier's sales reporting for such calendar month. Supplier shall have access to various reports through the U.S. Communities intranet website. Such reports are useful in resolving reporting issues and enabling Supplier to better manage its Master Agreement. 5.5 Usage Reporting. Within thirty (30) days of the end of each contract year, Supplier shall deliver to U.S. Communities an electronic usage report of all sales under the Master Agreement, including: (i) Supplier's Product Number (ii) Product Description (iii) Manufacturer Name (iv) Manufacturer Number (v) Unit of Measure (vi) U.S. Communities Price (vii) Number of times ordered (viii) Units sold (ix) Sales by Manufacturer M. 338 5.6 Supplier's Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at Lead Public Agency's sole discretion or this Agreement at U.S. Communities' sole discretion. All Administrative Fees not paid within thirty (30) days of the end of the previous calendar month shall bear interest at the rate of one and one-half percent (1.5%) per month until paid in full. MISCELLANEOUS 6.1 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. 6.2 Assi ng ment. (a) Supplier. Neither this Agreement nor any rights or obligations hereunder shall be assignable by Supplier without prior written consent of U.S. Communities, and any assignment without such consent shall be void. (b) U.S. Communities. This Agreement and any rights or obligations hereunder may be assigned by U.S. Communities in U.S. Communities' sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform U.S. Communities' obligations hereunder. 6.3 Notices. All reports, notices or other communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses as set forth below. U.S. Communities may, by written notice delivered to Supplier, designate any different address to which subsequent reports, notices or other communications shall be sent. U.S. Communities: U.S. Communities Supplier: 9711 Washingtonian Blvd. Suite 100 Gaithersburg, MD 20878-7381 Attn: Program Manager Administration Attn: U.S. Communities Program Manager 6.4 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. 6.5 Waiver. Any failure of a party to enforce, for any period of time, any of the provisions under this Agreement shall not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under this Agreement. -9- 339 6.6 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6.7 Modifications. This Agreement may not be effectively amended, changed, modified, altered or terminated without the prior written consent of the parties hereto. 6.8 Governing Law; Arbitration. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this dispute resolution clause, shall be determined by arbitration in Walnut Creek, California, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys' fees and arbitration costs from the other party. The arbitration award shall be final and binding. Each party commits that prior to commencement of arbitration proceedings, the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. The mediation will be conducted by each party designating a duly authorized officer or other representative to represent the party with the authority to bind the party, and that the parties agree to exchange inforinally such information as is reasonably necessary and relevant to the issues being mediated. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any JAMS employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non -discoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed. The mediation may continue, if the parties so agree, after the appointment of the arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending. 6.9 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon U.S. Communities, Supplier and any successor and assign thereto; subject, however, to the limitations contained herein. [Remainder of Page Intentionally Left Blank — Signatures Follow] -10- K11 If IN WITNESS WHEREOF, U.S. Communities has caused this Agreement to be executed in its name and Supplier has caused this Agreement to be executed in its name, all as of the date first written above. U.S. Communities: U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE By Name: Kevin Juhring Title: President Supplier: By Name: Title: -11- 341 EXHIBIT A MASTER AGREEMENT (To Be Attached) Exhibit A 342 S,po. ID 'Y.s ttft. 3 Am -4 N. T.11 25 — Ag—�y 4— es Tema 255— teto— CPt Teld 2 — 'Opb—1 = .. TeA 2M 55 — CZ, yes Tern 5— 255 max Stv Stv Yes Teck 2 Zp 'Yes TeX 5 AgvsyType Yes @bmbq 2 Year %Illbs, 4 cr Yes rtfts, 1 M.6, yes %mber 2 22 C.Md4ad EXHIBIT B SALES REPORT FORMAT 'S p5S535 rb Dak W mlota'W *.dllrg IM DKods m, s.We, aom.0m ILm MmdaC.Oe F.,d.aag NrA IL. Mg&n Mug b. .,ad Qt'� C4, ml NsDash D-w..dssdmm VMdm—d. ml S;,& Agricy TyM Ubb 84m 2WO 4 12 Exhibit B 343 MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement ("Agreement") is made between certain government agencies that execute a Lead Public Agency Certificate (collectively, "Lead Public Agencies") to be appended and made a part hereof and other government agencies ("Participating Public Agencies") that agree to the terms and conditions hereof through the U.S. Communities registration process and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers (each, a "Contract Supplier") have entered into Master Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and international volumes (herein "Products and Services"); WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental cooperative act, if applicable, to the laws of the State of purchase; WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost; WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary Products and Services; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products and Services. 2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies' procurement of Products and Services. 5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency. Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 344 6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Participating Public Agency is solely responsible for ordering, accepting, and paying and any other action, inaction or decision regarding the Products and Services obtained under this Agreement. A Lead Public Agency shall not be liable in any manner for any action or inaction or decisions taken by a Participating Public Agency. The Participating Public Agency shall, to the extent permitted by applicable law, hold the Lead Public Agency harmless from any liability that may arise from action or inaction of the Participating Public Agency. 8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency. 9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597. 10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or Participating Public Agency registration, as applicable. 345 SUPPLIER WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION Suppliers are required to meet specific qualifications. Please respond in the spaces provided after each qualification statement below: A. Will pricing for all Products/Services offered be the most competitive pricing offered by your organization to Participating Public Agencies nationally? YES NO B. Does your company have the ability to provide service to any Participating Public Agencies in the contiguous 48 states and the ability to deliver service in Alaska and Hawaii? YES *NO (*If no, identify the states where you do not have the ability to provide service to Participating Public Agencies.) C. Does your company have a national sales force, dealer network or distributor with the ability to call on Participating Public Agencies in at least 35 U.S. states? YES *NO (*If no, identify the states where you have the ability to call on Participating Public Agencies.) D. Check which applies for your company sales last year in the United States: Sales between $0 and $25,000,000 Sales between $25,000,001 and $50,000,000 Sales between $50,000,001 and $100,000,000 Sales greater than $100,000,001 E. Does your company have existing capacity to provide electronic and ecommerce ordering and billing? YES NO F. Will your company assign a dedicated Senior Management level Account Manager to support the resulting U.S. Communities program contract? YES NO G. Does your company maintain records of your overall Participating Public Agencies' sales that you can and will share with U.S. Communities to monitor program implementation progress? YES NO H. Will your company commit to the following program implementation schedule? YES NO I. Will the U.S. Communities program contract be your lead public offering to Participating Public Agencies? YES NO Submitted by: (Printed Name) (Title) (Signature) (Date) State of Oregon, State of Hawaii, State of Washington Agency Name State Malama Honua Public Charter School HI ST JOHN THE BAPTIST HI Waimanalo Elementary and HI Intermediate School HI Kailua High School HI PACIFIC BUDDHIST ACADEMY HI HAWAII TECHNOLOGY ACADEMY HI CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC. HI MARYKNOLL SCHOOL HI ISLAND SCHOOL HI STATE OF HAWAII, DEPT. OF EDUCATION HI KE KULA 0 S. M. KAMAKAU HI KAMEHAMEHA SCHOOLS HI HANAHAU'OLI SCHOOL HI KIHEI CHARTER SCHOOL HI EMMANUAL LUTHERAN SCHOOL HI School Lunch Program HI Ewa Makai Middle School HI Variety School of Hawaii HI Our Savior Lutheran School HI BOARD OF WATER SUPPLY HI MAUI COUNTY COUNCIL HI Kauai County Council HI Honolulu Fire Department HI COUNTY OF MAUI HI Lanai Community Health Center HI Maui High Band Booster Club HI Big Brothers Big Sisters HI Tri -Isle Resource Conservation and Development District HI Olanur HI Kumulani Chapel HI Chamber of Commerce Hawaii HI Naalehu Assembly of God HI outrigger canoe club HI One Kalakaua HI Native Hawaiian Hospitality Association Islands Hospice Inc St. Theresa School Hawaii Peace and Justice Kauai Youth Basketball Association NA HALE 0 MAUI LEEWARD HABITAT FOR HUMANITY WAIANAE COMMUNITY OUTREACH NA LEI ALOHA FOUNDATION HAWAII FAMILY LAW CLINIC DBA ALA KUOLA BUILDING INDUSTRY ASSOCIATION OF HAWAII UNIVERSITY OF HAWAII FEDERAL CREDIT UNION LANAKILA REHABILITATION CENTER INC. POLYNESIAN CULTURAL CENTER CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST BISHOP MUSEUM HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI ALOCHOLIC REHABILITATION SVS OF HI INC DBA HINA MAUKA HI ASSOSIATION OF OWNERS OF KUKUI PLAZA MAUI ECONOMIC DEVELOPMENT BOARD NETWORK ENTERPRISES, INC. HONOLULU HABITAT FOR HUMANITY ALOHACARE ORI ANUENUE HALE, INC. IUPAT, DISTRICT COUNCIL 50 GOODWILL INDUSTRIES OF HAWAII, INC. HAROLD K.L. CASTLE FOUNDATION MAUI ECONOMIC OPPORTUNITY, INC. EAH, INC. HI HI HI HI HI HI HI HI HI HI HI 347 PARTNERS IN DEVELOPMENT FOUNDATION HI HABITAT FOR HUMANITY MAUI HI W. M. KECK OBSERVATORY HI HAWAII EMPLOYERS COUNCIL HI HAWAII STATE FCU HI MAUI COUNTY FCU HI PUNAHOU SCHOOL HI YMCA OF HONOLULU HI EASTER SEALS HAWAII HI AMERICAN LUNG ASSOCIATION HI Pohaha I Ka Lani HI Hawaii Area Committee HI Tri -Isle RC&D HI Lanai Federal Credit Union HI Aloha United Way HI Kipuka o Ke Ola HI READ TO ME INTERNATIONAL FOUNDATION HI MAUI FAMILY YMCA HI WAILUKU FEDERAL CREDIT UNION HI ST. THERESA CHURCH HI HALE MAHAOLU HI West Maui Community Federal Credit Union HI Hawaii Island Humane Society HI Western Pacific Fisheries Council HI Kama'aina Care Inc HI International Archaeological Research Institute, Inc. Community Empowerment Resources Tutu and Me Traveling Preschool First United Methodist Church United Chinese Society Haggai Institue St. Francis Healthcare System AOAO Royal Capitol Plaza Kumpang Lanai Child and Family Service MARINE SURF WAIKIKI, INC. Hawaii Health Connector Hawaii Carpenters Market Recovery Program Fund HI HI HI HI HI HI HI HI HI HI HI HI 2 Maui Aids Foundation Inc Pukalani Baptist Church Puu Heleakala Community Association Saint Louis School Kailua Racquet Club, Ltd. Homewise Inc. Hawaii Baptist Academy Kroc Center Hawaii Kupu University of the Nations ARGOSY UNIVERSITY HAWAII PACIFIC UNIVERSITY UNIVERSITY OF HAWAII AT MANOA RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII BRIGHAM YOUNG UNIVERSITY - HAWAII University Clinical Research and Association Hawaii Medical College CHAMINADE UNIVERSITY OF HONOLULU Ricoh ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII Hawaii Information Consortium Leeward Community Church E Malama In Keiki O Lanai Keawala'i Congregational Church Lanai Community Hospital Angels at Play Preschool & Kindergarten Queen Emma Gardens AOAO FAMILY SUPPORT SERVICES OF WEST HAWAII Honolulu Community College COLLEGE OF THE MARSHALL ISLANDS DOT Airports Division Hilo International Airport Judiciary - State of Hawaii ADMIN. SERVICES OFFICE SOH- JUDICIARY CONTRACTS AND PURCH HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI a HI HI HI HI HI HI HI 348 STATE DEPARTMENT OF DEFENSE HI Hanapepe HAWAII CHILD SUPPORT Hauula ENFORCEMENT AGENCY HI Hawaii National Park HAWAII HEALTH SYSTEMS Hawaiian Ocean View CORPORATION HI Hawi HAWAII AGRICULTURE RESEARCH Hickam AFB CENTER HI Hilo STATE OF HAWAII HI Holualoa Third Judicial Circuit - State of Hawaii HI Honaunau State of Hawaii Department of Honokaa Transportation HI Honolulu Office of the Governor HI Honomu State of Hawaii -Department of Health- Hoolehua Disability & Communication Access HI Kaaawa State of Hawaii Department of Human Kahuku Services HI Kahului CITY AND COUNTY OF HONOLULU HI Kailua Lanai Youth Center HI Kailua Kona Silver Dolphin Bistro HI Kalaheo Commander, Navy Region Hawaii HI Kalaupapa US Navy HI Kamuela Defense Information System Agency HI Kaneohe 84th Engineer Battalion HI Kapaa Department of Veterans Affairs HI Kapaau Hawaii County HI Kapolei Honolulu County HI Kaumakani Kauai County HI Kaunakakai Maui County HI Kawela Bay Kalawao County HI Keaau Aiea HI Kealakekua Anahola HI Kealia Barbers Point N A S HI Keauhou Camp H M Smith HI Kekaha Captain Cook HI Kihei Eleele HI Kilauea Ewa Beach HI Koloa Fort Shafter HI Kualapuu Haiku HI Kula Hakalau HI Kunia Haleiwa HI Kurtistown Hana HI Lahaina Hanalei HI Laie Hanamaulu HI Lanai City HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI HI 349 Laupahoehoe HI Hawaii Technology Institute HI Lawai HI Heald College - Honolulu HI Lihue HI Remington College - Honolulu Campus HI M C B H Kaneohe Bay HI University of Phoenix - Hawaii Campus HI Makawao HI Hawaii Community College HI Makaweli HI Honolulu Community College HI Maunaloa HI Kapiolani Community College HI Mililani HI Kauai Community College HI Mountain View HI Leeward Community College HI Naalehu HI Maui Community College HI Ninole HI University of Hawaii at Hilo HI Ocean View HI University of Hawaii at Manoa HI Ookala HI Windward Community College HI Paauhau HI Canby School District No 86 OR Paauilo HI Central School District 13J (Polk Pahala HI County, Oregon) OR Pahoa HI Milton-Freewater Unified School Paia HI District No 7 OR Papaaloa HI Scappoose Adventist School OR Papaikou HI Ontario School District 8C OR Pearl City HI Trillium Charter School OR Pearl Harbor HI Echo School District OR Pepeekeo HI Warrenton Hammond School OR Princeville HI Immanuel Lutheran School OR Pukalani HI The Emerson School OR Puunene HI Columbia Academy OR Schofield Barracks HI VALLEY CATHOLIC SCHL OR Tripler Army Medical Center HI CROOK COUNTY SCHOOL DISTRICT OR Volvano HI CORBETT SCHL DIST #39 OR Wahiawa HI Trinity Lutheran Church and School OR Waialua HI Bethel School District #52 OR Waianae HI OREGON CITY PUBLIC SCHL OR Waikoloa HI Ppmc Education Committee OR Wailuku HI Stayton Christian School OR Waimanalo HI South Columbia Family School OR Waimea HI Sunrise Preschool OR Waipahu HI St. Therese Parish/School OR Wake Island HI PINE -EAGLE SCHOOL DISTRICT 061 OR Wheeler Army Airfield HI Portland YouthBuilders OR Brigham Young University - Hawaii HI Wallowa County ESD OR Chaminade University of Honolulu HI Fern Ridge School District 28J OR Hawaii Business College HI Knova Learning OR Hawaii Pacific University HI New Horizon Christian School OR 350 MOLALLA RIVER ACADEMY OR SOUTHERN OREGON EDUCATION HIGH DESERT EDUCATION SERVICE SERVICE DISTRICT OR DISTRICT OR SILVER FALLS SCHOOL DISTRICT OR St. Luke Catholic School OR St Helens School District OR SOUTHWEST CHARTER SCHOOL OR DAYTON SCHOOL DISTRICT NO.8 OR WHITEAKER MONTESSORI SCHOOL OR Amity School District 4-J OR CASCADES ACADEMY OF CENTRAL SCAPPOOSE SCHOOL DISTRICT 1J OR OREGON OR REEDSPORT SCHOOL DISTRICT OR NEAH-KAH-NIE DISTRICT NO.56 OR FOREST GROVE SCHOOL DISTRICT OR INTER MOUNTAIN ESD OR DAVID DOUGLAS SCHOOL DISTRICT OR STANFIELD SCHOOL DISTRICT OR LOWELL SCHOOL DISTRICT NO.71 OR LA GRANDE SCHOOL DISTRICT OR TIGARD-TUALATIN SCHOOL DISTRICT OR CASCADE SCHOOL DISTRICT OR SHERWOOD SCHOOL DISTRICT 88J OR DUFUR SCHOOL DISTRICT NO.29 OR RAINIER SCHOOL DISTRICT OR hillsboro school district OR NORTH CLACKAMAS SCHOOL DISTRICT OR GASTON SCHOOL DISTRICT 511J OR MONROE SCHOOL DISTRICT NO.1J OR BEAVERTON SCHOOL DISTRICT OR CHILDPEACE MONTESSORI OR COUNTY OF YAMHILL SCHOOL HEAD START OF LANE COUNTY OR DISTRICT 29 OR HARNEY COUNTY SCHOOL DIST. NO.3 OR WILLAMINA SCHOOL DISTRICT OR NESTUCCA VALLEY SCHOOL DISTRICT MCMINNVILLE SCHOOL DISTRICT NO.101 OR NO.40 OR ARCHBISHOP FRANCIS NORBERT Sheridan School District 48J OR BLANCHET SCHOOL OR THE CATLIN GABEL SCHOOL OR LEBANON COMMUNITY SCHOOLS NORTH WASCO CTY SCHOOL DISTRICT NO.9 OR 21 - CHENOWITH OR MT.SCOTT LEARNING CENTERS OR CENTRAL CATHOLIC HIGH SCHOOL OR SEVEN PEAKS SCHOOL OR CANYONVILLE CHRISTIAN ACADEMY OR DE LA SALLE N CATHOLIC HS OR OUR LADY OF THE LAKE SCHOOL OR MULTISENSORY LEARNING ACADEMY OR NYSSA SCHOOL DISTRICT NO. 26 OR MITCH CHARTER SCHOOL OR ARLINGTON SCHOOL DISTRICT NO. 3 OR REALMS CHARTER SCHOOL OR LIVINGSTONE ADVENTIST ACADEMY OR BAKER SCHOOL DISTRICT 5-J OR Santiam Canyon SD 1291 OR PHILOMATH SCHOOL DISTRICT OR WEST HILLS COMMUNITY CHURCH OR CLACKAMAS EDUCATION SERVICE BANKS SCHOOL DISTRICT OR DISTRICT OR WILLAMETTE EDUCATION SERVICE CANBY SCHOOL DISTRICT OR DISTRICT OR OREGON TRAIL SCHOOL DISTRICT BAKER COUNTY SCHOOL DIST. 16J - NO.46 OR MALHEUR ESD OR WEST LINN WILSONVILLE SCHOOL HARNEY EDUCATION SERVICE DISTRICT OR DISTRICT OR GREATER ALBANY PUBLIC SCHOOL MOLALLA RIVER SCHOOL DISTRICT DISTRICT OR NO.35 OR LAKE OSWEGO SCHOOL DISTRICT 7.1 OR ESTACADA SCHOOL DISTRICT NO.108 OR 351 GLADSTONE SCHOOL DISTRICT OR ASTORIA SCHOOL DISTRICT 1C OR SEASIDE SCHOOL DISTRICT 10 OR NORTHWEST REGIONAL EDUCATION OR SERVICE DISTRICT OR VERNON IA SCHOOL DISTRICT 47J OR SOUTH COAST EDUCATION SERVICE OR DISTRICT OR COOS BAY SCHOOL DISTRICT NO.9 OR COOS BAY SCHOOL DISTRICT OR NORTH BEND SCHOOL DISTRICT 13 OR COQUILLE SCHOOL DISTRICT 8 OR MYRTLE POINT SCHOOL DISTRICT OR NO.41 OR BANDON SCHOOL DISTRICT OR NO.17-C OR REDMOND SCHOOL DISTRICT OR DESCHUTES COUNTY SD NO.6 - OR SISTERS SD OR DOUGLAS EDUCATION SERVICE OR DISTRICT OR ROSEBURG PUBLIC SCHOOLS OR GLIDE SCHOOL DISTRICT NO.12 OR SOUTH UMPQUA SCHOOL DISTRICT OR #19 OR YONCALLA SCHOOL DISTRICT NO.32 OR ELKTON SCHOOL DISTRICT NO.34 OR DOUGLAS COUNTY SCHOOL DISTRICT OR 116 OR HOOD RIVER COUNTY SCHOOL OR DISTRICT OR PHOENIX -TALENT SCHOOL DISTRICT OR NO.4 OR CENTRAL POINT SCHOOL DISTRICT NO. OR 6 OR JACKSON CO SCHOOL DIST NO.9 OR ROGUE RIVER SCHOOL DISTRICT NO.35 OR MEDFORD SCHOOL DISTRICT 549C OR CULVER SCHOOL DISTRICT NO. OR JEFFERSON COUNTY SCHOOL DISTRICT OR 509-J OR GRANTS PASS SCHOOL DISTRICT 7 OR LOST RIVER JR/SR HIGH SCHOOL OR KLAMATH FALLS CITY SCHOOLS OR LANE COUNTY SCHOOL DISTRICT 4.1 OR SPRINGFIELD SCHOOL DISTRICT NO.19 OR CRESWELL SCHOOL DISTRICT OR SOUTH LANE SCHOOL DISTRICT 45.13 OR LANE COUNTY SCHOOL DISTRICT 69 OR SIUSLAW SCHOOL DISTRICT OR SWEET HOME SCHOOL DISTRICT NO.55 OR LINN CO. SCHOOL DIST. 95C - SCIO SD OR ONTARIO MIDDLE SCHOOL OR GERVAIS SCHOOL DIST. #1 OR NORTH SANTIAM SCHOOL DISTRICT OR 29J OR JEFFERSON SCHOOL DISTRICT OR SALEM-KEIZER PUBLIC SCHOOLS OR MT. ANGEL SCHOOL DISTRICT NO.91 OR MARION COUNTY SCHOOL DISTRICT 103 -WASHINGTON ES OR MORROW COUNTY SCHOOL DISTRICT OR MULTNOMAH EDUCATION SERVICE DISTRICT OR GRESHAM-BARLOW SCHOOL DISTRICT OR DALLAS SCHOOL DISTRICT NO. 2 OR CENTRAL SCHOOL DISTRICT 13J OR St. Mary Catholic School OR CROSSROADS CHRISTIAN SCHOOL OR ST. ANTHONY SCHOOL OR Pedee School OR HERITAGE CHRISTIAN SCHOOL OR BEND -LA PINE SCHOOL DISTRICT OR GLENDALE SCHOOL DISTRICT OR LINCOLN COUNTY SCHOOL DISTRICT OR PORTLAND PUBLIC SCHOOLS OR REYNOLDS SCHOOL DISTRICT OR CENTENNIAL SCHOOL DISTRICT OR NOBEL LEARNING COMMUNITIES OR St. Stephen's Academy OR McMinnville Adventist Christian School OR Salem-Keizer 24J OR McKay High School OR Pine Eagle Charter School OR Waldo Middle School OR 352 OAKLAND SCHOOL DISTRICT 001 hermiston school district Clear Creek Middle School Marist High School Victory Academy Vale School District No. 84 St. Mary School Junction City High School Three Rivers School District Fern Ridge School District JESUIT HIGH SCHL EXEC OFC LASALLE HIGH SCHOOL Southwest Christian School Willamette Christian School Westside Christian High School CS LEWIS ACADEMY Portland America School Forest Hills Lutheran School Mosier Community School Koreducators Lep High Warrenton Hammond School District Sutherlin School District Malheur Elementary School District Ontario School District Parkrose School District 3 Riverdale School District 51J Tillamook School District Madeleine School Union School District Helix School District Riddle School District Helix School Dist #1 R Prospect School District Ashbrook Independent School Molalla River School District Corvallis School District 5091 Falls City School District #57 Portland Christian Schools OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR LUCKIAMUTE VALLEY CHARTER SCHOOLS OR Insight School of Oregon Painted Hills OR Deer Creek Elementary School OR Yamhill Carlton School District OR COLTON SCHL DIST 53 HARRISBURG SCHL DIST CENTRAL CURRY SCHL DIST#1 BNAI BRITH CAMP OREGON FOOD BANK HOSANNA CHRISTIAN SCHL ABIQUA SCHL Auxiliary services Salem keizar school district Scio High School Athena Weston School District 29RJ Butte Falls School District Bend International School Imbler School District #11 monument school PENDLETON SCHOOL DISTRICT #16R Ohara Catholic School MARCOLA SCHOOL DISTRICT 079J LINN-BENTON-LINCOLN ESD Reynolds High School St. Paul School District Sabin-Schellenberg Technical Center St Paul Parish School Joseph School District EagleRidge High School Grant Community School Hope chinese charter Northwest Academy Sunny Wolf Charter School MCKENZIE SCHOOL DISTRICT 068 L'Etoiile French Immersion School LA GRANDE SCHOOL DISTRICT 001 FOSSIL SCHOOL DISTRICT 21J Marist Catholic High School Springfield Public Schools Elgin school dist. PLEASANT HILL SCH DIST #1 Ukiah School District 8011 Lake Oswego Montessori School North Powder Charter School Siletz Valley School ALLIANCE CHARTER ACADEMY French American School OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR 353 Mastery Learning Institute OR North Lake School District 14 OR Early College High School OR GILLIAM COUNTY OREGON OR UMATILLA COUNTY, OREGON OR DOUGLAS ELECTRIC COOPERATIVE, OR INC. OR MULTNOMAH LAW LIBRARY OR clackamas county OR CLATSOP COUNTY OR COLUMBIA COUNTY, OREGON OR coos county OR CROOK COUNTY ROAD DEPARTMENT OR CURRY COUNTY OREGON OR DESCHUTES COUNTY OR GILLIAM COUNTY OR GRANT COUNTY, OREGON OR HARNEY COUNTY SHERIFFS OFFICE OR HOOD RIVER COUNTY OR jackson county OR josephine county OR klamath county OR LANE COUNTY OR LINN COUNTY OR MARION COUNTY, SALEM, OREGON OR MULTNOMAH COUNTY OR SHERMAN COUNTY OR WASCO COUNTY OR YAMHILL COUNTY OR WALLOWA COUNTY OR ASSOCIATION OF OREGON COUNTIES OR NAMI LANE COUNTY OR BENTON COUNTY OR DOUGLAS COUNTY OR JEFFERSON COUNTY OR LAKE COUNTY OR LINCOLN COUNTY OR POLK COUNTY OR UNION COUNTY OR WASHINGTON COUNTY OR MORROW COUNTY OR Mckenzie Personnel Services OR Washington County Facilities & Park Services OR Multnomah County Department of Community Justice OR NORCOR Juvenile Detention OR Tillamook County Estuary OR Job Council OR BAKER CNTY GOVT OR TILLAMOOK CNTY OR CLACKAMS COUNTY COMMUNITY CORRECTIONS OR Multnomah County Dept of County Assets OR Wheeler County OR Clackamas County Service District # 1/Tri-City Service District OR Resource Connections of Oregon OR Lane County Sheriff's Office OR Clatsop County Sheriff's Office OR Harney County Community Corrections OR Grant County Economic Developement OR Josephine County Public Works OR Clackamas County Juvenile Dept OR Columbia Basin Care Facility OR City of Seaside Police Department OR Tamarack Aquatic Center OR Seven Feathers Casino OR Direction Service, Inc. OR Oliver P Lent PTA OR Kairos OR Willamette Valley Rehab Center OR St Paul Baptist Church OR Long Tom Watershed Council OR San Martin Deporres Catholic Church OR Portland Parks Foundation OR Sweet Home United Methodist Church OR Math Learning Center, The OR Maranatha Church OR Cedar Hills Baptist Church OR Good Samaritan Ministries OR Unitarian Universalist Church in Eugene OR Emmanuel Bible Church OR 354 Portland Community Media OR La Pine Chamber of Commerce OR Stone Creek Christian Church OR Rogue Valley Youth Football OR Bend Elks Lodge 1371 OR Friendly House, Inc. OR Klamath Siskiyou Wildlands Center OR Grace Christian Fellowship OR Grants Pass Seventh -day Adventist OR Church OR Corvallis Waldorf School OR Farmworkers Housing Development Corporation OR World Forestry Center OR Adapt OR Kid Time OR Oregon Farm Bureau OR Mt Emily Safe Center OR Salem First Presbyterian Church OR Rolling Hills Baptist Church OR Baker Elks OR Gates Community Church of Christ OR PIP Corps LLC OR Turtle Ridge Wildlife Center OR Grande Ronde Model Watershed OR Foundation OR Western Environmental Law Center OR Oregon District 7 Little League OR Mercy Flights, Inc. OR Metropolitan Contractor Improvement Partnership OR The Christian Church of Hillsboro Oregonb OR Congregation Neveh Shalom OR My Fathers House OR Step Forward Activities Inc OR HHoly Trinity Greek Orthodox Cathedral OR MECOP Inc. OR Workforce Northwest Inc OR Lane Arts Council OR Building Healthy Family OR Intergral Youth Services OR Children Center At Trinity OR OUR SAVIOR'S LUTHERAN CHURCH OR Beaverton Christians Church OR Oregon Humanities OR St. Pius X School OR Community Connection of Northeast Oregon, Inc. OR St Mark Presbyterian Church OR Living Opportunities, Inc. OR Coos Art Museum OR OETC OR Blanchet House of Hospitality OR Garten Services Inc OR Incite Incorporated OR Merchants Exchange of Portland, OR Oregon OR Coalition for a Livable Future OR West Salem United Methodist OR Rogue River Watershed Council OR Central Oregon Visitors Association OR Soroptimist International of Gold OR Beach, OR OR Real Life Christian Church OR Milwaukie-Portland Lodge No.142 Benevolent and Protective Order of Elk OR Mainstage Theatre Company OR Dayton Christian Church OR Delphian School OR AVON OR EPUD-Emerald People's Utility District OR Human Solutions, Inc. OR The Wallace Medical Concern OR Boys & Girls Club of Salem, Marion & Polk Counties OR The Ross Ragland Theater and Cultural Center OR Cascade Health Solutions OR Umpqua Community Health Center OR ALZHEIMERS NETWORK OF OREGON OR NATIONAL WILD TURKEY FEDERATION OR TILLAMOOK ESTUARIES PARTNERSHIP OR LIFEWORKS NW OR 355 Independent Development Enterprise Alliance OR MID -WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC OR HALFWAY HOUSE SERVICES, INC. OR REDMOND PROFICIENCY ACADEMY OR OHSU FOUNDATION OR SHELTERCARE OR PRINGLE CREEK SUSTAINABLE LIVING OR CENTER OR PACIFIC INSTITUTES FOR RESEARCH OR Mental Health for Children, Inc. OR The Dreaming Zebra Foundation OR LAUREL HILL CENTER OR THE OREGON COMMUNITY FOUNDATION OR OCHIN OR WE CARE OREGON OR SE WORKS OR ENTERPRISE FOR EMPLOYMENT AND OR EDUCATION OR OMNIMEDIX INSTITUTE OR PORTLAND BUSINESS ALLIANCE OR GATEWAY TO COLLEGE NATIONAL OR NETWORK OR FOUNDATIONS FOR A BETTER OREGON OR GOAL ONE COALITION OR I_11I71aill/e\I1 ]M-11:J118IR1:101100 ASSOCIATION OR Coastal Family Health Center OR CENTER FOR COMMUNITY CHANGE OR STAND FOR CHILDREN OR ST. VINCENT DEPAUL OF LANE COUNTY OR EAST SIDE FOURSQUARE CHURCH OR CORVALLIS MOUNTAIN RESCUE UNIT OR InventSuccess OR SHERIDAN JAPANESE SCHOOL OR FOUNDATION OR The Blosser Center for Dyslexia OR Resources OR MOSAIC CHURCH OR HOUSING AUTHORITY OF LINCOLN OR COUNTY OR RENEWABLE NORTHWEST PROJECT OR INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION OR CONSERVATION BIOLOGY INSTITUTE OR THE NATIONAL ASSOCIATION OF OR CREDIT MANAGEMENT -OREGON, INC. OR BLACHLY LANE ELECTRIC COOPERATIVE OR MORNING STAR MISSIONARY BAPTIST OR CHURCH OR NORTHWEST FOOD PROCESSORS OR ASSOCIATION OR INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON OR OREGON EDUCATION ASSOCIATION OR HEARING AND SPEECH INSTITUTE INC OR SALEM ELECTRIC OR MORRISON CHILD AND FAMILY SERVICES OR JUNIOR ACHIEVEMENT OR CENTRAL BIBLE CHURCH OR MID COLUMBIA MEDICAL CENTER- GREAT'N SMALL OR TRILLIUM FAMILY SERVICES, INC. OR YWCA SALEM OR PORTLAND ART MUSEUM OR SAINT JAMES CATHOLIC CHURCH OR SOUTHERN OREGON HUMANE SOCIETY OR VOLUNTEERS OF AMERICA OREGON OR CENTRAL DOUGLAS COUNTY FAMILY YMCA OR METROPOLITAN FAMILY SERVICE OR OREGON MUSUEM OF SCIENCE AND INDUSTRY OR FIRST UNITARIAN CHURCH OR ST. ANTHONY CHURCH OR Good Shepherd Medical Center OR Salem Academy OR GEN CONF OF SDA CHURCH WESTERN OR OR PORTLAND ADVENTIST ACADEMY OR ST VINCENT DE PAUL OR OUTSIDE IN OR 356 UNITED CEREBRAL PALSY OF OR AND SW WA OR WILLAMETTE VIEW INC. OR PORTLAND HABILITATION CENTER, PLANNED PARENTHOOD OF INC. OR OREGON STATE UNIVERSITY ALUMNI HOUSING NORTHWEST ASSOCIATION OR ROSE VILLA, INC. OR NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA ROGUE FEDERAL CREDIT UNION Oregon Research Institute WILLAMETTE LUTHERAN HOMES, INC LANE MEMORIAL BLOOD BANK PORTLAND JEWISH ACADEMY LANECO FEDERAL CREDIT UNION GRANT PARK CHURCH ST. MARYS OF MEDFORD, INC. US CONFERENCE OF MENONNITE BRETHREN CHURCHES FAITHFUL SAVIOR MINISTRIES OREGON CITY CHURCH OF THE NAZARENE OREGON COAST COMMUNITY ACTION EDUCATION NORTHWEST COMMUNITY ACTION TEAM, INC. EUGENE SYMPHONY ASSOCIATION, INC. STAR OF HOPE ACTIVITY CENTER INC. SPARC ENTERPRISES SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC. SALEM ALLIANCE CHURCH Lane Council of Governments FORD FAMILY FOUNDATION TRAILS CLUB NEWBERG FRIENDS CHURCH WOODBURN AREA CHAMBER OF COMMERCE CONTEMPORARY CRAFTS MUSEUM AND GALLERY CITY BIBLE CHURCH OREGON LIONS SIGHT & HEARING FOUNDATION PORTLAND WOMENS CRISIS LINE THE SALVATION ARMY - CASCADE DIVISION WILLAMETTE FAMILY WHITE BIRD CLINIC OR GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES OR PLANNED PARENTHOOD OF OR SOUTHWESTERN OREGON OR HOUSING NORTHWEST OR OREGON ENVIRONMENTAL COUNCIL OR MEALS ON WHEELS PEOPLE, INC. OR FAITH CENTER OR Bob Belloni Ranch, Inc. OR GOOD SHEPHERD COMMUNITIES OR SACRED HEART CATHOLIC DAUGHTERS HELP NOW! ADVOCACY CENTER OR TENAS ILLAHEE CHILDCARE CENTER OR SUNRISE ENTERPRISES OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR LOOKING GLASS YOUTH AND FAMILY SERVICES OR SERENITY LANE OR EAST HILL CHURCH OR LA GRANDE UNITED METHODIST CHURCH COAST REHABILITATION SERVICES Edwards Center Inc OR OR OR OR OR OR OR OR OR OR 357 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES OR NEW HOPE COMMUNITY CHURCH OR KLAMATH HOUSING AUTHORITY OR QUADRIPLEGICS UNITED AGAINST OR DEPENDENCY, INC. OR SPONSORS, INC. OR COLUMBIA COMMUNITY MENTAL HEALTH OR ADDICTIONS RECOVERY CENTER, INC OR OR OR OR OR OR OR OR OR OR 357 METRO HOME SAFETY REPAIR SEXUAL ASSAULT RESOURCE CENTER OR PROGRAM OR IRCO OR OREGON SUPPORTED LIVING NORTHWEST YOUTH CORPS OR PROGRAM OR TILLAMOOK CNTY WOMENS CRISIS SOUTH COAST HOSPICE, INC. OR CENTER OR ALLFOURONE/CRESTVIEW SECURITY FIRST CHILD DEVELOPMENT CONFERENCE CTR. OR CENTER OR The International School OR CLASSROOM LAW PROJECT OR REBUILDING TOGETHER - PORTLAND YOUTH GUIDANCE ASSOC. OR INC. OR PREGNANCY RESOUCE CENTERS OF PENDLETON ACADEMIES OR GRETER PORTLAND OR PACIFIC FISHERY MANAGEMENT ELMIRA CHURCH OF CHRIST OR COUNCIL OR JASPER MOUNTAIN OR DOGS FORTH E DEAF, INC. OR ACUMENTRA HEALTH OR PUBLIC DEFENDER SERVICES OF LANE WORKSYSTEMS INC OR COUNTY, INC. OR COVENANT CHRISTIAN HOOD RIVER OR EMMAUS CHRISTIAN SCHOOL OR OREGON DONOR PROGRAM OR DELIGHT VALLEY CHURCH OF CHRIST OR NAMI OREGON OR SAINT CATHERINE OF SIENA CHURCH OR OLIVET BAPTIST CHURCH OR PORT CITY DEVELOPMENT CENTER OR SILVERTON AREA COMMUNITY AID OR VIRGINIA GARCIA MEMORIAL HEALTH CONFEDERATED TRIBES OF GRAND CENTER OR RONDE OR CENTRAL CITY CONCERN OR NEIGHBORIMPACT OR CANBY FOURSQUARE CHURCH OR CATHOLIC COMMUNITY SERVICES OR EMERALD PUD OR NEW AVENUES FOR YOUTH INC OR VERMONT HILLS FAMILY LIFE CENTER OR LA CLINICA DEL CARINO FAMILY BENTON HOSPICE SERVICE OR HEALTH CARE CENTER OR INTERNATIONAL SOCIETY FOR DECISION SCIENCE RESEARCH TECHNOLOGY IN EDUCATION OR INSTITUTE, INC. OR COMMUNITY CANCER CENTER OR WESTERN STATES CENTER OR OPEN MEADOW ALTERNATIVE HIV ALLIANCE, INC OR SCHOOLS, INC. OR PARTNERSHIPS IN COMMUNITY CASCADIA BEHAVIORAL HEALTHCARE OR LIVING, INC. OR WILD SALMON CENTER OR FANCONI ANEMIA RESEARCH FUND BROAD BASE PROGRAMS INC. OR INC. OR SUNNYSIDE FOURSQUARE CHURCH OR BLIND ENTERPRISES OF OREGON OR TRAINING EMPLOYMENT OREGON BALLETTHEATRE OR CONSORTIUM OR SMART OR RELEVANT LIFE CHURCH OR All God's Children International OR 211INFO OR FARMWORKER HOUISNG DEV CORP OR SONRISE CHURCH OR UMPQUA COMMUNITY LIVING WAY FELLOWSHIP OR DEVELOPMENT CORPORATION OR Women's Safety & Resource Center OR REGIONAL ARTS AND CULTURE OR 358 COUNCIL OREGON PROGRESS FORUM OR THE EARLY EDUCATION PROGRAM, CENTER FOR RESEARCH TO PRACTICE OR INC. OR WESTERN RIVERS CONSERVANCY OR MACDONALD CENTER OR UNITED WAY OF THE COLUMBIA EVERGREEN AVIATION MUSEUM AND WILLAMETTE OR CAP. MICHAEL KING. OR EUGENE BALLET COMPANY OR SELF ENHANCEMENT INC. OR EAST WEST MINISTRIES FRIENDS OF THE CHILDREN OR INTERNATIONAL OR SOUTH LANE FAMILY NURSERY DBA SISKIYOU INITIATIVE OR FAMILY RELIEF NURSE OR EDUCATIONAL POLICY IMPROVEMENT COMMUNITY VETERINARY CENTER OR CENTER OR PORTLAND SCHOOLS FOUNDATION OR North Pacific District of Foursquare SUSTAINABLE NORTHWEST OR Churches OR OREGON DEATH WITH DIGNITY OR CATHOLIC CHARITIES OR BIRCH COMMUNITY SERVICES, INC. OR FIRST CHURCH OF THE NAZARENE OR BAY AREA FIRST STEP, INC. OR WESTSIDE BAPTIST CHURCH OR OSLC COMMUNITY PROGRAMS OR Housing Development Center OR EN AVANT, INC. OR Hoodview Christian Church OR ASHLAND COMMUNITY HOSPITAL OR Child Evangelism Fellowship OR NORTHWEST ENERGY EFFICIENCY Little Promises Chlildren's Program OR ALLIANCE OR UNION GOSPEL MISSION OR BONNEVILLE ENVIRONMENTAL GRACE BAPTIST CHURCH OR FOUNDATION OR COMMUNITY ACTION ORGANIZATION OR SUMMIT VIEW COVENANT CHURCH OR OUTSIDE IN OR SALMON -SAFE INC. OR MAKING MEMORIES BREAST CANCER BETHEL CHURCH OF GOD OR FOUNDATION, INC. OR PROVIDENCE HOOD RIVER MEMORIAL ELAW OR HOSPITAL OR COMMUNITY HEALTH CENTER, INC OR SAINT ANDREW NATIVITY SCHOOL OR Greater Portland INC OR BARLOW YOUTH FOOTBALL OR Eugene Builders Exchange OR SPOTLIGHT THEATRE OF PLEASANT Boys & Girls Club of Corvallis OR HILL OR Southeast Uplift Neighborhood FAMILIES FIRST OF GRANT COUNTY, Coalition OR INC. OR First United Presbyterian Church OR TOUCHSTONE PARENT ORGANIZATION OR PDX Wildlife OR CANCER CARE RESOURCES OR Friends of the Opera House OR CASCADIA REGION GREEN BUILDING Jackson -Josephine 4-C Council OR COUNCIL OR North Coast Family Fellowship OR SHERMAN DEVELOPMENT LEAGUE, INC. OR P E C I OR Childswork Learning Center OR SCIENCEWORKS OR Portland Schools Alliance OR WORD OF LIFE COMMUNITY CHURCH OR SOCIAL VENTURE PARTNERS New Artists Performing Arts PORTLAND OR Productions, Inc. OR 359 Relief Nursery St. Mary's Episcopal Church Viking Sal Senior Center Boys and Girls Club of the rogue valley Lincoln City Chamber of Commerce DrupalCon Inc., DBA Drupal Association Albany Partnership for Housing and Community Development SEED OF FAITH MINISTRIES Hermiston Christian Center & School SALEM FREE CLINICS Dress for Success Oregon Beaverton Rock Creek Foursquare Church St Paul Catholic Church St Mary's Catholic School and Parish Polk Soil and Water Conservation District Street Ministry La Grande Church of the Nazarene Spruce Villa, Inc. OREGON SCHOOL BOARDS ASSOCIATION House of Prayer for All Nations Sacred Heart Catholic Church African American Health Coaliton, Inc. Happy Canyon Company Village Home Education Resource Center Monet's Children's Circle Cascade Housing Association Dayspring Fellowship Northwest Habitat Institute Winding Waters Medical Clinic First Baptist Church The Nature Conservancy, Willamette Valley Field Office Serenity Lane Health Services OR College United Methodist Church OR The Collins Foundation OR Prince of Peace Lutheran Church & OR School OR NEDCO Salem Evangelical Church OR Wild Lilac Child Development Community OR Daystar Education, Inc. OR Oregon Social Learning Center OR Pain Society of Oregon OR environmental law alliance worldwide OR Eugene Country Club Community in Action OR Safe Harbors OR FIRST CHRISTIAN CHURCH OR Pacific Classical Ballet Depaul Industries OR African American Health Coalition OR Jesus Prayer Book OR Coalition Of Community Health OR River Network CCI Enterprises Inc OR Oregon Nurses Association OR GOODWILL INDUSTRIES OF THE OR COLUMBIA WILLAMETTE OR Mount Angel Abbey OR YMCA OF ASHLAND OR OR OR OR OR OR OR OR OR Portland Community Reinvestment Initiatives, Inc. OR Christians As Family Adovates OR GeerCrest Farm & Historical Society OR YMCA OF COLUMBIA -WILLAMETTE ASSOCIATION SERVICES Multnomah Law Library Friends Of Tryon Creek State P Ontrack Inc. Calvin Presbyterian Church HOLT INTL CHILD St John The Baptist Catholic Portland Foursquare Church Portland Christian Center Church Extension Plan Occu Afghanistan Relief Effort EUGENE FAMILY YMCA Christ The King Parish and School Newberg Christian Church OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR 360 First United Methodist Church OR Western Wood Products Association OR Zion Lutheran Church OR Grace Baptist Church of St. Helens, Lil Southwest Bible Church OR Learners Preschool OR Community Works Inc OR THE NEXT DOOR OR Masonic Lodge Pearl 66 OR NATIONAL PSORIASIS FOUNDATION OR Molalla Nazarene Church OR NEW BEGINNINGS CHRISTIAN CENTER OR Transition Projects, Inc OR HIGHLAND UNITED CHURCH OF CHRIST OR St Michaels Episcopal Church OR OREGON REPERTORY SINGERS OR Saint Johns Catholich Church OR HIGHLAND HAVEN OR Access Inc OR FAIR SHARE RESEARCH AND Community Learning Center OR EDUCATION FUND OR Old Mill Center for Children and Oregon Satsang Society, Inc., A Families OR chartered Affiliate of ECKANKAR, ECKA OR Sunny Oaks Inc OR First Baptist Church of Enterprise OR Hospice Center Bend La Pine OR The Canby Center OR Westside Foursquare Church OR REDMOND FIRE & RESCUE OR Relief Nursery Inc OR Instituto de Cultura y Arte In Xochitl In Morning Star Community Church OR Cuicatl OR MULTNOMAH DEFENDERS INC OR McKenzie Personnel Systems OR Providence Health System OR OSLC COMMUNITY PROGRAMS OCP OR Holy Trinity Catholic Church OR Oregon Nikkei Endowment OR Holy Redeemer Catholic Church OR Grace Community Church OR Alliance Bible Church OR Eastern Oregon Alcoholism Foundation OR CARE OREGON OR Grantmakers for Education OR Mid Columbia Childrens Council OR The Spiral Gallery OR HUMANE SOCIETY OF REDMOND OR The ALS Association Oregon and SW Our Redeemer Lutheran Church OR Washington Chapter OR Kbps Public Radio OR Children's Relief Nursery OR Skyball Salem Keizer Youth Bas OR Home Builders OR Open Technology Center OR New Life Baptist Church OR Grace Chapel OR Feral Cat Awareness Team OR CHILDREN'S MUSEUM 2ND OR Florence United Methodist Church OR Solid Rock OR World of Speed OR West Chehalem Friends Church OR SW Community Health Center OR Guide Dogs For The Blind OR Energy Trust of Oregon OR Aldersgate Camps and Retreats OR St. Vincent de Paul Church OR St. Katherine's Catholic Church OR Fr. Bernard Youth Center OR The Alliance NW of the Christian & Oregon Psychoanalytic Center OR Missionary Alliance OR Store to Door OR Bags of Love OR Oregon Translational Research and Grand View Baptist Church OR Development Insitute OR Green Electronics Council OR Depaul Industries OR Scottish Rite OR 361 OUR LADY OF PERPETUAL HELP CATHOLIC CHURCH ALBANY OREGON OR SELCO Community Credit Union OR Prairie Baptist Church OR North Coast Christian Church OR Willamette Leadership Academy/Pioneer Youth Corps Of Oregon OR Rose Haven OR Dallas Church OR Union County Economic Development OREGON STATE UNIVERSITY Corp. OR BOOKSTORE INC OR Camelto Theatre Company OR NORTH WILLAMETTE VALLEY HABITAT Camp Fire Columbia OR FOR HUMANITY OR TAKE III OUTREACH OR FAIRFIELD BAPTIST CHURCH OR Rolling Hills Community Church OR Sexual Assault Support Services OR Eugene Swim and Tennis Club OR Neskowin Valley School OR Summa Institute OR RON WILSON CENTER FOR EFFECTIVE Amani Center OR LIVING INC OR Billy Webb Elks lodge #1050 OR St. Joseph Shelter OR Silverton Senior Center OR The Inn Home for Boys, Inc.9138 OR First Evangelical Presbyterian Church MCKENZIEWATERSHED COUNCIL OR of Oregon City OR Opportunity Connections OR Joyful Servant Lutheran Church OR MENNONITE HOME OF ALBANY INC OR Sandy Seventh -day Adventist Church OR Oregon Technical Assistance Muddy Creek Charter School OR Corporation OR A FAMILY FOR EVERY CHILD OR Oregon And Southern Idaho Laborers PORT OF CASCADE LOCKS OR Employers Training School OR 1000 FRIENDS OF OREGON OR New Life Fellowship Church of God OR OREGON PEDIATRIC SOCIETY OR Gladstone Senior Center OR NONPROFIT ASSOCIATION OF OREGON OR Education Travel & Culture, Inc. OR LUKE DORF INC OR Rural Development Initiatives OR FAMILY CARE INC OR Jason Lee Manor/UMRC OR MEDICAL TEAMS INTL OR Jesus Pursuit Church OR Clean Slate Canine Rescue & YMCA of Marion and Polk Counties OR Rehabilitation OR Urban Gleaners OR St. Martins Episcopal church OR PacificSource Health OR Food for Lane County OR Faith Christian Fellowship OR Clatsop Behavioral Healthcare OR Brookings Elks Lodge OR West Coast Haunters Convention OR Tualatin Lacrosse Club OR columbia gorge discovery center and Tillamook Seventh Day Adventist museum OR Church OR NAMI of Washington County OR Oregon Jewish Community Foundation OR American Legion Aloha Post 104 OR East River Fellowship OR The Dalles Art Association OR Holy Family Academy OR Temple Beth Israel OR FIRST BAPTIST CHURCH OF EUGENE OR PORTLAND METRO RESIDENTIAL SERVICES OR Otyl Peace Lutheran Church OR CASA of Marion County OR Living Word Christian Center OR Oregoinans for Food & Shelter OR Housing Authority of Douglas County OR Westside Church of Christ Inc OR Vietnamese Christian Community Northwest Family Services OR Church OR Network Charter School OR Forest Park Conservancy OR Ride Connecton OR Friends for Animals OR Parenting Now! OR Family Building Blocks OR Christian Church of Woodburn OR Greenleaf Industries OR Verde OR Ananda Center at Laurelwood OR Native American Youth and Family Goodwill Industries of Lane and South Center Early College Academy OR Coast OR USO Northwest OR RB Pamplin Corportaion OR Norkenzie Christian Church OR Agia Sophia Academy OR Little Flower Development Center OR Friends of Driftwood Library OR TLO Farms OR Consumers Power Inc. OR Evergreen Wings and Waves OR A. C. Gilbert's Discovery Village OR Ascension Episcopal Parish OR First Lutheran Church of Astoria OR Center for Family Development OR Fund For Christian Charity OR West Salem Foursquare Church OR Deer Meadow Assisted Living OR Good Samaritan Ministry OR Oregon Laborers-Employer Grace Lutheran Church of Molalla OR Administrative Fund, LLC OR Trinity Lutheran OR Umpqua Basin Water Association OR HOPE LUTHERAN CHURCH OR Alpha Lambda House Corporation OR Mount Pisgah Arboretum OR St John Fisher Catholic Church Portland Redeemer Lutheran Church OR Oregon OR Disjecta Contemporary Art Center OR Eugene Creative Care OR Korean Central Covenant Church of The Church of Christ of Latter Day Eugene OR Saints OR Yankton Baptist Church OR Cascade Height Public Charter School BioGift Anatomical OR PTA OR Lower Columbia Estuary Partnership OR G.O.B.H.I OR Mt Hood Hospice OR Association of Oregon Corrections Opportunity Foundation of central EMployees, Inc. OR Oregon OR A Jesus Church Family OR Constructing Hope OR 300 Main Inc OR Sprinkfield Elks #2145 OR Southwestern Oregon Public Defender Abuse Recovery Ministry & Services OR Services, Inc. OR Oasis Shelter Home OR Albertina Kerr Centers OR ST HENRYS CHURCH OR Dufur Christian Church OR Nehalem Bay House OR St. Matthew Catholic School OR UNITED METHODIST CHURCH OR Serendipity Center Inc OR p:ear OR Yellowhawk Tribal Health OR Health Share of Oregon OR 363 St. Peter Catholic Church OR Salem Area Chamber of Commerce OR Mid Willamette Valley Community First Congregational Chrch OR Action OR OREGON STATE FAIR OR A Hope For Autism Foundation OR Tri -County Chamber of Commerce Inc OR NW Sport Fishing OR Ronald McDonald House Charities of Breast Friends OR Oregon & Southwest Washington OR ScienceWorks Museum OR Center for Human Development OR Willamette Neighborhood Housing SafeHaven Humane Society OR Services OR Rainier Assembly of God OR South Salem High Music Boosters OR EUGENE CHRISTIAN FELLOWSHIP OR SEPTL Southeast Portland Tool Library OR Bridges to Change OR Kids Unllimited Academy OR DePaul Treatment Centers, Inc. OR Cappella Romana OR Ministerio International Casa OR National Christian Community New Paradise Worship Center OR Foundation OR Mission Increase Foundation OR Legal Aid Services of Oregon LITC OR Curry Public Transit Inc OR The Sunriver Owners Association OR THREE RIVERS CASINO OR Willamette Valley Babe Ruth OR Brookings Harbor Christian School OR Center For Continuous Improvement OR Local 290 OR Northwest Center for Alternatives to Hope Church of The Assemblies of God Pesticides OR Albany Oregon OR Junction City/Harrisburg/Monroe Sherwood Community Friends Church OR Habitat for Humanity OR Bethesda Lutheran Church OR The Followers of Christ Church of Legacy Mt. Hood Medical Center OR Oregon City OR Adelante Mujeres OR SEIU Local 49 OR Yamhill Community Care Organization OR Emerald Media Group OR Trinity United Methodist Church OR West Hills Christian School OR Portland Japanese Garden OR Trillium Sprigs OR The Madeleine Parish OR Smith Memorial Presbyterian Church OR The Tucker -Maxon Oral School OR Western Arts Alliance OR Southwest Neighborhoods, Inc OR Youth Dynamics OR Wallowa Valley Center For Wellness OR Ashland Art Center OR KIDS INTERVENTION AND DIAGNOSTIC Apostolic Church of Jesus Christ OR CENTER OR DOUGLAS FOREST PROTECTIVE OR Joy Church Eugene OR Oregon Lyme Disease Network OR Portland Yacht Club OR Ecotrust OR League of Women Voters OR SPECIAL MOBILITY SERVICES OR Oregon & Southern Idaho District Bethlehem Christian Pre -School OR Council of Laborers' OR Historical Outreach Foundation OR Portland Police Sunshine Division OR Teras Interventions and Counseling Inc OR Curry Health Network OR Brooklyn Primary PTO OR United Way of Lane County OR Mountain View Academy OR The Lighthouse School OR 364 Olive Plaza OR Treasure Valley Community College OR Rogue Valley Humane Society OR Institute of Technology OR Great Portland Bible OR Unviersity of Oregon OR College Possible OR OREGON UNIVERSITY SYSTEM OR Unithed Way OR University of Western States OR Community Energy Project OR GEORGE FOX UNIVERSITY OR Bridgeport Community Chapel OR LEWIS AND CLARK COLLEGE OR Oswego Lake Country Club OR PACIFIC UNIVERSITY OR La Grande Foursquare Church OR REED COLLEGE OR Portland Oregon Visitors Association OR WILLAMETTE UNIVERSITY OR Barter Union International OR LINFIELD COLLEGE OR Southern Oregon Project Hope OR MULTNOMAH BIBLE COLLEGE OR Our United Villages OR NORTHWEST CHRISTIAN COLLEGE OR Youth M.O.V.E. Oregon OR NATIONAL COLLEGE OF NATURAL Samaritan Health Services Inc. OR MEDICINE OR Santiam Assembly of God OR BLUE MOUNTAIN COMMUNITY CASCADES WEST FINANCIAL SERVICES COLLEGE OR IN OR PORTLAND STATE UNIV. OR Kilchis House OR CLACKAMAS COMMUNITY COLLEGE OR Calvary Assembly of God OR MARYLHURST UNIVERSITY OR Lake Grove Presbyterian Church OR OREGON HEALTH AND SCIENCE Grace Lutheran School OR UNIVERSITY OR Western Mennonite School OR BIRTHINGWAY COLLEGE OF OEA CHOICE TRUST OR MIDWIFERY OR pacific u OR American Tinnitus Association OR Oregon Coast Aquarium, Inc. OR UNIVERSITY OF OREGON OR HOPE POINT CHURCH OR CONCORDIA UNIV OR Unitus Community Credit Union OR Marylhurst University OR Corban College OR St John the Baptist Greek Orthodox Church OR NORTH MARION SCHL DIST OR Oregon Independent Automobile University of Oregon - Purchasing and Dealers Association OR Contracting Services OR Oregon Center For Advanced T OR COLUMBIA PACIFIC ECONOMIC DEVELOPMENT DISTRICT OF OREGON OR UNIVERSITY OF PORTLAND OR St Andrews Presbyterian OR Portland Actors Conservatory OR Oregon Rural Electric Cooperative University Of Oregon Athletics Association OR Department OR Ecola Bible School OR THE MILL CASINO OR Gateway Prebyterian Church OR WARNERPACIFIC COLG OR Beta Omega Alumnae OR Oregon Jewish Museum and Center for Holoacust Education OR Oregon Institute of Technology OR Northwest Opening OR EASTERN OREGON UNIVERSITY OR Wilco Farmers OR Oregon State University OR 365 Harvest Church Sociecty of American Foresters Clackamas River Water Providers eickhoff dev co inc Cornerstone Association Inc The Klamath Tribe advocate care Cannon Beach Fire Life Flight Network LLC OREGON DEPT OF FISH & WILDLIFE- SAUVIE COVENANT RETIREMENT COMMUNITIES PENTAGON FEDERAL CREDIT UNION SAIF CORPORATION OR Shangri La OR Portland Impact OR Eagle Fern Camp OR KLAMATH FAMILY HEAD START OR RIVER CITY DANCERS OR Oregon Permit Technical Association OR KEIZER EAGLES AERIE 3895 OR Pgma/Cathie Bourne OR Sunrise Water Burns Paiute Tribe OR Oregon Public Broadcasting La Grande Family Practice OR OR OR GREATER HILLSBORO AREA CHAMBER OF COMMERCE OR LANE ELECTRIC COOPERATIVE OR USAGENCIES CREDIT UNION OR PACIFIC CASCADE FEDERAL CREDIT UNION LOCAL GOVERNMENT PERSONNEL INSTITUTE GRANTS PASS MANAGEMENT SERVICES, DBA SPIRIT WIRELESS Kartini Clinic Astra Beit Hallel Cva Ico Elderhealth and Living OREGON CORRECTIONS ENTERPRISES OREGON STATE HOSPITAL OFFICE OF PUBLIC DEFENSE SERVICES Clatskanie People's Utility District PIONEER COMMUNITY DEVELOPMENT MARION COUNTY HEALTH DEPT Ricoh USA Heartfelt Obstetrics & Gynecology Coquille Economic Development Corporation CITY/COUNTY INSURANCE SERVICE COMMUNITY CYCLING CENTER OR Nil OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR Linn Benton Lincoln Educational Services District SHERMAN COUNTY SCHOOL DISTRICT Ricoh USA Sphere MD BIENESTAR, INC. Solutins Yes sunrise water authority Mountain Valley Therapy EAstern Oregon Trade and Event Center Waste -Pro NPKA IBEW280 Confederated Tribes of Warm Springs Point West Credit Union Oregon State Credit Union PIONEER TELEPHONE COOPERATIVE Halsey -Shedd Fire District Northwest Power and Conservation Council Oregon Funeral Directors Association Nez Perce Tribe Obsidian Urgent Care, P.C. First Presbyterian Church of La Grande CONFLUENCE ENVIRONMENTAL CENTE A&I Benefit Plan Administrators, Inc. K Churchill Estates CSC HEAD START NORTHWEST VINTAGE CAR AND MOTORCYCLE OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR M 366 crescent grove cemetery OR IONE HIGH SCHOOL OR Port of Toledo OR Roseburg Police Department OR Molalla Rural Fire Protection District OR MONMOUTH - INDEPENDENCE NETWORK OR EUGENE WATER & ELECTRIC BOARD OR MALIN COMMUNITY PARK AND RECREATION DISTRICT OR TILLAMOOK PEOPLES UTILITY DISTRICT OR GLADSTONE POLICE DEPARTMENT OR GOLD BEACH POLICE DEPARTMENT OR IISM Ia01DAM 001427_l:]INF-Al 0I07:7X HATATIIus] ► CENTER OR RIVERGROVE WATER DISTRICT OR TUALATIN VALLEY FIRE & RESCUE OR GASTON RURAL FIRE DEPARTMENT OR CITY COUNTY INSURANCE SERVICES OR SOUTH SUBURBAN SANITARY DISTRICT OR SOUTH FORK WATER BOARD OR SUNSET EMPIRE PARK AND RECREATION OR SPRINGFIELD UTILITY BOARD OR Tillamook Urban Renewal Agency OR Netarts Water District OR OAK LODGE SANITARY DISTRICT OR Boardman Rural Fire Protection OR District OR Tualatin Soil and Water Conservation OR District OR Silverton Fire District OR Lewis and Clark Rural Fire Protection OR District OR Rainbow Water District OR Illinois Valley Fire District OR Clatskanie RFPD OR PORT OF TILLAMOOK BAY OR TRI -COUNTY HEALTH CARE SAFETY NET ENTERPRISE OR METROPOLITAN EXPOSITION - OR RECREATION COMMISSION OR REGIONAL AUTOMATED INFORMATION NETWORK OR OAK LODGE WATER DISTRICT OR THE PORT OF PORTLAND OR WILLAMALANE PARK AND OR RECREATION DISTRICT OR TUALATIN VALLEY WATER DISTRICT OR UNION SOIL & WATER CONSERVATION DISTRICT OR LANE EDUCATION SERVICE DISTRICT OR TUALATIN HILLS PARK AND RECREATION DISTRICT OR PORT OF SIUSLAW OR CHEHALEM PARK AND RECREATION DISTRICT OR PORT OF ST HELENS OR LANE TRANSIT DISTRICT OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL OR HOODLAND FIRE DISTRICT NO.74 OR MID COLUMBIA COUNCIL OF GOVERNMENTS OR WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT OR SALEM AREA MASS TRANSIT DISTRICT OR Banks Fire District #13 OR KLAMATH COUNTY 9-1-1 OR GLENDALE RURAL FIRE DISTRICT OR COLUMBIA 911 COMMUNICATIONS DISTRICT OR CLACKAMAS RIVER WATER OR NW POWER POOL OR Lowell Rural Fire Protection District OR TriMet Transit OR Estacada Rural Fire District OR Keizer Fire District OR State Accident Insurance Fund Corporation OR Bend Metro Park & Recreation District OR Port of Hood River OR La Pine Park & Recreation District OR Brookings- HArbor School District 17c OR Siuslaw Public Library District OR 367 Tri-County Metropolitan CITY OF EUGENE OR Transportation District of Oregon CITY OF FAIRVIEW OR ("TriMet") OR CITY OF GEARHART OR Columbia River Fire & Rescue OR CITY OF GOLD HILL OR Fern Ridge Library District OR CITY OF GRANTS PASS OR Bend Park and Recreation District OR CITY OF GRESHAM OR Port of Garibaldi OR CITY OF HILLSBORO OR Seal Rock Water District OR CITY OF HOOD RIVER OR Rockwood Water P.U.D. OR CITY OF JOHN DAY OR Tillamook Fire District OR CITY OF KLAMATH FALLS OR Tillamook County Transportation Dist OR CITY OF LA GRANDE OR Central Lincoln People's Utility District OR CITY OF MALIN OR Jefferson Park and Recreation OR CITY OF MCMINNVILLE OR City of Monmouth / Public Works OR CITY OF HALSEY OR McMinnville Police Department OR CITY OF MEDFORD OR Long Creek School District OR CITY OF MILL CITY OR City of Sublimity OR CITY OF MILWAUKIE OR City of Central Point Parks and CITY OF MORO OR Recreation OR CITY OF MOSIER OR Gearhart Fire Department OR CITY OF NEWBERG OR Woodburn City Of OR CITY OF OREGON CITY OR Brookings Fire / Rescue OR CITY OF PILOT ROCK OR City of Veneta OR CITY OF POWERS OR CITY OF DAMASCUS OR RAINIER POLICE DEPARTMENT OR Hermiston Fire & Emergency Svcs OR CITY OF REEDSPORT OR CEDAR MILL COMMUNITY LIBRARY OR CITY OF RIDDLE OR CITY OF LAKE OSWEGO OR CITY OF SCAPPOOSE OR LEAGUE OF OREGON CITIES OR CITY OF SEASIDE OR CITY OF SANDY OR CITY OF SILVERTON OR CITY OF ASTORIA OREGON OR CITY OF STAYTON OR CITY OF BEAVERTON OR City of Troutdale OR CITY OF BOARDMAN OR CITY OF TUALATIN, OREGON OR CITY OF CANBY OR CITY OF WARRENTON OR CITY OF CANYONVILLE OR CITY OF WEST LINN/PARKS OR CITY OF CENTRAL POINT POLICE CITY OF WOODBURN OR DEPARTMENT OR CITY OF TIGARD, OREGON OR CITY OF CLATSKANIE OR CITY OF AUMSVILLE OR CITY OF CONDON OR CITY OF PORT ORFORD OR CITY OF COOS BAY OR CITY OF EAGLE POINT OR CITY OF CORVALLIS OR CITY OF WOOD VILLAGE OR CITY OF CRESWELL OR St. Helens, City of OR CITY OF ECHO OR CITY OF WINSTON OR CITY OF ESTACADA OR CITY OF COBURG OR 368 CITY OF NORTH PLAINS OR City of Sheridan OR CITY OF GERVAIS OR Seaside Public Library OR CITY OF YACHATS OR City of Yoncalla OR FLORENCE AREA CHAMBER OF La Grande Police Department OR COMMERCE OR Cove City Hall OR PORTLAND DEVELOPMENT NW PORTLAND INDIAN HEALTH COMMISSION OR BOARD OR CITY OF CANNON BEACH OR OR Portland Patrol Services OR CITY OF ST. PAUL OR City Of Bend OR CITY OF ADAIR VILLAGE OR City Of Coquille OR CITY OF WILSONVILLE OR City Of Molalla OR CITY OF HAPPY VALLEY OR ROCKWOOD WATER PEOPLE'S UTILITY CITY OF SHADY COVE OR DISTRICT OR CITY OF LAKESIDE OR City of St. Helens OR CITY OF MILLERSBURG OR City of North Powder OR CITY OF GATES OR City of Eugene OR KEIZER POLICE DEPARTMENT OR City of Cornelius, OR OR CITY OF DUNDEE OR Toledo Police Department OR CITY OF AURORA OR Springfield Public Library OR THE CITY OF NEWPORT OR City of Independence OR CITY OF ALBANY OR City of Cascade Locks OR CITY OF ASHLAND OR City of Columbia City OR CITY OF LEBANON OR City of Baker City OR CITY OF PORTLAND OR McMinnville Water & Light OR CITY OF SALEM OR City of Pendleton Parks & Recreation OR CITY OF SPRINGFIELD OR CITY OF HEPPNER OR METRO OR CITY OF SWEETHOME OR CITY OF BURNS OR CITY OF THE DALLES OR CITY OF COTTAGE GROVE OR CLACKAMAS FIRE DIST#1 OR CITY OF DALLAS OR DESCHUTES PUBLIC LIBRARY OR CITY OF FALLS CITY OR STAYTON FIRE DISTRICT OR CITY OF PHOENIX OR Lake County Chamber of Commerce CITY OF PRAIRIE CITY OR Inc OR City of Ontario OR CITY OF REDMOND OR City of Corvallis Parks and Recreation OR CITY OF SHERWOOD OR City of junction city OR North Lincoln Fire & Rescue #1 OR City of Florence OR Gresham Police Department OR Columbia Gorge Community OR City of Harrisburg OR City of Dayton OR Gladstone Public Library OR City of Carlton OR City of Portland Parks Bureau OR City of Pendleton Convention Center OR City of Astoria Parks Dept. OR City of Monmouth OR Seaside Fire & Rescue OR City of Philomath OR Florence Police Department OR 369 City Of North Bend OR NEAH KAH NIE WATER DISTRICT OR City of Union OR PORT OF UMPQUA OR City of Nehalem OR EAST MULTNOMAH SOIL AND WATER City of Richland OR CONSERVANCY OR CITY OF LINCOLN CITY OR Benton Soil & Water Conservation City of Donald OR District OR City of Milton-Freewater OR DESCHUTES PUBLIC LIBRARY SYSTEM OR CITY OF MADRAS OR CLEAN WATER SERVICES OR CITY OF SCIO OR North Douglas County Fire & EMS OR City of Forest Grove OR Crooked River Ranch Rural Fire City Govrnment OR Protection District OR City of Mt. Angel OR PARROTT CREEK CHILD & FAM OR Albany Police Department OR South Lane County Fire And Rescue OR Umatilla Electric Cooperative OR Mill City RFPD OR WATER ENVIRONMENT SERVICES OR Lake Chinook Fire & Rescue OR Polk County Fire District No.1 OR Clackamas County Water Environment Clatsop Care Health District-Clatsop Services OR Retirement Village OR Amity Fire District OR Netarts-Oceanside RFPD OR CENTRAL OREGON COMMUNITY UIUC OR COLLEGE OR Rogue River Fire District OR UMPQUA COMMUNITY COLLEGE OR Aurora Rural Fire District OR LANE COMMUNITY COLLEGE OR Tillamook County Emergency MT. HOOD COMMUNITY COLLEGE OR Communications District OR LINN-BENTON COMMUNITY COLLEGE OR Southern Coos Hospital OR SOUTHWESTERN OREGON Oregon Cascades West Council of COMMUNITY COLLEGE OR Governments OR PORTLAND COMMUNITY COLLEGE OR MULTONAH COUNTY DRAINAGE CHEMEKETA COMMUNITY COLLEGE OR DISTRICT#1 OR ROGUE COMMUNITY COLLEGE OR PORT OF BANDON OR COLUMBIA GORGE COMMUNITY OR INT'L PORT OF COOS BAY OR COLLEGE OR MID-COLUMBIA CENTER FOR LIVING OR TILLAMOOK BAY COMMUNITY DESCHUTES COUNTY RFPD NO.2 OR COLLEGE OR YOUNGS RIVER LEWIS AND CLARK KLAMATH COMMUNITY COLLEGE WATER DISTRICT OR DISTRICT OR PACIFIC STATES MARINE FISHERIES Oregon Coast Community College OR COMMISSION OR Clatsop Community College OR CENTRAL OREGON IRRIGATION North Portland Bible College OR DISTRICT OR OREGON COMMUNITY COLLEGE MARION COUNTY FIRE DISTRCT#1 OR ASSOCIATION OR COLUMBIA RIVER PUD OR Umpqua Valley Public Defender OR SANDY FIRE DISTRICT NO. 72 OR Teacher Standards and Pracitices BAY AREA HOSPITAL DISTRICT OR Commission OR 370 Salem Keizer School District Purchasing Kdry Channel 12 Opta Oregon Permit Technician Oregon Forest Resources Institute Office of the Ong Term Care Ombudsman Oregon State Lottery OREGON TOURISM COMMISSION OREGON STATE POLICE OFFICE OF THE STATE TREASURER OREGON DEPT. OF EDUCATION SEIU LOCAL 503, OPEU OREGON DEPARTMENT OF FORESTRY OREGON STATE DEPT OF CORRECTIONS OREGON CHILD DEVELOPMENT COALITION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING BOARD OF MEDICAL EXAMINERS OREGON LOTTERY OREGON BOARD OF ARCHITECTS OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR SANTIAM CANYON COMMUNICATION CENTER OR OREGON DEPT OF TRANSPORTATION OR OREGON TRAVEL INFORMATION OR COUNCIL OR OREGON DEPARTMENT OF OR EDUCATION OR OREGON DEPT. OF CORRECTIONS OR DEPARTMENT OF ADMINISTRATIVE SERVICES OR Oregon Board of Massage Therapists OR Oregon Forest Industries Council OR Oregon Tradeswomen OR Oregon Convention Center OR OREGON SCHL BRDS ASSOCIAT OR Central Oregon Home Health and Hos OR Oregon Health Care Quality Cor OR OREGON DEPARTMENT OF HUMAN SERVICES OR Oregon Air National Guard Training & Employment State of Oregon - Department of Administrative Services Aging and People with Disabilities Department of Administrative Services Oregon State Treasury Oregon State Fair Council Oregon DEQ Procurement Services/DAS STATE OF OREGON OREGON JUDICIAL DEPARTMENT Oregon State Board of Architect Examiners Oregon Board of Chiropractic Examiners City of Astoria Fire Department Columbia Gorge ESD Nehalem Bay Wastewater Association of Oregon Community Mental Health Programs VA US FISH AND WILDLIFE SERVICE Bonneville Power Administration Bureau Of Land Management Oregon Army National Guard USDA Forest Service 123d Fighter Squadron Yellowhawk Tribal Health Center ANGELL JOB CORPS Coquille Indian Housing Authority COLLEGE HOUSING NORTHWEST OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR HOUSING AUTHORITY OF CLACKAMAS COUNTY OR HOUSING AUTHORITY OF PORTLAND OR WEST VALLEY HOUSING AUTHORITY OR HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY OR NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY OR MARION COUNTY HOUSING AUTHORITY OR 371 HOUSING AUTHORITY OF THE CITY OF The Housing Authority of the County of SALEM OR Umatilla Housing Authority of Yamhill County OR homeforward OR OR 372 ATTACHMENT NO. 3 REFERENCES PROPOSER REFERENCES FROM CLIENTS Proposers are required to provide three (3) client references, including contact information, for similar projects that the Proposer has completed within the past five (5) years. It is preferred that at least one (1) client reference be a government sector client. The Proposer is required to include the three (3) references in the Proposal submitted to the City. CITY OF KCMO REFERENCE CHECK GENERAL INFORMATION Name of Proposer Subcontractor/Third Party Product or Service Reviewed REFERENCE CHECK INFORMATION Business/Firm Name Business/Firm Address Contact Name Title Telephone Number Fax Number E-mail Address EV2370 (REV. 06-17-13) Page 1 of 2 ISSUE DATE: 09/06/2017 373 To submit a reference, please respond to the following questions: 1. What services did the Business/Firm provide for you? 2. Were the services performed satisfactorily? 3. Were the invoices detailed and accurate? If the invoicing was not accurate, explain how easy or difficult it was to reconcile or have the invoicing updated. 4. Were there any staffing disputes? If so, explain how easy or difficult it was to have staff replaced. 5. Were you happy with the cost of your services? 6. Are you still using this Business/Firm for these services? 7. Do you plan to continue this relationship? 8. Additional Comments: Name of Client Contact (Print) Signature and Date EV2370 (REV. 06-17-13) Page 2 of 2 ISSUE DATE: 09/06/2017 374 HRD INSTRUCTIONS FOR REQUESTS FOR QUALIFICATIONS/PROPOSALS PART A. MINORITY/WOMEN BUSINESS ENTERPRISE REQUIREMENTS I. City's MBE/WBE Program. A. The City has adopted a Minority/Women Business Enterprise ("MBE/WBE") Program (Sections 38-84 through 38-100.8, Code of Ordinances) (the "Program") to implement the City's policy of supporting the fullest possible participation in City contracts and change orders of firms owned and controlled by minorities and women. Each construction project may have an MBE and/or WBE goal for participation. An MBE or WBE goal is a numerical objective the City has set for the contract. Goals are stated as a percentage of contract dollars. For example, if an MBE goal for a contract is 10% and a Proposer submits a proposal of $100,000, the goal for MBE participation would equal $10,000. The specific MBE/WBE goals on this project are set forth elsewhere in the proposal specifications. B. By submitting a proposal, the Proposer agrees, as a material term of the contract, to carry out the City's MBE/WBE Program by making good faith efforts to include certified MBE/WBEs in the project work to the extent of the goals listed for the project and to the fullest extent consistent with submitting the best proposal to the City. Proposer agrees that the Program is incorporated into this document and agrees to follow the Program. Although it is not a requirement that a Proposer in fact meet or exceed both the MBE and WBE Goals, it is a requirement for approval of the proposal that a Proposer objectively demonstrate to the City that good faith efforts have been made to meet the Goals. C. The following HRD Forms are attached and must be used for MBE/WBE submittals: 1. Affidavit of Intended Utilization (HRD Form 13); and 2. Contractor Utilization Plan/Request for Waiver (HRD Form 8A); and 3. Letter of Intent to Subcontract (HRD Foran 00450.01); and 4. Timetable for MBE/WBE Utilization (HRD Form 10); and 5. Request for Modification or Substitution (HRD Form 11); and 6. Contractor Affidavit for Final Payment (Form 01290.14); and 7. Subcontractor Affidavit for Final Payment (Form 01290.15). Warning: The City only gives MBE/WBE credit for a Proposer's use of City certified MBE/WBEs. A certified MBE/WBE firm is a firm that has been certified by the City's Human Relations Department as such. Certified MBEs and WBEs are listed in the M/W/DBE Kansas City Mo. Online Directory, which is available on the City's website at www.kcmo.org. Before a Proposer submits a proposal, Proposer should contact HRD and consult the directory to make sure any firm proposed for use for MBE/WBE participation has been certified. HRD 06 RFQ/P Instructions 013012 1 of 12 Contract Central 375 II. Required Submissions with Proposal. A. Proposer must submit the following document with its proposal: 1. Affidavit of Intended Utilization (HRD Form 13). This form states a Proposer's intent to use certified MBE/WBEs in the performance of the contract. III. Required Submissions Prior to Contract Award. A. Proposer must submit the following documents prior to contract award. 1. Contractor Utilization Plan/Request for Waiver (HRD Form 8). This form states a Proposer's plan to use specific certified MBE/WBEs in the performance of the contract and includes the following: a. The work to be performed by each MBE/WBE and the amounts each is to be paid for the work; and b. The name, address, race or ethnic origin, gender and employer identification number or social security number of each MBE/WBE that will perform the work. c. An automatic request for waiver in the event Proposer has not met or exceeded the MBE and/or WBE goals for the contract but believes that it has made good faith efforts to meet or exceed the goals and desires a waiver of the goals. If a waiver is requested, HRD will examine the Proposer's documentation of good faith efforts and make a recommendation to grant or deny the waiver. HRD will recommend a waiver be granted only if the Proposer has made good faith efforts to obtain MBE/WBE participation. 2. Letter(s) of Intent to Subcontract (HRD Form 00450.01). A letter must be provided from each MBE/WBE listed on the Contractor Utilization Plan. These letters verify that the MBE/WBE has agreed to execute a formal agreement for the work and indicate the scope of work to be performed and the price agreed upon for the work. IV. Additional Required Submissions when Requested by City. A. Proposer must submit the following documents when requested by City: 1. Timetable for MBE/WBE Utilization (HRD Form 10). 2. Documentation of good faith efforts. V. Required Monthly Submissions during term of Contract. A. Proposers must submit the following document on a monthly basis if awarded the contract: 1. M/WBE Monthly Utilization Report (HRD Form 00485.01). This report must be submitted to the Director by the 15th of each month. Failure to submit timely reports may result in delays in processing of current and future contract approvals and payment applications. HRD 06 RFQ/P Instructions 013012 2 of 12 Contract Central 376 VI. Required Submittals for Final Contract Payment. A. Proposer must submit the following documents with its request for final payment under the contract: 1. Contractor Affidavit for Final Payment (Form 01290.14) 2. Subcontractor Affidavit(s) for Final Payment (Form 01290.15) VII. Additional Submittals. A. Proposer may be required to make additional submittals during the term of the Contract, including Request for Modification or Substitution (HRD Form 11). Refer to Section X, Modification of the Contractor Utilization Plan or Substitution of an MBE/WBE, for additional instructions on when this form must be submitted. VIII. MBE/WBE Participation Credit. A. The following shall be credited towards achieving the goals: 1. The total contract dollar amount that a prime contractor has paid or is obligated to pay to a subcontractor that is a qualified MBE or WBE, except as otherwise expressly provided for herein. 2. Twenty-five percent (25%) of the total dollar amount paid or to be paid by a prime contractor to obtain supplies or goods from a supplier who is a qualified MBE or WBE. 3. Ten percent (10%) of the total dollar amount paid or to be paid by a prime contractor to obtain supplies or goods from a supply broker who is a qualified MBE or WBE. 4. One hundred percent (100%) of the total dollar amount paid or to be paid by a prime contractor to a manufacturer of construction supplies who is a qualified MBE or WBE. 5. Subcontractor participation with a lower tier MBE/WBE subcontractor using one of the above methods of participation. B. NO CREDIT, however, will be given for the following: 1. Participation in a contract by a MBE or WBE that does not perform a commercially useful function as defined by the Program; and 2. Any portion of the value of the contract that an MBE or WBE subcontractor subcontracts back to the prime contractor or any other contractor who is not a qualified MBE/WBE; and 3. An MBE or WBE prime contractor's own participation in its contract with City; and 4. Materials and supplies used on the contract unless the MBE/WBE is responsible for negotiating the price, determining quality and quantity, ordering the materials and installing (where applicable) and paying for material itself; and 5. Work performed by an MBE or WBE in a scope of work other than that in which the MBE or WBE is currently certified. HRD 06 RFQ/P Instructions 013012 3 of 12 Contract Central 377 IX. Methods for Securing Participation of MBE/WBEs and Good Faith Efforts. A. A Proposer is required to make good faith efforts to achieve the MBE/WBE goals. Good faith efforts are efforts that, given all relevant circumstances, a Proposer actively and aggressively seeking to meet the goals can reasonably be expected to make. Good faith efforts must be made before the Proposer submits a Contractor Utilization Plan/Request for Waiver (HRD Form 8) Warning: Efforts to obtain MBE and/or WBE participation made after a Contractor Utilization Plan is submitted cannot be used to show the Proposer made good faith efforts. B. In evaluating good faith efforts, the Director of HRD will consider whether the Proposer has performed the following, along with any other relevant factors: 1. Advertised opportunities to participate in the contract in general circulation media, trade and professional association publications, small and minority business media, and publications of minority and women's business organizations in sufficient time to allow MBE and WBE firms to participate effectively. 2. Provided notice to a reasonable number of minority and women's business organizations of specific opportunities to participate in the contract in sufficient time to allow MBE and WBE firms to participate effectively. 3. Sent written notices, by certified mail or facsimile, to qualified MBEs and WBEs soliciting their participation in the contract in sufficient time to allow them to participate effectively. 4. Attempted to identify portions of the work for qualified MBE and/or WBE participation in order to increase the likelihood of meeting the goals, including breaking down contracts into economically feasible units. A Proposer should send letters by certified mail or facsimile to those MBE/WBE contractors identified by HRD listed in those categories which are in those subcontractors' scope of work. The portion of work for which a proposal from an MBE/WBE is being solicited shall be as specific as possible. Letters which are general are not acceptable. 5. Requested assistance in achieving the goals from the Director and acted on the Director's recommendations. 6. Conferred with qualified MBEs and WBEs and explained the scope and requirements of the work for which their bids or proposals were solicited. 7. Attempted to negotiate in good faith with qualified MBEs and WBEs to perform specific subcontracts; not rejecting them as unqualified without sound reasons based on a thorough investigation of their capabilities. Documentation of good faith negotiations with MBE/WBEs from whom proposals were received in an effort to reach a mutually acceptable price should include: a. Names, addresses and telephone numbers of MBE/WBEs that were contacted and date of contact; b. The information provided to MBE/WBEs regarding the plans and HRD 06 RFQ/P Instructions 013012 4 of 12 Contract Central 378 specifications for portions of the work to be performed by them; c. The reasons no agreement was reached with any MBE/WBE, including the basis for any bid rejection (i.e., availability, price, qualifications or other); d. Descriptions of attempts to provide technical assistance to MBE/WBEs to obtain necessary insurance and/or to obtain necessary supplies at the best prices available. C. A Proposer will be required to give the City documentation to prove that it made good faith efforts. The Proposer will be contacted by the City with further instructions about when this documentation must be submitted. X. Modification of the Contractor Utilization Plan or Substitution of an MBE/WBE. A. A Proposer may need to substitute an MBE and/or WBE or request that the amount of MBE/WBE participation listed in its Contractor Utilization Plan be modified. Proposer must file a Request for Modification or Substitution (HRD Form 11) prior to actual substitution and within a reasonable time after learning that a modification or substitution is necessary. The Director may approve substitutions or modifications and upon approval, the modifications and substitutions will become an amendment to the Contractor Utilization Plan. Modifications or substitutions may be approved when: 1. The Director finds that the Proposer made and provided evidence of good faith efforts to substitute the MBE/WBE listed on the Contractor Utilization Plan with other certified MBE/WBEs for the scope of work or any other scope of work in the contract; AND 2. The Director also finds one of the following: a. The listed MBE/WBE is non-responsive or cannot perform; or b. The listed MBE/WBE has increased its previously quoted price to the bidder, proposer or contractor without a corresponding change in the scope of the work; or c. The listed MBE/WBE has committed a material default or breach of its contract with the contractor; or d. Requirements of the scope of work of the contract have changed and render subcontracting not feasible or not feasible at the levels required by the goals established for the contract; or e. The listed MBE/WBE is unacceptable to the contracting department; or f. The listed MBE/WBE thereafter had its certification revoked; or g. The Proposer or Contractor has not attempted intentionally to evade the requirements of the Program and it is in the best interests of the City to allow a modification or substitution. B. A modification shall not be made unless the modification or substitution has first been requested and approved by the Director. HRD 06 RFQ/P Instructions 013012 5 of 12 Contract Central 379 XI. Appeals. (Applicable only if the RFQ/P is for a construction project) A. In conformance with the Act, appeals may be made to the City Fairness in Construction Board on the following: 1. The grant or denial of a Request for Waiver; 2. Substitution for an MBE/WBE listed on a Contractor Utilization Plan; 3. Modification of the percentage of MBE/WBE participation on a Contractor Utilization Plan; 4. Liquidated Damages; 5. The amount of MBE/WBE credit the Contractor may receive for MBE/WBE participation identified in the contractor utilization plan. B. Any appeal must be filed in writing with the Director within ten (10) working days of notice of the determination. Mailing, faxing, personal delivery or posting at HRD of determinations shall constitute notice. The appeal shall state with specificity why the Proposer or Contractor believes the determination is incorrect C. Failure to file a timely appeal shall constitute a waiver of a Proposer's or Contractor's right to appeal such determination and such person shall be estopped to deny the validity of any determination which could have been timely appealed. XII. Access to Documents and Records. A. By submitting a proposal, each Proposer agrees to permit the City, its duly authorized agents or employees, access at all reasonable times to all books and business records of Proposer as may be necessary to ascertain compliance with the requirements of this document and the Act, within ten (l 0) days of the date of the written request. B. All Proposers agree to cooperate with the contracting department and HRD in studies and surveys regarding the MBE/WBE program. XIII. Miscellaneous. A. A Proposer or Contractor shall bear the burden of proof with regard to all issues on appeal. B. In the event of any conflict between this document and the Program, the provisions of the Program shall control. The terms used in this document are defined in the Program. C. Oral representations are not binding on the City. D. The City Council may waive the requirements of this document and the Program and award the contract to the best proposer if the City Council determines a waiver is in the best interests of the City. XIV. Liquidated Damages — MBE/WBE Program. A. If Contractor fails to achieve the MBE/WBE goals stated in its Contractor Utilization Plan, as amended, the City will sustain damages, the exact extent of which would be difficult or impossible to ascertain. Therefore, in order to liquidate those damages, the HRD 06 RFQ/P Instructions 013012 6 of 12 Contract Central 380 monetary difference between the amount of the MBE/WBE goals set forth in the Contractor Utilization Plan, as amended, and the amount actually paid to qualified MBEs and WBEs for performing a commercially useful function will be deducted from the Contractor's payments as liquidated damages. In determining the amount actually paid to qualified MBEs and WBEs, no credit will be given for the portion of participation that was not approved by the Director, unless the Director determines that the Contractor acted in good faith. No deduction for liquidated damages will be made when, for reasons beyond the control of the Contractor, the MBE/WBE participation stated in the Contractor Utilization Plan, as amended and approved by the Director is not met. [Specifier: The remainder of this document is applicable ONLYIF the RFQ/P is for a construction project that the City estimates will require more than 800 construction labor hours and cost in excess of $324, 000.00 to construct. If this is not applicable to your RFQ/P, delete the remainder of this document. Be sure to delete this note before printing] PART B. CONSTRUCTION EMPLOYMENT PROGRAM REQUIREMENTS (THIS PART IS APPLICABLE TO CITY CONSTRUCTION CONTRACTS ESTIMATED BY THE CITY PRIOR TO SOLICITATION AS REQUIRING MORE THAN 800 CONSTRUCTION LABOR HOURS AND COSTING IN EXCESS OF $324,000.00.) I. City's Construction Employment Program. A. The City has adopted a Construction Employment Program (Sections 38-83.1 through 38- 83.13, Code of Ordinances) (the "Program") to implement the City's policy of supporting the fullest possible utilization of minority and women workers in the construction industry. A person or firm who is awarded a contract to construct, reconstruct, improve, enlarge or alter any fixed work that is estimated by the City prior to solicitation as requiring more than 800 construction labor hours, has an estimated costs that exceeds $324,000.00, and involves the expenditure of public funds, is subject to company -wide construction employment goals. The minimum goals are currently set at 10% for minorities and 2% for women, but public recognition may be provided if the Proposer achieves at least twice the minimum participation. The successful Proposer may meet these company -wide goals by counting the Proposer's utilization of minorities and women throughout the Kansas City metropolitan statistical area. B. By submitting a proposal, the Proposer agrees, as a material term of the contract, to carry out the City's Construction Employment Program by making good faith efforts to utilize minority and women workers on the Proposer's job sites to the fullest extent consistent with submitting the best proposal to the City. Proposer agrees that the Program is incorporated into this document and agrees to follow the Program. Although it is not a requirement that a Proposer in fact meet or exceed the construction employment goals to receive approval from HRD, a Proposer not doing so is required to objectively HRD 06 RFQ/P Instructions 013012 7 of 12 Contract Central 381 demonstrate to HRD that good faith efforts have been made. C. The following HRD Forms are to be used for Construction Employment Program submittals: 1. Project Workforce Monthly Report (HRD Form 00485.02) 2. Company -Wide Workforce Monthly Report (HRD Form 00485.03) II. Required Monthly Submissions during Term of Contract. A. Proposer must submit the following documents on a monthly basis if awarded the contract: 1. Project Workforce Monthly Report (HRD Form 00485.02). This report is contract specific. Two copies of this report must be submitted to the Director by the 15th of each month. The first copy will be utilized to report the Proposer's own workforce compliance data with regard to the City's construction contract. The second copy will be utilized to report consolidated workforce compliance data for every subcontractor retained on the City's construction contract. Failure to submit timely reports may result in delays in processing of current and future contract approvals and payment applications. 2. Company -Wide Workforce Monthly Report (HRD Form 00485.03). This report is not contract specific; it is used to report on the utilization of females and minorities, by trade, company -wide. Two copies of this report must be submitted to the Director by the 15th of each month. The first copy will be utilized to report the Proposer's own workforce compliance data with regard to every contract (both privately and publicly funded) Proposer has in progress throughout the Kansas City metropolitan statistical area. The second copy will be utilized to report consolidated workforce compliance data for every subcontractor retained by Proposer on every contract Proposer has in progress throughout the Kansas City metropolitan statistical area. Failure to submit timely reports may result in delays in processing of current and future contract approvals and payment applications. 111. Submittal Required for Final Contract Payment. A. The last Project Workforce Monthly Report(s) and Company -Wide Workforce Monthly Report(s) shall serve as the final reports and must be submitted before final payment will be made and/or retainage released. Proposer shall note the submittal of the final reports by notation in the box entitled "Final Cumulative Report" IV. Methods for Securing Workforce Participation and Good Faith Efforts. A. A Proposer is required to make good faith efforts to achieve the construction employment goals. If a Proposer will be unable to secure enough minority and female participation to meet or exceed the construction employment goals, a Proposer must, within a reasonable time after so learning, request a waiver or modification of the goals by the Director of HRD. The Director will examine the Proposer's request and the Proposer's documentation of good faith efforts and grant or deny a waiver or modification. The Director will grant a waiver or modification only if the Proposer has made good faith HRD 06 RFQ/P Instructions 013012 8 of 12 Contract Central 382 efforts to secure minority and female participation. B. In evaluating good faith efforts, the Director will consider whether the Proposer has perfonned the following: 1. For those Proposers that are not signatories to a collective bargaining agreement with organized labor: a. Requested in writing the assistance of the Director with respect to efforts to promote the utilization of minorities and women in the workforce and acted upon the Director's recommendations; and b. Advertised in minority or women trade association newsletters and/or minority or women owned media at least 15 calendar days prior to the utilization of any construction services on the city construction contract and used terminology that sufficiently describes the work available, the pay scale, the application process, and anything else that one might reasonably be expected to be informed of relevant to the position being advertised; and c. Maintained copies of each advertisement and a log identifying the publication and date of publication; and d. Conducted real and substantial recruitment efforts, both oral and written, targeting resident, minority and women community-based organization, schools with a significant minority student population, and training organizations serving the recruitment area; and e. Established and maintained a current list of resident, minority and women recruitment sources, providing written notification to the recruitment sources of available employment opportunities, and maintained records of the notices submitted to the organizations and any responses thereto; and f. Maintained a current file for the time period of the city construction contract with the name, address, and telephone number of each resident, minority and woman job applicant, the source of the referral, whether or not the person was hired, and in the event that the applicant was not hired, the reason therefore; and g. Promoted the retention of minorities and women in its workforce with the goals of achieving sufficient annual hours for minorities and women to qualify for applicable benefits; and h. Required by written contract that all subcontractors comply with the above efforts. 2. For those Proposers that are signatories to collective bargaining agreements with organized labor: a. Supported the efforts of the Joint Apprenticeship Training Committee (JATC), a joint effort of Labor Unions and contractors, or some other apprenticeship program, whose purpose is to recruit, train and employ new workers for a full time career in the construction industry; and HRD 06 RFQ/P Instructions 013012 9 of 12 Contract Central 383 b. Requested in writing from each labor union representing crafts to be employed that: I. the labor union make efforts to promote the utilization of residents of the City, minorities and women in the workforce; and ii. the labor union identify any residents of the City, minorities and women in its membership eligible for employment; and iii. the JATC take substantial and real steps to increase the participation of minorities in the union apprenticeship programs in the aggregate to 30% by 2011 and encourage other labor unions to do the same; and iv. the JATC take substantial and real steps to increase the participation of women in the union apprenticeship programs in the aggregate to 5% by 2011 and encourage other labor unions to do the same; and v. the JATC partner with workforce preparedness programs, community based organizations, employment referral programs and school - sponsored programs to accomplish these goals. c. Collaborated with labor unions in promoting mentoring programs intended to assist minorities and women in increasing retention with the goals of achieving sufficient annual hours to qualify for applicable benefits; and d. Maintained a current file with the name, address, and telephone number of each resident, minority and women worker identified by the labor union, whether or not the person was hired, and in the event the person was not hired, the reason therefore. e. To the extent the good faith efforts applicable to Proposers that are signatories to collective bargaining agreements with organized labor conflict with the procedures implemented by the Proposer in order to comply with the relevant bargaining agreement, the Proposer shall substitute other procedures as may be approved by the Director in writing. C. A Proposer will be required to give the City documentation to prove that it made good faith efforts. The Proposer will be contacted by the City with further instructions about when this documentation must be submitted. V. Appeals. A. In conformance with the Program, appeals may be made to the Construction Workforce Board on the following: 1. Determinations by the Director that a contractor did not meet the construction employment goals and did not make a good faith effort to meet the goals; 2. Recommendations by the Director to assess liquidated damages; 3. Recommendation by the Director that a contractor be declared ineligible to receive any city construction contract for a period of time up to one year. B. Any appeal must be filed in writing with the Director within ten (10) working days of HRD 06 RFQ/P Instructions 013012 10 of 12 Contract Central 384 notice of the recommendation or determination. The appeal shall state with specificity why the Proposer believes the recommendation or determination is incorrect. C. Failure to file a timely appeal shall constitute a waiver of a Proposer's right to appeal such determination or recommendation and such person shall be estopped to deny the validity of any order, determination, recommendation or action of HRD which could have been timely appealed. VI. Access to Documents and Records. A. By submitting a proposal, each Proposer agrees to permit the City, its duly authorized agents or employees, access at all reasonable times to all books and business records of Proposer as may be necessary to ascertain compliance with the requirements of this document and the Program, within ten (10) days of the date of the written request. Each Proposer further agrees to require, if awarded the contract, that every subcontractor permit the City the same access to documents and records. B. All Proposers agree to cooperate with the contracting department and HRD in studies and surveys regarding the construction employment program. VII. Miscellaneous. A. A Proposer shall bear the burden of proof with regard to all issues on appeal. B. The successful Proposer may be required to meet with the Director of HRD or the Director's designee for the purpose of discussing the construction employment program, the Proposer's efforts to realize the goals, and any other problems and/or issues affecting the realization of the goals or the program in general. C. In the event of any conflict between this document and the Program, the provisions of the Program shall control. The terms used in this document are defined in the Program. D. Oral representations are not binding on the City. VIII. Liquidated Damages; Suspension — Workforce Program. A. If a Proposer fails to achieve the construction employment goals without having previously obtained a waiver or modification of those goals, the City will sustain damages, the exact extent of which would be difficult or impossible to ascertain. These damages are magnified if the failure to abide by the requirements of the Workforce Program is recurring. Therefore, in order to liquidate those damages, City shall be entitled to deduct and withhold the following amounts: If Proposer failed to meet or exceed the minimum employment goals or otherwise establish that Proposer is entitled to a waiver under circumstances in which Proposer has failed to meet or exceed the goals on one prior occasion within the twenty-four month period immediately preceding the completion of the work under the Contract, the sum of three thousand dollars ($3,000.00). If Proposer failed to meet or exceed the minimum employment goals or otherwise establish that Proposer is entitled to a waiver under circumstances in which Proposer has failed to meet or exceed the goals on two or more prior occasions HRD 06 RFQ/P Instructions 013012 11 of 12 Contract Central 385 within the twenty-four month period immediately preceding the completion of the work under the Contract, the sum of seven thousand dollars ($7,000.00). B. In addition, Proposer shall be required to attend mandatory compliance training or be declared ineligible to contract with the City for a term provided herein, and as authorized by City's Code of Ordinances: If Proposer failed to meet or exceed the minimum employment goals or otherwise establish that Proposer is entitled to a waiver under circumstances in which Proposer has not previously failed to meet or exceed the goals within the twenty- four month period immediately preceding the completion of the work under the Contract, Proposer shall be required to attend a mandatory training class on Workforce Program compliance. If Proposer failed to meet or exceed the minimum employment goals or otherwise establish that Proposer is entitled to a waiver under circumstances in which Proposer has failed to meet or exceed the goals on one prior occasion within the twenty-four month period immediately preceding the completion of the work under the Contract, Proposer shall be suspended from participating, either as a contractor or subcontractor, on any future contract with the City for a period of thirty (30) days. Proposer waives any right to invoke any proceeding or procedure under Sections 2-1649 or 2-1801 of City's Code of Ordinances with regards to any suspension arising hereunder. If Proposer failed to meet or exceed the minimum employment goals or otherwise establish that Proposer is entitled to a waiver under circumstances in which Proposer has failed to meet or exceed the goals on two or more prior occasions within the twenty-four month period immediately preceding the completion of the work under the Contract, Proposer shall be suspended from participating, either as a contractor or subcontractor, on any future contract with the City for a period of six (6) months. Proposer waives any right to invoke any proceeding or procedure under Sections 2-1649 or 2-1801 of City's Code of Ordinances with regards to any suspension arising hereunder. HRD 06 RFQ/P Instructions 013012 12 of 12 Contract Central :: CONTRACTOR UTILIZATION PLAN/REQUEST FOR WAIVER Project Number Project Title (Department Project) (Bidder/Proposer) STATE OF ) ss COUNTY OF ) Department I, , of lawful age and upon my oath state as follows: 1. This Affidavit is made for the purpose of complying with the provisions of the MBE/WBE submittal requirements on the above project and the MBE/WBE Program and is given on behalf of the Bidder/Proposer listed below. It sets out the Bidder/Proposer's plan to utilize MBE and/or WBE contractors on the project. 2. The project goals are % MBE and % WBE. Bidder/Proposer assures that it will utilize a minimum of the following percentages of MBE/WBE participation in the above project: BIDDER/PROPOSER PARTICIPATION: % MBE % WBE 3. The following are the M/WBE subcontractors whose utilization Bidder/Proposer warrants will meet or exceed the above -listed Bidder/Proposer Participation. Bidder/Proposer warrants that it will utilize the M/WBE subcontractors to provide the goods/services described in the applicable Letter(s) of Intent to Subcontract, copies of which shall collectively be deemed incorporated herein). (All firms must currently be certified by Kansas City, Missouri) a. Name of M/WBE Finn Address Telephone No. I.R.S. No. 00450 HRD 08 Utilization Plan & Req, for Waiver 050113 1 of 4 Contract Central 387 M c d C f. Name of M/WBE Finn Address Telephone No. I.R.S. No. Name of M/WBE Finn Address Telephone No. I.R.S. No. Name of M/WBE Firm Address Telephone No. I.R.S. No. Name of M/WBE Firm Address Telephone No. I.R.S. No. Name of M/WBE Finn Address Telephone No. I.R.S. No. (List additional M/WBEs, if any, on additional page and attach to this form) 4. The following is a breakdown of the percentage of the total contract amount that Bidder/Proposer agrees to pay to each listed M/WBE: MBE/WBE BREAKDOWN SHEET MBE FIRMS: Subcontract Weighted % of Total Name of MBE Firm Supplier/Broker/Contractor Amount* Value** Contract 00450 HRD 08 Utilization Plan & Req, for Waiver 050113 2 of 4 Contract Central 388 TOTAL MBE $ / TOTAL MBE %: WBE FIRMS: Subcontract Weighted % of Total Name of WBE Firm Supplier/Broker/Contractor Amount* Value** Contract TOTAL WBE $ / TOTAL WBE %: *"Subcontract Amount" refers to the dollar amount that Bidder/Proposer has agreed to pay each M/WBE subcontractor as of the date of contracting and is indicated here solely for the purpose of calculating the percentage that this sum represents in proportion to the total contract amount. Any contract amendments and/or change orders changing the total contract amount may alter the amount due an M/WBE under their subcontract for purposes of meeting or exceeding the Bidder/Proposer participation. ""Weighted Value" means the portion of the subcontract amount that will be credited towards meeting the Bidder/Proposer participation. See HRD Forms and Instructions for allowable credit and special instructions for suppliers. 5. Bidder/Proposer acknowledges that the monetary amount to be paid each listed M/WBE for their work, and which is approved herein, is an amount corresponding to the percentage of the total contract amount allocable to each listed M/WBE as calculated in the MBE/WBE Breakdown Sheet. Bidder/Proposer further acknowledges that this amount may be higher than the subcontract amount listed therein as change orders and/or amendments changing the total 00450 HRD O8 Utilization Plan & Req. for Waiver 050113 3 of 4 Contract Central 389 contract amount may correspondingly increase the amount of compensation due an M/WBE for purposes of meeting or exceeding the Bidder/Proposer participation 6. Bidder/Proposer acknowledges that it is responsible for considering the effect that any change orders and/or amendments changing the total contract amount may have on its ability to meet or exceed the Bidder/Proposer participation. Bidder/Proposer further acknowledges that it is responsible for submitting a Request for Modification or Substitution if it will be unable to meet or exceed the Bidder/Proposer participation set forth herein. 7. If Bidder/Proposer has not achieved both the M/WBE goal(s) set for this Project, Bidder/Proposer hereby requests a waiver of the MBE and/or WBE goal(s) that Bidder/Proposer has failed to achieve 8. Bidder/Proposer will present documentation of its good faith efforts, a narrative summary detailing its efforts and the reasons its efforts were unsuccessful when requested by the City. 9. I hereby certify that I am authorized to make this Affidavit on behalf of the Bidder/Proposer named below and who shall abide by the teens set forth herein: Bidder/Proposer primary contact: Address: Phone Number: Facsimile number: E-mail Address: By: Title: Date: (Attach corporate seal if applicable) Subscribed and sworn to before me this My Commission Expires: 00450 HRD 08 Utilization Plan & Req. for Waiver 050113 day of Notary Public 4 of 4 Contract Central 20 390 TIMETABLE FOR MBE/WBE UTILIZATION (This form should be submitted to the City, after contract award.) I, , acting in my capacity as (Name) (Position with Firm) of , with the submittal of this Timetable, certify that (Name of Firm) the following timetable for MBE/WBE utilization in the fulfillment of this contract is correct and true to the best of my knowledge. ALLOTTED TIME FOR THE COMPLETION OF THIS CONTRACT (Check one only) 15 days 75 days 135 days 30 days 90 days 150 days 45 days 105 days 165 days 60 days 120 days 180 days Other (Specify) Throughout Middle 1/3 Beginning 1/3 Beginning 1/3 Final 1/3 Middle 1/3 % Final 1/3 % PLEASE NOTE: Any changes in this timetable require approval of the Human Relations Department in advance of the change. If you have any questions regarding the completion of this form, please contact the Department of Human Relations at: (816) 513-1818. (Signature) (Position with Firm) (Date) 00460 HRD 10 Timetable for MBE/WBE Utilization 050113 Contract Central 391 REQUEST FOR MODIFICATION OR SUBSTITUTION (This Form must be submitted to HRD to request substitutions for an MBE/WBE listed in the Contractor Utilization Plan or for modification of the amount of MBE/WBE participation listed in the Contractor Utilization Plan. This Form shall be an amendment to the Contractor Utilization Plan.) BIDDER/PROPOSER/CONTRACTOR: ADDRESS: PROJECT NUMBER OR TITLE: AMENDMENT/CHANGE ORDER NO: (if applicable) Project Goals: Contractor Utilization Plan: % MBE % WBE % MBE % WBE 1. I am the duly authorized representative of the above Bidder/Contractor/Proposer and am authorized to request this substitution or modification on behalf of the Bidder/Contractor/Proposer. 2. I hereby request that the Director of HRD recommend or approve: (check appropriate space(s)) a. A substitution of the certified MBE/WBE firm (Name of new firm) to perform (Scope of work to be performed by new firm) for the MBE/WBE firm which is currently (Name of old firm) listed on the Bidder's/Contractor's/Proposer's Contractor Utilization Plan to perform the following scope of work: (Scope of work of old firm) b. A modification of the amount of MBE/WBE participation currently listed on the Bidder's/Contractor's/Proposer's Contractor Utilization Plan from % MBE % WBE (Fill in % of MBE/WBE Participation currently listed on Contractor Utilization Plan) TO % MBE % WBE (Fill in New % of MBE/WBE Participation requested for Contractor Utilization Plan) c. Attach 00450.01 Letter of Intent to Subcontract letter for each new MBE/WBE to be added. d. Attach a copy of the most recent 00485.01 or on-line M/WBE Monthly Utilization Report 3. Bidder/Contractor/Proposer states that a substitution or modification is necessary because: (check applicable reason(s) ) 00470 HRD 11 Request for Mod. or Sub. 050113 Page 1 of 2 Contract Central 392 The MBE/WBE listed on the Contractor Utilization Plan is non-responsive or cannot perform. The MBE/WBE listed on the Contractor Utilization Plan has increased its previously quoted price without a corresponding change in the scope of work. The MBE/WBE listed on the Contractor Utilization Plan has committed a material default or breach of its contract. Requirements of the scope of work of the contract have changed and make subcontracting not feasible or not feasible at the levels required by the goals established for the contract. The MBE/WBE listed on the Contractor Utilization Plan is unacceptable to the City contracting department. Bidder/Contractor/Proposer has not attempted intentionally to evade the requirements of the Act and it is in the best interests of the City to allow a modification or substitution. 4. The following is a narrative summary of the Bidder's/Contractor's/Proposer's good faith efforts exhausted in attempts to substitute the MBE/WBE firm named above which is currently listed on the Contractor Utilization Plan with other qualified, certified MBE/WBE firms for the listed scope of work or any other scope of work in the project: 5. Bidder/Proposer/Contractor will present documentation when requested by the City to evidence its good faith efforts. Dated: (Bidder/Proposer/Contractor) By: (Authorized Representative) 00470 HRD 11 Request for Mod. or Sub. 050113 Page 2 of 2 Contract Central 393 AFFIDAVIT OF INTENDED UTILIZATION (This Form must be submitted with your BidlProposal) (Department Project) (Bidder/Proposer) STATE OF ) ss COUNTY OF ) 1, of lawful age and upon my oath state as follows: This Affidavit is made for the purpose of complying with the provisions of the MBE/WBE submittal requirements in the bid/proposal specifications on the above project and is given on behalf of the Bidder/Proposer listed below. 2. Bidder/Proposer assures that it presently intends to utilize the following MBE/WBE participation in the above project if awarded the Contract: PROJECT GOALS: % MBE % WBE BIDDER/PROPOSER PARTICIPATION: % MBE % WBE 3. To the best of Bidder's/Proposer's knowledge, the following are the names of certified MBEs or WBEs with whom Bidder/Proposer, or Bidder's/Proposer's subcontractors, presently intend to contract if awarded the Contract on the above project: (All firms must currently be certified by Kansas City, Missouri Dept. Of Human Relations) a. L C. Name of M/WBE Firm Address Telephone No. I.R.S. No. Area/Scope of work Subcontract amount Name of M/WBE Firm Address Telephone No. I.R.S. No. Area/Scope of work Subcontract amount Name of M/WBE Firm Address Telephone No. I.R.S. No. Area/Scope of work Subcontract amount (List additional MBE/WBEs, if any, on additional pages and attach to this form) HRD 13 Affidavit of Intended Utilization 021108 Page 1 of 2 Contract Central 394 4. Bidder/Proposer will identify before contract award, those MBE/WBE subcontractors with dollar amounts and scopes of work which apply to or exceed the MBE/WBE goals for the Project on the Contractor Utilization Plan/Request for Waiver (HRD 08). 5. Bidder/Proposer agrees that failure to meet or exceed the MBE/WBE Goals for the above project will automatically render this bid/proposal non-responsive if Bidder/Proposer fails to establish good faith efforts towards meeting the goals as set forth in the HRD Forms and Instructions. 6. If applicable, Bidder/Proposer assures that it will meet or exceed the minimum employment goals of 10% minority and 2% women during the term of its contract with City, or request a waiver of the goals. NOTE: This paragraph is applicable ONLY if you are submitting a bid/proposal on a construction contract that was estimated by the City, prior to solicitation, as requiring more than 800 construction labor hours and costing in excess of $324,000.00. 7. 1 am authorized to make this Affidavit on behalf of the Bidder/Proposer named below as: of (Title) Dated: (Name of Bidder/Proposer) LIN (Affiant) Subscribed and sworn to before me this day of , 20 My Commission Expires: Notary Public HRD 13 Affidavit of Intended Utilization 021108 Page 2 of 2 Contract Central 395 agreement with LETTER OF INTENT TO SUBCONTRACT Project Number Project Title ("Prime Contractor") agrees to enter into a contractual ("MAN/DBE Subcontractor"), who will provide the following goods/services in connection with the above -referenced contract: (Insert a brief narrative describing the goods/services to be provided. Broad categorizations (e.g., "electrical," "plumbing," etc.) or the listing of the NAICS Codes in which MAN/DBE Subcontractor is certified are insufficient and may result in this Letter of Intent to Subcontract not being accepted.) for an estimated amount of $ or % of the total estimated contract value. MM//DBE Subcontractor is, to the best of Prime Contractor's knowledge, currently certified with the City of Kansas City's Human Relations Department to perform in the capacities indicated herein. Prime Contractor agrees to utilize M/W/DBE Subcontractor in the capacities indicated herein, and M/W/DBE Subcontractor agrees to work on the above -referenced contract in the capacities indicated herein, contingent upon award of the contract to Prime Contractor. Signature: Prime Contractor Print Name Title Date Signature: M/W/DBE Subcontractor Print Name Title Date 00450.01 HRD Letter of Intent to Subcontract 050113 Page I of I Contract Central 396 STATE OF COUNTY OF The Undersigned, CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT Project Number Project Title )SS age, being first duly sworn, states under oath as follows: 1. I am the of (Name) (Title) (CONTRACTOR) CONTRACTOR for the OWNER on Project No. and Project Title _ of lawful who is the general 2. All payrolls, material bills, use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied, as required by the Contract. 3 (✓) Prevailing wage does not apply; or (-/) _All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Project, regardless of tier, affirming compliance with the prevailing wage law as stipulated in the Contract. 4. I hereby certify that (a) at project completion and pursuant to contractor's final request for payment, contractor achieved (_%) Minority Business Enterprise (MBE) participation and (_%) Women Business Enterprise (WBE) participation on this contract, and (b) listed herein are the names of all certified M/WBE subcontractors, regardless of tier, with whom I, or my subcontractors contracted. Name of MBE/WBE Firm Address Telephone Number ( ) IRS Number Area/Scope*of Work Subcontract Final Amount Name of MBE/WBE Firm Address Telephone Number ( ) IRS Number Area/Scope*of Work Subcontract Final Amount 01290.14 Contractor Affidavit for Final Payment 063009 1 of 2 Contract Central 397 List additional subcontractors, if any, on a similar form and attach to the bid. Supplier* * Final Amount: *Reference to specification sections or bid item number. (✓) Met or exceeded the Contract utilization goals; or (✓) Failed to meet the Contract utilization goals (attach waiver, substitution or modification); or (✓) No goals applied to this Project. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 6. If applicable, I hereby certify that (a) at project completion and pursuant to contractor's final request for payment, contractor achieved, company -wide, at least ten percent (10%) minority workforce participation and two percent (2%) women workforce participation and (2) a true and accurate copy of my final project workforce monthly report (HRD Form 00485.02 and final company -wide workforce monthly report (HRD Form 00485.03) are attached. NOTE: This paragraph is only applicable if you completed a construction contract that was estimated by the City, prior to solicitation, as requiring more than 800 construction labor hours and costing in excess of $324,000.01. If applicable you MUST attach copies of your final monthly workforce reports. 7. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from Kansas City, Missouri, the certification of completion of the Project and receiving payment therefore. 8. If the Contract amount exceeded $123,500.01, CONTRACTOR has submitted proof of compliance with the City tax ordinances administered by the City's Commissioner of Revenue and has on file proof of tax compliance from all Subcontractors. If the Contract term exceeded one (1) year, CONTRACTOR has provided proof of compliance with the City tax ordinances administered by the City's Commissioner of Revenue prior to receiving final payment and has on file proof of tax compliance from all Subcontractors prior to the Subcontractor receiving final payment from CONTRACTOR. On this appeared CONTRACTOR By (Authorized Signature) Title day of of the , before me to me personally known to be the and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of as its free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public 01290.14 Contractor Affidavit for Final Payment 063009 2 of 2 Contract Central 398 STATE OF MISSOURI COUNTY OF SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT Project Number Project Title ss: After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that: 1. I am the duly authorized officer of the business indicated below (hereinafter Subcontractor) and I make this affidavit on behalf of Subcontractor in accordance with the requirements set forth in Section 290.290, RSMo. Subcontractor has completed all of the Work required under the terms and conditions of a subcontract as follows: Subcontract with: Work Perforined: Total Dollar Amount of Subcontract and all Change Orders: $ City Certified ❑MBE ❑ WBE ❑ DBE ❑ NA List certifications: Contractor 2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law set forth in Sections 290.210, RSMo through 290.340, RSMo. Business Entity Type: ( ) Missouri Corporation ( ) Foreign Corporation ( ) Fictitious Name Corporation ( ) Sole Proprietor ( ) Limited Liability Company ( ) Partnership ( ) Joint Venture ( ) Other (Specify) Subcontractor's Legal Name and Address Phone No. Fax: E:mail: Federal ID No. I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Title) NOTARY Subscribed and sworn to before me this day of My Commission Expires: Print Name :31 Title (Print Name) (Date) 20 01290.15 Subcontractor Affidavit for Final Payment 020408 Contract Central 399 AFFIDAVIT EMPLOYEE ELIGIBILITY VERIFICATION AFFIDAVIT (Required for any contract with the City of Kansas City, Missouri in excess of $5,000.00) STATE OF ) ss COUNTY OF On this day of , 20, before me appeared personally known by me or otherwise proven to be the person whose name is subscribed on this affidavit and who, being duly sworn, stated as follows: I am of sound mind, capable of making this affidavit, and personally swear or affirm that the statements made herein are truthful to the best of my knowledge. I am the (title) of (business entity) and I am duly authorized, directed or empowered to act with full authority on behalf of the business entity in making this affidavit. I hereby swear or affirm that the business entity does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). I hereby additionally swear or affirm that the business entity is enrolled in an electronic verification of work program operated by the United States Department of Homeland Security (E -Verify) or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986, and that the business entity will participate in said program with respect to any person hired by the business entity to perform any work in connection with the contracted services. I have attached hereto documentation sufficient to establish the business entity's enrollment and participation in the required electronic verification of work program. The documentation will consist of the first and last pages of the E -Verify Memorandum of Understanding that the Contractor obtained upon successfully enrolling in the program. I am aware and recognize that unless certain contractual requirements are satisfied and affidavits obtained as provided in Section 285.530, RSMo, the business entity may face liability DISPARITY STUDY RFP NO. EV1992 (REV. 06-17-13) Page 1 of 2 ISSUE DATE: 06-02-14 400 for violations committed by its subcontractors, notwithstanding the fact that the business entity may itself be compliant. I acknowledge that I am signing this affidavit as the free act and deed of the business entity and that I am not doing so under duress. Affiant's signature Subscribed and sworn to before me this day of 20 My Commission expires: DISPARITY STUDY RFP NO. EV1992 (REV. 06-17-13) Notary Public ISSUE DATE: 06-02-14 Page 2 of 2 401 6.1 Consent Agenda 05/16/2023 Proposed Resolution No. R23-059- Interlocal Agreement with Palm Beach County for Joint Participation - Highview Road from Summit Road to Overlook Road. Requested Action by Commission: Approve and authorize the Mayor and City Manager to sign an Interlocal Agreement for Joint Participation with Palm Beach County for the relocation of utilities and the construction of utility adjustments on Highview Road from Summit Road to Overlook Road in the amount of $82,281.25, which includes a 25% contingency. Explanation of Request: Palm Beach County initiated a project for drainage improvements along Highview Road from Summit Road to Overlook Road. Within the project area, utility asset adjustments are required due to conflicts with the new drainage piping. Utilities has identified the following required utility adjustments: seven (7) water main service line deflections, two (2) 6 -inch water main deflections, three (3) water main valve adjustments, eight (8) water meter box adjustments, and two (2) conflict manhole structures. The water valves and water meter boxes will be adjusted to the new surface elevations and grades. The conflict structures are required for the water mains that cannot be deflected. How will this affect city programs or services? Approval of the Interlocal Agreement will allow Palm Beach County's contractor to adjust the Utilities' water distribution system assets to resolve conflicts with the new drainage pipe installation and adjust the water valves and water meter boxes to the new surface elevations and grades. Fiscal Impact: Funding of $82,281.25 is available in Utilities accounts 401-2810-536-49-17 and 401-2814-536-49-17. Attachments: Reso R23-059 ILA —with _ PBC_for_Utility_Relocation_Highview_Road_-_Reso.pdf 2018023 Highview Rd - Interlocal Agreement.pdf 2018023 Highview Rd - Interlocal Agreement - Exhibits A and B.pdf 2018023 Highview Rd - MPTS Drainage Plans.pdf 402 1 RESOLUTION NO. R23-059 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN AN 4 INTERLOCAL AGREEMENT FOR JOINT PARTICIPATION WITH PALM BEACH 5 COUNTY FOR THE RELOCATION OF UTILITIES AND THE CONSTRUCTION OF 6 UTILITY ADJUSTMENTS ON HIGHVIEW ROAD FROM SUMMIT ROAD TO 7 OVERLOOK ROAD IN THE AMOUNT OF $82,281.25, WHICH INCLUDES A 8 25% CONTINGENCY; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Palm Beach County initiated a project for drainage improvements along 11 Highview Road from Summit Road to Overlook Road and within the project area, utility asset 12 adjustments are required due to conflicts with the new drainage piping; and 13 WHEREAS, approval of the Interlocal Agreement will allow Palm Beach County's 14 contractor to adjust the Utilities' water distribution system assets to resolve conflicts with the new 15 drainage pipe installation and adjust the water valves and water meter boxes to the new surface 16 elevations and grades; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve and 19 authorize the Mayor and City Manager to sign an Interlocal Agreement for Joint Participation with 20 Palm Beach County for the relocation of utilities and the construction of utility adjustments on 21 Highview Road from Summit Road to Overlook Road in the amount of $82,281.25, which includes 22 a 25% contingency. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and incorporated 26 herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor and City Manager to sign an Interlocal Agreement for Joint 29 Participation with Palm Beach County for the relocation of utilities and the construction of utility S:\CA\RESO\Agreenlents\ILA With PBC For Utility Relocation Highview Road - Reso.Docx 403 30 adjustments on Highview Road from Summit Road to Overlook Road in the amount of $82,281.25, 31 which includes a 25% contingency. A copy of the Interlocal Agreement is attached hereto as 32 Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 16th day of May, 2023. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 Maylee De Jesus, MPA, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 61 62 63 Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreenlents\lLA With PBC For Utility Relocation Highview Road - Reso.Docx 404 Ncli Deaxement of En.pineering I and Pub& WorRs RE: Joint Project Participation / Funding Agreement in Construction of' P (). Box 21229 Ifighview Rd. from Summit Rd. toOverlook.Rd� almach County Project No. 2018023 West flafin 13each, FL 334 t 6-1229 (56 �) 684-4000 Dear Mr. Roschek: FAX� (561) (64-4050 Enclosed herewith are three original joint project participation/funding agreenlents WrVW.pbcg(.)v.cr)rn for your vitility work in the aniount of$82,281.25 on the referenced pro.ject. B & B underground Construction, 111c. was the lowest responskie, responsible bidder, The contract for the ainount of $698,935.00 is anticipated to be awarded by the Board of County Commissioners on June 6, 2021 Palm, Beach County Please review and request the City's authorized personnel sign the agreements and BoatA of County Commissioners return all three oriArinals to our office fbr processing. Gregg K Werss, Mayor if you have any questions regarding this rnatter, please feel fiee to contact this office. Maria Sachs, vjce i\Aayor Maria G Marino Sincerely, Michael A Barnett Marci Woodward , moruxn I - —i�S-C-IJTI E-f7jr-G ,-q( Sara Baxter 4, j ,P,-"koadway Production Divisi011 Mack bernad Palm Beach County Engineering & Public Works ML,R:KOF:WC- SR.: Enclosure, Orighial Agreernent (3 Copies) Exhibit "A" & "B" county Administrator pc: Joanne M. Keller, P,E., Deputy County Eng ,ineer Verdenja C. Baker I,iz Heiman, Assistant County, Attomey Johnathan Blanco, Fiscal Manager, Administrative Services Division Ec: Morton Rose, P,E., Director- Roadway Production Dsion Kathleen Fanvfl, P.E., Assistant Director - Roadway Production Division Will Carey, RE., Special llrqject Manager - Roadway ProducfiOD Division Kristine Frazell-Sinith, P.E.,Local Roads Section Manager Roadway Production Div. Sandra Ospina P,E,, ProJect Manager - Roadway Production Division 1:aile: Project # 2018023 ETOADWAYWIlIXTY COORDINATION�2018023 pig. Rd\(Ity CoverI.#`IF,, "An Equa� Opporami�y /ffirrnwi ve Action Eny�h�'Ye,,?- I-2( printedonsustainable Bc.,�yntcn L".5,,,each �"2� and recycled paper 405 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING FOR RELOCATION OF UTILITIES AND CONSTRUCTION OF UTILITY ADJUSTMENTS FOR HIGHVIEW ROAD DRAINAGE IMPROVEMENTS PALM BEACH COUNTY PROJECT NO. 2018023 THIS Interlocal Agreement, (AGREEMENT), for Drainage Improvements to Highview Rd. from Summit Rd. to Overlook Rd. (PROJECT), is made as of the day of 2023, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (COUNTY) and the City of Boynton Beach, an interlocal government entity existing under the laws of Florida, (hereinafter "CITY'), each one constituting a public agency defined in Part I of Chapter 163, Florida Statutes (individually Party and collectively Parties). WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, thereby providing services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the CITY has requested the COUNTY to relocate certain utilities and construct, water main and associated appurtenance adjustments to the CITY'S system (UTILITY WORK) within the limits of the PROJECT; and WHEREAS, the COUNTY and the CITY desire to jointly participate in the UTILITY WORK; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the UTILITY WORK be constructed with the PROJECT; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the Parties agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein. 406 City of Boynton Beach utilities Construction Agreement ent for Highview td, m 407 City of Boynton Beach utilities Construction Agreement for Highview Rd. the CITY REPRESENTATIVE to ensure that expenditures have been made in conformity with this AGREEMENT. Upon COUNTYS COUNTYsubmission of acceptable documents needed to substantiate Its costs for the UTILITY WORK, CITY will provide said payment to COUNTY on a reimbursement basis within thirty (0) days of receipt of all required documents. In no event shall the CITY provide advance payment to the COUNTY® PROJECTThe incurred by the COUNTY relating to the UTILITY WORK are eligible for reimbursement by t CITY pursuant to the terms and conditions hereof. In the event the COUNTY ceases suspends the PROJECT or the UTILITY WORK for any reason, the CITY will reimburse t COUNTY for the UTILITY WORK completed as of the date the COUNTY suspends the UTIL WORK, Any remaining unpaid portion of this AGREEMENT shall be retained by the CITY a the CITY shall have no further obligation to honor reimbursement requests submitted by t COUNTY. I Section 54 Access and Audits. COUNTY and CITY shall maintain adequate records to justify all charges, expenses and costs incurred in performing the PROJECT and the UTILITY CORK for at lest five () years after completion or termination of this AGREEMENT. Each Party shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the other Parties place of business. In the event any work is subcontracted by COUNTY, COUNTY shall similarly require each contractor and subcontractor to maintain and allow access to such records for audit purposes. COUNTY and the CITY are and shall be, in the performance of all work, services and activities under this AGREEMENT Independent Contractors and not employees, agents or servants of the other Party, All COUNTY employees engaged in the work or services performed pursuant to this AGREEMENT shall at all times, and in all places, be subject to COUNTY'S sole direction, supervision, and control. All CITY employees engaged in the work or services performed pursuant to this AGREEMENT shall at all times, and in all places, be subject to CITY'S sole direction, supervision, and control, The Parties shall exercise control over the mems and manner in which it and its employees perform the work, and in all respects the Parties relationship and the relationship of its employees to the other Party shall be that of an Independent Contractor and not as employees or agents of the other. Neither COUNTY nor the CITY have the power or authority to bind the other in any promise, agreement or representation. Section 7. Personnel, COUNTY represents that it has, or will secure at its own expense, all necessary personnel required to perforin the services under this AGREEMENT. Such personnel shall not be employees of or have any contractual relationship with the CITY. N 408 City of Boynton Beach utilities Construction Agreement for Highview Rd. All of the services required hereinunder shall be performed by COUNTY or its contractor, and personnel engaged in performing the services shall be Bally qualified and, if required, authorized or permitted Lander stag and local law to perform such services. All of COUNTYS personnel, contractors and all subcontractors while on COUNTY premises will conduct themselves in an acceptable manner and follow acceptable safety and security procedures. Section 8. Indern In -ffi cation.* Section 10. breach and ortuni to lured The Parties expressly covenant and agree that in the event either Party is in default of its obligations under this AGREEMENT, each Party shall have thirty (0) days written notice before exercising any of its rights. Section 11. nforcernent Costs. Any costs or expenses (including reasonable attorney®s fees) associated with the enforcement of the terms and conditions of this AGREEMENT shall be borne by the respective Parties. M 409 City of Boynton Beach utilities Construction Agreement for Highview Rd. Section 12. Notice: Except as otherwise provided herein, all notices required to be given under this AGREEMENT shall be in writing, and deemed sufficient to each Party when sent by United States Mail, postage prepaid, or hand delivery, to the following: All notice to the CITY shall be sent to: City of Boynton Beach Utilities Christopher Roschek, P.E., Deputy Director — Utilities Operations 124 East Woolbright Rd. Boynton Beach, FL 33435 All notice to the COUNTY shall be sent to: Morton L. Rose, P.E., Director Palm Beach County Engineering & Public Works Roadway Production Division P.O. Box 21229 West Palm Beach, FL 33416-1229 Section 13. Modification and Amendment -o � d #f— Except as provided in Sections 2 and 3, and as expressly permitted herein to the contrary, 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 equality of dignity herewith. Section 14. Remedies;. This AGREEMENT shall be governed by the laws of the State of Florida. Any legal action necessary to enforce this AGREEMENT will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. No single or partial exercise by any Party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. Section 15. No Waiver Any waiver by either Party of its rights with respect to a default under this AGREEMENT, or with respect to any other matters arising in connection with this AGREEMENT, shall not be deemed a waiver with respect to any subsequent default or other matter. The failure of either Party to enforce strict performance by the other Party of any of the provisions of this AGREEMENT or to exercise any rights under this AGREEMENT shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provisions or rights in that or any other instance. 410 City of Boynton Beach utilities Construction structio reeme t for f i hvie wr Rd. Section 16.irrt Pry aratir�W 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 constraint, be construed more severely against one of the Parties than the other. Section 17. on -Discrimination@ COUNTY and CITY agree that both Parties shall not conduct business with nor appropriate any funds for any organization or entity that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity or expression, disability, or genetic information. COUNTY will ensure that all contracts let for the PROJECT and the UTILITY WORK pursuant to the terms of 'this AGREEMENT will contain a similar non-discrimination clause. Section 18.Execution: This AGREEMENT may be execrated in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 19. EiRM A copy of this AGREEMENT shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Section 20. Termination: MAMIUMMIN I 411 City of Boynton Beach utilities Construction Agreement for Highview Rd. and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421-2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 23. Public —E -011X Crime Certification: As provided in F.S. 287.132-133, by entering into this AGREEMENT or performing any work in furtherance hereof, COUNTY shall have its contractors certify that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). Section 24. 5—ev—e—ra—bl-H-W If any term or provision of this AGREEMENT, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this AGREEMENT, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this AGREEMENT shall be deemed valid and enforceable to the extent permitted by law. Section 25. Entirety of A reement: COUNTY and CITY agree that this AGREEMENT sets forth the entire AGREEMENT between the Parties, and there are no promises or understandings other than those stated herein. Section 26. Survival: The obligations, rights, and remedies of the the termination of this AGREEMENT or the shall survive such termination or PROJECT benefit of the Parties. Section 27. Term: Parties hereunder, which by their nature survive completion of the PROJECT and UTILITY WORK, or UTILITY WORK completion and inure to the The term of this AGREEMENT shall be effective on the date of execution of this AGREEMENT by both Parties. a 412 City of Boynton Beach utilities Construction Agreement for Highview Rd. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and the CITY has hereunto set its hand the day and year above written. CITY OF BOYNTON BEACH BY: Ty Penserga, Mayor APPROVED AS TO TERMS AND CONDITIONS By: Daniel Dugger City Manager ATTEST: By: Maylee De Jesus, CMC City Clerk BY: (DATE) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Michael Cirullo City Attorney 1117 ill i,ll H-* 413 Gl� (it Buylitull Beech wilido ('09SIVU010 Apangnt dam Rd, WAW E., Edo i�r r Ptodud'un U,'Nision PALL PrKli COUNTY, FLWA, APrlPA()VED AS'TO FORM ge: fsflefizaveu B. Herman Assistant tm,,nto, Allomm,, H: 'orAP-001 Ir, 1 nd'(.'jjj? AgrL 414 56v 0 1 0 F r ar �, esu uv vt ce. es ev w eEs av - vn as —es v3 &v cm sv ass en zn j en err � 6 a d O b b O _.. ....... O b bpC$ $ `c�• a a 8 .~-. QY W C•" ti .r w ipft fig 4A fsl 6H V9 6% 49 4H fig bFi 6H , 69 4H f5 Vi 4/i N3 fA W fI3 4i4 ffi t19 ri CS Cs d .$fy ��y r� 9 d $ � 9 tl' N V7 M O N- � ilo � !� uA eA va va sRr f !• $ $.... 8 C3 edrs .ean wO vbg wbs vOa 1'I w$s odv a O O $vi est waOs cbds5..... edC9i cppCa5 v$a wou-e i'. raurya .... waO as vi rri o� vi �Gr v cppi O pp O N vs O ti a: �ti r N $ ? J n V H N H b O O 8 M W v D M ! � , �, �d �: vt by esr an av ve sA ea sv us u� vt �s � ev w usi ea <n csr vt rws �ve ew w> i Mr 60 a4 O W G C. d Y N h b N M V d V h f ` �' •' `O 0 01 e"!6 O 1" 4 .-i ceyn Cyr C` Of! N Cv M M d 't' 'V� Xea N N �p VY tlG W � u i k l 14 . h..... 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'a :: `` U r4 cu d C7 O v 4 r d c pp wom, r ,PT J Yq „"e r1' 4: Af i 9V L6V 0 b 0 0 p o a b o a a b �y o b b b a O O b O O CS 6 O 0 0 0 O b CS O b b b O o � n ^�rpii t� u3 uz � c� cz ev xn cs of c5 � cap 4q cFr cA E -i��R yr It f,r lA iAp p {�11�iiy �" 6 O b b 6 O C m b b O O 6 O 4 O b 6Ci O C SII O b aha iY✓U b O a.6 v65 Obv M d b Obi av'a m W 4 h ��yy � jY di�YSYf, A C5 � w'1 do o0 F W;, O h �O of b O yi All, 2 �f ��1 ➢ 6 Y N tl� v9 KJ vwi N `Li N b" tii` W 0 ( 4 1 sH wi erA yyyr sn sv{�i t5 vi Vi e v w3 spp9 zppv vi w9 vi c9 v1 p� un v3 f v cs) �........'g M N N P ✓ / !� 9 d b b O vi h b O O b C'i b .O b b q l 6/ Na n" y H n asi os cs n wa cn cr> a a a 7 7 ? > t Q¢ 4 w w w w 7 7 (7 w 4 U U 8 SOK 6 civ ,� ?g1P i V�"��Y -- rrrr j Nll A", n/ rF ii "M v% %t VI Lr O a O Y �i `` wf v J E o a o J r % 'd �� > •Go a W �' W 0.l 0.1 ami o :a '� 'u �, ani tl ' a O O U U U >". 5 ¢p� _ ..._. a. a v Y a r 4 Z o o N 2 wl r of r d (may, o 0 o b N N M M rn N N N N o o o Z iZ o.. r , t yt Pkf 1 M N ......... _..... �.__ L __�.. . . 86v 6�V THE COUNTY DOES NOT GUARANTEE THE ACCURACY OF THE FORMULAS AND EXTENSIONS USED IN THIS SPREADSHEET. THE ITEMS AND QUANTITIES ABOVE, SHALL GOVERN OVER THE PLANS. PAY ITEM FOOTNOTES IN CONSTRUCTION PLANS SHALL ALSO BE INCLUDED IN ITEM UNIT PRICE. Note # FDOT� PAY ITEM FOOTNOTES 1 All IAII items shall include cost to furnish and install unless otherwise noted. 11 2 0334 113, Sawcut & bust joint c 11 ost shall be incidental to asphalt item. 0337 782 3 0102 1 MOT to include all items for maintenance of vehicular and pedestrian traffic as directed by Palm Beach County. Costs for clearing and grubbing to include Sawcut of existing asphalt or concrete designated for removal per the plans; the removal and 4 ! 0110 1 1 relocation of privately owned systems such as irrigation, mailboxes, fencing, etc.; the removallobhteration of any existing stop bar striping; the removal and relocation of any posts/signs; the removal of any stonn structures or piping; and the removal and disposal in suitable areas of excess and unsuitable material that may be encountered during excavation as directed by Palm Beach County. 0425 1341,0425 ..... ..... ___.. ........ .... ..... _... _._ 5 1521, (Excavation and backfill for structures including cost of any select bedding material that may be necessary for a satisfactory installation as 0425 1111,1425 2directed by Palm Beach County is considered incidental to the cost of structures. 41 6 0570 1 2 Sodding shall be in accordance with Section 575 of the general provisions of this specification and shall include the costs for fertilizer and water until final acceptance. 11 7 01201, (Berm construction, swale construction, re -grading of roadways, driveways, canal sections and all other rough and finish earthwork shall be 01206 considered incidental to the bid items "excavation" and "embankment". 8 0334 1 13, Prime and tack coats are considered incidental to roadway construction. This item includes 10 TN for speed humps. 0337 782 0520 1 10, .... _ 9 0520 3 Costs for concrete curb pad shall be considered incidental to the bid items "Concrete Curb & Gutter Type'F" and "Concrete Valley Gutter." Bids as read at opening on December 13, 2022, 2:00 PM All bids subject to OEBO compliance and Board Approval. Prepared by: Melissa Hagen, Technical Assistant I Checked bv: Holly B. Knieht. P.E.. Contracts Section Manager Page 5 of 5 0zV EXHIBIT "B" City of Boynton Beach Blvd. PROJECT NAME: Highview Rd. Drainage Improvements PROJECT NUMBER: 2018023 CONTRACTOR: B & B Underground Construction, Inc. ITEM WANTITY / UNITS UNIT PRICE AMOUNT Regular Items I N/.A Mobilization 11'5 $63,250.00 $63,250,00 2 0102 1 Maintenance of Traffic (including Pedestrian MOT) I LS $24,000.00 $24,000.00 Subtotal M �/Z-5-Q,,-0-0- City of Boynton Beach portion, 8% of line Items #1 and #2 Subtotal $6,980.00 City of Boynton Beach Total S65,825.00 City of Boynton Beach Grand Total Including 25% Contingency$8�81.25 FAROADWAY\UTILITY COORDINAMM2018023—Highview RdTity's Exhibit B.doc I ITEM WANTITY [UNITS UNIT PRICE AMOUNT City of Boynton Beach Utility Items 27 105015001 Water Main Service Deflections 7 EA $1,570.00 $10,990.00 28 1050 15003 6" Water Main Deflection 2 EA $7,000.00 $14,000.00 29 425 6 Water Main Valve Adjustments 3 EA $333.00 $999.00 30 1080 21500 Water Meter Box Adjustments 8 EA $607.00 $4,856.00 31 042510030 Conflict Structures (Manhole) 2 EA $14,000.00 $28,000.00 City of Boynton Beach Utilities Subtotal $58,845.00 ITEM WANTITY / UNITS UNIT PRICE AMOUNT Regular Items I N/.A Mobilization 11'5 $63,250.00 $63,250,00 2 0102 1 Maintenance of Traffic (including Pedestrian MOT) I LS $24,000.00 $24,000.00 Subtotal M �/Z-5-Q,,-0-0- City of Boynton Beach portion, 8% of line Items #1 and #2 Subtotal $6,980.00 City of Boynton Beach Total S65,825.00 City of Boynton Beach Grand Total Including 25% Contingency$8�81.25 FAROADWAY\UTILITY COORDINAMM2018023—Highview RdTity's Exhibit B.doc I N .LIUHS AIN NOI.LJIIaOIld IF MQVOU S?INOM JI'lHad QNV �YRI331NIOti3 rc " QVON MMAHJIH Q " .C.T.NfIOJ HJd�A W'7Vd 'I?I a ss p O 3 z yOw H J w o � m w= o�ZZ 0 z w W =az o . < d Q z " o zrowaoQ H O= Q U= Q Q Q' HH�w�a Q Q m = Z W LLv=im �OH Q w Q o w Z Q H Z Z W Z r Q z m z z U U C7www< w=00000 a 0 V 0 azo W Q L +t t+-FHri[+f+tH H-pt+t 77, i � H 13033 S c7 c7 0 � x m x x � {-Ff ffii((((FF(f fliFF o (f; Pf4fP4^F D ZIZ, w�w�w� � GH A0018anO Z Z> Oa imms W w Q Oa m _ AAObE) �o om �UM��yNd.O+ Q W YW❑owWo 2 �zN�� w Z On19 ow = = w" Z z mW w w� 1s3aOvas z= m m V 3N17 htld HNOS 0 2 I ~ U W 3� s m g¢ I Jy IOW II I I bN"� �ry h W 3N17 M/H 1SV3 _ ' C U \ YII IION010 W — 3 I � O � WW z � R¢ Oi¢•v N� h ¢ ¢ RRf I m W� W W WNL 3N17 M/H �¢ m YII— g � 3 W W W Q U Y � W N r 3 }II II II �O W — 3N17 M/H 1S3M I W ¢ 3N17 htld HNOS h W W 2 I ~ U W s m " U 3 Jy IOW II I I bN"� �ry h W � ' C U \ YII IION010 W — � WW z VIII �oS h ¢ ¢ RRf I m W I}I H1HON I 3N17 M/H g � 3 W ¢\ y (NV7d 33S) 13HVA Hl,31. a> i h (NV7d 33S) o ¢ S3/HVA HLd30._ i k h W W 2 2 ~ U W s 3 j v O �u �ry h W � ' C U \ I — yr m h ¢ ¢ RRf I m y (NV7d 33S) 13HVA Hl,31. a> i h (NV7d 33S) o ¢ S3/HVA HLd30._ i WW 2 ~ U s 3 j v O �u �ry y (NV7d 33S) 13HVA Hl,31. a> i h (NV7d 33S) o ¢ S3/HVA HLd30._ i WW 3 ' ¢ Hh y (NV7d 33S) 13HVA Hl,31. a> i h (NV7d 33S) o ¢ S3/HVA HLd30._ i 0 0 N ......... ......... ........ .: J ...... ... .. I i Li En ,Ol l U w�. k c r yN I b end zzad a o> `� to�iir,v 00+11 ��//�� OVO 1HYlY � r T/�/� 00+1 6 ry. _ OO+/ ... .... ..., yyl I O O O O O O O rr, V N O Ci I n I1Cu ro � U U 2 2 S OVOH )K) WOO 1 \ .... _ r yoO---- N� WOJ m II. � o W ,4z ,ozl cn+si vis o ID mss) 3xnN,um h N O 2 S OVOH )K) WOO 1 \ .... _ r yoO---- N� WOJ m II. � o W ,4z ,ozl cn+si vis o ID mss) 3xnN,um h lilHON S oo+sa vis (z ms -W) 3NnAmm _ I I f I V 4i N�----- ' , v, o 2 Q^ei� I j f III O O S O O S V N O Ci 00+91 MIS (9 MIC -W) 3M -MMP 3'0 ,0[ S �1 I� �I C � , I � m I �- 3'0 ,0[ S �1 I � I I J^ oo+sr VIS (8 MHS -US) 3N VOW 31 U Consent Agenda 05/16/2023 Proposed Resolution No. R23-060- General Consulting Services - Amendment and Extension. Requested Action by Commission: Approve and Authorize the City Manager to execute Amendments with the Eleven (11) Consultants as a result of RFQ No. 046-2821-17/TP for General Consulting Services, and approve an extension of no more than 180 days with each Consultant or until new RFQ is executed whichever is less. Explanation of Request: On August 7, 2018, City Commission approved and authorized the City Manager to sign individual agreements with eleven (11) awarded Consultants resulting from RFQ No. 046-2821-17/TP for General Consulting Services for the five (5) scope categories. (1) Scope Category A - Water Plant Modifications. Capacity and Operation Evaluation Carollo Engineers, Inc. CH2MHill Engineers, Inc. Globaltech, Inc. (2) Scope Category B - Infrastructure Improvements and Evaluations Carollo Engineers, Inc. AECOM Technical Services, Inc. CDM Smith, Inc. (3) Scope Category C - Ancillary Studies and Services Carollo Engineers, Inc. CDM Smith, Inc. Globaltech, Inc. (4) Scope Category D - Transportation Services Kimley-Horn and Associates, Inc. Calvin, Giordano & Assoc., Inc. Baxter & Woodman, Inc. (5) Scope Category E - Architecture and Landscape Design Services 2GHO, Inc Alexis Knight Architects, Inc. West Architecture + Design, LLC 429 July 1, 2020, Florida Statutes 287.055 known as the "Consultants' Competitive Negotiation Act", was amended increasing the maximum contract value for continuing contracts from $200,000 to $500,000 and maximum construction costs from $2 million to $4 million dollars. The City and the Consultants desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with Florida Statutes 287.055, as to the maximum contract values for study activity and construction costs for continuing contracts. The City also would like to extend these agreements, no more than 180 days (February 16, 2024), or until the new solicitation is awarded, whichever is less. How will this affect city programs or services? Agreement terms consistent with the maximum contract values in Florida Statutes § 287.055 (CCNA). Fiscal Impact: Budgeted by task order. Attachments: Reso R23-060 Approve_amendment_to_General_Consulting_Services_Agreements_11_- _Reso. pdf RFQ #046-2821-17 TP - General Consulting Services FINAL.pdf Amendment - Calvin, Giordano & Associates, Inc..pdf Amendment -Alexis Knight Architects, Inc..pdf Amendment - Aecom Technical Services, Inc..pdf Amendment - CH2M Hill Engineers.pdf Amendment - CDM Smith, Inc..pdf Amendment - Carollo Engineering, Inc..pdf Amendment - Globaltech.pdf Amendment - West Architecture Design LLC.pdf Amendment - 2GHO, Inc..pdf Amendment - Baxter Woodman Inc..pdf Amendment - Kimley-Horn and Associates Inc.pdf 430 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R23-060 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENTS WITH THE ELEVEN (11) CONSULTANTS AS A RESULT OF RFQ NO. 046-2821-17/TP FOR GENERAL CONSULTING SERVICES, AND APPROVE AN EXTENSION OF NO MORE THAN 180 DAYS WITH EACH CONSULTANT OR UNTIL NEW RFQ IS EXECUTED WHICHEVER IS LESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 7, 2018, City Commission approved and authorized the City Manager to sign individual agreements with eleven (11) awarded Consultants resulting from RFQ No. 046-2821-17/TP for General Consulting Services for the five (5) scope categories; and WHEREAS, as of July 1, 2020, Florida Statutes 287.055 known as the "Consultants' Competitive Negotiation Act", was amended increasing the maximum contract value for continuing contracts from $200,000 to $500,000 and maximum construction costs from $2 million to $4 million dollars; and WHEREAS, The City and the Consultants desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with Florida Statutes 287.055, as to the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, City staff is also recommending to extend these agreements, no more than 180 days (February 16, 2024), or until the new solicitation is awarded, whichever is less; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to sign Amendments with the Eleven (11) Consultants as a result of RFQ No. 046-2821-17/TP for General Consulting Services, and approve an extension of no more than 180 days with each Consultant or until new RFQ is executed whichever is less. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Approve Amendment To General Consulting Services Agreements (11) - Reso.Docx 431 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the City Manager to sign Amendments with the Eleven (11) Consultants as a result of RFQ No. 046- 2821-17/TP for General Consulting Services, and approve an extension of no more than 180 days with each Consultant or until new RFQ is executed whichever is less. A copy of each Amendment is attached hereto and incorporated herein by reference as Exhibits "A -K". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Approve Amendment To General Consulting Services Agreements (11) - Reso.Docx 432 CITY OF BOYNTON BEACH REQUEST FOR QUALIFICATIONS FOR GENERAL CONSULTING SERVICES RFQ NO.: 046-2821-17/TP RESPONSES DUE: Monday, AUGUST 28, 2017 AT 2:00 P.M. Al The City of Boynton Beach s' Procurement Services 100 E. Boynton Beach Boulevard P.D. Box 310 Boynton Beach, FL 33425-0310 Telephone: (561) 742-6310 FAX. (561) 742-6316 TABLE OF CONTENTS Scope of Services and Project Information........................................................... Section 1 —Scope of Services and Project Information..................................................... 2 Section 2 — Proposal Submittal Information........................................................................ 8 Section 3 — Proposer Submission Requirements............................................................... 10 Section 4 — Evaluation of Proposals................................................................................... 14 Section 5 — General Conditions for Proposers.................................................................... 16 Section 6 — Special Conditions.............................................................................22 Appendix`A'........................................................................................................................ ProposerAcknowledgement................................................................................... 25 Proposer's Qualification Statement......................................................................... 26 Addenda Acknowledgement................................................................................... 32 Anti -Kickback Affidavit............................................................................................. 33 Non -Collusion Affidavit of Proposer........................................................................ 34 Confirmation of Minority Owned Business.............................................................. 35 Vendor Certification Regarding Scrutinized Companies...................................36 Confirmation of Drug -Free Workplace.................................................................... 37 Schedule of Sub-Contractors.................................................................................. 38 Palm Beach County Inspector General Acknowledgement ..................................... 39 Statementof Non-Submittal.................................................................................... 40 Appendix`B'................................................................................................... Draft Contract Agreement.............................................................................. C-1 — C-21 Exhibits Insurance Advisory Form Exhibit"A"....................................................................... 1 Performance Evaluation Form ExhibitT...................................................... 2 - 5 Boynton Beach Utilities - General Consulting Services Request for Qualifications The City of Boynton Beach s' Procurement Services 100 E. Boynton Beach Boulevard P.D. Box 310 Boynton Beach, FL 33425-0310 Telephone: (561) 742-6310 FAX. (561) 742-6316 REQUEST FOR QUALIFICATIONS FOR "GENERAL CONSULTING SERVICES" RFQ # 046-2821-17/TP Sealed Requests for Qualifications (RFQ's) will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: Monday, August 28, 2017, No Later Than 2:00 PM (Local Time). RFQ's will be opened in: 100 E. Boynton Beach Boulevard CITY HALL — 2ND FLOOR (Unless otherwise designated) One (1) oriainal. so desianated. one (1) CD and five (5) conies (total of seven (7)1 submissions of the response shall be submitted in one sealed package clearly marked on the outside "RFQ NO.: 046-2821-17/TP - GENERAL CONSULTING SERVICES" and addressed to the City of Boynton Beach, Procurement Services, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, or P.O. Box 310, Boynton Beach, Florida 33425-0310. All RFQ's will be publicly opened and recorded for acknowledgement of receipt. RFQ's received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that an RFQ can be considered. The City reserves the right to consider RFQ's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFQ and prior to award being made. ELIGIBILITY: A. Proposers will be eligible to respond to this Request for Qualifications if the proposing Firms demonstrate that they or the principals assigned to this project, have successfully completed services similar to those specified in the Scope of Services of this RFQ. B. Proposers must include as a part of the RFQ submittal, sufficient documentation, client references, and qualifications to support their ability and experience to perform the services contained in the RFQ. Boynton Beach Utilities - General Consulting Services Request for Qualifications Al The City of Boynton Beach s' Procurement Services 100 E. Boynton Beach Boulevard P.D. Box 310 Boynton Beach, FL 33425-0310 Telephone: (561) 742-6310 FAX. (561) 742-6316 C. "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping in the state of Florida. Also certified under Florida Statutes § 471.023 to practice or to offer to practice engineering; certified under Florida Statutes § 481.219 to practice or to offer to practice architecture; or certified under Florida Statutes § 481.319 to practice or to offer to practice landscape architecture. CONE OF SILENCE: Pursuant to Palm Beach County Section 2-355, after the deadline to respond to this RFQ, members of the City Commission are prohibited from communicating directly or indirectly with Proposers regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. SCOPE OF SERVICES: Selection of consultants shall be in accordance with Florida Statutes § 287.055, known as the "Consultants' Competitive Negotiation Act". The purpose of this solicitation is to establish a minimum of two (2) no more than a maximum of three (3) consultants in each scope category listed below to be used as -needed to provide prompt and efficient professional services within a scope that may include (without limitation) design, cost estimating, and construction management services. Each selected Firm shall enter into a continuing contract with the City. To ensure equitable distribution of services, firms considering multiple submittals are allowed to submit for up to three (3) scope categories. There will be no exceptions. In addition, a minimum of two (2) no more than a maximum of three (3) firms will be selected in each scope category. Scope Categories are as follows: SCOPE A: Water Plant Modifications, Capacity and Operational Evaluation SCOPE B: Infrastructure Improvements and Evaluations SCOPE C: Ancillary Studies and Services SCOPE D: Transportation Services SCOPE E: Architectural and Landscape Design Services Boynton Beach Utilities - General Consulting Services Request for Qualifications Al The City of Boynton Beach s' Procurement Services 100 E. Boynton Beach Boulevard P.D. Box 310 Boynton Beach, FL 33425-0310 Telephone: (561) 742-6310 FAX. (561) 742-6316 PRE -PROPOSAL CONFERENCE: A non -mandatory Pre -Proposal Conference will be held at 2:30 PM on August 8, 2017 at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the projected schedule, provide instructions for submitting qualifications, and discuss other relevant issues. In the event that any discussions or questions at the pre -proposal meeting require, in the City's opinion, official additions, deletions or clarifications of the solicitation, or any other document, the City will issue an addendum to this Request for Qualifications, as the City determines is appropriate. No oral representations or discussions taking place at the pre -proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre -proposal meeting should be submitted in writing by the deadline stated. ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download, by facsimile, or through the United States Postal Service (USPS). Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Any questions relative to any item or portion(s) of this solicitation should be directed to Taralyn Pratt, Contract Coordinator, (561) 742-6447 with Office Hours: Monday— Friday, 8:00 A.M. to 4:30 P.M. or email at PratttCaD_bbfl.us. CITY OF BOYNTON BEACH M TIM W. HOWARD, ASSISTANT CITY MANAGER - ADMINISTRATION DIRECTOR OF FINANCIAL SERVICES Boynton Beach Utilities - General Consulting Services Request for Qualifications Al REQUEST FOR QUALIFICATIONS (RFQ) No. 046-2821-17/TP FOR "GENERAL CONSULTING SERVICES" SECTION 1 — SCOPE OF SERVICES & PROJECT INFORMATION 1.1 BACKGROUND: The City of Boynton Beach, Florida, (City) with a population of approximately 89,000 residents, Boynton Beach is the third (3rd) largest city in Palm Beach County. The City of Boynton Beach, Florida provides Potable Water, Wastewater, Stormwater and Reclaimed Water services through the Utilities Department. Water, wastewater and/or reclaimed water services are provided to an area about twice the size of the City which includes Town of Ocean Ridge and Briny Breezes, Village of Golf (wastewater only), part of Town of Hypoluxo, and an unincorporated part of Palm Beach County. Stormwater services are provided only within the City limits. The utility system includes: two (2) wellfields, two (2) water treatment plants one (1) 24 MGD lime softening and one (1) 10.4 MGD low pressure membrane softening, two (2) aquifer storage and recovery wells, a sewage collection and transmission system with approximately 165 wastewater lift stations, and the associated water distribution and wastewater collection piping systems, reclaimed water distribution system, stormwater swales, and a stormwater collection and disposal system. In addition to the Utilities Department, this contract will be utilized City-wide for various projects relating to the following departments to include but not limited to Recreation and Parks, Police, Fire, Public Works, Development, and Information Technology Services (ITS). 1.2 GOAL: The City's goal is to secure the services of professional consultants to facilitate on-going renewal, replacement and capital improvement projects to existing underground utilities, the water treatment facilities and projects for other departments within the City. 1.3 TERM OF THE PROJECT: The term of this contract shall be effective for two (2) years beginning from the award date, with three (3) optional one-year renewal periods contingent upon satisfactory performance and determination that it's in the City's best interests to renew the contract. Boynton Beach Utilities - General Consulting Services 2 Al 1.4 AWARD OF RFQ/SELECTION PROCESS: A. Selection of consultant(s) shall be in accordance with Florida Statutes § 287.055, known as the "Consultants' Competitive Negotiation Act". This solicitation intends to establish a minimum of two (2) no more than a maximum of three (3) consultants in each scope category listed below to be used as -needed to provide prompt and efficient professional services within a category that may include (without limitation) design, cost estimating, and construction management services. This Contract will not allow task orders for projects in which the estimated construction cost of each individual project under the contract exceeds $2 million or for study activity if the fee for professional services for each individual study under the contract exceeds $200,000. B. Each selected Firm shall enter into a continuing contract with the City. To ensure equitable distribution of services, firms considering multiple submittals are allowed to submit for up to three (3) scope categories. There will be no exceptions. .In addition, the three (3) firms selected in each Scope Category will be utilized on a rotational basis. The highest ranked proposer for each Scope Category will be first in the rotation line. As each project is identified by way of task orders, the next firm on the rotational list(s) within the required Scope category (ies) will be requested to submit a proposal. C. Proposers are required to submit separate proposal submittals for each Scope Category. For example: Firm "A" is submitting for Scope A and Scope D, then firm "A" needs to provide proposal/binders in response to Scope A and separate proposal/binders for Scope D. Firm "B" is submitting for Scope C only, then firm "B" submits only one (1) proposal/binder in response to Scope C only. D. The following scope categories are intended to provide examples of the types of projects that may be contemplated by the City in the future. Proposers shall specify the Scope Category or Categories of their expertise and indicate on the front of their proposal for ease of evaluation. Boynton Beach Utilities - General Consulting Services 3 9 SCOPE A: WATER PLANT MODIFICATIONS, CAPACITY AND OPERATIONAL EVALUATION Types of Processes: Low Pressure Membrane Softening Nanofiltration Ion Exchange Lime Softening Disinfection/Chlorination Power Management and Power Generation Process Control and Instrumentation Planning, Design, Permitting, Bidding Assistance and Services During Construction Production Well Implementation Other Related Services SCOPE B: INFRASTRUCTURE IMPROVEMENTS AND EVALUATIONS Water Mains Interconnections Sanitary Sewer Line and/or Reclaimed Water Lines Inflow and Infiltration Studies/Repair Wastewater Pump Station Rehabilitation/Expansion and Analysis Wastewater Pressure Mains Pump Sizing/Expansion Improvements Stormwater Management Swale and Drainage Development/improvements Outfalls Neighborhood Improvements Reclaimed Water Mains Air Release Valve Evaluation and Design Lighting Planning, Design, Permitting, Bidding Assistances and Services During Construction Sidewalks Construction Administration and Management Other Related Services Boynton Beach Utilities - General Consulting Services dd SCOPE C: ANCILLARY STUDIES AND SERVICES NDPES Permitting Vulnerability Assess ments/Securit Systems Clean Air Act Compliance Wastewater Capacity Analysis Hydraulic Analysis Power Analysis Process Engineering Geographic Information Systems / Mapping and Field Verification AutoCad Services Aerial Photogrammetry and Photography Geotechnical Surveys Subaqueous Utility Main Crossing Evaluation City, State, Federal and Railroad Utility Crossing Evaluation Environmental Assessments Subsurface Underground Evaluation Rate Studies HVAC Systems Analysis Public Relations Consulting Services RFP, RFQ and Bid Evaluations Planning, Design, Permitting, Bidding Assistances and Services During Construction Asset Management Implementation Assistances Constructability/Operability Quality Review Valve Engineering Other Related Studies and Services SCOPE D: TRANSPORATION SERVICES Traffic and Si nalization Analysis Traffic Calming Planning & Design Roadway Design Inspection and Testing of Roadway Material Environmental Stud City's Vehicle Analysis Sidewalk Compliance Evaluation Planning, Design, Permitting, Bidding Assistances and Services During Construction Review Consultants Plans for Conformance with Industry Standards Mobility Stud Other Related Services Boynton Beach Utilities - General Consulting Services AA SCOPE E: ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES Development of Park and Public Space Conceptual Plans and Site Planning Development of Park and Public Space Plans Development of Landscape and Irrigation Plans Preparation of Plans and Specifications for Public Facilities and Landscape Areas General Landscape and Architectural Services Development of Entryway, Identification and Interpretive Signage Pedestrian and Bikeway Design and Specifications Design of Barrier -free Facilities Planning, Design, Permitting, Bidding Assistances and Services During Construction Asset Management Implementation Assistances Structural Analysis and Assessment Review Consultants Plans for Conformance with Industry Standards Other Related Services 1.5 PROJECT MANAGEMENT REQUIREMENTS: This project will utilize an internet-based project management tool called e -Builder Enterprise TM. This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, and Engineer, utilizing e -Builder EnterpriseTM. No additional software will be required. The Owner and Engineer will assist the Contractor in providing training to their personnel. Contractor shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non -Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e -Builder EnterpriseTM. Electronic File Requirements: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all "As -Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as -built drawings) shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e -Builder Enterprise TM. The As - Built Drawings shall also be submitted in AutoCAD (.DWG) format. Boynton Beach Utilities - General Consulting Services N. 1.6 e -Builder Implementation Requirements: e -Builder EnterpriseTM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor, Engineer, and Owner. e -Builder EnterpriseTM includes extensive reporting capabilities to facilitate detailed project reporting in a web -based environment that is accessible to all parties and easy to use. • Central Document Vault: e -Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members. • Communication/Correspondence: e -Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members. • Project Calendars: Meetings will be scheduled and maintained centrally on e - Builder EnterpriseTM • Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. e -Builder LICENSING REQUIREMENTS: e -Builder EnterpriseTM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full access to e -Builder EnterpriseTM including all of the documents and reports mentioned above. Furthermore, each user license provides the e -Builder software as a service (SaS) including: • All hosting, operation, maintenance and data backup of the e -Builder EnterpriseTM software and documents which are maintained in state-of-the-art data centers located throughout the United States. • Quarterly e -Builder EnterpriseTM software enhancements • Unlimited phone, email and web based support 24 -hours: The City of Boynton Beach has an e -Builder EnterpriseTM License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project. The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from e -Builder directly at the contractors own cost. END OF SECTION Boynton Beach Utilities - General Consulting Services 7 dd H REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 046-2821-17/TP FOR "GENERAL CONSULTING SERVICES" SECTION 2 — INSTRUCTIONS TO PROPOSERS 2.1 The City of Boynton Beach will receive responses to RFQ No. 046-2821-17/TP for "GENERAL CONSULTING SERVICES" until Monday, August 28, 2017 at 2:00 PM (LOCAL TIME) at Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida. All proposers or their representatives are invited to be present; however, only the names of the proposers will be read. 2.2 Any responses received after the above stated time and date will NOT be considered. It shall be the sole responsibility of the Proposer to have their RFQ submittal delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that submittals be sent by an overnight air courier service or some other method that creates proof of submittal. RFQ responses which arrive after the above stated deadline as a result of delay by the mail service shall not be considered, and arrangements shall be made for their return at the Proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFQ and prior to the award being made. 2.3 If any addenda are issued to this Request for Qualifications, the City will attempt to notify all prospective Proposers who have secured the original RFQ through Demandstar.com; therefore, it shall be the responsibility of each Proposer, prior to submitting the RFQ response, to contact the City Procurement Services, at 561-742-6322 to determine if any addendum(s) were issued and to complete any addendum acknowledgements as part of their RFQ response. 2.4 Proposers may request information regarding the RFQ in writing from Taralyn Pratt at prattt(a)bbfl.us. Such a request shall be received in writing at least ten (10) days prior to the submittal deadline. 2.5. One (1) oriainal. so desianated. one (1) CD and five (5) copies (total of seven (7 submissions of the RFQ responses shall be submitted in one sealed package clearly marked on the outside, "RFQ No. 046-2821-17/TP — GENERAL CONSULTING SERVICES" and addressed: City of Boynton Beach, Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310. Boynton Beach Utilities - General Consulting Services 51 2.6 Responses shall clearly indicate the legal name, address and telephone number of the Respondent. Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the Proposer to the submitted RFQ. Proposers must note their Federal I.D. number on their RFQ submittal. 2.7 All expenses for making RFQ responses to the City are to be borne by the Proposer. 2.8 A sample draft Contract that the City intends to execute with the successful firm(s) is contained within this Request for Qualifications for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and the professional services Fees will be negotiated following selection of the top firm(s). The scope of services will include some or all of the scope of work items listed in Section 2 of this Request for Qualifications. 2.9 Each Proposer by submission of an RFQ response acknowledges that in the event of any legal action challenging the award of a RFQ, damages, if any, shall be limited to the actual cost of the preparation of the RFQ. END OF SECTION Boynton Beach Utilities - General Consulting Services A dd REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 046-2821-17/TP FOR "GENERAL CONSULTING SERVICES" SECTION 3 — PROPOSAL SUBMISSION REQUIREMENTS 3.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Qualifications. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Technical Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for Qualifications requirements. The selected Firm 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 Firms will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFQ. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. C. Detailed Proposal. The detailed Proposal should follow the order set forth in this Section of the Request for Qualifications. Failure to follow this format may result in the proposal being rejected as non -conforming. 1. Letter of Interest The Letter of Interest shall be a maximum of two (2) pages that summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be signed by the Proposer or person authorized to bind the Proposer to the submitted RFQ. Boynton Beach Utilities - General Consulting Services 10 dd 2. Firm's Qualifications (8 single sided page limit not including the Proposer's Qualification Statement a) ) a) Complete and submit Proposer's Qualification Statement, (see Appendix "A") herein. b) Details on the qualifications of the firm submitting the signed Letter of Interest (primary firm). Proposers shall provide description of firm, including size, range of activities, strength, stability, experience, honors, awards, recognitions, etc. Particular emphasis should be given as to how the Firm's experience and expertise will be directly beneficial to the City for the work related to the discipline scope category(ies) as proposed. c) Firm to demonstrate their experience in the scope category(ies) proposed along with same for the proposed sub -consultant, if any to be utilized. d) Identify the sub -consultants the Firm proposes to utilize to supplement the Firm's staff. e) If the Principal Place of Business is different than the location specified in the Proposer's Qualification Statement, Appendix "A", then proposer shall specify office location where each project will be managed and produced. 3. Qualifications of Project Team, (key project members) and availability of specialty resources. (15 single sided page limit including Resumes) Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services including: a) An organizational chart that 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 resumes for all key project members outlining the relevant experience and education, along with licensure/training and city of residence. c) Sub -consultant firms and key personnel from these firms shall be clearly identified. Proposers are to recognize that the City will not allow substitution of key project members during the Contract period without the agreement of the City. d) Clearly detail work specific to each discipline; past projects the primary firm has completed with the identified firm to show a working relationship exists. d) Any supplemental materials that might enhance the City's understanding of the Consultant and its capabilities and experience. 4. Current and Projected Workload of Proposer (by office location if applicable) (5 single sided page limit) a) Provide quantitative data that clearly indicates the ability of the Proposer to devote the necessary resources to successfully complete the services and projects in a timely manner. Current and projected workload data shall be provided for each key project member as follows: 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. Boynton Beach Utilities - General Consulting Services 11 3. Projected workload of project management activities as defined in the scope of services. 4. Identify sub -consultant firms providing significant services that may be assigned more than five (5%) of the work. 5. Approach to the Scope of Work (4 single sided page limit) Provide in concise narrative form, the Proposer's understanding of the City's needs, goals and objectives as they relate to the intended project based on the examples provided within the Scope Categories, and the overall approach to accomplishing the project. Give an overview on the proposed vision, ideas, and methodology with project timelines. The approach shall include but not be limited to the following: ❖ Budget: Detail methods or processes that the Firm will utilize to assure design and fees meet the City's budget requirements. ❖ Quality Control Plan: Provide a plan in detail on your quality control process(es) to be implemented to ensure that quality work product can be achieved at certain standards (eg. ISO9000). ❖ Dispute Resolution: Detail on how to resolve issues to prevent cause to delay projects. ❖ Methodology regarding project budgets and schedules, and the ability to meet both with a minimum number of change orders. 6. References — Past Performance (3 single sided page limit) Provide a list of three (3) governmental agency references for similar General Consulting 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) Address, and 3) Contact Name and telephone number. Contact persons must be informed by the Proposer that they are being used as reference and that the City or its designee will be contacting them for information. City staff will email / call each reference up to three (3) times. 7. Financial Information (4 single sided page limit) Provide clear and succinct information that will allow insight to the City about the financial qualifications, fitness and stability of the firm; to include but not limited to financial statements and Dun and Bradstreet report. If a joint venture arrangement is being proposed, provide similar information for those participants in the proposal. This information will be in addition to completion of the Annual Average Revenue (Government Related and/or Non - Governmental Related) of the Proposer for the last three (3) years located within the Proposer's Qualification Statement (Item 18). 8. Submittal of General Information and Procurement Forms and Documents Boynton Beach Utilities - General Consulting Services 12 dd Procurement forms can be found in Appendix 'A' and must be completed, signed and notarized when required and submitted. In addition, all other requested and supporting documentation should be included in this Section. a) Proposer Acknowledgement b) Addenda Acknowledgement (if applicable) c) Anti -Kickback Affidavit d) Non -Collusion Affidavit of Proposer e) Confirmation of Minority Owned Business f) Vendor Certification Regarding Scrutinized Companies g) Confirmation of Drug Free Workplace h) Palm Beach County Inspector General Acknowledgement i) Statement of Non -Submittal (if applicable) j) Schedule of Sub -Consultant k) Submit current Florida Professional License, including evidence of possession of required licenses or business permits 1) Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form herein as an Exhibit Attachment. m) Submit any Supplemental information relative to this RFQ END OF SECTION Boynton Beach Utilities - General Consulting Services 13 9 REQUEST FOR QUALIFICATIONS (RFQ) No. 046-2821-17/TP FOR "GENERAL CONSULTING SERVICES" SECTION 4 — EVALUATION OF PROPOSALS 4.1 EVALUATION CRITERIA The Selection Committee will review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best -qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive to this solicitation, and will be evaluated as follows: Evaluation Criteria Maximum Potential Points Firms Qualifications and Experience 25 Project Team's/Assigned Staff Qualifications & Experience 40 Current and Projected Workload of Project Team 10 Project Approach 10 Past Performance / References 10 Financial Resources 5 Total A. Evaluation Process 100 PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": Selection Committee consisting of City staff or outside consultants, if necessary, will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the Proposer is qualified to render the required services according to State regulations and the requirements of this RFQ. The City may consider multiple Selection Committee Members for each Scope Category depending upon the volume of submittals received. 2. In the event less than three (3) firms express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re -advertise, and after a subsequent 14 A4 advertisement resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection committee will score and rank all responsive proposals based on the requirements of the RFQ and determine a minimum of three (3) firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Respondent(s). 5. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations, the Committee will re-evaluate, re -rate and re -rank the proposals remaining in consideration based upon the evaluation criteria listed above. 6. Upon final ranking, the list of proposers recommended for award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement(s) based on the attached draft contract found in Appendix "B" developed from this Request for Qualifications. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract(s) will be submitted to the City Commission for their consideration and approval. END OF SECTION 15 A4 REQUEST FOR QUALIFICATIONS (RFQ) No. 046-2821-17/TP FOR "GENERAL CONSULTING SERVICES" SECTION 5 — GENERAL CONDITIONS FOR PROPOSERS FAMILIARITY WITH LAWS: The Proposer is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Proposer will in no way relieve Proposer of responsibility to adhere to such regulations. 2. RFQ FORMS: The Proposer will submit a RFQ on the RFQ forms provided. All descriptive information must be legibly entered. The Proposer is required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. RFQs not submitted on attached RFQ forms may be rejected. All RFQs are subject to the conditions specified herein. RFQs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFQ: RFQ must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: If not submitting a RFQ, respond by returning one copy of the "STATEMENT OF NO RFQ" by mail, email or fax to the attention of the Procurement Services contact herein, and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify, Proposer must submit a "NO RFQ" and it must be received no later than the stated RFQ receiving date and hour. 5. RFQ DEADLINE: It is the Proposer's responsibility to assure that the RFQ is delivered at the proper time and place prior to the RFQ deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. RFQs which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider RFQs that have been determined by the City to be received late due to mishandling by the City after receipt of the RFQ. Offers by email, fax or telephone are not acceptable. 6. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive any defect, irregularity or informality in any RFQ or RFQ procedure; B. Reject or cancel any or all RFQ's; C. Reissue an Invitation to RFQ; D. Extend the RFQ deadline time and date; 16 A4 E. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 7. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Respondent has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 8. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to personnel identified in the RFQ document in writing no later than ten (10) days prior to the RFQ deadline. Inquiries must reference the date by which the RFQ is to be received. 9. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 10. SUBCONTRACTING: If a Proposer subcontracts any portion of a Contract for any reason, the Proposer must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFQs wherein a subcontractor is named and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a RFQ of any Proposer if the RFQ names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 11. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposer through the City's e -Procurement system demandstar.com, it is each Proposer's responsibility to check with Procurement Services and immediately secure all addenda before submitting RFQs. Each Proposer shall acknowledge receipt of ALL addenda by notation on the RFQ and shall adhere to all requirements specified in each addendum prior to submission of the RFQ. 12. ANTITRUST CAUSE OF ACTION: In submitting a RFQ to the City of Boynton Beach, the Proposer offers and agrees that if the RFQ is accepted, the Proposer will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the Purchasing Division tenders final payment to the Proposer. 13. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Respondent will in no way be a cause for relief from responsibility. 17 A4 14. ON PUBLIC ENTITY CRIMES — All Invitations to RFQ's as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFQ on a contract or provide any goods or services to a public entity, may not submit a RFQ on a contract with a public entity for the construction or repair of a public building or public work, may not submit a RFQ on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 15. SCRUTINIZED COMPANIES LISTS: Section 287.135, Florida Statutes, requires that at the time a company submits a bid or proposal for a Contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. Bid responses of $1 million or more must include the attached Scrutinized Companies Lists form to certify that the respondent is not on either of those lists 16. NON -COLLUSION AFFIDAVIT: Each Proposer shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 17. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 18 A4 18. ANTI -KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 19. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore each Proposer shall complete the Confirmation of Minority -Owned Business Form and shall 20. ADVERTISING: In submitting a RFQ, the Proposer agrees not to use the results there from as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 21. ASSIGNMENT: Any Purchase Order issued pursuant to this RFQ invitation and the funds which may become due hereunder are not assignable except with the prior written approval of the City. 22. INDEMNIFICATION: The selected Proposer shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected Proposer(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from Proposer's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the Proposer's within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the Proposer's hereunder, for which the City may be entitled to a claim or indemnity against the Proposer, under the provisions of this Contract. Proposer shall have the right to control the defense of any such claim, suit or actions. The Proposer's shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the Proposer's breach of any of the provisions of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 23. 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 proposal/bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall 19 A4 comply with Florida's Public Records Law. Specifically, the Contractor 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, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 24. CONTRACT AGREEMENT: A Consultant Agreement outlining the Scope of Services with the intent of accomplishing a timely, cost-effective completion of a given project will be provided. This will result in a specific Task Order/Written Order stipulating the Scope of Work to be provided after the execution of said Consultant Agreement. The Consultant Agreement will be based on 20 successful negotiation. The final Consultant Agreement will be submitted to the City Commission for their consideration and approval. 25. FUNDING OUT: The resultant 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 for 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. 26. PALM BEACH COUNTY INSPECTOR GENERAL: The successful Proposer 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 any Contract Agreement/Task Order resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the Contractor's employees and its subcontractors and lower tier subcontractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor's employees or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this Agreement justifying its termination. The awarded Contractor(s) will be required to sign the Palm Beach County Inspector General Acknowledgment Form as part of the final Construction Agreement/Task Order. END OF SECTION 21 A4 REQUEST FOR QUALIFICATIONS (RFQ) No. 046-2821-17/TP FOR "GENERAL CONSULTING SERVICES" SECTION 6 — SPECIAL CONDITIONS It will be the responsibility of the successful Proposer(s) to supply necessary labor for completion of services. 2. The City by written notice may terminate in whole or in part any Contract resulting from this RFQ invitation, 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. 3. It shall be the responsibility of the successful Proposer(s) to maintain workers' compensation insurance, property damage, liability, professional 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 vendor 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. 4. The City of Boynton Beach reserves the right, before awarding a Contract(s) to require a Proposer(s) 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. 5. The successful Proposer(s) shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. 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 its agent. 22 A4 6. PERFORMANCE EVALUATION: The awarded Consultant(s) will receive a performance evaluation by City Staff on an annual basis to evaluate design professional performance for consideration in future projects. Exhibit "B" enclosed within this document illustrates a sample evaluation form used by the City for the various types of services provided by the Consultant. The Evaluation Form will be retained by the City with records on matters that shall include but not be limited to: 1) errors and/or omissions by way of recording all change orders identified as such, for the purpose of recovery for premium costs, 2) evaluate whether reimbursement of premium costs is appropriate and 3) evaluate design professional performance for consideration in future projects. END OF SECTION 23 APPENDIX "A" THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 ►,r PROPOSER'S ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 RFQ Title: GENERAL CONSULTING SERVICES RFQ Number: 046-2821-17/TP RFQ Due: Monday, August 28, 2017 NO LATER THAN 2:00 PM (LOCAL TIME) RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services, unless specified otherwise, on: Monday, August 28, 2017, no later than 2:00 PM (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: Authorized Signature Name Typed THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 25 ►,r PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Submitted By: Name: Address: City, State, Zip: Telephone No.: Fax No.: Check One Corporation Partnership Individual Other* (*if other is checked, please provide supporting information to validate the legality of the Firm). 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: 3. If Proposer is an individual or a partnership, answer the following: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 26 a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFQ solicitation. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre -Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 27 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 28 ►,r 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non -Governmental Related Work Total Work a +b Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone 18. If Proposer has submitted a financial statement with their proposal, is the document for the identical organization named on page one? YES = NO 19. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 20. What will be your turnaround time for written responses to City inquires? THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 29 21. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 22. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 23. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. 24. Has the Proposer, its principals, officers or predecessors' organization(s) been CONVICTED OF a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 30 ►,r The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract may cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed (Title) Subscribed and sworn to before me This day of , 20 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 31 ►,r A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ No. 046-2821-17/TP FOR "GENERAL CONSULTING SERVICES" PROPOSER: DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 32 468 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP -31 NAME - SIGNATURE 2017 Printed Information: NAME TITLE COMPANY THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 33 NON -COLLUSION AFFIDAVIT OF PROPOSER State of County of He is (Title) has submitted the attached RFQ: being first duly sworn, deposes and says that: of , the Proposer that (Name of Corporation or Integrator) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Said RFQ is genuine and is not a collusive or sham RFQ; Further, the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other Proposer, integrator or person to fix the price or prices in the attached RFQ or of any other Proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of ,20 (Signed) (Title) Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 34 A7 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 your RFQ response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services35 d7'I VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. This requirement is not applicable to federally funded contracts. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name and Title: Date: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services36 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS 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: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) 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. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this integrator complies fully with the above requirements. Vendor's Signature: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 37 A7 75- ( \ \ \% ./ m/ =o /\ \/ /2 \ 2 \/ o n 2S m» e ■ 2 \ \ = \ £ n2 = y ƒ k V t � � ° �� .> 2 2 ) D2 ■ a E ƒE 2/ V« \ ) d 7 % 2 7 e / § =z � � � ■ ¥) E Or— ■ %( c 7( Lw ■ u � \ � \ LU \ k \ LU 2 �/ g & )\ 2k U O 6m 0 \ ¥¥ 00 / U $ c U @ J � 0_ / Ww � m § \ I \ \ w 2 . co % 0 -1 a- �k �§ 64 64 O �« \ � U = e / 0 2 0 \Cq E\ f � � \ J o n q � ° �w z �p� /// �U 2S wp U �2/ @ �Z3 F -(n 2 LU E §(./ �0 LL D / / LU /� Z W 0 U) �±\ Lm \/\&/ FO � mss= o mw �o 0cn \22 ._\ ¥\q L� /}/ k75 2a. 7 3 3 « a u j f b a/ )%[ y 0( ƒ§/ ��z \/k ��\ / m�S \ \ § 2 § 0.0 » \2 U 0 a) // \ CL \ 0 - ( \c = U) \ C;).- ¥ \ f a// \ _ e / o e¥5 \/ E 2&/ \ 7 m \ § e o u § k ° _ / egg o =3 q U 0 Seg % @%3 /ES W 0[§ / A7 ° E V« d 2 ■ ■ c ■ u � � k 0 g 0 U @ � � % �/ � � � ° �U ■ @ E Z PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT RFQ NO.: 046-2821-17/TP GENERAL CONSULTING SERVICES The Consultant/Engineer 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 Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant/Engineer and its subcontractors and lower tier subcontractors. The Consultant/Engineer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant/Engineer or its subcontractors or lower tier subcontractors 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. FIRM NAME By Title: Date: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities - General Consulting Services 39 A7 STATEMENT OF NON- SUBMITTAL If you are not submitting an RFQ for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified vendor's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: FAX: SIGNATURE: DATE: WE, the undersigned have declined to respond to RFQ No.: 046-2821-17/TP — GENERAL CONSULTING SERVICES because of the following reasons: Scope of Services to include supplies is geared toward a specific brand or integrator only (explain below) Insufficient time to respond to the Invitation We do not offer the services outlined in the Scope Our product schedule would not permit us to perform Unable to meet the requirements of the Scope of Services Unable to meet bond/insurance requirements Scope of Services unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBMITTING A RESPONSE, PLEASE COMPLETE THIS FORM AND RETURN TO PROCUREMENT SERVICES Boynton Beach Utilities - General Consulting Services 40 476 APPENDIX `B' DRAFT GENERAL CONSULTING SERVICES CONTRACT AGREEMENT Boynton Beach Utilities - General Consulting Services A7 DRAFT APPENDIX "B" GENERAL CONSULTING SERVICES THIS AGREEMENT is entered into referred to as "the CITY", and CONSULTANT", in consideration hereinafter specified. between TBD of the r the City of Boynton Beach, hereinafter , hereinafter referred to as "the utual benefits, terms, and conditions WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiations Act, the City's Procurement Code, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with an engineering firm for required services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, RFQ No. 046-2821-17/TP defined design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of and other assignments logically tied to the development, operational maintenance of the City of Boynton Beach; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager through her administrative staff has successfully negotiated an Agreement with CONSULTANT defining terms and conditions, and cost for the performance of consulting and engineering services with the scope for the Request for Qualifications; and WHEREAS, the City Commission on , 2017, accepted the CITY Administration's recommendation and designated CONSULTANT as one of qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting 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. The specified project which may be assigned to CONSULTANT is in conjunction with Scope Category A, Scope Category B, Scope Category C, Scope Category D and or Scope Category E attached hereto. Boynton Beach Utilities - General Consulting Services C-1 0 1.2 The CITY may have multiple CITY Representative (s) or project managers during the performance of this AGREEMENT based on the specific task orders/written work authorizations from each of the Scope Categories. 1.3 SERVICE AND RESPONSIBILITIES 1.3.1 GENERAL: The CONSULTANT upon issuance of a task order/written work authorization from the initiation of a work order shall perform the services in accordance with standard industry practice. The CONSULTANT shall guard against defects in its work of its Consultants' or Sub -consultants' work. 1.3.2 PRELIMINARY SERVICES: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required. Provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. During this phase, the CONSULTANT shall advise the CITY, based on CONSULTANT's professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY's needs for surveys; site evaluations and comparative studies of prospective site and solutions; and prepare and furnish not more than six (6) copies of a report setting forth the CONSULTANT's findings and recommendations. 1.3.2.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.3.2.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.3.2.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or Boynton Beach Utilities - General Consulting Services C-2 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.3.3 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.3.3.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.3.3.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.3.3.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.3.3.4 The CONSULTANT shall advise the CITY of any adjustments to Boynton Beach Utilities - General Consulting Services C-3 previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.3.3.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.3.3.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.3.3.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product to ensure compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall ensure that all necessary approval have taken place. 1.3.3.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to ensure that all work is properly coordinated and that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that will assure the CITY that all work has been performed as required per ISO9000 standards. A monthly report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents to ensure the highest level of quality. 1.3.3.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.3.3.10 The CONSULTANT shall guarantee the construction documents, technical specifications and drawings are completed to the CITY's satisfaction in the time frame agreed upon at the onset of the project. If the CONSULTANT does not adhere to the agreed upon time schedule, the CONSULTANT agrees to compensate the CITY for any additional costs incurred by the CITY or for any loss of funding which may result in delay of the project. 1.3.4 The CONSULTANT following the CITY's approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in awarding and Boynton Beach Utilities - General Consulting Services C-4 AR preparing contracts for construction. 1.3.4.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY's Procurement Administrative Policy Manual. 1.3.4.2 Should the lowest responsible, responsive bid as recommended by CONSULTANT exceed the estimated total Construction Cost of the Final Design Plan by less than 25% for small projects (equal or less than $1M) or 10% for large projects (more than $1M), CONSULTANT at no additional cost to the CITY shall meet with the CITY's Representative to identify ways to reduce cost to bring the project cost within the Final estimated probable total Construction Cost of the Final Design Plan. If after meeting with the CITY, the CITY determines that they cannot identify ways to reduce costs, CONSULTANT will be required to redesign portions of the project within three (3) months following direction from the CITY to bring the cost of the project within the Final Estimate probable total Construction Cost of the Final Design plan, and at no additional expense to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or industry -wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY's Representative and as approved by the CITY, if necessary. If the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.3.4.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.3.4.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.3.4.5 The CONSULTANT shall recommend any addenda, through the CITY's representative as appropriate, to clarify, correct, or change proposal documents. 1.3.4.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.3.4.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.3.5 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check and approve samples, schedules, shop drawings and other submissions for Boynton Beach Utilities - General Consulting Services C-5 conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also prepare change orders, assemble written guarantees required for the Contractor, and approve progress payments to the Contractor based on each project schedule of values and the percentage of work completed. 1.3.5.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. Among those shall be change orders which are identified as architectural/engineering errors and omissions. An error determined to be caused solely by the CONSULTANT and the costs of which would not otherwise have been a necessary expense to the CITY for the project shall be considered for purposes of this Agreement to be an additional cost to the CITY which would not be incurred without the error or omission. If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. So long as the additional cost of construction for all errors caused solely by the CONSULTANT remain less than five percent (5%) of the total construction cost for projects (equal or less than $1 M), or two and one-half percent (2.5%) for large projects (more than $1M); the CITY shall be entitled to recover the full and total additional cost to the CITY as a result of CONSULTANT errors and omissions from the CONSULTANT. To obtain such recovery, the CITY shall deduct from the CONSULTANT's fee a sufficient amount to recover all such additional cost to the CITY up to the amount of the CONSULTANT's insurance deductible. Should additional costs incurred by the CITY exceed the CONSULTANT's insurance deductible, the CITY shall look to the CONSULTANT and the CONSULTANT's insurer for the remaining amount of additional construction costs incurred by the CITY. The recovery of additional costs to the CITY under this paragraph shall not limit or preclude for other separate and/or additional damages, which the CITY may otherwise incur. The CITY reserves the right to withhold from the CONSULTANT's fees or the CONSULTANT's request for payment such amounts for the CONSULTANT's errors and omissions, as determined by the CITY, after a meeting with the CONSULTANT and CITY staff. The CONSULTANT shall retain all rights to assert a claim to recover any amount so withheld. The CONSULTANT recognizes that the CITY's right to withhold payments is a material inducement to the CITY entering into this Agreement. Withholding any monies herein shall not be deemed a default and/or breach of this Agreement by the CITY and the CONSULTANT shall continue performance of all services required under this Agreement, notwithstanding such Boynton Beach Utilities - General Consulting Services C-6 withholding of monies by the CITY. The recovery of additional costs to the CITY under this paragraph shall not limit or preclude recovery for other separate and/or additional damages that the CITY may otherwise incur. •3 This paragraph does not apply to changes requested by the CITY. •3 The provisions of Paragraph 1.3.5.1does not constitute a waiver of the CITY's right to claim or recover damages in excess of the CONSULTANT's basic service fees through litigation or other means. The CITY reserves the right to act as Project Manager. 1.3.6 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Contract price to the Contractor. 1.3.7 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.3.12 "Resident Project Services" of this Agreement. The CONSULTANT's observation shall determine the progress and quality of the work, and whether the work is proceeding in accordance with the Construction Documents. The CONSULTANT will provide the CITY with a written report of each site visit in order to inform the CITY of the progress of the Work. The CONSULTANT shall endeavor to guard the CITY against defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.3.8 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and Boynton Beach Utilities - General Consulting Services C-7 AR AutoCad files in a form compatible with the CITY's version of AutoCad formats for archival purposes. 1.3.9 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.3.10 The CONSULTANT shall prepare change orders for the CITY's approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.3.11 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.3.12 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to provide protection to the CITY against defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: ❖ Conducting all pre -construction conferences; •3 Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; ❖ Receipt, review coordination and disbursement of shop drawings and other submittals; ❖ Maintenance and preparation of progress reports; ❖ Field observation and verification of quantities of equipment and materials installed; ❖ Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; ❖ Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; •3 Preparation, update and distribution of a project budget with each project schedule; •3 Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; •3 Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. ❖ Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Boynton Beach Utilities - General Consulting Services C-8 ❖ Development and implementation of a system for the preparation, review, and processing of change orders; •3 Maintenance of a daily log of each project; ❖ Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; •3 Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; ❖ Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; and The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. 1.4 ADDITIONAL SERVICES 1.4.1 When authorized pursuant to written Work Authorization, the CONSULTANT shall furnish the following additional services: ❖ Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❖ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. ❖ Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY's schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT's control. ❖ Providing renderings or models for the CITY's use. •3 Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. •3 Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of Boynton Beach Utilities - General Consulting Services C-9 material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. •3 Assistance in connection with Proposal/proposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. ❖ Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. ❖ Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. ❖ Providing artwork, models, or renderings as requested by the CITY. 1.4.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT's control, and upon the CITY's authorization, it will furnish the following additional services. •3 Services in connection with work changes necessitated by unforeseen conditions encountered during construction. •3 Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. ❖ Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT negligently fails to notify the Contractor of the status of their workmanship pursuant to CONSULTANT's duties as described in the Contract Documents, the CONSULTANT's additional construction services related to the remedy shall be deemed part of Basic Services and compensated as such. •3 Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. •3 Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. ❖ Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Boynton Beach Utilities - General Consulting Services C-10 Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. 1.5 CITY'S RESPONSIBILITIES The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.5.1 Designate in writing a person or persons to act as the CITY's representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT's services for a particular project. 1.5.2 Provide all criteria and full information as to the CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.5.3 Assist the CONSULTANT by providing at the CONSULTANT's request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.5.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT's services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.5.4.1 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.5.4.2 Appropriate professional interpretations of all of the foregoing; 1.5.4.3 Environmental assessment and impact statements; 1.5.4.4 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.5.4.5 Property descriptions; 1.5.4.6 Zoning, deed and other land use restrictions; 1.5.4.7 Approval and permits required in the CITY's jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.5.4.8 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY's property as required for the CONSULTANT to perform services under this Agreement. 1.6 SEQUENCE OF EVENTS 1.6.1 Following receipt of any task order/written work authorization, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY Boynton Beach Utilities - General Consulting Services C-11 � reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. Work authorizations will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. Proposals received by CONSULTANT as a result of task order/work authorization that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the City's Procurement Administrative Policy. 1.6.2 When the CITY issues work authorizations to the CONSULTANT, each authorization shall contain a stated completion schedule. Failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. It is anticipated and intended that the CONSULTANT will be authorized to begin new work authorizations on a "rolling" basis, as some already assigned work authorizations near timely completion. If a subsequent work authorization is issued to the CONSULTANT before it has completed the current work authorization, the completion date for each work authorization will remain independent of each other so that the CONSULTANT will prioritize the uncompleted work authorization from the first work authorization and finish as soon as practical. Failure to complete the "older" work authorizations in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.6.3 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.6.4 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further work authorizations until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY's satisfaction, the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent work authorizations. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non -issued work authorizations due to the CONSULTANT being rendered in default. Boynton Beach Utilities - General Consulting Services C-12 1.6.5 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.6.3, the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.7 DEFINITION OF DEFAULT 1.7.1. An event of default shall mean a breach of this Agreement by the CONSULTANT. Without limiting the generality of the foregoing and in addition to those instances referred to as a breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis; ❖ CONSULTANT has refused or failed to supply enough properly skilled personnel; ❖ CONSULTANT has failed to make prompt payments to Subconsultants or suppliers for any services after receiving payment from the CITY for such services or supplies; ❖ CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has failed in any representations made in this Agreement; or CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. 1.7.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: ❖ The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT's work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT's rates. This amount shall also include procurement and administrative costs incurred by the CITY. ❖ Consequential damages and incidental damages. 1.7.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the Boynton Beach Utilities - General Consulting Services C-13 AG contract for three (3) additional one (1) year periods, under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the three (3) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 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 CONSULTANT 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 CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant work authorization. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "" attached hereto. b. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. c. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. d. Final payment of any balance due the CONSULTANT 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. e. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'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 CONSULTANT. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS Boynton Beach Utilities - General Consulting Services C-14 AG All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract shall be the property of the CITY whether the Project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Contract, with out the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT's services shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONTRACT 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. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Contract, 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 Contract. ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Contract 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 my result from this Contract or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE Boynton Beach Utilities - General Consulting Services C-15 AG 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, 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 sub -Consultant 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. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONTRACTOR 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. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT 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 CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - Consultants comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Boynton Beach Utilities - General Consulting Services C-16 AG Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent consultant with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be 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 CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent consultant pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, 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. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT 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 Contract is accurate, complete, and current as of the date of the Contract and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 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 consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. Boynton Beach Utilities - General Consulting Services C-17 AG ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Contract, 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. ARTICLE 15 -ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Contract 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. Boynton Beach Utilities - General Consulting Services C-18 495 ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract 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 Contract 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. 19.2 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 Contract. THIS REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY Boynton Beach Utilities - General Consulting Services C-19 AG ARTICLE 20 - NOTICES All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Attn: Utilities Director 124 E. Woolbri ht Road Boynton Beach, FL 33435 Copy to: City of Boynton Beach Attn: Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 And if Notices to CONSULTANT, shall be sent to the following address: FI RM Attn: ADDRESS 1 ADDRESS 2 CITY/STATE/ZIP ARTICLE 21 -INTEGRATED AGREEMENT This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 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 Contract, 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 Contract, 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. 22.2 In connection with any litigation or other proceeding arising out of the Contract, 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. 8. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. 2. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. Boynton Beach Utilities - General Consulting Services C-20 AG 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 City Manager Attest/Authenticated: Title City Clerk Approved as to Form: Office of the City Attorney Boynton Beach Utilities - General Consulting Services C-21 CONSULTANT (Corporate Seal) Attest/Authenticated: Secretary 498 EXHIBITS EXHIBIT "A " EXHIBIT "B" GENERAL CONSULTING SERVICES AG EXHIBIT "A" City of Boynton Beach Risk Management Department 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.) The following 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 or lower 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 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire)$ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form ------------------------------------------------------------------------------------------------------------------------------------------- Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined INSURANCEADVISORYFORM05 jzn EXHIBIT "B" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity, Report, Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No ❑ Conditional If other than yes, provide detailed explanation on a separate sheet of paper. 8. Name, title, and office of rating officer (e.g. Utilities Director): 9. Signature of rating officer: x;n EXHIBIT "B" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 beinq the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 beina the hiahest score N/A 1. Specs afford competition 1 2 3 4 5 2. Specs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Res onse to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permittin agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: 3 2 EXHIBIT "B" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) CONSTRUCTION PHASE COMPLETION Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: 4 jzn Rate numerically 1 to 5 with 5 bein the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all Permitting Agencies? 1 2 3 4 5 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building Officials and/or Regulatory Agencies? 1 2 3 4 5 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc. 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or associates work and paperwork? 1 2 3 4 5 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: 4 jzn EXHIBIT "B" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 beina the hiahest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 solving? 2 3 4 5 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: 5 x;n FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and CALVIN, GIORDANO & ASSOCIATES, INC., a company authorized to do business in the State of Florida, with its principal place of business at 560 Village Blvd, Suite 340, West Palm Beach, FL 33409, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 505 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 506 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. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 507 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk {00563143.1 306-9001921 } 2023. CALVIN, GIORDANO & ASSOCIATES, INC. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 4 of 4 508 FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and ALEXIS KNIGHT ARCHITECTS, INC., a company authorized to do business in the State of Florida, with its principal place of business at 100 NE 6`' Street, Suite 102, Boynton Beach, FL 33435, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 509 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 510 employment eligibility of- A. fA. 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 terinination. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 511 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk {00563143.1 306-9001921 } 2023. ALEXIS KNIGHT ARCHITECTS, INC. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 4 of 4 512 FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and AECOM TECHNICAL SERVICES, INC., a company authorized to do business in the State of Florida, with its principal place of business at 800 S. Douglas Road, 2"t Floor, North Tower, Coral Gables, FL 33134, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on September 7, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 513 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 514 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. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 515 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk {00563143.1 306-9001921 } 2023. AECOM TECHNICAL SERVICES, INC. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 4 of 4 516 FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and C112M HILL ENGINEERS, INC., a company authorized to do business in the State of Florida, with its principal place of business at 550 W, Cypress Creek Road, Fort Lauderdale, FL 33309, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 517 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 518 employment eligibility of- A. fA. 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 terinination. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 519 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk {00563143.1 306-9001921 } 2023. CH2M HILL ENGINEERS, INC. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 4 of 4 520 FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and CDM SMITH, INC., a company authorized to do business in the State of Florida, with its principal place of business at 621 NE 53rd Street, Suite 265, Boca Raton, FL 33487, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 521 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 522 employment eligibility of- A. fA. 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 terinination. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 523 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk {00563143.1 306-9001921 } 2023. CDM SMITH, INC. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 4 of 4 524 FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and CAROLLO ENGINEERS, INC., a company authorized to do business in the State of Florida, with its principal place of business at 9896 Lake Worth Road, Suite 302, Lake Worth, FL 33467, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 525 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 526 employment eligibility of- A. fA. 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 terinination. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 527 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk {00563143.1 306-9001921 } 2023. CAROLLO ENGINEERS, INC. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 4 of 4 528 FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and GLOBALTECH, INC., a company authorized to do business in the State of Florida, with its principal place of business at 6001 Broken Sound Pkwy. NW, Suite 610, Boca Raton, FL 33487, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on September 7, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 529 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 530 employment eligibility of- A. fA. 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 terinination. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 531 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk {00563143.1 306-9001921 } 2023. GLOBALTECH, INC. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 4 of 4 532 L0 M FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the _ day of _, 2023, between: 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"; and WEST ARCHITECTURE + DESIGN, LLC, a company authorized to do business in the State of Florida, with its principal place of business at 820 N. 0' Street, Lantana, Fl, 33462, hereinafter referred to as ""CONSULTANT."" WITNESSETH: WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the Rl�'% which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/,rp, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. 100563143.1306-9001821 ) Page 1 of 4 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as maybe amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES T_ 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 3064001821 f Page 2 of 4 Ln M eligibility of: A. All persons employed by a Contractor to perforin 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. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail, In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. (005631431 306-9091821 1 Page 3 of 4 (D M L0 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this —,,, day of 2023. CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk WEST ARCHITECTURE, +DESIGN, LLC c3o (Signature), Company MKMJ1;,w r- ('k)6 -4T Print Name of Authorized Official Title (Corporate Seal) Attest/Authent[cated: J`Mtne s W Print Name 100563143.1306-90018211 Page 4 of 4 BE FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and 2GHO, Inc. Landscape Architects, Planners, Environmental Consultants, a company authorized to do business in the State of Florida, with its principal place of business at 1907 Commerce Lane, Ste 101, Jupiter, FL 33458, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 20'h 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. (00563143.1306-90018211 Page 1 of 4 537 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001821 ) Page 2 of 4 538 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 ten-ninated 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. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. f00563143.1 306-90018211 Page 3 of 4 539 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this _ day of 2023. CITY OF BOYNTON BEACH 2GHO, INC. LANDSCAPE ARCHITECTS, PLANNERS, ENVIRONMENTAL CONSULTANTS . . ..... .. . .. ......... "I . . . ............. . . . ........ . ... . Daniel Dugger, City Manager (Signature), Company Print Narnc,(�, Aut onze( OI&Icial Title (Corporate Seal) Attest/Authenticated: Wit_ �- Q � s Print Name Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk (00563143-13(&9001821 ) Page 4 of 4 540 M FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of _-,,,,-,,2023, between: 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"; In BAXTER & WOODMAN, INC., a company authorized to do business in the State of Florida, with its principal place of business at 1601 Forum Place, Suite 400, West Palm Beach, FL 33401, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. (00563143.130&9001821 } Page 1 of 4 541 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 100563143.1306-%01821 ) Page 2 of 4 542 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. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001827 } Page 3 of 4 543 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. DATED this day of -----,2023. CITY OF BOYNTON BEACH BAXTER & WOODMAN, INC. / or .................. . Daniel Dugger, City Manager (Signature), Company Rebecca Travis Print Name of Authorized Official Executive Vice President . ......... .................. TitleC"I" /V (Corporate LU Attest/Authenticated: I X ................ ---------- - --------- Witne s s c-, -K Print Name Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk f00563143.1 3069001821 ) Page 4 of 4 544 FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: 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"; and KIMLEY-HORN AND ASSOCIATES, INC., a company authorized to do business in the State of Florida, with its principal place of business at 1920 Wckiva Way, Suite 200, West Palm Beach, FL 33411, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several qualified consulting firms to provide General Consulting services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ), which RFQ was intended to procure general consulting services under a continuing contract pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values for study activity and construction costs for continuing contracts; and WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the maximum contract value for continuing contracts to $500,000 and maximum construction costs to $4 million; and WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida Statutes as to the maximum contract values for study activity and construction costs for continuing contracts. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Request for Qualifications shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. {00563143.1 306-9001921 } Page I of 4 545 SECTION 2. Section 1.1 of the Agreement is amended to add the following: This Agreement will not allow task orders for study activity, or projects, in which the estimated construction cost of each individual study or project under the task order exceeds the maximum contract values in §287.055, Florida Statutes, as may be amended from time to time. SECTION 3. SCRUTINIZED COMPANIES SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. SECTION 4. E -VERIFY 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. 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. "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 {00563143.1 306-9001921 } Page 2 of 4 546 employment eligibility of- A. fA. 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 terinination. SECTION 5. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. {00563143.1 306-9001921 } Page 3 of 4 547 IN WITNESS WHEREOF, ie Parties have executed the Amendment by their duly authorized representatives. ........... L DATED this day of Mav .4ORI VAMICO ", 2023. EXPIRES: match 16, 2424 ru Notary Pumic undAwrwAq. Daniel Dugger, City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk KIATLEY-1-IORN AND ASSOCIATES, INC. (Signature), Company MARWAN MUFLEH W—iiif-Name of Authorized-00—friccial SR. VICE PRESIDENT Title Attest/Auth,ent-icated Ile Witness ERIC REGUEIRO Print Name fOOS63143.1 306 90Ot821 ) Page 4 of 4 '0'0— PND tA ra,t§SEeal) n L 00 IV LO M Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Resolution No. R23-061- Land Use Agreement - Journey Church Parking Lot (July 4, 2023). Requested Action by Commission: Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event on Tuesday, July 4, 2023. Explanation of Request: The City has received permission from the property owner to utilize the following property to provide free public parking for 4th of July event attendees: Journey Church - 715 S. Federal Highway Attendees will have the option to park remotely in the lot and utilize free bus shuttle services to and from the event provided by the City of Boynton Beach's transportation vendor during the duration of the 4th of July event on Tuesday, July 4, 2023. How will this affect city programs or services? Parking is very limited at Intracoastal Park and these agreements provide additional parking options for those that would like to attend the 4th of July event. Fiscal Impact: There is no cost related to the temporary use of these properties for the 4th of July event to be held on Tuesday, July 4, 2023. Attachments: Reso R23-061 Land_Use_Agreement_with_Journey_Church—for _ July_4th_2023_-_Reso.pdf 23 - JOURNEY CHURCH - AGREEMENT FOR USE OF PROPERTY 549 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R23-061 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JOURNEY COMMUNITY CHURCH, INC., FOR THE 4T" OF JULY EVENT TO BE HELD JULY 4, 2023; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received permission from the property owner to utilize the Journey Community Church, Inc., property located at 715 S. Federal Highway, Boynton Beach, as a public parking option during the Annual 4t" July Holiday event on July 4, 2023; and WHEREAS, parking is very limited at Intracoastal Park and this site will provide an alternative for public parking during the event; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach and Journey Community Church, Inc., for the 4t" of July event to be held July 4t", 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the Mayor to sign a Land Use Agreement between the City of Boynton Beach and Journey Community Church, Inc., for the 4t" of July Annual Event to be held July 4, 2023. A copy of the Agreement S:\CA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2023 - Reso.doex 550 28 is attached hereto as Exhibit "A." 29 Section 3. This R 30 PASSED AND ADOP 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: 50 51 52 Maylee De Jes6s, MPA, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 58 59 60 61 esolution shall become effective immediately upon passage. TED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2023 - Reso.doex 551 OIL] 11111 :P 11''17 01 k A 61 THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this 28th day of March , 2023, by and between the City of Boynton Beach ("City") and Journey Community Church Inc., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on Tuesday, July 4, 2023 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result of a defect in the Property and/or Owner's failure to maintain the Property. Guests, invitees, and third parties are responsible for taking reasonable precautions to ensure their own safety on the Property. The Owner shall not be held liable for injuries resulting from guests, invitees, and third parties' own negligent actions and/or failure to take such reasonable precautions. The City is responsible for any injuries which occur on the Property as a result of a defect in or faulty installation and/or maintenance of the tower lights, portable restrooms, and event parking signs on the Property, in accordance with Section 5.e. below. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and Owners, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; Page 1 of 5 552 c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted bylaw, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 8. This Agreement shall expire on Wednesday, July 5, 2023 at 6:OOpm. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. By execution of this Agreement, in accordance with the requirements of F.S. 287- 135 and F.S. 215.473, Owner certifies that Owner is not participating in a boycott of Israel. Owner further certifies that Owner 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 Owner 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 Owner of the City's determination concerning the false certification. Owner 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, Owner 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 Owner 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 553 Page 2 of 5 from time to time. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: City Clerk (SEAL) Approved as to form: City Attorney ATTEST: (SEAL) CITY OF BOYNTON BEACH LE Print Name: TY PENSERGA Title: MAYOR JOURNEtY- COMMUNITY CHURCH, INC. By: Print Name: ion Wetter Title: Operations Pastor The foregoing instrument was acknowledged before me by means of D physical presence or online notarization this a9 day of Mai 2023, by "�6 n WQ Ite r as for Journey Co unity Church, Inc. doV� Michelle Cw a FloridaMy CorrE n"on HH 118297� Expirss071 ) (Name T ed Printed.or Stam ed Personally Known I OR Produced Identification Type of Identification Produced 554 Page 3 of 5 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on Tuesday, July 4, 2023. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower, signage and portable restrooms placement) before the Event. This access may occur anytime between Monday, July 3, 2023 and Wednesday, July 5, 2023, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights, portable restrooms, and event parking signs on the Property for the Event. Page 4 of 5 555 Page 5 of 5 556 6.L Consent Agenda 05/16/2023 Proposed Resolution No. R23-062- Land Use Agreement - 3301 Quantum Parking Lot (July 4, 2023). Requested Action by Commission: Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner LLC for the 4th of July event on Tuesday, July 4, 2023. Explanation of Request: The City has received permission from the property owner to utilize the following property to provide free public parking for 4th of July event attendees: 3301 Quantum Owner LLC - 3301 Quantum Boulevard Attendees will have the option to park remotely in the lot and utilize free bus shuttle services to and from the event provided by the City of Boynton Beach's transportation vendor during the duration of the 4th of July event on Tuesday, July 4, 2023. How will this affect city programs or services? Parking is very limited at Intracoastal Park and these agreements provide additional parking options for those that would like to attend the 4th of July event. Fiscal Impact: There is no cost related to the temporary use of these properties for the 4th of July event to be held on Tuesday, July 4, 2023. Attachments: Reso R23-062 Land_Use_Agreement_with_3301_Quantum_Owner_LLC_for_July_4th_2023_-_Reso.pdf Land Use Agreement - 3301 Quantum Parking Lot 557 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R23-062 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 3301 QUANTUM OWNER, LLC., FOR THE 4T" OF JULY EVENT TO BE HELD JULY 4, 2023; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received permission from the property owner to utilize the 3301 Quantum Owner, LLC., property as a public parking option during the Annual 4t" July Holiday event on July 4, 2023; and WHEREAS, parking is very limited at Intracoastal Park and this site will provide an alternative for public parking during the event; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach and 3301 Quantum Owner, LLC., for the 4t" of July event to be held July 4t", 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the Mayor to sign a Land Use Agreement between the City of Boynton Beach and 3301 Quantum Owner, LLC., for the 4t" of July Annual Event to be held July 4, 2023. A copy of the Agreement is S:ACA\RESO\Agreements\Land Use Agreement with 3301 Quantum Owner LLC for July 4th 2023 - Reso.docx 558 28 attached hereto as Exhibit "A." 29 Section 3. This R 30 PASSED AND ADOP 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: 50 51 52 Maylee De Jes6s, MPA, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 58 59 60 61 esolution shall become effective immediately upon passage. TED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Land Use Agreement with 3301 Quantum Owner LLC for July 4th 2023 - Reso.docx 559 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this _ day of , 2023, by and between the City of Boynton Beach ("City") and 3301 Quantum Owner LLC its officers, employees, successors and assigns ("Owner") WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 3301 Quantum Blvd, Boynton Beach, FL 33426 (Parcel Number: 08-43-45-17-07-000-0120), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on Tuesday, July 4, 2023 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 5 560 d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 8. This Agreement shall expire on Wednesday, July 5, 2023 at 6:OOpm. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. By execution of this Agreement, in accordance with the requirements of F.S. 287- 135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor 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. Page 2 of 5 561 tN wrFNESS WHEREOF, the CITYOF BOYNTON BEACH has caused these presents to be exec-uted in its name 1,,)y its Mayor and attested and its official seal to be iter euntoaffixed and Owntm have hereunto set its hwid and seal the day and year first above written, XrrEST City Clerk (SEAI,) Approvedas to f6mi: C, i ty A tto rn ey ATTES'P K= STATE OF FU'RIDA COU Crf'V OF BOYNTON BEACH 0 PrintName.-TYPENSEIS GA Title, MAYOR 3301 Quantum Owmr 1A.0 PrivitName� Title: _84=1 The foregoing nztrumcnt wm� acknowledged bofore rne by mmm of [_j physical tars ,rim or online notarization this day of as for 3301 Qtmnturn Owner IAX. me qf 1!jotar. �'Lmt�a oi- (NOTARY SEAL,) jXpggLL ell Personally Known �'AR Pr Identification $or F 'L ype of Identification Produced Emim CINDY HATCHER Comm"On # GG 977959 Expires Apr# t2,2024 BOWed Thm 8,,Vo NWy SWVjCft F* ' Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on Tuesday, July 4, 2023. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower, signage and portable restrooms placement) before the Event. This access may occur anytime between Monday, July 3, 2023 and Wednesday, July 5, 2023, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights, portable restrooms, and event parking signs on the Property for the Event. Page 4 of 5 563 rl 6, D1 YS 0, b"I& vta INS 11) 03 C' kM 0 4;7 k,,Iw Page 5 of 5 564 6.M Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Rankings for RFQ No. UTL23-007 for Town of Hypoluxo Septic to Sewer - Progressive Design Build (PDB) - Grant Funded. Requested Action by Commission: Approve the rankings as recommended by the Selection Committee and authorize City staff to conduct negotiations with Foster Marine Contractors, the recommended top ranked proposer in response to the Request for Qualifications (RFQ) No. UTL23-007 for Town of Hypoluxo Septic to Sewer - Progressive Design Build (PDB) - Grant Funded. At the completion of negotiations, the contract will be brought back to the Commission for approval. Explanation of Request: On February 8, 2023, Procurement Services opened a total of three (3) proposals in response to the "UTI -23-007 for Town of Hypoluxo Septic to Sewer - Progressive Design Build (PDB) - Grant Funded." The RFQ was issued seeking the services of a qualified and experienced firm to assist with the conversion of septic tanks to gravity sanitary sewer, force main pipelines, and lift stations to serve two commercial areas, Hypoluxo Mall and Miner Road Business Park, within the Town of Hypoluxo. A selection committee comprised of Christopher Roschek, Deputy Director, Utilities Operations, Jose Huertas, Engineer IV, and Juan Cuesta, Engineer III 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 March 16, 2023, the Committee disclosed its scores and shortlisted the proposals which resulted in the Committee inviting the top two (2) proposers for the interview/presentation phase of the procurement process. On April 21 & 26, 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 April 26, 2023, the Committee disclosed its scores. The Final Ranking is as follows: 565 FIRM NAME RANKING Foster Marine 1 Contractors Johnson -Davis, Inc. 2 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, Foster Marine Contractors. How will this affect city programs or services? The Town of Hypoluxo has obtained grant funding for the project, and an Interlocal Agreement between the Town of Hypoluxo and City of Boynton Beach has been executed for the City to assist the Town with the engineering design, permitting, construction, and project management to satisfy the grant requirements per the Interlocal Agreement. Upon completion of the project, the wastewater infrastructure within the two commercial areas will be owned by the City of Boynton Beach, and the City will bill the properties for wastewater services. 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 the City Commission for approval. Attachments: RFQ UTL23-007 Notice of Intent to Negotiate-Award.pdf UTL23-007 Summary Evaluators - Final Scores Public Mtg 42623.pdf UTL23-007 Evaluation Summary Scores- Shortlisting Meeting 3-16-23.pdf UTL23-007 - Compliance Analysis - Tabulation of Responses.pdf FosterMarineContra-UTL23-007.pdf 566 The City of Boynton Beach PROCUREMENT SERVICES 100 E. Ocean Avenue Boynton Beach, K 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 561-742-6310 NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFQ NO. UTL23-007 SOLICITATION TITLE: TOWN OF HYPOLUXO SEPTIC TO SEWER — PROGRESSIVE DESIGN BUILD (PDB) — GRANT FUNDED DATE OF NOTICE: April 27, 2023 At the Public Final Ranking meeting held on April 26, 2023, the Selection Committee for the above referenced solicitation scored and ranked the shortlisted firms as follows: Rank 1: Foster Marine Contractors Rank 2: Johnson -Davis, Inc. 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: Foster Marine Contractors. 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: 744d" Puff Taralyn Pratt, Contract Administrator America's Gateway to the Gulfstream 567 PART II — INTERVIEW/PRESENTATIONS — FINAL SCORING AND RANKING Bid Number: UTL23-007 Bid Name: Town of Hypoluxo Septic to Sewer - Progressive Design Build - Grant Funded Closing Date: 2/8/2023 3:30:00 PM Number of Submissions Received: 3 Evaluation: Start Date - End Date: 2/8/2023 - 4/26/2023 Consensus Meeting: 4/26/2023 9:30:00 AM EVALUATORS Name Stage 1. Taralyn Pratt Submittal Compliance 2. Jose Huertas Evaluation, Interview / Presentations 3. Juan Cuesta Evaluation, Interview/ Presentations 4. Christopher Roschek Evaluation, Interview/ Presentations STAGES Number Name Type Weight N/A Submittal Compliance Compliance N/A 1 Evaluation Evaluation 100.00 2 Interview / Presentations Interview 100.00 Grand Total: 200.00 SCORES Submittal Compliance Vendor Score CK Contractors and Development, LLC Pass Foster Marine Contractors Pass Johnson -Davis, Inc. Pass 1 Evaluation Vendor Score out of 100.00 Foster Marine Contractors 88.83 Johnson -Davis, Inc. 82.83 568 2 Interview / Presentations Vendor Score out of 100.00 Foster Marine Contractors 95.67 Johnson -Davis, Inc. 84.50 569 PHASE I — TO SCORE, RANK, AND SHORTLIST n I z [ITi 11'ITM&NAIyIS01Z1tl Bid Name: Town of Hypoluxo Septic to Sewer - Progressive Design Build - Grant Funded Closing Date: 2/8/2023 3:30:00 PM Number of Submissions Received: 3 Consensus Meeting: 4/26/2023 9:30:00 AM EVALUATORS 570 2 Interview / Presentations CUMULATIVE SCORE RESULTS 571 UTL23-007 - Town of Hypoluxo Septic to Sewer - Progressive Design Build - Grant Funded - Overview of Specifications erei-dtlmelya,of-l,dduedateantllid — time III nt er:,nI,-- In KFQ NUE DATE. February 8, 202: r sponse m this solicitrtion,if any acre hereby rejected as late. n 1/8/13 L 131 PM Cmpkancc pTabula[ion BySr Taralyn Pratt 2/13/23 elen,,d n I<artTaLana SCM1widerson, Vice President Email: Nevins@f s6ef6maf00ea; Ftaxbitlz@fo r-ddI ne.neI slb Cnc antl D.I.lopmenq LLC sMvke GrrAl Michael 1-1, Emailvmgr.n@<kctlllomm;amzm tb@<kctlllecom mhneon-wms, m<, 501 tt: Clark Cryer;BWlllum Cryer Emall56cryer@)oM1nsontlavls.<om " of Into er Quallfica[lon Statement 'os 4ualifica ached "N ncluded ncluded Ruakfications of P roject Team,(KI, ProjectMembers)&Availabikty If SP11,11ty Besou rt es Uploaded Keferen and Resumes" Included -Se ttach,d resumesantl prof, les" Included roach, Demonstrated Skill Set & Innorativ, Itleasto Address tM1e Scope of W ork tached "Namtive" Included Included on in Pro ect A ttN/A uN/A uN/A onfnm n of Min-, Owned Bus c Nfltlavlt -d Yes -Inco e Yes -Inco e n Atfitlovit of Proposer IncIuded cN -Induded-None -Induded-None olndutlded Idkn. etthlwtlonkPulsuatlntto Florida Stan eye § 28].135 ncluded ncltlutled - - onflict of Intcrestuan wc�h C—t, InspcccoroGcneml Acknowledged Acknowledged Acknowledged fezzional License and—, f p —Ion of q tlhcenses antl hazinessnCuc043ox 8/31/20241 Flaori�da FBPE Profcssiona�l EnginccrGL-I`— 8/1311 s 2/28/25F PPmf r.f—I Survc— &Map p�1/2x/23 pIr—,.-I and Pnapper 13--s ur4en:o ILB6603 Intly onrtruc[ion en g UC111511 p 8/31/24 Intl onstruc[ion ry ense a/33/m Ref,-- (4) in the Past (10)Years esd)4) es (4) Y,, (4) e:(1) -E g Y v, I,c(411) cs )6-B onsulengl Pal lcchnologics, I13 oircctional P P g N encludetl Will varyoncc pmjo¢is dcsignod antl pmposalsam re nChatt Induded ncludotl V' 9 t 3chotlulo: Induded Included Includotl nt Question n16 -List o ¢Admina5tatstc Hoaeings antl lawxuit-two is lismtl. Safcry Sakry Manual Includotl; Major Equipment urting n 1/8/13 L 131 PM Cmpkancc pTabula[ion BySr Taralyn Pratt 2/13/23 UTL23-007 - Town of Hypoluxo Septic to Sewer - Progressive Design Build - Grant Funded Opening Date: January 9, 2023 9:00 AM Closing Date: February 8, 2023 3:30 PM Vendor Details Company Name: Foster Marine Contractors 3180 Fairlane Farms RD, Suite 1 Address: Wellington, FL 33414 Contact: Kevin Schwiderson Email: bids@foster-marine.net Phone: 561-683-0034 Fax: 561-683-0335 HST#: 59-1054370 Submission Details Created On: Monday January 23, 2023 09:30:24 Submitted On: Wednesday February 08, 2023 14:40:02 Submitted By: Kevin Schwiderson Email: bids@foster-marine.net Transaction #: bcf8b670-db3d-4e3e-9fa2-141371 fd35f6 Submitter's IP Address: 162.17.119.58 Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 573 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 Response* The Letter of Interest shall summarizes the Proposer's primary Foster Marine Contractors, Inc. is pleased to submit our Letter of Interest and Qualification package for the Construction qualifications and a firm commitment to provide the proposed services. of Town of Hypoluxo Septic to Sewer — Progressive Design Build. Pursuant to your request, all documents will be your Firms staff. submitted electronically via Bids & Tenders. If the Principal Place of Business is different than the location specified in the Proposer's Qualification Statement, then the proposer shall specify We have reviewed the proposed project scope anticipated for construction services for this Request. Our firm has the office location where each project will be managed and produced. experience in the successful construction of similar projects that include the scope of work and working environment that would be encountered with this project. We will offer a unique approach to serving the The City of Boynton Beach as well as The Town of Hypoluxo: our construction team will provide a pro -active, "hands on" approach utilizing principals of our company in the day-to-day involvement which will protect your interest and provide high-quality, cost-effective construction solutions. Our strategy is to work as a partner with you and our engineer consultant to complete the project on time and within budget. 1.1 Our firm Foster Marine Contractors, Inc. is a Florida Corporation (282922). We are a full-service state licensed General Contractor (CGC1521085). We have a substantial Line of Credit and Bonding Capacity is maintained to support our work volume of $40 million annually. Foster Marine Contractors Inc. was incorporated in 1964. Since that time, we have been delivering completed, 'on- time", successful projects to a wide spectrum of public and private owners. Contracts completed include negotiated, conventional bid and design -build. The scope of these projects include: water, wastewater, pumping facilities, drainage, roadway and beautification enhancements. These projects have been constructed in both new and existing infrastructure environments. 1.2 Office Location The administrative and project management coordination for this project will be conducted at our offices at 3180 Faidane Farms Road, Suite 1 in Wellington, Florida. Being near the Town of Hypoluxo and this project area, this will ensure immediate response and direct availability of our staff. 1.3 Project Team Organization We are confident that our team's organizational structure and qualifications will provide the City and Town, with the technical resources to successfully complete all tasks for any project on schedule and within budget constraints. Kevin E. Schwiderson [Vice President / Estimator], Michael Czajkowski [President], Gary Czajkowski [Superintendent], and James C. Solomon [Project Manager] of Foster Marine Contractors, Inc., will personally participate in interviews with City officials. During the selection process these same individuals will directly participate and be responsible and accountable on a day-to-day basis for the successful completion of this important project. 1.4 Commitment to Perform The City of Boynton Beach needs a Construction Team that will be accountable for the successful project management and complete construction of this Septic to Sewer PDB. Along with our staff, our team is comprised of various local South Florida subcontractors [as required] that have extensive knowledge and experience in their discipline to provide quality construction of their respective segments of work. We believe our references will attest that we have successfully completed similar and more difficult projects; as well as all others listed in our completed projects schedule attached. Foster Marine Contractors, Inc.'s primary goal is to provide The City of Boynton Beach and The Town of Hypoluxo, with an experienced, cost effective, responsive and accessible team which will ensure the success of this project. We appreciate the opportunity to present our qualifications and look forward to working with you all on this upcoming project. Please contact us if additional information is needed during the evaluation and selection process. 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 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 Contractors Qualifications Response* Provide a statement of the Firm's qualifications for performing requested consulting services. Identify the services which would be completed by See attached "Narrative" 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 Firms staff. If the Principal Place of Business is different than the location specified in the Proposer's Qualification Statement, then the proposer shall specify N/A the office location where each project will be managed and produced. Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 574 Qualifications of Project Team, (Key Project Members) & Availability of Specialty Resources Provide an overview of the qualifications of a specific project team to be provided by the Design Build Team to perform the requested services. Specify and present as a minimum, similar experience in the design and construction of a municipal pipeline and/or roadway projects. Identify the principal and management staff who would be assigned to the project as follows: Identify the principal and management staff who would be assigned to the project as follows: a) An organizational chart that clearly defines the lines of authority. b) The names and roles of each professional to be assigned to this project, including familiarity with projects of a similar nature. c) The estimated amount of involvement expressed as a percentage of the time, of each of the staff members. d) Brief resumes of academic training and employment in the applicable fields. e) Experience of identified staff members with differing regulatory agencies that may be associated with these services. f) 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, sub -Progressive Design Build Team firms providing significant services that may be assigned more than five (5%) of the work. Description Response* Provide an overview of the qualifications of a specific project See uploaded "References" and "Resumes' team to be provided by the Design Build Team to perform the requested services. Specify and present as a minimum, similar experience in the design and construction of municipal pipeline and/or roadway projects. Provide an organizational chart that clearly defines the lines of See uploaded "Organizational Chart" authority. Provide the names and roles of each professional to be See uploaded "Key Personnel" assigned to this project, including familiarity with projects of a similar nature. Provide the estimated amount of involvement expressed as a Kevin Schwiderson - VP/Project Manager 20% percentage of the time, of each of the staff members. Michael Czajkowski - Pres / Superintendent 20% James Solomon - Project Manager 15% Gary Czajkowski - Superintendent 25% Chad Czajkowski - Foreman 20% Provide brief resumes of academic training and employment in See uploaded "Resumes" the applicable fields. Provide the Project Team / Key Project Members current project See uploaded "Work in Progress" work listing and remaining labor commitments. Historically, describe the typical number of projects handled by Average of 3 the Proposer's key project managers at any given time. Provide the experience of identified staff members with differing See uploaded "References" regulatory agencies that may be associated with these services. Provide the availability location and workload of the proposed See uploaded "Work In Progress" team. Provide the Project Team / Key Project Members projected See uploaded "Work In Progress" for both Foster Marine Contractors and Engenuity Group. workload of project management activities as defined in the scope of services. Identify any Sub -Consultant firms providing significant services Engenuity Group, Inc. that may be assigned more than five (5%) of the work. Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 575 Approach, Demonstrated Skill Set & Innovative Ideas to Address the Scope of Work a. Provide a narrative demonstrating the Proposer's understanding of the project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget, and schedule will be met. b. Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer's approach to cost estimating during the various phases of the design (i.e. conceptual, schematic, final, and construction documents). Indicate the methodology and estimating system used in the preparation of estimates. Address how the Proposer will prepare, submit, reconcile and obtain approval of the Guaranteed Maximum Price notice. c. Discuss the cost-effectiveness of the proposed solutions, taking into account the expected life of the equipment, capital costs, and operating and maintenance costs over the life of the equipment. d. Explain how Proposer intends to meet the budgetary goals and timetables using the Design and Performance Criteria herein to include the following: 1. Implementation of conflict resolution methods. 2. Description of schedule controls. 3. Description of change order controls. 4. Description of permitting approach 5. Understanding of the construction contingency to include: 1) who should be in control, 2) the main purpose, and 3) who approves its utilization. 6. Provide examples of how your firm ensures that the project stays within budget during each phase of construction and what assurances are given that the estimate may be accurate or reliable. e. Project Management Reporting Provide an explanation of how the firm proposes to manage and report each aspect of the Project to realize budgetary goals, timetables, and quality control objectives. f. Submit a comprehensive Project Management Reporting system to include but not limited to narrative reporting, schedule controls, cost controls and estimating, project accounting, accounting, and payment and action controls. Description Response* The response should include detailed information that demonstrates the proposer's See attached "Narrative" 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 Not Applicable of the proposed approach and comprehensive utilization of proposed personnel and Do you possess a certification qualifying your business as a Minority Owned business? equipment to meet deliverables. Creativity and Innovation in Project Approach & Solution Selection Options a. Discuss how the Proposer intends to use innovative approaches and/or best practices to achieve results considering safety, quality, cost, and time as they relate to any and all aspects of design, equipment, materials, pre -construction services, and construction. b. Discuss how the Proposer will utilize best practice techniques such as value engineering and constructability reviews, and provide evidence of previous experience with any of the methodologies presented. c. Discuss in detail, the development of a mitigation strategy covering major events that might impact the Project such as severe weather or protracted loss of treatment capacity caused by work within the Project. d. Provide a schedule which details the Proposer's proposed activities and how the Proposer intends to meet the required in-service date. e. Provide a strategy the Proposer will employ for subcontracting work to include how local contractors will be utilized. Address the Proposer's approach to implementation of Quality Control/Quality Assurance plan for both self -performing and subcontracted work. f. Describe project communication tools to ensure streamlined information to the Construction Team (Selected PROGRESSIVE DESIGN BUILD TEAM and CITY). g. Describe the plan for public relations and conflict resolution with the community during construction. Description Response* The response should include detailed information that demonstrates the proposer's See attached "Narrative" understanding of the scope of work and how they intend to approach the objections with solutions for the project. Not Applicable 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? No Please select the appropriate response Not Applicable Do you possess a certification qualifying your business as a Minority Owned business? No Issuing organization name Input response in comments box to the right Not Applicable Date of Issuance Input response in comments box to the right Not Applicable Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 576 References Provide four (4) progressive design build reference projects of a similar size, scope and complexity for which the Proposer has completed or are in progress within the past ten (10) 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 of 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 a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. If there is no answer after the third attempt. the City will apply no points toward the evaluation criteria. *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 Reference 2 - In Progress or Completed Reference 3 - In Progress or Completed Reference 4 - In Progress or Project * Project * Project * Completed Project * Name of Agency: Town of Lake Park Village of Palm Springs Seacoast Utility Authority Mathews Consulting Engineering Agency Contact: John D' Agostino - Town Manager Paul Ward - Utilities Superintendent Brandon Selle - Project Engineer Aaron Cutler Contact Telephone Number: 561-881-3314 561-601-5780 561-627-2900 561-655-6175 Email Address: jdagostino@lakeparkflorida.gov pward@vpsfl.org bselle@sua.com acutler@mathewsconsulting.com Name of Project: Lake Shore Drainage Improvements Lift Station Rehab - Fountainview, Lift Station #34 River Oaks Sanitary Sewer Mediterraniean, and Woodlands System Project Description: The project design included Installation of Project entailed the rehabilitation of (3) Lift Project entailed the construction, testing This project consisted of the approximately 5,000 LF of 15-72" storm Stations. This included demolition, new and restoration work associated with the installation of approximately water RCP, 4,000 LF of 6-8" Water Main, pumps, piping, valves, coatings, control addition of a new lift station, including all 4,720 LF of 8 -inch sanitary 500 LF 8" Gravity Sewer Main, panels, electrical work and restoration. pumps, piping, wet well with accessories, sewer, manholes, service Stormwater Pump Station 22,000 GPM, gravity sewer mains, manholes, force lateral/clean-outs, approximately 60,000 SF Concrete Sidewalk/Driveway, mains, concrete work, fencing, and 1200 LF of 3 -inch force main 10,000 SY Asphalt Paving, 6,500 LF electrical and instrumentation work. The and one submersible lift station. Street Lighting. project also included the Construction also included conversion of the existing lift station to a dewatering, roadway new manhole, including removal of pumps, reconstruction, resurfacing, gravity sewer mains and electrical MOT's, and all associated equipment. appurtenances. Project Address/Location: ILake Park - Lake Shore Drive Palm Springs Palm Beach Gardens ITown of Jupiter Project Start Date: I February 2021 November 2019 ISeptember 2017 lAugust 2015 Project Completion Date: I September 2022 November 2021 lAugust 2018 jApril 2016 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. 7 By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the proiect with their "OWN FORCES". Name lAddress Scope of work license No Percentage (%) of Contract Engenuity Group, Inc 1280 North Congress Avenue, Suite 101 Engineering Services PE45408 40% West Palm Beach, FL 33409 Documents Ensure your submission document(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. Online Acknowledgement Proposer Acknowledgement Addenda Acknowledgement Confirmation of Drug -Free Workplace Palm Beach Inspector General Online Forms Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 577 Letter of Interest Confirmation of Minority Owned Business Local Business Certification Statement of Non -Submittal (if applicable) Schedule of Sub -Consultants References - Max (4) C) Upload Online Proposers Qualification Statement Anti -Kickback Affidavit Non -Collusion Affidavit of Proposer Certification Pursuant to Florida Statute § 287.135 Statement of Non -Submittal (if applicable) Submit current Florida Professional License, including evidence of possession of required licenses and business permits / W-9 E -Verify Form Pursuant to Florida Statute § 448.095 Resumes Organizational Chart • Proposer's Qualification Statement - Proposers Qualification (2).pdf - Wednesday February 08, 2023 14:08:15 • Anti -Kickback Affidavit - Anti-Kickback.pdf - Tuesday February 07, 2023 14:05:19 • Non -Collusion Affidavit of Proposer - Non-Collusion.pdf - Tuesday February 07, 2023 14:05:32 • Certification Pursuant to Florida Statute § 287.135 - Certification. pdf - Tuesday February 07, 2023 14:05:40 • Current Florida Professional License, including evidence of possession of required licenses, certifications and business permits- Licenses.pdf- Tuesday February 07, 2023 15:53:42 • E -Verify Form Pursuant to Florida Statute § 448.095 - E -Verify Form. pdf - Tuesday February 07, 2023 14:05:56 • Resumes - FMC and Engenuity Resumes.pdf - Tuesday February 07, 2023 14:06:14 • References - Max (4) - References (2).pdf - Wednesday February 08, 2023 14:25:53 • Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion Form - Debarment Form.pdf - Wednesday February 08, 2023 06:55:06 • Organizational Chart and W-9 - Org Chart and W-9.pdf - Wednesday February 08, 2023 13:22:54 • Additional Document- FMC and Engenuity Additional Docs for Qualification.pdf- Wednesday February 08, 2023 14:19:15 Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 578 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. 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. I/WE 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 I/WE 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. I/WE (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: 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. na I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Kevin E. Schwiderson, Vice President, Foster Marine Contractors, 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? r Yes r No Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 579 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 reviewed the File Name below addendum and Pages attachments (if applicable) Clarification Addendum No. 2 - UTL23-007 Town of Hypoluxo Septic to Sewer - Progressive Design Build - Grant Funded Wed February 8 2023 08:06 AM Addendum No. 1 - UTL23-007 Town of Hypoluxo Septic to Sewer- Progressive Design Build - Grant Funded Thu February 2 2023 10:54 AM Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 580 Bid Number: UTL23-007 Vendor Name: Foster Marine Contract 581 MM Consent Agenda 05/16/2023 Sole source purchase of Polyphosphate Corrosion Inhibitor from American Water Chemicals, Inc. Requested Action by Commission: Authorize spending for the amount of $79,000 with American Water Chemicals, Inc. as the sole source supplier of AWC A-782 Polyphosphate Corrosion -Inhibitor for Water Treatment Plants. Explanation of Request: The Florida Department of Environmental Protection requires the use of Polyphosphate Corrosion -Inhibitor to inhibit any leaching out of Lead & Copper from distribution pipes. This chemical has been proven in many studies to produce favorable laboratory results by stopping metals from leaching into the water while it is conveyed to customer's homes from the Drinking Water Plants. In 2022 the City of Boynton Beach was notified by contractors that Polyphosphate Corrosion - Inhibitor deliveries would be interrupted due to raw material supply interruptions. American Water Chemicals, Inc. has been the only supplier to not have supply chain issues for Polyphosphate Corrosion -Inhibitor. American Water Chemicals, Inc. AWC A-782 Polyphosphate Corrosion Inhibitor is reasonably priced, produces great results, and is supplied without interruption. The City of Boynton Beach Utilities Department uses Polyphosphate Corrosion -Inhibitor for the Water Treatment Plants and American Water Chemicals, Inc. is the sole source provider for Polyphosphate Corrosion Inhibitor AWC A-782. How will this affect city programs or services? American Water Chemicals, Inc. Polyphosphate Corrosion Inhibitor assists the City in maintaining water quality that meets drinking water standards. Fiscal Impact: The fiscal impact to the Utilities is for the amount of $79,000 which is budgeted in Process Chemicals operating account. Attachments: AWC Sole Source corrosion inhibitor.pdf Signed Phosphate Single Source Justification Form.pdf 582 nt Gi Perfecting the Science of Membrane Treatment August 30, 2022 Mr. Ford Babcock City of Boynton Beach PO Box 310 Boynton Beach, FL 33435 RE: Corrosion Inhibitor Sole Source Dear Mr. Babcock, This letter is to confirm that AWC A-782 is manufactured by American Water Chemicals and it is not available for distribution from any other source. There are no identical equivalents on the market. Please feel free to contact us if you have any other questions. Sincerely, D- I• 6ocimo Inside Sales/Customer Service ii,813,24&5448 nfO(' § W\AAAOTiel! T'l 'iediem�ca�� com, 583 �6i..." ) i- ) 3 2 0 1 2 2 ', 2 1 P, 1802 C-Io� �mrat E" Cent(,N Lane, Oty, � I"' (" Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. m Requestor Department .M.... Utilities .... ..... Division Water Quality and Treatment Point of Contact _wwwww_._.w�w�w�w�w�_..................._................................., Bryan Heller Phone Number 561-742-6420 Vendor _ . .-..._...-... _...... Company Name American Water Chemicals, Inc. _a...... ................................. ............ . Address 1802 Corporate Center Ln, Plant City, Fl- 33563 Phone Number _...... 813-246-5448 Point of Contact and Title .................... _._w.......www ................. John McMullen, Customer Service and Sales Support _ .. �.W......... ,w What other v._..w.._ endors were N/A contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service __._....... Product/Service Name AWC A-782 Manufacturer -...., American Water Chemicals, Inc. _...._..w....._ _w ............. Make/Model # Price...w $79.........._..............._........................M.M..._........................... 7 ,000 for 101 drums.n.._..w._.w�......_._._._w..w.w.........�� _....�.._..........................................................................._...................................._._......, ..... ..............___.... .__._ __ ___ .......... Did you negotiate the terms or prices with the vendor? ❑ Yes ® No Why is th........................._..�.....w.w.._w_.d to y ' is price considered be fair and reasonable. Comparison performed us �...._......f...................._....................... p p using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. 584 Purchasing Division Sole/Single Smource Justification Form Will thisµ purchase obligate the Cit to a articular vendor in the future? Either in terms of mai p g y p ( maintenance, services, or re-purchase for compatibility reasons) ❑ Yes ® No This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ® Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) ............................................................MMM................._.._..w............www_......... _.....__ u...._ ........._..,,,,,,,,_..........._............. _............ ......... .... _,....._....................._...w................._M What necessary features does this vendor provide which are not available from other vendors? Please be specific. American Water Chemicals Inc. is the sin le source rovider due to uninterru ted domestic su �I of this chemical. Weare re uired to use this chemical b the Florida De:�artment of Environmental Protection to Lrotect customers from Lead & Co er. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known sub Iiers that exist. .................. .................. ......... �.w.... . 1. D artment Dire for O�) �� 1 Signature__..._....................................._..�..._��................pate _..v............................................ ............. ..................... ... ..........w............. 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. Signature .. ........................... ........ ..-_ __._ --------- w. Date ...__� __..�_... ......_ou....... 585 Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Single source purchase of Antiscalant for nanofiltration water treatment from American Water Chemicals, Inc. Requested Action by Commission: Authorize spending for the amount of $66,000 with American Water Chemicals, Inc. as the single source supplier of AWC A -102 -Plus Antiscalant for the West Water Treatment Plant. Explanation of Request: Antiscalant is used in the nanofiltration treatment process to keep treatment membranes from fouling with minerals. In 2021, a study was completed by the University of Central Florida by the title of, "West Nanofiltration Membrane Water Treatment Plant: Bench -Scale Pretreatment Study and Supply Well Fouling Potential Evaluation." The study recommended use of American Water Chemicals, Inc. AWC A -102 -Plus Antiscalant to prevent fouling of the nanofiltration membranes at the West Water Plant. This allows the plant to maintain good water quality that meets drinking water regulatory requirements. The City of Boynton Beach Utilities Department uses Antiscalant for the West Water Treatment Plant nanofiltration membranes and American Water Chemicals, Inc. is the single source provider for AWC A -102 -Plus Antiscalant. How will this affect city programs or services? American Water Chemicals, Inc. membrane Antiscalant assists the City in maintaining water quality without fouling water treatment plant membranes and to meet drinking water regulatory requirements. Fiscal Impact: The fiscal impact to the Utilities is for the amount of $66,000 which is budgeted in Process Chemicals operating account. Attachments: AWC Sole Source Antiscalant.pdf Signed Antiscalant Single Source Justification Form.pdf 586 nt Gi Perfecting the Science of Membrane Treatment August 30, 2022 Mr. Ford Babcock City of Boynton Beach PO Box 310 Boynton Beach, FL 33435 RE: Antiscalant Sole Source Dear Mr. Babcock, This letter is to confirm that AWC A-102 Plus is manufactured by American Water Chemicals and it is not available for distribution from any other source. There are no identical equivalents on the market. Please feel free to contact us if you have any other questions. Sincerely, Deyerlyn Docimo Inside Sales/Customer Service ii,813,24&5448 nfO(' § W\AAAOTiel! T'l 'iediem�ca�� com, 587 �61 �) i- 5 () 3 2 0 1 2 2 ', 2 1 P� 1802 C-Io� ��mrat E" Cent(,N Lane, Oty, � � "I"'" Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. r ester 7-Division .__.�...._................................................._.�_... partmentUtilities ...w _ ........................................ w........................ Water Quality and Treatment .......... Point of Contact . Bryan Heller ._...... Phone Number ... ....................... ��..�..�.� 561-742-6420 Vendor Company Name American Water Chemicals, Inc. ..._XX ..._...........� ._.. Address .. ...................................................... w.._wwww_.._......._.. Corporate Center Ln, Plant City, FL 33563�� 1802 Cor Phone Number 8.1...�.m�... 3-246-5448 Point of Contact and Title ........... ........ ........__ ...__....._ John McMullen,..... Customer Service and Sales Support .... _........._.w w_._....u_.............v.M...M......,......._....... .... . _ _. _....... What other vendors were __...._. .. N/A contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service _ _.................. _ ..__..... .._-..�-- �� ............ Product/Service Name _ wwwwwww.... AWC A -102 -Plus Antiscalant _.wwwwwwwww .. Manufacturer ................... ......�.v...... American Water Chemicals, Inc. Make/Model # _..............................................._w....................._...........__...._................_ ..w. _._.W _ . ..... __ww.....,w ...ww._ Price ............................._.M.._._m..._............................ ...... ......_..__ . $66,000 for 24 Totes DidMyou+negotiate._the...terms or prices with the vendor? ❑ Yes ® No..........................................__............v.................... �.................._ ..........ww.........ww............... ...._�..................................................................................................................._.,........_., ............... �....._..,........._.a.� ..._..w..................................._.............................................................................�..................,...._w_..w..............� .............................. Why is this price considered to be fair and reasonable. Comparison performed using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. 588 Purchasing Division Sale/Sime Source Justification Form Will this purchase obligate the City to a particular vendor in the future?terms (Either in t �ww._wwwwww_� of maintenance, services, or re-purchase for compatibility reasons) ❑ Yes ® No « « This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ® Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) _........................................_...................................._.... _.........w w w. w-.. . What necessary features does this vendor provide which are not available from other vendors? Please be specific American Water Chemicals Inc. . roduct AWC A-102-Plus Antiscalant was recommended as a result of the 2021 Stud "West Nanofiltration Membrane Water Treatment Plant: Bench-Scale Pretreatment Studand Su I Well Foulin Potential Evaluation." Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known su Miers that exist. pf......______-....._.�...�.,.............................................................. _.._..........._........_,_.................. ............................. _....,_..............___............... ............rv_.... _................................. ..... ...... _1.......... ....... v .M„ w � Director l §ignature�........................�...__......... ...,____......... Date�... .... ......1111111_11 .......... .... _................ ............ www ........ _. ................................... ......... . �...�.... ._._._. __.......w..., 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. ..... ..— ._........._...... _-___..........._.. . ....... Signature Date 589 Consent Agenda 05/16/2023 Proposed Resolution No. R23-065- Collective Bargaining Agreement between the City and SEW Florida Public Services Union, CTW, CLC, and Blue Collar Bargaining Unit. Requested Action by Commission: The City Manager recommends approval for Commission to ratify SEIU Collective Bargaining Agreement for May 1, 2023 through April 30, 2026. Explanation of Request: The City and the Union commenced contract negotiations on March 5,2023 and completed negotiations on April 25, 2023. The City and the Union agreed on a three(3) year contract - May 1, 2023 through April 30, 2026. The Union's membership ratified the successor agreement on May 5, 2023 with 98.2% voting members in favor. As the last 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. Positive labor and management relationships contribute to a high performing organization. Fiscal Impact: Contingent upon budget approval for fiscal year 2023-2024. Year 1 $483,128 Year 2 $301,955 Year 3 $181,173 Total Cost: $966,257 Attachments: Reso R23-065 SEIU_BC_CBA _2023_-_2026_-_Reso.pdf Commission - SEIU Blue Collar - 2023-05-01 - 2026-04-30.pdf Final Executive Summary SEIU BC Negotiations 05 01 23.docx SEIU -Blue Collar.pptx 590 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R23-065 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC (SEIU)(BC) FOR THE PERIOD OF MAY 1, 2023 THROUGH APRIL 30, 2026; AND AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff and the Union commenced contract negotiations on March 5, 2023 and completed negotiations on April 25, 2023; and WHEREAS, after negotiating, the City and the Union agreed on a three (3) year contract - May 1, 2023 through April 30, 2026 which the Union's membership ratified on May 5, 2023 with 98.2% voting members in favor; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Collective Bargaining Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC (Blue Collar) for the period of May 1, 2023 through April 30, 2026 and authorizing and directing the appropriate city officials to sign the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and ratify the Collective Bargaining Agreement between the City of S:ACA\RESO\Agreements\CBA Ratifications\SEIU (BC) CBA 2023 - 2026 - Reso.doex 591 31 Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC (Blue Collar) for the 32 period of May 1, 2023 through April 30, 2026 and authorizing and directing the appropriate 33 city officials to sign the Agreement. A copy of said Collective Bargaining Agreement is 34 attached hereto and incorporated herein by reference as Exhibit "A". 35 Section 3. This Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 16th day of May, 2023. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 Maylee De Jesus, MPA, MMC 59 City Clerk 60 61 62 (Corporate Seal) 63 64 65 66 67 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\CBA Ratifications\SEIU (BC) CBA 2023 - 2026 - Reso.doex 592 Co71111�C�IYr��1:::Ze�:��►��►Ce7:[e1:7�I�1u1�1►Y� BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC BLUE COLLAR BARGAINING UNIT Ratified By Union: Ratified By Commission: 593 TABLE OF CONTENTS Article No. Article Title Page No. 1 The Preamble 1 2 Recognition 2 3 Non -Discrimination 3 4 Strikes 4 5 Management Rights 5 6 Rights of Bar aining Unit Members 7 7 Union Representation 8 8 Collective Bargaining 10 9 Labor -Management 11 10 Posting of Agreement 12 11 Savings Clause 13 12 Collateral Documents 14 13 Modifications of Conditions 15 14 Entire Agreement and Non -Waiver Provision 16 15 Dues Deductions 17 16 Use of GPS, Tracking, and Monitoring Systems 18 17 Bulletin Boards 19 18 Personnel Files and Bargaining Unit Information 20 19 Recruitment and Selection 21 20 Probationary Period 22 21 Promotion, Demotion, Lateral Transfer, and Reclassification 23 22 Seniority and Layoff 26 23 Discipline and Performance Management 27 24 Grievance and Arbitration 32 25 Insurance 36 26 Pension 38 27 Hours of Work, Overtime, and Breaks 39 28 Compensatory Time 45 29 Holidays 46 30 Wages 49 31 Standby, Call Back and Other Assignment Incentive Pay 50 32 Certifications and Professional Licenses 54 33 Emergency Pay 57 34 Out of Class Assignment Pay 58 35 Training Assignment Pay 59 36 Vacation 60 37 Sick Leave 63 38 Compassionate Leave 66 39 jury Duty 67 594 Article No. Article Title Page No. 40 Unauthorized Absence 68 41 Leaves of Absence 69 42 Modified Work (Light Duty) 71 43 Workers' Compensation 72 44 Safety and Health 73 45 Drug Free Workplace Policy 74 46 Uniforms and Allowances 75 47 Tuition Assistance 80 48 Bonus Hours and Bonus Increases 81 49 Articles to be Reopened During Agreement Term 82 50 Duration 83 Addenda A Drug Free Workplace Policy 91 B Classifications 104 Signature Pae 105 595 ARTICLE 1 1.0 THE PREAMBLE 1.1 This Agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City" and the SEIU Florida Public Services Union CTW, CLC, hereinafter referred to as the "Union" or "SEIU." The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community. 1.2 The parties agree that nothing in this Agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. Union City 596 ARTICLE 2 2.0 RECOGNITION 2.1 The City of Boynton Beach hereby recognizes the SEIU Florida Public Services Union, CTW, CLC as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the public employees within the bargaining unit. 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. 2.3 In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC), the unit recognized by the PERC shall control. 2 Union City 597 ARTICLE 3 3.0 NON-DISCRIMINATION 3.1 The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it, and the Employer and the Union affirm their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. 3.2 No employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, disability, sexual orientation, gender identity or expression, or membership or non -membership in the Union. 3 Union City 598 ARTICLE 4 4.0 STRIKES 4.1 The SEIU Florida Public Services Union, CTW, CLC, or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. 4.2 In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City twelve (12) hours after commencement of such strike of what legitimate measures it has taken to comply with the provisions of this Article. 4 Union City 599 ARTICLE 5 5.0 MANAGEMENT RIGHTS 5.1 Except, and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights, except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects, and the powers and authority, which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: 5.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. 5.1.2 To maintain economic stability. 5.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. SAA To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub -contract existing and future work. 5.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-off, schedule, and determine the qualifications of all employees. 5.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 5.1.7 To determine the organization of City government. 5 Union City 600 5.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 5.1.9 To set standards for service to be offered to the public and standards for the performance of duties of job assignments. 5.1.10 To manage and direct the work of the employees of the City, including the right to assign work and overtime. 5.1.11 To establish, determine, implement and maintain effective internal security practices. 5.1.12 To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. 5.1.13 To determine lunch, rest periods, clean-up times, starting and quitting time, and number of hours to be worked. Work schedules will be posted and will not be altered in the midst of normal pay periods. 5.1.14 To adopt or enforce cost of general improvement programs. 5.1.15 Ina civil emergency, to use personnel in any lawful manner. 5.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 5.3 The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union, after notice, fails to object to that decision within six (6) months, it shall be considered finally imposed. 6 Union City 601 ARTICLE 6 6.0 RIGHTS OF BARGAINING UNIT MEMBERS 6.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 6.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the bargaining unit. 6.3 Employees may request a Union representative to be present when the employee is subject to an investigatory interview and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says. 7 Union City 602 ARTICLE 7 7.0 UNION REPRESENTATION 7.1 The City agrees to recognize the Union's officers and up to six (6) City employee stewards, from each bargaining unit, as agents of the Union. The Union shall furnish written notice to the Director of Human Resources and Risk Management of the designated Union officers and employee stewards within three (3) days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the six (6) City employee stewards for each bargaining unit The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as steward. 7.2 Non-employee officials of the Union shall, with prior written notification to the City Manager or the Director of Human Resources and Risk Management, be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only meet with City employees in non -work areas (i.e., break areas) and during non -work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and/or security purposes. 7.3 Subject to the limitations set forth in Article 8, Section 8.2, Union stewards will be granted leave to engage in collective bargaining or to meet with the representatives of the City for grievance investigation and/or consultation with management representatives to avoid or resolve grievances including Labor -Management meetings. 7.4 The City will provide up to one hundred sixty (160) hours, per bargaining unit, for employee stewards to engage in the following representative union activities: A. To represent an employee who is required to appear at a meeting related to a grievance or arbitration. B. To represent an employee who is responding to disciplinary action or who is the subject of an investigation. C. To represent an employee at his/her predetermination conference. D. To attend collective bargaining as an "additional steward" pursuant to Article 8, Section 8.2. E. To make a presentation at Human Resources' Quarterly New Hire Orientation program. (Non-employee stewards may attend.) F. To attend union conferences, seminars, training, or other union activities related to their representative function, provided such leave does not adversely affect the daily operations of any department. Should the one hundred sixty (160) hours be exceeded, Union stewards engaging in representative activities pursuant to Article 8, Section 8.2 and/or Union City 603 Section 7.4 of this Article may be released without pay, use accrued vacation time, or use accrued compensatory time at the discretion of the Department Head (or designee), whose approval shall not be unreasonably withheld, unless releasing the employee adversely affects the daily operations of any department. The City may deny the use of such time off if it interferes with productivity or manpower needs. However, the City's exercise of its right shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives employees of their right of representation. 7.5 No employee shall engage in Union business while on duty except as referenced in Section 7.3 of this Article. E Union City 604 ARTICLE 8 8.0 COLLECTIVE BARGAINING 8.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or Designee. The Union shall provide written notice of the names of the collective bargaining representatives to the City Manager and Director of Human Resources and Risk Management prior to the commencement of bargaining. It is understood that only the Union representative (s) submitted in the above referenced notice are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those 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 and Director of Human Resources and Risk Management in writing of any changes in the designation of any certified representative of the Union. 8.2 No more than sig E Union stewards from each bargaining unit may participate in collective bargaining while on duty, without loss of pay. Additional stewards or bargaining unit members may participate in collective bargaining pursuant to Article 7, Section 4, while off duty, or when on pre - approved paid leave. 8.3 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. 10 Union City 605 ARTICLE 9 9.0 LABOR-MANAGEMENT A joint Labor -Management Committee composed of an equal number of representatives from the Union and Management may meet following thirty (30) days of the ratification of this Agreement and up to such time that negotiations for a successor Agreement commence to discuss subjects as determined by the Committee. 11 Union City 606 ARTICLE 10 10.0 POSTING OF AGREEMENT 10.1 The City will maintain a copy of this Agreement for inspection in the City Clerk's Office and will have an electronic copy the Agreement available in every Department/Division with SEIU workers. 10.2 The City will post a copy of this Agreement, as ratified, on the City's website. 12 Union City 607 ARTICLE 11 11.0 SAVINGS CLAUSE 11.1 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 by judicial authority, the remaining provisions of this Agreement shall remain in full force and effect. 11.2 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. 13 Union City 608 ARTICLE 12 12.0 COLLATERAL DOCUMENTS 12.1 This Collective Bargaining Agreement does not exist in a void. Provisions, as amended from time to time, of the City's Personnel Policy Manual (PPM), Administrative Policy Manual (APM), Departmental Rules, 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. 14 Union City 609 ARTICLE 13 13.0 MODIFICATION OF CONDITIONS 13.1 When the City intends to make changes to City or Departmental rules, and/or regulations, the City will provide written notice to SEIU. 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. 13.2 If SEIU believes that the modification constitutes a change to wages, benefits, or terms and conditions of employment, then SEIU will have ten (10) calendar days from the date of notice to advise the City in writing that SEIU 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 its members. The request shall also include three (3) dates and times when SEIU is available to meet with the City to discuss/bargain the modification. 13.3 When bargaining is requested, it shall begin no less than ten (10) calendar days following SEIU's request and shall be concluded within fourteen (14) calendar days following the first bargaining session. 13.4 Unless otherwise agreed to by the City and SEIU during their bargaining, the implementation date of change shall take effect as initially announced by the City, subject to SEIU's right to continue impact bargaining. 13.5 This provision is not a waiver, restraint, or limitation on the City's Management Rights, including to unilaterally determine 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. 13.6 All references to "days" in this Article shall mean "calendar" days, inclusive of Saturdays, Sundays, and Holidays. 15 Union City 610 ARTICLE 14 14.0 ENTIRE AGREEMENT AND NON -WAIVER PROVISION 14.1 This Agreement is the complete Agreement between the Parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. 14.2 There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel Policy Manual, and are not under any Civil Service Rule/Regulation heretofore in existence. 14.3 Nothing in this Agreement shall be construed or interpreted as a waiver of SEIU's right to request bargaining or impact bargaining. 14.4 Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. 16 Union City 611 ARTICLE 15 15.0 DUES DEDUCTION 15.1 Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying the Union dues and/or a uniform COPE deduction. Employees shall receive copies of the form from either the City Finance Department or their Union office. An employee may also authorize payroll deductions by consenting to use the Union's electronic/voice authorization process. 15.2 The Union will initially notify the City as to the amount of dues and/or COPE deductions. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues or COPE deductions will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such a change. To revoke the payment of Union dues and/or COPE deductions, the employee shall go to the Union office or utilize the Union's electronic/voice authorization process, and Union staff shall prepare and mail (or electronic mail) notice of such change to the City's Finance Department. 15.3 Dues and COPE deductions shall be deducted each pay period and remitted monthly, and the funds shall be remitted along with a list of employees contributing to the Treasurer of Union within fifteen (15) days after the end of the month. The check for COPE deductions will be submitted to the Union, separately from the check for dues, on a quarterly basis. The Union will indemnify, defend, and hold the City harmless against any claims made or suits instituted against the City related to payroll deduction of Union dues and/or COPE deductions. Evidence of electronic/voice authorizations will be maintained by the Union and provided to the City upon request. 15.4 The Union will furnish forms for such authorization. 17 Union City 612 ARTICLE 16 USE OF GPS, TRACKING, AND MONITORING SYSTEMS The City may install and use GPS or other similar location tracking and monitoring systems on any City property including but not limited to City vehicles and equipment. Information obtained from such systems may be used for any legitimate business purpose. The City will affix a sticker in the front compartment of City vehicles which have these types of systems activated. III Union City 613 ARTICLE 17 17.0 BULLETIN BOARDS 17.1 The Union shall be provided space for bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of SEIU members. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings; E. Union newsletter On Track (may be unsigned). 17.2 All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the Director of Human Resources and Risk Management with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 17.3 The Union shall not post endorsements for candidates who are running for office. 17.4 The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. 19 Union City 614 ARTICLE 18 18.0 PERSONNEL FILES AND BARGAINING UNIT INFORMATION 18.1 Personnel files for all City employees are maintained by the City's Human Resources and Risk Management Department. Employees may inspect and obtain copies of their personnel files pursuant to Florida Public Records Law. 18.2 All bargaining unit members covered by this Agreement must be notified within seventy-two (72) hours of a public records request to review the bargaining unit member's personnel 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 of the investigation is requested. 18.3 Bargaining unit members may request one electronic copy of their file at no charge once per the term of this Agreement. Additional requests will incur normal charges pursuant to Florida Public Records Law. 18.4 The Union may request, no more frequently than monthly, from the Director of Human Resources and Risk Management an electronic copy with the following information for all bargaining unit employees: • Name • Address (if not exempt from public records) • Hire Date • Work Location • Employee ID • Classification of Employee • Hourly Rate • Dues Deducted • List of Employees in the Bargaining Unit who have left the City in the previous month 20 Union City 615 ARTICLE 19 19.0 RECRUITMENT AND SELECTION 19.1 Recruitment and Selection process and procedures are described in The Hiring Process of the City of Boynton Beach. 21 Union City 616 ARTICLE 20 20.0 PROBATIONARY PERIOD 20.1 All newly hired or rehired employees shall be subjectto a probationary period of oRe f 71. r— —sixL61 onths. 20.1.2 This initial probationary period may be extended for up to an additional ninety (90) days with the concurrence of the Department Head, Director of Human Resources and Risk Management, and City Manager or desi nee. 20.2 All promoted, reclassified, transferred, or demoted employees shall be subject to a probationary period of six (6) months, unless the e ployee is being prc)oted s tar ero r-&1acrafr lrr n is me cine e l a n�rvaawc .nrFalln 91a a res-asa. rp rc. s.ru:ra-a-s-acccc a-s-a�--asp crcrss.ra-ce-sj i`as—s.e c. �-s.r–ae-s-s-azce–cssce F} within their respective career -path. 20.2.1 In the event an employee is promoted, reclassified, transferred or demoted during his/her initial six 61ont probationary period, the length of the employee's probationary period in the position to which (s)he is promoted, reclassified, transferred, or demoted will be six 6 ont s° ,& 1e l- � e r ,,,r.a�F� A arra n4L.c• �«..,�, 4-inr. r.�"fnna-ee,r, v1�9r. .<� T F � nnFar.tg,,w,r.�„ tini^9fatp Tav1l7 T�lfl}sai�rat'sx¢Ml9nw �a �g}7°% f 20°2°2 There will be no probationarperiod for an e ploys€ ho is promoted within their respective careerpath° 20.3 An Employee, while serving in an initial probationary period, as defined in Sections 20.1 and 20.1.2, or who is promoted, demoted, laterally transferred, or reclassified, as defined in Article 21, to a position outside of his/her current and established Career Path, is considered "at -will" and has no property rights and has no appeal rights for discipline up to and including termination. All other rights of bargaining unit members are applicable to probationary employees unless otherwise stated within this Agreement. 20.4 An employee's probationary status is not in and of itself a factor in layoffs. 22 Union City 617 R rc°r, r°�1 a7sc,a• ,�g�,v,�r� y�r��,�r „ rr a �. �� 20°2°2 There will be no probationarperiod for an e ploys€ ho is promoted within their respective careerpath° 20.3 An Employee, while serving in an initial probationary period, as defined in Sections 20.1 and 20.1.2, or who is promoted, demoted, laterally transferred, or reclassified, as defined in Article 21, to a position outside of his/her current and established Career Path, is considered "at -will" and has no property rights and has no appeal rights for discipline up to and including termination. All other rights of bargaining unit members are applicable to probationary employees unless otherwise stated within this Agreement. 20.4 An employee's probationary status is not in and of itself a factor in layoffs. 22 Union City 617 ARTICLE 21 21.0 PROMOTION, DEMOTION, LATERAL TRANSFER, AND RECLASSIFICATION 21.1 PROMOTION It is recommended that an employee who is interested in applying for a promotional opportunity be in his/her current position for a minimum of six L61 onths and have satisfactory performance. Pursuant to Article 20 each promoted employee who is subject to a probationary period of at least six 6 months from his/her date of promotion, Cunless the e ployee is tiro oted ithin their respective career pathl is subject to the provisions in Article 20.3. 21.1.1 In the event an employee is promoted while serving in his/her initial e )—ye six 6 month probationary period, the length of the employee's probationary period in the position to which (s)he promoted will be six C61 onths, unless the e plo ee is pro oted within their respective career r�atli. sled ar rer? P . , rr-ecrr-zr�-e-errrcec�c -�-a-a�--errea ea-crrr.� 21.1.2 There will be no probationary_period For an e ployee o is pro oted within their respective career hath. 21.1.2 Upon promotion an employee's rate of pay will be adjusted as follows: a. Promotion of one pay grade: +5% of mid -point of new grade or to minimum of new grade, whichever is higher b. Promotion of two pay grades: +7.5% of mid -point of new grade or to minimum of new grade, whichever is higher c. Promotion of three or more pay grades: +10% of mid -point of new grade or to minimum of new grade, whichever is higher 21.1.3 In no event will the employee's base rate of pay exceed the maximum of the pay grade for the position to which the promotion is made. 23 Union City 618 21,1,4 All pro otions outside the afore entioned percentage increases are to be deter fined by the City Manager or designee itliin budgetary constraints. 21.2 DEMOTION Pursuant to Article 20, each demoted employee, whether voluntary or involuntary, is subject to a probationary period of at least six (6) months from his/her date of demotion and is subject to the provisions in Article 20.3. 21.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows: Demotion of one pay grade: -5% of mid -point of current grade (position leaving) Demotion of two pay grades: -7.5% of mid -point of current grade (position leaving) Demotion of three of more pay grades: -10% of mid -point of current grade (position leaving) 21.2.2 In no event will the employee's base rate of pay exceed the maximum of the pay grade for the position to which the demotion is made. 21.2.3 A promoted employee who is demoted prior to completion of his/her probationary period will have his/her pay reduced by the same amount as the promotional increase. 21.2.4 The Director of Human Resources and Risk Management and the City Manager reserve the right to make exceptions to Section 21.2.1 of this Article when they determine that the circumstances surrounding the demotion do not warrant reducing the pay of the demoted employee. 21.3 LATERAL TRANSFER Pursuant to Article 20, each transferred employee, whether voluntary or involuntary, is subject to a probationary period of at least six (6) months from his/her date of transfer and is subject to the provisions in Article 20.3. 21.3.1 Employees transferring from one position to another position in the same pay grade, whether in the same or different department, will maintain the same rate of pay. 21.4 RECLASSIFICATION Pursuant to Article 20, each reclassified employee is subject to a probationary period of at least six (6) months from his/her date of reclassification and is subject to the provisions in Article 20.3. 24 Union City 619 21.4.1 Reclassifications resulting in a promotion, demotion, or lateral transfer and will follow those specified provisions as outlined in this Article. 25 Union City 620 ARTICLE 22 22.0 SENIORITY AND LAYOFF The City and the Union recognize the value of an experienced workforce and agree that an employee's seniority shall be considered, along with the needs of the City, when affecting decisions on vacations, promotions, and shifts. 22.1 Seniority shall be defined as the employee's continuous length of service with the City of Boynton Beach. 22.2 Employees shall lose their seniority for the following reasons: A. Termination B. Retirement C. Resignation D. Failure to report to the Department of Human Resources and Risk Management the intention of returning to work within five (S) days of receipt of recall as verified by certified mail E. Failure to return from military leave within the time prescribed 22.3 The City Manager may lay off any union employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position, consolidation of departments or divisions, privatization, reclassification, or reorganization. A. Employees will be given severance pay when laid off from the City according to the following schedule: Completed Years of Service Severance Pay 0 - 1 year 40 hours 2 - 9 years 80 hours 10 - 19 years 120 hours 20+ years 160 hours B. Whenever a layoff of one (1) or more employees becomes necessary, the City Manager shall notify the Union at least two (2) weeks in advance of the intended action and the reasons therefore. C. The Director of Human Resources and Risk Management shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. In order to minimize the disruption of the operations of the City, the order of layoff shall be in reverse order of total continuous time served in the same classification and within the same department. 26 Union City 621 ARTICLE 23 23.0 DISCIPLINE AND PERFORMANCE MANAGEMENT 23.1 COACHING Supervisors provide information, guidance, and directives to employees on a day-to-day basis, which is a standard method of communication in the workplace. Beyond such standard communication, Coaching is an opportunity for an employee and supervisor to discuss work-related progress and concerns. During coaching, supervisors may provide employees with feedback relating to their day-to-day conduct, behavior, and/or overall performance of their jobs, such as what went well, what could have gone better, reminders, and/or other instructive and constructive communications. Coaching is intended to identify to an employee conduct, behavior, or a performance deficiency in an informal and constructive way before it reaches a level necessitating documented disciplinary action. As Coaching does not constitute discipline, employees are not entitled to Union representation when management is providing such feedback. Coaching, although encouraged, is not required prior to the imposition of discipline. 23.2 PROGRESSIVE DISCIPLINE 23.2.1 The City endeavors to maintain productive and mutually beneficial employment relationships with bargaining unit members. No bargaining unit member shall be disciplined without just cause. When employees violate an established policy, procedure, or rule, or when performance deficiencies are identified, management addresses these issues with employees with the intent to have employees correct their behavior and/or improve their performance. 23.2.2 Progressive discipline allows for the imposition of an appropriate level of discipline depending on the facts and circumstances of each case coupled with consideration of the employee's overall employment and disciplinary history. No two employees or circumstances are identical; therefore, individual employees may have different progressive discipline outcomes. 23.2.2.1 Previous Written Counseling (see Section 23.4) that was issued twenty-four (24) months prior to a current disciplinary matter will not be factored into determining the level of discipline for the current matter. Exceptions to this Section may include previous actions regarding preventable accidents/incidents; moral turpitude; theft; and/or acts of aggression/violence. 23.2.2.2 Previous Written Notice/Reprimand (see Section 23.4) that was issued thirty-six (36) months prior to a current disciplinary matter will not be factored into determining the level of discipline for the current matter. Exceptions to this Section may include previous 27 Union City 622 actions regarding preventable accidents/incidents; moral turpitude; theft; and/or acts of aggression/violence. 23.2.3 Violations are categorized as Misconduct, Serious Misconduct, or Extreme Misconduct. A non -exhaustive list of examples of different types of violations by category is referenced in the City's Personnel Policy Manual. Progressive discipline does not apply to the following categories of conduct: • Workplace Violence • Harassment • Criminal Activity 23.3 DISCIPLINE PROCESS 23.3.1 Initial Meetinp, When a supervisor identifies a policy, procedure, or rule violation and/or other performance deficiency, the supervisor may, at his/her discretion, schedule an "Initial Meeting" with an employee to discuss the incident or issue to ensure that (s)he has considered the facts and circumstances from the employee's perspective. Although some circumstances may benefit from a supervisor having an Initial Meeting, there is no requirement to have one in all cases. If the supervisor schedules an Initial Meeting, it is because the employee will be subject to questioning, which may result in discipline. As such, an employee is able to request Union representation to accompany him/her to the Initial Meeting. An employee will be provided with a minimum of forty-eight (48) hours of notice of any scheduled Initial Meeting for which (s)he would be responsible for requesting a Union representative No advanced notice to the employee is required when the supervisor has pre -arranged for a Union representative to attend the Initial Meeting. The employee and Union representative will be allowed up to fifteen (15) minutes to confer, without management present, prior to the start of the Initial Meeting. 23.3.1.2 Requesting/Waiving Union Representation It is the employee's responsibility to arrange for Union representation, if so desired, upon receiving notice to attend an Initial Meeting. An employee who arrives to a prescheduled Initial Meeting without Union representation will be deemed to have waived his/her right to such representation, and the meeting will proceed as scheduled. Union City 623 23.3.1.3Investigations All investigations are subject to co pletion within a six (61 month timeframe. If month timeframe no disciplinary action will be taken against the errialo 23.3.2 Disciplinary Meeting A Disciplinary Meeting maybe held with an employee at anytime. The purpose of a Disciplinary Meeting is to issue already determined discipline. As an employee will not be expected to answer any questions at this meeting, (s)he is not entitled to Union representation. 23.4 TYPES OF DISCIPLINARY ACTION The following disciplinary actions shall be utilized, and, depending on the severity of the offense, the first disciplinary action may be at any appropriate level, including termination of employment. Minor Discipline: A. Written Counseling B. Written Notice C. Written Notice in Lieu of Suspension, D. Unpaid Suspension of twenty-four (24) hours or less, Major Discipline: A. Unpaid Suspension of more than twenty-four (24) hours B. Disciplinary Demotion C. Termination of Employment 23.5 PERFORMANCE IMPROVEMENT PLAN (PIP) Performance Improvement Plans (PIP) are most commonly used in the following circumstances: • To extend an employee's probationary period; • When an employee receives a performance evaluation, which indicates the employee is not meeting expectations; • When an employee's performance, related to deficiencies in their knowledge, skills, abilities, and/or competencies (K.S.A.C.), has deteriorated over a period of time; or • When an employee's performance, related to deficiencies in their knowledge, skills, abilities, and/or competencies 29 Union City 624 (K.S.A.C.), falls below standard following a newly implemented system, process, and/or procedure. A Performance Improvement Plan describes the employee's current performance issues, states the performance expectations for required area(s) of improvement, and provides an action plan to guide the employee toward improving his/her performance within a defined time period. a. A Performance Improvement Plan may be issued at any time and/or in conjunction with any disciplinary action. b. Any "Major Discipline" or suspension resulting from the unsuccessful completion of a Performance Improvement Plan is subject to a Predetermination Conference. 23.6 TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION 23.6.1 Minor Discipline ARpeal/Response Options: a. There are no appeal options for a Written Counseling or for placing an employee on a Performance Improvement Plan. b. Written Comments Employees may submit written comments in response to any Minor Discipline for inclusion in their personnel files. C. Administrative Appeal Employees may request to have an Administrative Appeal with the Director of Human Resources and Risk Management (or Designee) by making such request in writing or by electronic mail directly to the Director of Human Resources and Risk Management within fourteen (14) calendar days of receipt of a Written Notice, Written Notice in Lieu of Suspension, or Unpaid Suspension of twenty-four (24) hours or less. Within thirty (30) calendar days of conducting an Administrative Appeal, the Director of Human Resources and Risk Management (or Designee) will provide the employee with a written response of his/her determination. This determination is final and not subject to further review or appeal. 23.6.2 Major Discipline A112eal/Response Options: a. Written Comments Employees may submit written comments in response to any Major Discipline for inclusion in their personnel files. 30 Union City 625 b. Predetermination Conference Prior to the imposition of any Major Discipline, employees are entitled to participate in a Predetermination Conference. Employees will be provided a letter explaining their eligibility to participate in the Predetermination Conference. If an employee 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. An employee may have a representative attend the Conference with him/her. As soon as practical after the Predetermination Conference, the employee will be notified in writing of the City's decision. If no agreement is reached following the City's response to the Predetermination Conference, the Union may refer the matter on behalf of the employee to arbitration by notifying the Director of Human Resources and Risk Management and the City Manager by electronic mail on or by the tenth (loth) day of receipt of the City Manager's response. 23.7 CRIMINAL CHARGES a. If an employee is arrested and charged with a felony offense, the employee shall be placed on Administrative Leave Without Pay until all final dispositions of the criminal charges. An employee who is convicted of, or who pleads guilty or no contest to, a felony or who pleads guilty or no contest in conjunction with a plea negotiation shall be terminated from his/her employment with the City without the right to a Predetermination Conference or appeal through the Grievance process. If an employee is convicted of, or pleads guilty or no contest to a lesser charge or in conjunction with a plea negotiation, (s)he may be terminated from his/her employment with the City pending the outcome of a Predetermination Conference. b. During an Administrative Leave Without Pay under these circumstances, an employee will be paid from any accrued and available vacation and sick leave. 31 Union City 626 ARTICLE 24 24.0 GRIEVANCE AND ARBITRATION 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. Challenges to discipline are governed by Article 23 -Discipline and Performance Management. All references to "days" in this Article shall mean calendar days. 24.1 Grievance Procedures All grievances and responses to grievances shall be dated and submitted in writing by electronic mail to the Director of Human Resources and Risk Management (or Designee). The Parties agree to the 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) 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 grievance is deemed "denied" and the Union or Grievant may proceed to the next step. The Parties agree to utilize the Director of Human Resources and Risk Management (or Designee) at all steps as the conduit for receiving and responding to grievances submitted to the City. Grievances at all steps shall be submitted by electronic mail to the Director of Human Resources and Risk Management (or Designee). For the purpose of this Article, "of receipt" shall mean the date the electronic mail message was sent. 24.1.1 Step One - Department Director The Union or Grievant shall submit in writing a Step One grievance on behalf of an employee or group of employees on or by the fifteenth (15th) day of the occurrence or on or by the fifteenth (15th) day of when the employee(s) knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name, job title, and department of grievant(s); 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: 32 Union City 627 a. Statement indicating the grievance is a class action; and b. Signature of an SEIU Union Official (President, Vice -President, Chief of Staff, Deputy Chief of Staff, or non -City employee Lead Negotiator). In the event a grievance does not contain the required information listed above, the Director of Human Resources and Risk Management (or Designee) may return the grievance to the Union or Grievant by electronic mail with a written notification identifying the missing information and deeming the grievance as "incomplete." An "incomplete" grievance must be returned to the Union or Grievant on or by the fifteenth (15th) day of receipt of the grievance. The Union or Grievant will then have five (5) 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 fifth (5th) day of receipt, it will be deemed "withdrawn," and the Union or Grievant will not be able to resubmit it. The Department Director's Step One response shall be transmitted to the Union on or by the tenth (10th) day of receipt of a complete grievance. 24.1.2 Step Two - Director of Human Resources and Risk Management (or Designee) If no agreement is reached at Step One, the Union or Grievant may file a Step Two written grievance on behalf of grievant(s) by electronic mail to the Director of Human Resources and Risk Management on or by the seventh (7th) 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 Department Director's Step One response is not correct. The Director of Human Resources and Risk Management (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 Director of Human Resources and Risk Management (or Designee) must notify the Union or Grievant within five (5) 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's Step Two response is tolled until the interviews can be scheduled and conducted. The Director of Human Resources and Risk Management (or Designee) shall respond in writing to the Step Two grievance by electronic mail on or by the twentieth (20th) day of receipt of the Step Two grievance or on or by the twentieth (20th) day following an interview with the grievant(s), if an interview occurred. 24.1.4 Step Three - Arbitration a. 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 Director of Human Resources and Risk Management and the City Manager by electronic mail on or by the twentieth (20th) day of receipt of the Step Two response. The City may also request arbitration by notifying an SEIU Union Official by electronic 33 Union City 628 mail on or by the twentieth (20th) day of submitting the Step Two response. Employees who are not members of the Union, and who 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, unless the Union has determined that the grievance giving rise to the arbitration has no merit. 24.2 Arbitration Procedures The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of receipt of arbitration notice as referenced in Section 24.1.4.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. 24.2.1 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 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 determined by the Parties. 24.2.2 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. 24.2.3 Arbitrator Authority and Award 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) 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 employee to his/her most recent position held and the monetary value of the employee's back wages and benefits to make the employee "whole." 34 Union City 629 24.2.4 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. 35 Union City 630 ARTICLE 25 2 5.0 INSURANCE 25.1 Medical, Vision and Dental Insurance The sole medical benefit plan available to employees is a High Deductible Health Plan (HDHP). 25.1.1 Year One: ( ^b--�, �0� through -Septe mer v0, 2v21) 1. The premium cost for "employee only" HDHP medical, dental, and vision insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. For this plan year, the City absorbed the cost of a twelve and a half percent (12.5%) increase in medical insurance premiums. The City Commission, through the Annual Budget process, may appropriate funds to subsidize the 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. The City will contribute an annualized total of seven hundred fifty ($750.00) into an employee's HSA on the first full pay period check date following, . a. In order to be eligible for HSA deposit above, an employee must be actively employed onaF , v . b. Employees who are enrolled on the City's medical plan but who are ineligible to have an HSA because they are also enrolled in Medicare, may be eligible to receive the City contribution amount referenced in Section 2 above as a lump sum. These employees must inquire directly with the Director of Human Resources and Risk Management (or Designee) no later than December 1st to be considered. 3. The City will contribute two hundred fifty dollars ($250.00) into an employee's HSA when they complete a Personal Health Assessment (PHA) between Oetabef4—,242-0 through Y+1y-34—,20W at the Employee Health and Wellness Center and provide the required documentation to Human Resources. There should be a minimum of seven (7) months between PHA exams. 4. The City will provide opportunities to convert an annualized total value 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 to help fund their HSA. This conversion can be done during the following times: a. (any amount up to an annualized total of $1,500.00) b. x-44, 2-0 4 —app 9 (any amount up to an annualized total of $1,500.00) 36 Union City 631 c.*gt (any amount up to an annualized total of $1,500.00) d. For purposes of this Article, "annualized" means plan year , t&bef 1, " through ' ber- 5. Newly hired employees, hired on or after ° tobefl 44 , and who elect to be covered on the City's medical insurance, will accrue sixty-two dollars and fifty cents ($62.50) per active month of service for the City to deposit into their HSA through September 2021. The initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 25,1,1 a1 This Article will be reot�ened for negotiations no later than June 2023. Year Two & Three av also be reopened at this ti e. 25.1.2 Year Two: ( be, `,� through , d ) a. The aforementioned provisions in section 25.1.1 will be effective for future plan years during the term of this Agreement, with modification to the dates in order to refer to the applicable year. b. The City and Union agree to reopen this section [25.1.1] no later than July 15th of each year of the Agreement if the following occurs: The billing premium cost passed on to the employee for dependent coverage increases by more than five percent (5%); and ii. The deductible amounts increase by more than $250.00 for employee only coverage or more than $500.00 for employee plus dependent(s) or family coverage. 25.1.3 Year Three: (� ^ze i,n� 1, �0 � through mber 3 , � ) a. The aforementioned provisions in section 25.1.1 will be effective for future plan years during the term of this Agreement, with modification to the dates to refer to the applicable year. b. The City and Union agree to reopen this section [25.1.1] no later than July 15th of each year of the Agreement if the following occurs: The billing premium cost passed on to the employee for dependent coverage increases by more than five percent (5%); and ii. The deductible amounts increase by more than $250.00 for employee only coverage or more than $500.00 for employee plus dependent(s) or family coverage. 37 Union City 632 ARTICLE 26 26.0 PENSION 26.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. 26.2 Recent Historical Changes During Bargaining • The City and the Union agree to conform the pension plan to state requirements as pertaining to municipal pension programs. • DROP: Employees hired on or after January 1, 2020 will receive interest at a rate of 0% - 8% depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. 26.3 This Article will be reopened for negotiations no later than tune 2Q23. Union City 633 ARTICLE 27 27.0 HOURS OF WORK, OVERTIME, AND BREAKS 27.1 HOURS OF WORK 27.1.1 The basic work week shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish, and may change, the basic work week and hours of work best suited to meet the needs of the City. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. 27.1.2 The Department Director (or Designee) will establish a regular work schedule for employees and may change an employee's or group of employees' regular work schedules to meet department needs. Employees will be notified in writing with a minimum of six (6) calendar days of notice of any change to their regular work schedules. Notwithstanding the requirement for the advanced notice, employees may, at their sole discretion, waive the notice period and begin to work the new schedule upon request of the Department Director (or Designee). 27.1.3 Employees may be required to work additional hours as assigned by their supervisors. 27.1.4 Employees shall not be in a work status more than seven (7) minutes prior to, or more than seven (7) minutes after, their regular workdays unless they have their supervisor's approval to be in a work status. For purposes of timekeeping, the City will round time to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53-7:07=7:00 7:08-7:22=7:15 7:23-7:37=7:30 7:38 - 7:52 = 7:45 27.1.4.1 It is understood that the clock or other system designated by an employee's supervisor to record arrival and departure shall be the clock or system against which timely reporting for work is measured. If at any time that clock or system is deemed inoperative, the immediate supervisor will advise employees which clock or system will be utilized for timekeeping purposes. 27.1.4.2 Employees are required to accurately document or record their work time pursuant to their department's system. 27.1.5 Shift Bidding: Employees who work in departments in job classifications that have more than one established shift are able to bid on these shifts 39 Union City 634 pursuant to the Department's/Division's established shift bidding process. A list of Departments/Divisions with established shift bidding processes is available in ADDENDUM "A" of this Agreement. 27.1.5.1 If no departmental/divisional shift bidding process exists for a job classification within a Department/Division that has more than one shift, then the priority for selecting shifts will be based on seniority, as defined by the length of time in the job classification within the department/ division, as long as the department/division can maintain the necessary balance of employees with the requisite knowledge, skills, and abilities required for the shift. The Department Director retains the sole discretion to determine the requisite knowledge, skills, and abilities complement required on each shift. Such shift bidding opportunities will be granted each year on December Pt and become effective January 1st. 27.2 OVERTIME 27.2.1 All work performed in excess of forty (40) hours in any one work week shall be paid in accordance with the Fair Labor Standards Act (FLSA) regulations for overtime. 27.2.2 Holiday time and hours worked will be considered in the calculation of overtime. 27.2.3 Additional hours may be offered and scheduled for a specified work function. Such additional hours will be offered on a rotating basis based on seniority, which is defined as the length of time in the job classification within the department/division. Department/Division established rotation processes supersede this provision. A list of Departments/Divisions with established rotation processes is available in ADDENDUM "B" of this Agreement. 27.2.3.1 Additional hours worked are not calculated as "overtime" until an employee has "actually worked" in excess of forty (40) hours in the work week. 27.2.4 Supervisor's shall provide no less than two (2) hours of advanced notice to employees prior to the assignment of unscheduled/mandated additional work hours except in the case where the supervisor, in consultation with the Department Director (or Designee), has determined that the additional unscheduled/mandated hours are deemed an immediate necessity for providing City services. 27.2.4.1 An employee who refuses or fails to work additional hours, pursuant to Section 27.2.4, may be subject to discipline if the employee does not have a legitimate reason, as determined by the supervisor in consultation with Human Resources, as to why (s)he cannot work the hours. 40 Union City 635 27.2.5 In the event an employee is required to work additional hours, the employee's hours may be flexed within the same work week, provided the employee and the supervisor mutually agree to do so. 27.3 BREAKS 27.3.1 Employees are provided with two (2) paid fifteen (15) minute breaks throughout the course of a minimum eight (8) hour scheduled shift. During scheduled shifts of less than eight (8) hours, employees are provided with one (1) paid fifteen (15) minute break. During these paid breaks, employees are required to remain at the job site. Paid breaks are scheduled by the employee's supervisor, and the supervisor may authorize the combination of two (2) paid breaks. 27.3.2 Unless otherwise stated, employees who are scheduled to work a shift of eight and a half (8.5) hours have a thirty (30) minute unpaid break. Employees who are scheduled to work a shift of nine (9) or more hours have a sixty (60) minute unpaid break. During this break time, employees are allowed to leave the job site. Unpaid breaks are scheduled by the employee's supervisor, and the times of such breaks are subject to change without notice. 27.3.2.1 An employee who, due to work necessity as dictated by his/her supervisor, is unable to disengage from work for the break referenced in Section 27.3.2 may be required or authorized by his/her supervisor to flex that time on the same work day. 27.3.2.2 A Department Director, with approval from the Director of Human Resources and Risk Management and the City Manager DLdesignee, nee, may authorize an employee to have an alternate unpaid break length that is consistent with his/her regular work schedule. 27.3.2.3 Employees in the following job classifications are not eligible for the break referenced in Section 27.3.2 because they are required to remain at the job site an unable to fully disengage from their work: • Plant Operator Maintainer Trainee • Water Treatment Plant Operator I • Water Treatment Plant Operator II • Water Treatment Plant Operator III • Water Treatment Plant Lead Operator 27.3.3 An employee who fails to adhere to break time provisions, including timely returning to work from breaks, is subject to discipline. 41 Union City 636 27.4 Task Assignment (Solid Waste) 27.4.1 Solid Waste employees are responsible for satisfactory completion of a daily Task Assignment. A daily Task Assignment is defined as those duties correlating to collection of solid waste from defined routes; assisting other employees in collecting solid waste from other defined routes pursuant to Section 27.4.2; attending departmental meetings that require employee attendance; cleaning and maintaining vehicles; performing emergency work pursuant to Section 27.4.3; and any other duties assigned by supervisory staff related to support services for solid waste collection and to advance Citywide disaster responses. 27.4.2 Within the Solid Waste Division, circumstances may arise which prevent certain crews from completing their assigned routes within the work day. In this event, Management may direct other crews to help complete the route(s) of crews who were unable to complete their route(s) on that same day. 27.4.3 All employees in the Solid Waste Division of Public Works who perform work pursuant to Section 27.4.1 are considered Task employees. Task employees will be assigned to shifts of either eight (8) or ten (10) hours per day. Task employees will maintain the same shift for an entire work week. At the beginning of each work day, a daily Task Assignment shall be assigned by the supervisor. Upon completion of the assigned daily Task Assignment, a Task employee may be required to perform other work functions related to the Solid Waste Division of Public Works. 27.4.3.1 Task employees shall be released from duty only by their immediate supervisors, the supervisor on -duty, or the Solid Waste Manager. Task employees are prohibited from releasing themselves from duty. Task employees who self -release from duty are subject to disciplinary action. 27.4.4 The Director of Public Works (or Designee) will "equalize," as closely as possible, assignments for Task employees. 27.4.5 An employee may be assigned to cover another employee's assigned route when the employee who is normally assigned to the route is on vacation or is on extended leave. In this case, the employee who is assigned to cover the route shall be assigned that route for the entire work week and shall work the same shift as the employee for whom (s)he is covering. Management shall make every effort to provide the covering employee with forty-eight (48) hours of advance notice. 27.4.6 "Task hours" Accrual and Effect on Payroll 27.4.6.1 Section 27.2.4 is not applicable to Task employees who are on Task Assignment (Solid Waste). Overtime is calculated and paid pursuant to Sections 27.2. through 27.2.3.1. 27.4.6.2 Due to the type of work, there may be instances when an employee completes his/her daily work prior to the end of his/her regularly scheduled shift ending time. If no other work is required to be completed, a supervisor may release the employee for the day. In order to ensure that the 42 Union City 637 employee is not adversely affected by this early release, the remaining hours in the work day will be notated as "Task hours." 27.4.6.3 "Task hours" are hours that are not "actually worked;" therefore, these hours are not considered "hours worked" for the purposes of calculating overtime. Task hours also shall not result in paying an employee for more than forty (40) hours in any work week if (s)he has not actually worked more than forty (40) hours in that work week. 27.4.6.4 "Task hours" that have been accrued during the work week are only paid when an employee, as a direct result of being released early from his/her scheduled task assignment, has not met the minimum threshold of forty (40) hours in the work week. Example #1: Day Hours Worked Task Hours Accrual (not worked) Monday Tuesday Wednesday Thursday Friday Weekly Hours Paid Example #2: Day Monday Tuesday Wednesday Thursday Friday Weekly Hours Paid Example #3: Day Monday Tuesday Wednesday Thursday Friday Weekly Hours Paid Union City 9 1 10 0 OFF OFF 12 0 6 4 37 5 37 Reg 3 Task 40 total hours Hours Worked Task Hours Accrual (not worked) 12 0 12 0 OFF OFF 8 2 10 0 42 2 40 Reg & 2 OT 0 Task Hours Worked 12 (Vacation) 10 OFF 8 9 39 29 Reg & 10 Vac 42 total hours Task Hours Accrual (not worked) 0 0 OFF 2 1 3 1 Task 40 total hours 43 638 27.4.7 Employees may sign up to voluntarily work on Sunday to perform work consistent with Task Assignments. Voluntary Sunday Task Assignments shall be offered on a rotating seniority basis, starting with the most senior employee who signed up to work. 27.4.7.1 A Task employee who has volunteered to work on that Sunday will be paid either: (a) three (3) hours at one and a half (1.5) times his/her regular rate of pay or (b) the total of all actual hours (s)he "actually worked" at his/her regular rate of pay, whichever is greater. 27.4.7.2 Should no Task employees volunteer to work on a Sunday when work is available, the City shall mandate the Sunday Task Assignment by reverse seniority, beginning with the least senior Task employee. Task employees who have been mandated to work a Sunday Task Assignment will be paid the total of all actual hours (s)he "actually worked" at his/her regular rate of pay. 27.5 UTILITIES SHIFT DIFFERENTIAL Water Plant Operators who work the evening/ overnight shift (current shift as of ratification: 6:00 p.m. - 6:00 a.m.) are eligible to receive a shift differential, which is an additional five percent (5%) of pay per hour. 44 Union City 639 ARTICLE 28 28.0 COMPENSATORY TIME 28.1 Employees may accrue compensatory time in lieu of overtime pay when the employee works in excess of forty (40) hours in a work week. 28.2 Compensatory time is accrued at one and a half (1.5) times per hour of overtime worked. Employees may accumulate up to 44 one hundred and t ent1201 hours of compensatory time. At no time may an employee accumulate more than eighty --(8-04 one hundred and twent®1201 hours of compensatory time. Compensatory time must be taken within the fiscal Ear following its accrual or it will be paid out. 28.2.1 The first quarter begins on October 1St. 28.3 It is solely the employee's option to choose whether (s)he wishes to be paid for his/her overtime or to accrue compensatory time. The City will not encourage employees to take one form of compensation over the other. 45 Union City 640 ARTICLE 29 29.0 HOLIDAYS 29.1 The following is a list of City -observed holidays. The dates on which each holiday is observed by the City is determined each October for the upcoming calendar year. • New Year's Day • Martin Luther King, Jr. Day • Presidents' Day • Memorial Day • iuneteenth • Independence Day • Labor Day • Veterans' Day • Thanksgiving Day • Day After Thanksgiving • Christmas Eve • Christmas Day 29.2 Holiday Pay Provisions 29.2.1 For employees who are not required to work on a City -observed holiday: A. When a City -observed holiday falls on an employee's scheduled work day, the employee will receive ar rug y ux-s holiday pay at the rate of one hour for every hour he/she works at straight time, basedon the e oloyees re ularly scheduled shift. B. When a City -observed holiday falls on an employee's non- scheduled work day, it will be treated as a floating holiday and eig� � n rs one hour for every hour he/she works at will be added to the employee's vacation leave bank based on the em loyees regularl�r scheduled shift. C. Employees must work their regularly scheduled work day immediately before and their regularly scheduled work day immediately after the holiday or be in a pre -approved and authorized pay status immediately before and after the holiday in order to receive holiday pay or have floating holiday hours added to their vacation leave banks. 29.2.2 For employees who are required to work on a City -observed holiday: A. An employee who is scheduled and required to work on a City - observed holiday, will receive eight-(914oufs-4 holiday pay at the rate of one hour for every hour he/she works at straight 46 Union City 641 time based on the e plo ees regularly scheduled shift& in addition to being compensated for their hours "actually worked." B. Employees must report to work on time and work until the end of their shift on the City -observed holiday in order to be eligible for holiday pay. 29.2.3 Employees who are on a pre -approved and authorized leave with pay status on the date on which a City -observed holiday falls will have their leave time for that date designated as "holiday," and it will not be charged to or deducted from their otherwise designated leave bank. 29.3 Task Assignment (Solid Waste) Holidays 29.3.1 For Task employees who are not required to work on a City -observed holiday: A. When a City -observed holiday falls on a Task employee's scheduled work day, the employee will receive one-hour for every hour eduled shift. B. When a City -observed holiday falls on a Task employee's non- scheduled workday, it will be treated as a floating holiday and one hour for every hour of the e No ees re ularly scheduled shift will be added to the employee's vacation leave bank. C. Employees must work their regularly scheduled work day immediately before and their regularly scheduled work day immediately after the holiday or be in a pre -approved and authorized pay status immediately before and after the holiday in order to receive holiday pay or have floating holiday hours added to their vacation leave banks. When a City -observed holiday falls on a Task employee's non-scheduled work day, it will be treated as a floating holiday, and one hour for every hour of the em loyees regularly scheduled shift eight -8�- will be added to the Task employee's vacation leave bank. 29.3.2. For Task employees who are required to work on a City -observed holiday: A. An employee who is scheduled and required to work on a City -observed holiday, will receive eig 4 4,„� - one hour for every hour of the: e ployees regularly scheduled shift of holiday pay at straight time in addition to being compensated for their hours "actually worked.” B. Should a Task employee be required to perform "actual work" beyond his/her lam j o re ularly scheduled shift Task Assignment schedule on a holiday, those hours also count as "hours worked" for purposes of calculating overtime. 47 Union City 642 C. Employees must report to work on time and work until the completion of their Task Assignment on the City -observed holiday in order to be eligible for holiday pay. 29.3.3 Employees who are on a pre -approved and authorized leave with pay status on the date on which a City -observed holiday falls will have their leave time for that date designated as "holiday," and it will not be charged to or deducted from their otherwise designated leave bank. 29.3.4 Task employees are prohibited from using Emergency Vacation, as referenced in Article 36.4, on a City -observed holiday. 29.3.5 The City will publish a holiday service schedule and makeup day schedule at least six (6) months in advance of a holiday. 48 Union City 643 ARTICLE 30 30.0 WAGES 30.1 Year One (October 1, 2424 2023 - September 30,-24-242024): Ear ainin� Unit e hers who were actively e loved on Setae her 30. 2023 and who have not terminated before ratification of this Agee will � receivebase rate effective Octo es will receive 3a -equivalent lumt� su tea ant. Limon conclusion of the Evergreen study the cit a rasa to discuss the salary ranges with the Union on or about�ul 2023, 30.2 Year Two (October 1, 2424 2024 - September 30,242-2- 2025): 2023 and who have not terminated before ratification of this Agee will receive to effective October 1.2024.E ployees who are at the maxi u of their pay grades ill receive an equivalent lu p su pay ant. 30.3 Year Three (October 1, 242--2- 2025 - September 30, 242-3 2026): Eargainin� Llnit e hers who were actively e loved on Setae her 30, 2023 and who have not terminated before ratification of this Agee ent, will rece base rate effective Octo es will receive an-�equivalent lumt� su ria ant, 49 Union City 644 ARTICLE 31 31.0 STANDBY, CALL BACK, AND OTHER ASSIGNMENT INCENTIVE PAY 31.1 STANDBY PAY Standby Pay may also be referred to as "Beeper Pay" or "On -Call Pay." Department Directors establish departmental/divisional rules regarding Standby protocols, including response times and procedures, which meet the needs of their respective operations. This Article addresses how an employee will be compensated for Standby assignments. This Article is only applicable to employees who are required to report to "the field" rather than to "the office" or "the center." 31.1.1 Supervisors schedule employees for Standby Assignments on a rotating basis and considerations may include: seniority, capability, availability, and reliability. 31.1.2 Divisions/Departments establish the rate of Standby Pay, which is not to be less than the equivalent of two [21 hours of pay at an employee's hourly base rate of pay. ADDENEVJM-AA " 31.1.3 Standby Pay for Court Appearances During Non -Working Hours: a. Upon notice from the City that an employee is required to remain on standby for a court appearance, the employee shall receive one (1) hour of Standby Pay at the employee's hourly base rate of pay for each non -working day (s)he is required to remain in such status. Employees in this status will be compensated at a rate one half (0.5) hour of pay at the employee's hourly base rate of pay for a maximum of eight (8) hours per non -working day. b. Employees who are required to appear in Court on behalf of the City are eligible for Call Back Pay, as defined in 31.3.2. of this Article, if such appearance is required during their non- working hours. 31.2 CALL BACK PAY Department Directors establish departmental/divisional rules regarding Call Back protocols, including response times and procedures, which meet the needs of their respective operations. This Article addresses how an employee will be compensated for Call Backs. This Article is only applicable to employees who are required to report to "the field" rather than to "the office" or "the center." r'��g 50 Union City 645 An employee who is called back to work more than thirty (30) minutes after or more than thirty (30) minutes before his/her regularly scheduled work hours will receive Call Back Pay as follows: 31.2.1 When it is necessary for the Cit to require the e loves to return to work, not on the assigned shift the Cit a rasa to co pennate the e )oyes for a minimum of four l41 hoursP ray at the established rate of one and one-half (1-1 times their normal hourly rate. This provision does not appy to recall or holdover when ane plovee is asked to start work early or work late. 31.2.2 There shall hours. In the event that there are more than th-rce-L3) Call Backs within -a twent-four (24l hour ti efra e, the e ployee ill be eligible to y— receive an additional Call Back ny of four 41 hours atone and one half (1,5} ti es heir normal rate. 31.2.3 Utilities ffljue CALL BACK See Memo dated August 13 2018 effective September 17 current information at time of ratification) 31.2.4 Public Works - Facilities -Solid Waste Parks and Fleet Staff Lfflue Collar) See Memorandum No. 19 -Q32 --- effective -Nova mber-l--2019--Ccurrent information at time of ratification) 51 Union City 646 1,,, � z nn r,o,HNr [ff I ��-�,H,1!„Y<,<ag.- P�,H1�tlN <1-,=Y red• ,fit.- -¢ e,$Lfdar !.-,11 -,$ 2snn -e erl�[' FdIN fle7� 1ale,Hre� hotfFsl [1DC` N ,H16tlN ta+�,Y,t- R�_ri °�orirl^lWi_°+oin&1d"e'Se ��.[�[t,e,Yd,! nd$r -� l.�,11 �,+ wenn N, �,Nt» •zen 1,!¢H,�c�, RR Cv ro'eleT 1 nn lit e'eeHN faT WL1PSl91"5 &' P't H'¢!1 �T C� �� T 1•i �l �l� &'b (IIZ�"'1Hn Cf] tl'1 f2[ [,HTII &`ll V9 fv4" B8 g e 31.3 OTHER ASSIGNMENT INCENTIVE PAY Nothing in this Article limits the City's ability to, or requires the City to, offer other incentive pay for assignments; however, such assignment incentives, if offered, will be made available to all employees who are qualified to perform the responsibilities of the assignment and who are in the same job classification within the same Division/Department in which the assignment 52 Union City 647 D ,fit.- -¢ e,$Lfdar !.-,11 -,$ 2snn -e erl�[' FdIN fle7� 1ale,Hre� hotfFsl [1DC` N ,H16tlN ta+�,Y,t- R�_ri °�orirl^lWi_°+oin&1d"e'Se ��.[�[t,e,Yd,! nd$r -� l.�,11 �,+ wenn N, �,Nt» •zen 1,!¢H,�c�, RR Cv ro'eleT 1 nn lit e'eeHN faT WL1PSl91"5 &' P't H'¢!1 �T C� �� T 1•i �l �l� &'b (IIZ�"'1Hn Cf] tl'1 f2[ [,HTII &`ll V9 fv4" B8 g e 31.3 OTHER ASSIGNMENT INCENTIVE PAY Nothing in this Article limits the City's ability to, or requires the City to, offer other incentive pay for assignments; however, such assignment incentives, if offered, will be made available to all employees who are qualified to perform the responsibilities of the assignment and who are in the same job classification within the same Division/Department in which the assignment 52 Union City 647 is being made. Seniority, defined as length of time in job classification within the Division of the Department, will be the basis from which selections for such assignments are made. 31.3.1 No assignment incentives may extend beyond three (3) months without the assignment being rotated based on seniority to all employees who are qualified to perform the responsibilities of the assignment and who are in the same job classification within the same Division/Department in which the assignment is being made. Seniority, defined as length of time in job classification within the Division of the Department, will be the basis from which selections for such assignments are made. 31.3.2 Any offer of other incentive pay for assignments is not a guarantee that such incentives will be continued, and the Union expressly waives its right to consider such incentives as a "Past Practice." 53 Union City 648 ARTICLE 32 32.0 CERTIFICATIONS AND PROFESSIONAL LICENSES Some positions within the City's established Job Classification system require employees to maintain certain certification(s) and/or professional license(s) as a minimum requirement and as a condition of employment. Some positions within the City's established Job Classification system require employees to obtain certain certification(s) and/or professional license(s) as a prerequisite for advancement to the next step in the classification's Career Path. For purposes of this Article, Florida Class E Driver's Licenses are not considered "professional licenses." Nothing within this Article is a waiver or limitation of Management Rights. 32.1 An employee who is required to maintain such professional license(s) and/or certification(s), as a minimum requirement, as specified in the Job Classification for the employee's current position, is eligible for financial assistance. 32.1.1 The City will provide financial assistance for the maintenance of such professional license(s) and/or certification(s) as follows: a. At the discretion of the Depart ent Director and the Director of Human Resources i Risk Manage ent or desrgnee T#e the City will a+4u :se fund the empley+°c� application/registration and/or testing fees for the renewal of required professional licenses and/or certificationfsl b. Should the employee not successful) complete and/or pass the funded testing and/or renewal of re aired professional liceuse(sl and/or certification(sl the e plo ee will iaeco e responsible for all associated costs thereafter. 32.2 An employee who is required to obtain such professional license(s) and/or certification(s) as a prerequisite to advancing to the next step in his/her job classification's Career Path is eligible for financial assistance. 32.2.1 The City will provide financial assistance for the maintenance of such professional license(s) and/or certification(s) as follows: a. At the Department Director's discretion, the City will fund p r>,y+- ,-e.,,,�, >_ra=r„ m �� , r � Ui.i rgf the cost for one (1) set of basic study materials per employee per required license and/or certification. 54 Union City 649 b. At the discretion of the Department Director and the Director of Human Resources &Frisk Management or designee the City will fund the aVnlication/registration and/or testin fees renewal of required professional license(sl and or certification Us. va, rze>�na ran .re-. ¢ue re 4ra+a ra�•f.a� r a -el ra4�,�n,�a�a rre ra r -a, t ve r'� r as•4e -a re s.�^%-x4nr� raai4�r -+ r•�-a ee•re e- r^ re r'� -a as 1-a rea a%ra rr n ria •-e4er ie c. Should the employee -not successful) co plete and/or pass the funded testin andlcsr renewal of required professional H cense and/or certification(sl the e ployee will beco e responsible for all associated costs thereafter, 32.3 The City may, from time to time, offer other incentives or additional pay to employees who, on their own time and expense, have attained professional license(s) or certification (s), which are not required in, but allow them to perform additional functions within their current Job Classification, and such functions are determined by the Department Director to be beneficial for the employees to be able to perform. 32.3.1 Employees who are receiving incentives or additional pay pursuant to Section 32.3 are not eligible to receive "Out of Class Pay" (See Article 34) unless the employee has been assigned in writing to perform another job due to a vacancy in the budgeted position. In cases when an employee has been assigned to work Out of Class, any incentive(s) or additional pay will be suspended until such time that the Out of Class assignment is concluded. 32.3.2 Nothing in Section 32.3 requires the City to offer other incentives or additional pay to employees who have professional license(s) and/or certifications) not specifically stated as a minimum requirement in their current Job Classifications. Any such incentive or additional pay, if offered, will be made available to all employees in the same job classification within the same Division/Department, who have identical professional license(s) and/or certification(s) and who are willing to perform additional functions, which are not required in their current Job Classification Any offer of other incentives or additional pay for assignments is not a guarantee that such incentives or additional pay will be continued, and the Union expressly waives its right to consider such incentives and additional pay as "Past Practices." 55 Union City 650 32.4 At the time of ratification of this agree ant the City ill rovide an educational attainment incentive of a one -ti mk-salary adiust ant ger level of degree, to not exceed the maximum of the positions -aay-grade to all bargaining- unit members who have earned and will utilize a degree for 'ob related uroses -p as follows: ae 2e5°!o increase to the base salary for all bar wining unit members who have attained an Associate's level degree or an equivalent a Dunt of credit hours° b. 5.00/a increase to the base salar for all bar aining it ---------------------- Y ---------- &— -an members who have attained a Bachelor's level de rce. C. 5,0°!o increase to the base salary for all bargaining unit members who have attained a Masttf5 level degree. 32.4.1 Proof of Risk manage ant, and an °For ust be co Meted to r°ocess the than e, 32.4.2 It is at the discretion of the City Manager and the Director of Human Resources & Risk counted as a iob-related de rase 56 Union City 651 ARTICLE 33 33.0 EMERGENCY PAY POLICY 33.1 Emergency pay shall hereinafter be paid pursuant to-�' ° �^ .a •;, g 9�y the most current City Emergency Ordinance. 57 Union City 652 ARTICLE 34 34.0 OUT OF CLASS ASSIGNMENT PAY 34.1 Employees shall be required to perform work in a different classification upon notice from their supervisor. The supervisor is responsible for documenting Out of Class Assignments for payroll processing. 34.2 Out of Class Assignment Pay of seven percent 70/ol will be provided to employees who are assigned to work in a position in a higher pay grade for at least eight (8) hours. Any Out of Class Assignment for a duration of more than forty (40) hours will be documented on an eForm. The Out of Class Assign ent shall not exceed (61 onts. If the assign ent continues past the six(61 onth timefra e it must be ap roared by the City Manager or their designee. 34.3 Upon release from an Out of Class Assignment, the &Ve seven percent 5o 7W'/ increase to the employee's hourly rate of pay or the minimum hourly rate of the assigned classification's pay grade will terminate. 34.4 For training purposes, employees are required, upon written notice from their supervisor, to perform work functions that may be included in a Job Classification in a higher pay grade. An employee who is assigned pursuant to this Section is not entitled to Out of Class Pay. 34.5 Out of Class Assign ent Pay and Trainin Assign ent Pay cannot run corycurrentle excet�t if approved by the City Dana er or his f her desi nee, Union City 653 ARTICLE 35 35.0 TRAINING ASSIGNMENT PAY 35.1 On-the-job training is important to help acclimate employees to new or different job responsibilities. Having employees share their knowledge and expertise in integral to building efficient and effective operations while fostering team work and collaboration. 35.2 Employees, upon notice from their supervisors, are required to train other employees. When an employee is assigned to train an employee who is new to his/her position, this will be documented on an eForm. The Training Assign ent shall not €:xceed six (61 onths. If'te assignment continues past thesix 61 month ti efra e it must be at�taroved bbyv the CitCity Manager or their designee. 35.3 Employees who have been assigned to train other employees, pursuant to Section 35.2, will receive a five percent (5%) increase to their hourly rate of pay until the assignment is concluded. 35.4 Upon release from a Training Assignment, the five percent (5%) increase to the employee's hourly rate of pay will terminate. 35.5 Out of Class Assign ent Payr and -Tr ainin Pay cannot run concurrentl exce t if at��aroved by the City Manager orhis/her designee. 59 Union City 654 ARTICLE 36 36.0 VACATION 36.1 Accrual: Employees accrue vacation hours each pay period when they are in an active and paid status of twenty-four (24) or more hours. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service 1 Year 2-3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9 Years 10-15 Years 16-20 Years 21 Years & After Vacation Hours 80 120 128 136 144 152 160 168 176 192 200 36.1.1 An employee 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 Allowable Maximum on September 30th of each year will be forfeited. 36.1.2 An employee who has had documented vacation leave request(s) denied during the fiscal year due to operational requirements and will exceed the Allowable Maximum on September 30th, may request to receive payment for the excess vacation hours (up to the number of vacation hours that were denied). 36.1.2.1 In order to receive the payment in Section 36.1.2 the employee must notify his/her supervisor no later than August 1st of the current fiscal year, so the supervisor can have the denied leave requests and an EAR submitted to Finance no later than September 1st of the current fiscal year. Payment will be made on the last paycheck date of the fiscal year. 36.2 Requests: Vacation may be requested as earned, in fifteen 151 minute increments, subject to the approval of the Department Director (or Designee) who shall approve or deny vacations based on operating requirements of the 60 Union City 655 Department. Approval of vacation leave requests must not be unreasonably withheld. 36.2.1 Requests to use vacation for three (3) consecutive shifts or less must be submitted for approval twenty-four (24) hours in advance. Supervisors must approve or deny the request prior to the end of the work shift on the work day preceding the first requested date. 36.2.2 Requests to use vacation for more than three (3) consecutive shifts must be submitted for approval seventy-two (72) hours in advance. Supervisors must approve or deny the request forty-eight (48) hours prior to the end of the work shift of the first requested date. Advanced vacation requests must be approved or denied within thirty (30) days of the date of the request. 36.3 An employee who is absent without approval shall be docked pay for the time not worked and is subject to disciplinary action. 36.4 Emergency Vacation: During the fiscal year, an employee may be granted the use of up to twenty- four (24) hours of vacation for absences from work when a vacation request cannot be timely made pursuant to Section 36.2.1 or Section 36.2.2. An Employee must notify his/her supervisor of the need for this absence, pursuant to applicable Departmental call-in procedures, with at least thirty (30) minutes prior the start time of his/her shift. If an employee is already at work and the employee is notified of an emergency, (s)he may use Emergency Vacation upon notice to, and approval from, his/her supervisor. Emergency vacation can be requested no more than four (4) times per fiscal year. Time used in this regard may be used in increments of one (1) hour. 36.4.1 Task employees who are required to work on a City -observed holiday are prohibited from using Emergency Vacation on that City -observed holiday. 36.6 Emergency Cash Out: 36.6.1 Employees faced with sudden and extraordinary circumstances of hardship, as defined by IRS regulations governing 401(k) plans, and who have in excess of forty (40) hours of accrued vacation, are eligible to request emergency cash out of vacation. If approved, an employee may convert up to eighty (80) hours of Vacation to cash (less applicable deductions) provided they will have remaining in their Vacation bank after the cash out a minimum of forty (40) hours. Conversions must be done in increments of eight (8) hours. 36.6.2 An employee who does not have enough accrued vacation hours to finance the total amount of his/her emergency cash out request may consider also using accrued sick leave hours. Sick leave hours used for a cash out will be calculated at fifty percent (50%) of the employee's hourly rate. Accrued sick leave hours may only be used if 61 Union City 656 the employee will have remaining in his/her Sick bank after the cash out eighty (80) hours. The total combination of vacation and sick hours may not exceed eighty (80) hours and vacation hours must always be used before sick hours. 36.6.3 A request must be made in witting outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director, and Director of Human Resources and Risk Management will then review the request and approve, deny, or modify the requested hours as they see fit. Employees may utilize this provision once during each fiscal year of this Agreement. Upon request, employees are required to provide a receipt as proof of payment for any estimate provided as documentation of an expense. 36.6.3.1 The committee reserves the right to review and consider requests that are not specifically addressed in the IRS regulations governing 401(k) plans. 62 Union City 657 ARTICLE 37 37.0 SICK LEAVE 37.1 Accrual: Employees shall accrue sick leave at a rate of eight (8) hours per month for a total annualized accrual amount of ninety-six (96) hours. No employee shall be entitled to use sick leave in excess of the amount of accrued and unused hours (s)he has available. 37.2 Notice of Use of Sick Hours: 37.2.1 Unscheduled Sick: An employee shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than thirty (30) minutes before the start of his/her scheduled shift. If an employee fails to call in within the specified time, the employee shall be subject to progressive discipline. This notice procedure shall be followed for each day the employee is unable to report to work unless the employee has been authorized by Human Resources and the City Manager for an extended leave of absence. 37.2.2 Scheduled Sick: An employee 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 of such time will result in the time being recoded to "sick." 37.2.3 As deter fined by the Depart ent Director and Director of Human Resources & Risk Manage ent or their designee employees shall be sul�iect to discirilinary actir�n related to abuse of sick leave privile es. sick leave policy, or excessive absenteeism. 37,2,3,1 De art ent Directors shall review the uarterl use of sick lealeave aptears to be excessive or hick ai�pears to for a pattern indicating crossible abuse shall be placed i ediately on ritten notice. Sick leave usage shall be deter fined using a twelve (12) onth rolling calendar. 3ew of a particular incident or historical zaatterns of leave usage (i.e. r�atterned absenteeism where an emi�loyee is sick the day before or the da ay fter his/her regular da�ff, a holiday, vacation day, or here the e loyee is using sick leave as the hours are accruedl. Records indicating sick leave in excess of ninety -six 961 hours used within the preceding slue (121 calendar onths ill `°red flag'° ane plo ee for review. Sick leave usagr is dr fined as any absence fro orlc for 63 Union City 658 e loyee or fa ily illness or iniury, excluding pr__e e =approved edical aapointments. 37.2.3.3 Emplo ees air appeal the red flag" to the Depart ent Director and the Director of Hu an Resources and Risk Manage ant or designee. 37.3 Documentation Required: For any use of sick time in excess of three (3) consecutive work days, an employee is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. 37.3.1 "Consecutive work days" means any day for which you were scheduled to work, including additional or "overtime" shifts. 37.4 Sick hours may be requested and/or utilized upon approval of the Department Director (or Designee) for the following reasons: A. Employee's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the employee's parent, spouse, or child. B. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. C. Quarantine due to exposure to contagious disease. D. In connection with an employee's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. E. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the employee, or the employee's immediate family member, as defined in (FMLA). 37.5 An employee retains his/her accrued and unused sick hours while employed in a full time position with the City. If an employee's status converts to a part- time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to Section 37.5.3. 37.6 Payout of Sick Leave 37.6.1 Newly hired probationary employees are not eligible for sick leave payout. 37.6.2 Employees who are terminated from the City are not eligible for a payout of sick leave. 37.6.3 Regular employees will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability 64 Union City 659 Union retirement, or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Less than 5 full years 5 years but less than 10 full years More than 10 full years Upon retirement from the City 37.7 Sick Leave Donations: Percentage of Sick Leave Payout 0% 25% 50% 50% 37.7.1 Sick Leave Donations are available pursuant to City policy. City 65 660 ARTICLE 38 38.0 COMPASSIONATE LEAVE 38.1 In the event of the death of an employee's mother, father, child, foster parent, step-parent, foster child, step -child, brother, sister, spouse, registered domestic partner, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive work days. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, the employee shall be entitled to be paid compassionate leave not to exceed five (5) consecutive work days. 38.2 Employees must submit proof of death within thirty (30) days in order to be eligible for paid Compassionate Leave. The City Manager may grant additional Compassionate Leave at his/her sole discretion. 66 Union City 661 ARTICLE 39 39.0 JURY DUTY 39.1 Leave with pay may be authorized for an employee who is required to attend Jury Duty or to whom a subpoena has been issued by a court of law to appear as a witness on a case on behalf of the City, provided the employee provided proper notice as outlined in Section 39.2. 39.2 An employee is required to provide five (5) days of advance notice to his/her supervisor that they have received a Jury Summons. Employees who are required to report to jury duty on a day that they are scheduled to work are not required to report to work on the day on which they reported for jury duty. Employees whose work schedule crosses the day divide (12:00 A.M.) must make arrangements with their supervisors in advance as to which day (s)he will be required to report. 39.3 In order for employee to receive his/her regular pay for such leave the employee must deposit the money which (s)he receives for jury duty or witness fee, with the City's Finance Department for those hours that coincide with his/her regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. 39.4 An employee who is subpoenaed as witness in a case unrelated to City business may request vacation leave in order to receive pay. 67 Union City 662 ARTICLE 40 40.0 UNAUTHORIZED ABSENCE 40.1 A Bargaining Unit member who is absent from work without authorized leave for a period of more than three (3) days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be subject to any appeal, grievance, or arbitration process. 40.2 However, a Bargaining Unit member who is absent from work without authorized leave for a period of more than three (3) days but not more than thirty (30) days, and who, due to a serious medical condition, was physically unable to notify his/her employer or have another person notify his/her employer may request consideration for rehire from the City Manager or designee via written notice to the Director of Human Resources and Risk Management. Under these circumstances, the Director of Human Resources and Risk Management must be provided with sufficient details and circumstances surrounding the absence within thirty-one (31) days of the first date of absence. The City Manager's determination shall be final and not subject to further review, appeal, grievance, or arbitration process. 40.2.1 Nothing within this Section shall prevent the City from filling the vacancy on or after the fourth (4th) day of the employee's absence. The City is under no obligation to return the employee to work. Union City 663 ARTICLE 41 41.0 LEAVES OF ABSENCE 41.1 Family and Medical Leave Act (FMLA): 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 job -protected leave under FMLA for qualified reasons as defined by the 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 FMLA are approved by the Director of Human Resources and Risk Management and the City Manager. Human Resources may designate as FMLA an eligible employee's qualified leave, including lost time due to a Workers' Compensation claim. For more information regarding leave under FMLA, contact the Human Resources and Risk Management Department. 41.2 Americans with Disabilities Act Amendments Act (ADAAA).: An employee may be entitled to leave as an accommodation for his/her disability under the ADAAA. For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management Department. 41.3 Military Leave: The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07. An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/her need for Military Leave. For more information regarding Military Leave, contact the Human Resources and Risk Management Department 41.4 Leave of Absence (Other): An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave may request a Leave of Absence for up to ninety (90) days. A request for a 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 employee's Department Director, will consider an 69 Union City 664 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 City Manager's determination is final and is not subject to further review, appeal, grievance, or arbitration process. Any approved Leave of Absence will require an employee to utilize his/her paid leave time in the 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. An employee will not accrue vacation or sick hours while on 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 of less than twenty-four (24) hours. 41.5 Paid Parental Leave: Ane ployee who has worked for the City for at least twelve (121 months and who has worked at least one thousand two hundred _fifty 1,2501 hours in the preceding twe lve P121 months is eligible to request Paid Parental Leave. The pee shall e granted u to four 41 asks of Paid Parental Leave. Requests for leave under Paid Parental Leave ust be submittedin-mLcifing on the designated form to the Hu an Resources and Risk Mana e ant Depart ante Leaves under Paid Parental Leave are approved by the Director of Human Resources and Risk Manage ant and the City Manager or their designee. For more inform ation re ardin Paid Parental Leave contact the Hu an Resources and Risk Management Det artment. 70 Union City 665 ARTICLE 42 42.0 MODIFIED WORK (LIGHT DUTY) 42.1 Modified Work Assignments (Workers' Compensation): An employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the sole discretion of the Human Resources and Risk Management Department. An employee may choose to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the employee will be required to remain at home 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, an employee who declines an offer of a modified work assignment and who meets the eligibility requirements for leave under FMLA, will have his/her time off automatically designated as FMLA. For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. 42.2 Modified Work Assignments (Other): 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. 71 Union City 666 ARTICLE 43 43.0 WORKERS' COMPENSATION 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. 43.1 Reporting Work -Related Injuries/Illnesses: An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/or the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department can be made 24/7 by calling: (561) 742-6677 or via e-mail to: riskftbbfl.us. An employee who fails to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. 43.2 FMLA in Conjunction with Workers' Compensation: Human Resources may designate as FMLA an eligible employee's lost time due to a Workers' Compensation claim. 72 Union City 667 ARTICLE 44 44.0 SAFETY AND HEALTH The City and the Union agree that a safe and healthy workplace is mutually desirable. The City commits to maintaining a safe and healthy workplace for its employees. 44.1 Immunizations: Employees may request, and the City will provide at an authorized facility at no cost to the employee, immunization shots for tetanus, hepatitis, and diphtheria. 44.2 Safety Committee: The Safety Committee will include one (1) Blue Collar representative a �nra n+ nr �who is designated by the Union. 73 Union City 668 ARTICLE 45 45.0 DRUG FREE WORKPLACE POLICY 45.1 The Union recognizes and supports the City's Drug Free Workplace Policy, as amended from time to time. For information regarding the City's Drug Free Workplace Policy, contact the Human Resources and Risk Management Department. A copy of the City's Drug Free Workplace Policy in effect at the time of ratification is attached in ADDENDUM BBA" 88 74 Union City 669 ARTICLE 46 46.0 UNIFORMS AND ALLOWANCES 46.1 UNIFORMS: 46.1.1 Applicability: Employees are required to adhere to the City's Dress Code while working and/or while representing the City in an official capacity. Some employees, while working, are required to wear uniforms designated by their respective Department Directors. Department/Division uniform allocation information is available below:iwnAD4ENLYUAVT—." Recreation and Parks Do artment (Blue C�ollar f ratification) i. Ocean Lifeguard Uniforms 1. All first-year lifeguards �shall receive �the followi=� fi6T-shirts lany combination of short or Lo nrl & sleeve) 2 hairs of trunks 0 2 female suits ffernales on'--' 0 1 sweat suit 0 1 raincoat * 1 wide brimmed hat * 1winter jacket sunless �Ieash� 2. Each ye�arthe�followlnitei�nswill �bere �Iaced- * fi6T-shirts (any combination of short or Long sleeve) * 2 pairs of trunks 11 songless �Ieash 2 female suijLC'Lfernales onl�d 3. In addition !Q-# �Zabove cv�ertw�oears years returning ocean lifeguarcl shall receive: 0 1 sweat suit 0 1 wide brimmed hat 4.Ever five ea�rsoce�anlife�uards�shallr�eceiv�e. 0 1 raincoat * 1 winter S. Documentation will be kept -outlining - what each lifeguard has received. 75 Union City 670 d. If no Department/Division information is specified for employees who are required to wear uniforms, the following minimum allocation will be issued: Blue Collar: • (5) °` " Shirts (short or long sleeved) • (5) °` " Pants is • (5) Dry -fit Shirts or (5) T -Shirts • (2) Hats • (1) Sweatshirt • (1)jacket • (2) Overalls (Mechanics Only) •_____�� r-,�t,n� r�°;,�t,a�r�s�-tee n �,t 46.1.2 Issuance: Newly hired employees, who are required to wear a uniform, will be issued the appropriate uniforms after thirty (30) days of employment. 46.1.3 Reissuance/Replacement: An employee may request for his/her uniform to be reissued upon providing the non -fitting, worn out, and/or damaged uniform to the Department representative. Reissuance of daily worn uniform items (excluding sweatshirts/jackets) is generally acceptable after one (1) year from date of issue. Reissuance of less frequently worn/more durable uniform items such as sweatshirts and jackets is generally acceptable after two (2) years from date of issue. Uniforms damaged through the course of work may be requested for reissue at any time. The Department representative will verify that the uniform is no longer suitable for wear and will proceed with replacing it. If there is any disagreement between the employee and the Department representative regarding the reissuance of a uniform, the Department Director (or Designee) will make a final determination. a. An employee who has lost or damaged (outside of work) a uniform is required to immediately notify his/her Department Director via his/her Department representative and is responsible for replacing the lost uniform at his/her expense. 46.1.4 Cost: 76 Union City 671 The City provides the required uniform at no charge to the employee; however, the Internal Revenue Service (IRS) considers uniforms provided to employees covered under this Agreement a "taxable benefit." Therefore, the City is required to treat the value of all issued uniforms as "imputed income" and deduct the applicable taxes. Example: If a uniform costs $20.00: $20.00 will be added in a special wages code so that the payroll system can calculate the corresponding tax amount and deduct that amount from the employee's paycheck. 46.1.5 Other Provisions: a. Employees who are issued uniforms must wear them while working. Employees are provided with a sufficient number of uniforms to make a neat and clean appearance at work each day. Employees are expected to report to work in the appropriate, clean, and well-maintained uniform. If an employee wishes to purchase additional uniforms, (s)he may do so, but (s)he is responsible for paying the full cost and all applicable tax. b. An employee, who is not wearing the proper uniform, including the proper safety shoes, if applicable, may be sent home without pay to change and is subject to further disciplinary action. c. Only City issued jackets and hats maybe worn as part of a City uniform. d. Pant legs must be properly hemmed; no cutting, ripping, unfinished edges, rolling up, stapling, or taping is allowed. e. Employees in certain Job Classifications may be permitted to wear shorts at their Department Director's discretion. When worn, shorts must be neatly tailored and hemmed without frayed edges or cuts and must fall within four (4) inches of the kneecap. Any article of clothing issued as part of a City uniform is for use only while working and representing the City in an official capacity. Uniforms may be worn while commuting to and from work. g. Employees are prohibited from purchasing or consuming alcohol while wearing a City -issued uniform. h. Employees are cautioned that they are representing the City while wearing their City uniform. An employee found to be 77 Union City 672 engaging in activity or conduct unbecoming of a City employee while wearing a City uniform, whether the employee was on - duty or off duty at the time, is subject to discipline, including termination of employment. An employee who has a medical condition which prevents the employee from wearing the required uniform must immediately notify the Human Resources and Risk Management Department to request an accommodation. Employees are required to return all City -issued uniforms upon separation of employment. 46.2 ALLOWANCES/VOUCHERS: 46.2.1 Tool Allowance: Employees who work in the following Job Classifications: Fleet Mechanic and Fleet Mechanic, Sr. will receive an annualized allowance of two thousand dollars 2¢000.(}Oj payable in the second paycheck following ratification for Year One and in the second paycheck in October for the subsequent years of this Agreement. Employees who are newly hired into one of these Job Classifications will receive a prorated allowance based on the number of months remaining in the fiscal year. 46.2.2 Shoe Toucher nll,°waR-(-,e a. Eligibility Blue Collar: All employees who are in the Blue Collar bargaining unit, with the exception of the following Job Classifications: Ocean Lifeguard and Ocean Lifeguard Lieutenant are eligible for a Shoe Voucher . b. "11".af.�� - Voucher In Union City 673 Employees who are in eligible positions pursuant to Section 46.2.2.a. will receive a Shoeo apx—e Voucher of ene two hundred -fifty dollars° ."200.00 e n p-,Q,ehe in February of each year of this Agreement. Employees who are newly hired after the Shoe n44, w ee Voucher has been issued pai4 will receive the current year's voucher to be utilized at a local specified vendor. a d-baseP on 46.2.3 Sunglasses Allowance: Employees who work in the following Job Classifications: Ocean Lifeguard and Ocean Lifeguard Lieutenant will receive a Sunglasses Allowance of two hundred fifty dollars � 5 . 250.00 payable by the first paycheck in December each year of this Agreement. GaF-n n 4-uz2. � 79 Union City 674 ARTICLE 47 47.0 TUITION ASSISTANCE PROGRAM The City has a Tuition Assistance Reimbursement Program, which is made available to eligible City employees on a first come first serve basis, and is subject to annual appropriation and funding levels set by the City Commission. Program information is available from the Human Resources and Risk Management Department. Union City 675 ARTICLE 48 48.0 BONUS HOURS AND BONUS INCREASES 48.1 BONUS HOURS 48.1.1 The City has established a safety and wellness program designed to minimize time lost on the job due to workplace injuries and illness and to help reinforce the City's desire to have a safe and wellness - conscious culture. 48.1.2 Employees are eligible to receive up to ei& 04 um 10j bonus vacation hours per quarter by completing approved activities in the safety and wellness program. To access the Wellness Portal, go to: https://BoyntonBeach.FitThumb.com. 48.1.3 Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation. 48.2 BONUS INCREASES 48.2.1 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of up to five hundred dollars ($500.00) when such a bonus is substantiated and justified in writing by the Department Director (or Designee). This bonus will not affect the employee's pay grade and will be in compliance with Florida Statute. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to receive bonuses. This system allows for top performance to be recognized by the immediate supervisor and prompt rewards to be made at the discretion of the supervisor, provided the Department Director concurs. ff Union City 676 ARTICLE 49 49.0 ARTICLES TO BE REOPENED DURING AGREEMENT TERM The following Articles will be reopened during the Agreement Term as follows: 4.9,1 Article 25 - Insurance a, Year One October 12023 - Septe ber 30.20241 This Article wilLbe reopened no later than une 2023 49.2 Article 26 - Pension ae fear One October 1 2023-Septe ber 30, 2024°7 This Article will be opened no later than dune 2023 Union City 677 ARTICLE 50 50.0 DURATION 50.1 This Agreement shall be effective upon ratification by both parties and remain in full force and effect until Anri130, 2026.Septe4e , ._All econo is i act shall run concurrently ith the fiscal year beginning Dctober 1, 2023, ith the exception of the Paid parental Leave which shall be effective on May 1. 2023. Wage and benefit levels existing on May 1, 2023 Septeinqer � , , shall be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor Agreement. Such negotiations for a successor agree ant shall co mance no later than Clctober 2025, 50.2 During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the Union, or, in the event the reopened negotiations do not result in a ratified Agreement, as imposed by the City Commission through the impasse process. Union City 678 r�H va rs ("nrvaac rlis•tril•rHe+nrT °re (i c^tre l-cc-er /�T ra:aayshcer 1 Sf .-sf�®r1-®a>n �- �rss�-s-crYYass-s,rrscsaasLavc,cc'rrr-sir-ccrnc-s�--a m- cr..rrrsc,r�.-crs-z,ccse-a. aa'a'a'a. 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Pbrl,�,m P-Eiaf,.,u—a�'-rri=er"„1 T efn C-Afnae. w ,�,r-erye8. arAff P. �'� PA Cl�•T>T c,�=.d, (T7T C 1 efi�l-,e°,P1 �7-sr��-:r;d,v, T db �,Pl C�t1,P,� TyPb 6tff (1a'T C 1 e(1°il ,-.,�1�P•,,,�• -, wrafcewno-+ ,, fPb-o-g c<teaeb f -i r. vH c• H.,re�tT�e du e. +�;rrn�.--sn ff 38, �n ve _ - e ±* d,&-FeR-ed . T i C 1 e(i� CiP•1> I m b Union City 682 �k?f'�n F<,rr�. �,r s 1;i . 7 e(i "7 CT-ar•-,a-;r�.Y, 1 d, v. r6 (15 -Ln .,� °P%W.�. (l �°F Union City 683 � 17n� _ d" vrarva ir-a4mnrt c� ('no-ro 4��r � a i a—a a. c�,..� i s-'ce' zr0aszaa-c-srrs iii�rrc '"•'+lro a -b„> !"�-,�rrressc _ ;sa t; rf- tiv ear trovd'w, va ra sa5�r� (r�rsn va ra4- t -an ws rrt �a �nra ^'s rc�e; va e°s+;t dre rt -s d n�r,�n,t>gt„�•„ r~�,rt r�.-p,.l ar �, �,�.nt„�.C1 °�i ta,,,,�. �a,;a•� a,P,� „��a �� >,�•,�t�„m ;�,+„ -ar �n,a, �� „r. (�� (,. e n rn; r ra �, r,•r, „�• ®�.� ,,,.; �,, ; r �--�'�---� �-r-e�a�a ° � ��#�---� t n Qn r rs,e> �, c�da �`a oda QaiP -,-„ada;,-,�,n-,t ¢•dm„�• rn> t,r,,,rr �„a gra<. P • G Union City 684 s i e � 17n� _ d" vrarva ir-a4mnrt c� ('no-ro 4��r � a i a—a a. c�,..� i s-'ce' zr0aszaa-c-srrs iii�rrc '"•'+lro a -b„> !"�-,�rrressc _ ;sa t; rf- tiv ear trovd'w, va ra sa5�r� (r�rsn va ra4- t -an ws rrt �a �nra ^'s rc�e; va e°s+;t dre rt -s d n�r,�n,t>gt„�•„ r~�,rt r�.-p,.l ar �, �,�.nt„�.C1 °�i ta,,,,�. �a,;a•� a,P,� „��a �� >,�•,�t�„m ;�,+„ -ar �n,a, �� „r. (�� (,. e n rn; r ra �, r,•r, „�• ®�.� ,,,.; �,, ; r �--�'�---� �-r-e�a�a ° � ��#�---� t n Qn r rs,e> �, c�da �`a oda QaiP -,-„ada;,-,�,n-,t ¢•dm„�• rn> t,r,,,rr �„a gra<. P • G Union City 684 1 D 1 <a � r ^"t �° e •v+; rte¢ ��, a -as -a -saa�a.arcrs...a� .rxra le+9 ae-c+; r+ Union City 685 ADDENDUM eH LH '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 of all 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 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. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. 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 91 Union City 686 4. "Drug test" 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 is covered by the workers 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. "Initial drug test" means a screening procedure of the blood and 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 a drug test 10. "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. 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, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 12. "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. 13. "Reasonable Suspicion Drug Testing" 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 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: 92 Union City 687 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. 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. 14. "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. 15. "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. 16. "Stepping Forward" means that an employee comes forward to the Human Resources and Risk Management Department 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 an 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, or prescription medication in levels exceeding 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 employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. 93 Union City 688 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. It is the responsibility of the City's supervisors to counsel with an employee 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/DRUGS WHILE ON DUTY 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. 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 requirements/ functions 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 employee's job classification description so the physician is aware of the physical requirements of the position. 3. It is the responsibility of an employee who is in a "Mandatory -testing position/Safety-sensitive position" 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 II, III, or IV 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 his/her position 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 medications/drugs (other than those considered a controlled substance on Schedules II, III, 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 determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her available leave time and/or FMLA leave, or unpaid leave if his/her leave time banks are 94 Union City 689 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 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 c) Palm Beach Al-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 95 Union City 690 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 who is "Stepping Forward" or seeking assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not have this action used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary 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 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, at least quarterly, and for at least two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. S. 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 Work Place 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. 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, 96 Union City 691 the Department Director and Director of Human Resources and Risk Management must 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 a 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 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 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 or job 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 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. 97 Union City 692 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. 4. Random Testing: Employees are subject to random drug testing. Random selection for testing is done by an independent third party by a random computer generated list. Employees who are required to maintain a Commercial Driver's License (CDL) are subject to monthly random drug and alcohol testing in compliance with Federal Law. S. Fitness for duty: All employees who are subject to a routine fitness for duty 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 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, #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 a positive, confirmed drug or alcohol test. C. 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 98 Union City 693 job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where 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. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. 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. 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 number of the City's current provider or contact the Human Resources and Risk Management Department. H. Drugs to be Tested Drugs that will be tested are as follows: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13. A metabolite on any substance listed herein. A list of drugs by brand names or common names includes: Union City 694 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 Laam, 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 procedure. 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. 100 Union City 695 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. I. Challenge of Test Results 1. An employee or a job applicant 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. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory 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 be provided to the employee or job applicant. 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 or job applicant contests the drug test results he/she must notify the Medical Review Officer (MRO). If anything in this policy is in conflict with a collective bargaining agreement, the collective bargaining agreement shall control. 101 Union City 696 p x �P dSiiSS4�CY SSCL d. n.rYvv�A. v a v -, ______ � s^'f `r n ve <gr n Phre^vv ,lre^t ra'�-t PSa'F !l &- cv ya lA 6^i- Paw v 7 4R ra 2e^ca n��-'a°a -aYt lr ca 40,4cr�,� 48, 4--Wide4ff�fl+ffled4at 102 Union City 697 103 Union City 698 p e ➢ 103 Union City 698 ADDENDUM "B" CLASSIFICATIONS Buildin Maintenance Mechanic Parks Maintenance Worker I Buildin Maintenance Mechanic Sr. Parks Maintenance Worker 11 Cemetery Sexton Parks Maintenance Worker III Crew Leader Parks Maintenance Worker IV Electrical & Instrumentation Technician I Parks Maintenance Worker V Electrical & Instrumentation Technician 11 Parts Expeditor -Electrician Master jant 0 erator Maintainer Trainee Eguipment Operator 11 Sign & Marketing -Technician Equipment 0 �erator �111 Utilities Field Technician I Utilities Field Technician 11 EqEjamtaLgperator Trainee Utilities Field Technician III Fleet Mechanic - Truck Utilities Locator I Fleet Mechanic - Automotive Utilities Locator 11 �c -Master -Fire Fleet Mechani Utilities Locator III Fleet Mechanic Trainee - Automotive Utilities Field Technician Lead Fleet Mechanic _Trainee -Truck Utilities Maintenance Mechanic - Lift Stations Fleet Mechanic -Sernor- Auto Utilities Maintenance Mec uh-anic Sr. Lift Stations Fleet Mechanic _Senior - Truck Utilities Plant Maintenance Mechanic G ent Mechanic Utilities Plant Maintenance Mechanic Trainee .Mechanic Sr. Trainee - Lift Stations HVAC Mechanic Water Treatment PlantSjatLator I Heavy E Ln ment 0 erator 11 Water Treatment Plant ftj �tor 1�1 Water Treatment Plant Operator III Ocean Lifeguard Lieutenant 104 Union City ------ 699 SIGNATURE PAGE SEIU Blue Collar Unit Agreed to this _ day of May 2023 by and between the respective Parties through the authorized representatives of the Union and the City. SEIU Florida Public Services Union, CTW, CL Confirmed by: Alphonso Mayfield President Union City City of Boynton Beach, Florida Daniel Dugger City Manager Approved as to Form: Michael Cirullo City Attorney Attest: Ty Penserga Mayor Maylee De Jesus City Clerk 105 700 SEW Florida Public Services Union, CTW, CLC (SEIU) Blue Collar Bargaining Unit Collective Bargaining Agreement (05/01/2023 — 04/30/2026) Executive Summary Discussion: Negotiations for the Collective Bargaining Agreement 05/01/2023 — 04/30/2026 The City commenced contract negotiations with SEIU on March 22, 2023. The City discussed what is the common goal for both parties to successfully negotiate and ratify the Collective Bargaining Agreement (CBA) for May 1, 2023 through April 30, 2026. Accomplished: • Four meetings: March 22, 2023, March 29, 2023, April 11, 2023 and April 20, 2023. • All of the fifty (50) articles have been tentatively agreed (TA'd) to by the City and the Union • Economic Impacts: Article Description section Change Number 27 Hours of Work, Overtime and 27.2.2 Holiday time and hours worked will be considered in the Breaks calculation of overtime. 28 Compensatory Time 28.2 At no time may an employee accumulate more than one hundred and twenty (120) hours of compensatory time. 29 Holidays 29.1 Added Juneteenth holiday 30 Wages 30.1 Sixteen percent (16%) percent increase over three (3) years: 30.2 Year One = 8% increase 30.3 Year Two = 5% increase Year Three = 3% increase 31 Standby, Call Back, and Other 31.2.2 There shall only be one (1) call -out premium per twenty-four Assignment Incentive Pay (24) hours. 32 Certifications and Professional 32.4 Educational attainment incentive of a One-time salary Licenses adjustment per level of degree: 2.5% for Associate's Degree or equivalent credit hours 5.0% for Bachelor's Degree 5.0% for Master's Degree 34 Out of Class Assignment Pay 34 Out of Class assignment pay at seven percent (7%) 41 Leaves of Absence 41.5 Paid Parental Leave: An employee who has worked 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. 46 Uniforms & Allowance 46.2.1 Tool Allowance - from $1,000 t0 $2,000 46.2.2b Shoe Voucher - from $150 to $200 46.2.3 Sunglasses Allowance - from $150 to $250 48 Bonus Hours and Bonus Increases 48.1.2 Employees are eligible to receive up to ten (10) bonus vacation hours per quarter. 701 m 1, 4-0 (D U) cEa) 0 0,5 U) 0 LLI :3 0 v (D U) a -j cn 0 0,5 U) LLI :3 0 N to C: ry E 0 0 N C O — +,C: m O cu ( Q N Q U U O L O N co J V 0 -0 U � r a) O C OUc a)O O _X Ov U O C M NCN U C � O 0 N� 0 0 4—C Q N _U O O > N N Q J O N� U J C6 LCV O D) p C6 o Q .0 N � Q U AU co N N C M O_ m a_ c- O Co 0 > N N .- cb 0) C 0D CU fB N O co N > N _U a-- N L N M cs4UQ (B 0 M Q O U O _0 C O C C 0.0 N (�6 U >+ c O N a) J U am- E O >+ C � O ON N CN O m O o a) U�N v � U U 5 2 0 _0C ��Co .... i O O O � � U U U C: N • L Q O N 0 0 0 m L p 0 0 LO p O_ cn O O N N "- -0 L (D U N N N N to 4f} 6- Y N iI) II) Ui L O p) U U U U O U N N O •� •� •� C C (a N c o 0 0 M 00 L[) M C O i N U O N 0 U N L (u N (B O C U L Wa) J O I l a) N p •-EnUL O Q 3:M W O '^ V p U) O M U) <i 4--+ U Cu L— oq 0 ti 0 CD CL oC p (:Y)06 C'? C'?0 LO U) co o o00 E!} COO T �} ' U o �mmM 0 ti cn E E 0 U ry 6.Q Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Resolution No. R23-066- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Mancave for Men Boynton Beach LLC. Requested Action by Commission: Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Mancave for Men Boynton Beach LLC. Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from Mancave for Men Boynton Beach LLC located at 1503 South Federal Hwy., Boynton Beach, FL 33435. Mancave for Men Boynton Beach LLC is a place to relax, be pampered, and to call your own. It's an opportunity to escape from the everyday lifestyle and enjoy the traditions of yesterday, while experiencing the benefits of tomorrow! The applicant will utilize the grant funds to develop a strategy to ensure that their marketing is on -point and targeted to the most relevant audiences. The project will drive awareness and action toward their brand, and will involve utilizing online channels such as social media, search engines, websites, email, and streaming sites for customer targeting and sales. This include developing a marketing/social media plan, print and social media ads, and designing marketing material and content. How will this affect city programs or services? Approval of this application will allow the City's Division of Economic Development to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. 708 Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 22-23 via account 001-2419-559.49-68. Men Boynton Beach LLC will receive $2,500 from those budgeted funds. Attachments: Reso R23-066 Marketing_and_Digital_Small_Business_Grant_Funding_Mancave_- _Reso. pdf Grant Agreement Template - Mancave for Men Boynton Beach LLC.docx Mancave for Men Boynton Beach LLC - Application.pdf 709 1 RESOLUTION NO. R23-066 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,500 FOR MANCAVE FOR MEN BOYNTON BEACH LLC; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant 12 Program was created to provide eligible new and existing small businesses with a 13 reimbursable grant for expenses associated with marketing and/or developing an e- 14 commerce platform; and 15 WHEREAS, Mancave for Men Boynton Beach, located at 1503 South Federal 16 Highway, Boynton Beach, FL 33435 is a place to relax, be pampered, and to call your own 17 as an opportunity to escape from the everyday lifestyle and enjoy the traditions of 18 yesterday, while experiencing the benefits of tomorrow; and 19 WHEREAS, approval of this application will allow the City's Department of 20 Economic Development and Strategy to help local small businesses improve the quality 21 and effectiveness of their marketing to help reach a broader market. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 23 OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption hereof. 27 Section 2. The City Commission approves and authorizes the City Manager to 28 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 29 Program funding in the amount of $2,500 for Mancave for Men Boynton Beach LLC, a copy 30 of which is attached hereto and incorporated herein as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Mancave) - Reso.Docx 710 33 34 35 PASSED AND ADOPTED this 16th day of May, 2023. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor— Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE /_�19�111 Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Mancave) - Reso.Docx 711 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Mancave for Men Boynton Beach LLC, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 712 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. E 713 III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars ($ 2 500 VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 714 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance - 51,000,000; umbrella - 51,000,000; and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. {00306206.2 306-900182 11 C:AProgram Files (X86)ANeevia.Com\DocconverteiproATemp'NVDCAOAEE6562-AC48-430A-8055-5F649474F16C\B.3aiton Beach. 16786.1.Grant Agreement (00306206-2xc41h6a).Docx 715 XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIIL FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach 716 P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE By: By: _ Print: Print: Name: Title: ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney ATTEST: Print Name: Title: (CORPORATE SEAL) 717 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Economic Development Division. 718 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Application packets must include the following documentation: 719 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. 720 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. 721 5/2/23, 11:53 AM Application Evaluation Marketing and Digital Connectivity Small Business Grant Program Program Overview Eligibility Requirements Additional Information Application BUSINESS INFORMATION ........... Boynton Beach Mancave for Men Boynton Beach LLC Business Name* Business Legal Name, if different than above Boynton Beach Street Address Business Address 1503 South Federal Hwy Address Line 2 City State / Province / Region Boynton Beach Fl Postal / Zip Code Country 33435 USA hftps://Ifweb.bbfl.us/Forms/form/approval/b363dle2-cef6-413f-8cba-b686ee7dd522 722 5/2/23, 11:53 AM Business Mailing Street Address Address, if different from physical Address Line 2 City Postal / Zip Code Business Elizabeth Debbie Aiu Owner/Principal Name* Grant Application Randall Aiu / MGR Contact Person/Title Phone Number* 954.650.4438 Email * arandy723@aol.com Website Own or Rent 0 Own Rent Commercial Property? * Number of 10 Employees* Application Evaluation State / Province / Region Country USA Type of Business* Men's Grooming Services Description of Your OWN. AN OPPORTUNITY TO ESCAPE FROM THE Business* EVERYDAY LIFESTYLE AND ENJOY THE TRADITIONS OF YESTERDAY, WHILE EXPERIENCING THE BENEFITS OF https://lfweb.bbfl.us/Forms/form/approvallb363dl e2-cef6-413f-8cba-b686ee7dd522 723 512/23, 11:53 AM PROJECT DESCRIPTION Application Evaluation Marketing/E- Please select all the eligible uses you are seeking grant reimbursement for Commerce Eligible E2 Development of a marketing/social media plan Uses t2 Design of marketing materials and content ❑ Website design t2 Web promotions (e.g. Facebook ads) rJ Print and TV advertisements f,g Social media development and assistance 12 Marketing consultants ❑ Brand and logo design ❑ E-commerce software and development ❑ Equipment to support marketing efforts ❑ Other Project Description* Provide a detailed description of your marketing/e-commerce project. Our strategy comprises all the steps we must follow to ensure that our marketing is on -point and targeted to the most relevant audiences. The 511 project will drive awareness and action toward our brand. And will involve utilizing online channels such as social media, search engines, websites, email, and streaming sites for customer targeting and sales. The process Project Impact* Provide a detailed description of how this project will impact your business It ensures that we grab new customers and keep the existing ones happy and engaged. Project's Total Cost* $ 6,000.00 Grant Amount Maximum amount is $2,500 Requested* 2500.00 Estimated What is the estimated project completion date? Completion Date* 6/1/2023 , M ADDITIONAL INFORMATION .... ................ ......................... ............ ............. Other Programs;* Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? 0 Yes * No hftps://Ifweb.bbfl.us/FormsKorm/approval/b363dle2-cef6-413f-8cba-b686ee7dd522 .724 5/2/23, 11:53 AM Application Evaluation Required Documents W-9 Form* For a copy of a blank W-9 Form click this link. Upload Deb W-9 Boynton Beach Grant.pdf 264.45KB Click here to download a blank W-9 Form. Business Tax Copy of City of Boynton Beach Business Tax Receipt Reciept* U I p 11 lo a d —, Mancave BTR.pdf 1.78MB X Project Budget* Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. Upload .. ......... Grant info.docx 12.06KB X Vendor Quote(s) Vendor quote(s) for eligible uses [-Ui " , Grant info.docx 12.06KB X Grant Agreement* Please sign the attached Grant Agreement Up I o a d Grant Agreernent.pdf 303.09KB Click here for a copy of the Grant Agreement. Signature i Application Date* A/3/2023 .... ........ P re vi o Comments hftps://Ifweb.bbfl.us/Forms/form/approval/b363dle2-cef6-413f-8cba-b686ee7dd522 BE 725 5/2/23,11:53 AM Application Evaluation Complete Ineligible Missing Documents https://Ifweb.bbfl.us/Forms/form/approval/b363d 1 e2-cef6-413f-8cba-b686ee7dd522 726 727 NO Consent Agenda 05/16/2023 Drive Safe Boynton Requested Action by Commission: Approve six (6) Drive Safe Boynton installations with Atlantic Southern Paving in the amount of $80,153.30, in accordance with the Asphalt and Sidewalk Rehabilitation Contract Bid No. PWE22-008, awarded by Commission on April 5, 2022, to provide permanent speed humps and pavement markings. Explanation of Request: In June 2021, the Drive Safe Boynton program was created as a way to allow residents and City Staff to work together to find suitable traffic calming measures for individual streets. Staff has evaluated several applications and recommends permanent speed humps and pavement markings to be installed on six (6) neighborhood streets (see attached location map). The City received two (2) proposals, in accordance with PWE22-08, for the installation of traffic calming: $80,153.30 - Atlantic Southern $89,981.32 - All County The respective bids are attached. How will this affect city programs or services? With the installation of traffic calming, Staff should receive fewer complaints from residents about cut through traffic. Fiscal Impact: The proposed item is funded from the CIP. Attachments: Location Map Atlantic Southern Proposal All County Proposal 728 Scope of work: 1) For Perm Speed Humps - Installation of 4" Speed Humps at shown locations. See Page 16 for details of speed humps + signage 2) For Pavement Striping - See Page 17 -Drivesafe Boynton - 16 Perm Speed Humps - (6 project sites) - 1 Pavement Striping project 1 17291 Permanent Speed Humps Proposal City Of Boynton Beach Moisey Abdurakhmanov Project: Drive Safe Boynton Various Locations Boynton Beach, FL 33435 ATILANTnl T E i`Y,54a/II!",'3 APJy, S''"c0A[CtiiAUUNG Rich Atzert Account Manager Page 1 730 Your Pavement Contractor Company Info ATLANTICSOUTHERN PAVING AND S F Al C fldp'Y`fNG Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 P:954-581-5805 F: 954-581-0465 http://www.atlanticsouthernpaving.com About Us Contact Person Rich Atzert Account Manager Rich@atlanticsouthernpaving.com Cell: 954-299-6114 Office 954-581-5805 We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified Contractor Page 2 731 Proposal: Drive Safe Boynton MOT 1. Item 20 - Flagmen 240 hours @ $26.25 per hour $6,300.00 2. Item 3 - Type I barricades 30 @ $2.00 each $60.00 Total Price: $6,360.00 Speed Humps 1. Item 97 - speed humps 16 @ $4,000.00 each $64,000.00 2. Item 108 - 12" white 416 LF @ $0 per LF Cost for this item is included under item 97 3. Item 123 - single post and sign 32 @ $0 each Cost for this item is included under item 97 4. Item 124 - single post and two signs 12 @ $0 each Cost for this item is included under item 97 5. Item 129 - traffic paint 416 LF @ $0 per LF Cost for this item is included under item 97 Total Price: $64,000.00 ATL.ANTICSOUTHERN IIAVNdN ANI1) 5 h»hr 0 A INGii Page 3 732 Proposal: Drive Safe Boynton Striping and Signs (Site 7) 1. Item 111 - 24" white 190 LF @ $10.00 per LF $1,900.00 2. Item 109 - 18" white 70 LF @ $9.20 per LF $644.00 3. Item 108 - 12" white 260 LF @ $6.10 per LF $1,586.00 4. Item 102 - 6" yellow 400 LF @ $1.80 per LF $720.00 5. Item 103 - 6" white 400 LF @ $1.80 per LF $720.00 6. Item 121 - Y/Y RPMs 10 @ $15.00 each $150.00 7. Item 122 - W/R RPMs 16 @ $15.00 each $240.00 8. Item 123 - single post and sign 4 @ $370.00 each $1,480.00 9. Item 124 - single post and two signs 2 @ $495.00 each $990.00 Total Price: $8,430.00 Asphalt and DTS (Site 7) 1. Item 147 - ADA mats 2 @ $250.00 each $500.00 2. Item 23 - remove unsuitable material 12.4 CY @ $30.00 per CY $372.00 3. Item 24 - import fill 9.3 CY $30.00 per CY $279.00 4. Item 93 - remove and replace 1.5" asphalt 2.8 SY @ $36.00 per SY $100.80 5. Item 27 - bahia sod 22.3 SY @ $5.00 per SY $111.50 Total Price: $1,363.30 ATL.ANTICSOUTHERN Page 4 733 Price Breakdown: Drive Safe Boynton Please find the following breakdown of all services we have provided in this proposal. This proposal originated on April 27, 2023. ATI.AIUTICSOUTHERN Item Description Cost 1. MOT $6,360.00 2. Speed Humps $64,000.00 3. Striping and Signs (Site 7) $8,430.00 4. Asphalt and DTS (Site 7) $1,363.30 Total: $80,153.30 Authorization to Proceed & Contract The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed, this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. The parties also acknowledge that the time for performance of the work may be impacted by market conditions beyond contractor's control in which event the contract time shall be extended. Please see all attachments for special conditions that may pertain to aspects of this project. This price of this contract is based upon completion of the work within thirty days from the date hereof, thus the price is good for a period of up to 30 days from the date listed herein. If the work is not completed within thirty days, and the contractor experiences price increases for materials in excess of those upon which the price of this contract were based as of the date hereof, the contract price shall be increased by the amount of the documented price increase. Page 5 734 Proposal: Drive Safe Boynton Acceptance We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date Moisey Abdurakhmanov I Engineer II City Of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 abdurakhmanovm@bbfl.us C:561-742-6266 0:561-742-6266 ATL.ANTICSOUTHERN IIAVNdN ANI1) 5 h»hr 0 A INGii ......_. Rich Atzert I Account Manager Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 E: Rich@atlanticsouthernpaving.com C: 954-299-6114 P:954-581-5805 F: 954-581-0465 http://www.atlanticsouthernpaving.com Page 6 735 Drive Safe Boynton Misc Streets Boynton Beach,FL 33435 Apr 12, 2023 PROPOSAL NUMBER: 2023-82644 ADVANCED MOT: 1. Set up advanced MOT to include lane closures, flagman, and signage DAMAGED ASPHALT REPAIR: (1) Location 1. Sawcut and/or Mill where required and clean areas to be patched and asphalt removal for sod area. 2. Tack areas with DOT approved primer tack. 3. Install hot plant mixed asphalt, Type S -III 4. Roll and compact areas with a steeldrum roller. 5. Haul away any job related debris. 6. Install Sod. "This proposal includes up to 1.5 inch thick asphalt. INSTALLATION OF RETROFITTED TRUNCATED DOME MATS: 1. Remove existing piece of concrete. 2. Clean and prep existing area where the mats are to be installed. 3. Prepare area for the new mats. 4. Apply an approved epoxy to the concrete surface. 5. Supply and install 2 yellow truncated dome mats. 6. Haul away any related debris. INSTALL NEW SIGNAGE AND/OR POSTS: 1. Install New Signage including removal as described on plans. 2. Haul away any related debris. CUSTOM SPEED HUMPS: (16) 1. Clean and Prep areas where speed humps are to be installed. 2. Tack area with a DOT approved primer tack. 3. Install speed humps 12' wide + or -, by 4" high + or -, by the length of the roadway using hot plant mixed asphalt, type S -III. 4. Roll and compact the newly installed speed humps. 5. Temp paint new speed humps using DOT approved white latex traffic paint. 6. Haul away any related debris. THERMOPLASTIC PAVEMENT MARKINGS 1. Clear away loose dirt and debris. 2. Pour thermoplastic road marking materials to include: pavement markings as described on plans. 3. Thermoplastic will be applied at a rate of 90 wet mils. 4. Glass beads will be incorporated in the material for retro -reflectivity. 736 ITEM MCD. DES RIPild�hl UNIT E57. 11 UNIT P'RIC E UNIT' P'RIC:E. 5 Type II Barricade per FDOT Standard Index No 102-600 — Provide for project duration up ttor 14 days EA 800 $ 5.00 4.000 00 7 Type III B-arricade per FDOT Standard Index No 102-600 — Provide ttor project duration up tto, 14 days EA 64 $ 8.00 $ 51200 120 MOT Certified Flagman (per person) HR 60 $ 48.00 $ 3,840.00 23 Remove and Dispose o1 unsuitable material CY :518 $ 75.00 $ 4,350.00 124 Import Suitable Fill Material - In Place CY 16 $ 30.00 $ 540.00 28 Sod, Flcorllam SY 100 $ 5.95 $ 595.00 i49 B"l_imerock Base (men lbr o1 10% including prime, coal SY 25 $ 26.00 $ 650.00 68 1 V2" Type S -III Asphaltic Concrete (1 l_i1tt) place by paving machine, including lack matterial &. compaction (0 ton to 10 - ton a signmentts) TON 5 $ 250.00 $ 125000 97 Speed Hump (CBB std Det P-26) EA 16 $ 2500_00 $ 40 000.00 1162 Thermo Plastic (Yellow Solid 6'"), LF 400 $ 1.80 $ 720.00 103 Thermo Plastic (White Solid 6") FF 300 $ 1.80 $ 540.00 103 Thermo, Plastic (White Solid 12'") ILF Sao $ 4.56 $ 3.648.00 log Thermo Plastic (White Solid 18"") LF 100 $ 6.48 $ 648.00 1111, Thermo Plastic (White Solid 24") LF 236 $ 9.12 $ 2.152.32 1,123 Single Post Sign (up to, 36" x 3,6") EA 62 $ 342.00 $ 21,204.00 124 Single Post, two signs (dap, to, 36""' x 36") EA 4 $ 558.00 $ 223200 1129 Traffic Paint (all widths, all colors) SF 10, $ 1.80 $ 1.800.00 147 ADA Detectable earnings EA 2 $ 450.00 $ 900.00 151 cancrette Pemoval ISF 150 $ 8.00 $ 400.00 .I $ 89,981.32 737 We propose to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $ 89,981.32 this price excludes any options. All Prices quoted are are subject to change based on market conditions. This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday -Friday, excluding holidays. Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. We agree to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below. As Per Terms & Conditions of Purchase Order All County Paving: City of Boynton Beach Public Works Signature of Approval by Customer Josh Marfleet Paving Advisor Printed Name Printed Name &Title/Position Apr 12, 2023 Date Date Please select if billing information differs from above. 738 CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area, and if it is dependent upon, or in conjunction with the work of others, such work shall be performed and completed prior to arrival, so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am, unless otherwise agreed, to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is responsible for towing services and any created delays. If any cars are left on the area of work, All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons violating the work area, tracking of materials or paint, or any damages to cars, personal injury or persons trespassing in the designated work areas. 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project. The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. S. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area. Dumpsters not moved, will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Cracks in the existing asphalt will reflect through the new asphalt in time. 3. There will be a tire 'tracking' -this cannot be avoided, but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired later, All County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to included items only, anything not specifically included is excluded from the contract. Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders, and will become an extra charge over and above the contract. 2. The proposal or contract provided, including all stated terms and conditions, shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades. As such All County Paving makes no claim that existing or ADA upgrades will meet any/all local,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits, All County Paving will coordinate the process and charge the Actual Permit & Procurement Fee of $550.00 per permit, plus actual cost of permit(s). Any additional work required by the permit(s) will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property, the (ClienUOwner) agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. 7. All accounts past due will incur a finance charge of 18% per annum. 8. All County Paving reserves the right to withdraw the contract at any time prior to the commencement of work should material price fluctuations rise significantly. 9. This proposal is based on the price of the liquid asphalt index as per FDOT If there is an increase from the date of this proposal additional costs will be incurred. 10. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 11. Any additional mobilizations for Paving will he billed at a rate of $6,500.00 each. 12. Any additional mobilizations for Sealcoating will be billed at a rate of $2,000.00 each. 13. Delays to All County Paving of a Maintenance Crew will be invoiced at a rate of $200.00 per half hour and delays to All County Paving of a Paving /Milling Crew will be invoiced at a rate of $350.00 per half hour. 14. Any broken car stops will be replaced at an additional cost of $69.00 each. 15. There will be a charge of $47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 16. Due to the fluctuations in the petroleum markets, All County Paving will impose a fuel surcharge. 17. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. 18. A certificate of Insurance will be issued upon request prior to commencement of work. 19. All County Paving will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islandsAandscaped areas. 20. All County Paving will not be responsible for unforeseen conditions that arise;they may result in additional costs to the customer. 21. All County guarantees its' sealer products against peeling or flaking of stable asphalt for a period of (1) year, excluding normal wear and tear. 22. Newly seal coated areas will be barricaded for 24-48 hours after project completion. It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do so will void any warranty. 23. All work is to be completed in a workmanlike manner according to standard practices. Our workers are covered by Worker's Compensation Insurance. 24. No warranties will be honored unless payment is made in full. All County Paving will provide a one (1) warranty , starting on the last day of substantial completion, on materials and workmanship. Normal wear and tear is not covered by this warranty. Customer Initials 739 6.S Consent Agenda 05/16/2023 Purchases for over $10,000 for April 2023. Requested Action by Commission: Accept written report to the Commission for purchases over $10,000 for the month of April 2023. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for April 2023: Purchase Order # Vendor Amount 231187 EXPRESS RADIO INC $ 37,551.60 231190 CIVIC RESEARCH INSTITUTE $ 27,217.65 231192ATLANTIC SOUTHERN PAVING AND SEALCOATING $ 53,273.75 231193 DUVAL FORD $ 44,629.38 231194 MARTIN FENCE CO. $ 84,857.00 231201 ALAN JAY CHEVROLET $ 43,585.00 231236 VTECHIO $ 43,660.31 231237 SHI $ 10,400.40 231238 SHI $ 11,004.00 231240 231246 ��RYPER WATER ANALYTICS, LLC RPM GENERAL CONTRACTORS, INC. $ 23,430.00 $ 29,750.00 231262 231267 RPM GENERAL CONTRACTORS, INC. READING TRUCK EQUIPMENT $ 86,851.00 $ 16,480.00 231273 WABASH VALLEY MFG., INC. $ 17,377.00 740 231276 JOHNSON-DAVIS INC. $ 31,210.00 231277 RPM GENERAL CONTRACTORS, INC. $ 147,070.00 231278 MADSEN/BARR CORPORATION $ 24,101.25 231283 EMPIRE OFFICE, INC. $ 24,534.36 231284 HECTOR TURF $ 29,351.64 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2- 56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Attachments: Purchases over $10,000 April 2023.pdf 741 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR APRIL 2023 1. Vendor: EXPRESS RADIO INC Purchase Amount: $ 37,551.60 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 4/5/2023 Brief Description of Purchase: PURCHASE REPLACEMENT REPEATERS FOR LIFT STATIONS 918, 309, 405, 814. Source for Purchase: PIGGYBACK SOURCEWELL CONTRACT Fund Source: 401-2816-536.52-75 NUMBER 042021 -MOT 2. Vendor: CIVIC RESEARCH INSTITUTE Purchase Amount: $ 27,217.65 Requesting Department: ITS Contact Person: FRED HARRIS Date: 4/6/2023 Brief Description of Purchase: FIRST YEAR PURCHASE TO REPLACE CITY'S WEBSITE PROVIDER'S PLATFORM. REPLACING CURRENT PLATFORM THAT IS BEING DECOMMISSIONED. Source for Purchase: PIGGYBACK GSA CONTRACT # GS -35F -0124U Fund Source: 001-1510-513.46-91 3. Vendor: ATLANTIC SOUTHERN PAVING AND SEAL Purchase Amount: $ 53,273.75 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 4/6/2023 Brief Description of Purchase: JAYCEE PARK DOG RUN ADDITIONS. Source for Purchase: COBB # - PWE22-008 Fund Source: 141-2730-572.63-21 PROJECT # 2342 4. Vendor: DUVAL FORD Purchase Amount: $ 44,629.38 Requesting Department: PUBLIC WORKS Contact Person: ADRIANNA GRECO-ARENCIBIA Date: 4/6/2023 Brief Description of Purchase: PURCHASE 2023 POLICE F150 RESPONDER TO REPLACE VEHICLE #3620 Source for Purchase: PIGGYBACK FSA CONTACT # FSA22-VEH2O.0 Fund Source: 501-2516-519.64-33 5. Vendor: MARTIN FENCE CO. Purchase Amount: $ 84,857.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: 4/6/2023 Brief Description of Purchase: JAYCEE PARK FENCE Source for Purchase: COBB # 001251120 Fund Source: 141-2730-572.63-21 PROJECT # RP2342 6. Vendor: ALAN JAY CHEVROLET Purchase Amount: $ 43,585.00 Requesting Department: PUBLIC WORKS Contact Person: ADRIANNA GRECO-ARENCIBIA Date: 4/6/2023 Brief Description of Purchase: PURCHASE 2023 CHEVY SILVERADO 1500 TO REPLACE VEHICLE #507 FOR RECREATION. Source for Purchase: PIGGYBACK CITY OF TALLAHASSEE Fund Source: 501-2516-519.64-33 CONTRACT # 5179 7. Vendor: VTECHIO Purchase Amount: $ 43,660.31 Requesting Department: POLICE Contact Person: KARL MARACOTTA Date: 04//17/2023 Brief Description of Purchase: GRANT PURCHASED LAPTOPS FOR POLICE DEPARTMENT. Source for Purchase: JAG GRANT PIGGYBACK STATE OF FLORIDA Fund Source: 105-3459-521.64-15 CONTRACT #4321150-WSCA-15-ACS 8. Vendor: SHI Purchase Amount: $ 10,400.40 Requesting Department: POLICE Contact Person: KARL MARACOTA Date: 4/17/2023 Brief Description of Purchase: RENEWAL FOR THE TWO FACOTR AUTHENTIFICATION SYSTEM USED BY POLICE EMPLOYEES TO CONNECT TO THE CITY NETWORK REMOTELY. Source for Purchase: PIGGYBACK SOURCEWELL CONTRACT # 081419 Fund Source: 001-2112-521.46-91 74 9. Vendor: SHI Purchase Amount: $ 11,004.00 Requesting Department: POLICE Contact Person: KARL MARACOTTA Date: 4/17/2023 Brief Description of Purchase: RENEW THE MAINTENANCE FOR THE ANTI VIRUS SOFTWARE USED BY ALL POLICE DEPT EMPLOYEES Source for Purchase: PIGGYBACK STATE OF FL NASPO CONTRACT Fund Source: 001-2112-521.46-91 #43230000 -23 -NAS PO -ACS 10. Vendor: RYPER WATER ANALYTICS, LLC Purchase Amount: $ 23,430.00 Requesting Department: UTILITIES Contact Person: POONAM KALKAT Date: 4/17/2023 Brief Description of Purchase: CONSULTING SERVICES FOR WATER, WASTEWATER & STORMWATER SYSTEM, REVENUE SUFFICIENCY AN Source for Purchase: THREE QUOTES Fund Source: 401-2821-536.31-90 11. Vendor: RPM GENERAL CONTRACTORS, INC. Purchase Amount: $ 29,750.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 4/19/2023 Brief Description of Purchase: REMOVE EXISTING WINDOWS/FRAME, LOUVER/FRAME AND COMPONENTS IN THEIR ENTIRETY AND PREPARE TO RECEIVE NEW HURRICANE IMPACT ALUMINUM LOUVERS WITH BIRD SCREEN. Source for Purchase: MINOR CONSTRUCTION -TASK ORDER # U-08-2023 Fund Source: 43-5000-533.65-02 CONTRACT # 028-2511-20 PROJECT # WT2312 12. Vendor: RPM GENERAL CONTRACTORS, INC. Purchase Amount: $ 86,851.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: 4/25/2023 Brief Description of Purchase: MINOR CONSTRUCTION -CULTURAL & ARTS CENTER FIRST FLOOR OFFICE SPACE. Source for Purchase: MINOR CONSTRUCTION Fund Source: 303-4101-572.62-01 CONTRACT # 028-2511-20 PROJECT # RP2343 13. Vendor: READING TRUCK EQUIPMENT Purchase Amount: $ 16,480.00 Requesting Department: FLEET Contact Person: ADRIANNA GRECO-ARENCIBIA Date: 4/25/2023 Brief Description of Purchase: ACCIDENT REPAIR FOR 2017 FORD F-350 - VEHICLE # 5015. Source for Purchase: CLAIM # -23902094 Fund Source: 522-1710-519.49-22 14. Vendor: WABASH VALLEY MFG., INC. Purchase Amount: $ 17,377.00 Requesting Department: PUBLIC WORKS Contact Person: WESLEY NORWOOD Date: 4/28/2023 Brief Description of Purchase: FURNISHINGS FOR CITY HALL AND ALONG OCEAN AVENUE. ORIGINALLY ISSUED IN 2021 AND CANCELLED. FURNISHINGS RECEIVED IN 2023 Source for Purchase: CONFIRMING Fund Source: 303-4199-580.63-05 15. Vendor: JOHNSON-DAVIS INC. Purchase Amount: $ 31,210.00 Requesting Department: UTILITIES Contact Person: THORLEY JOHNSON Date: 4/28/2023 Brief Description of Purchase: 41 BRENTWOOD DRIVE SANITARY SEWER REPAIR. Source for Purchase: COBB # - 019282119 Fund Source: 401-2815-536.46-42 16. Vendor: RPM GENERAL CONTRACTORS, INC. Purchase Amount: $ 147,070.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: 4/28/2023 Brief Description of Purchase: MINOR CONSTRUCTION - FIRE STATION #5 EOC KITCHEN/DINING ROOM IMPROVEMENTS. Source for Purchase: MINOR CONSTRUCTION Fund Source: 303-4129-522.62-01 CONTRACT # 028-2511-20 PROJECT # FA2304 743 Page 2 17. Vendor: MADSEN/BARR CORPORATION Purchase Amount: $ 24,101.25 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 4/28/2023 Brief Description of Purchase: REMOVAL AND REPLACEMENT OF VALVES AT MASTER LIFT STATION # 319 Source for Purchase: COBB # - 019282119 Fund Source: 401-2816-536.46-51 18. Vendor: EMPIRE OFFICE, INC. Purchase Amount: $ 24,534.36 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 4/28/2023 Brief Description of Purchase: PURCHASE AND INSTALL TABLES AND CHAIRS FOR UTILITIES (LUNCHROOM). Source for Purchase: PIGGYBACK STATE OF FL #- 56120000 -19 -ACS Fund Source: 403-5000-533.65-02 19. Vendor: HECTOR TURF Purchase Amount: $ 29,351.64 Requesting Department: FLEET Contact Person: ADRIANNA GRECO-ARENCIBIA Date: 4/28/2023 Brief Description of Purchase: PURCHASE OF TORO WORKMAN H -D WITH CANOPY. Source for Purchase: PIGGYBACK SOURCEWELL CONTRACT # 03112 Fund Source: 501-2516-519.64-33 20. Vendor: #REF! Purchase Amount: #REF! Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 21. Vendor: #REF! Purchase Amount: #REF! Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 744 Page 3 6.T Consent Agenda 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Commission Meeting Minutes. Requested Action by Commission: Approve minutes from the April 18, 2023 City Commission Meeting. Explanation of Request: The City Commission met on April 18, 2023 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 04-18-2023 City Commission Minutes.pdf 745 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, April 18, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:01 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church. Invocation was given by Pastor Brannon. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga requested to move Item 3H and Item 3F before Item 3A. He noted that he will make additional announcements after Item 3E. He requested to add one item under Future Agenda, regarding a downtown parking master plan. Consensus was reached to add the topic to Future Agenda. Commissioner Kelley requested to move Item 12B up before Item 5A. Vice Mayor Turkin and Mayor Penserga concurred. Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. eL 1 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz disclosed that she spoke to Bonnie Miskel. Vice Mayor Turkin disclosed that he received many emails from Marina Village, regarding Items 8A and 8B, and he also spoke to residents. He congratulated Boynton Beach PAL for their championship win. City Manager Dugger stated that they were able to send the kids to Brooklyn, NY and they won the whole tournament. He said that they will be recognized at the first City Commission meeting in May. Commissioner Hay disclosed that he spoke to Bonnie Miskel and residents about the project (Items 8A and 8B). Commissioner Kelley disclosed that she received emails from residents regarding Items 8A and 8B. Mayor Penserga disclosed that he received emails from residents and spoke to Bonnie Miskel. He recognized the Officers of the Year who received awards at the Chamber luncheon. He also recognized the Utilities Department for helping the City of Fort Lauderdale with the flooding issues that they experienced. He spoke about Kaleem Esteem and RJ Ramirez for the work that they do for the City. 3. Announcements, Community and Special Events And Presentations 3H. Presentation of the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2022. Ms. Mara Fredrickson, Director of Finance Services, introduced auditors from Marcum Accountant & Advisors. Mr. Moe Ariza highlighted the Financial Report. He spoke about the following: independent auditor's report; government auditing opinion is clean; management discussion analysis; financial highlights; federal single audit; ARPA fund was selected for testing to make sure it is being used properly and has been accepted with a passing grade; communication letter with accounting changes; GFOA deadline being March 31 instead of July; and questions. Commissioner Kelley thanked the Finance Department for their work. Commissioner Hay thanked the Finance Dept for a clean audit. 4 747 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Vice Mayor Turkin and Commissioner Cruz also thanked the Finance Department. 3F. Legislative update and overview of Senate Bill 102 by the City's lobbyist, Mathew Forrest, virtually. Mr. Matt Forrest joined online and stated that this is day 43 of the 60 -day Legislative Session, and this will wrap up on May 5t". He stated that a lot of priority bills have been expedited and signed already. He spoke about the 25 bills that passed and were signed by the Governor already, including House Bill 1, House Bill 45, and Senate Bill 102. He said that the appropriation is going very well for the City, and he spoke about funding for the City, Fire Rescue, and Harbor Marina Seawall. He gave an update on Senate Bill 102 as follows: history of the Senate Bill; $252 million for the SHIP Program and $259 million for SAIL Program; $1.5 billion in doc stamps over 10 years for new rental units; $100 million in Florida Hometown Heroes Program; creates new property tax incentives; allows municipalities property tax exemptions for very low income; and preemptions in the bill - local governments zoning requirement changes passed and is effective July 1, 2023. Commissioner Cruz stated that we should have a discussion with our Attorney about the zoning requirements and suggested that we include this in the housing workshop that staff is working on. City Attorney Cirullo stated that he is working on a memo and acknowledged that there are a lot of qualifications. He said that they will provide the CRA Attorney with the memo so that it can take effect there as well. Vice Mayor thanked Mr. Forrest for what he does and for the update. Commissioner Kelley thanked Mr. Forrest for the summary and said that she is looking forward to getting the memo from staff and working with them on this. Mayor Penserga thanked Mr. Forrest and said that he cares about the details of how this will be implemented. He said that it has good intentions, but it takes away rights from local authority. A. Announce the 2023 Earth Day Celebration on April 22nd from 10:00 AM to 1:00 PM at Centennial Park located at 120 E. Ocean Avenue. Mayor Penserga announced this event. B. Announce the Senior Health Fair on Tuesday, April 25th, from 9:00 A.M. to 11:00 A.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. Mayor Penserga announced this event. 748 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 C. Announce Mother's Day Luncheon on Saturday April 29th at 11:00 AM at Intracoastal Park Clubhouse located at 2240 N. Federal Highway. Mayor Penserga announced this event. D. Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the 2023 Hurricane Season. Mayor Penserga announced this event. Mayor Penserga added an announcement about the fishing tournament and chili cookoff to be held on April 22 at Harvey Oyer Park from 12:00 PM — 7:00 PM. He said that the next City Hall Social is April 27 at 5:30 PM. He added that this is a free City Hall event and is sponsored by iTHINK Financial. E. Mayor Penserga to propose the Workforce Readiness Program in partnership with Palm Beach State College. Mayor Penserga announced the event. He said that this is a pilot program with Palm Beach State College (PBSC) to fill the education and skills gap of those that are unemployed, underemployed, or seeking a career change. He explained that the idea is to take train individuals to meet the City's specific employment needs. He mentioned how people can sign up for the program. He said that PBSC will be available at the next City Hall Social to provide additional details and information. He commented that they hope to begin the first cohort this summer. F. Legislative update and overview of Senate Bill 102 by the City's lobbyist, Mathew Forrest. The item was previously heard. G. Presentation update on the Red Light Camera Program requested by the City Commission. Chief Joseph DeGiulio gave a presentation on the Red Light Camera Program as follows: Red Light Camera Program background; current RLC locations; current RLC locations (continued); traffic volume; RLC intersection crash data; data overview; data overview charts; crashes at RLC intersections; recidivism percentage rate of violators; what is the violation process; and what are the RLC funds used for. Commissioner Kelley stated that she had a constituent reach out to her and explained how she got a ticket and said that the was timing was off with the red light camera and the resident called in the complaint and the timing was adjusted. She commented that it is nice 4 749 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 to hear about these programs. Commissioner Hay stated that he is happy to hear that the cameras are changing habits, because he is guilty of this. He asked about the amount of income generated. Chief DeGiulio said that he can get that information for the Commission. Commissioner Hay asked about the intersection on Congress Avenue and Boynton Beach Boulevard is one of the worst and asked how we can improve it. Chief DeGiulio said that he thinks it is due to the blinking yellow light and said that they deploy their resources to try to help the situation. Commissioner Hay asked about the license plate readers, and how they have helped to solve crime, and asked why we are the only ones that have the red-light cameras, out of 39 municipalities. Chief DeGiulio spoke about the ordinances that were passed in 2016 and being a problem with the State and said that ours was okay. Commissioner Hay said that one life saved is worth keeping this program. He asked for clarification on some instances where you would not be issued a ticket. Chief DeGiulio explained the process and how someone would not receive a ticket. Vice Mayor Turkin said that we are the only City in the County that has this, and that he thinks there are other ways to generate revenue for this. He asked how people can be helped if they can't afford a ticket, which is $158. Chief DeGiulio mentioned that there are payment plans, or you can see the Magistrate to work out other arrangements. Vice Mayor Turkin asked if there can be a notice given instead of a ticket. Chief DeGiulio said that he would have to work that out with the vendor. City Attorney Cirullo said that they can talk to the vendor to see if there is a way for a warning to be programmed in their database. Commissioner Cruz asked how the Magistrate is chosen and who determines the amount of the fee. Chief DeGiulio said that the fee is determined by the vendor. City Attorney Cirullo said that he would have to look to see how the magistrate was 5 750 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 determined and he will get back with the Commission on that. He said that there is a formula for the fee and some of it is set by Florida Statute. Mayor Penserga asked about the penalty differences for a RLC violation vs a regular traffic violation. Chief DeGiulio explained the fine and points deducted between the two. H. Presentation of the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2022. This item was previously heard. I. Presentation update on the Boynton Beach Internship Program. Ms. Tennille DeCoste, Director of Human Resources & Risk Management, spoke about the Internship Program as follows: background; orientation- March 29, 2023; and departments involved. Commissioner Cruz asked what kind of positions the high school kids are doing. Ms. DeCoste explained which departments they are in. Vice Mayor Turkin said that he would like to see this open and available to college-age Veterans as well. Commissioner Hay said that this was well organized, well structured, and a job well done. Commissioner Kelley said that this is very exciting and provides a great opportunity for the kids. She stated that she would like to see them come to a Commission Meeting and to the City Social. Mayor Penserga asked how many of the college interns are considering careers directly with the City. Ms. DeCoste said that the students chose which departments they want to work at and where they want to end up at. J. Presentation update on the ARPA Small Business Grant Program. Mr. John Durgan, Director of Economic Development, spoke about the ARPA Small Business Grand update as follows: ARPA Small Business Overview; grant timeline and grant results; and questions. He thanked the Commission for this program and explained some of the things that businesses are using the grants for. 751 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Commissioner Kelley said that she is happy to see businesses outside of the CRA get grants. She asked what they do to get the word out to people who might need help. Mr. Durgan said that word of mouth was the best way to get the word out about this program, and he explained the social media push that they are doing. He stated that every business can use marketing help and they have money towards that and would like to help people. Commissioner Hay said that he received a question about an old list that used to exist and asked if that list is gone. He stated that it was a list about programs that are prioritized to receive funding. Mr. Durgan said that this is a different type of business, but confirmed that list no longer exists. Vice Mayor Turkin thanked Mr. Durgan and Marketing for getting the word out on this. Commissioner Cruz asked Mr. Durgan if he is still by himself in the department. Mr. Durgan responded yes. Commissioner Cruz thanked him for all the work that he does alone and going above and beyond. She said that the City is heading in the right direction. Mr. Durgan said that the Building Department was very helpful with this. Mayor Penserga asked what was the most common reason for rejection. Mr. Durgan said that a lot were not in business prior to the pandemic, and there were a large number of businesses that were unresponsive after he requested additional documents. 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). Harry Woodworth thanked the Ocean One representatives for the zoom call, and he asked why that call did not happen a year ago. He said that the City used to have a list of the Community organization contact list, and that it should go out again. He stated that they would like developers to come to the community before coming to the Commission. Cindy Falco DiCorrado stated that she put in a Public Records Request about specs for a dove and cross flag on the road. She spoke about the permits not being able to be 752 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 submitted before Hurricane Season. She spoke about the red-light camera and excuses that there are for people who are getting into accidents. She asked why Police are policing people instead of crime. Virtual comment: None. 5. Administrative 12B. Review Advisory Board Ordinance, requested by Commissioner Kelley. The item was moved up by Commissioner Kelley. Commissioner Kelley stated that she met with Assistant City Manager Kathryn Matos and that there are inconsistencies that are in the ordinance. She said that she does not want to have a long conversation, but would like their support on recommendations on how to improve the charter and the applications. She mentioned other practices by different entities. She spoke about some boards requiring career specialties, and some of the boards do not have people on them with those requirements. She commented that staff needs guidance from the Commission. She mentioned that she would like to have some limitations as well. Mayor Penserga stated that there are areas that need cleanup. Commissioner Kelley said that staff is suggesting a redline draft to us. Motion: Commissioner Kelley motioned to direct staff to come back with a redline ordinance. Commissioner Hay seconded the motion. Vice Mayor Turkin said that he does not want to push back the appointments for today. Commissioner Cruz asked about the process to make a change to the charter. City Attorney Cirullo said that this would be an ordinance change, not a charter change. Commissioner Cruz said that she would like to give the opportunities for residents to apply and said that she would like to have more marketing on this. Assistant City Manager Matos mentioned the marketing efforts that they are doing. Commissioner Cruz said that she is a homeowner, but has never received the newsletter until she became a Commissioner. City Manager Dugger said that they went through and some of the appointments will be 753 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 freed up because someone cannot serve on two boards. Commissioner Hay said that he does not want to hold up the list. He stated that he does not want to make it too cumbersome for someone to apply, because the Commission has the ability to not approve them at their level. The motion passed unanimously. A. Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards- Tabled from April 4, 2023. Motion: Vice Mayor Turkin moved to remove the item from the table. Commissioner Hay seconded the motion. The motion failed 3-2, with Commissioner Kelley, Commissioner Cruz, and Mayor Penserga dissenting. Commissioner Kelley said that she does not want to take this off the table because we need to look at the applicants, the applications, and to do our due diligence. She stated that there are inconsistencies and no connection with the applications, so she is not comfortable moving forward with this. Commissioner Hay asked whose responsibility it will be decide on applicants for a particular board. Mayor Penserga said that they will make recommendations, and there are some quasi- judicial boards have legal requirements. City Attorney Cirullo said that there might be some boards that have a list of requirements, and the Commission will ultimately decide what the requirements are. He explained the process. Commissioner Hay asked how it is different from what we are doing now. He said the Commission currently receives a list and he assumed they were qualified already. Assistant City Manager Matos explained that there are different languages for qualifications, and part of the recommendations is to make the language as uniform as possible. City Attorney Cirullo gave an example of requirements for the Planning and Zoning Board and Historic Resources Preservation Boards. Commissioner Hay said that he does not want to responsibility of seeing if people are qualified, and he would like to see that it went through staff first. 7 754 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 City Attorney Cirullo said that it could be a more thorough application process, which will be part of the discussion when they come back with the ordinance. Mayor Penserga asked if this item was not removed from the table, would the same individuals continue to operate. City Attorney Cirullo said yes, the current members will continue in their seat. Vice Mayor Turkin said that it is important to have good qualifications, but some of the boards are not able to meet due to no quorum. Commissioner Cruz said that they have a lot of new communities where new residents are not interconnected, and we should reach out to their management office with these opportunities. 6. Consent Agenda A. Proposed Resolution No. R23-046- Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Holistic Executive Suites LLC. B. Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. C. Proposed Resolution No. R23-048- Approve and authorize the City Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not to exceed $50,000. D. Proposed Resolution No. R23-049- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. E. Proposed Resolution No. R23-050- Approve and authorize the City Manager to sign Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of Environmental Protection (FDEP) and the City of Boynton Beach. F. Approve Task Order UT -3E-06 with West Architecture + Design, LLC., in the amount of $56,063 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services, Scope Category E, awarded by City 10 755 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Commission on August 22nd, 2018 to provide professional architectural services, for the design of the building hardening for Fire Station #2. G. Proposed Resolution No. R23-051— Authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT for the adjustment of Utilities' sanitary sewer manholes and valve boxes on Boynton Beach Boulevard with an initial estimate of $57,064.00. H. Accept the written report to the Commission for purchases over $10,000 for the month of March 2023. I. Approve minutes from the March 21, 2023, and April 4, 2023 City Commission Meetings. Commissioner Kelley pulled Item 6B for discussion. Motion: Vice Mayor Turkin moved to approve the remainder of the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 6B. Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. Mr. Durgan stated that he will be the point person for this initiative, if the lease agreement is passed. He said that Palm Beach County (PBC) would be on site to help residents with the application processes for documents that are needed for this program. Mildred (no last name provided), PBC Employment Counselor, joined virtually. She explained that they assist with a lot of things like paying bills, and sometimes they need locations to be able to help residents. She said that they have a training program, and they just need another location to assist with the process. Commissioner Cruz said that the Board of County Commissioners allocated money to assist residents that are struggling, and that she thinks it is great to have a location here in the City Hall, to be able to help residents. Vice Mayor Turkin thanked Commissioner Kelley for bringing this up to the City. Commissioner Kelley thanked Mildred. She said that the City is limited with what they can help residents with, and that the County has unlimited resources, and it would be nice to have someone locally here to help. 756 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Mayor Penserga said that there are a lot of people in the community that need help, and this will help even more with resources. Motion: Vice Mayor Turkin moved to approve the item. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve Amendment No. 1 to Task Order UT -3E-04 with West Architecture + Design, LLC in the amount of $47,100 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant for a total Purchase Order amount of $165,140.00 and not to exceed $200,000 per the City of Boynton Beach General Consulting Services Contract 046- 2821-17/TP. B. Approve the purchase of eight (8) replacement vehicles that were approved in the FY22-23 budget for an estimated amount of $786,112 by utilizing the City of Tallahassee Contract 5179-2023, Florida Sheriffs Contract FSA22-VEH20.0, and Bradford County Sheriff's Contract 22-27- 1.0. Motion: Vice Mayor Turkin moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing 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. A. Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8) -story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71 -acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU -C (Mixed -Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development LLC. Mayor Penserga commented on the process. 12 757 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 City Attorney Cirullo read both titles into the record. He swore in everyone who wanted to give testimony into the record. Mayor Penserga asked if both Items 8A and 8B are being addressed together. City Attorney Cirullo said yes because everything is interrelated. Vice Mayor Turkin said that he would like to table this item because of the Park Master Plan. He said that he would like to be able to do his due diligence and get more community input before they move forward. Motion: Vice Mayor Turkin moved to table this item. Commissioner Kelley seconded the motion. Commissioner Hay asked what they are voting on tonight with Items 8A and 8B. City Attorney Cirullo said that they are voting on the final site plan modification applications. Commissioner Hay asked the applicant what kind of impact this has on their timeline. Commissioner Kelley said that she would like to hear the presentation, but her issue is that she understands that there are meetings that are being put in place, but it has not happened yet. She said that she would like to see the presentation but is not comfortable voting on this before the applicant can meet with the residents. Commissioner Hay said they discussed this item for over 3 hours at the CRA meeting. He asked the applicant if the meeting has happened with the community, since then. Ms. Bonnie Miskel confirmed that she has been sworn in, and noted that she is representing the applicant. She spoke about providing ideas with the community to help them with their needs. She said that they have a Community Meeting scheduled for May 15t,and they had a meeting with another few neighbors already. She said that they are available to meet with the community, but that those meetings do not have anything to do with the application process, which meets requirements. She said that this would hurt her client financially because this has been stalled over 8 months. She asked to present, to show that they meet the requirements of the law and not whether they need to contribute to a property that is deficient in parking spots. She said that this is not a park and should not be a part of the Park Master Plan. Mayor Penserga clarified that he said Parking Master Plan earlier in the meeting. Vice Mayor Turkin said that nobody has reached out to him, and he would like to 13 758 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 collaborate with the applicant. Ms. Miskel said that he made his position clear at the last meeting that he is not supporting this project. She is asking for the same treatment that Affiliated went through. She said that they should consider their requirements, not deficiencies of other properties. Mayor Penserga said that he is in favor of hearing the presentation today and hearing out the residents too. Commissioner Hay said that when a developer meets the requirements, we open ourselves up to more closed -door sessions. He asked if this is heard tonight, does this lock them in to voting tonight. City Attorney Cirullo said that when they approve an application, they are approving up or down what is before them. He explained the process for amendments, if necessary. He said that tonight, they would be voting on what is before them. Commissioner Hay asked Ms. Miskel if this were to be voted on in their favor, would they be open to the idea of modifying later down the road. Ms. Miskel explained some of the possible ideas that they have and if it would require code changes or not. She said that at this point they need to get their site plan approved so that they do not have a financial burden. She said that in 2017, with the prior applicant, nobody ever mentioned parking. She spoke about what the prior project was given. Mayor Penserga said that he would like to hear the presentation and residents. He called for votes on the motion given. The motion failed 3-2, with Commissioner Hay, Commissioner Cruz, and Mayor Penserga dissenting. Ms. Miskel spoke about Ocean One as follows: property location; approved master plan; approved elevations east and north; approved elevations west and south; application requests: major master plan modification and major site plan modification; proposed master plan/site plan; and rendered site plan. Mr. Garret Bildfort, Architect, spoke about the following: typical floor plan; proposed elevations; and proposed elevations continued. Ms. Miskel spoke about the following: application requests- community design appeals; community design appeal garage wrapped with habitable space; community design appeal: build to line, N. Federal Highway; proposed architectural rendering: view from west/N. Federal Highway; community design appeal build -to -line, Ocean Avenue; proposed architectural rendering: south elevation view from ocean avenue; 14 759 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 proposed public plaza along ocean avenue; community design appeal: build -to -line, E. Boynton Beach Blvd. & NE 6t" Court; building massing; and staff recommendation of approval. She mentioned that they meet all the requirements of the code. She said that her client is willing to be a part of the solution. She stated that they are ready to go. She commented that there is nothing in the code that will allow the Commission to deny or postpone the application. Mr. Andrew Meyer, Senior Planner, spoke about the following: request; location and background; projects within vicinity; proposed site plan; proposed landscape plan; proposed elevations; community design appeal; wrapped parking structure; build -to - line; staff recommendation; and questions. Public Comment: Rick Dunsten stated that they are not asking to have the applicant solve their problem. He spoke about the parking spaces and mentioned that they just want this done right. Linda Cross stated that she is the past chair of the CRAAB, and she handed out three recommendations that were made by the Board in 2017. She spoke about the requirements and what was requested of them with the first developer. She said that this is not a Marina Village parking problem, it is a City problem. Eileen Brugelary, spoke about the present and the future. She mentioned that public parking areas are full every day during season. She explained the parking issues in the surrounding properties. Annette Sitesler stated that she is looking for a more community -minded appeal. She said that parking needs to be a priority and not an afterthought. She said that it is within the power of the Commission to think about the future. Dr. Alina Newman said that they will not welcome additional density. She stated that there are more accidents each day, and she that sometimes it is impossible for them to get to their own homes because of traffic. Alan Newman spoke about the impact of this project. He spoke about public parking being difficult, especially on the weekends. He said that this neighborhood cannot handle additional density. He spoke about the parking at the beach and inlet. Ivonne Scavron spoke about the AC compressors on the roof. She said that she would like for those to be disguised. She commented on the parking plan and asked for additional parking. She asked about additional transportation from the City, such as a trolley. She said that they had to wait 30 minutes for first responders to show up, when they called 911, due to traffic. 15 760 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Hope Cloud spoke about safety issues, which she said are linked to inadequate parking spaces. She talked about people being let out on the passenger side and darting across the street. She asked for this development to not be approved without more parking. Mark Meyer was sworn in. He stated that he is with Inca and they had a meeting with the Hyperion Group and they spoke about parking and other aspects of this project. He spoke about brown fill requirements, drainage issues, and asked for a phase 2 condition. Vanessa Balmonte spoke about Ms. Miskel ignoring the issues that have been around for 20 years. She spoke about downtown parking issues, drainage, and traffic. She asked the Commission to put a hold on the project and have a community meeting. Barbara Hamilton spoke about an emergency vehicle that could not get through the traffic. She said that the Boynton Beach marina area has little to no access to public transportation. She asked that we have adequate parking, not just what meets code. Brendon Smith stated that there were some problems with urban planning, but parking was not part of it. He said that the presentation that was compelling but there was a take it or leave it attitude, which was unnecessary. He said that this particular site plan does not have adequate parking. Cheryl Rifkin stated that she applauds the developer for some of their things in the site plan. She said that they want to not look to the code, but to future proof of quality of life. She mentioned that they do not have the public transportation in the area, and there are no playgrounds or schools in the area. She spoke about financing falling through. Virtual comments: Two Jason Moro stated that he is for this modification plan and that he supports more mixed affordable housing developments. Tony Moro said that he sees this as a fantastic opportunity, and we should not take it lightly that we could lose it. He said that he understands the parking problem, and that this is an issue whether this project is built or not. He spoke about the positive aspects of the project, such as more jobs. Amanda Radigan, Director of Planning and Zoning, addressed a few public comment concerns: schools plan accordingly when new developments happen; AC units are required to be integrated into the architecture; and parking perceived from code- 128 spaces that are accessible to the public. 761 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Ms. Miskel spoke about the number of spaces that are open to commercial and not restricted, which are 171 spaces. She stated that Marina Village paid for extra parking. She reiterated that the code does not have a requirement that they provide other public parking. She said that there are good incentives for providing parking through TIFF but said that this cannot be rejected because of public parking. She spoke about parking being everyone's problem, not just her problem. She said that her client would donate the money for a master parking study. She stated that they are fully incasing the AC unit, so that they are looking at decorative architecture. She said that they are committed to working with their neighbors and the City. Commissioner Kelley commented that she is aware of the parking issues and mentioned that they have been talking about more mobility downtown. She said that this is a priority for the Commission. She mentioned that the residents like to be involved, and communication is a problem. She asked about the shared parking component and impact on the commercial usage. Ms. Radigan stated that they spoke to the applicant about this and mentioned that there is a gate that will separate the private parking spaces. She mentioned the different options that were discussed with the applicant and said that operational strategies are not a part of the application, but it can be added. Ms. Miskel spoke about it being easier to have restrictions when these are rental properties, and they have no problem with that condition. Commissioner Kelley asked if there a plan in place for the commercial spaces. Ms. Miskel spoke about the problem with restricting the public parking. She said that there is plenty of padding for the parking above their requirements. Mr. Jordan Taylor, Hyperion, stated that they reached out to the public and they are committed to continuing communication with them. He said that they are prepared to work with the community for more parking, but on their site, they have more than enough spaces for their site plan. Commissioner Hay commended the applicants and staff for working together to resolve the parking issues. He said that they need to look at their code so they can better address this in the future. He mentioned the master parking plan study and their willingness to help pay for it. He said that they should look at getting a trolley again in the downtown area. He commented that he is satisfied with what has been presented and that they have met the requirements. He commented that we have the right Board and Staff to be able to work with the impact of more development down the road. Commissioner Cruz mentioned flood zones and king tides, and asked what the City can do to prevent the king tide. 17 762 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Deputy City Manager Mack stated that the king tides go over the seawalls. He said that this will be an effort with the City and FDOT. Commissioner Cruz asked if there is anything they can do to mitigate the issue, and that maybe they can start building higher. Deputy City Manager Mack said a typical strategy when building homes in a flood plain is to raise the first floor. Commissioner Cruz asked what we can do to be proactive instead of reactive. Ms. Radigan spoke about flood plain regulations and the building codes. There was discussion regarding the following: flooding in the downtown area, especially during king tides; and local City flood regulations, which are more stringent than the State. Commissioner Cruz asked for consensus to bring this back to a future agenda item regarding flooding. Ms. Radigan stated that she would invite the building official to make a presentation regarding the issue. There was discussion regarding the following: a master plan for transportation; mobility plan that is in place and adopted about a year ago; mobility study; balconies with transparency that are nicer than the renderings, such as glass; conditions to get back with staff to make the balcony more transparent; fagade renderings with the balconies facing Federal; and clarification on what the Commission is being asked to approve today. City Attorney Cirullo stated that they are reviewing the information and record of what was presented to them to determine if the application meets criteria/code. He said if they determine a deficiency of code, they would not approve it. Commissioner Cruz asked for clarification on parking spaces. Ms. Radigan clarified that the applicant is providing 171 public parking spaces instead of the required 128 spaces. Vice Mayor Turkin asked for this to be continued because he would like to have an incentive created to have more parking included. He said that he does like a lot of things from the project, but he hears a lot of complaints from constituents in his district. He said that he does not want to kill this project, but he is asking for the Commission to address the community concerns and continue negotiations. He said 18 763 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 that he is not going to vote for this because he wants to continue the conversation. Mr. Taylor stated that they can commit to having the meetings, but he cannot push off site plan approval further. Ms. Miskel stated that it takes months to start working on submitting permits. She said that they probably can have more conversation to work with staff to expedite something to help with the parking problem. Vice Mayor Turkin said that he will not support this now, but he might in the future. Mayor Penserga stated that this need for parking has been brought to the forefront, and that this is a regional concern, and we need more parking in the area. He said that he has already put forward suggestions on mobility to help resolve the issues that are not limited to one building, with a master parking plan. He mentioned that the City should be thinking about a public parking garage. He said that he cannot violate peoples' property rights, but based on all the facts, the applicants have met code. Ms. Radigan summarized additional conditions of approval: identify and commit to operational strategies to minimize residential overflow parking; voluntary $30K contribution to put towards a master parking plan within 60 days of development order approval; and continue discussion with City to potentially include public parking. Commissioner Hay stated that he agrees with a public parking lot. Motion: Commissioner Hay moved to approve the item with three additional conditions. Commissioner Cruz seconded the motion. Motion passed (4-1) with Vice Mayor Turkin dissenting. B. Approve requests for two (2) Community Design Appeals (CDPA 22-005 & 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the fagades of the parking garage as proposed and four (4) Community Design Appeals (CDPA 23-001, 23-002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3- 22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. Motion: Commissioner Hay moved to approve the item. Commissioner Kelley seconded the 19 764 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 motion. Motion passed (4-1), with Vice Mayor Turkin dissenting. 9. City Manager's Report- None 10. Unfinished Business A. Continue discussion and selection of a Sister City in Ukraine. Motion: Vice Mayor Turkin moved to postpone the item. Commissioner Hay seconded the motion. Motion passes unanimously. Motion: Vice Mayor Turkin motioned to recess for 5 minutes. Commissioner Kelley seconded the motion. Motion passes unanimously. Mayor Penserga reconvened the meeting at 10:48 P.M. 11. New Business- None 12. Legal A. Proposed Ordinance No. 23-008- First Reading. Amending Chapter 2, "Administration" Article X, "Personnel Policy Manual" of the Code of Ordinances to update the Employee Handbook (fka Personnel Policy Manual) of the City of Boynton Beach. City Attorney Cirullo read the title of the Ordinance into the record. Ms. DeCoste spoke about the Personnel Policy Manual background and changes. Commissioner Kelley said that the parental leave benefit is very important and should have happened long ago. Motion: Vice Mayor Turkin motioned to approve the item. Commissioner Kelley seconded the motion. Motion passed unanimously. Commissioner Kelley mentioned ARPA Funds going to the schools, and how Mr. Durgan helped with the initiative. She said that Imagine Chancellor has not received the grant, and they were supposed to, so she said that staff needs direction on this. Mayor Penserga asked if all the application documents are ready to go. 20 765 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Commissioner Kelley said yes. Assistant City Manager Matos said that the dollar amount is $9-10K. There is consensus to add the item to the next Commission agenda and receive an update from staff. B. Review Advisory Board Ordinance, requested by Commissioner Kelley. 13. Future Agenda Items A. Discussion regarding installing a coral reef at Oceanfront Park, requested by Vice Mayor Turkin -May 2, 2023 B. Consider revised local rules for approval. - TBD C. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD D. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay- TBD E. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Vice Mayor Turkin - TBD F. Look into lowering or waiving arts impact fees for small businesses, requested by Vice Mayor Turkin- TBD G. Discussion regarding changing minimum requirements for traffic studies, requested by Vice Mayor Turkin- TBD H. Update regarding speedbumps throughout the City, requested by Vice Mayor Turkin-TBD I. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Vice Mayor Turkin.- TBD J. Discussion regarding Ordinance for minimum sized units, requested by Commissioner Cruz -TBD K. Discussion regarding Ordinance for giving preference to local businesses for contracts, requested by Commissioner Cruz -TBD L. Discussion regarding housing for the homeless in the City, requested by Commissioner Hay -TBD 21 766 Meeting Minutes City Commission Meeting Boynton Beach, FL April 18, 2023 Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:55 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 22 767 Consent Bids and Purchases over $100,000 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Resolution No. R23-063- Operational purchase of NAPA for vehicle/equipment parts. Requested Action by Commission: Approve and authorize the City Manager to sign the agreement for the operational purchase of a source of supply for certain auto, truck, and bus parts by Genuine Parts Company, in accordance with the terms & conditions set forth in the Sourcewell and NAPA Contract No. 110520 -GPC, in the amount of $892,588 with an annual expenditure of $1,200,000 for the length of the contract. The Sourcewell Contract satisfies the City's Procurement requirements. Explanation of Request: The Fleet Division is currently ordering parts via the City Warehouse and multiple vendors. The Warehouse has limited stock due to supply chain issues and staff shortages. Subsequently, this causes delays on repairs to our Police, Fire, Solid Waste, Utilities and numerous departments' vehicles that provide city services. Our current warehouse expenditures are approximately $1,221,316 annually. Approval of this request would allow for NAPA to expand current inventory and allow the City of Boynton Beach access to NAPA's IBS sites throughout the Country. This contract includes the dedicated staff members and a NAPA leased vehicle to retrieve parts. The cost of acquiring an agreement with NAPA is approximately $892,588.00 annually. Aside from physical cost, the City will gain greater efficiencies by significantly minimizing the number of contracts, invoices, and staff time to processes/administer the aforementioned functions. Staff processes over 200 invoices a month for Fleet support and over 30 contracts. We anticipate reducing the number of contracts and invoices by 65%. Staff time administering this efforts will be reduced which will increase the City opportunity costs. If approved, the implementation would be approximately for the months of June through September for fiscal year 22/23 in the approximate amount of $300,000. Beginning the new 768 fiscal year 23/24 the annual cost would be approximately $892,588. How will this affect city programs or services? Outsourcing the ordering of parts to NAPA will allow the Fleet Division to conduct business in a more effective and efficient manner, decrease the down time of vehicles, and the City services will not have a huge impact. Fiscal Impact: This is a budgeted item. Attachments: Reso R23-063 Approve_Integrated_Supply_Agreement_with _ NAPA-_Reso.pdf City of Boynton Beach Sourcewell Contract 110520 -GPC NAPA.doc Agenda Backup - NAPA Sourcewell Contract 110520 -GPC Exp 12-29-24.pdf Exhibit E.pdf 769 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R23-063 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE INTEGRATED SUPPLY AGREEMENT FOR THE OPERATIONAL PURCHASE OF A SOURCE OF SUPPLY FOR CERTAIN AUTO, TRUCK, AND BUS PARTS BY GENUINE PARTS COMPANY, IN ACCORDANCE WITH THE TERMS & CONDITIONS SET FORTH IN THE SOURCEWELL AND NAPA CONTRACT NO. 110520 -GPC, IN THE AMOUNT OF $892,588 WITH AN ANNUAL EXPENDITURE OF $1,200,000 FOR THE LENGTH OF THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Division is currently ordering parts via the City Warehouse and multiple vendors which has limited stock due to supply chain issues and staff shortages; and WHEREAS, this causes delays on repairs to our Police, Fire, Solid Waste, Utilities and numerous departments' vehicles that provide city services; and WHEREAS, this request would allow for NAPA to expand current inventory and allow the City of Boynton Beach access to NAPA's IBS sites throughout the Country and would also include dedicated staff members and a NAPA leased vehicle to retrieve parts; and WHEREAS, the City will gain greater efficiencies by significantly minimizing the number of contracts, invoices, and staff time to processes/administer the aforementioned functions; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to sign the Integrated Supply Agreement for the operational purchase of a source of supply for certain auto, truck, and bus parts by Genuine Parts Company, in accordance with the terms & conditions set forth in the Sourcewell and NAPA Contract No. 110520 -GPC, in the amount of $892,588 with an annual expenditure of $1,200,000 for the length of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Approve Integrated Supply Agreement With NAPA - Reso.Doex 770 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 Section 2. The City Commission hereby approves and authorizes the City 37 Manager to sign the Integrated Supply Agreement for the operational purchase of a source 38 of supply for certain auto, truck, and bus parts by Genuine Parts Company, in accordance 39 with the terms & conditions set forth in the Sourcewell and NAPA Contract No. 110520 -GPC, 40 in the amount of $892,588 with an annual expenditure of $1,200,000 for the length of the 41 contract. A copy of the Agreement is attached hereto and incorporated herein by reference 42 as Exhibit "A". 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Approve Integrated Supply Agreement With NAPA - Reso.Docx 771 INTEGRATED SUPPLY AGREEMENT BY AND BETWEEN GENUINE PARTS COMPANY AND CITY OF BOYNTON BEACH, FLORIDA SOURCEWELL CONTRACT 772 INTEGRATED SUPPLY AGREEMENT BY AND BETWEEN GENUINE PARTS COMPANY AND CITY OF BOYNTON BEACH, FLORIDA THIS INTEGRATED SUPPLY AGREEMENT (this "Agreement") is made by and between GENUINE PARTS COMPANY, a Georgia corporation (d/b/a NAPA Auto Parts) ("NAPA"), and the CITY OF BOYNTON BEACH, FLORIDA ("CUSTOMER"), to be effective as of the 1st day of February, 2023 (the "Effective Date"). WITNESSETH WHEREAS, pursuant to a competitive bidding and selection process by Sourcewell (f/k/a National Joint Powers Alliance) (hereinafter, "Sourcewell"), a Minnesota-based Service Cooperative created by Minnesota Legislative Statute 123A.21, Sourcewell and NAPA executed contract #110520 -GPC on December 23, 2020 (hereinafter, "Sourcewell Contract"), attached hereto as Exhibit C, to establish a source of supply for certain auto, truck and bus parts as well as to provide Integrated Business Solutions services; and WHEREAS, by becoming a participating member of Sourcewell (hereinafter, "Member"), CUSTOMER and its related entities (hereinafter, "User Agencies") are authorized to utilize the pricing and incentives available to Sourcewell Members set forth in the Sourcewell Contract; and WHEREAS, CUSTOMER desires to become a User Agency under such Sourcewell Contract and desires to receive integrated business solutions services from NAPA; and WHEREAS, CUSTOMER and NAPA agree that the Sourcewell Contract is a vehicle by which CUSTOMER may contract directly with NAPA for parts and services, but that the terms and conditions of this Agreement and not the terms and conditions of the Sourcewell Contract shall govern the relationship of the parties; and WHEREAS, NAPA desires to provide integrated business solutions services and to establish inventories in CUSTOMER's locations to service the fleet parts needs of CUSTOMER and to serve as the primary supplier of automotive replacement parts and other supplies and/or equipment (the "Inventory" or "Products") to serve the needs of CUSTOMER; and SOURCEWELL CONTRACT 773 WHEREAS, CUSTOMER desires to provide space for the Inventory on the premises of CUSTOMER for use by NAPA ("On Site Store") and agrees that NAPA will be its primary supplier of the Inventory pursuant to the terms herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows: AGREEMENT 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meanings set forth below: (a) Primary Supplier shall mean the parts supplier that provides a minimum of ninety percent (90%) of the Inventory needs of CUSTOMER. (b) NAPA Owned Store shall mean an auto parts store lawfully using the tradename or trademark "NAPA" which is wholly owned by NAPA. (c) NAPA Jobber shall mean an auto parts store lawfully using the tradename or trademark "NAPA" with respect to which NAPA maintains no ownership interest. (d) Current NAPA Jobber Acquisition Cost shall mean NAPA's current gold price as set forth on NAPA's Confidential Jobber Cost and Suggested Resales price list. 2. CUSTOMER'S CURRENT LOCATIONS. NAPA will establish On Site Store(s) at the CUSTOMER'S following location(s): 222 NE 9t' Ave. Boynton Beach, FL 33435 Additional locations of the CUSTOMER may be added to this Agreement but only by a written amendment executed and agreed to by both the CUSTOMER and NAPA. 3. TERM. Subject to the terms and conditions set forth below, this Agreement shall begin on the Effective Date and shall end when the Sourcewell Contract terminates or expires or when terminated earlier in accordance with the applicable terms and conditions stated herein. As the Sourcewell Contract is renewed or extended, this Agreement may be renewed or extended for a period of time equal to or shorter than the period of time the Sourcewell Contract is renewed or extended upon the mutual written agreement of the parties. Notwithstanding the foregoing, should the parties desire to extend this Agreement past the termination or expiration date of the Sourcewell Contract, Sourcewell Contract 774 the parties may do so by entering into a mutually agreed upon written amendment to this Agreement. Further, as Sourcewell awards new successive agreements to NAPA following expiration of the Sourcewell Contract, any new contract number and/or new terms and conditions may be added with mutual agreement via a written amendment to this Agreement. 4. DUTIES AND RESPONSIBILITIES OF NAPA. NAPA shall have the following duties and responsibilities during the term of this Agreement: (a) NAPA will operate the On Site Store(s) and provide the Inventory to CUSTOMER's now existing locations. NAPA shall provide all personnel required to operate the On Site Store(s). (b) In those circumstances when delivery is required by CUSTOMER, NAPA will provide parts to CUSTOMER's locations on a daily route basis. In addition, NAPA will accelerate delivery on those items CUSTOMER requires to be delivered on an expedited basis. NAPA will make all reasonable efforts to ensure prompt delivery to the CUSTOMER's location(s) requesting part(s). (c) NAPA shall provide all computers and reports necessary to monitor monthly expenses as they pertain to the daily operation of the On Site Store(s). NAPA shall provide computer ordering and cataloging to each On Site Store. (d) NAPA shall provide a profit and loss statement of the parts operations to the CUSTOMER on approximately the 25th of each month for each On Site Store. (e) NAPA shall provide back-up emergency service during non -working hour contingencies. This overtime expense (calculated at time and one half) will be charged on a cost basis to CUSTOMER and must be pre -approved by CUSTOMER. The parties shall mutually agree upon the pre -approval process for such emergency situations. NAPA will provide a list of personnel, including telephone numbers, who will respond to emergency service requests. 5. DUTIES AND RESPONSIBILITIES OF CUSTOMER. CUSTOMER shall have the following duties and responsibilities during the term of this Agreement: (a) CUSTOMER shall provide, at its sole expense, usable space for NAPA's On Site Store(s) and the Inventory. CUSTOMER shall provide access to restroom facilities for NAPA employees. Further, CUSTOMER shall furnish, at its sole expense, all utilities for the On Site Store(s) including: water, sanitation, sewer, light, telephone, heat, gas, electricity, power, fuel, janitorial and all other utilities and services rendered or delivered to the On Site Store(s) whatsoever. CUSTOMER shall provide NAPA a safe work environment that is free from hostility, violence, or discrimination. NAPA reserves the right to terminate the contract immediately should NAPA encounter a hostile, violent, discriminatory, or unsafe work environment. Sourcewell Contract 775 (b) CUSTOMER shall use NAPA as its Primary Supplier of the Inventory under this Agreement. CUSTOMER reserves the right to purchase any item outside this Agreement where it is determined to be more economical or timely so long as the purchase of aforesaid part or parts does not result in NAPA no longer being CUSTOMER's Primary Supplier in which case NAPA may terminate this Agreement. (c) Each On Site Store location shall be appropriately secured or otherwise maintained separate and apart from the business of CUSTOMER. There shall be no intermingling of CUSTOMER's parts or other inventory with NAPA's parts or inventory. Access to the secured On Site Store(s) shall be restricted to NAPA employees and authorized NAPA representatives only. CUSTOMER'S employees, contractors or agents shall not be permitted to enter the secured On -Site Store area unless accompanied by a NAPA employee or other authorized NAPA representative. CUSTOMER hereby assumes and shall bear any and all risk of loss or damage from any cause to the Inventory and other personal property located in the On Site Store(s), except for loss or damage arising out of the acts, errors or omissions of NAPA. NAPA shall invoice CUSTOMER for any such loss of or damage to the Inventory and/or other personal property located in the On Site Store(s), and CUSTOMER shall pay such invoiced amount to NAPA in accordance with the payment terms set forth in Section 7 below. (d) CUSTOMER shall, at all times during the term of this Agreement, at CUSTOMER'S sole expense, maintain in good condition and repair (so as to prevent any damage or injury to NAPA's employees, the Inventory or other personal property located in the On Site Store(s)) the roof, exterior walls, foundation, and structural portions of the On Site Store(s) and all portions of the electrical and plumbing systems lying outside of the On Site Store(s) but serving the On Site Store(s). (e) CUSTOMER shall provide information regarding fleet changes to NAPA as soon as possible. Fleet changes include but are not limited to the removal of types of vehicles from the fleet and the addition of new vehicles to the fleet. 6. ALTERNATIVE SUPPLIERS. Each On Site Store may be serviced by a NAPA Owned Store or a NAPA Jobber. CUSTOMER acknowledges that whether it will be serviced by a NAPA Owned Store or a NAPA Jobber will be determined by NAPA, in its sole discretion, and that if CUSTOMER is to be serviced by a NAPA Jobber, then such NAPA Jobber must evidence its desire to abide by the terms of this Agreement by entering into an Assignment in the form of Exhibit A hereto. 7. PAYMENT TERMS/PRICING. NAPA shall invoice the CUSTOMER for all Inventory purchased pursuant to this Agreement on a monthly basis according to the pricing plan below. CUSTOMER agrees to pay the entire amount of all statements received from NAPA by the 25th day of the month following receipt of any such statement. If CUSTOMER has not paid the entire amount of all statements received from NAPA within 10 days of the 25th day of the month following receipt of such invoice, CUSTOMER shall be put on COD until such amount is paid in full. No prompt pay discount is available under this Agreement. Sourcewell Contract 776 There are three pricing options available to CUSTOMER. Those pricing options are Pricing Option #1 (Management Fee), Pricing Option #2a (10% Gross Profit on Products/Monthly Operating Expenses), and Pricing Option #2b (Higher Gross Profit on Products/No Monthly Operating Expenses). The pricing option for this Agreement must be indicated by CUSTOMER initials, below. CUSTOMER INITIALS: The overall objective of CUSTOMER's pricing plan is for: (i) NAPA to provide Products in accordance with the Pricing Plan Summary set forth below, (ii) NAPA to provide Outside Services in accordance with the Pricing Plan Summary set forth below, (iii) reimbursement by CUSTOMER of each On Site Store's operating expenses, and (iv) payment by CUSTOMER of the Management Fee (as defined below). By billing CUSTOMER for these four categories, NAPA's On Site Store(s) will achieve its target ten percent (10%) net profit for the Agreement (the "Net Profit Target"). These categories are defined as follows: (a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; and 2) "Non -NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA pursuant to this Agreement. The pricing of NAPA Product and Non - NAPA Product shall be billed in accordance with the Pricing Plan Summary defined below. (b) Outside Services Price. Outside Services are those services not traditionally performed by NAPA. The pricing of Outside Services shall be billed in accordance with the Pricing Plan Summary defined below. (c) Operational Expenses. Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, Sourcewell Contract 777 and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B ("Corporate Allocation Expenses") which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel to focus more attention on serving the On -Site Store operations, and maximizing on-site cost efficiency. (d) Management Fee. CUSTOMER shall be billed a Management Fee (as defined below) on a monthly basis in accordance with the terms below. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost Non -NAPA Product Billed to CUSTOMER at NAPA's current product Price acquisition cost Outside Services Price Billed to CUSTOMER at NAPA's cost Operational Expenses Billed to CUSTOMER in accordance with Section 7(c) above. Management Fee Billed to CUSTOMER in accordance with the terms below Net Profit Target 10% net profit for the NAPA On Site Store(s) after Products, Outside Services, Operational Expenses, and Management Fee are billed to CUSTOMER. Sourcewell Contract 778 NAPA Product shall be billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost. Non -NAPA Product shall be billed to CUSTOMER at NAPA's current product acquisition cost, and Outside Services shall be billed to CUSTOMER at NAPA's cost. CUSTOMER is solely responsible for improper or inappropriate instructions by CUSTOMER's employees to NAPA regarding NAPA's purchases of nontraditional parts or services, unless CUSTOMER provided prior written notice to NAPA of parts or services that may not be procured by NAPA in relation to this Agreement. Operational Expenses will be charged to CUSTOMER in accordance with Section 7(c) above, with all such charges for Operational Expenses to be included in CUSTOMER's monthly billing statement. CUSTOMER will be billed at the end of each month for Operational Expenses on an "in arrears" basis. CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to ten percent (10%) of the Total Monthly Net Sales (as defined below) during the preceding month (the "Management Fee"). For purposes hereof, "Total Monthly Net Sales" means the total dollar amount of all Products (both NAPA and Non -NAPA) and Outside Services sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. CUSTOMER and NAPA mutually agree that CUSTOMER'S maximum annual payment obligation for all Products, Outside Services, Operational Expenses and Management Fees billed to CUSTOMER pursuant to this Section 7 shall be set at $ per annum; and CUSTOMER has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the contract. CUSTOMER INITIALS PRICING OPTION #2a (W'Vo GROSS PROFIT ON PRODUCTS / MONTHLY OPERATING EXPENSES) CUSTOMER INITIALS: The overall objective of CUSTOMER's pricing plan is for NAPA to provide Products in accordance with the agreed upon Pricing Plan Summary set forth below and reimbursement by CUSTOMER of each On Site Store's operating expenses. By billing CUSTOMER for these two categories, NAPA's On Site Store(s) will achieve its target ten percent (10%) net profit for the Agreement (the "Net Profit Target"). These categories are defined as follows: (a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; and 2) "Non -NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA Sourcewell Contract 779 pursuant to this Agreement. The pricing of NAPA Product and Non - NAPA Product shall be billed in accordance with the Pricing Plan Summary defined below. (b) Operational Expenses. Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B ("Corporate Allocation Expenses") which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel to focus more attention on serving the On -Site Store operations, and maximizing on-site cost efficiency. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER at a 10% gross profit rate (The formula for NAPA Product Price for CUSTOMER is the Current NAPA Jobber Acquisition Cost divided by .90) This formula will achieve the gross profit rate set forth above. Example: Current NAPA Jobber Acquisition Cost is $1.00. CUSTOMER's price would be $1.00/.90=$1.11 Non -NAPA Product Price Billed to CUSTOMER at a 10% gross profit rate (The formula for Non -NAPA Product Price for CUSTOMER is NAPA's current product acquisition cost Sourcewell Contract 780 Both NAPA Product and Non -NAPA Product shall be set by NAPA to yield a gross profit of ten percent (10%). Operational Expenses will be charged to CUSTOMER in accordance with Section 7(b) above, with all such charges for Operational Expenses to be included in CUSTOMER's monthly billing statement. CUSTOMER will be billed at the end of each month for Operational Expenses on an "in arrears" basis. CUSTOMER and NAPA mutually agree that CUSTOMER'S maximum annual payment obligation for all Products and Operational Expenses billed to CUSTOMER pursuant to this Section 7 shall be set at $ per annum; and CUSTOMER has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the contract. CUSTOMER INITIALS In addition, NAPA may use any sub -contractor for the procurement of "outside" services (i.e., those services not traditionally performed by NAPA), and CUSTOMER will be billed an additional charge for any such purchases so as to yield NAPA a ten percent (10%) gross profit on such purchases. CUSTOMER must provide pre -approval in writing of such outside service purchases. CUSTOMER is solely responsible for improper or inappropriate instructions by CUSTOMER's employees to NAPA regarding NAPA's purchases of nontraditional parts or services, unless CUSTOMER provided prior written notice to NAPA of parts or services that may not be procured by NAPA in relation to this Agreement. PRICING OPTION #2b (HIGHER CROSS PROFIT ON PRODUCTS / NO MONTHLY PE TING EXPENSES) CUSTOMER INITIALS: The overall objective of CUSTOMER's pricing plan is for NAPA to provide Products in accordance with the agreed upon Pricing Plan Summary set forth below. By billing CUSTOMER for the Products, NAPA's On Site Store(s) will achieve its target ten Sourcewell Contract 781 divided by .90) This formula will achieve the gross profit rate set forth above. Example: current product acquisition cost is $1.00. CUSTOMER's price would be $1.00/.90=$1.11 Operational Expenses Billed to CUSTOMER in accordance with Section 7(b) above. Net Profit Target 10% net profit for the NAPA On Site Store(s) after Products and Operational Expenses are billed to CUSTOMER. Both NAPA Product and Non -NAPA Product shall be set by NAPA to yield a gross profit of ten percent (10%). Operational Expenses will be charged to CUSTOMER in accordance with Section 7(b) above, with all such charges for Operational Expenses to be included in CUSTOMER's monthly billing statement. CUSTOMER will be billed at the end of each month for Operational Expenses on an "in arrears" basis. CUSTOMER and NAPA mutually agree that CUSTOMER'S maximum annual payment obligation for all Products and Operational Expenses billed to CUSTOMER pursuant to this Section 7 shall be set at $ per annum; and CUSTOMER has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the contract. CUSTOMER INITIALS In addition, NAPA may use any sub -contractor for the procurement of "outside" services (i.e., those services not traditionally performed by NAPA), and CUSTOMER will be billed an additional charge for any such purchases so as to yield NAPA a ten percent (10%) gross profit on such purchases. CUSTOMER must provide pre -approval in writing of such outside service purchases. CUSTOMER is solely responsible for improper or inappropriate instructions by CUSTOMER's employees to NAPA regarding NAPA's purchases of nontraditional parts or services, unless CUSTOMER provided prior written notice to NAPA of parts or services that may not be procured by NAPA in relation to this Agreement. PRICING OPTION #2b (HIGHER CROSS PROFIT ON PRODUCTS / NO MONTHLY PE TING EXPENSES) CUSTOMER INITIALS: The overall objective of CUSTOMER's pricing plan is for NAPA to provide Products in accordance with the agreed upon Pricing Plan Summary set forth below. By billing CUSTOMER for the Products, NAPA's On Site Store(s) will achieve its target ten Sourcewell Contract 781 percent (10%) net profit for the Agreement (the "Net Profit Target"). CUSTOMER's pricing plan is comprised of the following elements: (a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; and 2) "Non -NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA pursuant to this Agreement. The pricing of NAPA Product and Non - NAPA Product shall be billed in accordance with the Pricing Plan Summary defined below. (b) Operational Expenses. Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B ("Corporate Allocation Expenses") which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel to focus more attention on serving the On -Site Store operations, and maximizing on-site cost efficiency. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER on a "9074 NAPA Pricing Profile" Sourcewell Contract 782 Non -NAPA Product Price Billed to CUSTOMER at a 25% gross profit rate (The formula for Non -NAPA Product Price for CUSTOMER is NAPA's current product acquisition cost divided by .75) This formula will achieve the gross profit rate set forth above. Example: current product acquisition cost is $1.00. CUSTOMER's price would be $1.00/.75=$1.33 Operational Expenses Paid entirely by NAPA Net Profit Target Amounts will be refunded or charged based on the failure or achievement of an overall 10% net profit for the previous month. NAPA Product shall be billed to CUSTOMER based on a "9074 NAPA Pricing Profile" which has been provided to CUSTOMER in connection with this Agreement. Non -NAPA Product shall be billed by NAPA to yield a gross profit of twenty-five percent (25%). All Operational Expenses shall be borne by NAPA. Sales at each On Site Store location will be reviewed after the first ninety (90) days of operation and on a month by month basis thereafter to ensure a ten percent (10%) net profit for NAPA. If monthly sales at each On Site Store, independently as opposed to in the aggregate, are producing more than a ten percent (10%) net profit for NAPA, NAPA will pay to CUSTOMER, via a refund check, the overage. Conversely, if NAPA's net profit for the preceding month is less than ten percent (10%), NAPA will bill CUSTOMER for the deficiency. CUSTOMER and NAPA mutually agree that CUSTOMER'S maximum annual payment obligation for Products billed to CUSTOMER pursuant to this Section 7 shall be set at $ per annum; and CUSTOMER has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the contract. CUSTOMER INITIALS In addition, NAPA may use any sub -contractor for the procurement of "outside" services (i.e., those services not traditionally performed by NAPA), and CUSTOMER will be billed an additional charge for any such purchases so as to yield NAPA a twenty- five percent (25%) gross profit on such purchases. CUSTOMER must provide pre - approval in writing for such outside service purchases. CUSTOMER is solely responsible for improper or inappropriate instructions by CUSTOMER's employees to NAPA regarding NAPA's purchases of nontraditional parts or services, unless CUSTOMER provided prior written notice to NAPA of parts or services that may not be procured by NAPA in relation to this Agreement. 8. INSURANCE. Sourcewell Contract 783 (a) CUSTOMER shall maintain during the term of this Agreement workers' compensation insurance for its employees and general liability insurance covering its property. NAPA acknowledges that CUSTOMER may elect to self -insure such obligations. (b) NAPA shall maintain during the term of this Agreement workers' compensation insurance coverage for its employees located at the On Site Store(s) in amounts required by law. In addition, NAPA shall maintain personal property insurance during the term of this Agreement in an amount sufficient to cover any loss or damage to the Inventory and any other personal property owned by NAPA that is located at the On Site Store(s). 9. NO LIENS. CUSTOMER warrants that it shall take no action, including but not limited to the granting of a security interest, or fail to take any action, which would operate or does operate in any way to encumber the Inventory of NAPA located in the On Site Store(s). 10. PERSONNEL. NAPA and CUSTOMER shall attempt in good faith to mutually agree upon the identity of the persons that will be selected to staff the On Site Store(s). In the event that CUSTOMER for any reason wishes to remove or replace any of the NAPA personnel in the On Site Store(s), the parties will attempt to resolve CUSTOMER's request by mutual agreement. 11. WARRANTY/LIABILITY DISCLAIMER. All Products supplied pursuant to this Agreement are subject to the terms of written warranties provided by the manufacturer of each Product, and NAPA shall use reasonable commercial efforts to assist the CUSTOMER in processing all warranty claims that the CUSTOMER may have against a manufacturer. The manufacturer's warranty will be the sole and exclusive remedy of the CUSTOMER in connection with any claims concerning the Products supplied to CUSTOMER pursuant to this Agreement. ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. Copies of the manufacturers' warranties are available to CUSTOMER upon request. For suppliers (or categories of suppliers) of Non -NAPA Products that CUSTOMER instructs NAPA to utilize or consider for future purchases, NAPA is under no obligation to (and NAPA disclaims all liability in connection with) investigate product quality, management, ownership, reputation, certifications, qualifications, price competitiveness, or any other related characteristics of the products, individuals or entities at issue. 12. TERMINATION. (a) Termination for Cause. This Agreement may be terminated immediately, unless otherwise stated in this Section 12(a), by either party for cause: Sourcewell Contract 784 (i) In the event that the other party fails or refuses to pay any amounts due under this Agreement and such failure continues for ten (10) days; (ii) In the event that the other party fails or refuses to perform any other obligation required under this Agreement, and such failure or refusal continues for thirty (30) days after written notice thereof; or (iii) In the event that the other party files any bankruptcy petition, has any banlxuptcy petition filed against it, makes any assignment of its assets for the benefit of creditors, or admits in writing its inability to pay its debts as they become due. (b) Termination for Convenience. Upon thirty (30) calendar days written notice to NAPA, CUSTOMER may, without cause and without prejudice to any other right or remedy, terminate this Agreement for CUSTOMER's convenience. Where the Agreement is terminated for the convenience of CUSTOMER, the notice of termination to NAPA, must state that the Agreement is being terminated for the convenience of CUSTOMER under this termination clause and the effective date of the termination. Likewise, upon sixty (60) calendar days written notice to CUSTOMER, NAPA may, without cause and without prejudice to any other right or remedy, terminate this Agreement for NAPA's convenience. Where the Agreement is terminated for the convenience of NAPA, the notice of termination to CUSTOMER, must state that the Agreement is being terminated for the convenience of NAPA under this termination clause and the effective date of the termination. NAPA shall be paid for the services up to and including the effective date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. NAPA shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 13. EFFECT OF TERMINATION. Immediately upon termination, expiration, or non -renewal of this Agreement for any reason: (a) All duties, responsibilities and other obligations of each party hereunder shall terminate, except for the payment of any amounts due and owing to NAPA at the time of termination, expiration, or non -renewal. (b) Each party shall immediately return to the other party all equipment, software, books, records, tools and any other personal property owned by the other party that are in such party's possession. CUSTOMER shall allow NAPA full and unrestricted access to enter into the On Site Store(s) and immediately remove all equipment and other items of personal property owned by NAPA without being deemed guilty of trespass or any other violation of the law. All inventory records, sales history, sales analysis and all other information generated by NAPA under this Agreement will be returned to CUSTOMER. Sourcewell Contract 785 Nothing contained in this Section shall be deemed a waiver of, or in any other manner impair or prejudice, any other legal rights that either party may have against the other party for any breach of this Agreement. The provisions and obligations of Sections 9, 11, 13, 14, 15, 16, and 22 shall survive the termination, expiration, or non -renewal of this Agreement for any reason. 14. BUY-BACK OF INVENTORY. Upon termination, expiration, or non- renewal of this Agreement, NAPA shall have the option to require CUSTOMER to purchase all non -NAPA Inventory owned by NAPA and located in each On Site Store at NAPA's On Site Store's current product acquisition cost, and CUSTOMER shall have the option to purchase all NAPA Inventory, owned by NAPA and located in each On Site Store at the Current NAPA Jobber Acquisition Cost. Upon CUSTOMER's request, NAPA shall provide CUSTOMER with a listing of all NAPA and non -NAPA Inventory owned by NAPA and located in the On Site Store(s). CUSTOMER INITIALS: 15. INDEMNIFICATION. NAPA shall be responsible for and shall indemnify and hold CUSTOMER harmless from and against all damages, claims or demands that may, during the term of this Agreement, arise or be occasioned by the negligent or intentional acts of NAPA or NAPA's employees. 16. NOTICES. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be hand -delivered in person or sent by overnight mail through a reputable service, or by certified mail, return receipt requested, to the addresses set forth below: As to NAPA: 2999 Wildwood Parkway Atlanta, GA 30339 Attn: General Counsel As to CUSTOMER: Legal (Breach) 4th Floor City Hall 100 E Ocean Ave. Boynton Beach, FL 33435 Finance (Notifications) 4th Floor City Hall 100 E Ocean Ave. Boynton Beach, FL 33435 Invoices (Public Works) 222 NE 9th Ave. Sourcewell Contract 786 Boynton Beach, FL 33435 Each such notice shall be deemed delivered (i) on the date of receipt if delivered by hand or overnight courier service or (ii) on the date three (3) business days after depositing with the United States Postal Service if mailed by registered or certified mail. Either party may change its address specified for this notice by giving the other party at least ten (10) days written notice in accordance with this Section 16. 17. FORCE MAJEURE / DAMAGE OF PREMISES. (a) Whenever performance by either party of any of their respective obligations (other than the obligation to make payment of money due hereunder) is substantially prevented by reason of any act of God, other industrial or transportation disturbance, fire, floods, riots, acts of enemies, national emergencies, pandemics, or by any other cause not within the reasonable control of such party and not occasioned by its negligence, then such performance shall be excused and the performance of such obligations under this Agreement shall be suspended for the duration of such prevention and for a reasonable time thereafter; provided that the foregoing in this Section 17 shall not apply to obligations relating to the payment of money. (b) NAPA may terminate this Agreement immediately in the event that the CUSTOMER'S premises are damaged by any casualty, or such portion of the premises is condemned by any legally constituted authority, such as will make the CUSTOMER's premises unusable for the On Site Store(s) in the reasonable judgment of NAPA. 18. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective officers, directors, employees, successors and assigns. Notwithstanding the foregoing, the rights and obligations of either party to this Agreement may not be assigned without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld. 19. AMENDMENTS. No amendment to this Agreement shall be binding on either party hereto unless such amendment is in writing and executed by both parties with the same formality as this Agreement is executed. 20. NO WAIVER OF RIGHTS. No failure of either party hereto to exercise any power given such parry hereunder or to insist upon strict compliance by the other party to its obligations hereunder, and no custom or practice of the parties in variance with the terms hereof, shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Notwithstanding the same, only waivers made in writing shall be valid and enforceable. 21. LIMITATIONS ON RIGHTS OF THIRD PARTIES. All obligations of a party under this Agreement are imposed solely and exclusively for the benefit of the Sourcewell Contract 787 parties, and no other person shall, under any circumstances, be deemed to be a beneficiary of such obligations. 22. LIMITATION OF LIABILITY. WHILE NOT APPLICABLE TO BREACHES OF CONFIDENTIALITY PROVISIONS, THE PARTIES HEREBY DISCLAIM ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES IN ANY WAY RELATED TO THIS AGREEMENT, THEIR OTHER BUSINESS RELATIONSHIPS, OR THE TRANSACTIONS CONTEMPLATED HEREIN. 23. INDEPENDENT CONTRACTOR. The parties hereto are independent contractors. Nothing in this Agreement shall create or shall be deemed to create any fiduciary relationship or the relationship of principal and agent, partnership, joint venturers or any other similar or representative relationship between the parties hereto. 24. CHOICE OF LAW. This Agreement shall be construed and interpreted under the laws of the State of Florida. 25. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 26. SECTION HEADINGS. Section titles or captions contained herein are inserted only as a matter of convenience for reference and in no way define, limit, extend, or describe the scope hereof or the intent of any provision hereof. 27. SEVERABILITY. In the event any part of this Agreement shall be finally determined by a court of law to be illegal or unenforceable for any reason, then that illegal or unenforceable part shall be severed from the Agreement, and the remaining terms shall continue in full force and effect. 28. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto and no prior representation, inducement, promise or agreement, oral or written, between the parties not embodied herein shall be of any force and effect. 29. AMENDMENT TO INTEGRATED SUPPLY AGREEMENT. Simultaneous with the execution of this Agreement, NAPA and CUSTOMER shall execute that certain Amendment to Integrated Supply Agreement dated as of even date herewith, attached hereto as Exhibit D. 30. REQUIRED TERMS AND CONDITIONS PER FLORIDA STATUTE. NAPA shall comply with those certain required terms and conditions per Florida Statute which are set forth on Exhibit E attached hereto. [Signatures Appear on Next Page] Sourcewell Contract 788 IN WITNESS WHEREOF, the parties hereto cause their hands and seals to be affixed by their duly -authorized representatives effective as of the date and year first above written. GENUINE PARTS COMPANY By: Name: Title: CITY OF BOYNTON BEACH, FLORIDA By: Name: Title: SOURCEWELL CONTRACT 789 EXHIBIT A ASSIGNMENT See attached. SOURCEWELL CONTRACT 790 ASSIGNMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, GENUINE PARTS COMPANY, a Georgia corporation (hereinafter "Assignor"), hereby assigns, transfers, sets over and delivers to [JOBBER], a (hereinafter "Assignee"), all of Assignor's rights, obligations and interest, including any options to renew or extend the contract term, in those certain location(s) as set forth below, as governed by the Integrated Supply Agreement dated by and between Genuine Parts Company and [CUSTOMER] (the "Integrated Supply Agreement"). Location(s): Assignee hereby accepts the assignment of the Integrated Supply Agreement, agrees to provide the services and perform all other obligations required to be performed by "NAPA" in said Integrated Supply Agreement at the times and in the manner set forth in said Integrated Supply Agreement, and shall be bound by all other terms, covenants and conditions of said Integrated Supply Agreement with regard to the location(s) set forth above, all with the same force and effect as if Assignee were originally named as "NAPA" therein. [CUSTOMER] hereby consents to the above assignment of the Integrated Supply Agreement on the terms set forth herein and hereby agrees to release and discharge Assignor from any further obligation or liability under the Integrated Supply Agreement and to look solely to Assignee as the responsible party under the Integrated Supply Agreement for all liabilities or obligations arising from and after the effective date of this assignment. The parties hereto agree that the assignment as set forth herein shall be effective as of 12:01 a.m. on [Signatures appear on following page] Sourcewell Contract 791 IN WITNESS WHEREOF, the undersigned have set their hands this day of , 20 ASSIGNOR: ASSIGNEE: GENUINE PARTS COMPANY [JOBBER] By: Name: Its: Agreed and acknowledged: [CUSTOMER] By: Name: Its: Sourcewell Contract By: Name: Its: 792 EXHIBIT B SAMPLE PROFIT AND LOSS STATEMENT See attached. SOURCEWELL CONTRACT 793 EXHIBIT C SOURCEWELL CONTRACT A copy of the Sourcewell contract may be found at: https://www.sourcewell- mn.gov/cooperative-purchasing/l 10520-gpc. SOURCEWELL CONTRACT 794 EXHIBIT D AMENDMENT TO INTEGRATED SUPPLY AGREEMENT See attached. Sourcewell Contract 795 AMENDMENT TO INTEGRATED SUPPLY AGREEMENT BETWEEN GENUINE PARTS COMPANY AND CITY OF BOYNTON BEACH, FLORIDA THIS AMENDMENT TO INTEGRATED SUPPLY AGREEMENT (this "Amendment") is entered into this 1 st day of February, 2023 (the "Amendment Effective Date"), by and between GENUINE PARTS COMPANY, a Georgia corporation (d/b/a NAPA Auto Parts) ("NAPA"), and the CITY OF BOYNTON BEACH, FLORIDA ("CUSTOMER"). WHEREAS, NAPA and CUSTOMER are parties to that certain Integrated Supply Agreement dated as of February 1, 2023 (the "Agreement"); and WHEREAS, NAPA and CUSTOMER desire to amend the Agreement according to the terms set forth below. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NAPA and CUSTOMER hereby agree to amend the Agreement as follows: 1. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. 2. Section 7 of the Agreement is hereby deleted in its entirety and replaced with the following: 7. PAYMENT TERMS/PRICING. NAPA shall invoice the CUSTOMER for all Inventory purchased pursuant to this Agreement on a monthly basis according to the pricing plan below. CUSTOMER shall remit payment to NAPA for all invoices in accordance with the Florida Prompt Payment Act, s. 218.70, et seq., F.S. If CUSTOMER has not paid the entire amount of all statements received from NAPA within 10 days of the due date, CUSTOMER shall be put on COD until such amount is paid in full. No prompt pay discount is available under this Agreement. The overall objective of CUSTOMER's pricing plan is for: (i) NAPA to provide Products in accordance with the Pricing Plan Summary set forth below, (ii) NAPA to provide Outside Services in accordance with the Pricing Plan Summary set forth below, (iii) reimbursement by CUSTOMER of each On Site Store's operating expenses, and (iv) payment by CUSTOMER of the Management Fees (as defined below). By billing CUSTOMER for these four categories, NAPA's On Site Store(s) will achieve its target 9.1% net profit for the Agreement (the "Net Profit Target"). These categories are defined as follows: Sourcewell Contract 796 (a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; 2) "Non -NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA pursuant to this Agreement; 3) "Tire Price", which is the pricing of tires ("Tires") supplied to CUSTOMER under this Agreement; and 4) "Bulk Fluid Price," which is the pricing of a liquid product (i.e. oil, antifreeze, hydraulic fluid, etc.) stored in tanks or containers having an individual fill capacity of 50 gallons or more ("Bulk Fluid"). The pricing of NAPA Product, Non -NAPA Product, Tires, and Bulk Fluid shall be billed in accordance with the Pricing Plan Summary defined below. (b) Outside Services Price. Outside Services are those services not traditionally performed by NAPA. The pricing of Outside Services shall be billed in accordance with the Pricing Plan Summary defined below. (c) Operational Expenses. Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B ("Corporate Allocation Expenses") which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel Sourcewell Contract 797 to focus more attention on serving the On -Site Store operations, and maximizing on-site cost efficiency. (d) Management Fees. CUSTOMER shall be billed the Management Fees (as defined below) on a monthly basis in accordance with the terms below. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost Non -NAPA Product Billed to CUSTOMER at NAPA's current product Price acquisition cost Outside Services Price Billed to CUSTOMER at NAPA's cost Tire Price Tires that are NAPA branded or exist in NAPA's proprietary catalog system will be billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost. Tires that are non -NAPA branded or do not exist in NAPA's proprietary catalog system will be billed to CUSTOMER at NAPA's current product acquisition cost. Bulk Fluid Price Bulk Fluid that is NAPA branded or exists in NAPA's proprietary catalog system will be billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost. Bulk Fluid that is non -NAPA branded or does not exist in NAPA's proprietary catalog system will be billed to CUSTOMER at NAPA's current product acquisition cost. Operational Expenses Billed to CUSTOMER in accordance with Section 7(c) above. Management Fees Billed to CUSTOMER in accordance with the terms below Net Profit Target 9.1% net profit for the NAPA On Site Store(s) after Products, Outside Services, Operational Expenses, and Management Fees are billed to CUSTOMER. Sourcewell Contract 798 The pricing of NAPA Product, Non -NAPA Product, Tires, Bulk Fluids and Outside Services shall be billed in accordance with the Pricing Plan Summary defined above. Operational Expenses will be charged to CUSTOMER in accordance with Section 7(c) above, with all such charges for Operational Expenses to be included in CUSTOMER's monthly billing statement. CUSTOMER will be billed at the end of each month for Operational Expenses on an "in arrears" basis. Additionally, CUSTOMER shall pay to NAPA on a monthly basis the following management fees (collectively, the "Management Fees"): i) NAPA Product, Non -NAPA Product, and Outside Services with an acquisition cost less than $2,500 per unit: CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to ten percent (10%) of the total dollar amount of all NAPA Products, Non -NAPA Products, and Outside Services with an acquisition cost less than $2,500 per unit sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. ii) NAPA Product, Non -NAPA Product, and Outside Services with an acquisition cost equal to or greater than $2,500 but less than $5, 000 per unit: CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to seven percent (7%) of the total dollar amount of all NAPA Products, Non -NAPA Products, and Outside Services with an acquisition cost equal to or greater than $2,500 but less than $5,000 per unit sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. iii) NAPA Product, Non -NAPA Product, and Outside Services with an acquisition cost equal to or greater than $5, 000 per unit: CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to five percent (5%) of the total dollar amount of all NAPA Products, Non -NAPA Products, and Outside Services with an acquisition cost equal to or greater than $5,000 per unit sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. iv) Tires: CUSTOMER shall pay to NAPA a management fee equal to five percent (5%) of the total dollar amount of all Tires sold to the CUSTOMER during the preceding month at the Tire Price (as set forth in the pricing plan summary above) less purchase returns. v) Bulk Fluid: CUSTOMER shall pay to NAPA a management fee equal to five percent (5%) of the total dollar amount of all Bulk Fluid sold to the CUSTOMER during the preceding month at the Bulk Fluid Price (as set forth in the pricing plan summary above) less purchase returns. Sourcewell Contract 799 By way of example and in an effort to provide clarity to the above management fee structure, if three batteries (batteries x, y, and z) were sold to CUSTOMER under a single order and battery x had an acquisition cost of $1,500, battery y had an acquisition cost of $3,000 and battery z had an acquisition cost of $5,500, battery x would be assessed the 10% management fee, battery y would be assessed the 7% management fee and battery z would be assessed the 5% management fee. For the avoidance of any doubt, acquisition cost as used in this Management Fees paragraph means Current NAPA Jobber Acquisition Cost for NAPA Products, NAPA's current product acquisition cost for Non -NAPA Products and NAPA's cost for Outside Services. 3. Except as amended herein, all other terms and conditions of the Agreement shall remain unaltered and the Agreement remains in effect, enforceable against each of the parties and is hereby ratified and acknowledged by each of the parties. 4. This Amendment and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law rules. 5. This Amendment may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. [Signatures appear on following page / Remainder of page intentionally left blank] Sourcewell Contract 800 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be made and executed by their duly -authorized representatives effective as of the Amendment Effective Date. GENUINE PARTS COMPANY By: Name: Title: CITY OF BOYNTON BEACH, FLORIDA By: Name: Title: Sourcewell Contract 801 EXHIBIT E REQUIRED TERMS AND CONDITIONS PER FLORIDA STATUTE See attached. Sourcewell Contract 802 ATTACHMENT 1 CONTRACT RFP # 110520 Sourcewell and Genuine Parts Company d.b.a. NAPA Integrated Business Solutions 803 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC ::)o tA r"C-ew,6[�� , Solicitation Number: RFP #110520 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Genuine Parts Company d.b.a. NAPA Integrated Business Solutions, 2999 Wildwood Parkway, Atlanta, GA 30339 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 29, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Rev. 8/2020 804 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. All products supplied to a Participating Entity under the Contract are subject to the terms of written warranties provided by the manufacturer of each product, and Vendor shall use reasonable commercial efforts to assist the Participating Entity in processing all warranty claims that the Participating Entity may have against a manufacturer. The manufacturer's warranty will be the sole and exclusive remedy of the Participating Entity in connection with any claims concerning the products supplied under the Contract. Copies of the manufacturers' warranties will be made available to the Participating Entity upon request. Vendor will pass through all available warranty benefits from the applicable manufacturer to the Participating Entity to the extent permitted by contract or law. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 8/2020 805 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 8/2020 806 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 8/2020 4 807 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity's order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 8/2020 808 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the Rev. 8/2020 809 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC address above "Attn: Accounts Receivable." Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. Rev. 8/2020 810 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of violation of applicable patent or copyright laws related to intellectual property rights owned, or represented as owned, by Vendor. Vendor will not provide copyright, trademark, or patent indemnity to Sourcewell or its Participating Entities for Equipment or Products supplied under the Contract which Vendor does not manufacture. Vendor will use reasonable commercial efforts to assist the Participating Entity in prosecuting any infringement indemnification claim against the applicable manufacturer. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: Rev. 8/2020 811 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6ADOC1 B3B9DD 110520 -GPC a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. Rev. 8/2020 812 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: Rev. 8/2020 10 813 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages permitted by the Contract. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate Rev. 8/2020 11 814 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or Rev. 8/2020 12 815 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 8/2020 13 816 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications provided that any such additional requirements must be accepted in writing by Vendor for any such requirements to be binding on Vendor. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report Rev. 8/2020 14 817 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Rev. 8/2020 15 818 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. Vendor does not guarantee compliance with the Buy American Act, except as may be negotiated with the Participating Entity on a case-by-case basis where compliance is required. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. Rev. 8/2020 16 819 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 110520 -GPC L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Vendor does not guarantee compliance with Section 6002 of the Solid Waste Disposal Act, except as may be negotiated with the Participating Entity on a case-by-case basis where compliance is required. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSig�n"ed by, By:COFD2A139D06489... Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: 12/21/2020 1 12:19 PM CST Apprnvpri fD,occuSSAigned by: YI�VW 7E4268F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 12/23/2020 1 11:40 AM CST Rev. 8/2020 Genuine Parts Company d.b.a. NAPA Integrated Business Solutions By:EDocuSigned by: � 6A,2 /� 5... Jett Kuntz Title: Vice President NAPA Fleet & IBS Date: 12/23/2020 1 7:25 AM PST 17 820 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD RFP 110520 - Fleet and Facility Related Vendor Managed Inventory and Logistics Management Solutions Vendor Details Company Name: Genuine Parts Company - NAPA Integrated Business Solutions Does your company conduct business under any other name? If NAPA Auto Parts, NAPA IBS yes, please state: Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 821 2999 Wildwood Parkway Address: Atlanta, GA 20229 Contact: Jett Kuntz Email: jett_kuntz@genpt.com Phone: 770-855-2221 HST#: 58-0254510 Submission Details Created On: Thursday September 17, 2020 08:59:24 Submitted On: Wednesday November 04, 2020 13:44:42 Submitted By: Jett Kuntz Email: jett_kuntz@genpt.com Transaction #: e59f1323-082e-4ac8-a098-20b0fad79e43 Submitter's IP Address: 104.225.162.124 Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 821 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (and Genuine Parts Company d.b.a. NAPA Integrated Business Solutions applicable d/b/a, if any): 2 Proposer Address: Genuine Parts Company 2999 Wildwood Parkway Atlanta, GA 30339 3 Proposer website address: www.NAPA-IBS.com 4 Proposer's Authorized Jett Kuntz Representative (name, title, Vice President, NAPA Fleet & IBS address, email address & phone) 2999 Wildwood Parkway (The representative must have Atlanta, GA 30339 authority to sign the "Proposer's Jett_Kuntz@genpt.com Assurance of Compliance" on (770) 855-2221 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Jett Kuntz proposal (name, title, address, Vice President, NAPA Fleet & IBS email address & phone): 2999 Wildwood Parkway Atlanta, GA 30339 Jett—Kuntz@genpt.com (770) 855-2221 6 Proposer's other contacts for this Tim Crowe proposal, if any (name, title, NAPA IBS Marketing Coordinator address, email address & phone): 7150 South Fulton Street, Suite #300 Centennial, CO 80112 Tim_Crowe@genpt.com (720) 822-1264 Ryan Ouellette Director IBS Operations 2999 Wildwood Parkway Atlanta, GA 30339 Ryan _Ouellette@genpt.com (678) 934-5302 Table 2: Company Information and Financial Strength Line Question Item Response* Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 822 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. What are your company's expectations in the event of an award? Genuine Parts Company, founded in 1928, is a Fortune 200 (NYSE: GPC) service organization engaged in the distribution of automotive replacement parts, industrial replacement parts and electrical/electronic materials. In 1928, Carlyle Fraser founded GPC with the purchase of Motor Parts Depot in Atlanta, Georgia for $40,000. He then renamed the parts store Genuine Parts Company. The original GPC store had annual sales of $75,000 and had only six employees. Over the last 92 years, GPC, in relationship with NAPA, has grown rapidly as the number of independent car repair garage shops has increased. From the beginning, GPC stressed swift, reliable service as a way to outflank the competition. GPC has continued to grow through the acquisition of other companies in the automotive and industrial industries. Today, the Company serves tens of thousands of customers from more than 3,600 operations in the United States, Canada, Mexico, Australia, New Zealand, Indonesia, Singapore, France, the U.K., Germany, Poland, the Netherlands, Belgium and China and has approximately 50,000 employees and annual revenues exceeding $19 billion. In 1994, NAPA instituted a vendor managed inventory program called NAPA Integrated Business Solutions (NAPA IBS), bringing fleet inventory management solutions to government customers across the US and Canada. Today, NAPA IBS supports more than 400 fleet garages across the public and private sectors. With more than 92 years of distribution expertise, CPC's commitment and reputation for just -in -time service position us as a critical partner in our customers' success. Our first order of business, if awarded, will be to renew/extend each of our 50+ current Sourcewell IBS contracts to the allowable timeframe. In 2015 when Genuine Parts Company responded to the RFP for the current Sourcewell contract #061015, we had 17 IBS operations using the contract. In the past five years, we have worked tirelessly to grow the contract and today have more than 50 IBS customers using it. Our current customers have seen the benefits and are eager to continue the completely integrated programs we have begun over the last decade. We are already working on providing our team of 15 IBS sales and marketing specialists in the US and Canada with initiatives to reach out to these customers in anticipation of an award. Our next order of business upon award would be a large-scale campaign to recruit new government agencies to our contract. We currently have 20+ new agencies awaiting award to begin using a new Sourcewell contract term. We already have specific digital tracking of Sourcewell contract opportunities through Salesforce.com and customized pipeline reporting and will be creating a Sourcewell customer testimonial and promotional video series and more that we will discuss in greater depth in our Marketing Plan responses. We will present the new contract to these 20+ agencies within the first 45 days after award. When looking at the government fleet sector, we have identified more than $500 million in potential new sales opportunity through NAPA IBS VMI services. With a new Sourcewell contract award, we estimate that we can achieve double the sales volume that we are doing today through new government contracts. Finally, we have more than 100 current IBS government customers in the US and Canada that are not currently using the Sourcewell cooperative for our contract. In the light of our current pandemic, we feel there will be many of these agencies who will be looking for contract solutions to keep our partnerships going with minimal effort and interruption. Our number one priority for these customers is to promote the Sourcewell contract as a vehicle to forego the RFP process when our current contracts come up for rebid. We feel good about our opportunities to convert many of these to Sourcewell contracts upon award. On another note, we are also currently working to drive Sourcewell revenues through our other related Sourcewell contracts, including MRO management and fleet auto parts, further strengthening our relationship with Sourcewell and our mutual business impact. All in, the opportunity to more than double our existing contract base using Sourcewell is our main objective with a new award. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 823 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 9 Demonstrate your financial strength and Founded in 1928, Genuine Parts Company has had more than 90 years of financial stability with meaningful data. This could growth and operational stability. This strength brings confidence to Sourcewell include such items as financial statements, members who want to know they are doing business with a company that is here to SEC filings, credit and bond ratings, letters support them long term. of credit, and detailed reference letters. Upload supporting documents (as applicable) Today, GPC is a leading global distributor with scale and brand strength. We have a in the document upload section of your strong track record of strategic acquisitions to drive growth in large, fragmented response. addressable markets where we can leverage our distribution expertise, efficiencies and shared services across our portfolio of businesses. We continuously optimize our portfolio and organizational structure for profitable growth and year over year maintain a strong balance sheet, cash flow, disciplined capital allocation and history of consistent dividends. In 2019, we continued to grow through several strategic transactions designed to optimize our portfolio and create value for our stakeholders. All in, 2019 was a record sales year and we provided our shareholders with a 14.0% total return. Our financial results in 2019 reflect the positive impact of our strategic growth initiatives and continued focus on improving our operating performance, maintaining a strong balance sheet, driving meaningful cash flows and effective capital allocation. In 2020, the COVID-19 crisis has affected business and governments across the world and GPC has felt some of these effects as well. However, by focusing on the health and safety of our people and supporting agility in our operations, we have come through this stronger than ever and continue to grow. Overall, GPC has a strong history of sales and profit growth, increasing sales in 87 consecutive years and profits in 75. Additionally, 2020 marks our 64th consecutive year of increased dividends to our shareholders. For further information and documentation, please find our 2019 annual report in the document upload section of this response. 10 What is your US market share for the With more than 400 IBS locations across the US, GPC/NAPA has an estimated 80 solutions that you are proposing? percent market share in the scope of the government vendor managed inventory services outlined in this RFP. 11 What is your Canadian market share for the Within current government agencies that are doing vendor managed inventory solutions that you are proposing? programs in Canada, NAPA IBS has an estimated 90 percent market share. With 22 IBS sites across the country, including our cornerstone Sourcewell contract with the City of Toronto and eight other government IBS contract, our Canada operations are experienced and ready to grow their Sourcewell IBS footprint. 12 Has your business ever petitioned for No, Genuine Parts Company has never petitioned for bankruptcy protection in our 92 - bankruptcy protection? If so, explain in detail. year history. 13 How is your organization best described: is it Our company is both a distributor/dealer/reseller and a service provider with respect a manufacturer, a distributor/dealer/reseller, or to this contract and is authorized to act as such for the products and services a service provider? Answer whichever proposed in this RFP. question (either a) or b) just below) best applies to your organization. Distributor/Dealer/Reseller: GPC/NAPA has an internal supply chain of NAPA branded a) If your company is best described as a aftermarket parts and supplies that we distribute through our 52 distribution centers distributor/dealer/reseller (or similar entity), and 6,000+ retail stores in the US and eight distribution centers and 600+ retail provide your written authorization to act as a locations in Canada. These stores are a mix of company-owned and independent distributor/dealer/reseller for the manufacturer locations that exclusively are authorized to distribute aftermarket NAPA branded parts. of the products proposed in this RFP. If In addition, NAPA Integrated Business Solutions (NAPA IBS) is a separate service applicable, is your dealer network offering that is made available through both our company-owned and independent independent or company owned? operations. NAPA IBS is a trademarked, licensed brand exclusive to the NAPA family b) If your company is best described as a of stores. Through contractual assignment language, we are able to authorize our manufacturer or service provider, describe independent locations to perform the exact same services proposed within our your relationship with your sales and service response and have done so multiple times under our current contract. force and with your dealer network in delivering the products and services proposed Additionally, in order to best serve our Sourcewell customers, we have a vast in this RFP. Are these individuals your network of more than 1,400 outside suppliers available exclusively through our NAPA employees, or the employees of a third party? IBS network, that we partner with to be a full service, turnkey sourcing solution for government fleets that require more product than the NAPA system alone can provide. In these cases, we act as a service provider in procuring parts and managing those vendor relationships. All functions of this work are done by GPC employees or independent store employees. Typically, we do not hire third -party employees on any contracts unless specifically asked for by a government agency. 14 If applicable, provide a detailed explanation Genuine Parts Company holds current business licenses to operate, as well as brick - outlining the licenses and certifications that and -mortar infrastructure, in each of the 50 states as well as Canada. With our are both required to be held, and actually company and independent store network, it is important to note that NAPA has held, by your organization (including third current business licenses to do business in more than 6,000 markets with existing parties and subcontractors that you use) in Sourcewell members today. What this means to the members is that there are local pursuit of the business contemplated by this businesses with tax paying citizens working in those markets ready to serve them RFP. today. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 824 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD 15 Provide all "Suspension or Debarment" Genuine Parts Company has not had any suspension or debarment action applied to information that has applied to your our organization in the past ten years. organization during the past ten years. Table 3: Industry Recognition & Marketplace Success Line Item Question Response" 16 Describe any relevant industry awards or In 2019, Jett Kuntz, Vice President of NAPA IBS, was awarded the Sourcewell recognition that your company has received Pioneer award at Sourcewell's H2O conference for his vision, commitment and drive in the past five years to grow the current Sourcewell VMI contract. In the last five years, the contract has grown exponentially through Jett's and the IBS team's commitment to cooperative purchasing. In their press release announcing the award, Sourcewell stated: "Jett has supported Sourcewell's mission beyond cooperative purchasing. He shows great respect for other people in a manner that is rarely as authentic and genuine. He is committed to the cause, confident in supporting what they commit to, and willing to go where others cannot see a way. And like the other Sourcewell Pioneers, he has always been willing to share information and ideas with fellow vendors to help them grow their contracts. He was part of our 1st Vendor Advisory Committee and remains an active committee member helping guide our growth and represent the vendor voice as we plan for Sourcewell's future." Our vendor managed inventory services with IBS are also awarded with the successes of our customers. Over the past 26 years our NAPA IBS customers have received hundreds of local and national awards. In Government Fleet Magazine's 2019 Leading Fleet Awards, the following fleet organizations received awards of operational excellence and have attributed part of their success to NAPA IBS. These awards are given to the best fleets, all of the below being current NAPA IBS customers and many of which being Sourcewell members, for their use of industry best practices, forward -thinking initiatives and in many cases revolutionary contracting solutions. This is one of the highest honors in government fleet business. Current NAPA IBS Customers Awarded as Leading Fleets in 2019 (in alphabetical order): City of Cape Coral, Fla. City of Denton, Texas City of Dublin, Ohio City of Fort Worth, Texas City of Greenville, S.C. City of Lakeland Fleet Management, Fla. City of Sacramento, Calif. City of Tempe, Ariz. City of Ventura, Calif. County of San Diego County of San Luis Obispo, Calif. County of Sonoma, Calif. Hillsborough County, Fla., Fleet Management Department New York City Fleet Ventura County, Calif., GSA Fleet Services Current NAPA IBS Customers Mentioned as Notable Fleets in 2019 (in alphabetical order): Broward County Sheriffs Office, Fla. City of Grand Prairie, Texas City of Marietta, Ga. City of West Jordan, Utah Cobb County Fleet Management, Ga. New York City Department of Transportation New York City Police Department Pasco County, Fla. Sarasota County Government, Fla. 17 What percentage of your sales are to the Of our 400+ IBS locations, Government (City, County, State, DOT, Government Utility) governmental sector in the past three years and Education (Higher Ed/K-12) comprise about 60 percent of our overall purchase volume in vendor managed inventory services. Of that government market, approximately 80 percent is traditional government and 20 percent is education. We also have very large customers in the private sector (airlines, construction, utility, private fleets) that are a significant portion of our IBS services. It is a tremendous value to our government customers that we have information on vendors from our private sector business as it broadens the scope of availability on OE and MRO supplies for our government and education fleet customers. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 825 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 18 What percentage of your sales are to the education sector in the past three years Our education customers can be divided into K-12 bus fleets and higher education fleets. Traditional K-12 fleets have been the majority of purchases for us in the last three years. However, we have seen a significant uptick in Sourcewell members in the higher education category contracting with us. Of our total government volume, education is roughly 20 percent of our sales. 19 List any state, provincial, or cooperative NAPA has a mix of state, provincial and cooperative purchasing contracts that make purchasing contracts that you hold. What is up our government business segment. We have 40 standalone and cooperative state the annual sales volume for each of these contracts for traditional automotive parts. Within the scope of vendor managed contracts over the past three years? inventory services, we also have state and cooperative contracts that provide the specifications required by this RFP. A summary of each type of contract we currently hold is below. Traditional Parts Business: Direct Contracts with States (no coop): Total average annual contract value past 3 years = $36.5 million State of Delaware State of Georgia State of Idaho State of Iowa State of Massachusetts State of Mississippi State of New Jersey State of Utah State of Virginia State of W. Virginia Cooperative Contracts: NASPO: 18 States Total avg. annual contract value past 3 years = $35 million Sourcewell: 3 States + Individual Cities Total avg. annual contract value past 3 years = $25 million Vendor Managed Inventory (IBS) Business: Direct Contracts with States (no coop: Total average annual contract value past 3 years = $33.8 million State of Arizona State of Illinois State of Kansas State of Ohio Cooperative Contracts: Sourcewell: 3 States Total average annual contract value past 3 years = $12.0 million State of Georgia State of Illinois State of Massachusetts 20 List any GSA contracts or Standing Offers NAPA IBS holds no GSA contracts. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three Years? Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 826 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6ADOC1 B3B9DD Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name* Contact Name Phone Number* City of Sacramento, CA Mark Stevens 916-808-5869 Department of Public Works Fleet Manager Fleet Division mstevens@cityofsacramento.org City of Ventura, CA Mary Joyce Ivers 805-701-7315 Public Works Department Deputy Public Works Director mjivers@cityofventura.ca.gov Polk County, FL Robert Biller 863-534-5660 Fleet Management Division Director, Fleet Management robertbiller@polk-county.net We have additional letters of We have additional letters of recommendation for all We have additional letters of recommendation for all three references three references attached in the supplemental document recommendation for all three attached in the supplemental document upload section of this response. references attached in the upload section of this response. supplemental document upload section of this response. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 827 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type State / k Province Scope of Work * Size of Transactions " Dollar Volume Past Three Years Chicago Government Illinois - IL Vendor managed inventory Multi-year contract. Agency 2020 YTD: $55,365,549 Transit Authority services. Master warehouse that is billed a monthly fee for 2019: $70,838,159 services 20 City bus and rail operational expenses. 2018: $68,722,731 garages for the second-largest Separate billing is transit authority in the US. provided for all parts and supplies procured monthly through the contract. Parts transactions number in the thousands as we source through hundreds of vendors. City of Government Illinois - IL Vendor managed inventory Multi-year contract. Agency 2020 YTD: $20,323,676 Chicago Fleet services for 14 on-site parts is billed a monthly fee for 2019: $28,098,757 rooms servicing the City's fire, operational expenses. 2018: $27,280,538 police, sanitation, parks, aviation Separate billing is and general fleets. provided for all parts and supplies procured monthly through the contract. Parts transactions number in the thousands as we source through hundreds of vendors. City of New Government New York -NY Vendor managed inventory Multi-year contract. Agency 2020 YTD: $19,639,682 York Fleet services for 17 on-site parts is billed a monthly fee for 2019: $23,925,781 rooms servicing the City's fire, operational expenses. 2018: $20,285,905 police, sanitation, DOT, parks, Separate billing is corrections and general fleets. provided for all parts and supplies procured monthly through the contract. Parts transactions number in the thousands as we source through hundreds of vendors. Ohio Government Ohio - OH Vendor managed inventory Multi-year contract. Agency 2020 YTD: $19,899,819 Department of services with onsite personnel in is billed a monthly fee for 2019: $21,439,285 Transportation each of 12 DOT districts operational expenses. 2018: N/A servicing more than 100 downline Separate billing is shops statewide supporting all provided for all parts and DOT fleet operations, including supplies procured monthly snow removal, mowing, highway through the contract. Parts maintenance and more. transactions number in the thousands as we source through hundreds of vendors. City of San Government California - CA Vendor managed inventory Multi-year contract. Agency 2020 YTD: $8,979,109 Diego Fleet services for current Sourcewell is billed a monthly fee for 2019: $11,622,621 customer with an on-site parts operational expenses. 2018: $11,076,795 room with single -source delivery Separate billing is service to 11 garages supporting provided for all parts and the City's police, fire, public supplies procured monthly works, sanitation, parks, golf through the contract. Parts course and utility fleets as well transactions number in the as MRO products. thousands as we source through hundreds of vendors. Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 828 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Item Question Response 23 I Sales force. NAPA IBS has 100% coverage of the US through full-time NAPA IBS dedicated sales representatives across our 6 automotive company divisions: Our NAPA IBS United States Sourcewell sales force includes 16 Sourcewell sales execution specialists: Eastern Division — Terry Ryan, Lis Malysa — CT, DE, MA, ME, NH, NJ, NY, PA, RI, VT Mid -Atlantic Division — Josh Peters, Ron Nelson, Steve McNeal, Dan Bigham and Rich Huzi — DC, IN, KY, MD, NC, OH, PA, SC, TN, VA, WV Mountain Division — Dale Clark, Hunter Beal, Vicky Donio — AK, CO, ID, MT, OK, ND, NM, SD, TX, UT, WA, WY Midwest Division — Steve Brisco, John Marchese — IA, IL, KS, MI, MN, MO, NE, WI Southeast Division — Peter Purpura, Mark Smith — AL, AR, FL, GA, LA, MS, TN Western Division — Mike Picardi, Robert Sperry - AZ, CA, HI, OR, NV, WA In addition to our dedicated sales force in the US, we have local teams in every major market that are knowledgeable about and invested in promoting the Sourcewell program. Our local General Managers, District Managers, Commercial Sales Managers, Wholesale Managers and Area Managers make up another 250+ NAPA team members who are tasked with growing this contract. Napa will be also supporting the Sourcewell contract amongst 4 regions across Canada. Below is an organizational breakdown that demonstrates how it will be supported in the Atlantic, Quebec, Ontario and the Western region. Central & East Regions — Stephanie Cooney -Mann — ON, MB, NS, PEI, NB, NF Quebec Region — Pierre Berthiaume - QC West Region - Troy Sawada — BC, AB, SK NAPA IBS Headquarters Sourcewell Contract Support — United States Jett Kuntz - Corporate Vice President NAPA IBS • Responsible for all business category segments of IBS sales and operations including, project implementation, personnel development, operations, contracts, software integrations and marketing • Senior, single point of contact for all Sourcewell contract questions Ryan Ouellette - Director of Operations — NAPA IBS • Responsible for building a rock -solid operations platform to enhance our current operations and assist the roll-out of new locations Tim Crowe — Marketing Coordinator — NAPA IBS • Manages NAPA IBS Digital Marketing and Salesforce.com database efforts • Coordinates Digital Marketing for Sourcewell publicity and marketing efforts Matt Chapman - IBS Inventory Control Manager • Manages NAPA IBS national "Vendor Spend" analysis • Identifies reasonably achievable pricing cost schedules by supplier and/or industry • Identifies targets for potential national vendor buying agreements • Coordinates non -NAPA product line database to promote national inventory and sales reporting • Reviews opportunities to move unproductive inventory to other IBS sites reducing obsolescence • Provides feedback and input on IBS inventory control improvements Eric Maurey — IBS Operations Manager • Establishes and provides oversight of standardized procedures • Reviews operational initiatives for increased efficiencies • Reports to upper management on operational key performance indicators (KPIs) of our group • Establishes and reviews corporate IBS Policies and disperses them to the field • Oversees implementation of service and accountability initiatives • Sourcewell audit reporting reconciliation specialist Collin Garner - IBS Legal Counsel • Reviews all documents before we execute an RFP response, contract change or new agreements • Negotiates and coordinates all Sourcewell and IBS contract documents Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 829 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Donna Wright -Walsh — IBS IT Director • Maintains relationships with major fleet software providers • Oversees all software integration and IT reporting efforts • Reviews new technology issues to improve platform compatibility NAPA IBS Headquarters Sourcewell Contract Support — Canada Gerry Tadeo — Director, IBS Store Operations • Responsible for all business category segments of IBS sales and operations including, project implementation, personnel development, operations, contracts, software integrations • Responsible for building a rock -solid operations platform to enhance our current operations and assist the roll-out of new locations Darren Rest — Specialists, Bids & Quotes • Lead proposal development including RFPs, RFIs, RFQs and RFSOs, as well as maintaining pertinent related electronic documentation, managing proposal drafts and researching content. • Lead efforts to ensure accurate and effective logging, tracking, preparation and completion of high-quality proposals to support NAPA's sales activities. • Develop and foster relationships with Regional Specialists to capitalize on sales opportunities pertaining to Government & large Fleets. Barbara Schryver — IBS Inventory Coordinator • Coordinates non -NAPA product line database to promote national inventory and sales reporting • Reviews opportunities to move unproductive inventory to other IBS sites reducing obsolescence • Provides feedback and input on IBS inventory control improvements Martin Rolland — Uap Inc. Legal Counsel • Reviews all documents before we execute an RFP response, contract change or new agreements • Negotiates and coordinates all Sourcewell and IBS contract documents Gilles Desrochers — Director, Store Computing/Integration • Oversees all software integration and IT reporting efforts • Reviews new technology issues to improve platform compatibility Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 830 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD 24 Dealer network or other distribution methods. NAPA IBS promotes the Sourcewell vendor managed inventory contract to all of our 6,000+ stores nationwide. Our dealer network is broken out into 5,000 small business independent stores and 1,000 company-owned NAPA stores. These stores and our 400 unique vendor -managed locations are supported by our 52 master distribution centers that contain more than $1 billion of fleet parts and other replenishment inventory for our network. The value of this network to Sourcewell members lies in our ability to provide inventory, distribution and local support in any area of the US or Canada without having to incur excessive mobilization or freight times or charges. If a member wants to implement our services, chances are we already have boots on the ground in their location who are trained and ready to support them right away. Our network is available 365 days each year to get our customers the parts they need in the most efficient way possible. Our network starts with the 5,000 local, small business NAPA stores that support Sourcewell in the areas where they operate. Many municipalities, such as the City of Tuscaloosa, Ala., place a strong emphasis on supporting local businesses and our local NAPA network in the City helped them do just that. When they had a need for fleet parts support, they were able to use our Sourcewell VMI contract to not only capture the benefits of the IBS program, but also support our local NAPA store owner, Joseph Roberto, and his operation that consisted of employees who lived and worked in the City in which they were serving. Our internal independent NAPA network supports local, small business across the US and Canada, but that's just one way we do that. We also have dedicated efforts across our local operations and our corporate footprint as a whole to support minority- , women- and veteran -owned and disadvantaged businesses in all of our sourcing activity. Whether a contractual obligation or a good -faith effort, this is an important cornerstone of our community support policy for IBS. In addition to our 5,000 local small business independent NAPA stores, we have the strength of our corporate -owned distribution network backing up the IBS program across the country. These stores have the financial support of NAPA headquarters and are key hubs in providing reliable staffing and distribution to our Sourcewell member customers. They also take advantage of our sister companies like Motion Industries, all under the Genuine Parts Company organization, that provide non -fleet distribution across the US and Canada, including industrial supplies, office products, MRO products, equipment and more. Furthermore, NAPA Auto Parts partners with over 14,000 independent automotive repair shops to provide high quality automotive repair and maintenance parts to ASE service professionals. NAPA AutoCare is the largest network of independent mechanics in North America. So, if it is time for routine maintenance or if a Sourcewell member needs major repairs, there is a NAPA AutoCare ASE Certified mechanic nearby. NAPA is highly motivated in partnering Sourcewell members contracted with IBS with our independent network of repair facilities to increase their technician productivity and reduce asset downtime by contracting out certain jobs to local small business NAPA AutoCare facilities. Ensuring the same quality parts are being used on all Sourcewell members equipment and possibly reducing costs by reducing the need of overtime contract mechanics for automotive work. All of our stores, whether under corporate or independent ownership, have the ability to source and stock the products that our customers need, whether NAPA branded or sourced from our outside network. This provides members the choice of what fits their fleet and facilities operations best while still having the power of our network to provide it. We currently work with more than 1,300 outside vendors in the IBS program that supply a wide variety of product categories and provide a basis for comparison for our customers on price, quality and service so they know they are getting what they want for their dollars. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 831 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD 25 26 Service force. Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. NAPA employs thousands of store, area, district, divisional and national sales and operations professionals to help execute our IBS programs and put boots on the ground in all areas across the US and Canada. The dedicated sales and operations team outlined in question #23 are solely focused on business development, compliance, and operation in all IBS contract engagements in the US and Canada. In addition, they do offer road service and manage the contract process throughout the life of the contract for our company and dealer network for IBS services. They are involved in contract selling, contract negotiation, mobilization, initial vendor management, and project implementation. After the launch of our IBS locations, the IBS sales representative remains involved with the contract to ensure we are meeting benchmarking and key performance indicators for the customer. They are a vital part in bringing outside of market information to the fleets and maintenance facilities we service. Our IBS contract sales force are a mobile field -driven sales team and are available to service the customers at their locations and to assist our existing on-site parts management team in any endeavor. The following is a look at the overall process flow for selling and managing Sourcewell contracts, along with which teams are involved at each stage: 1. NAPA IBS HQ team sets standard operating procedures. 2. Sales force promotes the contract to customers. 3. Service force executes contracts and opens and manages sites. 4. Marketing team conducts regular business reviews to promote contract retention. 5. HQ team ensures compliance, reporting and overall growth. Our customer service process and procedure support breaks into three categories: Sourcewell Contract Sales Process (Pre -Contract), Sourcewell Contract Implementation/Project Startup Process (Post Contract), and Sourcewell "Live Project' Process (Continuous Improvement Process) ""Note** All resources listed in this section are already in place and immediately available to respond to the award and commitments of a Sourcewell contract and subsequent contract marketing, mobilization and implementation. Sourcewell Contract Sales Process — Pre Contract Our NAPA IBS Vice President — Jett Kuntz — and the team of 10 dedicated Sourcewell IBS contract sellers are responsible for selling and promoting Sourcewell IBS contracts to our thousands of prospective candidates to use the Sourcewell contract for our services. This team will promote the contract using the marketing tools listed in our RFP response. Their responsibility will be to work with fleet management, procurement, finance, accounting and administration to build the best -in - class total IBS solution customized for their specific contract. They will coordinate the contract details, work with local NAPA management teams on personnel, inventory and implementation. This team will do the hard core analytics with fleet and warehouse management to determine the best solution for the customer. NAPA IBS believes in face-to-face customer service — so our teams are dedicated to work directly with customers in their shops to help them build the best vendor managed strategy for their operation. In conjunction with our sales effort — GPC provides NAPA IBS with dedicated legal resources to expedite the contract negotiation and finalization process. Our legal contact — Collin Garner — is available as an immediate resource to Sourcewell, our sales team, and our Sourcewell contract members to answer questions and expedite documents for contracts. This has been a huge benefit for our Sourcewell customers because of the speed of response on contract questions and finalizations. Sourcewell Contract Implementation/Project Startup Process — Post Contract After a contract has been finalized — our entire IBS operations organization immediately kicks into gear as we mobilize the vendor managed on-site location. Our headquarters support team listed in question #23 of this response is in charge of implementing the new project and performs the following mobilization support tasks: 1) Databases Sourcewell contract in our in-house contract managing database 2) Establishes contract pricing in the new site 3) Coordinates IT efforts to support on-site point of sale and any special IT initiatives 4) Verifies reporting systems for Sourcewell contract reporting 5) Initializes our in-house on-line project management tools for the field 6) Reviews internal business plan proposal to ensure contract compliance 7) Finalizes specific key performance indicators and baseline benchmarks for our customer Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 832 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Next — our local field teams that will operate the day-to-day operations are mobilized according to the launch time -line of the project. The power of NAPA IBS is our phenomenal local support teams that execute the terms of our agreements. The support team that will work with our NAPA IBS sales team to mobilize the project include: Local mobilization teams are comprise of members of our company that execute an IBS contract site implementation that includes initial inventory of customer's fleet parts and supplies, staffing, training, reporting, vendor initialization, billing services, IT connection, and site planning. On company-owned locations, these efforts are led by our GPC District Manager and District Operations Manager for the particular market. NAPA has 50+ District Managers and District Ops Managers in place to mobilize any new IBS efforts. On the independent store side, we have GPC support resources to help our small business owners implement the same structure within their IBS location. These efforts are led by our GPC Distribution Center (DC) Management Team and their support staff. New independent Sourcewell IBS contracts will be led by a team of DC General Managers/ DC Operations Managers and the local market Commercial Sales Manager for that store's market. All IBS new store installations are also aided by a vital added -value part of our effort: the NAPA Systems Selling Group team. This is a dedicated group of NAPA product managers that will assist in a mobilization through inventory efforts, product identification, and product cross-over databasing and fleet surveys to assist any operation in finding the correct stocking level for their products. This exclusive NAPA team includes: • Filtration/Heavy Duty Product Support • Undercar (Brakes/Chassis) Product Support • Electrical/Underhood (Batteries, Rotating Electrical, Engine Management) Product Support • Heating and Cooling Product Support • Paint and Body Product Support • Tools and Equipment Product Support A final, important part of our site mobilization team is our IT team — every market has dedicated IT members who install our point-of-sale systems in IBS locations. In addition, our HQ IT team will work with this TAMS team and the customer to make sure any software integrations, billing procedures, and invoicing requirements are met. Sourcewell "Live Project" Process (Continuous Improvement Process) Once our site is live and the local operations have begun executing the services outlined in our contract, we feel a major part of our process and procedures include continuous improvement processes and continuous communication steps with our Sourcewell contract customers. Each contract should have well-defined key performance objectives. Typical objectives include daily service rate, special order tracking, core and return tracking, daily parts fill -rate goals, down vehicle reports, inventory effectiveness, and parts cost comparisons. NAPA IBS has developed exclusive tools to measure these types of KPI's included in our contract. The baseline of our continuous improvement program includes regular reviews of the business processes, inventory baselines, vendor management, and store operations. NAPA IBS has developed a solid regular business review process that we make a mandatory part of our offering. The Sourcewell contract customer will work with NAPA IBS on specific reporting and service measurables within our contract, and these will be reported during our regular business reviews. Usually these reviews are weekly in the first 90 days, monthly in the next 90 days, and quarterly after the first 6 months of operation. These business reviews are conducted using a proprietary digital business review tool that streamlines and regulates the review process and includes customer input, feedback and scoring to ensure we are delivering above expectations. We have included a sample business review document as an attachment. Bottom-line, the only way we deliver continuous improvement is to communicate with ALL LEVELS of our contract customers to ensure the on-site location is performing to the expectations of our customer. The last step of process and procedure accountability for our process after we go live is our Divisional and Headquarters quarterly review of all Sourcewell contracts. Our Division Vice Presidents and NAPA Headquarters operational staff outlined in this response review the Sourcewell contract and subsequent business review reports produced by our local operations to ensure contract compliance. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 833 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 27 28 Identify your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Identify your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. NAPA IBS/Genuine Parts Company has countless dedicated resources to ensure a great Sourcewell contract experience for Sourcewell members when they engage in an IBS contract. NAPA IBS is superiorly able and willing to provide all products and services in this RFP to Sourcewell participating entities in the United States. NAPA IBS has the unparalleled ability to provide our services to Sourcewell participating entities across the United States and we are already doing so today. We are currently actively under more than 50 contracts using Sourcewell with cities, counties, states, DOTs, K-12 and higher education institutions in the United States. We are able to accomplish this through our vast network of 55,000+ employees, our database of hundreds of fleet professionals that we work with every day to develop innovations and best practices, the support of NAPA headquarters to invest in programs and solutions that will benefit our customers, and our extensive distribution infrastructure. 6,000 NAPA stores and 52 large distribution centers nationwide make it really easy to get customers what they need, whether from our internal supply chain or by sourcing from supplier partners that we have spent decades building great relationships with. In sum, we have more than $1 billion in NAPA inventory across our distribution network, $175 million of which is dedicated specifically to IBS VMI parts rooms. Out of our 55,000 employees, nearly 5,000 of them have hands in the selling and operating processes that aide this contract development and execution and 1,100 of them are solely focused on NAPA IBS customers. Long story short, whatever the product is, we have the people and resources to get it. We have an incredible existing relationship with Sourcewell that demonstrates, year over year, our willingness to participate fully in this program. Sourcewell is the only cooperative contract that IBS holds in the US and it is an integral part of our selling and marketing fabric. Our national sales team and local support teams are well versed in presenting the Sourcewell solution to existing members and non-members and it is one of the first points raised when discussing simplifying VMI contract processes for governments. Beyond our current contract performance, we have further invested in our Sourcewell relationship through the other contracts we hold with Sourcewell, including Fleet Parts, MRO VMI, and Lifts & Equipment contracts. We also partner with Government Sourcing Solutions, a procurement consulting organization closely tied to Sourcewell, to help us seek out existing members and non-members to approach about the Sourcewell opportunity. Our plan is to expand upon our success with the current Sourcewell contract to grow into new business areas and solutions for many Sourcewell members. NAPA IBS is superiorly able and willing to provide all products and services in this RFP to Sourcewell participating entities in Canada. NAPA IBS in the US and Canada work as one and we are excited about the possibility of expanding use of the Sourcewell contract in Canada. They have existing IBS vendor managed sites within government operations, including a Sourcewell contract with the City of Toronto, today. We have a dedicated sales staff in place today that is trained and ready to execute a similar marketing plan that we are using in the US to further grow our Canadian footprint with Sourcewell. NAPA has a strong presence in every region and is fully capable of serving the Canadian geographical locations described in this RFP of current and future Sourcewell members and represented associations. NAPA has a national presence from coast to coast across Canada. Thanks to our 600 -store network and our strategic distribution centers locations, we can meet all members' needs in a short amount of time, wherever they are operating. In addition, NAPA IBS Canada is already engaged in fleet related trade organizations, including NAFA, RMA and Kinetic GPO, where we have easy access to promote and market the Sourcewell message. Our team is in place, the training is ready to go, and our NAPA Canada team would be ready to promote day one of an award. Finally, Genuine Parts Company and NAPA IBS can provide Sourcewell with future international expansion of the co-operative contract solution for what we do. GPC owns operations in Australia, New Zealand and Mexico as well. Our IBS efforts in those markets are just underway and could prove to be an excellent opportunity to help promote co-op solutions internationally. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 834 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD Table 7: Marketing Plan Line Question Response* Item Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 835 29 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. Our NAPA IBS is available in all 50 states and every Canadian province. We have a unique capability of having ready -to -go staffing and brick and mortar support as well as nightly parts and supply distribution into all 50 states. With over 6,000 stores across all 50 states (and many US Territories) and 52 master warehouses we offer a unique way for our locations to get parts and supplies delivered at extremely low costs to our customers. In addition, our IBS services are available to all government (city, county, state, utility, transit, airports, etc.) and education (state universities and school bus garages) institutions. Non -profits can also be serviced under our IBS program if the program fits their needs. 30 Identify any Sourcewell participating entity NAPA IBS can service every vertical listed in the RFP: Government, Education and sectors (i.e., government, education, not -for- Non -Profit. If there is a fleet or warehousing service need with a Sourcewell member, profit) that you will NOT be fully serving NAPA IBS can customize our solution for that customer. For example, today the IBS through the proposed contract. Explain in program currently operates parts rooms in all of the following verticals and more: detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your Municipal, State and Federal Fleets ability to promote another contract? Facilities Management General Services Warehousing Public Transit Education Aviation Management Public Works Sanitation Transportation Police Fire k Utility Parks & Recreation Golf Courses Forestry More NAPA operates in all 50 states and all Canadian provinces and has no geographical limitation on providing VMI services to Sourcewell members. We even have distribution centers and current NAPA IBS operations in Alaska and Hawaii that increase our service ability and reduce freight concerns for those regions. One area where we feel we can improve our footprint with Sourcewell is in the non- profit sector, including hospitals, charity and other organizations. Regardless of the size of their fleets, these organizations have ways that we can help them manage their inventory better, and our MRO and warehousing management capabilities can be a good way to grow our Sourcewell business in that sector. 31 Define any specific contract requirements or We have no requirements or restrictions for Alaska or Hawaii within the services in restrictions that would apply to our our RFP. NAPA IBS has brick and mortar warehouse locations and employees in participating entities in Hawaii and Alaska both Honolulu and Anchorage as well as multiple company and independent NAPA and in US Territories. dealers in multiple markets in both states that can and currently provide the services outlined in this RFP. The only US territory that we do not service is Puerto Rico. Table 7: Marketing Plan Line Question Response* Item Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 835 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6ADOC1 B3B9DD 32 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. NAPA IBS has a national team dedicated to marketing and growing our most important contracts, including everything Sourcewell. In addition to training this team on selling the value of our Sourcewell contract, we have headquarters -driven digital and print marketing efforts as well. Below are several examples of our available marketing materials and efforts and samples will be provided as attached documents. • NAPA IBS Website — public facing marketing and lead generation website that prominently displays our Sourcewell contract details and links to Sourcewell's contract page. • Salesforce.com — customer relationship management software that has been customized to track communications, lead progress, contract status, success metrics and more for Sourcewell prospects and existing customers. This allows our sales team to sell the program more efficiently. • Print Materials — marketing materials available to our sales team and customers include Sourcewell customer case studies, Sourcewell benefits and process flyers, customer information packet content and more. • Presentation Materials — our team has access to a predeveloped suite of digital content and presentation materials (Powerpoint slides) that promote the benefits of implementing Sourcewell contracts. • Video Content — we are in the process of developing specific video content that discusses Sourcewell opportunities with existing IBS customers using the contract. These videos will be available for use in presentations, on our website, on social media and more. • Fleet Industry Events — NAPA IBS sales and marketing experts attend more than 50 industry events across the US and Canada each year and we make specific efforts to promote the Sourcewell contract at each one where it applies. Some of the most significant industry events we attend on a regular basis include: National Events o NAFA I&E www.NAFA.org o Government Fleet Expo (GFX) www.governmentfleetexpo.com o FleetCon presented by FleetPros www.FleetPros.org Regional Events o Florida Association of Government Fleet Administrators (FLAGFA) www.FLAGFA.org o Georgia Association of Pupil Transportation (GAPT) www.GAPTonline.org Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 836 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD 33 34 Describe your use of technology and Our primary use of technology in promoting our Sourcewell contract is through the NAPA digital data (e.g., social media, IBS website. Our website is a public -facing lead generation site that explicitly displays our metadata usage) to enhance Sourcewell partnership to prospective customers. The site also drives visitors to a contact marketing effectiveness. page where we can collect fleet data and automatically pass it on to our local sales representative who is a trained expert on selling our Sourcewell option. When a prospect fills out the contact form, an email is automatically generated and sent to not only the local sales representative, but also to NAPA IBS executive and sales leadership to ensure prompt follow-up. We track all of this activity to measure our success rates and Sourcewell contract growth. The IBS website also contains digital tools and materials to help our team sell the Sourcewell VMI contract. It has a suite of presentation elements, which we use digitally these days to connect with prospects remotely and safely, as well as embedded testimonial videos that discuss how Sourcewell has helped real customers. These materials are also available to our entire NAPA store network to help them identify and educate potential Sourcewell customers that they already work with. In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Additionally, we use Salesforce.com, our customer relationship management system, to automatically track communication with Sourcewell customers and prospects through an integration with our Outlook email system. This allows our sales team to communicate more effectively with prospects and allows management to track pipeline movement and help drive results. Social media, such as Linkedln, is an avenue we use to both network with fleet decision makers who we can educate about Sourcewell and promote events that we will be participating in. We further participate on event websites, in digital newsletters and email blasts and mobile apps. We also promote customer and vendor awards that tie into our Sourcewell offering to grow awareness and interest in the contract. All social media efforts are tracked so we can optimize our performance with respect to driving interest in this contract. While we are proud of the digital efforts we make, we can always do more. Moving forward, we are considering ideas such as adding a specific Sourcewell information section to our web contact form on www.NAPA-IBS.com. We are also interested in adding a Sourcewell link into applicable government email communications from our sales team to increase exposure and drive Sourcewell conversations. We feel it is our job to educate our sales team on Sourcewell and make it an integral part of the way they sell the IBS solution to governments. The materials and tools we provide to our team have been developed specifically to this end and every applicable customer we meet with is presented the Sourcewell contract option. While we will continue to drive the success of this partnership, there are clearly defined ways in which Sourcewell can help the marketing effort: • Marketing Materials — Sourcewell can provide materials that help train our specialists and educate our customers on the benefits and procurement process of using Sourcewell contracts. • Continuing Education — provide our team with access to Sourcewell knowledge through online training, live and digital seminars, trade show involvement and personal consulting via phone calls with your team. • Government Contacts — supply direct access to government fleet and procurement decisionmakers who have expressed interest to you in the Sourcewell IBS contract. • Legislation — continue to drive legislative approval across the US and Canada for the ability to adopt Sourcewell contracts. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 837 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 35 Are your products or services Yes, our products are available through e -procurement and other digital platforms and we 36 available through an e -procurement have a large number of government customers using these ordering vehicles today. The ordering process? If so, describe your following are a few of the most common digital methods used to order from us: e -procurement system and how based shop training — all in one package. Genuine Parts Company has made the governmental and educational NAPA ProLink: NAPA ProLink is an exclusive online ordering and messaging system customers have used it. for customer shops to order NAPA branded parts from our stores or IBS locations. It gives training is standard or optional, the customer direct digital access to our catalog of more than 465,000 SKUs, all available who provides training, and any on this contract. costs that apply. Fleet Software Integrations: Our IBS sites offer a more in-depth digital solution to on - and off-site customers who want to order from us electronically. Integrating a shop's fleet software system into our inventory management and point-of-sale platform allows work order, parts order, vehicle status, billing, reporting and other data to pass automatically between the two. This increases technician productivity and data accuracy by letting the customer know exactly where their parts are and attaching every part ordered to a specific unit and work order. Some of our integrations even perform automated invoice reconciliation, extending the benefits beyond the shop and into customer administrative and accounting departments. Some examples of our most successful integrations with third -party software systems available today include AssetWorks (FA, M5), Faster, RTA, Dossier, Chevin and many more. Enterprise E -Procurement: NAPA IBS has the capability to provide digital cataloging through punchouts and EDI interfaces placed directly within a customer's enterprise procurement system. On our e-commerce website, www.NAPAIBIZ.com, we show companies that use large eProcurement programs how to register with NAPA to access our NAPA catalog. Platforms supported include Ariba, SAP, Oracle, Epicor, Ketera, Jaggaer, 37 Describe any technological Proactis/Perfect Commerce, Coupa and more. We also offer digital warehousing solutions advances that your proposed with JD Edwards and Manhattan products. Table 8: Value -Added Attributes Line Item Question Response 36 Describe any product, equipment, NAPA IBS has a unique position in fleet related services as we are the only company in maintenance, or operator training this space that houses our own internal technician training on-site, on-line, and manufacturer programs that you offer to based shop training — all in one package. Genuine Parts Company has made the Sourcewell participating entities. investment to have our own certified technician training in-house — all with the purpose to Include details, such as whether help our fleet customers drive efficiency in their operations and to ensure their technicians training is standard or optional, receive the most up-to-date training to keep their fleet vehicles on the road. who provides training, and any costs that apply. A sample of our NAPA IBS exclusive Autotech training course offerings is included in the supplemental uploads. Our customer needs for training vary, so we have a mix of free training — offered by dedicated NAPA Product Support teams — as an added value to our customers, in categories including: Filtration/Heavy Duty, Undercar (Brakes/Chassis), Electrical/Underhood (Batteries, Rotating Electrical, Engine Management), Heating and Cooling, Paint and Body, Tools and Equipment. This training is part of the fabric of any customer that has a NAPA IBS contract and will be available to Sourcewell members. In addition, Autotech has online and on-site training courses available for an additional fee. NAPA also works with a select group of non -NAPA suppliers that are able to provide resources and customer product training upon request. The size and scope of any requested training will determine any fees associated with these opportunities. All fees would be passed through to the customer at our cost with no markup. All onsite and online training can be bundled and easily tracked by a government agency through our www.NAPATraining.com website. This is a one-stop location for government fleet professionals to track and manage all training activities within their operations. 37 Describe any technological The IBS HUB, a NAPA IBS exclusive technology platform, revolutionizes the way that NAPA advances that your proposed conducts business with government fleet customers and is available to all Sourcewell products or services offer. members at zero cost to them. The IBS HUB replaces typical invoicing/point-of-sale technology and replaces it with a work order and inventory management tool that has point-of- sale functionality built into it. All functionality inside of the IBS HUB was designed to make our NAPA IBS team members more efficient in routine processes so that they can focus on the important task of procuring parts to help keep our customers' fleets up and running. The IBS HUB directly impacts how an IBS operates, removing inefficient time-consuming activities and replacing them with intuitive interactive processes. Improvements that your Sourcewell members gain through the IBS HUB include, but are not limited to: Order Management (Work Orders) Inventory Management Local Supplier Management Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 838 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD • Inventory Barcoding • Inventory Receiving and Reconciliation • Automated, Accurate and Consistent Reporting. • Ease of Integration • IBS Network Wide Supply Chain Visibility NAPA IBS has a dedicated team that works exclusively on enhancements to the IBS HUB system that will continue to add value to all IBS customers. One of our most recent value add additions is our IBS HUB Remote Consignment module. The IBS HUB Remote Consignment Module adds functionality to the IBS HUB to facilitate offsite remote inventories that are not directly managed by on-site NAPA staff. These consignment inventories are supported by an on-site NAPA IBS location which provides stocking levels, tracking of used inventory, replenishment, and allocation of the inventory onto work orders. Consignment Inventory Work Order and Replenishment Features: • Source parts from Consignment Inventory during parts issuance to work orders • Ad-hoc/Scheduled Replenishment from on-site NAPA IBS location • Parts will be controlled by specific Shop location or Garage • Provides a static inventory listing for each location • Stores bin locations for each consignment location • Ability to conduct physical inventory sessions as often as needed, but required quarterly • Ability to replenish Consignments via Supplier Orders, Interstore Orders and/or DC Orders • Ability to aggregate inventory across multiple Consignments • Ability to calculate and recommend MIN/MAX levels for Consignments based on specific location parts usage • Tracking of inventory in Consignments that has been re -numbered or superseded to new product Benefits for IBS Customers and Sourcewell Members Consignments offer our IBS clients the ability to have smaller inventories in their remote service facilities that would not have the need for a staffed parts room. These inventories are provided on consignment so that the parts are not paid for until consumed on a work order, PO, or similar billing. The IBS HUB consignment module then provided automated tracking to ensure proper and timely replenishment from your IBS location ensuring the needed parts are always available. The recommended stocking quantity feature of the IBS HUB ensures the right parts are stocked in these locations in which space is normally limited. By tracking usage by the specific shop, the IBS HUB ensures only the parts used at each consignment most frequently is stocked. The Pending and Pull List functionally of the IBS HUB works to track each stocked part used at the location until it has been confirmed to be replenished. These functions make sure that the agreed upon stocking parts will be there when the technician needs them. The physical inventory sessions for each consignment in the IBS HUB make sure that the inventory in the offsite locations stay true to their expected stocking levels. Quarterly counts are required, but they can be run more frequently as needed. Ultimately the IBS HUB Consignment Module provides IBS clients with offsite inventory so that remote technicians have a consistent organized inventory to support their work. NAPA Canada has recently invested in new warehouse automation technology that will improve our efficiencies and add the ability to increase our inventory at our DC in Cambridge, ON. Our Cambridge DC has collaborated with KNAPP, a global leader in industrial automation solutions, to integrate KNAPP's AG - OSR Shuttle, a high-performance, reliable semi-automatic picking and storage system. Furthermore, NAPA, the Federal Government and Drone Delivery Canada (DDC) are participating in "The Moosonee & Moose Factory Pilot Program" to deliver NAPA Auto Parts to rural locations across Canada. Today the drones are carrying approximately 25 lbs, but DDC is working on those that could handle 100-400 lbs. NAPA vendor managed IBS sites in the US and Canada are also using a new proactive inventory management program called Pulse. The system uses predictive analytics to determine what factors drive categorical sales, including vehicle registrations, part failure rates, market demographics, climate and geography. Pulse also has the ability to customize inventory assortments for specific fleets by uploading a VIN list into the system, which creates an inventory list with the product categories of choice. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 839 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 38 Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 39 Identify any third -party issued eco - labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. At NAPA IBS, we share our customers' and their communities' commitments to sustainable practices in procurement and fleet operations. Below are some of the benefits members will realize from working with NAPA IBS: • Many chemicals that are offered are non-detergent/green products • We recycle oil at our stores and can recycle oil for any customer • We advocate the use of the used oil filter crusher to extract environmentally hazardous chemicals from landfills • We recycle all plastic, paper, cardboard and wooden pallets at our DCs and HQ offices • GPC supports paperless systems initiatives within all business segments • GPC promotes the use of fuel -friendly delivery fleet vehicles • Many of our IBS customers have received Clean Cities Green Fleet of the Year awards in past years • GPC corporate has established a sustainability roadmap that is available for our customers to review on our corporate website • Upon customer requests, we can employ electric vehicles in certain of our operations In addition to our green fleet initiatives, NAPA IBS markets and sells many green Initiative products, including: • Smart Washers • Challenger Water In -Ground Lifts • 3M lead free wheel weight system • Schumacher solar battery charger/maintainers • Energy Logic - waste oil burners • Vortex waterborne auto paint - no solvents • Valvoline Next Gen oil - made with recycled oil • Recycled Batteries • Nature's Broom absorbent - eats shop floor oil and lubricants and is environmentally disposable • Micro Green - Lifetime Fleet Filtration Products Finally, NAPA IBS implements a strict environmental and spill policy: • All chemical products issued by NAPA will have a corresponding Material Safety Data Sheet or MSDS report. The MSDS sheet lists on-site potential hazards of the product. NAPA maintains a computer cataloged MSDS library that will be on the premises of our IBS Fleet locations. • NAPA IBS will produce a MSDS (and soon will make the move to new SDS) hard copy of all chemicals that will be stocked on the premises and update an OSHA approved MSDS book in the event of an emergency. • NAPA maintains a store policy mandating key emergency contacts be clearly posted in the event of an emergency. Hazardous Material hotline and Poison Control will be posted. • NAPA Policy Hazardous materials handling includes the use of protective measures such as an approved eye wash station, approved fire extinguishers, approved safety glasses and gloves. • NAPA will advocate the use of the environmentally friendly Parts Washer system to eliminate the use of needless hazardous chemical washing solvents to be replaced with "Ozzy Juice", an enzyme based solvent proven to work both for the environment as well as the safety and well-being of the technician washing fleet parts. NAPA IBS is not a manufacturer of the products we manage for our VMI customers, but we make a concerted effort to source sustainable products from eco -conscious suppliers whenever possible. NAPA also has a detailed sustainability plan that is monitored and reported on annually. One of the three pillars of this plan is environmental sustainability and some of the results we have achieved are as follow: NAPA Fleet Management • Recycles more than 20 tons of tires annually • Recycles more than 3,500 gallons of oil annually General Recycling • More than 7,800 lbs. of cardboard annually • More than 6,400 lbs. of other waste annually Energy Efficiency • More than 750 lighting retrofits completed that reduced more than 52 million lbs. of CO2 Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 840 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 40 Describe any Women or Minority Many of our current IBS government and education customers require our IBS sites to work Business Entity (WMBE), Small with procurement to achieve specific MWBE goals within our contracts. NAPA IBS has a Business Entity (SBE), or veteran policy to help our IBS partners exceed diverse spend goals when present in their owned business certifications that procurement plan. We do this by helping our government customers recruit new vendors, your company or hub partners provide due diligence support on these vendors, and provide regular reporting on our have obtained. Upload progress on the organizational MWBE goal vs. our actual performance. documentation of certification (as applicable) in the document upload SBE Efforts - Genuine Parts Company and NAPA IBS has extensive experience working with section of your response. more than 5,200 SBE/MWBE supply partners in our many operations across the country. Our goal with our proposal is to not only give a "good faith" effort — but to meet and exceed the stated goals of our customers. NAPA's action plan includes using a mix of service vendors and local businesses to work toward the procurement goal of compliance. NAPA IBS has a tremendous track record of accountability and exceeding SBE/WMBE goals in our operations. NAPA IBS' real world track record speaks for itself. In three major municipal contracts currently in place, we show historical success in meeting and exceeding SBE, MWBE goals set forth in the RFPs: IBS Requirement Actual Results City of Chicago 25% MBE / 5% WBE 37% MBE / 5.5% WBE City of Sacramento 10% SBE 28% SBE City of Cincinnati 15% SBE 17% SBE 41 What unique attributes does your NAPA IBS has unique, custom attributes that separate us from the competition: company, your products, or your services offer to Sourcewell a) Current network of over 400 contracts — we offer a unique opportunity for Sourcewell to participating entities? What makes market to hundreds of existing contracts to use the Sourcewell contract as a vehicle to your proposed solutions unique in extend current services. No other vendor managed inventory fleet solution has the your industry as it applies to opportunity to expand use of the Sourcewell contract like NAPA IBS. Sourcewell participating entities? b) Dedicated IBS project staff of 11 sales representatives and 22 field operators that do nothing but selling and managing the vendor managed inventory solution presented in this RFP. c) A 26+ year network of over 1,400 OE, aftermarket, supplies, MRO and parts related vendors to support ANY operation that wishes to use the Sourcewell contract. Our services go well beyond NAPA branded parts and include many OE and alternative brands to give our Sourcewell customers a broad range of choice on the products they wish to use in their fleet and warehouse operations. No other vendor of these services can provide the choice and leverage that our 1,400 non -NAPA branded parts and supplies vendor network and experience can bring. NAPA IBS has exclusive vendor arrangements with key fleet parts and supplies -related vendors that are exclusive to NAPA IBS customers and are unavailable to any other supplier of these services. d) The IBS HUB is NAPA IBS's exclusive technology platform that was built specifically for the IBS program and providing vendor managed inventory services. It is a technology that is exclusive to NAPA and is available to all Sourcewell members at zero cost to them. The IBS HUB replaces typical invoicing/point-of-sale technology and replaces it with a work order and inventory management tool that has point-of-sale functionality built into it. All functionality inside of the IBS HUB was designed to make our NAPA IBS team members more efficient in routine processes so that they can focus on the important task of procuring parts to help keep our customers' fleets up and running. It also contains detailed reporting that is available on demand or at scheduled intervals to customers' management teams so they always know exactly how we are performing and when their work orders will be complete. As mentioned, one of the most unique features of our service is the ability to integrate a customer's fleet software/work order management system into our inventory platform, the IBS HUB. This kind of integration seamlessly shares data between the two interfaces and allows work order, parts order, vehicle status, billing, reporting and other data to pass automatically between the two. This increases technician productivity and data accuracy by letting the customer know exactly where their parts are and attaching every part ordered to a specific unit and work order. Some of our integrations even perform automated invoice reconciliation, extending the benefits beyond the shop and into customer administrative and accounting departments. Some examples of our most successful integrations with third -party software systems available today include AssetWorks (FA, M5), Faster, RTA, Dossier, Chevin and many more. Table 9: Warranty (Performance Standards or Guarantees) Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 841 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Line Item 42 Question Describe any performance standards or guarantees that apply to your services (customer service response times, processing time frames, stock and non -stock fill rates, etc.). Response` Our performance standards can vary largely depending on the size, scope, complexity and sometimes geography of the VMI operation we are managing. We work hard to customize a solution that works for each individual customer, but the following is a list of some of the most common standards and guarantees that we implement and track: • Many of the important performance standards, goals and KPIs of operating IBS parts rooms are tracked and can be reported through our IBS HUB system, which is an exclusive capability of NAPA IBS. The system provides regular and on -demand reporting on the following to communicate our operation successes and areas of improvement to customer management: o Parts Fill Rates o Daily Service Metrics o Inventory Special Order Tracking o Down Vehicle Time & Percentage o Inventory Readiness o Parts Cost Comparison We will go into greater detail on the aforementioned IBS HUB reporting capabilities in question #68, but have included an upload of sample IBS HUB KPI reports in this section of the supplemental document upload portal. • Regular contract compliance audits will be conducted to ensure operational accuracy. • We have invested in a digital business review portal that schedules, tracks and stores business reviews with every IBS customer on a monthly or quarterly basis. It also communicates results to the customer and solicits feedback and ratings from them so we can measure our performance from the customer's perspective. • We provide product choices for our customers. Whether NAPA parts or parts sourced from other suppliers, we will stock the parts that fit the customer's operation and preferences best. • We possess a local footprint in any area we operate. This allows us to provide backup inventory, staffing and distribution support in any situation without long wait times, expensive freight or mobilization charges. • We have industry leading technology capabilities to support our Sourcewell member partners that we can customize to meet their ordering, billing, payment and reporting needs. • Orders placed manually or directly with our parts staff will be addressed immediately upon request. • Orders placed electronically will be acknowledged in our system immediately and will be addressed by our parts staff within 30-60 minutes. • Where applicable and/or required, our parts staff and management will be ASE trained and/or certified. • All parts sold to customers will meet or exceed OE or equivalent specifications or will satisfy the required specifications of the individual Sourcewell member customers • Warranty eligible products will be identified, tracked, processed and credited through our IBS HUB inventory management system. When a technician brings a warranty product to our parts counter, we will know on the spot if it is eligible and will issue credit as appropriate, then work with the supplier to resolve the warranty. • Al staff involved in IBS operations will be fully trained and knowledgeable on required parts, vendors and technology required to excel at the position. • Our contracts have the ability to be terminated by our customers if we are ever not meeting expectations. Most contracts have mutual 60 -day termination clauses and language pertaining to our failure to meet obligations is negotiated on each individual contract. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 842 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 43 Describe any service standards or guarantees that apply to your services (policies, metrics, KPIs, etc.). Our service standards can vary largely depending on the size, scope, complexity and sometimes geography of the VMI operation we are managing. Depending on customer needs and priorities, the KPIs we track can be customized to give them the insight desired into our performance levels and theirs. However, the following are a few of the general aspects of our service that we track and maintain: • Under normal operating conditions, we generally target a KPI of 85-90 percent fill rate after an acceptable ramp-up/grace period following initial implementation of the IBS site. Many agencies that we work with do not have clear historical data so we will work with them to build forward-looking KPIs based on actual purchase history after we go to contract. • One of the key benefits of our program is the tracking and processing of parts manufacturer warranties for our government agencies. Our NAPA IBS service guarantees that we will replace any alleged warranty item immediately for our government fleets. Then, our onsite personnel have the responsibility to submit warranties to specific product manufacturers and track that item from the moment it is returned through the discovery phase to conclusion. NAPA IBS outlines our warranty policy in each contract and has the responsibility to track and report on this for hundreds of suppliers that we procure parts from for our agency customers. • Non -stock orders rely on third -party vendor performance and availability, but acknowledgment times can be measured to ensure our parts staff act quickly on such orders. • NAPA IBS will comply with all customer expectations and processes regarding work order information, data communication, safety procedures and others. • NAPA IBS will adhere to customer, local, state and federal regulations as they apply in the location of the operation, including allowable stocking restrictions on chemicals and other items. • While our IBS staff are employees of ours, they are still working in our customers' environments. It is our corporate policy that all of our IBS employees are background checked through E -Verify. At the same time, we respect the safety and security policies of our customers as well. All NAPA employees that work on site are required to follow the procedures and policies of our customers. • Because NAPA IBS is providing an inventory management service for customers, one of the strengths of the warranty of service that we provide is the mutual ability to end an IBS contract in the case where services standards are not being met. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 843 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 44 Describe any service contract options for the items The services we provide remain fairly consistent as we work with different 45 included in your proposal. agencies in our contracts. We are contracted to maintain and manage parts and supplies inventory for fleets in many verticals. For the purposes of this RFP — those verticals include — but are not limited to — government fleets and warehousing, education fleets and warehousing, non-profit fleets and 46 Describe available payment options (e.g., frequency, warehousing. Each customer has unique needs within their operation, so we method, platform, etc.) provide the flexibility within the scope of our services to accommodate customers in the projects we are contracted to perform. The basic offering we propose is to manage fleet -related supplies and parts. This can be accomplished either in an on-site dedicated operation or off-site dedicated operation. Space considerations, labor considerations, work schedule considerations, and inventory needs considerations are all variables for our fleet customers that require customization in each contract. In addition, we are asked to handle MRO skus as part of an overall operation. For example, in the City of Sacramento fleet operations, we have held a fleet contract for over five years. Recently, their warehousing operations has been looking for a solution to help them manage skus for their maintenance operations. We have responded to and have been awarded a contract to handle these materials as well as fleet related services and will uses some of the same resources we currently have on-site within the fleet operation to manage the warehouse contract as well. Both facilities are on the same lot in the same area — and we can bring efficiency through our services by managing both. Another service function that NAPA IBS has the technology and experience to perform is that of managing remote and/or consignment inventories. Customers with satellite locations that don't carry enough inventory to justify onsite staffing can have their inventory managed, replenished and billed through our IBS HUB system. This requires either electronic submission of all parts removed from the parts room, or a periodic physical inventory count by NAPA IBS staff to determine parts usage and proper billing. Third -party services, such as outside repairs, can also be sourced and managed by NAPA IBS for Sourcewell customers. Such needs have specific line codes programmed into our IBS HUB system that can track and invoice according to our contractual pricing model. Finally, running multi -location fleet operations often means crossing jurisdictional lines that can affect tax rates and other regulations. NAPA IBS has the ability to manage these logistics digitally so Sourcewell members know they are paying the right prices and following all guidelines without having to do the work themselves. Table 10: Payment Terms and Financing Options Line Item Question Response* 45 What are your payment terms (e.g., net 10, net 30)? Our contract payment terms for parts purchases and operational expenses as part of our IBS services are Net 30th. On a monthly basis, we deliver parts billing and operational cost billing as part of our services to our IBS contract customers. 46 Describe available payment options (e.g., frequency, NAPA IBS is highly flexible in accepting payment options. We are method, platform, etc.) able to integrate with most enterprise billing systems through our industry -exclusive IBIZ custom billing platform. NAPA is able to bill according to customer specifications, but at a minimum of monthly for both parts and operational expenses. The standard policy for all of our customers, and in the industry, is to accept payment via one of the following methods: Check payment ACH Wire transfer Specific payment options are one of the core points that are detailed in our individual contracts with Sourcewell members. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 844 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 47 Briefly describe your proposed order process. Include Our order process for Sourcewell members requesting IBS services enough detail to support your ability to report quarterly is as follows: sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is Step One — Discover the need with fleet operations and included in your response and whether each dealer (or management on outsourcing parts and service needs this will require some other entity) will process the Sourcewell participating analysis of current staffing, inventory, hours of operation, fleet needs, entities' purchase orders. software adoption, billing processes, paperwork flow, audit procedures, and approvals. Step Two — Introduce co-operative contract solution as a means to contract during the early phase of our analysis. If customer is not an Sourcewell member, we use this time to present the easy steps to become a member. If they already are an Sourcewell member, we present our contract opportunity with IBS along with documentation on the solicitation. At this point we have added a step in our process to verify documentation of Sourcewell membership with our Sourcewell contract manager. Step Three — Complete financial and staffing analysis to determine needs of customer. Step Four — Once customer has agreed to proceed to contract, our GPC legal and NAPA IBS representative present our Sourcewell IBS contract terms to the customer for their legal review. Step Five — Customer builds business exceptions as part of our master IBS Sourcewell contract. NAPA IBS will negotiate specific terms for the customer based on their hours of operation, staffing needs, inventory needs, etc. Step Six — NAPA IBS and Customer come to terms on Sourcewell contract. Step Seven — NAPA IBS will inform Sourcewell when a contract has been agreed to between NAPA and customer. NAPA sets the commencement date with customer and ensures all operational systems are in place during mobilization. For Sourcewell, this is the window where we turn flags on in our system to accurately report sales per our Sourcewell contract agreement. Step Eight — Contract tracking and reporting will be communicated to Sourcewell on a quarterly basis along with announcements of all new contracts. a) Yes — Our independent dealer network will be part of this proposal. Genuine Parts Company controls the process much like was outlined above for our independent dealer network. The dealer is responsible during the analysis phase to provide staffing, inventory and operational documentation. The dealer must agree to all of the terms of the Sourcewell IBS contract as well as the customization for a Sourcewell contract holder in the final agreement. To ensure these steps are made and done in our dealer network, Genuine Parts Company has provided an assignment document as part of the Sourcewell contract that must be signed by the customer, Genuine Parts Company, Sourcewell (if required), and the independent dealer as part of the contract process. The dealer is required to abide by the terms of the contract or will need to assign the business back to Genuine Parts Company. In order to maintain consistency and accuracy in reporting and contract fee payments, our NAPA headquarters team tracks and consolidates all company- and independently owned Sourcewell contract sales and reports them to Sourcewell directly. 48 Do you accept the P -card procurement and payment Our NAPA IBS operations typically do not accept p -cards for process? If so, is there any additional cost to Sourcewell payment on our monthly parts statement or monthly operations participating entities for using this process? charges statement. We do make exceptions where customers are required to pay us via p -cards. However, since our NAPA IBS operations bill customers for all operating costs incurred in our services, we will be required to bill back any p -card service charges incurred by our IBS store operations on the monthly operating statement bill. For this reason, most NAPA IBS customers do not use their p -cards for our monthly billing — as we would bill them back any service charges. Table 11: Pricing and Delivery Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 845 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3139DD Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item 49 Question Describe your pricing model (e.g., line -item discounts, product -category discounts or cost plus). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items and services that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Response* Cost Methodology Reasoning & Explanation: NAPA IBS has 26 years of best practice contract and pricing experience providing customized VMI solutions for government fleets. Our existing 50+ Sourcewell vendor managed inventory contracts and hundreds of government contracts are already on one of the pricing options listed below and their guidance has given us tremendous insights on how government agencies wish to have pricing outlined in these agreements. Our customers have made it very clear: Our government agencies want options when it comes to how goods and services are priced in VMI contracts. We have worked with hundreds of government finance, purchasing and operations teams to build three best practice pricing options that are universally used in fleet VMI parts and service contracts: NAPA IBS Option 1: No Markup Goods Pricing / Management Fee NAPA IBS Option 2a: Not -to -Exceed 10% Margin Model NAPA IBS Option 2b: Not -to -Exceed Pricing Profile 9074 / 25% Margin Model Currently NAPA contracts with hundreds of government agencies on this program. Currently we have 33% that use the option 1 price option, 55% using the Option 2a and 12% using Option 2b. In our agreement/contracts with our government agencies, the customer is allowed to select the pricing option that best fits their finance and business rules. All three pricing options are outlined below and are also supported with an explanation grid in our attached documents in this section. In each of these options there are two basic pricing components 1. Pricing of Goods 2. Pricing of Monthly Operating Costs The mix of these two components deliver transparent billing for total cost of contract and also deliver the contractual ROI for NAPA making it a win-win public/private contract relationship. Our government customers feel these options provide the perfect balance of transparent costs of goods/services. Pricing Options: Each Sourcewell member contracting with NAPA IBS will have the choice of which of the following two model options suits their operation best. Both are negotiable within the framework of the model, include not -to -exceed pricing structures, and are proven concepts in use by government IBS customers today. Pricing Option 1) No Markup Goods Pricing / Management Fee Cost of Goods: All goods are sold to customer with no markup. Cost is determined by current product acquisition cost on sourced, non -NAPA branded goods. If the customer elects to use NAPA branded goods, they will be priced at the current NAPA jobber acquisition cost. Example: NAPA procures a Ford OE part at $100. NAPA IBS sells that part to Sourcewell customer for $100 with no markup. Operating Expenses: The monthly operating expenses of the store, or cost of services, are billed separately to the customer at actual cost. No operating expenses are built into the price of goods. Operating costs are determined and outlined in contract — agreed to by the Sourcewell Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 846 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD customer NAPA Management Fee: A monthly management fee is also billed to the customer at a not to exceed 10% of their total cost of goods purchases for that month. This allows NAPA to realize contractual ROI. Options: For customers who prefer, we can combine the operating costs and ROI management fee into one fee and calculate a balanced budget monthly total fee. Some customers have even asked us to combine the operating costs and management fee into an hourly total fee that can be billed across actual hours of service for our on- site operation. Each customer operates differently, has different hours of operation and different staffing level needs. We have flexibility within this option to fit the needs of the customer. Customer Benefits: No markups are shown on goods purchases, creating a less impactful goods line item on budgets. Separate billing for true monthly operating costs and easy to calculate NAPA management fee (See option 1 sample operating cost model in attachment within this section) Pricing Option 2) Not -to -Exceed 10% Margin on Goods/Monthly Operating Costs Customers have two options in this model: a consistent not to exceed 10% percent margin on goods or a pricing profile option as described below. Pricing Option 2a) Not -to -Exceed 10% Margin Model Cost of Goods: All goods are sold to customer at cost plus designated gross margin not to exceed 10% gross margin, defined as cost of good divided by .90 = selling price of good. This is a not -to exceed pricing structure. Example: NAPA procures a Ford OE part at $100. NAPA IBS sells that part to Sourcewell customer at $100 divided by 0.90 = $111. This is the formula to sell the product to the Sourcewell customer at 10% margin. Operating Costs: The operating expenses of the store, or cost of services, are billed to the agency separately to the customer at actual cost. Operating costs are determined and outlined in contract — agreed to by the Sourcewell customer. NAPA ROI: NAPA's ROI is built into the price of the good to arrive at a final net margin of no greater than 10% of total customer purchases. Customer Benefits: All NAPA ROI is built into the price of the good for simplicity of billing. All monthly operating expenses are billed at cost and no separate management fee is billed (See option 2a sample operating cost model in attachment within this section). Pricing Option 2b) Not -to -Exceed Pricing Profile 9074/25% Margin Model Cost of Goods: NAPA -branded goods are sold to customer on our NAPA Sourcewell Government Pricing Profile 9074. NAPA branded goods are sold to the customer at a higher margin on our not -to -exceed list less pricing outlined in detail in the attachment within this section. Non - NAPA (sourced) goods are sold to customer at a not -to -exceed 25% gross margin, defined as cost of goods divided by 0.75 = selling price. This is a not -to exceed pricing structure. Example: NAPA procures a Ford OE part at $100. NAPA IBS sells that part to Sourcewell customer at $100 divided by 0.75 = $133. This is the formula to sell the product to the Sourcewell customer at 25% margin. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 847 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 50 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Operating Costs: The operating expenses of the store, or cost of services, are paid entirely by NAPA and not charged to the customer as they are built into the price of the good. NAPA ROI: NAPA's ROI is contractually built into the price of the good to arrive at a final net margin of no greater than 10% of total customer purchases. Customer Benefits: All NAPA ROI and operating expenses are built into the price of the good for simplicity of billing. No separate management fee or operating expenses are billed. This is a popular option for customers that do not want a separate operating fee and wish to bill the cost of operating and NAPA's ROI out as part of the price of goods so they can share the expense across the departments proportionately by the departments that buy the most goods (See option 2b sample operating cost model in attachment within this section). Cost Definitions Because all of our parts pricing is based directly on acquisition costs, the following is an explanation of how we arrive at our acquisition costs: 1. For Non -NAPA, or sourced, goods — i.e. OE parts, tires, bulk fluids, proprietary parts, outside services, etc. — the pricing passed on to our customer is our current acquisition cost plus whatever our contracted margin is for that good. We provide transparent documentation of all supplier invoices, so the customer knows exactly what they are paying for each part. 2. For NAPA branded products that we source internally, customer pricing is based on our current NAPA jobber acquisition cost plus whatever our contracted margin is for that good. This can be a significant savings for our customers if they choose for us to provide our own NAPA -branded goods. In our attached documents, we have provided a sample agreement and sample monthly operating expense examples that demonstrate each pricing model proposed. Our customers appreciate the transparency in our operating cost models when they are not surprised with unknown mobilization costs, startup costs or incremental costs throughout the term of a contract. As a publicly traded company, our transparent operating statements are held to a high standard. When we engage with customers on contract options, customers are allowed to add specific terms and conditions to customize their contract and select the pricing option and business model that best fits their operation. NAPA IBS is a VMI service program so the products we issue are a function of the services we provide. One of the top priorities of the program and most impactful services we conduct is to facilitate and negotiate ways to reduce the acquisition cost of our products, which in turn represents the discount our customers receive. Competitors who offer specific discounts often do so with no mention of the original cost of the part, resulting in higher prices that appear to be a good deal. Because parts in the IBS model are priced based on acquisition cost, all discounts we negotiate with our vendors are automatically passed on to our customers and we don't have to incur markups on products that are sourced internally. Here is how we arrive at our acquisition costs: 1. For Non -NAPA, or sourced, products (non -NAPA branded goods — i.e. OE parts, tires, bulk fluids, proprietary parts, outside services, etc., the pricing passed on to our customer is our current acquisition cost plus whatever our contracted margin is for that good. We provide transparent documentation of all supplier invoices, so the customer knows exactly what they are paying for each part. NAPA IBS currently works with thousands of national brands and holds a national database of pricing for our customers as a comparison of the pricing offered by local, regional and national vendors to their project. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 848 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 2. For NAPA branded products that we source internally, customer pricing is based on our current NAPA jobber acquisition cost plus whatever our contracted margin is for that good. This can be a significant savings for our customers if they choose for us to provide our own NAPA -branded goods. The way we arrive at discount rates differs depending on the pricing model a customer selects. The following is a general breakdown of the estimated discounts received in each model: Pricing Option 1: No Markup Goods Pricing/Management Fee • Non -NAPA Branded Goods — NAPA IBS sources non -NAPA branded goods from thousands of local, regional and national suppliers. Depending on the products our customers ask us to source, we have seen realized discounts of up to 40% off certain published List pricing, where published List pricing is available. • NAPA Branded Goods — NAPA -branded products have varying discounts off of list price in this option. Customers that elect to use NAPA products in their contracts may realize discounts of up to 84% off certain NAPA List pricing. o Note: This model realizes no gross margin at the point of sale and a management fee is collected in order to obtain part margin and the operational cost reimbursement Pricing Option 2a: Not -to -Exceed 10% Margin Model • Non -NAPA Branded Goods — NAPA IBS sources non -NAPA branded goods from thousands of local, regional and national suppliers. Depending on the products our customers ask us to source, we have seen realized discounts of up to 30% off certain published List pricing, where published List pricing is available. • NAPA Branded Goods — NAPA -branded products have varying discounts off of list price in this option. Customers that elect to use NAPA products in their contracts may realize discounts of up to 82% off certain NAPA List pricing. o Note: This model realizes 10% gross margin at the point of sale and a management fee is applied to obtain the operational cost reimbursement Pricing Option 2b: Not -to -Exceed Pricing Profile 9074/25% Margin Model • Non -NAPA Branded Goods — NAPA IBS sources non -NAPA branded goods from thousands of local, regional and national suppliers. Depending on the products our customers ask us to source, we have seen realized discounts of up to 15% off certain published List pricing, where published List pricing is available. • NAPA Branded Goods — NAPA -branded products have varying discounts off of list price in this option. Customers that elect to use NAPA products in their contracts may realize discounts of up to 70% off certain NAPA List pricing. o Note: This model realizes approximately 25% gross margin, based on product mix, at the point of sale and a no management fee is collected in order to obtain part margin and the operational cost reimbursement Each pricing option, regardless of the gross margin realized at the point of sale, results in very similar net results for the Sourcewell member and NAPA IBS. These options are provided to showcase NAPA's flexibility to work with a Sourcewell member inside of their control environment. The NAPA IBS program affords all Sourcewell members the opportunity to take advantage of NAPA's local, regional, national and global purchasing power. This includes negotiated discounts on certain goods. From time to time at a supplier's sole discretion additional discounts may also be offered outside of the typical discount off List price as well. NAPA IBS delivers all available discounts to Sourcewell members at the point of sale. It is important to note that discounts and the listed percentages are subject to change and or vary due to local regulations, supplier program changes and other events. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 849 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 51 Describe any quantity or volume discounts or rebate programs that you offer. Based on our cost -based model, we do not provide rebates as part of a volume program with our IBS customers. We are an aggressive advocate for cost reduction on parts for our vendor managed customers. Any negotiated discounts are included at the invoice level and realized at the point of sale. Parts are sold to our customers based on acquisition cost and the pricing model selected at contract. The true cost savings for the customer is encumbered in the total solution of NAPA IBS — cost savings come from buying parts and supplies at the "after discount" price net acquisition cost on parts, inventory reduction and/or acquisition, transaction cost reductions, and shop productivity. 52 Propose a method of facilitating "sourced" products or The NAPA IBS program offers a brand -agnostic approach to related services, which may be referred to as "open market" stocking parts rooms that gives each customer the choice of what items or "nonstandard options". For example, you may combination of OE and aftermarket brands and product lines they supply such items "at cost" or "at cost plus a percentage," want us to stock. Aftermarket parts have become a crucial savings or you may supply a quote for each such request. vehicle for many Sourcewell members so our Sourcewell customers benefit because we are a direct supplier of these items that comprise a significant portion of their spend. For products that are outside of our supply chain or that are simply preferred by fleet or facilities management, we have a large automotive and non -fleet vendor network that we can turn to. We regularly source PPE products, outside repair work and other non- traditional inventory requests for Sourcewell customers across the US and Canada and we don't add any additional markups for doing so. The pricing model that we have in place applies to any part we stock regardless of the source. With NAPA IBS, the goal is to build an inventory that fits the customer, not one based on our preferences or agenda. Furthermore, we provide transparent invoices from all suppliers so our customer can see acquisition costs and make smart purchasing decisions. Due to our affiliation with NAPA, we do have the important ability to source a vast selection of parts from our internal supply chain, saving the customer significant dollars when they choose to go that direction. We work with 1,300+ outside vendors to source parts for our Sourcewell customers today, but the cost savings offered by supplying NAPA parts makes NAPA the number one stocked brand across our IBS parts rooms. Stocking NAPA parts offers a dramatically reduced acquisition cost versus what our competitors pay for the same parts. Vendors without this internal supply chain pay and pass on to the customer multiple markups on aftermarket parts. Finally, our national footprint creates buying power with our suppliers that reduces overall acquisition costs, and therefore final pricing, but it also guarantees one more thing: The potential loss of a large customer in the IBS world would not have an impact on our ability to achieve the best pricing and service from our suppliers, adding stability to our service that not all competitors who rely on just a few large accounts can provide. 53 Identify any element of the total cost of acquisition that is The only additions to total cost outside of our acquisition costs may NOT included in the pricing submitted with your response. be special request projects like IT projects, special freight requests, This includes all additional charges associated with a customer equipment purchases, third -party involvement agreed to by purchase that are not directly identified as freight or the customer, or overtime charges that come up as part of our shipping charges. For example, list costs for items like pre- agreement. Those expenses are 100% verified and agreed to by a delivery inspection, installation, set up, mandatory training, or customer before they are ever billed or charged as part of our initial inspection. Identify any parties that impose such costs services. and their relationship to the Proposer. We have seen several cases where competitors charge additional fees that raise the overall cost of services, but we do not charge any of the following through the NAPA IBS program: Standard mobilization or installation costs Internal freight Technology integration costs on solutions we already provide Markups on operating expenses We provide transparent and accurate costs of our program up front and throughout our contracts. Our pricing model stays consistent throughout the contract and can be easily amended for the changing needs and scope changes from any Sourcewell members. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 850 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 54 If freight, delivery, or shipping is an additional cost to the As part of our IBS services, the only freight or shipping costs come Sourcewell participating entity, describe in detail the in the form of special order parts and supplies as requested by the complete freight, shipping, and delivery program. customer. For example, if we have a specific application part that is an emergency and the only supply for that particular part is from a vendor in another state we provide the customer with a freight approval for and will only ship upon approval from authorized Sourcewell IBS customer approver. Freight and shipping on special order items is billed to customer on the itemized operating statement on a monthly basis and is billed at cost with no markup. In addition, freight for these special order items is included on our invoice along with the part for auditing and tracking. NAPA branded parts are primarily supplied from our closest NAPA Distribution Center at no freight charge to the customer. Our NAPA Distribution Centers are available for parts supply 7 days per week for our On-site NAPA IBS stores. Nightly freight deliveries to IBS locations are available on Monday -Friday with special pickups and deliveries on weekend. We also handle a huge array of local, regional and national non - NAPA vendors. Our goal is to have a vast majority of stock on hand to avoid freight charges. We work with all vendors to deliver us parts at cost — with no separate delivery charges. 55 Specifically describe freight, shipping, and delivery terms or We have no requirements or restrictions for Alaska, Hawaii or programs available for Alaska, Hawaii, Canada, or any Canada within the services in our RFP response. NAPA IBS has offshore delivery. brick and mortar warehouse locations and employees in Anchorage, Honolulu and throughout Canada, as well as multiple company and independent NAPA dealers in multiple markets in both states that can and currently do provide services outlined in this RFP. NAPA also has export distribution centers on the West Coast (Sacramento) and East Coast (Miami) that already have international channels of distribution in place that can expand our services proposed in this agreement to the Caribbean, Central America, South America, and the South Pacific (including Guam). Since we have brick and mortar store and warehouse operations in Alaska, Hawaii and Canada, they will have the exact same benefits as all other 48 states. Since they are part of the Genuine Parts Company family and NAPA network — NAPA branded products are delivered at the same cost as the mainland US. Freight and shipping for special order parts and parts not available through local and regional vendors would be vetted the same as in the 48 mainland states. Freight charges would be on an approval basis from customer on special order and national vendors. Genuine Parts Company owns our own private feet company in Rayloc Merchandise Distribution Services (RMDS). RMDS provides transportation solutions for all of CPC's U.S. based companies. RMDS is often called upon to deliver weather related emergency relief supplies and provide solutions for any other special projects the GPC family orchestrates. RMDS is headquartered in Atlanta, GA and has cross -dock facilities in Atlanta, GA, Cedar Rapids, IA, Charlotte, NC, Hagerstown, MD, Indianapolis, IN and Memphis, TN. RMDS logistical services are available to Sourcewell Members and upon request we can get our logistics professionals to review opportunities and work towards value add solutions. Because we have our own distribution network, we are able to significantly lower the cost of freight for our Sourcewell member customers. 56 Describe any unique distribution and/or delivery methods or NAPA IBS has several unique offerings within our contracts that options offered in your proposal. provide solutions to our customers, including: Brick -&-Mortar Infrastructure — We have an unparalleled existing infrastructure of distribution and current VMI solutions across the US and Canada. With more than 6,000 retail stores, 52 major distribution centers, 55,000 employees and 400+ current IBS VMI operations active today, our ability to provide these services quickly, effectively and on budget is unmatched. Product Diversity — our distribution network includes the largest and most diverse product catalog of any service provider in the VMI world, including: Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 851 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD • 465,000 SKUs of NAPA branded parts • 4 Million SKUs of MRO, Industrial, Office and other products through Motion Industries • Millions more through our network of 1,300+ external supplier partners Off-site inventory services — Sometimes space, location or labor issues may require us to provide an off-site dedicated warehousing or parts supply operation for our customers. We have multiple examples where customers have asked us for an off-site solution. In these cases, we are able to manage inventories remotely through our IBS HUB consignment program. Having consignment or off-site inventory loaded into our technology allows us to monitor what has been used, what needs replenishment and what to bill the customer for. Periodic manual counts will be conducted by NAPA IBS personnel to reconcile all unmanned satellite locations and consignment inventories. This offsite inventory management also applies to customer mobile units and service vehicles that carry emergency inventory that is not held at a specific brick -and -mortar location. Hub and spoke services — In some cases we have customers that have multiple sites but do not require staffing at all locations. In these cases, we can model a hub and spoke inventory management system using people, technology, bar coding and standard operating procedures to accomplish the parts management goals of our customers. The unique nature of NAPA's brick and mortar operations — 52 master distribution centers and 6,000 retail outlets — gives us a unique footprint on the ability to source both NAPA and non -NAPA parts and supplies for our fleet customers... as well as deliver those products in an expedited manner leveraging our dedicated brick and mortar assets and logistics. This allows us to keep staffing costs in check and provide manned and unmanned services to fleets that are mobile or geographically broad in nature. The fact that we have so many brick and mortar sites and daily delivery to these sites... along with 400+ dedicated vendor managed inventory sites (NAPA IBS) allows us to give our government/education customers unparalleled service and availability. Virtual Inventory Exchange Warehouse (VIEW) — IBS VIEW is a module within the IBS HUB system that facilitates the exchange of inventory between IBS sites, whether within the same organization or outside of it. This reduces obsolescence, shares outside pricing levels that can help us negotiate better deals and helps find hard -to - source parts. It also integrates with UPS labeling and shipping modules to make a one -stop -shop for moving parts. Electronic vending machine/RFID solutions: We work with multiple suppliers of vending technology — including vending machines and RFID solutions to address specific non -manned solutions. In these cases, we build the standard operating procedures and cost/benefit analysis for customers to use this technology to decide if it is the proper fit. MRO warehouse supply management — In addition to fleet supplies, many of our municipal customers ask us to use the same technology, staffing, and inventory tools we do in fleet -related operations. We have the capabilities and vendor relationships to add this as an added value service to our IBS operations. We currently hold Sourcewell contract #121218 for MRO inventory management. Technology Solutions — With our dedicated IBS headquarters team we also have the ability to partner with the billing, finance, and management of fleet and government/education fleet operations to work on custom integration solutions for their fleet or enterprise procurement platforms — all meant to drive transactional efficiency and cost reduction in the day to day process of ordering parts and supplies. Custom technician training solutions — We are dedicated to helping productivity in the shop through shop training — paced at the speed of the shop. Whether it is on-line, on-site or classroom study, NAPA IBS has tools to keep the government/education fleet technicians and fleet managers on the cutting edge. www.NAPATraining.com Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 852 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Warranty Tracking — Our IBS HUB system identifies, tracks and facilitates warranty, core and return processes to make them as automated and easy for the customer as possible. Over time, we can identify common product issues and work with suppliers to resolve them without the customer having to do any work. Financial Investments — As a Fortune 200 organization, our parent company Genuine Parts Company has the unique ability to make financial investments in Sourcewell members to make sure they have the parts they need on the shelves. Other providers shy away from investing in proper inventory levels, resulting in longer wait times, expedited freight costs and low fill rates. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 57 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing Specifically describe any self -audit process or program that you NAPA IBS employs an in-depth, multitiered audit system that departments. Table 13: Audit and Administrative Fee Line Item Question Response 58 Specifically describe any self -audit process or program that you NAPA IBS employs an in-depth, multitiered audit system that plan to employ to verify compliance with your proposed Contract extends from self -audits to third -party corporate governance. with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor Self -audit process/program: NAPA IBS manages a similar reports all sales under the Contract each quarter, and that the process with audits on all 400+ IBS contracts nationally. Vendor remits the proper administrative fee to Sourcewell. Corporate auditing and governance: As a publicly traded company, Genuine Parts Company is guided by Sarbanes- Oxley corporate governance and auditors as part of our public responsibility. Our business units in all company operations — including IBS - are audited on a regular basis. IBS Corporate Auditing: Genuine Parts Company supplies each of our IBS locations with 3rd party inventory auditing through 3rd party contract inventory teams — per Sarbanes Oxley regulations. Each Sourcewell/NAPA IBS customer agreement will include monthly monitored electronic tracking of all customer purchases handled through our NAPA Headquarters in Atlanta, GA. The contracts will be subject to a quarterly compliance business review with involvement from the contract owner (GPC or independent dealer) and the customer and will be signed off and logged at NAPA Headquarters) for compliance. NAPA Internal Audits: NAPA internal audits occur at a minimum twice a year before and after our interim write off period. Stores scoring less than 85% will get re -audited to ensure the non-compliance items are corrected. GPC Internal Audit and NAPA team members use the national "APG Store Loss Prevention Review" guidelines to randomly select and audit stores and to discuss results in detail with management and senior leadership. Due to the random nature of these audits we are unable identify the frequency. The regular NAPA audit is used to ensure a location is ready for GPC internal Audit. NAPA external audit is conducted by EY and assisted by Moore Colson. These audits require quarterly, interim and annual support and are reviewed by GPC Sr. Leadership and used to sign off on the company financials and 10K documentation. Parts Pricing and Operations Statements Compliance: Our HQ's IBS operations department listed in this response produces and reviews month end contract compliance reporting to ensure each customer's prices match their specific agreements and with any deviation reported to the operations for corrections. This team performs quarterly Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 853 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 59 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) pricing reviews along with our local operations to ensure our customers receive contract pricing per our agreed Sourcewell contract. Our on-site point of sale system will be the system of record for all transactions — and we have dozens of daily, weekly and monthly reporting available to any IBS customer For contract compliance. In many of our IBS sites, we are very familiar with contract compliance and audit measures, so our team is seasoned to report and audit our operations. This transparency is reflected in our IBS Sourcewell contract agreement attached. As a rule, in many of our IBS contracts, we provide a specific market basket of products to our customer with specific margins and costs to ensure compliance — typically on a quarterly basis. Our customers may pick the parts from parts acquired in the contract and may ask us to do an analysis on our contract price vs. the price charged. We then produce specific reports and billing showing specific contract price to ensure compliance. The audit needs of our Sourcewell contract customers may differ so we write the information requirements specifically in our contract language. NAPA IBS lives in a transparent government and education fleet environment every day and takes price compliance very seriously. One additional note: All IBS customer purchases are stored and protected in our GPC secured network daily. Purchases are held in two separate secure corporate servers/data warehouses and preserved for the term of the contract for internal and external audit purposes. Sourcewell Marketing Requirements: In regard to marketing and advertising requirements, our VP of IBS will assign the designated IBS Marketing Coordinator to ensure the IBS website has the most current Sourcewell marketing materials posted and maintained monthly. Reporting Compliance: Our IBS Operations Department will be notified of all new members and will ensure that the locations purchases are properly tracked to insure accurate quarterly reporting to the designated Sourcewell representative. Under our current contract, we have customized reporting on our Sourcewell contract for the co- op. We can deliver SKU -level data and overall program progress to Sourcewell on quarterly basis. NAPA IBS proposes a 1% fixed percentage fee paid to Sourcewell based on monthly total net sales of the IBS to the Sourcewell contract customer — on all IBS contracts using the Sourcewell contract as vehicle. This fee would be payable to Sourcewell on a quarterly basis directly from NAPA headquarters — regardless if the Sourcewell IBS contract was through a company or independent location. NAPA HQ will handle the sales tracking, reporting, audits, and fee disbursement. The 1% fee will be paid by NAPA Headquarters directly to Sourcewell — none of these fees will have an economic impact on the actual end user IBS Sourcewell customer. These payments to Sourcewell will not reflect in the price of the parts or services paid by the IBS contract customer. Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response* 60 Provide a detailed description of the NAPA Integrated Business Solutions (IBS) is a customized on-site (or off-site) vendor equipment, products, and services that you managed parts and supplies inventory management program offered by NAPA Auto are offering in your proposal. Parts under the trademark name Integrated Business Solutions. Genuine Parts Company/NAPA has engaged in this specific service offering for more than 26 years. In the simplest form NAPA IBS is a service for fleet customers in any government segment (State, DOT, City, County, Utility, etc.) or education segment (Higher Education and K-12) where the customer has a need to more effectively manage the parts, supplies and materials it takes to maintain their fleet vehicles. NAPA's on-site store program provides the following benefits: On-site, vendor managed, inventory consisting of commonly used items. These Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 854 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD items are purchased and held at NAPA'S expense and are charged to the customer only when used for a given maintenance or repair. • Dedicated staff providing on-site parts related services. • Procuring, stocking, and issuing of automotive parts including both NAPA branded and non -branded items. • Work order system integration to ensure parts and equipment are timely and accurately charged to vehicle maintenance and cost records. These services greatly reduce the involvement of agency personnel in the acquisition and administration of parts enabling improved departmental focus on core functions and responsibilities. Today, NAPA IBS operates over 400 on-site locations for multiple government and private fleet and warehousing operations in the US and over 20 sites in Canada. Each IBS contract is unique because each fleet we service has different hours of operation, different vehicles, varying ages of vehicles, and unique staffing situations... no two fleets are the same. Each IBS location is customized for the government/education customers business. We start with a fresh scope of work and use industry best practices as benchmarks, then build a customized service and store structure around the government agency's needs (people, vendors, services, hours, space, and inventory). NAPA IBS works with government administrations, procurement and fleet operations to develop a custom contract and scope of work. Once contract terms are agreed to, we mobilize staffing, inventory, standard operating procedures, billing processes and regular contract compliance reporting. When onsite, NAPA IBS manages any product our customers need us to handle (NAPA and Non -NAPA Automotive/Truck/GSE Parts, OE parts, office supplies, safety material, tires, bulk fluids, and more). Under the Sourcewell agreement, the NAPA IBS store will be physically located within the customer's fleet shop or facility. NAPA will staff the location with full-time employees dedicated to that customer. NAPA will work with the customer's personnel to identify existing inventory with low utilization and will provide management with recommendations for disposition. NAPA will then procure commonly used items and supplies used by the agency, at its own cost, to stock the On -Site Store. NAPA's assigned resource will be responsible to procure all automotive and heavy truck related items, whether or not these are available through NAPA or through any other source. All items, whether issued through the On -Site Store, or procured by NAPA on the agency's behalf will be entered into the agency's work order management system. Our current Sourcewell customers have experienced immediate benefits leveraging a cooperative contract to employ our onsite location service. Some key benefits include: • Contracting Speed and Simplicity — Every government entity wants to be able to build contracts and solutions that meet their specific needs and working through Sourcewell and NAPA IBS they have been able to do that while avoiding a laborious and expensive RFP process. Especially in a year of pronounced operational difficulties and global crisis, solutions like this one have helped governments get the help they need more quickly and efficiently. Immediate Inventory Reduction — NAPA IBS owns the parts supply and inventory. In many cases, we buy the existing non -obsolete parts the customer stocked prior to IBS, relieving them of the inventory investment. Then we add additional inventory on NAPA's investment to support the fleet and improve fill rates. NAPA IBS stores sell our contract customers parts and supplies as they need them — on -demand... dramatically reducing the expensive world of owning and managing inventory. The customer only pays for the part when they use it. • Staffing — NAPA IBS provides the staff to run the parts operation during the hours the customer needs us. This staff is 100% dedicated to their contract customer and will also be available to cover the parts operation after hours and in emergency situations if needed). • Transaction Cost Reduction — NAPA IBS works with fleet departments and procurement departments to reduce the number of transactions by reducing paperwork and reducing the vast number of vendors usually servicing a fleet. We source from all vendors NAPA and non -NAPA and provide our customers with one bill at the end of the month. By consolidating the monthly parts bill into one statement, our customers experience a big transactional cost savings reduction by paying one bill versus hundreds. • Technology Advances - NAPA IBS also works to reduce transactional time and cost by integrating our exclusive IBS HUB point of sale system with existing fleet and warehousing software systems. By integrating with a fleets existing software platform, Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 855 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD we help them leverage a major investment they have made in their fleet software and fully utilize the billing, reconciliation, work orders, and reporting available in their software. Most importantly, it ensures that all parts and supplies used in the shop get billed to a proper work order — allowing our customers the auditability of what they do in their fleet operations. NAPA seamlessly integrates with dozens of the most popular systems on the market (including Assetworks — Fleet Focus, FA, M5, Faster, RTA, Dossier, Chevin). • Shop Productivity Improvement — NAPA IBS on-site store handles the day-to-day productivity killers (parts management, paperwork, cores, defects, warranties, new part returns). A very important part of our service is providing regular reporting of on - demand fill rates. Between inventory management, customized min -max services and our nationwide vendor network, NAPA IBS builds a transparent, auditable inventory plan with our customers that builds in specific KPI's and benchmarks for on-time parts delivery to the technicians. Our goal with this is to eliminate the expensive downtime in a shop spent waiting for parts delivery in the traditional parts procurement system. Our goal is to help the government/educational customer by keeping technicians turning wrenches through having the proper inventory on hand and taking the ball on parts pickup and service to ensure the shop gets their parts on time — by dealing with hundreds of vendors. Within the scope of these services, we are able to source, manage and provide a vast array of product categories from our internal and external supply chains to be a single -source supplier for Sourcewell customers. Some of the products we regularly supply include: OE & Aftermarket Automotive Parts • Light, Medium & Heavy Duty Truck Parts • Off -Road & Construction Equipment • Marine Parts & Equipment • Transit -Specific Parts • Agriculture Parts • Tires • Fluids & Chemicals • Shop Supplies • MRO Products • Chains • Tools & Equipment • Lifts & Jacks • Vehicles • Hydraulics • Janitorial Supplies • Office Products • Paint • and more... We offer such a breadth of sourced and internal NAPA goods to provide our government customers a perfect mix of OE and aftermarket options. Our role is to provide fleets with options that allow them to select the products they want that meet their quality, warranty, price and availability criteria, regardless of brand. The choice is theirs. While we work with more than 4,000 manufacturers and distributors, we have included a sample line card of the top sourced suppliers as well as NAPA -branded light, medium and heavy duty products in the supplemental uploads section. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 856 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 61 Within this RFP category there may be Potential list of subcategory services/solutions NAPA IBS can provide under the Facility Related ° subcategories of solutions. List subcategory services outlined in this RFP: 62 titles that best describe your products and r Yes r Yes services. Vendor managed fleet parts management services — aftermarket, OE parts, tires, related supplies, paint, tools and equipment r No presented — we feel that the Vendor managed facilities Maintenance, Repair, and Operating (MRO) warehouse management services - including building materials, industrial materials, biggest added value we school supplies, office supplies Repair and diagnostic tools and equipment for fleet operations bring to this solicitation is MRO replacement supplies for facilities, schools, non -profits, housing authorities, transit agencies our network of suppliers, IT services for fleet and MRO facilities — including warehouse enterprise software integration, consulting, fleet software integration, data management customers, contracts and Parts and MRO supplies using vending machine solutions —based on customer need people. Today, we staff Off-site inventory vendor managed services — manned and unmanned Parts and warehouse staffing services over 400 IBS fleet Inventory management analysis Exclusive online parts ordering via NAPA ProLink, customized punchouts or operations with well over software integrations Fleet metrics reporting 1,100 dedicated vendor Public Works/Water Management Supplies Building & Construction Supplies & Materials managed on-site staff in our Supply Chain Services Table 14113: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Item ine Category or Type Fleet Related Facility Related ° Comments 62 Vendor Managed Inventory solutions r Yes r Yes Other than what has been r No r No presented — we feel that the biggest added value we bring to this solicitation is our network of suppliers, customers, contracts and people. Today, we staff over 400 IBS fleet operations with well over 1,100 dedicated vendor managed on-site staff in our US operations. Our track record of driving cost out of fleet -related and warehousing operations stems through four main avenues: inventory management, staffing, transaction cost reduction and shop productivity. We are unique in that we have over 400 unique sites in the US where today NAPA IBS owns and maintains over $175 million in parts inventory for hundreds of thousands of fleet vehicles. NAPA IBS specializes in Vendor Managed Inventory services (VMI). Customized Inventory Management Services Complete inventory analysis of parts, supplies, tires, chemicals, fluids and much more Obsolete inventory reduction planning and dispersal services Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 857 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD • State-of-the-art barcoding of all inventory regardless of vendor • Electronic min/max establishment and regular review to ensure specific fill rates Transaction Cost Reduction • NAPA IBS deals with hundreds of vendors and the customer only receives one monthly statement for parts • IBS can assist with reduction of paperwork through monthly invoice reconciliation services • The goal: Delivering streamlined paperwork and reduction of effort for accounting/billing Technician Training — NAPA IBS Exclusive • NAPA exclusive: Online technician skills assessment • NAPA Training exclusive: Over 200 online tech training modules • NAPA Training Exclusive: Over 50 on-site professional training instructor -led classes • ASE test preparation for shop technicians and shops striving for ASE Blue Seal Certification Fleet Software Integration — NAPA IBS Exclusive • Seamless integration of customer's fleet management system with our IBS HUB inventory management system • This is full-scale integration, not just a data dump • Our staff insures all requested and billed parts are on work orders • Full-time national IT support for IBS operations — including customized IT solutions Contract Compliance Reporting — NAPA US IBS Exclusive • Customer Summary Report — daily overview of parts operation efficiency. • Daily Status Report — work orders fulfilled, unfulfilled and pending. • Parts on Order/Unit Status Report — gives fleet manager view of all pending parts on order relative to specific pieces of equipment, including ETAs. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 858 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 859 Daily Transaction Report — detailed data of each part requests including ordering technician, unit number, work order number, part description, quantity ordered/billed and more. Vehicle Out of Service Report — shows number and percentage of fleet units current down waiting for parts. Fill Rate Report — SKU - specific actual fill rates per contract KPIs. Cost Comparison Detail Report — SKU -level daily report showing last paid cost versus previous cost. We are best -in -class on the training of our people and our customers and pride ourselves in transparency and driving results for fleet and maintenance repair operations. 63 Logistics Management Solutions ur:" Yes t: Yes In addition to our core r•" No r No function of sourcing and managing Sourcewell customer inventory, we provide a long list of logistics services that make their overall fleet operations run more effectively. What this does is creates a menu of service options for each customer that allows them to customize exactly what we do for them so we know their needs are met. The following are several examples, but not an all- encompassing list, of store and warehouse logistics we manage in the IBS program: IBS HUB — our proprietary inventory and order management system controls all aspects of analyzing inventory status, placing and tracking orders and deliveries, managing pricing and more so the parts operation is predictable for the customer and runs efficiently. Barcoding — NAPA IBS barcodes and location codes every item in the parts room, whether NAPA product or sourced product, so we can tell the customer exactly what is on the shelf, where it is, and can get it to them quickly when needed. Cores/Warranty/Returns Tracking — We track all core and warranty eligible items in IBS HUB as soon as they are issued to the customer. This way, when a Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 859 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD product is returned to the parts room, we can identify what the appropriate way to process it is. We also handle all claims with the manufacturers/suppliers for the customer. • Delivery Tracking — IBS HUB provides reporting that shows all orders that have been placed, when they are scheduled to arrive, and what units and work orders are waiting on these parts. This helps the customer know when their units will be back in service and eliminates time spent trying to track down orders. • Off -Site Inventory Management — NAPA IBS can manage remote and/or consignment inventories. Unmanned location inventory is managed, replenished and billed through our IBS HUB system. The technology reduces the required headcount to run a customer's parts operation, saving them dollars. • JOEI/NAPA Express — These proprietary sourcing systems allow our IBS store personnel access to our nationwide distribution network to find the parts they need easily. We are also tied into our outside suppliers' inventories so NAPA and non -NAPA parts can be acquired in the best way possible every time. • Virtual Inventory Exchange Warehouse (VIEW) — IBS VIEW is a module within the IBS HUB system that facilitates the exchange of inventory between IBS sites, whether within the same organization or outside of it. This reduces obsolescence, shares outside pricing levels that can help us negotiate better deals and helps find hard -to -source parts. It also integrates with UPS labeling and shipping modules to make a one -stop -shop for moving parts. • Vending Solutions — when requested by a customer, we have the ability to implement vending machine solutions that give them access to parts after hours or at unstaffed locations. JDE & MIO — NAPA Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 860 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6ADOC1 133139DD IBS employs digital warehousing solutions, when beneficial to a fleet operation, through JD Edwards and Manhattan 10 platforms. • Shuttle System — NAPA IBS uses innovative shuttle systems to streamline parts supply to our customers by utilizing routes that strategically connect our distribution centers, retail stores and IBS shops. • NAPA AutoCare Centers - NAPA Auto Parts partners with over 14,000 independent automotive repair shops to provide high quality automotive repair and maintenance parts to ASE service professionals. NAPA AutoCare is the largest network of independent mechanics in North America. So, if it is time for routine maintenance or if a Sourcewell member needs major repairs, there is a NAPA AutoCare ASE Certified mechanic nearby. NAPA is highly motivated in partnering Sourcewell members contracted with IBS with our independent network of repair facilities to increase their technician productivity and reduce asset downtime by contracting out certain jobs to local small business NAPA AutoCare facilities. Ensuring the same quality parts are being used on all Sourcewell members equipment and possibly reducing costs by reducing the need of overtime contract mechanics for automotive work. Table 15: Industry Specific Questions General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Line Question Response* Item Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 861 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD 64 If you are awarded a contract, provide a The following items are specific, trackable metrics that, if awarded this contract, we few examples of internal metrics that will will use to measure our success in growing our Sourcewell footprint through the IBS be tracked to measure whether you are program: having success with the contract. 1. Contract Renewals: The ability to renew our existing 50+ Sourcewell IBS contracts through the term of the new contract means customers are happy with the program and partnership we have built and guarantees future revenue for NAPA and Sourcewell. 2. Existing IBS Contract Conversion: We make a concerted effort to promote the Sourcewell contract to our existing standalone customers as a way to continue their service with us without having to issue an RFP. Converting non-cooperative contracts to Sourcewell is a great way to grow our success. 3. New Sourcewell Contracts: Acquiring new government fleet customers through the implementation of the Sourcewell IBS contract is the most impactful way to grow NAPA's and Sourcewell's business simultaneously. 4. Customer Satisfaction Surveys: Every quarter, our local management teams meet with every IBS customer to discuss key wins, opportunities for improvement, and the state of the relationships. Following each of these reviews, the customer submits a satisfaction score that is tracked by NAPA Headquarters. The scores our Sourcewell customers give us are a strong indicator of our ability to deliver on the promise of what we offer. 65 Describe your strategy regarding the As part of taking over the stockroom NAPA IBS understands the desire of Sourcewell disposition of existing and remaining members for NAPA to purchase the existing inventory that is currently on hand at the inventory at the start of and conclusion of Sourcewell members location. NAPA's financial requirements can allow, upon review a Participating Entity utilizing your services. and approval, for NAPA to purchase inventory from a Sourcewell member that is in new, sellable condition, fits the current fleet and has verified issuance history in the most recent 12 -month period immediately before the purchase. In addition to the sales justification inventory purchase standard NAPA is also required to complete a full wall to wall inventory to validate the purchase. Another option, if preferred by the customer, is for NAPA to manage existing parts room inventory for Sourcewell members utilizing NAPA's inventory management systems and issuing the inventory at $0.00 to Sourcewell members until the inventory is depleted and replaced with NAPA owned and managed inventory. At the conclusion of a contract - defined as termination, expiration, or non -renewal of the contract -NAPA shall require the Sourcewell member to purchase all non -NAPA branded inventory owned by NAPA and located in the on-site store(s) at NAPA's most recent acquisition cost. Additionally, the Sourcewell member shall have the option to purchase all NAPA branded inventory, owned by NAPA and located in the on-site store(s) at NAPA's current jobber net acquisition cost. This will help any Sourcewell member in their transition period if they choose to separate from NAPA. 66 Describe how inventory owned by a As mentioned in Question #65, NAPA has the ability to enter customer -owned Participating Entity is managed. inventory into our inventory management system and manage it for them. When requested by a technician, we can then issue the parts to them at a cost of $0.00. This allows the customer to still realize the benefits of our inventory management best practices, technology and reporting, without having to conduct a financial transaction on either end of the process. In this system, their inventory would gradually be depleted as requested and would generally be replenished as NAPA IBS -owned inventory after that. Customers often ask us to show them regular status updates on their inventory position and depletion and managing it this way allows us to easily provide them with that information. Certain items, however, such as rare -use parts, critical spares or customer rebuilds, may be replenished and billed to the customer upon receipt but still managed by NAPA in the same way as described above. 67 Describe your ability to integrate fleet NAPA IBS offers exclusive fleet software integration capabilities for on-site and off - software into your inventory management site vendor managed services. We also offer more in-depth integration capabilities program. within our IBS operations where customers may wish to have their current fleet software system integrate with our NAPA IBS point of sale system. This allows electronic transfer of work order parts orders, consolidated billing, data transfer, reporting, and down vehicle reporting to be integrated within our electronic point of sale system, improving shop productivity and ensuring all parts get placed on work orders and are billed correctly. Some of these integrations also allow for invoice reconciliation to happen electronically, dramatically improving productivity time for fleet and accounting departments. NAPA IBS is the only vendor submitting a response to this RFP with the full capability to provide these types of integrations. Others claim to integrate technologies but only offer a mass data dump at the end of each day. What we offer Sourcewell members means real-time data and reporting available to them on demand, a true view of where their shop or facility stands at any moment, and a Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 862 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD customizable experience for their users that ensures their operational needs are met. Successful examples of NAPA IBS integrations to third -party fleet and facilities software systems include Assetworks FA and M5, Faster, RTA, Dossier, Chevin, and many more. In Gwinnett County, Ga., an IBS customer for more than 10 years that adopted the Sourcewell IBS contract in 2020, their fleet management division utilizes AssetWorks software as the driver behind its entire fleet operation. NAPA worked with the County to build a custom integration between our IBS HUB system and their AssetWorks interface to create a more efficient way of doing this and the results were immediate. The County has reduced approximately eight to 10 man hours per day by reducing redundant parts keying and work order reconciliation, saving them valuable time and real dollars. Previously, a daily reconciliation report took four or more hours to compile and review, but today it has been automated and can be audited in under five minutes. NAPA IBS also has the capability to provide digital cataloging through punchouts and EDI interfaces placed directly within a customer's enterprise procurement system. On our e-commerce website, www.NAPAIBIZ.com, we show companies that use large eProcurement programs how to register with NAPA to access our NAPA catalog. Platforms supported include Ariba, SAP, Oracle, Epicor, Ketera, Jaggaer, Proactis/Perfect Commerce, Coupa and more. We also offer digital warehousing solutions with JD Edwards and Manhattan products. Developing and managing this important technology requires time, financial investment and considerable manpower, so NAPA has invested heavily in a dedicated IT team that can support our operations and our customers throughout the life of our contract: Donna Wright Walsh Jim Welch Kevin Osborn Tom Simcox Rob Thierry Richard Gomez Nick Giometti Demetrios Papacharalampos Nandini Chavan Nivedhetha Seshadri Director, IT & Integrations Sr. Business Analyst Sr. Analyst Product Specialist Product Specialist Product Specialist Developer Developer Developer Developer This team is responsible for supporting our customers in the following areas and more: • Leading and managing end-to-end integrations for NAPA IBS customers. • Integrating eCommerce platforms such as Ariba, Coupa, Jaeggar, AConnex, WHI, etc. • Implementing many eCommerce formats such as: I cXml o EDI ANS x.12 o .csv o pdf o email • Implementing a multitude of eCommerce transactions such as: o Electronic Orders from customer to NAPA o Electronic Acknowledgements to Customers o Electronic Invoices to Customers o Electronic Payment/Remittance from customer to NAPA • Integrating Fleet Management Software platforms with NAPA's IBS HUB for IBS customers. In addition to direct integrations, we also offer unique specialized technology and internet tools that are built into the IBS system, including: PULSE — Market Inventory Classification System — This tool is used by NAPA to list most vehicles in a fleet and find/stock all applicable replacement parts. This tool will aid NAPA in maintaining the right mix of inventory for our customers. ProLink Connectivity — NAPA van provide any PC located in our customers facility access to NAPA ProLink. This is an internet-based tool to check inventory levels, costs, etc. on parts stocked in the Full -Service Shop and Self- Service Shop (www. napaprol ink.com). FleetCross — Medium/Heavy Duty OE/Aftermarket E- Catalogs — NAPA can provide our customers facility with access to FleetCross on the web (www.fleetcross.com). NAPA will utilize its contract with FleetCross to provide IBS stores customized parts and service referencing systems for many OE vehicles, equipment, and parts. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 863 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD 68 Describe your reporting and data analysis NAPA IBS delivers on -demand, daily, weekly, monthly, quarterly and annual reporting capabilities and the frequency with which it across many metrics for our customers. With the vast amount of data we have is provided. nationwide, we also have the capability to deliver ad hoc category -specific reporting. With the diverse array of fleets we handle in our 400+ IBS sites, we have unparalleled access to specific data that can be used to improve cost and efficiency within a government agency. We accomplish this through our exclusive IBS HUB system, which networks all of our company-owned sites nationwide. Describe any emergency response services and support included in your proposal. IBS HUB also allows real-time KPI tracking on certain contract performance metrics with IBS fleet operations: parts fill rates, daily service metrics, inventory special order tracking, down vehicle reporting, inventory readiness, and parts cost comparison reporting. This is exclusive to NAPA IBS company operations and our customers have found it an invaluable technology tool for contract tracking, metric reporting and cost savings tracking. Independent IBS operations have access to a Microsoft Access based program that delivers similar fleet metrics. A sample of the IBS HUB reporting available is included in our supplemental document upload for Warranty & Performance Standards Table: Question #42. In the event that a disaster or emergency strikes a Sourcewell customer location, our local management teams are prepared to meet the challenges associated with this type of situation and have lived through them with your members over the history of the IBS program. The following are a few examples of real emergency situations we have handled recently: Hurricane Laura — Louisiana • Category 4 storm in August 2020 that destroyed all local merchant channels, including area NAPA stores, across a large geography. • Large utility fleet and IBS customer designated as first responder and tasked with restoring the local electric utility infrastructure after the storm. • Parts/equipment support needed for thousands of dispatched employees. • NAPA provided personnel support within 24 hours, sourced from our surrounding distribution centers and stores that were still operational. • Within 48 hours, NAPA had implemented tractor trailers as mobile parts and supplies vehicles that provided on-site support throughout the impacted area. • NAPA remained involved on-site with our IBS customer to support their efforts until the restoration of the local infrastructure was completed. COVID-19 Pandemic — Atlanta, GA • Global pandemic arising in the US in Spring 2020 and continuing today. • Several IBS customers in the area are government fleets and Sourcewell users designated as first responders and needing emergency backup staffing and parts support while maintaining operational safety. • Fleet and safety/PPE products were sourced and available for use by all first responders and all on-site personnel safety measures were strictly followed. • K-12 school district customers were shut down completely, leaving staff at potential risk of unemployment. NAPA IBS redistributed their talent to working operations in our retail and IBS network and provided consulting for fleets on how to retain their staff in other functions. COVID-19 Pandemic — Ventura, CA • PPE supplies unavailable throughout the state during initial spread in March 2020. • NAPA IBS sourced supplies from outside sources for the City of Ventura, a Sourcewell member customer, including 110 gallons of hand sanitizer and disinfectant. • At the City, 95 percent of all parts requests are supplied within 24 hours of request, and 85 percent are issued on demand. In all emergency cases, it is our job to provide backup or increased staffing, after- hours support and on -demand distribution for governments across the US and Canada. Early on in the COVID-19 pandemic NAPA was identified as an essential business in support of first responders and emergency operations and it has been our brick -and -mortar distribution infrastructure that has allowed us to serve them as well as we have. When an emergency hits, we stock up on the products that we know our customers will need, whether tires, snow removal equipment, light bulbs, PPE supplies or anything else, so they won't run out when it matters most. Also, because of our national footprint and distribution foundation, we can promise that no individual emergency will take away our ability to support Sourcewell members. We always have the capability to source from somewhere else if any particular location is affected. While we will always respect and defer to the customer's emergency policies, GPC has a detailed Emergency Plan in place that establishes procedures to mitigate the effects of a disaster in an effective and efficient manner. Our staff is fully trained and have experience serving our customers, managing media and training others in the Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 864 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 133139DD following cases and more: • Flooding • Hurricanes • Fires • HAZMATs • Power Outages • Snow/Ice • Tornado • Pandemic Outbreak Upon opening a new IBS location, our management team will work with our customers to define the critical processes and the minimum staffing levels required to maintain the business operation for a period of weeks following a disaster situation. We will ensure our initiatives are in line with current customer procedures and that they will protect both our and the customer's employees and facilities. In the case of an after-hours emergency that requires additional parts service at an IBS location, we have flexible options for how to manage the situation to accommodate the customer's needs in the best way possible. Some options that we have found to be efficient and successful are below, but we will work with the customer to arrange a plan that fits their protocol and desires. • For large enough government operations, our IBS Site Managers, Area Managers and Project Managers will be available "on call" to assist on-site in an emergency situation where parts service is required. I n this situation, all transactions would be approached as normal. • In some cases, we will arrange for a parts allotment to be available to customer staff outside of our parts room operating hours based on proven models in other IBS locations. The IBS Manager will then reconcile the inventory each morning. In any case, it is important to know that our team will be fully trained in our procedures and the customer's and that IBS will always be there to support their fleet in any situation. Additionally, all of our distribution centers and stores stock up on emergency equipment and supplies from NAPA, our other subsidiaries and outside vendors, during high risk periods to make sure we have the customer's needs covered. In addition to the physical needs of a shop during emergency situations, we also have data security practices in place to protect our information and our customers' in the case of instances where data could be affected. We have existing Sourcewell IBS customers who have gone through hurricanes, power outages and more and our data has always been secured and maintained through our backup servers located in Atlanta and Dallas. 70 Describe any training, consultative, and We are dedicated to helping productivity in the shop through shop training, IT support administrative ortechnicalsupportservi-es and other consulting efforts. NAPA IBS has tools to keep the government/education that you offer related to your Vendor fleet technicians and fleet managers on the cutting edge of operating their fleets. Managed Inventory or Logistics Management services. Technician Training - NAPA IBS Exclusive - NAPA exclusive: Online technician skills assessment - NAPA Training exclusive: Over 200 online tech training modules • NAPA Training Exclusive: Over 50 on-site professional training instructor -led classes • ASE test preparation for shop technicians and shops striving for ASE Blue Seal Certification Technology & Innovation Support • Dedicated NAPA IBS Integrations Team • Local Operational Success Managers • Shop technology consulting • Fast support on all technology issues Stockroom Optimization & Construction • Stockroom schematics and layout consulting • Shelving and storage provisions • Construction project facilitation • Location expansions and consolidations Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 865 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Exceptions to Terms, Conditions, or Specifications Form OMy those Proposer 11:::xceptiony to Forms, Conditions, or Spe6fications that Ihiave been accepted by SourceweH Ihiave been incorporated Into the contract text„ Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • ,FilnarnciaL.Stirength and Stabillity -Question #9 -Genuine Parts Company 2019 Annual Report. pdf -Wednesday October 28, 2020 09:31:24 • M irketilrr.g.. P am/Sam Iles - Marketing Plan Questions #32 & #33 - IBS Website, Print Materials, Digital Promo Samples.pdf - Wednesday October 28, 2020 10:31:26 • W M1131i::'./M113_E::,/.S..Ii31i;. or.Rellated._Certificates, - Value -Added Attributes Questions #36 & #39- Training Course Lists, Corporate Sustainability.pdf - Wednesday October 28, 2020 11:19:58 • Wa.rran...... ty Ilnformation - Question 442 & #68 - IBS HUB Reporting.pdf - Wednesday October 28, 2020 10:55:25 ........................... • IF.'..rol.r�9 - Question #49 - Sourcewell Member Contract, Sample Operating Statements, 9074 Pricing Profile.pdf - Wednesday November 04, 2020 09:52:16 • dditionall.. If)ocumen.t - Additional Upload - Questions #21, #26, & #60 - Reference Letters, Business Review Sample, Product Line Cards.pdf - Wednesday October 28, 2020 14:52:00 Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 866 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:.h:t.!pL-://www.treasuirS o w.treasuiry�ov/ofac/downlloads/sdinllisLpdf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: ,bars:// sarin. ov/ ortall/3; or c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 867 DocuSign Envelope ID: 1767BDF6-9E98-490E-A853-6AD0C1 B3B9DD by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. Ifo, By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jett Kuntz, Vice President, NAPA Fleet & IBS, Genuine Parts Company / NAPA Integrated Business Solutions The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 868 II have reviewed the File Name bellow addenduirni and Pages attactnrnIe nts (i applicable) Addendum 6_ VMI_Logistics_MGMT_RFP _110520 1 Tue October 27 2020 03:58 PM Addendum 5_ VMI_Logistics_MGMT_RFP _110520 1 Wed October 21 2020 02:03 PM Addendum 4_ VMI_Logistics_MGMT_RFP_110520 FA 2 Mon October 19 2020 01:11 PM Addendum 3_VMI_Logistics_MGMT_RFP_110520 1 Thu October 8 2020 01:01 PM Addendum 2 VMI_Logistics_MGMT_RFP _110520 2 Mon September 28 2020 03:21 PM Addendum 1_VMI_Logistics_MGMT_RFP_110520 3 Thu September 24 2020 10:16 AM Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutio 868 CITY OF BOYNTON BEACH REQUIRED TERMS AND CONDITIONS PER FLORIDA STATUTE 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 Contractor 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 orthat 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, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor's possession All records stored electronically by Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DE JESUS, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 dejesusm@bbfLus SCRUTINIZED COMPANIES - 287.135 AND 215.473. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The Contractor further certifies that Contractor 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 869 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. E -VERIFY. 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. 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. "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 870 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. 871 7.B Consent Bids and Purchases over $100,000 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Verizon Connect Telematics System for City Vehicles. Requested Action by Commission: Approve an annual blanket purchase order with Verizon Connect for telematics on City vehicles, piggybacking the State of Florida Department of Management Services Contract #DMA -19/20-006C for the length of contract term which expires on August 23, 2026, with an estimated annual expenditure of $225,000. Explanation of Request: City vehicles are equipped with telematics systems provided by Verizon. Public Works is requesting an annual blanket purchase order in the amount of $140,000, with an annual expenditure of $225,000 for additional vehicle installations. How will this affect city programs or services? The telematics system allows us to regulate safety measurements by receiving alerts for speeding, idle times, and locate drivers to dispatch in an effective manner. Fiscal Impact: Estimated Fleet Maintenance annual expenditure is $225,000 if needed. Attachments: Verizon - 2023 Blanket Back Up - Contract DMS -19-20-006C Exp 08-23-26.pdf 872 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 MANAG CERVICE C) face of the Secretary 4050 Esplanade Way Tafla asseed EL 32399-0950 850-488-2786 CONTRACT FOR MOBILE COMMUNICATION SERVICES CONTRACT NO: DMS -19/20-006C BETWEEN THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES . \ Al CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS Contract No.: DMS -19/20-006C Mobile Communications Services Page 1 of 29 873 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 CONTRACT Table of Contents: SECTION 1. CONTRACT TERM AND TERMINATION............................................................. 3 SECTION 2. CONTRACT DOCUMENTS AND HIERACHY...................................................... 4 SECTION 3. PAYMENT AND FEES......................................................................................... 5 SECTION 4. CONTRACT ADMINISTRATION.......................................................................... 7 SECTION 5. CONTRACT MANAGEMENT............................................................................... 9 SECTION 6. COMPLIANCE WITH LAWS................................................................................10 SECTION 7. WORKERS' COMPENSATION, GENERAL LIABILITY INSURANCE, INDEMNIFICATION, AND LIMITATION OF LIABILITY.............................................................12 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY...................................................................................................14 SECTION 9. DATA SECURITY REQUIREMENTS..................................................................15 SECTION 10. GRATUITIES AND LOBBYING.........................................................................18 SECTION 11. CONTRACT MONITORING..............................................................................19 SECTION 12. CONTRACT AUDITS........................................................................................20 SECTION 13. BACKGROUND SCREENING AND SECURITY................................................21 SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY................................................23 SECTION 15. LICENSING.......................................................................................................24 SECTION 16. PERFORMANCE BOND...................................................................................25 SECTION 17. CUSTOMER OF RECORD................................................................................25 SECTION 18. SPECIFIC APPROPRIATION............................................................................25 SECTION 19. MISCELLANEOUS............................................................................................26 Exhibits: Attachment A — Definitions and Acronyms Attachment B — Final Statement of Work Attachment C — Final Service Level Agreements; Attachment D — Contractor's Pricing, including: Exhibit 1 to Attachment D — Vendor's Services and Discounts Pricing Exhibit 2 to Attachment D — Vendor's Device List Attachment E — Instructional Document for Request for Best and Final Offer to ITN DMS -19/20- 006 Attachment F — ITN DMS -19/20-006 Contract No.: DMS -19/20-006C Page 2 of 29 Mobile Communications Services 874 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 CONTRACT This Contract is between the STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (Department), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and Cellco Partnership d/b/a Verizon Wireless (Contractor) with offices at 4075 Esplanade Way, Suite 226, Tallahassee, FL 32399, each a "Party" and collectively referred to herein as the "Parties." The terms "Party" and "Parties" are defined as provided in this paragraph whether capitalized or not, unless stated otherwise. The Parties enter into this Contract (Contract) in accordance with Chapters 282 and 287, Florida Statutes (F.S.), and with the negotiated terms and conditions of Invitation to Negotiate, DMS - 19/20 -006, Mobile Communication Services. SECTION 1. CONTRACT TERM AND TERMINATION 1.1 Initial Term The initial term of the Contract will be five (5) years and will begin on the date the Contract is signed by all Parties. 1.2 Renewal Upon written agreement, the Department and the Contractor may renew the Contract, in whole or in part, for up to five (5) renewal years in accordance with section 287.057(13), F.S., and Rule 60A-1.048, Florida Administrative Code (F.A.C.). 1.3 Suspension of Work and Termination 1.3.1 Suspension of Work The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Department may, at its sole discretion, suspend the Contract at any time, when in the best interest of the Department or Customer, as defined in Attachment A, Definitions and Acronyms, to do so. The Department will provide the Contractor written notice outlining the particulars of suspension and the effective date of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the specified activities associated with the Contract. Notwithstanding the foregoing, the suspension of wireless services under the Contract is limited to two (2) ninety (90) day periods (a total of 180 days) per twelve (12) month period. Within ninety (90) days, or any longer period agreed to by the Contractor, the Department will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract for convenience. If the Department fails to provide notice in accordance with this section, suspended lines will be automatically restored to active billing status on the 91 st day following each suspension period. Suspension of work will not entitle the Contractor to any additional compensation. However, the Customer will remain responsible to compensate Contractor for services ordered and delivered under the terms of this Contract through the date of termination. For the avoidance of doubt, the Contractor will not be compensated for any suspended services during the time of suspension. Contract No.: DMS -19/20-006C Mobile Communications Services Page 3 of 29 875 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1.3.2 Termination for Convenience The Contract may be terminated by the Department in whole or in part at any time, when, at the sole discretion of the Department, it is deemed to be in the best interest of the State of Florida to do so. The Department shall provide Contractor thirty (30) days' advanced written notice of such termination. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed, prior to the termination, for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 1.3.3 Termination for Cause If the performance of the Contractor is not in compliance with the Contract requirements the Department may, at its sole discretion, (a) terminate the Contract pursuant to Rule 60A-1.006, F.A.C, by notifying the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified timeframe, which shall generally not be less than thirty (30) days from such notice, or (b) take other action deemed appropriate by the Department. 1.3.4 Termination Assistance In case of termination, whether for cause or for convenience, the Contractor will provide prompt and thorough transition assistance and cooperation, including as specified in Subsection 3.24, Transition for Future Iterations of this Service, of the Statement of Work (SOW). SECTION 2. CONTRACT DOCUMENTS AND HIERACHY The Contract including any exhibits referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. The Contract consists of the documents listed below, and in the event any of these documents conflict, the conflict will be resolved in the following order of priority (highest to lowest): 1. This Final Contract document; 2. Attachment A — Definitions and Acronyms; 3. Attachment B — Final Statement of Work 4. Attachment C — Final Service Level Agreements; 5. Attachment D — Contractor's Pricing, which consists of: a. Exhibit 1 — Vendor's Services and Discounts Pricing (i.e., End -User Price List) b. Exhibit 2 — Vendor's Device List 6. Attachment E — Instructional Document for Request for Best and Final Offer to ITN DMS - 19/20 -006; and 7. Attachment F — ITN DMS -19/20-006. In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000, is included herein by reference but is superseded in its entirety by the Contract. Contract No.: DMS -19/20-006C Mobile Communications Services Page 4 of 29 876 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SECTION 3. PAYMENT AND FEES 3.1 Price Adjustments Pricing may be updated in accordance with SOW Section 1.5, Update Process to End User Price Lists and Vendor's Equipment List. 3.2 Price Decreases During the term of the Contract (including renewal years), the Department encourages the Contractor to offer price decreases that are in line with increased efficiencies and added infrastructure enhancements. The Department reserves the right to further negotiate reduction in pricing for the renewal years. The following additional price decrease terms apply: 3.2.1 Volume Discounts Contractor may offer additional discounts for one-time delivery of large single orders. 3.2.2 Competitive Pricing The Parties agree to review on an annual basis the competitiveness of the prices stated in the Contractor's most recent EUPL for services, features and devices by comparing the combined pricing for all services, features and devices provided under this Contract to the combined pricing charged by Contractor to any similarly situated United States State government customer for a mix of services, features and devices substantially similar in scope and volume to those provided under this Contract, taking into account the particular characteristics of both contracts such as performance standards, pricing terms, and contract terms and conditions. If after review the Parties determine that such similarly situated customer of the Contractor is receiving services, features and devices from the Contractor at a combined price below the pricing on the Contractor's current EUPL, the Contractor shall submit an updated EUPL with revised lower pricing; except that Contractor will have no obligation to amend pricing to the extent that the combined price difference results from services, features and devices provided by third parties, unless and to the extent that Contractor can obtain reduced pricing from such third parties using reasonable efforts. In connection with the review described in this Section 3.2.2, Contractor has no obligation to provide DMS with Contractor's or its subcontractors' or suppliers' trade secrets or confidential information not otherwise required to be provided under this Contract. 3.2.3 Sales Promotions In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period provided the Customer meets all qualifications of the promotion. Contractor must submit documentation to the Customer and to the Department identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices. Contract No.: DMS -19/20-006C Mobile Communications Services Page 5 of 29 877 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.3 Purchase Orders and Communication Service Authorizations A Customer may use Purchase Orders (POs) issued through My Florida MarketPlace (MFMP) or Purchase Orders issued through the Communications Services Authorization and Billing (CSAB) system (known as Communication Service Authorizations (CSAs) to buy commodities or services. The Department may also issue POs or CSAs on behalf of Customers. The Contractor must provide commodities or services pursuant to POs or CSAs. The PO or CSA period of performance survives the expiration of the Contract. All terms and conditions of the Contract will be incorporated into the PO or CSA and will survive the termination of the Contract. The duration of POs or CSAs must not exceed the expiration of the Contract by more than twelve (12) months, unless they have been entered into pursuant to an Extended Pricing Plan, in which case they may not exceed the expiration of the Contract by more than thirty-six (36) months. Extended Pricing Plans are discounted prices offered in exchange for a Customer's commitment to lease commodities or purchase contractual services for an extended time. Requested terms and conditions may be added to the PO, subject to negotiation between the Customer and Contractor. 3.4 Payment Invoicing Payment will be made in accordance with section 215.422, F.S. The Contractor will be paid upon submittal of an invoice to the Department, or Customer if direct billed, after delivery and acceptance of commodities or contractual services is confirmed and the invoice is accepted by the Customer. The Contractor shall submit invoices for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post - audit, and electronic invoices should include the Contract number and the Contractor's Federal Employer Identification Number. The Department reserves the right to request additional documentation as needed, and Contractor will follow all invoice directives in the SOW and this Contract document. Contractor shall identify/flag all State agency Customer accounts as "Government Accounts" for which service will not be interrupted due to an outstanding balance, disputed amount owed, or late payments due without prior receipt of a written notice of nonpayment, three (3) contact attempts, and a minimum sixty-one (61) day period after payment due date for State agency Customers to cure a payment default. 3.5 Travel Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and, if authorized, may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation Pursuant to section 287.0582, F.S., the Department's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department, has instituted MFMP, a statewide eProcurement system. Pursuant to section 287.057(22), F.S., all payments issued by Customers to the Contractor for purchases of commodities or contractual services will be assessed a Transaction Fee as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law, which the Contractor shall pay to the State. For payments within the State of Florida accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contract No.: DMS -19/20-006C Mobile Communications Services Page 6 of 29 878 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to subsection (2) of Rule 60A-1.031, F.A.C. By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State of Florida or its designee. The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in breach. VENDORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 3.8 Taxes Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer unless authorized by Florida or Federal law. The Contractor is authorized to collect government -imposed taxes, surcharges, and fees. 3.9 Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within two (2) billing cycles after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT ADMINISTRATION 4.1 Department's Contract Administrator The Department's Contract Administrator, whose primary responsibility will be to maintain the Contract file, is as follows: Caitlen Boles Departmental Purchasing Department of Management Services 4050 Esplanade Way, Tallahassee, FL 32399 Telephone: (850) 410-1423 Email: Caitlen.Boles@dms.fl.gov In the event that the Department changes the Department's Contract Administrator, the Department will notify the Contractor's Contract Manager in writing via email and document such in the Contract file. Such changes do not require a formal written amendment to the Contract. Contract No.: DMS -19/20-006C Mobile Communications Services Page 7 of 29 879 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4.2 Department's Contract Manager The Department's Contract Manager, who is primarily responsible for enforcing the performance of the Contract terms and conditions and will serve as a liaison with the Contractor, will be as follows: Jonathan Rakestraw Division of Telecommunications Department of Management Services 4030 Esplanade Way, Tallahassee, FL 32399 Telephone: (850) 921-0857 Email: jonathan.rakestraw(a�dms.fl.gov In the event that the Department changes the Department's Contract Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.3 Department's Product Manager The Department's Product Manager, who is primarily responsible for monitoring the performance of the Contract terms and conditions and will serve as a liaison with the Contractor, will be as follows: Raghib Quereshi Division of Telecommunications Department of Management Services 4030 Esplanade Way, Tallahassee, FL 32399 Telephone: (850) 413-0319 Email: raghib.gureshia_dms.fl.gov In the event that the Department changes the Department's Product Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.4 Contractor's Contract Manager The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be as follows: Miko Baldwin Cellco Partnership d/b/a Verizon Wireless 10170 Junction Drive, 2nd Floor, Annapolis Junction, MD 20701 Telephone: (240) 280-3563 Email: Miko.Baldwinavzw.com In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such a change does not require a formal written amendment to the Contract. 4.5 Contractor's Account Manager The Contractor's Account Manager, who will serve as a liaison with the Department's Contract Administrator, will be as follows: Contract No.: DMS -19/20-006C Page 8 of 29 Mobile Communications Services 880 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Tom Madden Cellco Partnership d/b/a Verizon Wireless 4075 Esplanade Way, Suite 275, Tallahassee, FL 32399 Telephone: (850) 294-5171 Email: Tom. Madden(cbverizonwireless.com In the event that the Contractor changes its Account Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such changes do not require a formal written amendment to the Contract. SECTION 5. CONTRACT MANAGEMENT 5.1 Notices All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, reputable air courier service, email, or personal delivery, or as otherwise identified herein or by the Department. 5.2 Change Request The Department's Contract Manager may authorize operational changes to services and infrastructure that do not have a pricing impact (non -billable changes) via a written change request to the Contractor. Such authorized operational changes do not require a Contract amendment but will be memorialized in writing and placed in the Contract Managers' files. The Department reserves the right to make the final determination if a change request or Contract amendment is required. Any change that would allow the Contractor to offer less of any deliverable, including commodities, services, technology, or software, requires a Contract amendment. Equipment List and End User Price List updates must be made in accordance with SOW Section 1.5, End User Price Lists (EUPLs) and Vendor's Device List, and do not require an amendment or change request. 5.3 Diversity Reporting The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo(a-)dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 5.4 Designated Centralized Nonprofit Agency Subject to the agency determination and to the extent applicable as provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT Contract No.: DMS -19/20-006C Mobile Communications Services Page 9 of 29 881 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated centralized nonprofit agency and the commodities or contractual services it offers is available at httos://www.dms.myflorida.com/business operations/state purchasing/state contracts and agreements/(contractType)/4577. 5.5 PRIDE Subject to the agency determination and to the extent applicable as provided for in sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at http://www.pride-enterprises.org. SECTION 6. COMPLIANCE WITH LAWS 6.1 Conduct of Business The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. These may include, but are not limited to, Chapters 282 and 287, F.S., Subtitle 60FF, F.A.C., the Communications Assistance for Law Enforcement Act, the Payment Card Industry DSS, IRS Publication 1045, Section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act„ and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The Contractor must comply with and must assist the Department and Customers with compliance with Subtitle 60FF, F.A.C., (and Subtitle 60GG, F.A.C., if applicable). 6.2 Dispute Resolution, Governing Law, and Venue Any dispute concerning performance of the Contract, which is not resolved by mutual agreement of the Parties, will be promptly submitted in writing to the other party in accordance with Contract Section 5.1, Notices. The Parties shall designate individuals Contract No.: DMS -19/20-006C Mobile Communications Services Page 10 of 29 882 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 with authority to resolve the dispute, which for the Department, will be the Department's Contract Manager, and such individuals shall work diligently and in good faith to resolve the dispute within sixty (60) days. If the dispute cannot be resolved after sixty (60) days, the dispute shall be decided by the Department's Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Department's Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county within the State of Florida chosen by the Department. 6.3 Department of State, Registration Consistent with Chapters 605 through 623, F.S., the Contractor must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 6.4 Suspended, Convicted, and Discriminatory Vendor Lists In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List during the term of the Contract. 6.5 Scrutinized Companies—Termination by the Department The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the foregoing, the Parties are aware of the Eleventh Circuit Court's decision in Odbrecht Constr. v. Secy, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013), and agree that the provisions of sections 287.135(1)-(5), F.S., pertaining to a company engaged in business operations in Cuba or Syria shall not apply to this Contract unless and until the Eleventh Circuit Court's decision in Odebrecht Constr. v. Secy, Fla.DOT, 715 F.3d 1268 (11th Cir. Fla. 2013) is overturned. 6.6 Cooperation with Inspector General Pursuant to section 20.055(5), F.S., Contractor, and its subcontractors, if any, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information Contract No.: DMS -19/20-006C Mobile Communications Services Page 11 of 29 883 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 6.7 E -Verify The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E -Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E -Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the DMS Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub -paragraph (2)(c)1, and the Department's obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. SECTION 7. WORKERS' COMPENSATION, GENERAL LIABILITY INSURANCE, INDEMNIFICATION, AND LIMITATION OF LIABILITY 7.1 Workers' Compensation Insurance The Contractor shall maintain Workers' Compensation insurance in compliance with the statutory requirements of the state(s) of operation, as evidenced by a Certificate of Insurance satisfactory to the Department, for the protection of employees not otherwise protected. The Contractor must require all subcontractors to similarly maintain Workers' Compensation Insurance for all of the latter's employees. 7.2 General Liability Insurance At all times during the duration of the Contract, the Contractor, at its sole expense, and its subcontractors, if any, shall carry insurance coverage of such types and with such terms and limits as may be reasonably associated with the Contract. All insurance shall be with insurers authorized to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide the Department with Certificate(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured within thirty (30) days after Contract execution and on the Contract anniversary date each year of the Contract. Contract No.: DMS -19/20-006C Mobile Communications Services Page 12 of 29 884 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Upon receipt of notice from its insurer(s), the Contractor must submit via email, to the Department's Contract Manager, notice of any cancellation of any required insurance that is not replaced at least thirty (30) calendar days prior to cancellation. In the event of cancellation, the Contractor will be responsible for securing a replacement insurance policy in accordance with this section within thirty (30) Business Days after the final date of the cancelled policy. 7.3 Indemnification The Contractor agrees to indemnify, defend, and hold the Department, Customers, and the State of Florida, its officers, employees, and agents harmless from all third -party fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. However, the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State, the Department, or a Customer, nor shall the foregoing indemnification obligations apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Department and Customer the right to continue using the product or to modify it, in accordance with the Contract terms and conditions, to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer and Department the right to continue using the product, the Contractor shall remove the product and refund the Customer and Department the amounts paid in excess of a reasonable rental for past use. The Department and Customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the Department or State or Customer giving the Contractor: (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. 7.4 Limitation of Liability For all claims against the Contractor under any PO, CSA, or contract entered into under this Contract, and regardless of the basis on which the claim is made, the Contractor's liability under such a PO, CSA, or contractfor direct damages shall be limited to the greater of $100,000 or two (2) times the dollar amount of such PO, CSA, or contract. Contract No.: DMS -19/20-006C Mobile Communications Services Page 13 of 29 885 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Unless otherwise specifically enumerated in the Contract, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The limitations of this section do not apply to the Contractor's obligations under section 7.3. Indemnification, and section 9.5, Other Indemnifications and Credit Monitoring, of the Contract. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY 8.1 Public Records Solely for the purpose of this section, the Department's Contract Manager is the agency custodian of public records. If, under this Contract, the Contractor is providing services and is acting on behalf of the Department, as provided in section 119.0701, F.S., the Contractor shall: 1. Keep and maintain public records required by the Department to perform the service. 2. Upon request from the Department's custodian of public records, provide the Department 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, F.S., or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the Department. 4. Upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE CONTRACT MANAGER. Contract No.: DMS -19/20-006C Mobile Communications Services Page 14 of 29 886 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 8.2 Protection of Trade Secrets or Confidential Information If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract -related materials") to be trade secret under section 688.002 or 812.081, F.S., or any other applicable law, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to contract -related materials it has designated trade secret or otherwise confidential. If the Department is served with a request for discovery of contract -related materials designated by the Contractor as trade secret or otherwise confidential, the Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated trade secret or otherwise confidential if the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential. The Contractor will protect, defend, indemnify, and hold harmless the Department for third - party claims, costs, fines, and attorney's fees arising from or relating to its designation of contract -related materials as trade secret or otherwise confidential. 8.3 Document Management and Record Retention The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to the Contract, including those required by Section 6.6, Cooperation with Inspector General. Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at:http://dos.myflorida.com/library-archives/records-management/general-records- schedules/. 8.4 Intellectual Property No provision of this Agreement shall be construed as vesting in the Department any control, ownership or rights in any facilities, operations or intellectual property of Contractor. The Parties agree that this Contract does not contemplate any development work, e.g., of software or any other intellectual property, for or on behalf of Customer that requires additional IP ownership rights to vest in Customer. In the event the Parties agree that the Contractor will perform custom development work for or on behalf of Customer, which development work warrants the license or assignment of additional IP rights to Customer, the Parties shall enter into a separate agreement setting forth the work to be completed, the fees to be paid, and the rights to be assigned. SECTION 9. DATA SECURITY REQUIREMENTS 9.1 Duty to Secure State Data The Contractor will implement and maintain best practices for technical and organizational controls to protect the security of State Data, including, but not limited to, keeping a secure area around any displayed or otherwise visible State Data and such data is stored and Contract No.: DMS -19/20-006C Mobile Communications Services Page 15 of 29 887 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 secured when not in use. The Contractor will be responsible for ensuring that all Persons it contracts with to maintain, store, or process State Data on its behalf will comply with all data security requirements of this section. The Contractor will also comply with any other applicable State or federal rules and regulations regarding security of information. The State will remain the owner of all State Data and any other data made available by the State to the Contractor pursuant to this Contract. Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services under this Contract from outside of the United States. Notwithstanding the previous statement, services under this Contract relating to help desk services, system maintenance, and order processing review may be performed outside of the United States. Access to data that is not classified as personal information pursuant to section 501.171, F.S., or data that is not classified as confidential or exempt pursuant to any other Florida or federal law is allowed from outside the United States under this Contract, provided that the access is provided in compliance with Chapter 6000-2, F.A.C. Except as provided above, the Contractor will not allow, through its action or inaction, any State Data to be sent by any medium, transmitted, or to be Accessed outside of the United States. The Contractor will not store any State Data outside of the United States. The Contractor shall comply with section 501.171, F.S. The Parties agree that the Contractor shall provide the notifications required by sections 501.171(3) and (4), F.S. on behalf of the Department, in accordance with section 501.171(6)(b), F.S. 9.2 State Data Access The Contractor shall retain a list of all Persons, as defined in Attachment E — Definitions and Acronyms, with Access to State Data, including a statement confirming that each Person has passed the background screening required herein. This statement shall not include the substance of the screening results, only that the Person has passed the screening. The Contractor shall follow and maintain its written security policy. The security policy or a high-level summary of the security policy subject to DMS acceptance is subject to disclosure within thirty-six (36) hours upon written demand by the Department or its designated agents or auditors and are subject to audit and screening. The security policy may be substituted with a high-level summary of the security policy. The high-level summary of the security policy is subject to DMS acceptance. The Contractor shall document and record, with respect to each instance of Access to State Data: 1. To the extent known, the identity of all individual(s) who Accessed State Data in any way, whether those individuals are authorized Persons or not; 2. The duration of the individual(s)' Access, including the time and date at which the Access began and ended; 3. The identity, form, and extent of State Data Accessed, including, but not limited to, whether the individual Accessed partial or redacted versions of State Data, read-only versions of State Data, or editable versions of State Data; and Contract No.: DMS -19/20-006C Mobile Communications Services Page 16 of 29 888 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4. The nature of the Access, including whether the State Data was edited or shared with any other individual or entity during the duration of the Access, and, if so, the identity of the individual or entity. The damages that would result from the Contractor's failure to compile, retain, and provide access to the written policy (or the aforementioned high-level summary) and information required in this subsection are by their nature impossible to ascertain presently and will be difficult to ascertain in the future. The issues involved in determining such damages will be numerous, complex, and unreasonably burdensome to prove. The Contractor therefore agrees to credit the Department the sum of $5,000 for each breach of this subsection. The parties acknowledge that these credits are liquidated damages, exclusive of any other right to damages, not intended to be a penalty, and solely intended to compensate for unknown and unascertainable damages. 9.3 Violations of Data Security Requirements A "Security Breach" in this Section 9 means an unauthorized Access of State Data while it is within the Contractor's control. Good faith Access of State Data by a Person, as defined in Attachment E — Definitions and Acronyms, does not constitute a security breach, provided that the information is not used for a purpose unrelated to the furtherance of the Contract or subject to further unauthorized Access. However, unauthorized Access includes incidents where Persons with authorized Access for certain purposes otherwise gain Access for unauthorized purposes. The Contractor agrees that a Security Breach, including any violations of Section 9. 1, Duty to Secure State Data, will entitle the State to a credit commensurate with the Department and Customer's internal staffing and administrative costs associated with managing the Security Breach or violation of Section 9.1, Duty to Secure State Data, as determined by the Department. Such credits will not preclude the State from recovering other damages it may suffer as a result of the Security Breach or violation of Section 9. 1, Duty to Secure State Data. 9.4 Notification Requirements In the event of a Security Breach, including any violations of Section 9.1, Duty to Secure State Data, or a credible allegation of a Security Breach or violation of Section 9.1, Duty to Secure State Data (as determined by the Contractor or the Department), the Contractor must notify the Department's Contract Manager and the affected Customer as expeditiously as practicable in writing or by phone, but in all instances no later than one (1) Business Day of confirmation of Security Breach impacting the Services or credible allegation . Notification is required regardless of the number of persons or type of State Data affected or potentially affected. The notification must be clear and conspicuous and include a description of the following: 1. The incident in general terms; 2. The type of information, to the extent known or should have been known, that was subject to the violations of Section 9.1, Duty to Secure State Data, or credible allegation of Security Breach; 3. The type and number of entities and individuals who were, or potentially have been, affected by the incident, to the extent known or should have been known; and Contract No.: DMS -19/20-006C Mobile Communications Services Page 17 of 29 889 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4. The actions taken by the Contractor to protect the State Data from further unauthorized Access. However, the description of those actions in the notice may be general so as not to further increase the risk or severity of the Security Breach. The Contractor must also as expeditiously as practicable, but no later than seventy-two (72) hours from the time of discovery, set up a conference call with the Department's Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30) minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information about the Security Breach or suspected Security Breach must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all remedial actions of the Contractor. 9.5 Other Indemnifications and Credit Monitoring The Contractor shall be fully liable for the actions of all Persons, as defined in Attachment E — Definitions and Acronyms, and shall fully defend, indemnify, and hold harmless the Department, Customers, the State of Florida, its officers, directors and employees from any third -party claims, suits, actions, damages, proceedings, and costs of every name and description, including attorney's fees, to the extent arising or resulting from a violation by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, of Section 9, Data Security, and Section 13, Background Screening and Security, resulting in the Security Breach of State Data. The Contractor shall provide credit monitoring services at its own cost for those individuals affected or potentially affected or by a Security Breach caused by the Contractor's negligence or willful misconduct, or violation of this agreement of these sections by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, for a twelve-month period of time following the Security Breach. SECTION 10. GRATUITIES AND LOBBYING 10.1 Gratuities The Contractor will not, in connection with the Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying Funds provided under this Contract shall not be used to violate the provisions of sections 11.062 and 216.347, F.S. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after Contract execution and during the Contract's term. Contract No.: DMS -19/20-006C Mobile Communications Services Page 18 of 29 890 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SECTION 11. CONTRACT MONITORING 11.1 Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof as it relates to orders provided under this Contract. Coordination must be maintained by the Contractor with representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. 11.2 Performance Deficiencies and Service Level Agreements Service Level Agreements (SLAs) dictate the levels of service delivery for individual services. The parties acknowledge that these SLAs contain financial consequences, as required by section 287.058, F.S., are exclusive of any other right to damages, and are not intended to be a penalty. The Contractor therefore agrees to credit the Department consistently with the Contract, including as set forth in Attachment C - Service Level Agreements. Financial consequences that are due to a Customer after the completion of service, or exceed any payment due to the Contractor, shall be submitted by check rather than as a credit. One, multiple, or recurring violations of a SLA may be considered a breach of the Contract and may result in a suspension or cancellation of PO(s) or CSA(s) pursuant to Section 1.3.3 of the Contract. The Department reserves the right to determine when violation(s) of SLAs constitute a breach of the Contract or will result in a suspension or cancellation of PO(s) or CSA(s). The Department's determination of a breach of the Contract or suspension or cancellation of PO(s) or CSA(s) will depend on the number and severity of the SLA violation(s), disruption to service, Contractor's response, and other factors. In addition to the processes set forth in the Contract (e.g., SLAs), if the Department determines that there is a performance deficiency that requires correction by the Contractor, then the Department will notify the Contractor in writing. The correction must be made within a timeframe specified by the Department. The Contractor must provide the Department with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department. If the corrective action plan is unacceptable to the Department, or implementation of the plan fails to remedy the performance deficiencies, the Department will retain ten percent (10%) of the total invoice amount and may suspend or cancel PO(s) or CSA(s) or may suspend work or terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited in order to compensate the Department for the performance deficiencies and the Department may suspend or cancel PO(s) or CSA(s) or may terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. 11.3 Timely Performance The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contract No.: DMS -19/20-006C Mobile Communications Services Page 19 of 29 891 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer's delay. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) business days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) business days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants the same level of preferential treatment that it would grant to similarly situated government Customers with respect to devices, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS 12.1 Performance or Compliance Audits The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review copies of all the Contractor's and subcontractor's relevant data and records that directly relate to the Contract. The Parties shall agree in writing on the scope of the inquiry, timeframe, location (if an audit is to be conducted), and other terms and conditions before work to satisfy the inquiry is commenced. To the extent necessary to verify the Contractor's claims for Contract No.: DMS -19/20-006C Mobile Communications Services Page 20 of 29 892 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners or agents of the Contractor, providing services directly under o the Contract, may be inspected by the Department upon fifteen (15) days' written notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents providing services directly under this Contract are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts directly relating to the Contract. The State of Florida's Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit Records of costs incurred under terms of the Contract will be maintained in accordance with Subsection 8.3, Document Management and Record Retention. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work related to this Contract, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer, or the Office of the Auditor General. 12.3 Document Inspection In accordance with section 216.1366, F.S., the Department is authorized to inspect the: (a) financial records, papers, and documents of Contractor that are directly related to the performance of Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of Contractor which the Department determines are necessary to monitor the performance of Contract or to ensure that the terms of the Contract are being met. Contractor shall provide such records, papers, and documents requested by the Department within ten (10) business days after the request is made. SECTION 13. BACKGROUND SCREENING AND SECURITY All Contractor employees, subcontractors and agents performing work under the Contract must comply with all security and other requirements of the Department or the Customer. 13.1 Background Screening In addition to any background screening required by the Contractor as a condition of employment, the Contractor warrants that it will have conducted a criminal background screening of, or ensure that such a screening is conducted for, each of its employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person, hereinafter referred to as "Person" or "Persons," operating under its direction with Access to State Data or who enter either the premises or facilities where State Data is stored or accessible. Contractor is not required to conduct the aforementioned background screening of a Person if that Person does not have Access to State Data and if that Person, whenever on Customer premises or facilities, is escorted by Customer authorized personnel. The Contractor warrants that all Persons will have passed the background screening described herein before they have Access to State Data or begin performing services under the Contract. The look -back period for such background screenings shall be for a minimum of six (6) years where six (6) years of historical information is available. Contract No.: DMS -19/20-006C Mobile Communications Services Page 21 of 29 893 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The minimum background check process will include a check of the following databases through a law enforcement agency or a Professional Background Screener accredited by the National Association of Professional Background Screeners or a comparable standard: 1. Social Security Number Trace; and 2. Criminal Records (Federal, State, and County criminal felony and misdemeanor, national criminal database for all states which make such information available). The Contractor agrees that each Person will be screened as a condition prior to performing services or having Access to State Data. The Contractor is responsible for any and all costs and expenses in obtaining and maintaining the criminal background screening information for each Person described above. The Contractor will maintain documentation of the screening in the Person's employment file or applicable Contractor system. The Contractor will abide by all applicable laws, rules, and regulations including, but not limited to, the Fair Credit Reporting Act and/ any equal opportunity laws, rules, regulations, or ordinances. 13.2 Disqualifying Offenses If at any time it is determined that a Person has a criminal misdemeanor or felony record, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict), within the last six (6) years, where six (6) years of historical information is available, from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with Access to State Data or directly performing services under the Contract. The disqualifying offenses are as follows: 1. Computer related crimes 2. Information technology crimes; 3. Fraudulent practices; 4. False pretenses; 5. Fraud; 6. Credit card crimes; 7. Forgery; 8. Counterfeiting; 9. Violations involving checks or drafts; 10. Misuse of medical or personnel records; and 11. Felony theft. If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years where six (6) years of historical information is available from the date of the court's disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have Access to State Data. The Contractor will consider the following factors only in making the determination: i) nature and gravity of the offense, ii) the amount of time that lapsed since the offense, iii) the rehabilitation efforts of the Person, and iv) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed Access to State Data, then Contractor shall maintain all criminal background screening information and the rationale for such Access in the Person's employment file. The Contractor will promptly notify the Department of any determinations made pursuant to this subsection. Contract No.: DMS -19/20-006C Mobile Communications Services Page 22 of 29 894 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Department reserves the right to require removal of any Persons from performing work on the Contract for any reason. 13.2.1 Refresh Screening Contractor will ensure that all background screening of key staff will be refreshed every five (5) years from the time initially performed for each Person during the term of the Contract. 13.2.2 Self -Disclosure The Contractor shall ensure that all key staff have a responsibility to self-report within three (3) calendar days to the Contractor any updated court disposition regarding any disqualifying offense, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict). The Contractor shall immediately reassess whether to disallow that Person Access to any State of Florida premises or from directly performing services under the Contract. In addition, the Contractor shall ensure that all key staff have a responsibility to self-report to the Contractor within three (3) calendar days, any arrest for any Disqualifying Offense. 13.3 Department's Ability to Audit Screening Compliance and Inspect Locations The Department reserves the right to audit the Contractor's background screening process upon fifteen (15) days prior written notice to the Contractor during the term of the Contract. The parties shall agree in writing on the scope of the inquiry, timeframe, location (if an audit is to be conducted), and other terms and conditions before work to satisfy the inquiry is commenced. The Department will have the right to inspect the Contractor's working area, computer systems, and/or locations to ensure that Access to State Data is secure and that the background screening process is in compliance with the Contract and all applicable state and federal rules and regulations. SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY 14.1 Public Statements The Contractor shall not, without first notifying the Department's Contract Manager and securing the Department's prior written consent, make public statements or publicly disseminate any information which concern the Contract or its subject matter, including, but not limited to: 1. disclose or permit disclosure of any data or information obtained or furnished in accordance with the Contract, 2. use any statement attributable to the Department or its employees, 3. mentioning the Contract in a press release or other promotional material, or 4. otherwise linking Contractor's name and either a description of the Contract or the name of the State, the Department or any Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. Public statements include press releases, publicity releases, promotions, marketing materials, corporate communications, or other similar communications. If provided, the Department's written consent shall not be construed to supersede or waive the Contract requirements imposed on the Contractor to maintain confidential information. Contract No.: DMS -19/20-006C Mobile Communications Services Page 23 of 29 895 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Contractor will not use the State of Florida seal, name, or logo of the Department or State of Florida, or Contractor's relationship to the Department for any purpose without the prior written consent of the Department. The Contractor may refer to the Contract as an experience citation with other customers without prior approval. The Contractor shall have the following obligations with respect to the marketing of this Contract to any Customers: 1. To use its commercially reasonable efforts to further the promotion, advertising, and marketing of services available under this Contract; and 2. To use its commercially reasonable efforts to promote the equitable utilization of this Contract to Other Eligible Users to any other cooperative purchasing contract for similar services. 14.2 Confidential Information The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all applicable state and federal laws, including, but not limited to Chapter 119, F.S., and sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 15. LICENSING All services shall include all required licenses for Customers to utilize the services at no additional cost to the Customer. This section does not govern Contractor or third -party software (which includes applications and enhancement software) sold separately, which are not necessary to provide the WDS, WVS, or public safety services under this Contract (as examples device operating software or device firmware). Any software (which includes applications and enhancement software) licensed separately by the Contractor or its third -party supplier to Customers for use will be governed by the written terms and conditions applicable to such software or application (e.g., End User License Agreements (EULAs)). When Customers purchase any software (which includes applications and enhancement software) licensed separately, applicable terms and conditions (e.g., EULAs will be provided to Customers and may be provided via URL or click -through at point of sale or upon login to the third -party software application. The Contract will take precedence over any and all EULA's conflicting terms. Any provisions in applicable terms and conditions that require the Department to indemnify the Contractor are inapplicable. Contract No.: DMS -19/20-006C Page 24 of 29 Mobile Communications Services 896 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SECTION 16. PERFORMANCE BOND Within thirty (30) days of Contract execution, Contractor will deliver to the Department's Contract Manager a performance bond in the amount of $500,000 (five hundred thousand). This shall also apply to any renewal years. The bond shall name the Department as the beneficiary and will be used to guarantee satisfactory performance by the Contractor throughout the term of the Contract. 1. The performance bond shall be maintained throughout the term of the Contract. The performance bond must be issued by an acceptable surety company, as determined by the Department, and which surety must be licensed to do business in the State of Florida. The insurer or bonding company shall pay losses suffered by the State of Florida directly to the Department. 2. The Contractor and insurer or bonding company shall provide the Department prior written notice or immediate notice upon knowledge of any attempt to cancel or to make any other material change in the status, coverage, or scope of the performance bond, or of the Contractor's failure to pay bond premiums. 3. The Department shall not be responsible for any premiums or assessments on or in relation to the performance bond. 4. The performance bond is to protect the Department and the State against any loss sustained through failure of the Contractor's performance in accordance with the Contract. No payments shall be made to the Contractor until the performance bond is in place and approved by the Department in writing. 5. Within thirty (30) days of Contract execution, and by Contract execution anniversary each year following, the Contractor shall provide the Department with a surety bond continuation certificate or other acceptable verification that the performance bond is valid and has been renewed for an additional year. 6. The performance bond provided under this section shall be used solely to the extent necessary to satisfy the damage claims made by the State of Florida pursuant to the terms of the Contract. In no event shall the performance bond be construed as a penalty bond. 7. No sooner than two (2) years after Contract execution, if it is in the best interest of the State of Florida, as determined by the Department, the Contractor's performance bond may be reduced for the remainder of the term. This reduction shall require an amendment to the Contract with the agreement of both parties. SECTION 17. CUSTOMER OF RECORD The Department is considered the Customer of Record for all services for the purposes of the Federal Communications Commission and Customer Proprietary Network Information. SECTION 18. SPECIFIC APPROPRIATION The following is the specific State fund from which the State will make payment under the first year of the Contract: General Appropriations Act (Florida Law) 2845 SPECIAL CATEGORIES Contract No.: DMS -19/20-006C Mobile Communications Services Page 25 of 29 897 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 CENTREX AND SUNCOM PAYMENTS FROM COMMUNICATIONS WORKING CAPITAL TRUST FUND SECTION 19. MISCELLANEOUS 19.1 Warranty of Contractor's Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall notify the Department of any regulatory or legal actions filed by any federal, state, or local government entity and any other litigation that is reasonably likely to have a material adverse impact on the Contractor's ability to perform under this Contract within thirty (30) days of the action being filed. The Contractor must notify the Department of any legal actions filed against it for a breach of a contract that is of similar size and scope to this Contract within thirty (30) days of the action being filed, unless such legal action is withdrawn or dismissed within such thirty (30) day period. Failure to notify the Department of a legal action within thirty (30) days of the action will be grounds for termination for cause of the Contract. The Contractor shall within five (5) calendar days notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. 19.2 Subcontractors, Affiliates, Partners, Teammates, Third -Party Vendors The Contractor is fully responsible for satisfactory completion of all subcontracted work, including work by affiliates, partners, teammates, and all other third -party vendors, in accordance with the terms and conditions of the Contract. 19.3 Assignment The Contractor will not sell, assign, or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department, which shall not be unreasonably withheld. However, the Contractor may assign its right to receive payment under the Contract without the Department's consent upon written notice to the Department, with documentation supplied to the Department as required. In the event of any permitted assignment, the Contractor remains secondarily liable for performance of the Contract, unless such responsibility is waived by the Department in writing. The Department may assign the Contract with prior written notice to the Contractor. 19.4 Independent Contractor The Contractor is an independent contractor. The Contractor and its employees, agents, representatives, and subcontractors, affiliates, partners, teammates, and all other third - party vendors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or Contract No.: DMS -19/20-006C Mobile Communications Services Page 26 of 29 898 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 conduct of the Contractor or its employees, agents, representatives, or subcontractors, affiliates, partners, teammates, and all other third -party vendors. 19.5 Risk of Loss Matters of inspection and approval are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity at Contractor's expense, it may be returned within thirty (30) days of receipt, and the risk of loss will remain with the Contractor. For Contractor -installed in -building infrastructure owned by the Contractor (e.g., bidirectional amplifiers, including antennas and power), Contractor will remove the commodity (except for cabling) from the premises within thirty (30) days, after notification of rejection, removal fees may be applicable, and the risk of loss will remain with the Contractor. For Contractor -installed in -building infrastructure, commodities not removed by the Contractor within thirty (30) days of receipt of notification will be deemed abandoned by the Contractor, and the Customer or the Department will have the right to dispose of it as its own property. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities 19.6 Safety Standards Performance of the Contract for all commodities or contractual services must comply with applicable requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 19.7 Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 19.8 Time is of the Essence Time is of the essence regarding each and every obligation of the Contractor. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 19.9 Waiver The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 19.10 Modification and Severability With the exception of the process described in Section 5.2, Change Requests, this Contract may only be modified by a written agreement signed by the Department and the Contractor. Contract No.: DMS -19/20-006C Mobile Communications Services Page 27 of 29 899 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SIGNATURE PAGE IMMEDIATELY FOLLOWS Contract No.: DMS -19/20-006C Mobile Communications Services Page 28 of 29 900 DocuSign Envelope ID: 3734B6CB-OA68-4230-98EC-BFA22E3D52CC SO AGREED by the parties' authorized representatives on the dates noted below: FLORIDA DIERTMENT OF MANAGEMENT SERVICES J. Todd Inman, Secretary Date CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS DocuSigned by: Todd Loccisano VP - Commercial Deal Management (Wireless), Verizon Business Group Print Name and Title 7/27/2021 1 9:59 AM MDT Date Contract No.: DMS -19/20-006C Mobile Communications Services Page 29 of 29 901 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Department of MANAGER SERVICES We serve those who serve Florida 4050 1Esplanade WZ Tallahassee, IFIL 32399-09% 850-488-27M Contract No.: DMS -19/20-006C Attachment A — Definitions and Acronyms All personal pronouns used in the Contract, whether used in the masculine, feminine, or gender - neutral, shall include all other genders; the singular shall include the plural; and the plural shall include the singular. The following definitions and acronyms apply to the Contract in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60FF-1, Florida Administrative Code (F.A.C.). In the event of a conflict, the definitions provided in this document will prevail. Access When capitalized, this means review, inspect, transmit, approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any State Data, regardless of type, form, or nature of storage; Access to a computer system or network includes local and remote access. Business Monday, Tuesday, Wednesday, Thursday, and Friday, excluding weekends and Days State paid holidays as set forth in section 110.117, F.S. Contractor The Responsive and Responsible Respondent awarded this Contract pursuant to ITN DMS -19/20-006. This definition supersedes the definition in section 287.012(7), F.S. CPNI Customer Proprietary Network Information. The definition of CPNI is the Title 47 U.S. Code § 222(h) (2019) definition. CRR Cost Recovery Rate. The Department's monthly cost recovery charge applied to Customer invoices. CSAB Communications Service Authorization and Billing system. httos://Dortal.suncom.mvflorida.com/start/#/Igg:in Customers The entities that are provided services under this Contract, including State agencies, which are required to use the SUNCOM Network, and other entities authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. End-user The individual that utilizes the device that consumes the resources defined by the monthly plan. The End -user's employer is the Customer. EUPL End User Price List HA/HR Highly -available and Highly -reliable. Systems, services, and implementations designed to eliminate planned downtime and prevent unplanned downtime; methods utilize specific hardware, software, and processes; typically implemented in mission critical services. IP Internet Protocol IPsec An Internet Engineering Task Force standard. Text from RFC 4301 - IPsec creates a boundary, between unprotected and protected interfaces, for a host or a network. Traffic traversing the boundary is subject to the access controls specified by the user or administrator responsible for the IPsec configuration. Contract No.: DMS -19/20-006C Attachment A: Definitions and Acronyms Page 1 of 2 902 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Contract No.: DMS -19/20-006C Attachment A — Definitions and Acronyms IPsec Tunnel Tunnels are a design technique utilized by telecommunications service providers to manage traffic. IPsec tunnels are used to create closed user groups to enforce segregation of traffic. IPsec tunnels are a specific type of tunnel which provides security services for IP packets through encryption, authentication, and protection against replay. MFN MyFloridaNet OEU Other Eligible Users. The entities provided services under this Contract that are not State agencies and are not required to use the SUNCOM Network but are otherwise authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. These include, but are not limited to, political subdivisions of the State, including counties, municipalities, school districts, and water management districts. Also included are, private nonprofit elementary and secondary schools conditioned upon certain requirements, universities, libraries of community colleges, and nonprofit corporations. Person When capitalized in Sections 9 and 13 of the Final Contract, this means the Contractor's employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person operating under the Contractor's direction with Access to State Data or who enters either the premises or facilities where State Data is stored or accessible. Reply A formal response to ITN No. DMS -19/20-006. Respondent An entity that submitted a Reply to ITN No. DMS -19/20-006. SLA Service Level Agreement SLA Clock Service Level Agreement Clock. The SLA clock refers to how a deliverable will be measured in terms of time for completion as stated in the particular SLA. SNMP Simple Network Management Protocol State The State of Florida State Data All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Contractor in its performance under this Contract. Subcontractor A third party performing work under the Contract at the direction of the Contractor, including affiliates, partners, teammates, and all other third -party vendors. VPN Virtual Private Network Concentrator. A device, or collection of devices, built to Concentrator manage secure connections within or between infrastructures. VRF Virtual Routing and Forwarding WDS Wireless Data Service WVS Wireless Voice Service Contract No.: DMS -19/20-006C Page 2 of 2 Attachment A: Definitions and Acronyms 903 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work MANAG SERVIC V e Sc—ve, ho, A h) r k,Jai Office of the Secretary 4050 Esp�lanade Way Tabhassee, FL 32399-0950 850-488-2786 ATTACHMENT A - STATEMENT OF WORK FOR MOBILE COMMUNICATION SERVICES ITN NO: DMS -19/20-006 INVITATION TO NEGOTIATE THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 1 of 66 Mobile Communication Services 904 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work III,,,,, II,,III Ofurl lfl"A 1. Statement of Work Introduction......................................................................................6 1.1 Mobile Communication Services Portfolio......................................................................6 1.2 MCS Objectives..............................................................................................................7 1.3 MyFloridaNet..................................................................................................................7 1.4 End User Price Lists and Vendor's Device List..............................................................7 1.5 Evolving Technology....................................................................................................11 2. Contractor Staffing.......................................................................................................14 2.1 Staffing Responsibilities...............................................................................................15 2.2 Key Staff Position - Account Manager..........................................................................18 2.3 Key Staff Position - Project Manager............................................................................19 2.4 Key Staff Position - Business Operations Manager......................................................19 2.5 Key Staff Position - Engineering and Design Manager................................................20 2.6 Key Staff Position - Operations and Security Manager................................................20 2.7 Customer Support Team..............................................................................................21 3. Services and Devices for Mobile Communication Services.........................................22 3.1 Wireless Voice Services...............................................................................................22 3.2 Wireless Data Service..................................................................................................22 3.3 Wireless Data Service - IP Addresses..........................................................................23 3.4 Wireless Data Service — Access Circuit.......................................................................23 3.5 Wireless Data Service - Closed User Groups..............................................................25 3.6 Wireless Data Service — Network -to -Network Interface Design...................................26 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 2 of 66 Mobile Communication Services 905 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 3.7 Wireless Data Service —Traffic Mapping into MyFloridaNet.........................................36 3.8 Wireless Data Service — Traffic Directly to the Internet................................................37 3.9 Wireless Data Service - Test Plan................................................................................39 3.10 State of Florida Coverage.............................................................................................39 3.11 Roaming.......................................................................................................................40 3.12 Security.........................................................................................................................40 3.13 Reviews of the Contractor's Service.............................................................................43 3.14 Emergency Services.....................................................................................................44 3.15 Contractor's Service Delivery Costs.............................................................................45 3.16 Highly Available and Highly Reliable Design Characteristics.......................................46 3.17 Reports, Updates, and Notifications Requirements......................................................47 3.18 Service Level Agreement Operational Process............................................................48 3.19 Customer Support........................................................................................................52 3.20 Contractor's MCS Portal...............................................................................................57 3.21 Devices.........................................................................................................................60 3.22 Cooperation with Other Contractors.............................................................................62 3.23 Customer Migration......................................................................................................62 3.24 Transition for Future Iterations of this Service..............................................................64 3.25 Contractor Meetings with DMS.....................................................................................66 3.26 Project Management....................................................................................................68 3.27 Project Management - Services Infrastructure Checklist..............................................72 4. Public Safety Service Plans and Devices.....................................................................74 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 3 of 67 Mobile Communication Services 906 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 4.1 Deployable Technologies.............................................................................................74 4.2 Local Control................................................................................................................77 4.3 Local control portal.......................................................................................................77 4.4 Public Safety Standards...............................................................................................80 4.5 Demonstration Devices................................................................................................81 4.6 Public Safety Customer Support..................................................................................81 4.7 Public Safety Reporting................................................................................................83 4.8 Public Safety Marketing................................................................................................84 5. Business Operations....................................................................................................96 5.1 General Description of the SUNCOM Business Model.................................................96 5.2 Communications Service Authorization and Billing Transaction Flowchart..................96 5.3 Communications Service Authorization and Billing — Official Record ...........................99 5.4 Communications Service Authorization and Billing - Interface with Contractor ............ 99 5.5 Communications Service Authorization and Billing Service Catalog ..........................100 5.6 Taxes and Government Sanctioned Fees..................................................................100 5.7 User Access Privileges for the Contractor..................................................................101 5.8 Work Orders...............................................................................................................101 5.9 Inventory.....................................................................................................................102 5.10 Invoicing Requirements..............................................................................................102 5.11 Electronic Substantiating Detail File...........................................................................102 5.12 Audit of Contractor Invoices.......................................................................................103 5.13 Mandatory Interface with the Contractor....................................................................103 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 4 of 67 Mobile Communication Services 907 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 5.14 Properly Authorized Work Orders...............................................................................103 5.15 General Billing Requirements.....................................................................................103 5.16 Billing Start.................................................................................................................103 6. Direct Ordering and Billing..........................................................................................104 6.1 Services and Devices Sold to Direct -Billed Customers ..............................................104 6.2 Cost Recovery Rate...................................................................................................104 6.3 Contract Association on Direct -Billed Accounts .........................................................105 6.4 Monthly Reporting of Direct -Billed Accounts..............................................................105 6.5 Quarterly Reporting of Direct -Billed Accounts............................................................106 6.6 Customers Liability.....................................................................................................106 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 5 of 67 Mobile Communication Services 908 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 1. Statement of Work Introduction This Attachment A — Statement of Work (SOW) describes cellular voice and data services, secure access to MyFloridaNet (cellular data -only devices), and other related telecommunication services, cellular phones, associated devices, accessories, and features, collectively referred to herein as Mobile Communication Services (MCS). All requirements contained in this SOW are Contract requirements. Deliverables and associated financial consequences (hereinafter referred to as "Service Level Agreements" or "SLAs") are specified on Attachment C — Service Level Agreements. 1.1 Mobile Communication Services Portfolio Mobile Communication Services are described below as well as in the public safety services in Section 4. 1.1.1 Wireless Voice Services (WVS), includes plans and cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices (cellular voice) and to traditional phones on the Public Switched Telephone Network (PSTN). This set of services also provides broadband access for email, internet browsing, texting, and numerous applications. 1.1.2. Wireless Data Services (WDS), includes a similar set of broadband services and devices as WVS but does not provide cellular voice and does not include PSTN voice connectivity. This set of services can provide secure data access into MyFloridaNet (for additional information, see Section 1.4, MyFloridaNet, below). Both sets of services include broadband data service plans governing the Customer's monthly allotment for broadband access. 1.1.3 Web portals for both WVS and WDS. Customers utilize the DMS Communications Service and Billing system (CSAB) to review all MCS offerings, which are found on the End User Price List (EUPL). Orders are either placed directly via MyFloridaMarketPlace (MFMP), CSAB, or direct with the Contractor. For additional information regarding the EUPL, see Section 5, Business Operations. 1.1.4. Accessories include, but are not limited to, antennas, phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 1.1.5. Equipment includes, but is not limited to, smartphones, basic phones, air cards, hot spots, tablets, and public safety wearables (within the optional subsection on Public Safety Service Plans and Devices). ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 6 of 67 Mobile Communication Services 909 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.2 MCS Objectives In accordance with the Department's objectives for MCS, the Contractor shall provide: 1. Services and devices that keep pace with rapidly evolving technologies and related service plans. 2. A range of rate plans with a wide variety of up-to-date features. 3. Customer support services, including the Contractor's MCS portal and superior staffing, with the best possible customer service. 4. Clearly articulated adoption of standards and designs in this SOW. 5. Complete and timely reporting on services to the Department and Customers. 6. Service strength with as much 4G/4G LTE or better service coverage as possible. 7. Highly -Available, Highly -Reliable (HA/HR) infrastructures. 8. Support for devices and software systems from different manufacturers. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.3 MyFloridaNet MyFloridaNet (MFN) is the State's Multiprotocol Label Switching data network. MFN allows State agencies and other authorized users to communicate with each other. Information about MFN is available at: !a; tpa-,//�rv�e,v„jirk;.::.i�o�tloiriida„coimlbusiilrness ofaelratiol�s/tellecolr�lr�uir�icatioirns/sulrncolrn2/data selrvic es/mLtloiriidanet 2 No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. 1.4 End User Price Lists and Vendor's Device List This subsection applies to both WVS and WDS. 1.4.1 EUPL and Vendor's Device List The format of the EUPL and Vendor's Device List must be approved by the Department. The Contractor must have one (1) EUPL and one (1) Vendor's Device List that incorporate all offerings. ITN No.: DMS -19/20-006 Page 7 of 67 Attachment A: Statement of Work Mobile Communication Services 910 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work The Vendor's Device List should include all proposed devices, including, at a minimum, cellular phones, smartphones, tablets, broadband access devices (data -only), cellular mobile broadband devices (support for internet access), devices supporting secure access to MFN, and accessories. Devices may be shown with a variety of packages, with detailed pricing, and descriptions of associated services, devices and/or features. Any services, devices, and/or features provided at no cost should be identified as $0.00. Vendor's Device List may also include Public Safety wearables and other Public Safety wireless enabled devices. All devices shall include an AC charger at no additional cost, however additional or replacement AC chargers may be offered with a cost associated. Contractor's may offer a price discount if a chargeable device is sold without an AC charger included. For all items listed below, the Vendor's Device List should include: manufacturer and model, vendor's identification number (SKU), vendor's commercially advertised retail price as of the date the EUPL is submitted to the Department, State purchase price, and any promotional pricing, as well as the following device -specific information: 1. Smartphones a. Operating system, camera, removable memory (if available), hearing aid compatibility, mode, and other features. b. At least one (1) unlocked iPhone and one (1) unlocked Android smartphone. 2. Air Cards, USBs, and hotspots a. Mode, compatibility with 4G LTE, compatibility with 5G, compatibility with Apple Operating Systems (iOS, Mac OS), compatibility with Microsoft Operating systems (Windows), external antenna, and other features. 3. Tablets a. Operating system, camera, removable memory (if available), and other features. 4. Basic Phones. a. At least one (1) basic phone that is available to Customers at no charge, other than the cost of the purchased service plan. 5. Accessories a. May include phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 6. Public Safety Wearables a. Contractor's EUPL should state service prices as monthly recurring charges (MRC) or non-recurring charges (NRC). The EUPL should include, as applicable, the following information for provided services and devices, at a minimum: 1. Non -pooled Plans a. Pricing and details of all non -pooled plans, which may include: i. Voice per minute rate plans: usage based, limited ii. Unlimited plans: voice; voice and text; voice, text, and data; voice, data, messaging, and hotspot iii. Messaging plans: limited and unlimited ITN No.: DMS -19/20-006 Page 8 of 67 Attachment A: Statement of Work Mobile Communication Services 911 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work iv. Data only device plans: per megabyte data plan, data plan with tethering, data plan without tethering, and unlimited data b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Description of services included in the monthly recurring costs, including the number of messages (SMS/MMS), minutes (anytime, nights, or weekends), data limits, and included features, such as call waiting. i. Detail how airtime and other measured usage are billed; for example, in full -minute increments, rounded up to the next full increment at the end of each call for billing purposes, unanswered outgoing calls incurring airtime. ii. Description of billing for calls directly dialing or receiving from the same carrier. iii. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. iv. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 2. Pooled Plans a. Pricing and details of all pooled plans, which may include: i. Description of tiers, including the number of minutes included in the plans. b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Describe: i. how the minutes are aggregated and credits are applied; ii. how a Customer can have more than one pool; iii. rollover minutes; iv. pool limitations, e.g., limits to the number of users; and v. included features, such as call waiting. 3. Push -to -Talk a. Pricing and details of all push -to -talk plans, which may include: i. Standalone push -to -talk and add-on push -to -talk plans. ii. Relevant unit pricing including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. iii. Description of services included in the monthly recurring costs and included features 1. Detail how measured usage is billed, for example, in full -minute increments, rounded up to the next full increment at the end of each call for billing purposes, or unanswered outgoing calls incurring airtime. 2. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 9 of 67 Mobile Communication Services 912 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 3. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 4. Machine -to -Machine a. Pricing and details of all machine -to -machine and internet of things service plans which may include: i. Description of tiers, including the usage caps of each tier. One (1) MB to twenty (20) GB requested, at minimum. b. Relevant unit pricing, including price per minute, variation of price per MB for nights and weekends, and monthly rollover of minutes or data. c. Description of services included in the monthly recurring costs and included features. i. Detail how measured usage is billed. ii. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 5. Discounts a. All proposed discounts off accessories and devices. b. State what published price the discount percentage applies to (MSRP, vendor published catalog, etc.). i. Describe any additional proposed discounts, such as 100% discount off activation fees. ii. Specific pricing for devices should be listed in the Vendor's Device List. 6. Additional Features, Fees, and Other Items a. The EUPL may describe and detail any additional offerings that are contemplated within the SOW. i. These may include chargeable features, such as robo-call blocking, mobile device management, etc. ii. The EUPL may also include tiered pricing. b. There will be no activation fees for services and devices purchased off the Contract. c. There are no termination fees for services purchased off of the Contract. d. Rate plans shall be month to month, unless otherwise agreed in writing by the DMS Contract Manager. e. In the event that a rate plan includes a device subsidy and the Customer terminates services early, the Contractor may bill the Customer for the unpaid portion of the subsidized amount on the Customer's invoice. For example, a device is offered at discounted price if purchased with a twenty-four (24) month rate plan. In the event a Customer purchases a subsidized device and the Customer terminates services early, or moves to a lesser price plan or disconnects the devices from the Contractor's network within twenty-four (24) months of the device activation, the Contractor may bill the Customer for the unpaid portion of the subsidized amount of the device. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 10 of 67 Mobile Communication Services 913 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 1.4.2 Update Process to EUPL Given the fast pace of technological progress, DMS anticipates that plans and devices will improve and undergo alterations, within the scope of the Contract, over the term of the Contract. Changes in service plans, features, devices, or technology offered by the Contractor in the same, alternative, or equivalent form and within the scope of the Contract are permissible updates. Updates may be prompted by the Contractor, DMS, or Customers. Some updates may be accomplished via the change request process described in Section 5.2, Change Request, of the Contract; however, at DMS's sole discretion, updates may require a Contract amendment. Contractor -Requested Updates. The Contractor may request updates to its EUPL and Vendor's Device List throughout the Contract term. Such requests must be emailed to the DMS Contract Manager for review and approval. DMS has absolute discretion to approve or deny Contractor - requested updates. The Contractor shall not offer Customers changes in plans, features, devices, or technology prior to obtaining DMS's written approval. The Contractor shall not offer any updated prices or rate structures until changes have been approved by DMS and DMS has published an updated EUPL. When requested by DMS, the Contractor shall provide documentation on the requested update, including, but not limited to, market research and service and device specifications. DMS may review the information from the Contractor and any other source. DMS will not approve an update request until and unless the criteria below is met to its satisfaction. However, DMS reserves the right to deny an update request even if all of the criteria are met. The Contractor shall: 1. Substantially demonstrate the combined pricing is competitive to market rates offered under s t a t e government contracts similar in size, scope and terms, specifically that it is equal to or less than combined pricing for similar offerings in the State of Texas, State of California, and State of New York and excluding rates for commercial contracts; 2. Fully demonstrate the pricing is related to and is in line with currently offered pricing for similar services and equipment within the EUPL and/or the Vendor's Device List; and 3. Fully demonstrate the proposed pricing is in accordance with Contract Section 3.2.2, Preferred Pricing. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.5 Evolving Technology This section is applicable to all services and equipment, including devices. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 11 of 67 Mobile Communication Services 914 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work The Contractor shall ensure delivery of services and devices that keep pace with rapidly evolving technologies and related service plans. The Vendor's Device List and EUPL must be kept up-to- date, in accordance with the process detailed within SOW Subsection 1.5, End User Price Lists and Vendor's Device List, offering the latest generation of devices and related service plans. The Contractor's IP infrastructure must provide evolving technologies and offer Customers the latest generation of telecommunications infrastructure and devices. Given the statements in this subsection: Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of the following: a. How Respondent will ensure delivery of services and devices that keep pace with rapidly evolving technology and related service plans. b. Describe the Respondent's commitment and plan to offer the latest generation of installed infrastructure supporting MCS (the Respondent's IP infrastructure). Verizon's Evolving Technology Verizon acknowledges the importance of ensuring delivery of services and devices that keep pace with rapidly evolving technologies and related service plans for customers purchasing under the State of Florida contract for Mobile Communication Services. In order to achieve this end, your Government Account Manager will keep DMS's authorized POC abreast of developments made possible through technological advancements as they become commercially available. As new technology becomes commercially available, DMS may add new plans, features and equipment that take advantage of the technology's functionality. If new equipment is needed, then the State may order new equipment in accordance with the terms and conditions for equipment upgrades as outlined in your overarching contract. Please note that the purchase of new equipment may require an extension of applicable line terms. Verizon acknowledges the requirements for updating Vendor's Device List and EUPL as detailed within SOW Subsection 1.5, End User Price Lists and Vendor's Device List. In order to ensure that we are offering the latest generation of devices and related service plans to DMS, Verizon can provide DMS with Quarterly Business Reviews (ABRs). These ABRs include, but are not limited to: a review of your recent account activity; cost saving opportunities and account optimization strategies; a discussion of new technologies, products and services; and any other items that you would like to discuss with us. From time -to -time your Government Account Manager may present new products, services, and offers outside of the QBR. Our Commitment to the Verizon Wireless Network Network leadership is the central element of our strategy, and we are continually investing in our network to extend our leadership. Since 2000, we have invested more than $145 billion nationwide to build and enhance our wireless network, and continue to make significant network -related capital investments, including spectrum acquisitions. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 12 of 67 Mobile Communication Services 915 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work We've deployed multiple LTE Advanced features on our network that already contribute to our unparalleled, award-winning network performance; and we've led the charge in harnessing unlicensed spectrum with our work on LTE -Unlicensed (LTE -U) (precursor to License Assisted Access [LAA]) and Citizens Band Radio Service (CBRS) @ 3.5 GHz. By design and with consistent investment over time, we are in a great position to continue to meet the needs of our customers with the nation's most reliable network, and to extend our lead over the competition. We are focusing our capital spending on adding capacity and density to our 4G LTE network while also building our next generation 5G network. We are densifying our network by utilizing small cell technology, in -building solutions and distributed antenna systems. Network densification enables us to add capacity to address increasing mobile video consumption and the growing demand for Internet of Things (IoT) products and services on our 4G LTE and 5G networks. Our thoughtful technology choices, well-rounded spectrum assets and excellence in execution position us for continued 4G distinction and 5G leadership. Verizon has multiple network -related projects underway or planned for the near future. 5G Technology Verizon is here. 5G will deliver enhanced fixed and mobile broadband, low -latency services and massive scale for IoT, which will transform all industries. 5G won't be a wireless "evolution," with better speeds and feeds, but a true revolution changing the way we work and interact: This means more connected services and devices, and higher broadband capacity that can benefit our entire society. We started with America's most reliable network. Now, we're providing 5G Nationwide coverage for more than 200+ million people in 1,800+ cities. And, we have expanded our 5G Ultra Wideband, the fastest in the world*, to select areas of 57 cities. 5G Ultra Wideband uses the high -band, ultra -wide millimeter wave spectrum to deliver 5G. These ultrafast speeds and reduced lag time (latency) can enable advancements in technology such as augmented and virtual reality, autonomous cars, connected cities and more. 5G Nationwide uses low -band spectrum enabled by dynamic spectrum sharing (DSS), which allows customers with 5G -enabled devices to use the high - frequency millimeter spectrum 5G Ultra Wideband network where it is available and fall back on the low -frequency 5G Nationwide network where it is not available. With these 5G technologies, our network has the power to deliver on eight capabilities, or currencies: Peak data rates, mobile data volumes, mobility, number connected devices, energy efficiency, service deployment, reduced latency and improved reliability. Initially, customers should expect our 5G Nationwide network to perform similarly to our award winning 4G LTE network. Performance and coverage will continue to grow over time. *Global claim from May 2020, based on Opensignal independent analysis of mobile measurements recorded during the period January 31- April 30, 2020. @ 2020 Opensignal Limited ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 13 of 67 Mobile Communication Services 916 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work For Verizon, there are four critically important foundational elements that underpin the construction of our 5G network: Optical fiber, abundant Radio Frequency spectrum, Software -Defined Networks (SDN) and mobile -edge computing (MEC). Fiber: We are reinventing our network architecture around a common fiber platform that will support both our wireless and wireline businesses. Spectrum: In addition to our low and mid -band spectrum, we have spectrum licenses in the 28 and 39 Gigahertz (GHz) band, collectively called millimeter - wave spectrum, which is being used for our 5G -technology deployment. Software -Defined Networks (SDN): As organizations strive to stay ahead of the competition in an increasingly digital economy, we've expanded our offerings to help them accelerate their digital transformation to support future 5G capabilities. Verizon's Virtual Network Services will support 5G devices on software -defined wide area network (SD -WAN) platforms, making it easier to manage network traffic and application performance across a wide area network on both public and private networks. An extension of SDN is network slicing, the ability to partition the network into varying service levels of performance and offerings. Mobile Edge Compute (MEC): We will use multi-access edge computing to move intelligence to the edge of the network, to minimize latency, and to maximize network efficiency. We will also build in privacy measures that understand data context, including location. Verizon's network legacy is rooted in being the first to deliver to customers the next - generation of wireless technology, nationwide, before any other carrier. • On October 1, 2018, we launched the first commercial 5G network - our 5G Home Internet service for consumers - in parts of four cities on our 5G Ultra Wideband network; additional cities continue to be added • In 2019, Verizon focused on dense, downtown areas and public spaces, and then rapidly expanded 5G availability • Through October 2020, Verizon has launched our 5G Ultra Wideband mobile network in select areas of 57 cities as well as parts of 43 stadiums and arenas and 7 airports, with a goal of 60 cities by the end of 2020 • On October 13, 2020, Verizon launched its 5G Nationwide network enabled by DSS in 1,800+ cities With 5G, we will continue to drive innovation across the technology landscape to bring new solutions to market for our customers. Your Government Account Manager can provide additional network roadmap information through an Executive Briefing. 2. Contractor Staffing This section is applicable to all services. The terms "Contractor staff' and "staff' include all staff employed by the Contractor providing services under the Contract and by its subcontractors providing services under the Contract. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 14 of 67 Mobile Communication Services 917 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work The Contractor shall provide sufficient, qualified staff to oversee and carry out the services of this Contract. The Contractor shall designate individuals in its organization to be contacts for DMS and its Customers in accordance with the following subsections. 2.1 Staffing Responsibilities 1. The Contractor staffing responsibilities include conducting all components of the Contract in a timely, efficient, productive, consistent, courteous, and professional manner. 2. The Contractor shall provide a sufficient number of Contractor staff to handle the workload projected for the start of the Contract and shall be scalable and flexible so staffing can be adapted as needed. 3. The Contractor shall devote the staffing time and resources necessary to successfully manage the Contract and provide the ongoing services, including having sufficient staff available for telephonic, email, and on-site consultations. 4. The Contractor shall provide each of its staff members orientation and training on all components of the Contract prior to allowing the staff member to work on any component of the Contract. The Contractor shall provide the DMS Contract Manager with documentation of this training upon request. 5. Key Staff. a. The Contractor shall initially fill all key staff positions and keep the key staff positions filled throughout the term of the Contract. Key staff positions will be filled within sixty (60) days from Contract execution. Attachment C, SLA - Al (a). b. The Contractor will only fill key staff positions with persons that fulfill the minimum job qualifications in accordance with this Section 2, Contractor Staffing. c. DMS reserves the right to review candidates being considered by the Contractor for a key staff position described in this Contract. d. DMS reserves the right to require the replacement of any staff who serve in a key staff position or as part of the Customer Support Team, and the Contractor shall remove such staff no later than ninety (90) calendar days' from the date of DMS's notice to the Contractor. e. Waiver. The Contractor may request a waiver of SLA-A1(b) from the DMS Contract Manager if it believes it has good cause to not fill a key staff position within the required timeframe. DMS will review any such requests on a case- by-case basis and respond within a reasonable timeframe. Determination of all waiver requests are at the sole discretion of DMS. SLA-A1(b) will be on hold while the Department is reviewing a request for waiver. f. Vacancy. i. It is understood and agreed that from time to time a vacancy may occur in key staff positions. For purposes of this Contract, a vacancy occurs when: the position is not initially filled; the position is not filled due to a resignation, retirement, termination, or reassignment; or the position is ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 15 of 67 Mobile Communication Services 918 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work filled with a person who does not possess the minimum qualifications required to perform the job duties. A vacancy does not occur when: an employee is temporarily absent due to vacation, sick leave, or other temporary leave condition, such as training. In the case of a vacancy, the Contractor may arrange for the job duties to be provided by another employee who meets the minimum job qualifications until this position is filled. However, a temporary assignment will not suspend any Contractor Staffing SLAs. Key staff positions will be filled within one hundred and twenty (120) days of vacancy or within the timeframe established by the Department after a waiver of the one hundred and twenty (120)day requirement. Attachment C, SLA-Al(b). ii. The Contractor shall notify DMS of all vacancies of key staff positions within fourteen (14) days of the vacancy. Attachment C, SLA-A1(c). 6. Staffing Organization Chart. The Contractor shall develop a Staffing Organizational Chart to be implemented throughout the Contract term. Attachment C, SLA -A2. The chart will include all staff resources assigned to all components of the Contract to be approved by DMS. The final Staffing Organizational Chart must contain names, titles, and number of staff (full-time and part-time) proposed to support the Contract. The Contractor's final Staffing Organizational Chart shall include a justification for the number of staff and the percentage of time each staff person will devote to the Contract. 7. Staffing Deficiencies. The Contractor is required to provide sufficient, competent, and capable staff to provide complete and timely services as required by the Contract. In the event DMS determines the Contractor has a staff deficiency, it will notify the Contractor in writing. A staff deficiency will include, at the Department's discretion, insufficient number of staff, or insufficient level of competency in staff, to provide complete and timely services under this Contract. A staffing deficiency will also include the retention of staff thirty (30) days past a Department Contract Manager's requirement to remove that staff member. The Contractor must remedy the identified staffing deficiencies by adding or replacing staff as reasonably required by the Department. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of the following: a. How Respondent will ensure the dedication of its proposed key staff positions, including the proposed percent of time dedicated to DMS; b. How Respondent will be prepared at all times to recruit credentialed, appropriately licensed, and highly qualified staff and the recruitment process for staff that will be assigned to the Contract; c. Respondent's orientation and training for Respondent's staff assigned to the Contract; ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 16 of 67 Mobile Communication Services 919 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work d. How Respondent will ensure it employs all required positions and that there are sufficient staff to complete all requirements initially and throughout the duration of the Contract. Verizon's Florida Government Support Since 2004, Verizon has used a dedicated government sales and support model for all government sales in the state of Florida. The team is solely dedicated to state and local government and specifically trained in government contracting, ethics and compliance. This team provides local frontline sales and support to public safety, state, and local government as well as local EOC support during times of crisis. Today the team consists of over 40 employees living in Florida with a combined 240 years of experience supporting the State of Florida Department of Management Services Wireless Contracts with Verizon. Structure: Managing Partners (MP) are responsible for teams that are geographically dispersed between North, Central and South Florida. Each MP team consists of Government Major Account Managers (GMAM) and Senior Managers (SM) reporting directly to the MP while a team of Government Business Account Managers (GBAM) report directly to the Senior Manager with a dotted line to the MP. In addition, there are Government Business Account Specialists (GBAS) dedicated to each MP team for customer and team support. Additional support for the MP teams is provided by a team of Government Solutions Architects (GSA) that are geographically assigned to support the local teams, Global Enterprise Advisors dedicated to supporting billing and escalations issues within our larger accounts, Coordinator Business Operations (CBO) supporting the operations aspects of our current contract and a Client Partner (CP) which functions as the account and contract manager. Current Head Count • Managing Partners- 2 • Senior Managers -3 • Client Partner -1 • CBO -1 • GMAM-10 • GBAM-13 • GBAS-5 • GSA -4 • GEA -3 Verizon must retain discretion and control over assignment of account management, customer support or other such Verizon personnel. Our prospective employees are investigated and reviewed to determine whether they merit employment at the positions for which they applied. All such information remains confidential and shared with third parties only on a need to know basis. Our employees are covered by the Verizon Code of Conduct, which can be provided for your review upon request. At any time, you may provide feedback to us regarding the skills, qualifications and performance of any member of the account management team. We will make every effort to notify you of any changes in your account team. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 17 of 67 Mobile Communication Services 920 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work In the event of any change to any member of your account management team, we will work with DMS towards achieving a smooth transition. Additional account support procedures are available in the event of personnel change. In addition, you can use escalation procedures as well as the cross -trained skills and experience of many account support personnel. We may review any recommendations from you, as allowed by law, that will assist us in placing a Client Partner or Account Manager with the appropriate skills to support your account initiatives. Although our goal is continuity of the Verizon account team, we cannot guarantee that changes in personnel and staffing assignments will not occur during the term of your contract. The structuring of the Business and Government Customer Operations organization enables all members of the Business and Government Customer Operations organization to be cross -trained on all accounts with the goal of each customer receiving the same comprehensive professional customer service. 2.2 Key Staff Position - Account Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Account Manager as the primary contact for DMS during the Contract term, including renewals. This is a required key staff position The Contractor is required to provide a full-time Account Manager for all services under the Contract. The Account Manager will be the senior manager and primary contact with responsibility for all day-to-day MCS issues, including, but not limited to, coordination and resolution of all MCS activities. The Account Manager will be a senior staff member able to carry DMS concerns to the Contractor's management personnel. The Account Manager or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year. The Account Manager is required to participate in the various workgroups to accomplish services available under MCS. The Account Manager shall possess the following minimum qualifications or equivalent experience: 1. A minimum three (3) years' experience working with government clients in a government account management or sales role. 2. A knowledge of government business practices, including State practices and practices of Customers. 3. At least three (3) years' work experience in the telecommunications industry. 4. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 18 of 67 Mobile Communication Services 921 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work If the Contractor is providing Public Safety Services, the Account Manager must have experience in the Public Safety proposed services. 2.3 Key Staff Position - Project Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Project Manager. This is a required key staff position that must remain filled until the Contractor completes, and the Department accepts, the project closure documentation required by Statement of Work section 3.26.4. The Project Manager shall oversee and take on the responsibility for the success of all projects. This individual will be the point of contact to coordinate all implementation and migration with DMS. This individual will manage and direct the planning of the Contractor's staff and resources. The Project Manager is required to participate in the various workgroups to accomplish services available under MCS. The Project Manager shall possess the following minimum qualifications or equivalent experience: 1. The ability to be responsible for every aspect of all projects related to this Contract. 2. The ability to lead and direct teams to deliver projects within the constraints of schedule, budget, and resources. 3. Demonstrated knowledge and experience to appropriately apply a project management methodology to projects. 4. Experience using Microsoft Project and the ability to keep all projects updated frequently and accurately. 5. A current project management certification from the Project Management Institute, Scrum Master Certification from Scrum Alliance, CompTIA Project+ certification from CompTIA, a Lean Six Sigma certification, or other equivalent project management certification approved in writing by DMS, or at least two (2) years of equivalent work experience in lieu of a current project management certification. 2.4 Key Staff Position - Business Operations Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Business Operations Manager. This is a required key staff position. The Business Operations Manager shall oversee business operations, including billing, ordering, and related business operational procedures. The Business Operations Manager, acting as the DMS advocate, will be a Contractor senior staff member able to carry DMS concerns to the Contractor's management personnel. As the advocate, the individual must have the authority to direct the Contractor's staff to effect business operational procedures and related outcomes. ITN No.: DMS -19/20-006 Page 19 of 67 Attachment A: Statement of Work Mobile Communication Services 922 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work The Business Operations Manager is required to participate in the various workgroups to accomplish services available under MCS. The Business Operations Manager shall possess the following minimum qualifications or equivalent experience: 1. A minimum of three (3) years' experience working with government clients. 2. Knowledge of government business practices, including State practices and practices of Customers. 3. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. 2.5 Key Staff Position - Engineering and Design Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Engineering and Design Manager. This is a required key staff position. The Engineering and Design Manager shall function as the point of contact for all engineering and design issues. The individual will be responsible for directing all aspects of engineering and design concerns for the services. The individual must have the authority to direct the Contractor's staff. The individual or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year to manage and oversee restoration of services and to respond to State requests. The Engineering and Design Manager is required to participate in the various workgroups to accomplish services available under MCS. The Engineering and Design Manager shall possess the following minimum qualifications or equivalent experience: 1. A minimum of three (3) years' experience leading an engineering team responsible for services similar in size and scope to services available under MCS. 2. A Bachelor of Science degree or higher in an engineering discipline. Equivalent foreign degrees are also acceptable. Equivalent work experience of five (5) years is acceptable in lieu of a degree. 3. Five (5) years or more of engineering work experience. 2.6 Key Staff Position - Operations and Security Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Operations and Security Manager. This is a required key staff position. The Operations and Security Manager shall serve as the engineer capable of communicating with other engineers as needed to resolve day-to-day issues. The individual will communicate with DMS and engineers from other Contractors providing telecommunications to the State and, if applicable, subcontractors. The individual will function as the point of contact for the day-to-day ITN No.: DMS -19/20-006 Page 20 of 67 Attachment A: Statement of Work Mobile Communication Services 923 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work networking, service, and security issues, typically those involving real-time concerns. The individual must have the authority to direct the Contractor's staff. The Operations and Security Manager, or a designated backup(s), must be available twenty-four (24) hours a day, 365 days of the year as required to manage operational and security concerns and respond to State requests. The Operations and Security Manager is required to participate in the various workgroups to accomplish services available under MCS. The Operations and Security Manager shall possess the following minimum qualifications or equivalent experience: 1. A Bachelor of Science degree or higher in a computer science, information technology, engineering, or similar discipline. Equivalent foreign degrees are also acceptable. Equivalent work experience of five (5) years is acceptable in lieu of a degree. 2. Experience with business continuity and disaster recovery, including experience in development of disaster recovery plans. 3. Experience with information security architecture and security tools. 4. Knowledge of telecommunications industry best practices for service performance and security and applicable laws and regulations as they relate to security. 5. Knowledge of current technologies and processes used to establish and maintain networks with respect to security of MCS. The Operations and Security Manager should possess the following minimum qualifications: 1. It is preferred, but not required, that the Operations and Security Manager be a Certified Information Security Manager, a Certified Information Systems Security Professional, or hold another current industry -recognized security certification. 2.7 Customer Support Team The Contractor shall provide a Customer Support Team for this Contract. This team is not required to be full-time staff (part-time staff is acceptable) or exclusively dedicated to this Contract. However, the appropriate amount of staff at any given time (for example evening, weekend and holiday staffing may be less than weekday business hours) from the Customer Support team must be available twenty-four (24) hours a day, 365 days of the year. The Customer Support Team shall provide: 1. Timely Customer training in reaction to changes in services and features offered. 2. Timely resolution of service requests. 3. Full staffing for projects to implement new technologies, related services, and equipment features that are supported by the industry. 4. Timely closure for operational changes. 5. All applicable deliverables by the due dates as provided in the SLAs. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 21 of 67 Mobile Communication Services 924 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work The Customer Support Team shall include at least one (1) named individual to act as the CSAB Administrator, with responsibilities described in Subsection 5.7, User Access Privileges for the Contractor. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3. Services and Devices for Mobile Communication Services 3.1 Wireless Voice Services This subsection is applicable only to WVS. The Contractor must provide WVS using digital technology as the primary communication mode. WVS will include cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices and to traditional phones on the PSTN. WVS will also include broadband access for email, internet browsing, texting, and numerous applications, such as those providing real-time traffic information. International calling must be disabled by default, but Customers will be permitted to place an order to enable international calling. The Contractor shall provide Customers with the option of having texting disabled. The Contractor will coordinate directly with the Customer regarding texting capabilities. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.2 Wireless Data Service This subsection is applicable to only Wireless Data Service. The Contractor must provide WDS. The Contractor will provide non-proprietary wireless broadband data communications. For State agencies, security policy requires the Contractor's broadband data access to terminate on MFN by default. There may be instances where the Department's policy will permit broadband data access to terminate directly on the internet. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 22 of 67 Attachment A: Statement of Work Mobile Communication Services 925 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 3.3 Wireless Data Service - IP Addresses This subsection is applicable to only Wireless Data Services. The following are minimum requirements: 1. DMS will provide the Contractor work orders containing IP addresses, or a range of IP addresses, to be associated with wireless devices.. The Contractor must configure MCS devices with IP address as part of the activation and setup for the device. For closed user groups the Contractor must configure 1) public IP addresses owned by the State and Other Eligible Users or 2) private IP addresses furnished by the State and Other Eligible Users. Since not all private IP address space is available for use on MFN, a mutually agreed upon private IP address allocation block assignment (or other agreed upon method) will be finalized within the negotiation process. 2. The Contractor is required to provide publicly routable IP addresses as needed to support all Customers in public user groups. 3. The Contractor will associate a particular wireless device with its closed user group (if any). The Contractor will assign an IP address to each wireless device and update the work order in CSAB with the specific IP address assigned before the Contractor closes the work order. A record of each closed user group and the associated wireless devices (including the electronic identifier and IP addresses) is maintained in CSAB. 4. The IP address assigned to a particular wireless device must be permanently assigned unless and until a work order provides that the Contractor change the address. Static IP addressing is acceptable as long as the address is coded (hard or electronically) within the device permanently. A unique IP address dynamically assigned to the device is acceptable as long as the address remains permanently assigned to that particular device. The dynamic IP address assignment mechanism must permanently assign the same address to the same device from an IP address pool assigned to a particular closed user group. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.4 Wireless Data Service — Access Circuit This subsection is applicable only to Wireless Data Services. Where Customers have non-MFN networks (for example, non -State Agency Other Eligible Users), Contractors may utilize the Contract to provide their End-users with wireless connectivity into that Customer's network. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 23 of 67 Mobile Communication Services 926 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work This design requires an access circuit between the Contractor's IP networks and an Other Eligible User's (OEU's) network. These access circuits are not offered by DMS as a SUNCOM service. DMS is not involved in ordering, billing, provisioning, payment, network support, or other aspects of these circuits. OEUs utilize their organization's procurement procedures to purchase their access circuit. All aspects of this wireless connectivity access are the responsibility of the OEU's organization and the Contractor, not DMS. In accordance with SOW Section 3.15, Contractor will configure Contractor's end of the tunnels, and the Customer will be responsible for the Customer's end of the VPN. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Access Circuit ITN No.: DMS -19/20-006 Page 24 of 67 Attachment A: Statement of Work Mobile Communication Services 927 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.5 Wireless Data Service - Closed User Groups This subsection is applicable to only Wireless Data Services. The Contractor must develop, implement, and maintain a closed user group isolation method for WDS. The design must result in the segregation of all IP traffic into individual closed user groups. DMS may consider a virtual circuit, Virtual Local Area Network, or Virtual Routing and Forwarding (VRF) to be an acceptable closed user group design configuration method. Other Contractor - provided isolation methods are acceptable as long as the isolation method provides equivalent isolation design outcomes, as determined by DMS. The Contractor -created and maintained isolation method is required to be in continuous operation providing separation of wireless data traffic into distinct closed user groups. At all points between the wireless data device and MFN, Customer traffic must be isolated from all other traffic within the Contractor's IP networks. There must be no alternate paths into or out of the isolated environment and no means for other entities or devices to access the isolated environment. The Contractor will place each device in the closed user group as defined by the CSAB work order. Customers will have the ability to have multiple closed user groups configured within the Contractor's IP networks. No IP communications will be permitted between closed user groups within the Contractor's IP networks. ITN No.: DMS -19/20-006 Page 25 of 67 Attachment A: Statement of Work Mobile Communication Services 928 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work End-user Closed User group group 2 Figure 3 11 - U�11 -] _End-user group 2 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.6 Wireless Data Service — Network -to -Network Interface Design This subsection is applicable only to Wireless Data Services. The Contractor must work with DMS and the MFN contractor to establish a network -to -network interface as shown in Figure 4 to route wireless data traffic across the internet to MFN. For redundancy, the interface design must use IPsec tunnels which connect to two (2) geographically separate gateways approved by DMS. ITN No.: DMS -19/20-006 Page 26 of 67 Attachment A: Statement of Work Mobile Communication Services 929 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work In each network -to -network interface location the Contractor must provide equipment and a corresponding design that will function as an IPsec Virtual Private Network (VPN) concentrator. Each interface will be configured with internet connectivity for the concentrators. The interface design must utilize a primary and secondary interconnection scheme preventing any downtime or performance impact to the connectivity with MFN or downtime for the service. Each interface will function equivalently, including the available internet bandwidth capacity, operational software images, and overall configuration. The interface locations must always automatically failover. End-user roup 2 "% ` ., IPsec VPN Interconnection into MyFloridaNet The interface design must support VPN connectivity through the use of IPsec tunnels between the Contractor's IP networks and MFN. The Contractor configures IPsec tunnels to create closed user groups for traffic between the Contractor's IP networks and MFN. The Contractor routes closed user group traffic originating in the Contractor's IP networks to MFN via the internet, in coordination with DMS and the MFN contractor. Using a design selected by the Contractor and approved by DMS, wireless data devices must be provisioned to continuously operate within closed user groups. The interconnectivity design, agreed on by the Contractor and DMS, must provide redundancy with automatic failover between MFN's two (2) VPN interconnection locations. The Contractor's ITN No.: DMS -19/20-006 Page 27 of 67 Attachment A: Statement of Work Mobile Communication Services 930 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work interconnectivity design must be configured for the Contractor to monitor network connectivity between the Contractor's IP networks and MFN. In the event of a connectivity issue between the Contractor's network and MFN, the interconnection design must automatically failover and start routing traffic within the failover metric. Attachment C, SLA -B1. Successful failover means the interconnection with MFN operates without any loss of performance compared to the interconnection performance prior to failover, or an alternate solution, as proposed by the Contractor and accepted by DMS through the Change Request process. After the failure has cleared the Contractor's interconnectivity design will, over time, automatically reestablish the tunnels to the MFN primary concentrator. The Contractor is not responsible for connectivity loss if the MFN VPN concentrators fail simultaneously. DMS will provide the Contractor with the configuration parameters for each closed user group's IPsec tunnel. The Contractor must adhere to the configuration parameters while provisioning the concentrators. The Contractor must configure a unique IPsec tunnel for each closed user group's IP traffic as specified by DMS. The closed user group naming convention (or network identifier) will be mutually agreed upon by DMS and the Contractor. Each closed user group's network identifier must correlate to a unique IPsec tunnel. DMS will provide the Contractor with the MFN tunnel termination IP addresses, IPsec pre -shared authentication keys, and tunnel configuration parameters for each tunnel. All information regarding IP addresses, IPsec authentication keys, and tunnel configuration parameters must be treated as secure State data. At no time will the Contractor transmit this information in clear text. The Contractor must configure each unique IPsec tunnel to terminate on the primary MFN IPsec concentrator and also configure the tunnel to failover to the secondary MFN IPsec concentrator. Within Figure 4 above, this is shown as "MCS VPN Concentrator" directly adjacent to the MFN section. This is currently rented from and managed by the MFN contractor. DMS will provide the Contractor with two (2) unique publicly routable IP addresses for each closed user group's IPsec tunnel (primary and secondary). The Contractor will use one (1) of the two (2) addresses to terminate the tunnel at the MFN primary concentrator location, and the other address will be used to terminate the failover tunnel at the MFN secondary concentrator location. The Contractor must provide and use at least two (2) publicly routable IP addresses for its IPsec interconnection design; one (1) IP address for the primary tunnel termination and one (1) to terminate the secondary tunnel. The Contractor will ensure that each wireless data device that traverses the IPsec interconnection will have a unique IP address permanently configured within the wireless modem or device (smartphone, handheld computer, laptop, etc.). Using the IP address provided by the Contractor, the Contractor must statically or dynamically assign each device within a unique closed user group a permanent IP address. The Contractor must configure each unique closed user group within its IP networks using the applicable IP addresses. At the MFN ingress point, each closed user group must be logically mapped into the appropriate MFN VRF. Adds, moves, or changes within a closed user group's configuration require a work order. ITN No.: DMS -19/20-006 Page 28 of 67 Attachment A: Statement of Work Mobile Communication Services 931 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work The Contractor must upgrade the network -to -network interface when the encrypted throughput, processor utilization, or port speed reach seventy-five percent (75%) of capacity specific to the Contractor's owned network to network connections and devices. Internet bandwidth must be upgraded by the Contractor if bandwidth utilization reaches seventy-five percent (75%) of capacity. All network -to -network interface upgrades must improve capacity by at least twenty percent (20%). Attachment C, SLA -B2. All upgrades are at no cost to the Department or Customers. The Contractor will give DMS, and the MFN network monitoring tools, read-only SNMP access (or an alternate solution, as proposed by the Contractor and accepted by DMS through the Change Request process) to monitor performance of the network, including network -to -network interface components. The Contractor must establish monitoring of SNMP performance metrics, which are measured over each five-minute sample. The primary and secondary VPN concentrators must support the following IPsec parameters: IPsec Parameters IKA (SA) Main Mode Encryption Strength 3DES Authentication Pre -Shared Key Diffie-Hellmans (D -H) Groups 2 or 5 (group -5 preferred) Perfect Forward Secrecy Pfs Data Integrity Hash Algorithm SHA IPsec (SA) Quick Mode Security Association (SA) Lifetime 86,400 seconds (maximum) Authentication Type HMAC-SHA Security Association (SA) Lifetime 28,800 seconds (maximum) Simultaneous Active Tunnels 1,000 (minimum) ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 29 of 67 Mobile Communication Services 932 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the Respondent's commitment to the appropriate industry standards. 3. Describe the design. 4. Describe the portion of the design used to trigger the automatic failover. 5. Describe the failover and failback processes. 6. Describe how you will maintain the security of your MFN interconnection. 7. Respondents may also propose an alternative design. Advantages of Verizon Wireless Private Network Verizon has been providing a Network to Network Interface into the MFN Network utilizing our Private Network Platform, as highlighted below, since 2012. The solution provides redundant connectivity into the VZ Network with a primary connection in Charlotte, NC and redundant/failover connection in Nashville, TN. As of 2018 these connections terminate into the new MFN2 network in Tallahassee, FL as the primary with Miami, FL being the redundant/failover connection. During migration to the MFN2 network, failover was tested and proved successful as did the successful migration of several live Closed User Groups. Verizon Wireless Private Network enables DMS to use the state existing MFN network routing schemes and network protocols to manage the state wireless devices via a secure link between the wireless environment and agency local area network (LAN). Verizon Wireless Private Network (Private Network) is a comprehensive solution that joins wireless devices to the organization's internal IP network using a dedicated connection that isolates data from the public Internet. It extends a corporate IP network to wireless devices, while enabling your IT department to maintain the control and manageability that it needs. With Private Network, organizations can take charge of their evolving networks by: • Avoiding the exposure of wireless devices and internal networks to the inherent risks of solicited public Internet traffic. • Controlling which wireless devices can connect to the network. • Controlling which network resources the wireless devices and machines can access. • Leveraging the convenience of mobility and wireless technologies to introduce new opportunities. With Private Network, organizations can add devices to their own internal networks, with their own IP addressing, to be managed by their own support personnel. This empowers them to make wireless solutions part of their infrastructure and extend their core -computing networks farther, faster and easier. Private Network is also compatible with Verizon Mobile Device Manager. And organizations can be confident knowing that their Private Network is backed by the coverage, speed and reliability of Verizon. We can help organizations make the most of wireless communications to securely and cost effectively power their networks. Enhanced Features of Private Network Tiered Hierarchy Tiered Hierarchy design provides separate accounting/billing of data traffic for customers with multiple agencies, business units, departments or organizations whose data traffic traverses over a single Private Network. Billing can be separated for each agency, business ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 30 of 67 Mobile Communication Services 933 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work unit, and department or organization profile. It allows the financial cost to be attributed to the correct company or department. Dynamic Mobile Network Routing Dynamic Mobile Network Routing (DMNR) allows accessing IPv4 addresses of devices that are connected to wireless router for easier support and management. DMNR is a network - based mobile technology providing dynamic routing and support for mobile or stationary routers in primary wireless access or automatic wireless backup configurations using Mobile IPv4-based Network Mobility (NEMO) protocol, without the need for Generic Routing Encapsulation (GRE) tunnels or network address and port translation. This delivers the any - site -to -any -site connectivity wireline customers expect when solutions extend the corporate network (e.g., intranet). Service Based Access Service Based Access (SBA) is an optional configuration for Private Network that allows subscribers to have the same experience with assisted GPS (aGPS); Multi -Media Services (MMS); and Visual Voicemail as they have on the consumer network but with the added security of Private Network. Traffic Management Traffic Management is a Private Network feature, available only for Verizon's 4G LTE devices, that provides customers with a premium and differentiated network experience. Private Network Traffic Management uses Quality of Service (QoS) technology to enable application differentiation over the LTE Private Network using standards-based IP packet marking. Private Network Traffic Management has a Monthly Access Fee per user according to the level of service selected. Private Network Traffic Management subscribers have access to two Classes of Services (CoS), Enhanced and Premium, to prioritize applications. Enhanced: Allows mapping of business applications up to a maximum of 2.0 Mbps Business Critical CoS, with the remaining best effort applications mapped into the Best Effort CoS utilizing the remaining available LTE bandwidth. Premium: Allows mapping of business critical applications up to a maximum of 12 Mbps Business Critical CoS, with the remaining best effort applications mapped into the Best Effort CoS utilizing the remaining available LTE bandwidth. Private Network Traffic Management subscribers have the flexibility of mapping their business critical applications to the respective CoS. Private Network Traffic Management (PNTM) capability is not available when roaming off the Verizon wireless network since the roaming partner's network cannot establish the dedicated bearer, i.e., channel created between the device and gateway for transporting IP packets, used for PNTM. International Roaming International Roaming enables Private Network customers to have connectivity for their devices (such as Smartphones, Tablets, Machine-to-Machine/Internet of Things) when leaving the Verizon wireless network footprint (a.k.a. "outbound roaming") on approved international roaming providers' networks, whose wireless technologies include GSM, UMTS, HSPA, or 4G LTE. Account Records Streaming Private Network supports the option to have a direct feed of accounting records (Start and Stop fields/attributes) sent from the Verizon Data Streaming Server (DSS) to a designated ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 31 of 67 Mobile Communication Services 934 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work customer accounting server at no additional cost. The customer will receive the raw data (without modification or customization) can be parsed per the customer's reporting needs. The customer's receiving server must be capable of receiving and acknowledging raw accounting information. Split Data Routing Verizon Wireless Private Network customers looking for a more efficient way to route data traffic can do so with our split data routing solution. When you split the data flow, you can send secure private data one way and public traffic another. This separation reduces a customer's cost of managing in-house network capacity and firewall policies. Dual Access Point Name (APN) capability allows split data routing where the device uses multiple data connections—one to the Internet and another to Private Network. How it Works The functionality is device -driven, where the APN Class 3 (VZWINTERNET) data traffic is associated with an Internet designation and the APN Class 6 (the APN associated with the customer's Private Network) data traffic is for the Private Network. • Device establishes data connectivity for APN Class 3 and 6. • Device routes data to the designated APN Class 3 or 6 Packet Data Network. • Customers must ensure that device security is implemented to protect private data from Internet data and to preclude: • mixing data packets associated with the Internet and Private Network • Internet data from traversing Private Network and private data traffic from the Internet • any Internet threats (e.g. virus, malware) from corrupting private data • Verizon will route Internet data to our Public gateway and private data to the Private Network gateway with the connection to the customer's network. The wireless device selected must have the ability to: • Support multiple APNs including APN Class 3 and Class 6. • Route Internet designated data traffic using the APN Class 3 and data traffic categorized for the customer's Private Network using APN Class 6. • Separate Internet and private data traffic to ensure Internet data uses APN Class 3 only and private data uses APN Class 6 only. Split Data Routing with Multi -Party Billing Split Data Routing with Multi -Party Billing extends Verizon's billing and rating architecture to take a single MDN (Mobile Destination Number) and assign multiple financially responsible parties based on various service -based data streams from the same device. • Only available on government -liable devices with Verizon's Private Network. • Verizon bills enterprise for Mobile Private Network traffic and bills other enterprises/consumer for Internet traffic. Verizon's Commitment to Industry Standards Verizon complies with industry, statutory and regulatory requirements regarding safeguards and controls of protected information: Federal Communications Commission (FCC), Department of Justice (DoJ), Sensitive Personal Information (SPI), Customer Proprietary Network Information (CPNI), Payment Card Industry (PCI) & Intellectual Property. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 32 of 67 Mobile Communication Services 935 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Established cellular industry and performance standards serve as the foundation for our engineering, design, operation and quality assurance programs. Verizon has created enterprise -wide policies that conform to the International Organization for Standardization (ISO) 27002.2005 and National Institute of Standards and Technology (NIST) standards for the protection of customer and employee information. These policies cover security issues, such as account management, password standards, server configuration and a wide range of security topics. Verizon Wireless executives are active participants in national wireless industry associations and organizations focusing on the latest technology and public policy developments. They are invited regularly by these groups to take on leadership positions to lend their knowledge and expertise. DMS Private Network Design Today, Verizon Wireless uses VRF isolation to isolate closed user Groups and handoff traffic to the IPSec tunnels provisioned across the Internet. The Verizon Wireless Private Network offering is built around isolating the SUNCOM Client IP traffic from all other Private Network and Consumer traffic. At all points between the mobile device and the MFN network the SUNCOM Client IP traffic is encapsulated in a tunnel, isolated in a dedicated VLAN, VRF, PVC, etc. There are no "backdoor" or alternate paths into or out of this isolated environment which would allow access from any other entities or devices. It is a standard option to permit or deny traffic within and between different SUNCOM Closed user Groups. This can be done as granularly as needed such that Group A could be permitted to communicate with other Group A devices as well as Group B devices, whereas Group C could be blocked from talking to other Group C devices as well as Group A and Group B devices. Verizon has created and maintained closed user groups. The closed user group is designed and configured so to isolate one closed user group's IP traffic from all other. Each closed user group correlates to one unique NNI IPSec tunnel in such a manner, the tunnel traffic can be mapped into the appropriate MyFloridaNet MPLS VRF associated with the closed user group by the MFN Service Provider. Redundancy Network redundancy provides a backup path when the primary connection experiences a failure and can no longer support data traffic. Each Private Network is built with a primary and secondary gateway where the secondary gateway acts as a hot standby to provide support when the primary gateway has experienced a failure and can no longer operate. Once the primary gateway becomes operational, traffic will be redirected to the primary gateway, and the secondary gateway will go back into hot standby mode. Connectivity redundancy provides a backup path when the primary connection between Verizon and the enterprise network experiences a failure that prevents traffic from moving over the connection. Verizon requires the connectivity redundancy. Verizon Wireless Private Network Security Data travels from wireless devices connected to the Radio Access Network, through the Private Network to a dedicated connection to the organization's network. Each organization has its own Private Network whose traffic is kept isolated from the public Internet, avoiding unnecessary risk associated with unsolicited public Internet traffic. Only authorized subscribers may send and receive data. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 33 of 67 Mobile Communication Services 936 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work With Private Network: 1) Devices are authenticated and authorized for each Private Network (only authorized data can traverse the designated network). 2) Data are routed per the customer -specific IP pools. 3) Dedicated Private Network Gateways are designated. 4) A direct connection is created between Private Network Gateways and the customer premises router. [See following diagram.] hdM WDOI4 A 4G LIFE Connectivity Options VP4�1-1 lIfint. N.Ou od,(VPN� With Private Network, you have the flexibility to connect in a way that makes the most sense for your network's configuration. • Virtual private network (VPN). You can use VPNs to create a secure tunnel between your internal network and the Verizon gateway. Because your IT staff is probably familiar with setting up and managing VPN environments, this can be a simple and effective solution. With this option, all traffic from the Private Network gateway router is encrypted and sent over the tunnel, through the public Internet, to your organization location. It is nossihle to encrvnt the entire hath by laverina additional technoloaies. IPsec Parameters Verizon Private Network VPN Complies Y/N IKA (SA) Main Mode Y Encryption Strength 3DES Y Authentication Pre -Shared Key Y Diffie-Hellmans (D -H) Groups 2 or 5 (group -5 preferred) Y Perfect Forward Secrecy Pfs Y ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 34 of 67 Mobile Communication Services 937 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Data Integrity Hash Algorithm SHA Y IPsec (SA) Quick Mode Y Security Association (SA) 86,400 seconds Y Lifetime (maximum) Authentication Type HMAC-SHA Y Security Association (SA) 28,800 seconds Y Lifetime (maximum) Simultaneous Active Tunnels 1,000 (minimum) Y • Dedicated physical circuit [Point to Point]. A dedicated physical circuit can be installed at your location for the sole purpose of connecting to Verizon to complete the Private Network build -out. Because the circuit is dedicated, the entire bandwidth is available for use. No data traverses the public Internet, so the use of additional encryption technology is optional. • Verizon Private IP. If your organization is already a Verizon Private IP customer, you can use that Private IP network to connect to the Verizon wireless network. This approach enables you to implement Private Network without affecting your existing network topology. If your organization is not a Private IP customer, Private Network and Verizon Private IP can be implemented together. Either way, you can combine the benefits of wireless with the benefits of a Multiprotocol Layer Switching (MPLS) network. When implemented with Verizon Private IP, all wireless data traffic can be routed directly to any location connected to Private IP. This simplifies network routing scenarios and provides redundancy for business continuity. Since both Private IP and Private Network are within the Verizon product portfolio, you have a single contact for product support. Customers also have access to additional hosted services from Verizon that could help drive increased return on investment and position your organization for the future. • Zero Tunnel Connectivity: Zero Tunnel connectivity is designed for customers that require only mobile -to -mobile communication that does not require connectivity from the Private Network gateway to the customer premises (i.e., Private IP, dedicated circuit, VPN). Zero Tunnel configuration has no communication outside of the mobile IP pools and can be designed as a hub and spoke configuration where the central wireless device at the customer data center provides access to the customer -hosted applications to field/mobile devices. • Cloud Access: Private Network can be constructed with connectivity to cloud service providers using Verizon's Secure Cloud Interconnect. IP Addressing Private Network supports Dynamic and Static IP addressing while offering a variety of IP addressing options that provide several levels of accessibility, protection and manageability. These options include enterprise -owned, private IP address assignment to the devices, essentially making the device a virtual extension of the wired enterprise network. This enables enterprise IT administrators to manage mobile stations and LAN devices using the same tools and techniques. For example, organizations can use the same firewall and routing schemes, and the IT administrators define which users get Internet access. This makes it easier for ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 35 of 67 Mobile Communication Services 938 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work enterprise IT administrators to manage and monitor network usage and enforce company IT policies. As more and more devices are being activated using IP, the availability of IPv4 addresses is greatly diminishing. Since the world is running out of IPv4 addresses, IPv6 has become the new standard for IP addressing. Enterprise and Government customers are transitioning to IPv6 to continue to grow and enable new, innovative services to be developed because more devices can be connected. Private Network's initial release of IPv6 support offers Dynamic IP assignment. It offers capabilities to apply IPv6 addressing to the wireless device's packet data connection and to the connection used between the Verizon Wireless Data Network Private Network Gateway and customers premises. 3.7 Wireless Data Service —Traffic Mapping into MyFloridaNet This subsection is applicable to only Wireless Data Services. The Contractor shall coordinate and communicate with the MFN contractor and other MCS Contractors. For traffic to MFN, the Contractor must route wireless data traffic across the Contractor's IP networks utilizing IPsec tunnels (one (1) unique IPsec tunnel per closed user group). DMS retains control related to security policies on access into MFN and its intranet as well as IPsec tunnel configuration parameters. All Customer wireless traffic must be in a closed user group within a unique IPsec tunnel in a manner such that it can be mapped into the appropriate MFN VRF by the MFN contractor. If permitted by the applicable Department security policies, once wireless data traffic is within MFN it accesses the internet via the MFN firewall. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 36 of 67 Mobile Communication Services 939 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work End-user group 2 4 Traffic into MyFloridaNet's VRFs and Through MyFloridaNet's Firewall End -uses group 1 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.8 Wireless Data Service — Traffic Directly to the Internet This subsection is applicable to only Wireless Data Services. Customers can have their traffic sent directly to the internet. Routing wireless traffic direct to the internet provides simplicity for connectivity to web -servers and web -based applications. Sending traffic to the internet also permits Customers to use encrypted VPN traffic to access their IP networks via a Public VRF connection. For this connectivity, the Contractor is not responsible for the reliability of traffic within the internet. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 37 of 67 Mobile Communication Services 940 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Remote Ac Perm Ated h MyFlondaN Routing Wireless Traffic Directly to the Internet Figure 6 Web -servers Web -based applications The Contractor is not required to create closed user groups for Customers that have their traffic routed directly to the internet. Under this option, the Contractor is not required to permanently assign the same IP address to a particular wireless device. When MCS traffic is routed directly to the internet, if the MCS Customer is not an MFN Customer, they do not have to comply with DMS security policy restrictions for traffic to MFN. The Contractor must comply with DMS security policies and those policies of the OEUs. Specifics of the DMS security policy requirements will be detailed in the post -Contract engineering meetings and may vary during the life of the Contract. A synopsis of the MFN security policy. MFN Customers must access the internet via the MFN firewall and avoid using an alternate internet access that might create a backdoor into MFN. Under certain restrictions, MFN security policy permits MFN Customers to use remote -access VPN connectivity to gain access to their MFN intranet network. The Contractor is not responsible for the specifics of how Customers configure their VPN connectivity. ITN No.: DMS -19/20-006 Page 38 of 67 Attachment A: Statement of Work Mobile Communication Services 941 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. 3.9 Wireless Data Service - Test Plan This subsection is applicable to only Wireless Data Services. The Contractor is responsible for on-going testing of the WDS's transport system (the interconnection between MCS and MFN) to ensure proper performance.. The Contractor must demonstrate successful interconnection failover for each tunnel between the primary and secondary VPN concentrators as part of the Services Infrastructure Checklist signoff and as required by DMS. All test plans and actual testing must be coordinated with and approved by DMS and the Customer. The test plan need only cover WDS elements. Once approved by DMS, the plan must be included in the WDS Operations Guides. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.10 State of Florida Coverage The Contractor shall: 1. Provide the same or better level of coverage as that described in the Contractor's Reply; 2. Maintain up-to-date State coverage maps on its website, accessible to all Customers. 3. Provide service strength with as much4G/4G LTE or better (5G) service coverage as possible. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. 2. Describe the Respondent's State geographic coverage. 3. Demonstrate in detail any future plans for enhancement and expansion of the Contractor's State coverage. 4. Provide a service area State coverage map. The map shall be geographically accurate and drawn to a scale of 1:1,000,000 (1 inch=15.78 miles) or less. The coverage map shall include, at a minimum, county boundaries, cities, and major highways. Note the decibel (db) level used in maps for the Respondent's acceptable service level. Verizon Wireless Network Coverage ITN No.: DMS -19/20-006 Page 39 of 67 Attachment A: Statement of Work Mobile Communication Services 942 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Verizon Wireless operates the nation's most reliable wireless network, with more than 120.3 million wireless retail connections (September 30, 2020). Our 4G LTE network is available to more than 99 percent of the U.S. population and covers 326.1 million people over more than 2.6 million square miles. LTE Advanced - Verizon customers in more than 2,000 markets can access the benefits of carrier aggregation and those in 1,100 markets can access 4x4 MIMO (Multiple Input, Multiple Output) and 256 QAM (Quadrature Amplitude Modulation) in addition to carrier aggregation Up-to-date coverage maps are made publically available online. Future plans for enhancement and expansion of Verizon's coverage areas are considered confidential and proprietary. Our online Coverage Locator tool depicts our wireless coverage area on a national map and enables you to zoom into any local area by entering that area's ZIP Code or the city and state information. The maps rendered show approximations, based on our internal data, of where coverage for various services is available. • Our online domestic Coverage Locator tool can be accessed at: https:Hverizon.com/coverage-map/ • Our online international Coverage Locator tool can be accessed at: https:Hverizon.cellmaps.com/ We have also provided coverage maps below for DMS' convenience, review, and consideration listed as "Attachment A" in the response. 3.11 Roaming This subsection is applicable to both WVS and WDS. The Contractor must not charge for roaming within the Contractor's nationwide footprint. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.12 Security This subsection is applicable to both WVS and WDS. The Contractor must ensure that all traffic is secured between the Customer's device and the Contractor's antenna/tower (i.e., the air link in Figure 1). Encryption across the air link is not required as long as the traffic transport method provides security equivalent to IPsec 56 -bit strength. No wireless traffic transport is permitted that does not meet this minimum traffic transport security requirement. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 40 of 67 Mobile Communication Services 943 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work rima rt Phone Voice Capable REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Security (Figure 1 Cellular Wireless Modern" Fou ter Tablet Computer Typical Cell Tower Laptop In addition to the minimum security requirements elsewhere in this SOW, the Contractor must continually enhance its ongoing security features. The Contractor's security features must block unauthorized access into MFN and OEU networks and thwart potential attacks. The Contractor must maintain physical, electronic, and procedural safeguards to protect the security of its internal systems as well as MFN and OEU networks. The Contractor must secure traffic by employing strong user authentication, making certain only authorized devices connect to the Contractor's wireless network, the MFN network, and OEU networks. The authentication process must associate the End-user to a particular device. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 41 of 67 Mobile Communication Services 944 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work The Contractor must implement internal and external security procedures to guard its networks and applications against unauthorized access. The Contractor will provide DMS a copy of the Contractor's associated security procedures, or a generalized description deemed acceptable by the DMS Contract Manager, upon request. The Contractor must perform fraud detection, monitoring, and prevention services consistent with industry common best practices on a 24x7x365 basis to reduce Customer vulnerability to fraudulent activities. Fraudulent calls will be the sole responsibility of the Contractor. DMS and its Customers will bear no responsibility for such calls, including, but not limited to, number theft by cloning, multiple calls at the same time, international calls on an unauthorized telephone, and calls to areas of known fraud. The Contractor shall proactively monitor calling volume and patterns. The Contractor shall immediately report unusual calling volumes and patterns to the Department and Customer, such as usage or cost doubling from the previous month. If fraud is detected outside of normal business hours, the Contractor will notify the Department's Product Manager and Customer via email. Should the Department or Customer declare such activity as fraudulent, the Contractor shall immediately deactivate the service. Given the statements in this subsection: 1. Describe in detail how the Respondent's proposal will fulfill the minimum requirements of this subsection. Performance, Reliability, and Security DMS expects performance, reliability and security from your wireless network. The increasing numbers of factors that are beyond your control heighten that expectation. The security team at Verizon Wireless works tirelessly behind the scenes to keep the network running while monitoring, identifying and eliminating security threats and malicious attacks before they reach a single mobile device under your supervision. Our reputation for reliability and peak performance depends on the security of our network. Our sophisticated security infrastructure utilizes firewalls, routers, monitoring systems, software, device standards and security expertise to keep mobile communications and data out of the hands of hackers and data thieves so you can keep your workforce productive, connected and mobile. Data security is an integral part of our corporate strategy. Addressing security needs is paramount to delivering solutions that meet the demands of a mobile workforce. Verizon Wireless deploys a multipronged strategy for network security that combines the expertise and resources of our internal engineering teams, external software development partners and vendors of the various commercial applications and products we offer. Our security strategy includes: • Wireless Standards and Services: Verizon operates CDMA, 4G LTE and 5G standards-based wireless access technologies, which offer robust security -based encoding, authentication and encryption. Wireless services are enabled and designed to enhance the mobile experience while maintaining security. ITN No.: DMS -19/20-006 Page 42 of 67 Attachment A: Statement of Work Mobile Communication Services 945 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work • Policy and Governance: Verizon has created enterprise -wide policies that conform to the ISO 27002.2005 and NIST standards for the protection of customer and employee information. • Vulnerability Management: Verizon has implemented a four -stage (Discovery, Assessment, Remediation and Validation) vulnerability management model to guard against vulnerabilities. • Risk Management: Verizon conducts penetration testing by both Verizon employees and contracted third -party entities; the results of the security risk assessment are used to decide whether or not to move forward with a commercial launch of the product. • Security Monitoring & Response: Verizon has a dedicated team of certified security professionals (CISSP, GIAC) as part of the Network Cybersecurity Center (NCC) to ensure incidents are identified, the method by which the breach occurred, and to make all necessary changes to prevent a reoccurrence of that event. The NCC team is on- call on a 24/7 basis. • Physical Security: Verizon has implemented partitioned access control systems by which access is granted based on individual needs. The wireless Network centers and cell sites are designed and equipped with intrusion detection and alarm systems and alarm conditions of all types including those from the access control systems (ACS) and the intrusion detection systems (IDS) are monitored and logged in at least three locations. Verizon complies with industry, statutory and regulatory requirements regarding safeguards and controls of protected information: Federal Communications Commission (FCC), Department of Justice (DoJ), Sensitive Personal Information (SPI), Customer Proprietary Network Information (CPNI), Payment Card Industry (PCI) & Intellectual Property. See also attached information security document for detailed information regarding how Verizon's information security policies and practices will support the maintenance of security of DMS' MFN interconnection. 3.13 Reviews of the Contractor's Service This subsection is applicable to both WVS and WDS. DMS Test Accounts. Upon request from DMS, the Contractor shall provide up to ten (10) WVS accounts and associated devices (with voice and broadband feature functionality) and up to ten (10) WDS accounts and associated devices to allow DMS to test the Contractor's service. All test devices must be premium (highest functionality) devices. All test accounts and devices must be configured to operate only on the Contractor's network throughout the continental United States. The Contractor must provide the test accounts and devices at no charge and with no limitations on DMS's use of the accounts and devices. DMS will administer the test accounts, including activating, deactivating, and supervising. Customer Demonstration Reviews. Prior to making an initial order for service, Customers may request, and the Contractor will provide, wireless demonstration equipment (including airtime) for testing. All demo accounts and devices must be configured to operate only on the Contractor's ITN No.: DMS -19/20-006 Page 43 of 67 Attachment A: Statement of Work Mobile Communication Services 946 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work network throughout the continental United States. Demo devices must be provided at no charge for thirty (30) Business Days. The Contractor will post on its portal the step-by-step procedures to obtain the demo devices. The Contractor shall coordinate directly with the Customer regarding demo accounts and devices. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14 Emergency Services This subsection is applicable to both WVS and WDS. The Contractor shall provide emergency services, a crucial aspect of MCS, as described in this section. 3.14.1 911/E911 The Contractor is required to fully comply with federal and State -mandated emergency service requirements, including 911 and E911 services. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.2 Department of Homeland Security Programs The Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency's (CISA) Emergency Communications Division (the Office) collaborates with the public and private sectors to ensure the national security and emergency preparedness communications community has access to priority telecommunications and restoration services to communicate under all circumstances. The Office manages the Government Emergency Telecommunications Service (GETS), Wireless Priority Services (WPS), Telecommunications Service Priority (TSP), and Next Generation Network Priority Service (NGN-PS) programs. The Contractor must participate in at a minimum TSP, GETS, WPS, and NGN-PS in support of the State's emergency preparedness efforts. For additional information see https://www.dhs.gov/oec-communications-portfolio-management. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.3 Emergency Support Function 2 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 44 of 67 Mobile Communication Services 947 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Background. DMS provides communications assistance during emergencies and disasters. DMS is the lead agency for communications under direction of the Florida Division of Emergency Management. Section 282.702(7), F.S., directs DMS to cooperate with any federal, state, or local emergency management agency in providing for emergency communications services. DMS is the first point of contact for telecommunications service providers for equipment and services coordination to provide communications support statewide before, during, and after emergencies or disasters. The National Response Framework is part of the United States National Strategy for Homeland Security, which details fifteen (15) Emergency Support Function Annexes. In Florida, the DMS Emergency Support Function 2 (ESF-2) consists of a dedicated team of telecommunications professionals with expertise in radio systems, voice/data/network communications, and project management. The Contractor is required to participate in ESF-2 activities and respond to the needs of the State. The Contractor shall ship the specified quantity (up to 100 of each type (basic, Smartphone, MiFi, USB) requested) of activated wireless (WVS and WDS) devices within twenty-four (24) hours of receiving the ESF-2 request, and deliver within forty-eight (48) hours. The devices will be delivered at Contract costs, with the only additional cost being reasonable expedited shipping. The Contractor shall use commercially reasonable efforts to deliver devices to any accessible (officially ordered safe to enter) location within the Contractor's service area as directed by ESF- 2. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.15 Contractor's Service Delivery Costs This subsection is applicable to both WVS and WDS. The Contractor will not charge the Department or Customers for service delivery or infrastructure costs. The Contractor can only charge for services and equipment contemplated in the EUPL, Vendor's Device List, and the Contract. There will be no costs to activate a service or device. Customers may cancel service at any time without any costs. The Contractor is financially responsible for its connection to MFN, including, but not limited to, the network -to -network interface, VPN concentrators, circuits, infrastructure components, bandwidth upgrades, equipment, and software. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 45 of 67 Attachment A: Statement of Work Mobile Communication Services 948 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 3.16 Highly Available and Highly Reliable Design Characteristics MCS functionality provides support for mission -critical agency Customers. The Contractor shall provide infrastructures, hardware, software, and processes designed to be HA/HR, by, at a minimum: 1. Providing designs to eliminate single points of failure, including minimal convergence times. 2. Utilizing redundant (or backup systems) hardware and software providing continuous availability when a critical component fails or is removed from service for maintenance. 3. Utilizing automated interactions between systems or services to detect when a component has failed. 4. Utilizing multiple physical data paths within an infrastructure to eliminate a potential impact on performance when a path fails or is taken out of service. 5. Utilizing equipment with dual power supplies plugged into separate sources of power, which may include the use of a generator for backup power. 6. Maintaining the entire MCS infrastructure at normal operational functionality and not permitting anything to impact performance, regardless of cause. Given the statements in this subsection: 2. Describe in detail the proposed offering for this subsection, addressing the design objectives listed above. 3. Describe how the Respondent will provide validation of their HA/HR design to DMS allowing DMS to perform Contract oversight. Resilient by Design Our wireless infrastructure is designed to provide customers with a resilient network that is fault- tolerant and cost effective. Verizon's two wireless Network Operations Centers (NOCs) serve as the hubs of our regional network operations. The NOCs are located in Bedminster, NJ, and Westlake, TX, and operate 24/7/365. The NOCs detect network failures, diagnose the failure, send out repair personnel and track the problem to conclusion. NOCs monitor cell sites, mobile switching centers, mobile data switching systems and transmission facilities for potential problems. If an outage occurs, a field engineer is dispatched as soon as possible to correct the problem and bring the cell site back on line. Equipment electronically tracks system alarms and immediately reports them to our surveillance engineers to investigate and act on promptly. When an alarm is activated, the system gives detailed information, including cell location, the switch location, contact numbers for local commercial power companies, police and fire departments, and even driving directions to the cell site. The network management system also gives our network surveillance engineers the ability to perform remote diagnostic procedures and, in some cases, restoration of service. Network Surveillance and Alarm Monitoring We continuously monitor all of our data networks for congestion. We respond immediately to increased capacity needs where necessary and use internal statistical information, drive ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 46 of 67 Mobile Communication Services 949 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work testingand a third -party monitoring service to evaluate network performance. Peaks of concentrated traffic may, from time to time, cause heavy network usage; however, we engineer our systems to support a typical volume during the busiest hours of the day. The Data Network Operations Center (DNOC) has procedures in place that are designed to troubleshoot and/or resolve problems that may arise. These include the following: • Availability of a Data Help Desk and DNOC for problem resolution • Prompt investigation of problems; • Notification of key individuals, including wireless data engineers and technical experts, if necessary • Establishment of estimated time frames for actions and resolution • Upon resolution, notification to the customer Alarm Procedures Business Hours (08:00 - 17:00) During business hours, surveillance engineers will alert regional network operations of critical alarm conditions. Regional operations will respond normally within one hour, providing the NOC of estimated time of arrival and service restoration. It will also notify the NOC of trouble resolution. After Hours (17:00- 08:00) After business hours, the NOC will initiate corrective actions on critical alarms. Failure to remotely diagnose and correct equipment problems will result in a page to regional "night watch" personnel. Regional operations will respond normally within one hour, providing the NOC of estimated time of arrival and service restoration. It will also notify the NOC of trouble resolution. Outage Notification Unscheduled outages will be reported immediately to an automated voicemail system that will notify appropriate Verizon personnel. System engineers will coordinate scheduled maintenance outages. 3.17 Reports, Updates, and Notifications Requirements This subsection is applicable to both WVS and WDS. DMS requires the following reports and data, at a minimum, to accomplish Contract oversight. All reports are to be provided at the enterprise level (i.e., for all Customers that utilize this Contract) and shall exclude any information regarded as Customer Proprietary Network Information (CPNI). Should the Contractor provide the reports through a portal, dashboard or other self -managed web -based tool, the Department's access must allow enterprise reporting. 1. The Contractor shall provide reports, updates, and notifications in accordance with the following section and subsections of this SOW: a. Monthly SLA Compliance Report, SLA -133 (Subsection 3.18.5) b. Monthly Escalation Activity Report, SLA -B4 (Subsection 3.19.1) ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 47 of 67 Mobile Communication Services 950 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work c. Quarterly Zero Usage Report, SLA -135 (Subsection 3.19.2) d. Escalation Procedure and Escalation Procedure Updates, SLA -136 (Subsection 3.19.3) e. Notifications, SLA B7, B8, B9 (Subsection 3.19.4) f. Weekly Transition Status Reports during Transition (Subsection 3.24) g. Project Status Report, SLA -D3 (Subsection 3.26.2.3) h. Incumbent Contractor Weekly Migration Report, SLA -D7 (Subsection 3.26.5) i. Monthly Public Safety Service Plans and Devices Report, SLA -E1 (Section 4) j. Direct -Billed Accounts Monthly Report, SLA -G2 (Subsection 6.4) k. Direct -Billed Accounts Quarterly Report, SLA -G3 (Subsection 6.5) 2. The Contractor shall provide any of the items below upon request from the Department: a. Identification and validation of products/services and rates; b. Compilation of statistics on products/services from a high level to a detailed level; Inventory of devices; d. Services and devices trend information; e. Identification and validation of Contractor's Customer billing (to include all charges, service taxes, surcharges, refunds, and adjustments); and f. Ad hoc reports, for data and information that is available and accessible to Contractor which will be at no cost and include a report delivery timeframe within two (2) Business Days of receipt of request, unless due to the amount of data required, DMS grants a longer timeframe after discussion with the Contractor. Given the statements in this subsection: Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. Reports, Updates, and Notifications Requirements Verizon currently provides DMS with reporting and data for contract oversight: This reporting includes the requisite updates and notifications in accordance with the requirements of its existing contract with DMS -1011-008C. Upon contract award, Verizon will work with DMS to ensure mutually agreeable reporting and notification criteria as detailed in section 1a. through 1m. of the agreement are met or exceeded. In addition, DMS can take advantage of the reporting available through Verizon's My Business online web portal to meet the requirements of 2a. through 2f. listed above as described in Section 3.20 of the SOW. 3.18 Service Level Agreement Operational Process This subsection and all sub -subsections are applicable to both WVS and WDS. 3.18.1 General SLA Requirements ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 48 of 67 Mobile Communication Services 951 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 1. The Contractor will pay SLAs by giving the Department a credit in the amount owed. If it is the last billing cycle of the service and credits exceed any payment due to the Contractor, the Contractor will refund the amount due in the form of a check. 2. SLA credits restart each month based on the review process and monthly billing cycle. 3. Unless there is an explicit reference to "business days," all SLA credits are applicable based on calendar days. A calendar day starts at 12:00 AM and ends at 11:59 PM, Eastern Time. 4. All SLA credits are payable to DMS. 5. The billing reconciliation for SLA violations takes place once final determination of SLA credits has been completed. 3.18.2 Reporting and Review 1. Each month, the Contractor, its subcontractors, and DMS participate in a review and scrubbing of all data related to SLAs. Based on this review, credits are developed. 2. DMS is not required to explicitly request or otherwise initiate the SLA review and validation process in order to receive SLA credits. 3.18.3 SLA Holds 1. If time is a factor in the calculation of the SLA, the SLA clock may be suspended, in the Department's discretion, if the Contractor has documented in its ticketing system at least one (1) of the reasons listed below: a. The Customer provided incorrect information in its order, including an incorrect address. b. The Customer did not attend a confirmed scheduled appointment. c. The Customer was unresponsive to calls or emails. d. A site readiness requirement was not fulfilled by the Customer. 2. The SLA clock may also be suspended as identified in Attachment C — Service Level Agreements. 3. The Contractor shall troubleshoot to the fullest extent feasible, whether or not the SLA clock is suspended. 3.18.4 Contractor SLA Accountability 1. SLAs apply regardless of whether the violation was a result of human error, poor engineering design, tardy dispatch, dispatch without required repair or diagnostic tools, exceeding the scope of an approved maintenance change request that causes performance degradation (deterioration in quality, level, or standard of performance of a system, service, feature, or functionality), or any other reason. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 49 of 67 Mobile Communication Services 952 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 2. With the exception of the Contractor's failure to provide the requisite notice (see Section 3.19 Item 4), SLAs will not apply during scheduled upgrade or maintenance windows (including emergency scheduled maintenance). SLAs will apply for all other service element impacts during and after the scheduled maintenance window. 3. DMS will make the final determination on the Contractor's compliance with SLAs. 3.18.5 Compliance Report 1. The Contractor shall deliver a timely and comprehensive SLA Compliance Report on a monthly basis. The Contractor shall provide backup detail (justification) to DMS upon request. Final acceptance of this report is at the sole discretion of the DMS Contract Manager. The report will be provided to the DMS Contract Manager. Attachment C, SLA - 1133. The SLA Compliance Report must: i. allow DMS to assess performance against measurable service levels; ii. include all SLAs in Attachment C — Service Level Agreements; iii. state "N/A" for SLAs for which no services have been delivered during the Implementation Phase; iv. not be locked or password protected; v. include adequate documentation, as determined by the Department, to demonstrate the Contractor's reported monitoring; and vi. will be coordinated with the Contractor and approved by DMS with regard to format, content, and level of detail. 2. If the SLA Compliance Report fails to accurately reflect an SLA violation, additional information may be utilized by the Department in determining SLA compliance in the Department's sole discretion. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 50 of 67 Mobile Communication Services 953 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 51 of 67 Mobile Communication Services 954 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 3.19 Customer Support This subsection is applicable to both WVS and WDS. The Contractor shall provide the following to the Department's designated recipient(s): 1. Monthly Escalation Activity Reports. This report must be provided on a monthly basis and detail the number of calls and emails related to requests for escalation assistance for technical and administrative support. The format must allow DMS to understand the ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 52 of 67 Mobile Communication Services 955 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work relative importance of the issues within the escalation queue. Relative importance could be determined by the number of devices impacted or the length of time the Customer has been attempting to obtain a resolution to the issue. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -1134. 2. Quarterly Zero Usage Reports. This report must include a high-level summary of End- user devices that show no usage (i.e., zero minutes, zero texts, and zero data) for three (3) consecutive months. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -1135. 3. Escalation Procedure and Escalation Procedure Updates. This procedure must be developed and employed for unresolved network issues, Customer issues, or concerns that are not addressed in a timely manner. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved issues or issues that have been outstanding for more than ten (10) business days. Escalation procedures are to be updated by the Contractor when either DMS or the Contractor identify the need for an update. Attachment C, SLA -1136. 4. Notifications. Electronic notifications are required in advance of planned maintenance during instances of significant service impact, including performance degradation, over a generalized area. Attachment C, SLA -1137. Electronic notifications are required for emergency and unplanned outage activities when the activity may cause a significant service impact, including performance degradation, over a generalized area. Notifications must include an impact statement, date, time, reason for emergency or unplanned outage, and duration if available. The reason for emergency or unplanned outage and duration may be sent in a follow-up notification. Changes to the estimated duration should also be sent (if available). Attachment C, SLA -1138 and SLA -1139. 5. Customer Support Team. The Customer Support Team shall address situations on a daily basis that have not been addressed within the customer support processes. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the process which will allow DMS to support its Customers and End-users with timely notifications. 3. Describe the corporate commitment to providing DMS the information it requires for notifications on significant performance impacts to WVS and WDS. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 53 of 67 Mobile Communication Services 956 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 4. Describe the corporate commitment to providing DMS the necessary Customer Support Team staffing (resources) for escalations to address situations not readily addressed within the operational processes. 5. Describe the use of an escalation procedure related to situations which have not been addressed within the normal customer support processes. Customer Support Monthly Escalation Reports Verizon will support DMS with a monthly basis and detail the number of calls and emails related to requests for escalation assistance for technical and administrative support. Quarterly Zero Usage Reports Verizon will continue to provide a high-level summary of End- user devices that show no usage (i.e., zero minutes, zero texts, and zero data) quarterly. You can also obtain this report through Verizon's My Business online portal. Escalation Process Your authorized contact also has the option of contacting your Global Enterprise Advisor/Account Manager for assistance in managing your account. Your first point of contact for trouble with your voice or data services is our Business and Government Customer Operations (BGCO) organization. Members of our BGCO teams can conduct rudimentary device and network troubleshooting. Concerns related to quality of service, such as the inability to make or receive calls, will be assigned the highest priority and receive prompt attention. A staff supervisor is available during the BGCO team's hours of operation. In the event BGCO representatives cannot resolve a situation and escalation becomes necessary, the following account team members may be contacted. Contact Name Phone Number Client Partner - Public Sector, Verizon Business Tom Madden 850.294.5171 Group Global Enterprise Advisor Paris Perkins 1.800.757.0699 ext. 2103721 If the escalated situation is not effectively resolved or the process of resolution is not effectively initiated within 24 hours of the request, we suggest contacting the staff management level. Contact Name Phone Number Solutions Executive Federal John Amorielle 843.670.6648 Senior Manager- Business Government Customer Andrew Cuozzo 443.820.4002 Operations ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 54 of 67 Mobile Communication Services 957 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work A highly sensitive situation that requires further escalation may require director level involvement. In those rare situations, we suggest you request a call back from the individuals below in the order in which they are listed. Contact Name Phone Number Director- Business and Joseph Chuisano 410.694.3400 Government Customer Operations Complex situations may require research and may take longer to resolve. In these situations, we will research, resolve the issue and report back to the employee or authorized contact when the issue is resolved. Notifications The Network Event Notification (NEN) Program is a courtesy service that provides notice to your organization about planned and unplanned network maintenance, including ongoing updates and issue resolution for affected services. Network event notifications are issued via email and the same information is maintained online through a self -serve NEN portal for up to four weeks. Your organization may choose to receive notices on unplanned and/or planned events. Events That May Trigger Notification and Notification Process Network event notifications will issue to your organization's identified contacts, providing information about planned and unplanned maintenance events that may impact your service with us. A planned network event is sent to your identified contact up to two weeks before any planned network maintenance. An unplanned network event is sent when we receive confirmation there has been an unplanned disruption of service on the network. Events that may trigger automatic notification include a service condition that is significantly below our normal service operational thresholds. Because the service outage notification is sent when our systems identify a possible outage, your identified contact may receive the notification regardless of whether or not your end users are affected. There are four types of unplanned network event notifications: • Initial - Sent when the disruption is confirmed • Update - Sent every half hour until the service is restored • Restored - Sent when the issue is resolved and service is restored • Informational - Sent when it has been determined that a brief service disruption occurred on the network, but was resolved before an alert was issued If you receive a notification, there is no need to take any action. Our network engineers will be working to resolve the issue and you will receive an update when it is resolved. Both planned and unplanned event notifications will include the following information: ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 55 of 67 Mobile Communication Services 958 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work • Start Date • Start Time • Severity Level [(High or Low for Planned), (High for Unplanned)] • Affected Service (e.g., 4G LTE, Enterprise Messaging) • Affected Location: (e.g., Dallas, Texas) • Affected Counties: (e.g., Freestone, Grayson, Kaufman, Fannin, Rockwall, Dallas, Henderson, Collin, Hunt, Ellis, Van Zandt, Navarro, Denton) • Tracking Number: (e.g., 123456) Self -Service Portal The self-service NEN portal includes the same network event information as is contained in the notification emails. The information is presented in user friendly views with data maintained for up to four weeks. You can access the NEN portal directly through Verizon's My Business online resource or via https://m2m.verizonwireless.com/m2m/index.html#nenManageEnrollment Enrollment by Services Your organization may choose to receive notifications when all or at least one of the following covered services is operating below normal thresholds: • 1X • 4G LTE • 3G Network Extender • 4G Network Extender • HD Voice (formerly known as Advanced Calling) • Call Processing • Domestic Roaming -Data • Domestic Roaming -Voice • Enterprise Customer Mapping Solution • Enterprise Messaging • EV -DO • Enhanced Virtual Private Network • International Roaming Data -GSM • International Roaming Voice -GSM • IOT Grid Wide Utility Solutions • Location -based Service • LTE in Rural America • Network API • OTA 4G Device Management • One Talk • Push To Talk • Push To Talk Plus • Blackberry • SMS & Voicemail Notification • Static IP (Euless, TX) • Static IP (Hickory Hills) • Static IP (Plymouth Meeting) • Static IP (Sunnyvale) • ThingSpace Manage • Usage Controls • Verizon Digital Signage ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 56 of 67 Mobile Communication Services 959 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work • Verizon Messaging Gateway • Voicemail & Notification • Visual Voicemail • Visual Voicemail - iPhone • Voice Cypher • Wi-Fi Calling The following are for Private Network (you may select all or at least one option from the list below): • Verizon Wireless Private Network - Aurora • Verizon Wireless Private Network - Birmingham • Verizon Wireless Private Network - Branchburg • Verizon Wireless Private Network - Charlotte 1 • Verizon Wireless Private Network - Charlotte 2 • Verizon Wireless Private Network - Columbus • Verizon Wireless Private Network - Euless 1 • Verizon Wireless Private Network - Euless 2 • Verizon Wireless Private Network - Hickory Hills • Verizon Wireless Private Network - Las Vegas • Verizon Wireless Private Network - Lodge (Detroit) • Verizon Wireless Private Network - Omaha • Verizon Wireless Private Network - Plymouth Meeting • Verizon Wireless Private Network - Redmond Ridge • Verizon Wireless Private Network - Rocklin • Verizon Wireless Private Network - Westborough The Network Notification Program is offered as a courtesy only. In no event shall the failure to provide outage notifications subject Verizon to penalties or damages of any kind. Verizon reserves the right to modify or discontinue outage notifications at any time. Support Team Our Business and Government Customer Operations (BGCO) teams are trained to address your inquiries related to our wireless services. They operate out of three full-service centers across the country: • Hanover, MD, Mon - Fri, 8 AM - 7 PM ET • Alpharetta, GA, Mon - Fri, 8 AM - 7 PM ET • Salt Lake City, UT, Mon - Fri, 8 AM - 7 PM MT The BGCO team assigned to your organization is determined by the geographical area of your headquarters location and can be reached toll-free at 800-922-0204. In the event your employees seek assistance after your BGCO team's hours, our standard full-service wireless Customer Care team is available from 8 AM - 9 PM, Monday through Saturday, and 8 AM - 5 PM on Sunday, in each time zone. Customer Care can be reached toll free at 800-922-0204 and airtime -free at *611 from the wireless device. These Customer Care representatives are not specifically trained to support our corporate accounts, but can address many of your employees' inquiries. 3.20 Contractor's MCS Portal ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 57 of 67 Mobile Communication Services 960 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work This subsection is applicable to both WVS and WDS. The Contractor shall provide an easy-to-use MCS portal that allows Customers to manage their End-user WVS and WDS devices, device management, and associated services. At a minimum, the portal must allow Customers' designated administrators to view the specifics of and add, change, and cancel devices and services. As changes are made, corresponding billing changes must take place automatically. The Contractor is responsible for the general content and management of and for hosting the portal. All MCS -specific content must be approved in writing by the DMS Product Manager before publication. The Contractor's MCS portal must include, at a minimum: 1. service definitions; 2. available features and options; 3. training materials; 4. product support information; 5. ordering procedures; 6. user guides; 7. equipment definitions and specifications; 8. maintenance information; 9. product configuration options; and 10. may include other information as mutually agreed to and approved in writing by the DMS Product Manager, such as whitepapers and diagrams. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. Contractor's Portal Verizon's My Business online resource is a self-service tool that enables your organization to manage your wireless accounts. You can view and pay your bills, create business structures, view select reports and maintain your account. Additionally, your designated employees can purchase equipment, accessories and service using My Business' functionality. With My Business you can: • Receive online reporting in a consolidated manner or broken out by account or wireless number • View individual phone information, such as airtime usage and call detail • Modify mobile number information to allow for specific, customized analysis My Business provides a wide variety of comprehensive standard wireless reports, such as: • Charges Reports ITN No.: DMS -19/20-006 Page 58 of 67 Attachment A: Statement of Work Mobile Communication Services 961 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work • Additional Charges - details monthly access, equipment charges, service & feature charges and taxes • Airtime Charges Detail - Details call usage and charges • Airtime Charges Summary - A summary of all your charges including taxes, services & features, access, airtime, etc. • Analyze Phone Charges - Detail view of charges and calls • Analyze Roaming Charges - Detail view of roaming calls • Most Expensive Calls - Calls with the highest charges • Purchase - All purchase activity details and charges Usage Reports • Account Unbilled Usage - Current unbilled usage for the account • Billed Data Details - Data session details for multiple wireless numbers displayed simultaneously • Billed Messaging Details - Message details for multiple wireless numbers displayed simultaneously • Call Summary - Summary of voice usage and charges for each wireless number • Data Summary - Summary of data, messaging and purchase charges for each wireless number • Grand Total - Comprehensive Summary. Details total charges and total minutes. • International Travel Data High Alerts - A weekly list of high data usage alerts sent for current global data usage by wireless number. Other Reports • Active Features - List of all features currently on your lines of service • Billing Structure - Your organization's My Business users and their access within the online resource structures • Business Account Analysis - View a summary of your organization's discounts and the amount of money saved, upgrade status and overage charges • Company Users - Your organization's My Business users and their permissions within the online resource • Customer Invoice Management - A report with your own defined hierarchy • Deactivated Phones - Wireless numbers that have been deactivated • Device - Comprehensive summary of devices and upgrade eligibility You can add or remove fields from most existing standard reports. You can also create customized reports for the way your organization does business, including just the information you need - selecting from over 300 different reporting fields and order the fields in any sequence you want for your reports. You can save and schedule reports in advance, and receive an email when they are ready to be downloaded. You can also share saved reports with others in your organization or keep them private and change sharing status as needed. Raw Data Download Raw data download (RDD) is a representation of your Verizon wireless bills and does not include any reporting structures you design in My Business. The download provides a holistic view of all of your statement data, and it is delivered in a .zip file with four individual .txt files. The .txt files are: • Account Summary - Represents the account summary section of a statement • Account and Wireless Charges Detail Summary - Represents the wireless number charges section of a statement ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 59 of 67 Mobile Communication Services 962 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work • Account and Wireless Summary - Represents the wireless number summary section of a statement • Wireless Usage Detail - Represents the usage section of a statement RDD is available within approximately 10 business days of each completed bill cycle. While these reports will meet the vast majority of your requirements, additional non-standard reporting options may be available upon specific written request. Your Account Manager can provide further details. 3.21 Devices This subsection is applicable to both WVS and WDS. The Contractor must provide all applicable software and firmware for each device offered under the Contract and corresponding support. The Contractor must provide a link to the manufacturer's website where Customers can download current software updates/releases and software version release notes. The Contractor must work with the Customer and make a device recommendation based on a case-by-case analysis of the intended use of the device. All devices offered under MCS must be certified by the Contractor to operate with the performance parameters claimed by the manufacturer. The Contractor will remove any device that does not meet the manufacturer's and the Contractor's performance claims from the Vendor's Device List. 1. Excluding activations involving number portability, the Contractor shall ship in -stock devices (including replacement devices) activated, registered, and ready -for -use. 2. If the Contractor is unable to ship in -stock devices, or if a device is out -of -stock, the Contractor must notify the Customer. 3. Account changes made in the MCS portal will display automatically in the portal and may take up to one (1) Business Day to be fully processed in the billing system with the exception of: a. devices that are out of stock or otherwise unavailable; b. account changes involving number portability; c. account changes with 1,000 lines of service or more should be made within three (3) Business Days. 4. Account changes made by phone or email should be processed within two (2) Business Day with the exception of: a. devices that are out of stock or otherwise unavailable; b. account changes involving number portability; c. account changes with 1,000 lines of service or more should be made within three (3) Business Days. 5. Shipping and handling fees are the responsibility of the Contractor, except for emergency and/or expedited orders. During the ordering process, Customers have the ability to approve related expedite fees prior to shipment. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the Customer. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 60 of 67 Mobile Communication Services 963 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 6. The Contractor shall provide credit and/or replacement for freight -damaged or defective items and replace the items within two (2) Business Days after notification by the Customer. The Contractor shall provide expedited 24-hour delivery as requested by the Customer for new, replacement, and upgrade devices. 7. The Contractor may invoice the Customer an expedite charge. 8. The Contractor will be responsible for the credit and/or replacement of any freight - damaged or defective products at time of delivery. The Contractor shall not require the Customer to deal directly with the manufacturer. Within five (5) Business Days of a Customer's request, the Contractor shall provide the Customer with a prepaid return label or prepaid self-addressed container suitable for the item's return. 9. The Contractor must accept returns of items shipped in error and credit the Customer for the full amount. Within five (5) Business Days of the Customer's request, the Contractor shall provide the Customer with a prepaid return label or prepaid self-addressed container suitable for returning the item. Delivery of correct items will be at no cost to the Customer. 10. The Contractor shall not impose any restocking fee under any circumstance. 11. Device provisioning errors must be corrected by the Contractor. 12. The Contractor shall not provide salvaged, distressed, outdated, or discontinued merchandise. 13. The Contractor shall obtain and pass through to the Customer any and all warranties obtained or available from the manufacturer/licensor of the cellular product. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. Verizon's Devices Verizon works with manufacturers to update devices software/firmware for up to two (2) years after initial launch. Updates are typically made available via an over -the air update. Customers can contact their Account Manager/Customer Service for manufacturer -website links. Assistance with choosing service/equipment is provided by Customer's Account Manager. Any device on our network goes through extensive testing to ensure the device delivers reliable wireless service at peak performance levels. If a device does not perform to our standards, it will not be approved for use on Verizon's wireless network. Equipment arrives preprogrammed, ready to activate. Customers receive email -notification if ordered equipment is unavailable. Customers can order equipment and make account changes in My Business online resource; changes are typically effective within 24 -hours of submission; two (2) day shipping is provided free of charge upon receipt of order. Customer's Account Manager can coordinate rush/overnight delivery (charges may apply). Title and risk of loss pass to Customer and acceptance occurs upon receipt of equipment at address on the order. Verizon accepts returns/exchanges on all equipment purchased from us by government -liable end-users within thirty (30) days of purchase and credits the Customer for the full amount of the equipment; devices are shipped with receipt, return label, and container. No restocking fees. Verizon's technical support is available 24/7 to assist with provisioning. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 61 of 67 Mobile Communication Services 964 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Verizon will provide new devices for the initial purchase. Replacement devices may be Certified Like -New. Customers receive manufacturer's equipment warranty. 3.22 Cooperation with Other Contractors This subsection is applicable to both WVS and WDS. The Contractor must fully cooperate with DMS, Customers, and other contractors providing telecommunications services to the State. The Contractor must not commit or permit any act which will interfere with the performance of work by any other Contractor or Customers. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the corporate commitment to interact and work collaboratively with other Contractors and subcontractors, creating a team of SUNCOM service providers. Cooperation with Other Contractors Verizon has worked closely with DMS and its contractor since 2004. Specifically with current and previous MFN contractors in establishing the current Network to Network Interface. Given the numerous initiatives associated with the State of Florida's Digital Transformation we fully expect to and welcome working with DMS and its contractors. Our standard communications solutions use applications, technologies and devices of many third parties. Most of these are provided under the terms and conditions of the corporate account agreement. However, certain features, applications, and devices described in this proposal may be provided by independent vendor(s) and may be subject to acceptance of their applicable terms and conditions. Verizon works with multiple vendors and third -party solution providers to present our customers with such applications and solutions, and we assume no responsibility for these third -party providers as our personnel or agents. For certain third -party solutions, you may elect to have charges presented on your Verizon bill for your convenience. Verizon will collaboratively with other Contractors and subcontractors (SUNCOM service providers) throughout the term of any resulting contract. 3.23 Customer Migration This subsection is applicable to both WVS and WDS. This subsection addresses the migration to services under this Contract. Attachment C, SLA - B10. The Contractor shall: ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 62 of 67 Mobile Communication Services 965 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 1. Provide all reporting activities listed in SOW subsection3.26.5, Project Management — Implementation Plan and Customer Specific Migration Plans. 2. Assist as necessary to migrate existing MCS Customers to this Contract. 3. Not charge any non-recurring charges as part of the migration. 4. Not charge for service activations and SIM cards. 5. Provide end-users with the option to maintain their existing cellular device(s) and/or phone number(s) at no charge provided that the existing device can be unlocked and is compatible with Contractor's network. 6. Coordinate and communicate with DMS and Customers throughout all aspects of the migration. 7. Complete the migration for State Agencies in one -hundred and twenty (120) calendar days. Complete the migration for OEUs in one -hundred and eighty (180) calendar days. a. Migration commences with DMS acceptance of the Services Infrastructure Checklist and ends when all current MCS Customers are identified as either migrated or no longer receiving services from the Contractor. b. Migration does not include new Customers (non-current MCS Customers), Customers changing their services after migration, or non -State agencies that opt to purchase under a different contract. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. Customer Migration Verizon will work with DMS to migrate services with as little interruption or degradation as possible. For existing Verizon wireless subscribers, there should be no interruption of services upon conversion. If porting from another carrier, there may be a brief lapse of service while the conversion is taking place. The implementation process comprises several phases. Your organization may be assigned a dedicated Implementation Manager who will serve as a project manager and assist you in the development of a customized implementation plan based on your specific requirements to transition your employees to Verizon wireless service. The Implementation Manager will also coordinate with other Verizon teams so the plan is executed in a timely manner. Throughout implementation, you will be provided with status updates to keep the process running smoothly and accurately. Implementation will typically take 90 days. Complex requests or specialized elements within your corporate contract may extend the timeframe. The following are some of the more critical steps that are generally included in our current implementation process: • The implementation team is assigned and meets internally to review your requirements • The implementation team coordinates a formal implementation kick-off conference call to introduce members to you ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 63 of 67 Mobile Communication Services 966 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work • The Implementation Manager and/or team meets with your organization to develop a comprehensive account management program by customizing processes and procedures to meet activation, equipment fulfillment and your ongoing support requirements. This program may include an online billing, ordering, and analysis tool, among other account management functions • If you will be using a self-service portal, a Web -based demonstration may be conducted • You will provide a list of all the confirmed mobile numbers eligible to participate in the new Verizon wireless corporate pricing program • Migration, including numbers to be ported from other carriers, commences • To facilitate migration of your employees who already have wireless lines with us, we will query our billing systems to identify those lines based on Federal Tax ID numbers, Dun & Bradstreet numbers, and internal coding • The Implementation Manager will create or identify coding; and an account profile for your organization will be created • Account documents will be distributed and reviewed to include processes and procedures specific to you and your account • Employee program materials are created and marketing for the employee program begins (if applicable) 3.24 Transition for Future Iterations of this Service This subsection is applicable to both WVS and WDS. This subsection defines requirements associated with the end of the Contract to transition to the replacement contract for future iterations of these services or similar services. The Contractor shall provide transition duties until all Customer services have been transitioned, migrated, or discontinued and the Contractor has billed Customers their final invoices and resolved all disputed charges. The Contractor shall develop and implement a transition plan and perform all tasks identified in the plan in a timely manner to mitigate service disruptions (see subsection 3.23). The Contractor shall participate in meetings with the State, Customers, and other service provider(s) as reasonably required by the State in planning for the transition. There shall be no additional cost to DMS or Customers for transition activities. The Contractor shall timely and consistently coordinate and communicate with DMS and Customers, and other service providers, throughout all phases of the transition to ensure an orderly and efficient transition of services to any replacement contract. The Contractor will be required to perform end -of -service transition activities, which may take place at any time during the Contract term, and end -of -Contract transition services prior to the expiration or termination of the Contract. The full transition of existing services to replacement ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 64 of 67 Mobile Communication Services 967 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work services and contracts is hereby explicitly made a criterion for completing the Contract Transition Plan. Upon request by DMS, the Contractor will be required to submit a transition plan for services within sixty (60) days with sufficient detail for DMS's review and approval. DMS reserves the right to request modifications. The plan must include and describe in detail: 1. How the transition will be accomplished in the least disruptive way. 2. The Contractor's commitment to continue to provide services and Contract resources under the existing terms and conditions of the Contract during the transition, including any restrictions and/or limitations. 3. The Customer impact and the Contractor's commitment to minimizing any impact (e.g., business needs, complexity of service, services impacted by special programs, etc.). 4. Identification of tasks dependent upon the State's data or resources. 5. Identification of all Customers by service type and unique product identifier. 6. Plan for transparent transition of services to support the continued billing, collection, and remittance of cost recovery rate for services. 7. Use of industry -accepted project management methodology throughout the transition process. Overlapping services may be required when transitioning from one large infrastructure to another, and transition may take multiple years to complete. DMS will not be obligated to maintain Contract services for any set number of users or locations during the transition. The Contractor is required to work with DMS, Customers, and any other DMS contractor as expeditiously as possible in order to transition. The Contractor agrees to: 1. Cooperate with all entities to ensure an orderly and efficient transition of services. These efforts include taking all necessary steps, measures, and controls to ensure minimal disruption of services during the transition. 2. Maintain staffing levels that are sufficient to handle a smooth, complete, and expedient transition. 3. Transfer all applicable knowledge, including, but not limited to, the devices, software, and third -party Contract services. 4. Provide all data related to the delivery of services, requested by DMS, that is not a tangible or intangible licensed product that existed before Contract work began. The Contractor shall bear the burden of proving existence before Contract work began, including, but not limited to, databases and other repositories of information (for example, operational, user, and administrative information). 5. Upon request, promptly deliver to DMS, whether or not previously made available, all up- to-date guides, manuals, and training materials including operational, user, administrative, and any other guides and procedures the Contractor follows. All documentation created for the purpose of supporting, operating, maintaining, upgrading, and enhancing services, including, but not limited to, design documents and device configurations for services, ITN No.: DMS -19/20-006 Page 65 of 67 Attachment A: Statement of Work Mobile Communication Services 968 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work shall be promptly delivered to DMS upon request, whether or not previously made available. 6. Assist DMS and any other DMS contractor with the planning and installation of any services to facilitate business continuity. 7. Respond promptly and completely to all questions related to the transition. 8. Provide all services and functions necessary for a complete, smooth, and expedient transition. 9. Assist the Department with the installation of network -to -network connections to facilitate continuity for MCS sites. Network -to -network connections will be paid for by the Department. At the time DMS initiates the transition plan, the Contractor shall provide the DMS Contract Manager a weekly Transition Status Report. The report shall include all impacted Customers. The format, content, and level of detail must be approved by DMS. After each End-user service transition is completed and the transition status and the billing account status both achieve 100% completion on the Transition Status Report for two (2) consecutive weeks, the Contractor may delete the service line item from the next weekly Transition Status Report. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.25 Contractor Meetings with DMS This subsection is applicable to both WVS and WDS. This subsection includes requirements applicable to subsections 3.26.1 through to and including 3.26.4. The Contractor is required to attend all meetings referenced in this section plus ad hoc meetings as DMS deems necessary. Meetings will be held either at the DMS offices in Tallahassee, Florida or virtually. DMS may, at its sole discretion, require the Account Manager and other Contractor's staff attend the meeting in person or allow remote attendance via a mutually agreed-upon conferencing service. For virtual meetings the Contractor will be responsible for providing the video conference call bridge. For all meetings referenced herein, the Contractor is responsible for the business and administrative tasks associated with the meetings, including, but not limited to, creation of a meeting agenda developed in conjunction with DMS, preparing of any materials, meeting minutes, and other meeting planning efforts. SLA violations include, but are not limited to, inadequate participation of required staff and inadequate preparation. Meeting preparation must include background materials and reports. ITN No.: DMS -19/20-006 Page 66 of 67 Attachment A: Statement of Work Mobile Communication Services 969 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 3.25.1 Weekly Conference Call The Contractor shall initially participate in a weekly conference call with DMS to discuss and provide status updates on all open or unresolved issues in the escalation queue. It is the responsibility of the Contractor to coordinate and initiate the call at a time acceptable to the Department's staff. The call frequency is expected to be modified by DMS to monthly or quarterly during the initial Contract term, which is in DMS' sole discretion and dependent on implementation and migration. 3.25.2 Monthly Operational Meetings The Contractor is required to hold monthly meetings with DMS to review and audit, at a minimum, customer support, escalations, security, and SLA reporting services. These meetings may include, but are not limited to, discussions of the network and all of its services, review of operational concerns, technical updates/changes, SLA Compliance Report, Escalation Activity Report, Direct -Billed Monthly Report, Direct -Billed Quarterly Report, security, policy, design, and administrative topics. While there will be discussions of current and future services, these meetings are not sales meetings. Agendas for these meetings will include operational and administrative items, including, but not limited to, review of operational concerns, reviewing and auditing phone tree accuracy, updates to the staff notification process, and any proposed operational changes. 3.25.3 Project Management Monthly Review Meetings The Contractor is required to hold monthly meetings with DMS for project management during the Project Implementation Phase. Attachment SLA -C1. The Project Implementation Phase closes with DMS acceptance of a completed Services Infrastructure Checklist. The Contractor will set the agendas for these meetings, which will include, at a minimum, details of the previous period's achievements, the progress on upcoming and existing activities, changes, identified risks and recommendations to mitigate risk, forecasts, project progress, a list of discussion points, and action items with the associated responsible party and due date. 3.25.4 Project Implementation Phase — Project Kickoff Meeting The Project Kickoff Meeting will take place during the Project Implementation Phase within thirty (30) days of Contract execution. Attachment SLA -C2. The agenda for this meeting will include, at a minimum, introductions, review of staffing roles, and review of project scope. The Contractor's Key Required Staff are required to attend the Project Kickoff Meeting. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 67 of 67 Attachment A: Statement of Work Mobile Communication Services 970 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 3.26 Project Management This subsection is applicable to both WVS and WDS. The Contractor must provide project management services in accordance with the DMS regulations set forth in Chapter 74-1, F.A.C., for Project Management. All Project Management documents must be submitted as either a Microsoft Word 2016 (or higher) document or Adobe pdf. The Project Management Implementation Schedule shall be submitted as a Microsoft Project document. All project management documents will be submitted to the DMS Contract Manager. The following subsections contain the minimum requirements for MCS Project Management: 3.26.1 Project Management - Project Management Plan and Disaster Recovery Plan 1. The Contractor shall create a Project Management Plan (see Attachment C, SLA -131). The Project Management Plan must describe how the project is monitored, controlled, and executed. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. The plan listed below is an additional component of the Project Management Plan. However, the plan listed below is a deliverable separate from the Project Management Plan and subject to final acceptance by DMS. 2. Disaster Recovery Plan. (See Attachment C, SLA -D2.) The Contractor must deliver a detailed Disaster Recovery Plan and associated plans that outline a disaster recovery methodology, backup procedures, recovery plan, restoration plan, rebuilding process, testing of the disaster recovery plan and record of plan changes. The plan will include the following, at minimum: 1. Plan Objectives. 2. Assumptions. 3. Definition of Disaster. 4. Recovery Teams. 5. Team Responsibilities. 6. Internal and External Communications. 7. Federal, State, Local Roles and Responsibilities. 8. Services Restoration. 9. Support Timeline. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 68 of 67 Mobile Communication Services 971 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 3.26.2 Project Management - Implementation Phase The Project Implementation Phase starts after DMS acceptance of the Project Management Plan and ends with DMS acceptance of a completed Services Infrastructure Checklist. The Project Status Report, described below, is a deliverable that must be submitted to, and accepted by, the DMS Project Manager. 1. Project Status Report. The Contractor shall create Project Status Reports. Attachment C, SLA -133. The Contractor must provide bi-weekly Project Status Reports, which are due via email to the DMS Contract Manager each Thursday by 5:00 PM Eastern Time, and must include: a. Project schedule. b. A narrative description of significant project activities that have been conducted or are underway. c. The progress -to -date on project activities. d. An explanation of any tasks/activities that are behind -schedule and a plan to bring them current. e. Notification of issues or risks that have been encountered and their resolution or plan for future resolution. f. Upcoming deadlines. 3.26.3 Project Management - Guides The Contractor shall create the following two (2) guides. These guides are deliverables subject to final acceptance by DMS. The Contractor shall update the guides when necessary as determined by either DMS or the Contractor. Attachment C, SLA -D4. 1. WDS and WVS Operations Guides. The Contractor shall create and maintain one (1) WDS and WVS Operations Guides describing the operational relationship between the Contractor and DMS. The guides must establish procedures to be followed by the Contractor while delivering services. This includes engineering, operational, and business processes for service delivery. At a minimum, the guides must include ordering, troubleshooting, trouble reporting, service provisioning, SLA monitoring, and invoicing processes. 2. WDS and WVS User Guides. The Contractor shall provide one (1) WDS and WVS User Guides that provide a set of instructions for the End-user. The User Guides must also contain device specifications, such as a recommendation of number of simultaneous users that each device can support. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 69 of 67 Mobile Communication Services 972 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 3.26.4 Project Management - Closure The Contractor shall create project closure documentation. (See Attachment C, SLA - D5.) The project closure documentation must include a lessons learned document, final schedule, and retrospective of the project. 3.26.5 Project Management - Implementation Plan and Customer Specific Migration Plans 1. Implementation Plan. The Contractor must submit a detailed Project Implementation Plan to the Contract Manager. (See Attachment C, SLA -D6.) The Implementation Plan must address all activities in the Project Implementation Phase, which starts after the acceptance of the Project Management Plan and ends with DMS acceptance of a completed Services Infrastructure Checklist. a. The Implementation Plan must outline an implementation, approach, activities, dependencies, and assumptions for key stakeholders to support a successful project implementation. The Implementation Plan shall include, at a minimum: i. Schedule of activities, including all Services Infrastructure Checklist Activities. ii. Resource allocation. iii. Implementation and migration preparation planning and impact analysis. iv. Network support. v. Operations Centers (operational and security). vi. Day-to-day operational support services. vii. Training — cross reference training section. b. The Contractor shall provide weekly reporting regarding migration. Attachment C, SLA -D7. The reporting, which shall exclude any information regarded as Customer Proprietary Network Information (CPNI), should detail the number of current MCS End-users per agency/entity, the progress of migration, and note any End-users that have notified the Contractor they will no longer be using its service. This report shall include details on the Contractor's communication with current MCS Customers regarding notification of this Contract and required Customer actions. This report is due to the DMS Contract Manager on a weekly basis, commencing with the completion and DMS acceptance of the Services Infrastructure Checklist and ending when all current MCS End-users are identified as either migrated or no longer receiving services from the Contractor or for non -State agencies having selected another contract vehicle.. The format, content, and level of detail must be approved by DMS. 2. Individual Customer -Specific Migration Plans. If requested by DMS, the Contractor must submit these plans in accordance with the requirements in this section to DMS and the Customer. Attachment C, SLA -D8. The Contractor will be responsible for creating ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 70 of 67 Mobile Communication Services 973 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Individual Customer -Specific Migration Plans as a Customer migrates to MCS, which shall exclude any information regarded as CPNI. Additionally, a migration plan may be required if a Customer undertakes a significant or complex change in how it operates under MCS. These plans will vary based on the proposed service and the complexity of the service migration, but must include, at a minimum: i. Schedule of activities, which is consistent with the Project Implementation Phase schedule. ii. Resource allocation. iii. Migration and preparation planning. 1. Impact analysis. 2. Stakeholder communications plan. iv. Migration management. v. Training — cross reference training section. Given the statements in subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. Project Management - Implementation Plan and Customer Specific Migration Plans Given Verizon's incumbent role we will work with DMS to assess projects related to the MCS ITN that have already been implemented, tested and functional. Based on those assessments Verizon will develop a project plan following the methodology listed below. The implementation process comprises several phases. Upon contract execution, DMS will be assigned a dedicated Implementation Manager who will serve as a project manager and assist you in the development of a customized Implementation Plan based on your specific requirements. The Implementation Plan with six (6) weeks after Contract execution. Failure to meet this objective will not result in penalties of any kind. The Implementation Manager will also coordinate with other Verizon teams so the plan is executed in a timely manner. Throughout implementation, you will be provided with status updates to keep the process running smoothly and accurately. Implementation will typically take 90 days. Complex requests or specialized elements within your corporate contract may extend the timeframe. The following are some of the more critical steps that are generally included in our current implementation process: The implementation team is assigned and meets internally to review your requirements The implementation team coordinates a formal implementation kick-off conference call to introduce members to you The Implementation Manager and/or team meets with your organization to develop a comprehensive account management program by customizing processes and procedures to meet activation, equipment fulfillment and your ongoing support requirements. This program may include an online billing, ordering, and analysis tool, among other account management functions ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 71 of 67 Mobile Communication Services 974 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work • If you will be using a self-service portal, a Web -based demonstration may be conducted • You will provide a list of all the confirmed mobile numbers eligible to participate in the new Verizon wireless corporate pricing program • Migration, including numbers to be ported from other carriers, commences • To facilitate migration of your employees who already have wireless lines with us, we will query our billing systems to identify those lines based on Federal Tax ID numbers, Dun & Bradstreet numbers, and internal coding • The Implementation Manager will create or identify coding; and an account profile for your organization will be created • Account documents will be distributed and reviewed to include processes and procedures specific to you and your account • Employee program materials are created and marketing for the employee program begins (if applicable) 3.27 Project Management - Services Infrastructure Checklist This subsection is applicable to all Contractors. The Contractor must complete the Services Infrastructure Checklist provided below in accordance with this subsection and submit the checklist to the DMS Contract Manager and DMS Product Manager. Attachment C, SLA -D9. The Contractor will be required to complete a series of readiness activities before DMS accepts services, systems, and processes as ready for production. The Project Implementation Phase will close only when all items on the Services Infrastructure Checklist are complete and accepted by DMS in writing. Upon request, the Contractor will be required to provide DMS any documentation necessary to demonstrate Contractor's compliance with the Services Infrastructure Checklist prior to DMS written approval of the Final Services Infrastructure Checklist. The Contractor shall not deliver any services to Customers until the Project Implementation Phase is closed. The Contractor may engage with Customers for planning purposes before the close of the Project Implementation Phase. All requirements on the Services Infrastructure Checklist must be fulfilled in accordance with the Contract including, but not limited to, the SOW. Additional requirements may be added to the Services Infrastructure Checklist at the discretion of DMS. DMS must approve in writing all items listed in the Services Infrastructure Checklist before the Contractor is permitted to charge for any service or device to Customers. The timeline for the Contractor's completion of the Services Infrastructure Checklist will be approved in writing by the DMS Project Manager during development of the project Implementation Plan. Any changes to the Services Infrastructure Checklist, including requirements and timeline, must be approved in writing by the DMS Project Manager, in DMS' sole discretion. ITN No.: DMS -19/20-006 Page 72 of 67 Attachment A: Statement of Work Mobile Communication Services 975 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Section Requirement Reference SOW Section 2 2.1-2.6 All required key staff positions have been filled with individuals who possess the required minimum qualifications, and the final Staffing Organizational Chart has been approved by DMS. 2.7 The Contractor has demonstrated that its Customer Support Team is staffed and trained. SOW Section 3 3.12 Security and fraud services are ready for production. 3.13 Processes related to test and demonstration accounts for WVS and WDS are final. 3.14 Emergency services programs are ready for production. 3.16 Design characteristics have been reviewed and are ready for production. 3.17 Reports and reporting options are ready for production. 3.18 SLA processes are ready for production. 2.7 and The Customer Support Team is staffed and trained. 3.19 3.20 The Contractor's portal is operational. 3.21 The Contractor has provided the link to the manufacture's website. The Contractor has provided its EUPL and Vendor's Device List. 3.26.1 (2) The Contractor has provided an acceptable Project Management Plan. 3.26.1 (7) The Contractor has provided an acceptable Disaster Recovery Plan. 3.26.3(l) The Contractor has provided the WDS and WVS Operations Guides 3.26.3(2) The Contractor has provided the WDS and WVS User Guides ITN No.: DMS -19/20-006 Page 73 of 67 Attachment A: Statement of Work Mobile Communication Services 976 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 3.26.5(1) The Contractor has provided the Implementation Plan. SOW Section 4 4 Public safety services are ready for production. SOW Section 5 5.4 The Contractor is ready to implement transactions utilizing the DMS approved method of implementation in CSAB. 5.7 The Contractor has demonstrated the ability to provide CSAB billing account and user management activities. 5.9 The Contractor has demonstrated the ability to maintain a corresponding invento 5.10 The Contractor has demonstrated the ability to invoice DMS for all fulfilled orders. 5.11 The Contractor has demonstrated the ability to provide a detailed invoice substantiation file and do so in a mutually agreed upon secured delivery method. SOW Section 6 6 The Contractor has demonstrated the MFMP catalogs are ready, and the Contractor is ready to accept orders through MFMP. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 4. Public Safety Service Plans and Devices The requirements of this Section 4 are only applicable if the Contractor is providing public safety services, as identified in the Contractor's BAFO. If applicable, must adhere to all minimum requirements of this SOW, including those of this subsection. 4.1 Deployable Technologies The Contractor must have mobile communication units that are deployable technologies. Generally, the Contractor will deploy these mobile communication units during emergency situations to the affected area. The Contractor will install these units during emergencies and may use existing satellite, microwave, or radio systems for backhaul. The Contractor must have a ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 74 of 67 Mobile Communication Services 977 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, ..DMS -19/20-006C Attachment B - Final Statement of Work robust regionalized deployable strategy, ensuring that deployable network equipment is available and fully operational, with the required backhaul and/or networking capabilities, throughout the State. The Contractor must coordinate and cooperate with DMS, and any federal, State, or local emergency management agency in providing for emergency communications services, including the Department of Emergency Management, and all other entities that are part of the ESF-2 function. These deployable technologies are generally characterized as the following: 1. Cell on Wheels: a cellular base station on a trailer with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 2. Cell on Liaht Truck: A cellular base station on a light truck platform with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 3. System on Wheels: a full base station and controller on a trailer/truck/big rig/etc. This is a fully self-contained cellular system that can provide an island system with no need for satellite/microwave link back; applicability of this type of deployable technology may be limited if there is no internet connectivity. 4. Unmanned Aerial Systems (UAS) and Robotics: Deployable UAS (e.g., drones) in the Class G uncontrolled airspace (400' above ground level), fixed, multi -rotor, and tethered UAS, some of which are capable of providing hot spot and wide -area coverage. Similar waterborne vehicles include remotely operated vehicle and unmanned underwater vehicle. 5. Other systems: Includes, but is not limited to, vehicular network systems and man - packs. Verizon's Deployable Technologies We own a fleet of portable emergency equipment that can be regionally deployed quickly to keep customers connected or restore damaged connections as soon as possible. We tactically place network - deployable equipment throughout the country, so we're ready if primary connections get shut down. We maintain Cell on Wheels (COWs), Cell on Light Trucks (COLTS) and Generator on a Trailer (GOATs') that can be deployed to improve wireless coverage at large gatherings and special events. They are also utilized to quickly improve coverage and capacity when natural disasters or other unplanned events interrupt wireless service. We also deploy Wireless Emergency Communication Centers (WECCs) into disaster zones, providing a safe place where impacted members of the community can charge their phones, make a free call, or access the Internet. We have over 530 portable assets located across the country that enable our teams to enhance or restore network coverage and capacity in emergencies, and we maintain a fleet of over 800 portable generators nationwide. There are many types of assets and innovative solutions, such as: 1GOATs are mobile electrical generators, often attached to trailers or trucl<s, deployed to provide electrical power. GOATS can be used to power network services or emergency operations in the aftermath of disasters (e.g., tornados or hurricanes) that compromise the existing infrastructure. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 75 of 67 Mobile Communication Services 978 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work • Repeater -on -a -Trailer (RAT) • Tower -on -Wheels (TOW) • HVAC on Roadside Equipment (HORSE) • Repeater on a Trailer (RAT) • Pico cell on a Trailer (SPOT) • High altitude wireless kennewhat aka tethered drone (HAWK) • Cell Repeater on Wheels (CROW) We also continue to design and deploy innovative portable solutions that provide our personnel, first responders, and our customers with options that extend wireless coverage into areas of need. Many of these solutions leverage technologies ranging from lightweight suitcase -sized cell sites, to trailer -based solutions, and drone assets. The Verizon Response Team (VRT) is a nationwide program sponsored and managed by the National Government Sales & Operations team. When a natural disaster, crisis, or planned event occurs VRT responds to government and non-profit organizations and emergency management agencies that need our assistance. VRT provides the following support in the event of a crisis: • Deployment of COW/COLT/crisis response vehicle • Back-up phone coverage • Equipment/Network support • Assistance with search and rescue initiatives • A live support line to request help 24/7 • Best -in -class customer support • Routing of requests to the Verizon Security Assistance Team • One phone number (800-981-9558) to call in a crisis situation. This process links together management of crisis situations in one location for the entire Verizon wireless community. VRT aligns network, operations, legal and sales — allowing us to react quickly to a crisis situation. The benefits to our customers and to emergency management agencies are tremendous. On the VRT Team, Verizon has assigned a dedicated Crisis Response Manager to the State of Florida. The State's Crisis Response Manager is listed as part of Verizon's escalation path for public safety network events and works with the State's account team to coordinate support, drills, and ongoing customer training as needed. As part of our robust regional deployable strategy, Verizon performs Emergency Operations Center ("EOC") drills each year prior to hurricane season with refreshers as needed. We have staff at key Verizon EOC locations within the state who regularly maintain, fuel, and test Verizon's deployable assets to ensure that Verizon is ready to provide emergency support within the State of Florida at a moment's notice. Verizon stands ready to help keep DMS and public safety agencies connected even in remote areas where voice and data network infrastructure is unavailable, or in disaster scenarios where networks could fail. Verizon will continue to coordinate and cooperate with DMS, and any federal, State, or local emergency management agency in providing for emergency communications services, including the Department of Emergency Management, and all other entities that are part of the ESF-2 function. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 76 of 67 Mobile Communication Services 979 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 4.2 Local Control The Contractor should provide priority and preemption to public safety entities during times of emergency. The priority and preemption will be determined and invoked by the public safety entities through a local control portal. The local control portal shall allow the Customer to enact and deactivate priority and preemption, which shall be controlled by authorized Customers. The Contractor's public safety service plans and devices must not be throttled during an emergency. Verizon's Approach to Local Control For Verizon's qualified public safety users subscribing to Verizon's Public Safety Price Plans, priority and preemption is always on. Verizon provides priority and preemption to public safety entities during times of emergency as described below: Responder Private Core Responder Private Core is a dedicated network core that Verizon uses to enable certain other products such as Mission Critical Push to Talk and Private Network Traffic Management for traffic segmentation capabilities to support improved security, enhanced service management and control. It is connected to Verizon's Radio Access Network (RAN), which utilizes spectrum in various bands including 700 MHz, 800 MHz Cellular, 1.9 GHz PCS and 1.7/2.1 GHz Advanced Wireless Services (AWS) bands. Responder Private Core separates data traffic of public safety mobile users from commercial users across Verizon's 4G LTE network; however, it is not available on Verizon's 5G Nationwide and 5G Ultra Wideband networks. Public safety users will have their data immediately recognized as public safety with enhanced reliability through the network. Responder Private Core leverages leading edge networking technology to provide security, flexibility and reliability. Mobile Broadband Priority Mobile Broadband Priority provides public safety users priority service for data and voice transmissions. During times of heavy commercial network congestion, Mobile Broadband Priority users will receive priority over commercial users. Mobile Broadband Priority enables priority service for public safety officials using applications on smartphones or tablets, transmitting data from first responder vehicles or video from surveillance cameras. Mobile Broadband Priority is available at no additional charge to qualified public safety customers on the 4G LTE Network only. Mobile Broadband Priority access to the 5G Network is not currently available. Preemption Preemption provides prioritized access to network resources during times of network congestion. Verizon automatically reallocates network resources from commercial data/Internet users to first responders in the unlikely event network resources become congested. As part of the network access and registration process, first responders and public safety personnel are identified and given preemption designation. This helps to determine which users will receive allocated resources with preemption. Preemption is offered at no additional charge for qualified public safety customers on the 4G LTE Network only. Preemption is currently not available to the 5G Network. Customers can use Traffic Management , a feature of Private Network service that transports a multitude of data applications, including Voice over IP (VoIP), video and best effort applications. When there is contention for network resources, mission critical applications (i.e., VoIP) are competing with best effort applications (i.e., email) for network resources, so customers' mission ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 77 of 67 Mobile Communication Services 980 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work critical applications may experience performance degradation (e.g., difficulty accessing Verizon's LTE network resources, variable download/upload speeds, etc.). Traffic Management is a Private Network feature, available only for Verizon's 4G LTE devices, that provides customers a premium and differentiated network experience. Private Network Traffic Management enables application differentiation and QoS over the LTE Private Network using standards-based IP packet marking. Benefits include: • Allows customers to prioritize business critical applications over best effort • applications during congested / non -congested environments. • Delivers more predictable application performance for subscribers using business • critical applications during network congestion. • Extends Wireline QoS policies over the LTE Private Network. • Delivers end to end QoS when combined with Verizon's Private IP network solution. • Provides access priority during network heavy utilization for eligible Public Safety accounts. Private Network Traffic Management can be added to a LTE Private Network device for a monthly charge and is available on configurations using Verizon Private IP; Dedicated Physical Connection; and Zero Tunnel connectivity. Private Network Traffic Management offers both Enhanced and Premium subscription options. Enhanced: Allows mapping of critical applications up to a maximum of 2.0 Mbps Mission Critical Class of Service (CoS), with the remaining best effort applications mapped into the Best Effort CoS utilizing the remaining available LTE bandwidth. Mission Critical traffic may not exceed 2 Mbps. Premium: Allows mapping of critical applications up to a maximum of 12 Mbps Mission Critical CoS, with the remaining best effort applications mapped into the Best Effort CoS utilizing the remaining available LTE bandwidth. Mission Critical traffic may not exceed 12 Mbps. Verizon's public safety plans are not throttled during an emergency. Verizon welcomes a deeper discussion to understand how this technology may meet your public safety data needs. 4.3 Local control portal In addition to the requirements of subsection 3.20 Contractor's MCS Portal, the Contractor should provide a public safety portal (dashboard). The information held in this dashboard, or within the Contractor's MCS Portal, shall include, but is not limited to, the status of the Statewide network and alerts on outages. All features and functionality shall be available to DMS in real-time at all times. The number of DMS dashboard users shall be determined by DMS, and each user shall have a unique log -in and password. Non -mission critical public safety service plans shall provide the status of the Statewide network and alerts on outages through an alternative means. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 78 of 67 Mobile Communication Services 981 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Local Network Command and Network Reporting Verizon's Local Network Command allows designated public safety entities/Incident Commanders, to view the network operational status in an incident area and respond in real-time, dynamically administering user groups and temporarily managing data traffic Quality of Service (QoS) on qualified Public Sector responder devices. DMS would use its My Business online resource as a dashboard for all of their Verizon services and products - including public safety services and products. All Customers can enroll their authorized contacts in Verizon's Network Event Notification ("NEN") Program . Verizon's NEN Program is a courtesy service that provides notice to Customers about planned and unplanned network maintenance, including ongoing updates and issue resolution for affected services. Network event notifications are issued via email and the same information is maintained online through a self -serve NEN portal for up to four weeks. Customers may choose to receive notices on unplanned and/or planned events. Events That May Trigger Notification and Notification Process Network event notifications will issue to your organization's identified contacts, providing information about planned and unplanned maintenance events that may impact your service with us. A planned network event is sent to your identified contact up to two weeks before any planned network maintenance. An unplanned network event is sent when we receive confirmation there has been an unplanned disruption of service on the network. Events that may trigger automatic notification include a service condition that is significantly below our normal service operational thresholds. Because the service outage notification is sent when our systems identify a possible outage, your identified contact may receive the notification regardless of whether or not your end users are affected. There are four types of unplanned network event notifications: • Initial: Sent when the disruption is confirmed • Update: Sent every half hour until the service is restored • Restored: Sent when the issue is resolved and service is restored • Informational: Sent when it has been determined that a brief service disruption occurred on the network, but was resolved before an alert was issued If you receive a notification, there is no need to take any action. Our network engineers will be working to resolve the issue and you will receive an update when it is resolved. Both planned and unplanned event notifications will include the following information: • Start Date • Start Time • Severity Level [(High or Low for Planned), (High for Unplanned)] • Affected Service (e.g., 4G LTE, Enterprise Messaging) • Affected Location: ( e.g., Tampa, Florida) • Affected Counties: (e.g., Broward, Miami -Dade, Palm Beach, Brevard, Polk, Pinellas, • Osceola, Hillsborough) • Tracking Number: (e.g., 123456) ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 79 of 67 Mobile Communication Services 982 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Self -Service Portal The self-service NEN portal includes the same network event information as is contained in the notification emails. The information is presented in user-friendly views with data maintained for up to four weeks. You can access the NEN portal directly through Verizon's My Business online resource or via a direct website link that can be provided upon enrollment. Enrollment by Services Event enrollment is available for covered services, which are continually being updated. Notifications issue when the selected service is operating below normal thresholds. NEN services may include 4G LTE, 5G Services (Network), Amazon Web Services (AWS) — Multi -Edge Compute, Call Processing, Enterprise Messaging, HD Voice, Internet of Things (IoT), Push To Talk Plus, Verizon Wireless Private Network and others. To avoid being overwhelmed with unnecessary notifications, Customers should only sign up for notifications that are relevant to the solutions the Customer has deployed. The Network Notification Program is offered as a courtesy only. In no event shall the failure to provide outage notifications subject Verizon to penalties or damages of any kind. Verizon reserves the right to modify or discontinue outage notifications at any time. 4.4 Public Safety Standards Mission Critical public safety service plans and devices shall be in compliance with the relevant 3rd Generation Partnership Project Technical Specifications and the National Public Safety Telecommunications Council (NPSTC) standards for a mission critical service. The Contractor's public safety service plans and devices must perform to the most recent version of the standards described in TL -9000 Quality Management, ISO 9001, ATIS-100009 Overview of Standards in Support of Emergency Telecommunications Service, ITU -T Y.1271 framework on network requirements and capabilities to support emergency telecommunications over evolving circuit -switched and packet -switched networks. Should the Contractor offer plans marketed towards the public safety community that are not in compliance with the relevant 3rd Generation Partnership Project Technical Specification or do not meet the necessary criteria to be deemed "Mission Critical," as defined by the National Public Safety Telecommunications Council (NPSTC), the Contractor's EUPL must clearly state, at the beginning of the plan description, "THIS PUBLIC SAFETY PLAN DOES NOT PROVIDE A MISSION CRITICAL SERVICE STANDARD." Failure to include this statement where applicable will result in the EUPL not being accepted by DMS. Verizon Response Clarification. The basis of Verizon's Responder Private Core is Verizon's Long Term Evolution (LTE) wireless network. LTE is a technology based on 3GPP standards. It supports advanced application usage and high-speed data services. ITN No.: DMS -19/20-006 Page 80 of 67 Attachment A: Statement of Work Mobile Communication Services 983 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Established cellular industry and performance standards serve as the foundation for our engineering, design, operation and quality assurance programs. Verizon has created enterprise -wide policies that conform to the International Organization for Standardization (ISO) 27002.2005 and National Institute of Standards and Technology (NIST) standards for the protection of customer and employee information. These policies cover security issues, such as account management, password standards, server configuration and a wide range of security topics. Many of the equipment manufacturers that we utilize are certified through ISO. 4.5 Demonstration Devices DMS Demonstration Devices. Upon DMS request, in addition to any other test devices required by this SOW, the Contractor shall provide up to ten (10) wireless demonstration public safety devices (including airtime) for use by the Department for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a minimum period of thirty (30) Business Days. Any demonstration agreements, equipment, forms, and processes shall be provided, managed, and maintained by the Contractor, subject to the approval of DMS. Customer Demonstration Devices. The number of demonstration public safety devices the Contractor elects to provide to Customers is at the discretion of the Contractor. The Contractor will coordinate directly with any other Customer regarding public safety service demonstration equipment, notifying the Department in advance of these activities. Demo Devices Currently, Verizon offers a program that enables new and existing customers to demo/trial various devices and services at no charge to the customer. The customer may trial up to three devices at a time. Verizon will make demonstration equipment available to DMS for sixty (60) business days; and will make demonstration equipment available to Customers purchasing from the resulting agreement for thirty (30) days. With approval from our 13213 Demo Support Team, time -periods may be extended and the number of devices available for demo may be increased. The 13213 Demo Support Team may also approve trialing devices and services outside of the U.S. 4.6 Public Safety Customer Support The Contractor must provide a dedicated help desk number for support of its public safety service plans and devices. The Contractor must develop and abide by an escalation procedure specific to public safety real- time network issues and public safety End-user issues. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's public safety escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved user issues or real-time network issues that have been outstanding for more than ten (10) Business Days. ITN No.: DMS -19/20-006 Page 81 of 67 Attachment A: Statement of Work Mobile Communication Services 984 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work The Contractor should limit access to the public safety plans to only Customers that are Public Service Entities or as recognized by the First Responder Network Authority. The Contractor should limit access to the Mission Critical public safety plans to only Customers that are Public Safety Entities. At a minimum, Public Safety Entities should include the following Customers, as categorized by the North American Industrial Classification System (NAICS) codes: • 621910 Ambulance Service • 922110 Courts • 922120 Police Protection • 922130 Legal Counsel and Prosecution • 922140 Correctional Institutions • 922150 Parole Offices and Probation Offices • 922160 Fire Protection (except private) • 922190 Other Justice, Public Order and Safety Activities • 928110 National Security • 921190 Other General Government Support • 921110 Executive Offices • 921150 American Indian/Alaska Native Tribal Governments • 922190 Other Justice, Public Order and Safety Activities Should the Contractor offer non -mission critical public safety service plans, the Contractor's EUPL must clearly state the eligible NAICS codes in the plan descriptions. Verizon's Public Safety Customer Support Residing within Verizon's Business and Government Customer Operations (BGCO) Technical Solution Center is a group of technical experts who provide Wireless Enterprise Help Desk (WEND) support to Verizon's public safety customers. This U.S.-based helpdesk -to -help desk support team is available 24/7/365. Customers will be provided with the WEHD support contact number if you subscribe to one of the advanced product types it supports, such as Public Safety Plans, Private Network, Enterprise Messaging, or an Internet of Things (IoT) solution [Intelligent Video, Asset Management, etc.]. Upon contact, one of our technical experts will conduct troubleshooting and recommend specific actions to help you achieve issue resolution. If the issue is related to Verizon's wireless network, then the BGCO will escalate and engage the appropriate network support teams. Please note: The WEHD service should only be used for troubleshooting of government liable devices related to the advanced product or solutions that are supported by this group of technical experts. Issues with devices on employees' personal accounts or non WEHD-supported issues should be handled by calling our regular customer service number, 800-922-0204, and selecting the appropriate support option in the IVR. Public Safety Escalation Procedure Your first point of contact for trouble with your public safety services is our WEHD located within Verizon's Business and Government Customer Operations (BGCO) organization. Members of our WEHD teams can conduct device and network troubleshooting. Concerns related to quality of service, such as the ITN No.: DMS -19/20-006 Page 82 of 67 Attachment A: Statement of Work Mobile Communication Services 985 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work inability to make or receive calls, will be assigned the highest priority and receive prompt attention. A staff supervisor is available during the BGCO team's hours of operation. In the event BGCO representatives cannot resolve a situation and escalation becomes necessary, the following account team members may be contacted. A highly sensitive situation that requires further escalation may require director level involvement. In those rare situations, we suggest you request a call back from the individuals below in the order in which they are listed. Complex situations may require research and may take longer to resolve. In these situations, we will research, resolve the issue and report back to the employee or authorized contact when the issue is resolved. Verizon limits access to Public Safety Plans to customers who have a qualifying North American Industry Classification System ("NAICS) code; eligible public safety NAICS codes are described in further detail under Question 9, Eligible Users. 4.7 Public Safety Reporting The Contractor shall timely provide a monthly Public Safety Service Plans and Devices Report to the Department's Contract Manager. Attachment C, SLA -E1. The report shall contain public 2 Customers may contact the State's Verizon Crisis Response Manager to immediately escalate network issues during emergencysituations. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 83 of 67 Mobile Communication Services 986 MIN I Client Partner - Tom Madden 850-294-5171 Government tom.madden@verizonwireless.com Verizon Crisis 800-981-9558 (VRT Hotline) Response Manager - Jos Bowmaster 603-953-5023 (m) Florida 2 joseph.bowmaster@verizon.com If the escalated situation is not effectively resolved or the process of resolution is not effectively initiated within 24 hours of the request, we suggest contacting the staff management level. Managing Partner - 786-360 -9408 Government Sales Beth Bailey beth.bailey@verizonwireless.com South Florida Managing Partner - 904-718-9797 Government Sales Colin Denney Colin.denney@verizonwireless.com North/Central Florida A highly sensitive situation that requires further escalation may require director level involvement. In those rare situations, we suggest you request a call back from the individuals below in the order in which they are listed. Complex situations may require research and may take longer to resolve. In these situations, we will research, resolve the issue and report back to the employee or authorized contact when the issue is resolved. Verizon limits access to Public Safety Plans to customers who have a qualifying North American Industry Classification System ("NAICS) code; eligible public safety NAICS codes are described in further detail under Question 9, Eligible Users. 4.7 Public Safety Reporting The Contractor shall timely provide a monthly Public Safety Service Plans and Devices Report to the Department's Contract Manager. Attachment C, SLA -E1. The report shall contain public 2 Customers may contact the State's Verizon Crisis Response Manager to immediately escalate network issues during emergencysituations. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 83 of 67 Mobile Communication Services 986 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work safety Customer agency, End-user usage, End-user devices, rate plans, and any other related information DMS requires. This report shall not include any information that is considered CPNI. The format, content, and level of detail must be approved by DMS. Verizon's Public Safety Reporting Acknowledged. 4.8 Public Safety Marketing In addition to any other Customer webpages required by this SOW, the Contractor shall provide specific information on its MCS portal related to its public safety service plans and devices. This should include, at a minimum, information on ordering, devices, apps, service offerings, and accessories. The Contractor shall provide the Department with a copy of all materials used by Contractor, and its subcontractors, to promote or advertise public safety specific service plans and devices to Florida's public safety user community. The Contractor will submit this information to the DMS Project Manager once per quarter, or as requested by DMS. Mission critical Push -to -Talk (PTT) devices and services shall not be advertised or marketed to State public safety entities as "mission critical," as defined by the National Public Safety Telecommunications Council (NPSTC), until demonstrated to the Department that the Contractor's PTT is in compliance with NPSTC's requirements, and approved in writing by, the Department. Given the statements in subsection: Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed in SOW, section 4, Public Safety Service Plans and Devices. promotion of i public safetyofferings, `plans,devices. ■ i4 4`11111171111 �' . i ♦ iii `i 4 M Describe the Respondent's proposed deployable technologies and how they will be utilized during an emergency or when requested by a public safety entity. Verizon Response See above response to Question 1 above which describes Verizon's Deployable Technologies. ITN No.: DMS -19/20-006 Page 84 of 67 Attachment A: Statement of Work Mobile Communication Services 987 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Since the beginning, Verizon has worked closely with first responders, our customers, and our communities to provide support and wireless solutions when they are needed most — during an emergency/extreme weather conditions. With threats of hurricanes, tornadoes, wildfires and other natural disasters always a possibility, customers rely on us to keep them connected and productive, especially when the unexpected happens. We provide support in a variety of ways, often lending wireless voice and data devices to first responders and emergency personnel. We built a Public Safety Private Core to support public safety, especially during times of high data traffic. In addition, when disaster strikes, we coordinate with first responders and can mobilize charging stations, special equipment, emergency vehicles and more to support local, state and federal agencies across the U.S. Being crisis -ready is paramount to Verizon, and we are committed to supporting those who need us most when they need us most. During an emergency, first responders rely on wireless service more than ever to coordinate efforts in the face of fires, floods, snow and wind storms, earthquakes, tornados, or hurricanes. We've assisted first responders and citizens during some of our nation's most destructive disasters. We loaned more than 6,000 devices during 9/11, more than 3,000 during Hurricane Katrina and more than 2,500 during Hurricane Sandy. During 2018, we supported disasters including Hurricanes Gordon, Florence, and Michael; Mendocino and Camp wildfires in California, a gas pipe explosion in Massachusetts, volcano eruption in Hawaii, earthquake in Alaska, and winter storm Diego across the Southeast, among others. In total, we supported 75 disasters in 2018, helping more than 120 different public safety agencies and non-profit organizations. Last year we lent more than 2,300 phones and tablets and more than 2,700 data devices (Jetpacks, routers, network extenders) to keep first responders connected and communities safe. Below are recent examples of how deployables have been utilized during an emergency or when requested by a public safety entity in the State of Florida: • During SBLIV in Miami, FL the Verizon Response Team provided the FDLE with a cradlepoint router to assist their JOC in their Super Bowl operations. • During SBLIV in Miami, FL the Verizon Response Team provided the state governors of Missouri and California Security Teams with their communication operations during game day operations. • In response to the COVID-19 national pandemic, Verizon partnered with the Florida Department of Veterans Affairs to provide smartphones, tablets, and eFEMTOs to each of the veterans' homes so that they could communicate virtually and safely with their families. • In response to the COVID-19 national pandemic, Verizon partnered with Brooks Rehab and provided their COVID treatment facility with Push -to -Talk basic phones to communicate with inside of their facility. • In cooperation with the Salvation Army, Camp Keystone in Keystone Heights was identified as the primary backup location for the state of Florida Emergency Operations Center and the Verizon Response Team installed network coverage throughout the primary usage areas of the camp to ensure that in the event of a disaster, communications could be established and maintained both inside and outside the camp. • During SBLV in Tampa, FL the Verizon Response Team provided the Tampa Fire Department with Push to Talk smartphones that the Tampa Fire Marshals utilized for their communication needs. • During Hurricane Sally, the Verizon Response Team drove through the encroaching outer bands ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 85 of 67 Mobile Communication Services 988 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work • of the storm to the Escambia County Emergency Operations Center to install an eFEMTO device • inside the building to improve 4G network coverage inside the building at the request of the • Emergency Management staff, leaving just before nightfall. • After Hurricane Sally made Landfall, the Verizon Response Team provided charging stations and • battery packs for the community and public safety, as well as free wifi and EOC ESF2 support to counties impacted by the storm throughout the Florida panhandle. Verizon's mobile assets and deployables can generally be deployed within the following time frames, failure to meet these time frames shall not result in any penalty of any kind to Verizon: • Satellite Connection - within 8-16 hours • Asset without available on-site fiber interconnect - within 24-48 hours • Asset with available on-site fiber interconnect - within 8-16 hours • SPOT - within 4-8 hours • Verizon Florida Statewide Assets - within 72 hours • Southeastern Regional Assets - within 96 hours • National Assets - within 120 hours Describe how service plans and devices are not throttled during an emergency. Verizon Response Customers on "custom public safety rate plans" are not subject to data speed reductions ("throttling") within a given billing cycle. Data usage for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. This service plan includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. Lines of service that are conditioned with specific Public Safety features are provisioned with QoS Network Enhancements. These Network Enhancement attributes affect the treatment of data for first responders and public safety customers by providing higher data priority and packet treatment, resulting in better throughput speeds at times of congestion. Describe the Respondent's planned network hardening approach, including issues caused by power, hardware failures, topography, weather, and man-made incidents. Verizon Response The Verizon Business Continuity and Disaster Recovery program is just one part of our overall philosophy to provide high quality services for our customers. Our nationwide wireless network is at the core of our business, and we have invested more than $159 billion since the company was formed — averaging over $7.95 billion every year — to increase coverage and capacity and to add new services. Our Business Continuity and Disaster Recovery (BC/DR) program team is responsible for minimizing the impact of a disruption to our customers, employees, infrastructure and business operations. We accomplish this objective by focusing on the following activities: critical functions, infrastructure and ris ITN No.: DMS -19/20-006 Page 86 of 67 Attachment A: Statement of Work Mobile Communication Services 989 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work • Implement strategies to minimize the risk of a disruption; • Develop Business Continuity and Disaster Recovery plans and Crisis Management Teams to • recover operations in the event of a disruption; • Maintain BC/DR plans, with updates completed at least annually; • Test our plans, at least annually, to validate our response capabilities. We continue to refine our response and recovery capabilities due to the increasing variety of services we provide and the ever-changing level of potential threats to these services. The cross -functional Crisis Management Teams in place across our national footprint enhance coordination and response activities during crisis events. These teams provide a command -and -control structure that allows management to gather and report information about crisis events, for the teams to escalate decision-making as needed and to facilitate resource allocation. BC/DR activities are visible across all major aspects of our company. We have developed numerous plans to recover critical functions. Business functions have implemented strategies and procedures that not only support routine operations, but also help the function continue to operate in the event of a disaster. Robust operational strategies are at the core of our ability to provide reliable and resilient services. Our pro -active planning activities center on three of our major departments: Network Operations Information Technology Customer Service Network Operations — Our wireless network is resilient by design The Verizon Wireless network operations philosophy is driven by the desire to provide our customers with an extremely high level of service. Verizon Wireless strives to deliver superior service based on our design philosophy, which includes redundancy on critical paths and components so that a potential failure of a network component does not significantly affect our customers. Our wireless services are provided through a large and sophisticated national network of 148 Mobile Switching Centers (MSCs) and Data Centers throughout our service areas. We will continue to invest in our network to support our customers. The wireless voice and data switching networks are designed to provide continuous service to the customer. The communications between our internal switches and external networks such as the Public Switched Telephone Network (PSTN) and the Internet are also designed to reduce the possibility of interrupted communications. The use of battery and generator backup systems in critical locations also serves to minimize the risk of a disruption, if commercial power is lost. Our design concept extends from our equipment and technology capabilities to our business procedures. These procedures include frequent and thorough preventive maintenance, real-time monitoring of all key system components, the 24/7/365 availability of trained maintenance personnel to repair or resolve critical failures should they arise, and wide deployment of these personnel and spare parts to permit rapid response and restoration of service. Our most critical recovery assets are the thousands of highly -trained and experienced network technicians who have repeatedly proven their ability to respond, troubleshoot problems, and restore service to our customers during emergency situations. Monitoring, maintenance and restoration of wireless services ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 87 of 67 Mobile Communication Services 990 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Service protection and restoration strategies are an integral part of Verizon Wireless network management and operations. We have two Wireless Network Management Centers (wNMCs), one located in New Jersey and another in Texas, that monitor all facilities, cell sites and switches across our nationwide network. These wNMCs are staffed 24/7/365 with experienced personnel who work closely with our regional field operations teams and with our vendors to coordinate and expedite the restoration of service in the event of outages. Each wNMC receives alarms or other indicators that help troubleshoot problems in the network, and that provide technicians with key information to analyze and maintain network integrity. wNMC technicians work with the field operation managers, and personnel are dispatched to the affected site as needed. An inventory of standard spare parts and repair equipment is available to technicians in all of our central network locations. We also have standing agreements with our critical vendors to get 24/7 support from their engineering personnel and obtain replacement equipment if required. Strategy for continued service to Mobile Switching Centers MSCs are an important part of our national wireless network, and we continue to add them to our network as we grow. We have 148 MSCs strategically distributed across the country to meet the needs of our customers. Our teams monitor the loading of the switching and data systems to maintain an optimum capacity and service level. One goal of this is to reduce the impact of a disaster to any one MSC. Available capacity in neighboring MSCs could be utilized in the event of a serious disaster. In addition to redundancy in the equipment and circuitry, each MSC is protected by automatic power backup systems, by automatic fire detection and suppression systems, and by physical security systems and alarms. MSC buildings have restricted access to prevent entry by unauthorized personnel. The building structure itself is designed to provide protection for the systems and services located inside. In each MSC, network operations personnel routinely backup system data for the switch itself and the peripheral systems. Automated backup routines are supplemented with scheduled manual backup routines and off-site storage of critical data. A disaster recovery plan has been developed for each MSC, which addresses the recovery of the systems, services and personnel. These plans are updated at least annually. Exercises are conducted at least annually to confirm that these plans can be implemented as expected and to continually increase the readiness of the network teams to respond to an actual disaster. These exercises focus on disasters that may impact us or our customers. Strategy for continued service to cell sites We have thousands of cell sites across our nationwide network to provide the desired level of customer service, both in terms of capacity and quality of service. Despite the large number of sites, the loss of a single cell site is still a serious situation. We take extra precautions to protect and keep cell sites operational. Cell site operations are protected in many ways, including redundancy in the equipment, automatic power backup systems, automatic fire detection systems, and by physical security systems and alarms. Through arrangements with our vendors, any major components of a cell site, up to and including the building and tower, becomes an immediate priority restoration effort on the part of both Verizon Wireless and our vendors. ITN No.: DMS -19/20-006 Page 88 of 67 Attachment A: Statement of Work Mobile Communication Services 991 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Cell site equipment has sophisticated diagnostics that can instantly determine if a problem occurs at the site. These diagnostic alarms are transmitted to the MSC, which is monitored by regional field operations teams, and the wNMC. Cell sites are outfitted with backup batteries, and in most cases backup generators in case of commercial power loss. We maintain and utilize portable cell sites referred to as Cells -on -Wheels (COWs) and Cell -on -Light - Trucks (COLTs), which are fully functional generator -powered cell sites that can replace or enhance network coverage and capacity in a given area. They can accommodate both voice and data services, and can be used for emergency situations. For example, they can be used to enhance communications between firefighters when they are fighting a fire in a remote wilderness area. These portable cell sites are strategically located throughout our network coverage areas and may be deployed to an area that is affected by a weather-related or other disaster. Backup power strategy for the wireless network Verizon Wireless purchases power from electric companies for the day-to-day power requirements of our network infrastructure. If commercial power is lost, we have implemented backup power systems for all of the critical equipment and infrastructure in our wireless network. This is accomplished by installing large banks of backup batteries in our MSCs and Data Centers, and these are supported by permanent backup generators. We have arrangements with our fuel suppliers to refill our fuel tanks as needed, allowing our systems to operate until commercial power is restored. The cell sites are also equipped with batteries, and most sites also have permanent generators which turn -on automatically if commercial power is lost. The company also owns a large supply of portable generators that can be deployed to provide emergency power during extended power outages to those cell sites without permanent generators. Our MSC, Data Center, and cell site generators are tested regularly to ensure that they are functioning properly. Both the batteries and generators are regularly put through rigorous load tests to ensure that they can support the needs of the network in the event of a commercial power disruption. Circuit diversity strategy for the wireless network Our wireless network comprises numerous components that are connected using a mixture of fiber optic and high bandwidth telecommunication circuits. We support many of our critical network locations with diverse circuits, network technologies, and alternate local telecom carriers. The impact of a severed fiber optic cable or a faulty data circuit is minimized by this diversity in our telecommunications connectivity. Information Technology — Disaster Recovery Planning The Information Technology (IT) team for Verizon Wireless manages the technology that supports internal business functions. For example this technology helps internal users respond to customer needs, streamline internal and external communications, and automate many of our high volume activities. Many of these technologies are integral to our daily operations. Our IT Disaster Recovery team focuses its efforts on mission critical applications and systems, many of which support customer transactions. System engineers for these applications and their supporting technologies emphasize redundancy, geographic diversity, and heightened security to safeguard these systems from an unexpected interruption or disaster. Data Center Strategy Mission critical applications are maintained in a secure data center environment. Our major data centers are protected by automatic fire detection and suppression systems, and by physical security systems and alarms. The data centers have strictly limited access to prevent entry by unauthorized ITN No.: DMS -19/20-006 Page 89 of 67 Attachment A: Statement of Work Mobile Communication Services 992 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work personnel. Only a small number of authorized employees are permitted to access these data centers, and the buildings are monitored by security guards and camera systems to provide a high level of protection to the systems and services located there. All data centers are backed up by both battery and permanent generator systems which are designed to support the data center for extended timeframes in the event commercial power is disrupted. These systems are tested regularly to ensure that they will provide power when needed. Data Backup Strategy In each of the Data Centers that house mission critical applications, a significant amount of resources are put into our data back-up and restoration capabilities. Ensuring the availability and security of critical historic data is part of daily operations, and our back-up procedures include internal and off-site rotation of electronic files. Recovery Plans and Tests The IT Disaster Recovery team develops tests and maintains disaster recovery plans for mission critical applications in the data centers. Exercises are scheduled at least annually to confirm that the applications can be restored properly, that all interfaces are accessible, and timeframes are met. Surprise simulation drills are also conducted to enhance the preparedness of the recovery teams. Customer Service — Answering the call for operational resilience Providing industry leading customer service is an important way for us to understand our customer's expectations, assist with questions, and ensure satisfaction with the services we provide. We continue to invest in our ability to provide excellent customer service, whether the customer contacts us during routine operations or in the midst of a hurricane. Our customer service operations are designed to be resilient. The contact centers are equipped to adapt to changes in customer call volumes, call types, or other circumstances so that they meet service quality targets. Customers are also provided with many different ways to interact with us. For example, customers can gather information about their accounts using our website and other self- service tools if these are most convenient for them. Call routing between multiple locations Our customer service team operates multiple contact centers located across the United States. Our teams can redirect calls between these locations to provide the best service possible and to optimize the skills of our personnel. This operational strategy is a valuable asset during times of crisis, since it helps minimize the customer impact from a disaster that may affect one location. For example, if one contact center needs to close due to a threatening major storm in the area, that center can redirect its calls to an alternate center in an unaffected part of the country. Our national operations infrastructure is a benefit for our customers since it limits the likelihood that any one event will cause a significant impact to our customer service operations. Contact center infrastructure We pay particular attention to the design of our contact centers, not only to make them a safe and enjoyable workplace for our employees, but also to minimize the risk of a disruption. These efforts include special security access to the building, including security guards, camera systems, and lighting systems. The communications equipment is maintained in a secure and environmentally controlled computer room, which is supported by both backup batteries and generator power. Recovery Plans and Tests Our customer care teams work closely to monitor service levels, and the need to redirect calls to an alternate contact center. We have documented many of these routing patterns in our recovery plans to ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 90 of 67 Mobile Communication Services 993 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work streamline our ability to activate the technology in the event of an interruption, and to send calls to the teams that are best equipped to help the customer. Describe the corporate commitment to providing DMS the necessary Customer Support Team staffing (resources) for escalations to address real-time public safety network problems and public safety Customer and End-user issues. Verizon Response Protecting the public and our nation takes deep commitment, endless preparation and tireless service. First responders need a network provider that understands the challenges they face and works as tirelessly as they do to help solve problems and create safer communities. Verizon has been supporting first responders for over 28 years. We're committed to helping public safety organizations execute their missions safely. As described above, our support teams are committed to helping keep your agency ready for whatever problems stand in your way, offering: 24/7 customer support • Local account teams provide dedicated account and technical support built on long-standing customer relationships • Special support teams are deployed specifically to serve the needs of large public safety agencies Support before disaster strikes • Preparation is the cornerstone of our commitment to first responders • We never stop preparing our network and support teams to help your agency whenever you • need us Support after disaster strikes • Our dedicated Verizon Response Team (VRT) helps keep first responders ready to protect their communities during disasters • Our business continuity teams help restore the network to your community after a disaster • In 2019, the VRT had 405 emergency deployments and loaned 5,318 devices to enable business continuity and disaster recovery • In 2020, our VRT had over 2000 engagements, over 1200 deployments and we loaned over 5400 devices.; As of February 9, 2021, the VRT has had 83 deployments and loaned 607 devices to enable business continuity and disaster recovery. Describe the corporate commitment to providing DMS the information it requires for notifications on significant public safety performance impacts. Verizon Response Responding to emergencies, disasters and incidents requires your best coordination and communication. The last thing you should be worrying about is your choice of network. You need to focus on your mission, not your connectivity. You need to know that your network will be reliable, today and tomorrow. As described above, Verizon's Network Event Notification Program provides DMC with timely notification of events that may impact public safety performance. Describe the use of an escalation procedure related to real-time public safety network problems and public safety Customer and End-user issues. ITN No.: DMS -19/20-006 Page 91 of 67 Attachment A: Statement of Work Mobile Communication Services 994 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Verizon Response As described above public safety Customers and End-users can contact Verizon's dedicated help -desk for troubleshooting real-time public safety network problems and other issues. Verizon is committed to ensuring Customers and End-users have a clear path of escalation and have provided points of contact who can review and escalate public safety issues. Describe the Respondent's dedicated customer service, including helpdesk support and ongoing LTE training offered to public safety entities for the integration of LTE into State public safety communications. Verizon Response Verizon's dedicated customer service, including escalation path, and helpdesk support. Your Verizon account team can create a training program with your assistance and guidance. This training program could include on-site training at locations across the country, online training is also available by device/application on Verizon's website, and webinars as needed to ensure your employees are comfortable with their new devices and services. On mutually agreed upon days and times, a Verizon account team member can be assigned to your organization's location for additional support and training of your Corporate Subscribers at no additional charge. If equipment is delivered by a Verizon representative, the account team member can review the basic features of the device, as well as any service features you may be receiving. Alternatively, if equipment is shipped to your organization, your employees always have the ability to contact their account team member in order to receive additional information on any features or services. Your employees can learn about device hardware, software applications, email setup and Smartphone maintenance on their own schedule through our Online Learning Center sessions. There are recorded and/or live sessions available presented via Adobe Connect software In addition to an ongoing training program, Verizon's Account Team will keep DMS abreast of developments made possible through technological advancements as they become commercially available for the integration of LTE into State public safety communications. Submit a defined list of eligible users that are public service entities, and describe how the Respondent will restrict access to their public safety service plans. Verizon Response Verizon identifies eligible public safety users by their NAICS Code. Eligible Public Safety NAICS Codes are listed below. Only entities that fall under these classification codes will be allowed to activate devices on a Verizon public safety plan or service. Verizon further separates these entities that qualify for public safety plans or services by placing these entities in a public safety root profile. Entities not in a public safety profile cannot activate public safety services without an approved exemption from the Verizon State and Local contracts team. In addition entities not in a public safety root profile will not have the ability to see public safety plans or services in our online portals. Eligible Public Safety NAICS Codes ITN No.: DMS -19/20-006 Page 92 of 67 Attachment A: Statement of Work Mobile Communication Services 995 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 485112 Commuter Rail Systems 923120 Administration of Public Health Programs 621910 Ambulance Services 928110 National Security 922110 Courts 926120 Regulation and Administration of Transportation Programs 922120 Police Protection 926150 Regulation, Licensing, and Inspection of Commercial Sectors 922130 Legal Counsel and Prosecution 926130 Regulation and Administration of Comms, Electric, Gas, Utilities 922140 Correctional Institutions 921150 American Indian and Alaska Native Tribal Governments 922150 Parole Offices and Probation Offices 921190 Other General Government Su ort 922160 Fire Protection (except rivate 921110 Executive Offices Describe the Respondent's geographic coverage, both current coverage as of the time of Response, and also planned coverage during the term of the Contract. This should be accompanied by: a. Detailed coverage maps i. Provide detailed in -network voice, high speed (third generation -3G & fourth generation -4G, next generation such as 5G) and low speed (second generation -2G) data coverage maps for Florida (covered directly or through identified roaming agreements partnership). Verizon Response Our online Coverage Locator tool depicts our wireless coverage area on a national map and enables you to zoom into any local area by entering that area's ZIP Code or the city and state information. The maps rendered show approximations, based on our internal data, of where coverage for various services is available. Our online domestic Coverage Locator tool can be accessed on Verizon's website. A coverage map has been provided below for your review and consideration. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 93 of 67 Mobile Communication Services 996 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work ii. Provide a service area coverage map for Push -to -Talk (PTT). In addition, PTT protocols in use are to be identified. If some areas of the State have newer, higher performance or more capable PTT, those areas should be identified. If multiple types of PTT are supported, identify the technology and areas covered. Verizon Response Verizon's PTT and Mission critical PTT solutions use Verizon's award winning 4G LTE network to deliver seamless communications between PTT Responder users and it is available everywhere Verizon 4G LTE coverage is available. A detailed coverage map has been provided as a response to the above requirement which reflects Verizon's coverage in the State of Florida. Describe how Mission critical Push -to -Talk (PTT) devices and services shall meet the "mission critical" definition as defined by the National Public Safety Telecommunications Council (NPSTC), as described SOW section 4.8, " Mission critical Push -to -Talk (PTT) devices and services shall not be advertised or marketed to State public safety entities as "mission critical," as defined by the National Public Safety Telecommunications Council (NPSTC), until demonstrated to the Department that the Contractor's PTT is in compliance with NPSTC's requirements, and approved in writing by, the Department." Verizon Response Verizon's Mission critical PTT solutions are based on the MCPTT 3rd Generation Partnership Project (3GPP) standards compliant application designed to support public safety users' communication ITN No.: DMS -19/20-006 Page 94 of 67 Attachment A: Statement of Work Mobile Communication Services 997 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, ..DMS -19/20-006C Attachment B - Final Statement of Work needs.' 3 It delivers Land Mobile Radio (LMR) -like functionality using Push to Talk services over LTE and new advanced functionality such as video and data services intended to enhance the experience and capability of public safety users to manage emergency situations beyond simple push -to -talk communications. Push to Talk Responder provides seamless communications between PTT Responder users and traditional public safety Land Mobile Radio ("LMR") networks via interoperability. By implementing a LMR Gateway as part of the overall Push to Talk Responder solution, mobile device users are able to communicate securely with devices on your agency's private LMR network. Describe the Respondent's approach to ensuring quality of service, priority and preemption as indicated in the 3GPP standards; the level of priority given to public safety entities and the methodology behind administering the level of priority; and the Respondent's approach to ensuring public safety service plans and devices meet the public safety standards as described SOW section 4.4, "Public safety service plans and devices shall be in compliance with 3rd Generation Partnership Project Technical Specification 33.180. The Contractor's public safety service plans and devices must perform to the most recent version of the standards described in TL -9000 Quality Management, ISO 9001, ATIS-100009 Overview of Standards in Support of Emergency Telecommunications Service, ITU -T Y.1271 framework on network requirements and capabilities to support emergency telecommunications over evolving circuit -switched and packet -switched networks." Verizon Response Verizon's public safety solutions are network integrated solutions with dedicated QoS Class Identifier (QCI) as required by the 3rd Generation Partnership Project (3GPP) standards to ensure voice and data are allocated the appropriate Quality of Service on the Verizon LTE network, combined with other advanced LTE network features such as Priority and Preemption, they provide priority on -demand communications to Public Safety users in times of network congestion. Mobile Broadband Priority allows customers to connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. Describe the local control portal, as described in SOW section 4.3. Verizon Response Verizon's Local Network Command is a tool that provides on -demand local control of pre -selected users' network quality of service on a temporary basis. Local Network Command provides qualified agencies the capability to pre -select users to be temporarily uplifted on -demand during an incident. Local Network Command users get a temporary uplift of their QoS for data service for the duration of the incident. This uplift increases the priority treatment of data sessions through the Verizon network. The tool also provides the location of those users uplifted in a map for the duration of the incident. Once an agency has been approved to get the service, the agency needs to pre -select the users that will be up -lifted at the time of an incident and create authorized users to access the Local Network 3 Clarification. Established cellular industry and performance standards serve as the foundation for our engineering, design, operation and quality assurance programs. Verizon confirms that we are continually working to adhere and perform to 3GPP standards at all times. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 95 of 67 Mobile Communication Services 998 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Command Portal to be designated as Incident Commanders. Incident Commanders are authorized users that have access to the Local Network Command tool and have the capability to create and close incidents on the Local Network Command portal. In order to up -lift end-users service at the time of the incident, the incident commander must create an incident using the Local Network Command (LNC) tool and select the LNC enabled lines that will be up -lifted. Incident Commanders can select individual lines or a pre -defined group to be uplifted. Once a user profile is uplifted, the user profile will temporarily get an updated Quality of Service (QoS) for data traffic on the Verizon network for the duration of the incident. After the incident has been completed or the time allotted for the incident has expired, all the participant end-user profiles will be set back to their original default profile. 5. Business Operations All services can be direct ordered by the Customers via email, phone call, or the Contractor's MCS portal. The Contractor shall also accept orders through CSAB and MFMP. Billing may be through CSAB or direct billed to the Customer. DMS shall make the final determination on which services are ordered and / or billed through CSAB, MFMP, direct ordered, or direct billed. This subsection is applicable to DMS -billed services, unless otherwise stated. 5.1 General Description of the SUNCOM Business Model In accordance with subsection 282.703(2), F.S., DMS has developed a system of equitable billings and charges for Customers. The CSAB system is the ordering, billing, incident management, and inventory system referred to in Chapter 60FF-2, F.A.C., that the Contractor is required to utilize. When Customers log -in to CSAB, they can perform the following functions: 1. Establish and maintain Customer accounts. 2. Manage billing accounts. 3. View a comprehensive list of available MCS offerings. 4. Place orders. 5. View their complete inventory of services and invoices with associated and detailed charges. For DMS -billed MCS accounts, the Contractor will bill DMS monthly for services rendered to all Customers and provide DMS with substantiating details in electronic files (for example, comma delimited). The Contractor will include in the substantiating detail charges with unique identifiers for each transaction (for metered services) and service account. 5.2 Communications Service Authorization and Billing Transaction Flowchart The Contractor will use seven (7) Business -to -Business (13213) transactions between DMS and Contractor, as depicted on the next page: ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 96 of 67 Mobile Communication Services 999 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 97 of 67 Mobile Communication Services 1000 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _' . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work SUNCOM Steady State, Business, Process DJvTel Ven,dor Service Cataiog '82"B" -X&M-'s A Butws% IME"uung I s olkct J,2ur gnevupi, 6mr.1h 61ts nid oi-AF f'4x %60a 'AP 'Is a= 11.UqLag IV. of dwq'IACtrM'6r dits wwc enm,the trAnuiLmn LAB 'xl pfvrirle'AuL, t-n&'e numml :npva cqntm'm Ca uJig rmado&' 63,1:1e= volml& trmnw 6m&' G1" -t "I'M J.I'Lt &tz azi bt1n& If ai t1mv :mda, ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 98 of 67 Mobile Communication Services 1001 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work 5.3 Communications Service Authorization and Billing — Official Record CSAB is the authoritative source of all data. The CSAB system is the official record of the inventory and costs of SUNCOM services, including MCS. If the Contractor claims any inaccuracies in CSAB data, the data will be considered accurate unless substantially proven otherwise, at DMS' sole determination. The Contractor shall not enable or ask DMS or Customers to input ordering and/or invoicing data into CSAB on behalf of the Contractor. 5.4 Communications Service Authorization and Billing - Interface with Contractor The Contractor may use Application Programming Interfaces (APIs) to implement transactions between CSAB and the Contractor. DMS will test and approve the interface prior to Contractor accepting orders for services and devices. The DMS preferred method is API; however, this is not mandatory. The following requirements apply with regard to the Contractor's APIs with CSAB: 1. The Contractor's API enables data transfer between CSAB and the Contractor's system. 2. When data is sent from CSAB, the Contractor's API must send back an acknowledgement to CSAB. 3. The Contractor's API will perform functions automatically at near real-time. 4. The Contractor shall develop and maintain functional crosswalks between the Contractor's system and CSAB, which maps the data elements in CSAB to equivalent data elements in the Contractor's system. The Contractor will also support DMS' efforts to create functional crosswalks. 5. It is the Contractor's responsibility to ensure data has been received by CSAB, including resending data that has not been acknowledged by CSAB. 6. The Contractor shall provide a testing environment for quality assurance, accessible by DMS. 5.4.1 Batch Routines The second method the Contractor may utilize to implement transactions with CSAB is through batch routines, which are periodic exchanges of data files containing a large number of records. An example of a batch routine is monthly delivery of invoicing substantiation files (B2B-6), due to the large volume of data. 5.4.2 Manual Review and Data Entry by Contractor Staff The third method the Contractor may utilize to implement transactions within CSAB is by manual review and data entry. The Contractor can use CSAB screens to view a submitted order from a Customer and mark that order as fulfilled, rather than use 13213-3 and 13213-4 transactions. ITN No.: DMS -19/20-006 Page 99 of 67 Attachment A: Statement of Work Mobile Communication Services 1002 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work The Contractor shall only use manual review and data entry as a method of last resort. The Contractor shall not use manual review and data entry for invoicing substantiation (1326-6). 5.5 Communications Service Authorization and Billing Service Catalog MCS services and devices must be approved by DMS and entered into the CSAB Service Catalog prior to making them available for use or purchase by any Customer. DMS will have sole discretion over the CSAB Service Catalog and any updates. The Contractor shall use the following three (3) types of charges for the MCS services in the CSAB Service Catalog: 1. One-time charge: a single payment for a service or item (e.g., hardware installation). 2. Monthly charge: monthly fixed and recurring charge 3. Metered charge: incremental charge based strictly on usage of the service (e.g., data overage charges). The Contractor shall comply with the requirements of Chapter 601FF-2, F.A.C., in its use of CSAB. 5.6 Taxes and Government Sanctioned Fees The Department and Customers do not pay State or federal taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. Government -sanctioned surcharges and fees, if the Customer is not exempt, must be collected by the Contractor and may be payable by the State. A description of any new or modified government -sanctioned surcharge or fee must be provided to DMS for review and approval. If approved, the Contractor can then submit a request to update the CSAB Service Catalog. The standard process whereby the Contractor submits a request for inclusion of services in the CSAB Service Catalog and DMS approves them must be implemented for a new or modified surcharge or fee with the following additional requirements: 1. The catalog item must be tagged as a government -sanctioned surcharge or fee. 2. The description field provided by the Contractor must clearly identify the surcharge or fee. 3. The Contractor must provide the DMS Contract Manager with information sufficient for DMS to develop formulas that replicate the charges through calculations against invoicing substantiation data. The DMS Product Manager will approve the Contractor request if the update to the CSAB Service Catalog is in accord with the amendment. 4. The surcharge or fee must be billed at the inventory ID level and not billed as a lump sum. 5. The Contractor must give DMS advance notification of anticipated surcharge or fee changes with the DMS -approved effective date the charges will be incurred and the amount/percentage. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 100 of 67 Mobile Communication Services 1003 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Non-government sanctioned surcharges and fees, such as activation fees and termination fees, are not chargeable under this Contract. 5.7 User Access Privileges for the Contractor The Contractor's user CSAB access privileges must be approved and monitored by a Contractor - assigned CSAB Administrator. User access privileges allow the following functions: 1. Manually receive and closeout orders to the Contractor. 2. Review past orders submitted to the Contractor. 3. Review a robust set of inventory data for services provided by the Contractor. 4. Other access as allowed by DMS. DMS reserves the right to terminate CSAB user access privileges of any Contractor staff without cause or notice. 5.8 Work Orders Customer work orders are sent to the Contractor as 13213-3 transactions. The Contractor can log- in to CSAB as prompted by a CSAB email to see submitted orders. The Contractor is required to respond to the Customer with distinct 13213-4 fulfillment data for each item, or service, in a work order. Multiple item orders with only a single order number are not fulfilled until every item is delivered. Some key data elements in addition to CSAB-assigned Inventory ID are: 1. Order ID — identifies a request for one (1) or more items. This ID is associated with everything in a "shopping cart" when a Customer "checks -out." 2. Work Order ID — is associated with each item request within an order that can be fulfilled separately from the rest of the order and requests action for one (1) Service Installation ID. 3. Installed Option ID — identifies the service, feature, or hardware from the CSAB Service Catalog that was requested in the work order. 4. Service Installation ID — identifies the service account resulting from order fulfillment. It is the unique inventory entry in CSAB and is equivalent to, but not the same as, distinct IDs used by Contractor to track status, usage and charges (e.g., circuit ID, phone number, hardware serial number, etc.). The Contractor is required to provide all of the required fulfillment data in CSAB. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 101 of 67 Mobile Communication Services 1004 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work The Contractor shall not charge the Department for any orders from which key fields data, installation dates, or disconnect dates are missing or incorrect. The effective bill date cannot be more than forty-five (45) days from the date the order is closed. Some orders will include configuration data, including IP addresses, to enable establishing closed user groups on MFN. 5.9 Inventory Every order, and many other actions related to MCS services, is permanently logged into CSAB. This inventory is a basis for DMS audits of Contractor charges; i.e., if a billed service is not in the inventory or the inventory shows it was not active during the invoicing period, DMS will dispute the charge. The CSAB inventory is also a useful tool for DMS, Customers, and Contractor to see what has been ordered, its status, location, cost, any associated comments, etc. CSAB inventory is structured around key data elements. Inventory records are not valid without these key fields. CSAB by default has primacy when there are discrepancies between the inventories of the Contractor and CSAB. The Contractor is required to maintain a corresponding inventory as a basis for invoicing DMS. Periodic reconciliation may be implemented between CSAB and the Contractor's inventory through B2B-5 transactions, at DMS' sole discretion. This will avoid waiting until the Contractor invoices DMS to discover these inconsistencies and having to resolve them through billing disputes. DMS will provide for an exchange of inventory data throughout the month using transaction B213-4. There is no manual substitute for this process. 5.10 Invoicing Requirements The Contractor will invoice DMS for all fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS. Attachment C, SLA -F1. Invoices to DMS will consist of: 1) invoices for payment on an unchangeable format (e.g., paper) that reflect the total wholesale charges for the month (referred to herein as a, "handbill"), and 2) electronic detail files that substantiate all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. All credits due must be reflected on the invoice within two (2) billing cycles after the credit has been determined. Attachment C, SLA -F2. Both the handbill and electronic files for the CSAB portion must be received no later than the 10th calendar day of each month, unless otherwise agreed with DMS in writing. 5.11 Electronic Substantiating Detail File The invoice substantiation file consists of electronic detail listing all billable services and activities with the CSAB Inventory ID necessary to be auditable bases for all charges. The detail file must include all charge data on one-time purchases, active service periods, and incremental activities. ITN No.: DMS -19/20-006 Page 102 of 67 Attachment A: Statement of Work Mobile Communication Services 1005 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work All charges must be attributable to distinct identifiers for the services as negotiated in the CSAB Service Catalog, and each discrete charge must be distinguished by a service identifier. Metered charges must also include usage for each billing period (start and end). The file must be provided to DMS using a mutually agreed-upon, secured delivery method, and mutually agreed-upon format. 5.12 Audit of Contractor Invoices DMS will audit invoices to validate all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but: a) is complete (i.e., contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the handbill, then DMS will send an audit exception report (13213-7) to the Contractor detailing any disputed charges. At this time, this is a manual process. At any time during the Contract term, this may become an electronic process, at DMS' sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within two (2) billing cycles from receipt of dispute. If Contractor has not resolved audit exceptions within two (2) billing cycles, the charges will be adjusted as determined by DMS. 5.13 Mandatory Interface with the Contractor All work orders will be submitted to the Contractor via CSAB or similar system as deployed by DMS. Direct billed Customers will interface solely with the Contractor. 5.14 Properly Authorized Work Orders No WDS will be provisioned unless the Contractor has a properly authorized work order submitted by DMS through CSAB. Direct billed Customers will interface solely with the Contractor. 5.15 General Billing Requirements The Contractor will maintain a detailed database that uniquely identifies each pricing component. The CSAB Service Catalog contains unit prices and all qualifiers that are applied to unit prices in order to create an unambiguous database of WDS billable line items. A specific billing code shall have only one (1) unit amount. 5.16 Billing Start The Contractor shall meet the following criteria to complete billing starts: ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 103 of 67 Mobile Communication Services 1006 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work 1. All bills should commence on the 1St and run through the end of the month based on the completion date, unless otherwise agreed by DMS in writing. Fractional charges are based on the effective bill date. 2. The Contractor cannot retroactively bill for services received before the, the start date of a Purchase Order in MFMP, or is otherwise ordered by the Customer. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. 6. Direct Ordering and Billing This section is applicable to WVS and certain approved WDS items. The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Contractor submitted an invoice directly to a SUNCOM Customer. The Contractor will accept orders from Customers for all WVS devices, rate plans, and services through MFMP. All direct -billing will be done in accordance with Rule 60FF-2.007, F.A.C. The Contractorwill cooperate with the Department and MFMP (and any authorized agent or successor entity to MFMP) to deliver direct -billed WVS devices, rate plans, and services. The Contractor will work in cooperation with the MFMP vendor. All items available for purchase by any Customer that are listed on the most recent DMS -approved EUPL will be exhibited on the MFMP website as a catalog for Customers. The MFMP catalog shall be updated by the Contractor within one (1) Business Day of any updated EUPLs being posted on the Department's website. By acceptance of an MFMP purchase order, the Contractor agrees to all MFMP terms and conditions. 6.1 Services and Devices Sold to Direct -Billed Customers The Contractor will not make any service or device available to any Customer that has not been approved by DMS. If a new service or device is approved, the Department will add the service or device to the EUPL and provide a SUNCOM price for the Contractor to market to Customers. The Contractor shall not display or represent any other prices to Customers. 6.2 Cost Recovery Rate The Contractor will charge Customers the established rates, plus the SUNCOM Cost Recovery Rate (CRR). The CRR will be included on all monthly -recurring Contractor's charges and invoices. ITN No.: DMS -19/20-006 Page 104 of 67 Attachment A: Statement of Work Mobile Communication Services 1007 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work The Department will be responsible for providing notification regarding the CRR to Customers. The Department will provide: i) notification on the MFMP website Punchout catalog, and ii) notification in a mutually agreeable format for OEUs not currently ordering through the MFMP website Punchout catalog. The Contractor shall provide the Department with the CRR on all services sold to Customers that are direct -billed. The CRR will be assessed on the monthly recurring charges after all discounts, adjustments, and credits are taken into account. Additional charges, including but not limited to devices, taxes, surcharges, or regulatory fees, will not be included in the assessment of the CRR. The Department may modify the CRR through a written amendment to the Contract with ninety (90) days prior written notice to the Contractor. If mutually agreed upon, modifications to the CRR may take effect earlier than the ninety (90) days. The CRR will be the same for all Contractors providing MCS. In the event that the Department authorizes a Contractor to collect a lower CRR than on this Contract, the Department will incorporate the lower CRR into this Contract via amendment. The Contractor shall have sixty (60) calendar days after the amendment effective date to charge the CRR on the direct -billed invoices. The Contractor will remit all funds collected pursuant to the CRR to the Department in the form of a quarterly check. The check will be accompanied with a complete Direct -Billed Quarterly Report. The check will be sent no more than forty-five (45) days after the end of the calendar quarter to cover the cost recovery amounts collected for the previous quarter. Attachment C, SLA -G1. Fees collected for the CRR will be thirty (30) days in arrears after the billing month in which the charges are invoiced on the direct -billed invoice. The Contractor will be required to remit funds associated with this requirement only when payment has been collected from the Customers that are direct -billed under this Contract. 6.3 Contract Association on Direct -Billed Accounts All direct -billed accounts established with Customers will include a corporate identifier for this Contract assigned by the Contractor in the billing system. 6.4 Monthly Reporting of Direct -Billed Accounts The Contractor will provide reporting and auditing in accordance with Rule 60FF-2.005, F.A.C. Additionally, the Contractor will provide the Department with an accurate Direct -Billed Monthly Report in an Excel format via e-mail of all direct -billed accounts including, but not limited to: the Customer's billing account name, Customer corporate identifier, number of active lines, total amount of charges, and billing month. Attachment C, SLA -G2. This report will substantiate quarterly payments remitted to the Department. In the event a discrepancy is cited, the Contractor will have thirty (30) days from the date of bill close to provide the Department with the data necessary to reconcile the discrepancy. In the event the Contractor cannot substantiate the cited ITN No.: DMS -19/20-006 Page 105 of 67 Attachment A: Statement of Work Mobile Communication Services 1008 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work discrepancy, the Contractor will be responsible for payment of the disputed amount within thirty (30) days. Online reporting and auditing via the Contractor's portal may be appropriate, if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. The format of the report is subject to DMS final approval. 6.5 Quarterly Reporting of Direct -Billed Accounts On a quarterly basis, the Contractor will provide the Department a Direct -Billed Quarterly Report that aggregates utilization monthly reporting. Attachment C, SLA -G3. The report requirements are as follows: 1. The report must be in an Excel format sent via e-mail of all direct -billed accounts, which will include the Customers' aggregate utilization (minutes, data, and text) and billed amount by device type and billing month. 2. The report must contain information sufficient for the Department to independently verify and validate by Customer the utilization and billed amount by device type and billed amount and the cost recovery due to the Department. 3. The aggregate utilization reporting will not identify CPNI, such as but not limited to account names, subscriber number, or End-user level information for direct -billed Customers. 4. Online reporting and auditing via the Contractor's portal may be appropriate if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. 5. The format of the report is subject to DMS final approval. 6.6 Customers Liability Direct -billed Customers are solely liable for any performance, duties, payments, and responsibilities generated by their use of this Contract, fiscal or otherwise. As stated in Rule 60FF- 2.007(3), F.A.C., "the Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM [Customers] in instances where a vendor or SUNCOM Provider submitted an invoice directly to SUNCOM [Customers]." No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 106 of 67 Mobile Communication Services 1009 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work Attachment A verizon,' Verizon Wireless 4G LTE Coverage - Florida AL-vp (mated on 11/24/2020 Ti- map �s not a gua—tee &—,age andniay -2R"run. sekvfce. 4G LTE Ca. A— - A.— t. th. 4r, ILTE .we ththP C— .. 4G LTE Bold., A— - A-5 to th. 4G LTE dt.-k he �Era da, -d-a Id— my .. Y.,,I 5.1— . n.-exA to1. TNs TAP Shoad, App—inately wha,a vats and Weraga appy 1a ased w Oul, 'Neinal data W-�ess se— M a ubjpct 10 ,.M.rk —d uaoxairnv.es h-Ut.- -id,% ceN x t& una,wlabOty. Vaitculady n— do—d-es and b, r*moa, —ax —th." Wpg'.phy -d .1— --m-W — id—t— ussacM1aCerJ w,d, ad.. t-h-�agy alsn .,d --. —Y vary Spxnfaoy mlta< h kdu o, mi, m.dgin.r d.— y., riarc -1y —ka, -d vea ,. -Ix woven diga— M -ravadadd, When digul aem— -—— w t dable y— devIM not ope,ata, o, be a6le W niA* 0 dala Chak V,brat m,V.tw - Y-, ph— tc dela -a a -f .1— h,.I,. — , .,.a app8y. ITN No.: DMS -19/20-006 Attachment A: Statement of Work nk 4G LTE Coverage 120 dB RLOPL 133 dB, RLOPL COUNTY 0 35 70 140 Miles I I I I Page 107 of 67 Mobile Communication Services 1010 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Verizon's Experience Reply Verizon Wireless ("Verizon") has the most reliable network utilized by public safety across the country. Our premier network is available in more than 500 markets and covers about 98% of the United States population with 2.4 million square miles of 4G long term evolution ("LTE") network coverage and capacity. Over our advanced 100% fiber optic network, we provide Voice over LTE Wireless Priority Services, enhanced private network traffic management, and Push -To -Talk Plus with Land Mobile Radio interoperability. In sum, we deliver the best in class LTE network for public safety today. Verizon has many years of experience providing wireless communication services to public sector clients within the State of Florida. Additionally, we have provided point of contact information for agencies that have agreed to act as references for our wireless services. These agencies will determine what information they will share with you when contacted by the State. We estimate our market share for 2019 to be 37.8% of the U.S. wireless retail subscriber base [includes postpaid and prepaid subscribers; calculation based on top four carrier -reported numbers]. At the end of the third quarter of 2020, the total number of the population covered within our licensed U.S. territories was 329.1 million. Our 4G LTE network is available to more than 99 percent of the U.S. population and covers 326.1 million people over more than 2.6 million square miles. For additional information, please see the attached coverage map(s) in Section # or visit .....................::.r. lriza.r.i.::c�r.rni./c.o.v....lrg. e...ma It is important to look at coverage in terms of network reliability and the number of people who have wireless coverage within a given geographical area rather than the number of cell sites. Because of the improved spectral efficiency of the Orthogonal Frequency Division Multiple Access (OFDMA) technology used in 4G LTE network, we can serve a large population within a geographical area with higher voice quality and data speeds with a reduced number of resources. Our choice of the 700 MHz frequency as the basis of our 4G LTE network results in a longer range from the base station. The superior characteristics of the 700 MHz frequency range coupled with the use of MIMO (Multiple Input/Multiple Output) antennae will maximize the use of our existing network infrastructure while delivering high-speed, feature -rich services to our customers. Customized Approach Our robust network partner eco -system allows us to provide the right solution for the unique challenges that our first responders encounter daily. Today, we are solving first responder challenges: situational awareness, intelligent tracking and transport, energy management and community engagement. Our approach is performance based to achieve the best possible solution while ensuring that our government customers have the network, features, functionality, and reliability that they deserve. The current industry available technological options would be available to the State of Florida ("the State"). It is important to note that Verizon is committed to providing the services that Florida requires now and into the future. We believe in competition, thereby allowing industry and the marketplace to help establish the solution that can meet the objectives of the State including a technological architecture that would be cost effective, reliable, secure, and delivers the coverage and capacity needed by the State's users. Please also refer to Verizon's Public Safety FAQs included with this response for additional information. We understand your concerns over cost, network reliability, security, coverage, and expertise in supporting Florida wireless mobile telecommunication services. Verizon Wireless has years of experience designing, implementing, and operating a wireless network in Florida and across the US. In a marketplace where some of our competitors ask customers to compromise on network quality, we, at Verizon, are united in our belief that "better matters" and confident of the unique role we play in delivering all the benefits of the digital world to our customers. Our wireless devices, services and solutions easily integrate into existing IT environments, enabling organizations to use many of the applications and technologies they already have in place. Combining our solutions with existing technologies gives your end-users access to the applications they use the most, — enabling them to remain productive and efficient whether in the office or on the go. By combining a variety of devices, wireless access options and applications, Verizon can build wireless solutions to help public safety run more smoothly and efficiently. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 108 of 67 Mobile Communication Services 1011 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Verizon's Public Safety Core Verizon has built and operates its own Public Safety core dedicated to public safety communications. The network core manages and directs all communications functions, like network access and call routing. The dedicated public safety core operates separately from our commercial core and provides first responders with access to the company's 2.4 million square mile 4G LTE network. We make priority access and preemption services available to public safety when necessary and at no charge. In addition, we have invested in new mission -critical 4G LTE voice communications to complement existing services such as Push -to -Talk Plus ("PTT Plus"). PTT Plus already includes interoperability with existing Land Mobile Radio networks. Our Commitment to Quality Our commitment to quality is evident in our ongoing investment in the expansion and enhancement of our network. We have invested more than $122 billion nationwide since 2000 to build and enhance our wireless network, and consistently earn top rankings from independent consumer reporting and testing institutions for network quality and performance. We strive to operate our wireless network at optimal performance levels so that we can continue our record of providing the most reliable nationwide wireless network. We continually test and evaluate network performance, and when service anomalies are detected, we take immediate steps to resolve or remediate the situation. Our maintenance organization staff members are distributed in centers across the country and have areas of expertise and responsibility, such as microwave, switch, cellular radio, power. They are also cross -trained to handle a wide variety of system maintenance issues - all in an effort to maintain service reliability. Our success in these efforts is evidenced by the fact that fewer than 2 percent of the calls placed on our wireless network are dropped or fail to initially connect - even during the busiest hours of the day - as well as by our continual subscriber growth. Network Performance Recognizing that reliable wireless service is critical to your business, Verizon has established extensive preventive maintenance measures, network monitoring and system backup capabilities. These measures, coupled with our internal performance processes, enable us to provide our customers with levels of wireless service reliability that distinguish us from other national wireless carriers. Two common service metrics used by the wireless industry to measure network performance are accessibility (ineffective attempts (IA) for voice calls or setup failures for data sessions) and retainability (lost calls [LC] for voice and dropped connections for data). Accessibility measures when a subscriber attempts to place a call or establish a data session and fails, and retainability measures calls or data sessions that are in progress but communication is interrupted by no overt act of the subscriber. While the industry uses these measures broadly to index call quality, we use one of the most stringent methods of applying these measurements. All reasons excluding landline network congestion are considered in arriving at the percentage figure that measures our wireless IAs. We have experienced great long-term success in attaining the goal of keeping the aggregate percentage of accessibility or retainability failures below two percent across all of our markets. While our competitors may report percentages that are similar to ours, the methods of measurement by which they arrive at this network performance result may vary from the stringent methods we apply. When measured on a monthly average across the entire Verizon -owned and -operated network, our wireless network service level goals are: 0 Cell availability (total Verizon wireless network): — Cell availability is greater than or equal to 99.9% every month of calendar year • Data: — Dropped connections (total Verizon wireless network): Less than or equal to 2 percent, reported nationally as a monthly average — Setup failures (total Verizon wireless network): Less than or equal to 2 percent, reported nationally as a monthly average • Voice: — Lost calls (total Verizon wireless network): Less than or equal to 2 percent, reported nationally as a monthly average — Ineffective attempts (total Verizon wireless network): Less than or equal to 2 percent, reported nationally as a monthly average Independent third party engineers conduct approximately eight million tests annually of our network, along with ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 109 of 67 Mobile Communication Services 1012 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work other national wireless carriers' networks, while traveling almost 500,000 miles across all 50 states and the top 125 urban markets. The tests are a combination of voice, data and text in order to mimic real world users' experience. Each test is analyzed as for the ability to access the network and complete the given task. For voice calls, they are classified as either a successful call, an ineffective attempt (a call that is blocked) or a lost call (a call that connects, but drops). Data testing includes large file downloads, uploads and smaller file downloads. The results are then published and analyzed by Verizon engineers to analyze all failures. Voice network reliability test results have consistently shown that the number of ineffective attempts for our national network, in major metropolitan centers and some remote areas, is lower than for any other national carrier. Test results also indicate that voice calls that connect on our network are more likely to stay connected for the duration of the call. Similarly, the data network reliability test results establish that we have the nation's most reliable wireless 4G LTE network, successfully setting up a higher percentage of data sessions than any other national carrier, and successfully completing a higher percentage of tasks during those sessions. In addition to the strenuous third party drive collection, Verizon also leverages many other data sets to ensure that the network continues to perform at the highest level. This includes additional third party information as well as internal Network KPIs that are constantly monitoring the performance of the network. Business Continuity Verizon has taken many steps to prevent outages from affecting our wireless customers. Our emergency response capabilities have been tested and proven during many difficult situations including wildfires, tornadoes, flooding and hurricanes. Our Network Our reliable network is a combination of strong technology and capable employees. Network operations teams across the country conduct exercises each year to confirm team members have access to contacts, systems, tools, and suppliers to resolve the impact if any disruption occurs. These teams are empowered to identify and implement ways to make our network stronger, more efficient, and available for our customers when they need it, even during natural disasters. Thanks to these efforts and ongoing preparations and investments, our network has stayed strong — even through the natural disasters of past years — while other communication networks often were adversely impacted or failed. We provide voice and data service through a sophisticated wireless network consisting of dozens of switching systems and thousands of base stations throughout our cellular footprint. Many critical network systems are located in geographically diverse locations. The most critical systems provide un -interrupted service to customers, even if one location is damaged. These systems are designed to automatically fail -over to an alternate location with minimal, if any, impact to customers. These systems are tested at least annually as part of the Business Continuity/Disaster Recovery program, and in many cases are tested more frequently to maintain reliable service. Many critical circuits in our network infrastructure are provisioned with special priority. This is intended to ensure that in the event of a disruption, these circuits are repaired as quickly as possible. The costs for this service are just one part of our significant ongoing investment in network reliability. Mobile Switching Center (MSC) The loss of a MSC is one of the most serious of possible scenarios. Each MSC is protected by automatic power backup systems, by automatic fire -suppression systems, and by physical security systems and alarms. In each MSC, network operations personnel routinely backup system data for the switch itself and the peripheral systems. Automated backup routines are supplemented with scheduled manual backup routines and off-site storage of critical data. Cell Site We have thousands of cell sites across our nationwide network to provide the desired level of service, both in terms of capacity and quality of service. We continue to increase the density of our cell sites, often through small-cell locations, which can provide overlapping coverage and reduce impact to our customers if an individual cell site is damaged or disrupted. Despite the large number of sites, we still take the loss of a single cell site seriously. Cell sites are protected by automatic fire detection systems, by physical security systems and alarms, and most have automatic power backup systems, including batteries and generators. Through arrangements with our suppliers, any major components of a cell site, up to and including the building and tower, become an immediate priority restoration effort on the part of both Verizon and our suppliers. ITN No.: DMS -19/20-006 Page 110 of 67 Attachment A: Statement of Work Mobile Communication Services 1013 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Service Protection and Restoration Strategies Service protection and restoration strategies are an integral part of our wireless network management. MSCs, Network Data Centers, and cell sites are automatically and continuously monitored for numerous factors, from call processing to room temperature. All MSCs and cell sites have battery backup and most cell sites have permanent generators. We also maintain and utilize a fleet of dozens of Cell on Wheels (COWs) and Cell on Light Trucks (COLTs), and Generator on a Trailer (GOATs) that can be rolled into hard-hit locations or areas that need extra network capacity. In addition, we also maintain towers on wheels and portable generators. We have implemented Telecommunication Service Priority (TSP) capabilities on critical backhaul circuits, which provide priority service restoration if a circuit is disrupted. Monitoring and Alarm Systems We have two geographically diverse Network Operations Centers (NOCs) that monitor all facilities, cell sites and switches across our nationwide network. These NOCs are staffed 24x7 with experienced personnel who work closely with the regional field operations teams and with suppliers to coordinate and expedite the restoration of service in the event of outages. We have set up alarms for critical components at the cell sites and the MSCs. These send prioritized alarms and detailed data to the MSCs and NOCs. The detail includes identification of any malfunctioning module and the component responsible. Alarms are coded with varying degrees of priority, so that minor problems do not obscure critical problems from a technician's attention. The code also helps the technician determine how quickly the problem must be addressed. Response Time In the event of an alarm or other failure indicator, our personnel will be dispatched to the cell site, MSC, or Data Center with a standard set of spare parts and repair equipment, in addition to other parts and equipment that are indicated by the nature of the alarm and failure. Maintenance personnel provide ongoing support for our equipment and facilities to minimize the possibility of disruptions and to verify proper performance. We work closely with our suppliers to see that we have access to their engineering personnel and replacement equipment when required. We also have the ability to dynamically reroute traffic over our backbone network to address switch, microwave, interconnection problems, or capacity issues. Respondents Experience While Verizon Wireless is truly a 21 st century company, the mergers that formed Verizon were many years in the making, involving companies with roots that can be traced to the beginnings of the telecommunications industry in the late 19th century. Verizon Wireless has been in business since 2000; however, the companies that merged to form Verizon Wireless had been in business for an average of 15 years. Verizon Wireless has more than 120.3 million wireless retail connections (September 30, 2020). We provide wireless service to organizations of all sizes including small businesses, Fortune 500 corporations, including federal, state and local governments. We also have considerable experience providing service to entities with subscriber lines in excess of 10,000. Additionally, we have included point of contact information for entities that have agreed to act as references for our wireless services. These entities will determine what information they will share with you when contacted by DMS. Please refer to completed Form 6 - Business Experience included in this response. Software Support: Third Party Solutions We offer an array of mobile business solutions from our strategic technology partners (Third -Party Solution), giving organizations access to some of the industry's most innovative products and services, with the added benefit of enabling customers to consolidate their mobility spend on a single bill. Enterprise Management Solutions IBM MaaS360 with Watson IBM MaaS360 with Watson is a trusted enterprise mobility management (EMM) solution that makes working in a mobile world simpler and more secure. It uses powerful mobile device management with comprehensive, integrated protection to enable applications, content, email and devices, without compromising the user experience, data security or privacy. IBM MaaS360 is the first EMM to integrate Machine -Based Learning/Artificial Intelligence into the EMM suites via Watson. IBM MaaS360 with Watson delivers insights and analytics to make it faster, easier and more effective to manage and secure endpoints, their apps, data and content. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 111 of 67 Mobile Communication Services 1014 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Mobilelron Mobilelron provides Enterprise Mobility Management (EMM) security and solutions for Mobile Application Management (MAM), Mobile Content Management (MCM) and Mobile Device Management (MDM), meeting the needs of small, medium or large enterprise customers. Mobilelron EMM: Security Management Solutions Asavie Moda Asavie Moda is a mobility service that optimizes employee productivity and gives businesses control and visibility to ensure a safe mobile internet experience. It is a network -based solution that enables businesses to manage security and productivity along with rich reporting insights on all their mobile devices. Lookout Mobile Endpoint Security Lookout Mobile Endpoint Security helps organizations prevent data loss and leakage via mobile devices by delivering advanced security and comprehensive policy -based protection against the spectrum of mobile risk. Lookout empowers your organization to adopt secure mobility across personal and corporate owned devices without compromising productivity, employee privacy or user experience. NetMotion Software NetMotion's software solutions improve the performance, visibility and security of your mobile enterprise. NetMotion software gives your IT team the tools to monitor and dynamically make decisions using real-time data and analytics. NetMotion software has helpful management features Samsung Knox The Samsung Knox is a defense -grade security platform built into the latest mobile devices. This enterprise solution allows companies to secure, manage and customize their Samsung devices using one platform. It offers a cloud -based platform that enables users to remotely set corporate device policies and security measures, configure apps and user access, and activate/deactivate devices. Knox Workspace. Collaboration and Productivity Solutions BlueJeans The BlueJeans video collaboration platform helps you modernize today's meetings to better meet the needs of today's workforce. It gives employees video conferencing solutions that enable them to virtually meet and communicate at a moment's notice with teammates, partners and customers. Moreover, BlueJeans' Smart Meetings technology includes in -app intelligence to capture the most important discussion points, assign action items, and quickly replay meeting highlights to help bolster the effectiveness of each meeting. BlueJeans empowers fast and easy face-to-face communications, using video conferencing solutions to help bring people closer together for more effective collaboration. The platform combines high-quality audio, HD video and web -conferencing capabilities for cloud -based meetings or large interactive events. The BlueJeans video conferencing platform features a number of tools that help make it easier for workforces to communicate and collaborate virtually anywhere and anytime — simply, easily and securely. doForms doForms is a mobile data collection platform that provides a paperless solution for business customers. With easy form customization, doForms captures information such as GPS location, job dispatch and scheduling, mobile payment and inventory management with barcode scanning options. doForms has pre -built vertical -based solutions for healthcare, field services, transportation and retail. GoCanvas GoCanvas is a platform for creating and editing your own mobile app (forms) which enable users to capture information electronically on a smartphone, tablet or PC and send it to customers, colleagues or partners in seconds. GoCanvas facilitates the elimination of paper forms and increases productivity through mobile apps on just about any mobile device. GoCanvas App Store houses over 20,000 free mobile form templates including invoices, checklists, inspection apps, other common business documents and apps for specific verticals including Construction, Retail, Distribution, Healthcare and Professional Services. Businesses can customize existing applications or create their own. GoCanvas also enables you to generate high quality, professional PDF files to automatically send to your customers. Intrepid Networks ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 112 of 67 Mobile Communication Services 1015 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Intrepid Networks' integrated mobile platforms are designed for Law Enforcement, Emergency Management, EMS, Fire and Rescue teams, as well as any team requiring coordination between disparate team members. The Intrepid Response package provides the entire team with a real-time, easily accessible, common operational picture. Providing next -gen situational awareness is what makes Intrepid Network's suite of products the ultimate resource for coordination beyond visual range while providing greater front-line intelligence. Intrepid's situational awareness apps can also fit a number of private sector business critical security needs. For example, they can be used for event management and crowd control at major sporting events, dignitary visits or other events that have integrated response teams who need to know what's happening at any given time. These teams also want to know where each team member is located and be able to share vital information as needed. Private and corporate security organizations can also benefit from similar requirements. Other private sector uses include infrastructure protection, where teams are assigned as security or emergency responders to protect important buildings and structures, such as hospitals, nuclear reactors and oil refineries. Verizon Mobile Device Management Verizon Mobile Device Management (MDM) is a Verizon -branded management portal that integrates Verizon differentiated services into a unified and intuitive customer experience. Verizon's MDM solution features Enterprise Firmware Over the Air (FOTA) Management, Device Diagnostics for Verizon Wireless customers, Broadband Mobile Hotspot Management, and Unified Endpoint Management. Verizon's Business and Government Customer Operations (BGCO) teams handle support for ordering licenses and billing. However, Verizon Wireless is not the licensor of the mobile business solution. Customers obtain any license directly from the applicable Third -Party Solution provider. Customer support for Third -Party Solutions may be obtained directly from the Third -Party Solution provider or by calling Verizon Wireless technical support. The BGCO provides basic Tier 1 support, which may include set up and how to use, before advising customers to contact the Third -Party Solution provider directly. BGCO support can be reached at 800-922-0204. If the BGCO determines that an inquiry is not one concerning Equipment or Wireless Service, BGCO support may transfer the service request to appropriate Third -Party Solution representatives. Device Support Device Training Your employees can learn about device hardware, software applications, email setup and Smartphone maintenance on their own schedule through our Online Learning Center sessions. There are recorded and/or live sessions available presented via Adobe Connect software. The Online Learning Center can be accessed at https://www.verizon.com/support/simulators/. Device Warranty As part of the wireless device equipment package, your employee will receive the manufacturer's equipment warranty, typically one year in length. Whether or not a new device is defective out of the box, your corporate -liable end users may return wireless equipment purchased from us for any reason within 30 days of the original date of purchase. 31 Days to 12 Months If a device is found to be defective more than 30 days but less than 12 months after the purchase date, and the malfunctioning device is still within the manufacturer's warranty period, you may obtain a Certified Like -New Replacement device in exchange for the defective unit at no charge. The remaining unused term of the original manufacturer equipment warranty or a total of 90 calendar days, whichever is greater, will transfer to the exchanged unit. 13 Months to 23 Months If the defective device is beyond the manufacturer's warranty period, we will offer a Certified Pre -Owned device for purchase. 24 Months or More If a device is found to be defective 24 months or more after the purchase date, and is not covered by an equipment protection program, unless otherwise provided in your agreement, your Government Subscribers will be eligible to upgrade at your discounted corporate equipment price at the end of a two-year agreement. Several equipment protection programs are available for an additional monthly fee. Staffing and Support ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 113 of 67 Mobile Communication Services 1016 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Key Staff Positions As an incumbent service provider to the State, Verizon's experienced account support team understands the State's unique requirements and provides an experienced team (inclusive of local staff) to proactively meet its needs and address any issues or concerns which may arise. The following table describes the key staff qualifications of the support team for State of Florida: ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 114 of 67 Mobile Communication Services 1017 Accoul'mt Manager 5+ years Responsible for sales and A minimum three (3) years' cu stonier support to experience working with government accounts government clients in a within the State of Florida. government accoUnt Expertise includes management or°sales role. consultative support, A knowledge of government sales presentations, business practices, inclUding training, problem State practices and practices of resolution, and calling Customers and public Safety plan analysis. Services. Ensures time appropriate At least three (3) years' work amount of staff at any experience in time given time from time telecommunications industry. Customer Support team. Strong verbal and written Available twenty-four (24) hours a day, 365 days of cormmmunication skills, inolUcling the year. the ability to communicate effectively at all levels of an organization. Project Manager" TBD Oversight and Responsible for every aspect of responsibility for all all projects related to the DMS "To be determined assigned projects under Contract. based on assessment the DMS contract. Act as Lead and direct teams to deliver and/or evaluation of point of contact for DMS projects within the constraints of currently implemented to coordinate all schedule„ budget, and resources. solutions. This role to Implementation and emigration. Manage and Demonstrated knowledge and be reviewed and the experience to appropriately apply cliscr�ussed during the resources staff armd resources ir7 staff and i a project management contract negotiation of assigned methodology to projects. phase. projects under° time DMS Experience using Microsoft contract. Project and the ability to keep all projects updated frequently and accurately. A current Project Management Professional certification from time Project Management Institute, Scrum Master Certification from ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 114 of 67 Mobile Communication Services 1017 000uoignEnvelope m:7xoso4eC-rpoo-4sp7-9eeo-azsznn4oerpo.^.,o.: OyWS-10/20-008C Attachment B - Final Statement of Work ITN No.: OMG-19/20-006 Attachment A: Statement of Work Page 115of87 Mobile Communication Services certification, or other equivalent project management certification approved in writing by DIVIS Business Operations 3+ years Oversight of business A tnininium of three (3) years' Manager operations, including experience working with billing, ordering, and government clients, related business Knowledge of government operational procedures business practices, including under the DIMS ccxitract. State practices and practices of Communicate DMS Customers. concems to the appropriate Verizon Strong verbal and written management personnel, COMMUnication skills, including Authorized to effect the ability to communicate business operational effectively at all levels of an procedures and related organization outcornes in support of the DMS contract. Global Enterprise 2-4 years Manages day-to-day Advisor account activity, complete accouint-specific projects, nionitor accounts receivables, and, as needed, conduct bill reviews with authorized contacts to prornote accurate billing. Can also provide personalized SUPpOr't for billing escalations and non-stainclard requests. Engineering and 3,+ years Point of contact for all A rninitnUm of three (3) years' Design Manager' engineering and design experience leading an issues. Responsible for, engineering tearn responsible for directing all aspects of services similar in size and scope engineering and design to services available Linder IVICS. *This role to be reviewed and concerns for the services. A Bachelor of Science degree or discussed during the Authority to direct staff. Available twenty-four (24) higher, in at) engineering discipline. EqUivalent foreign contract negotiation hours a day, 365 days Of degrees are also acceptable. phase based on DMS' forecasted needs for the year to manage and oversee restoration of Five, (5) years or more of dedicated SLIPPOft. services and to address engineering work experience. the State's requests. ITN No.: OMG-19/20-006 Attachment A: Statement of Work Page 115of87 Mobile Communication Services DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _' ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work HZERME= *This role to be reviewed and discussed during the contract negotiation phase based on DMS' forecasted needs for dedicated Support, Technical Specialist 3-5 years ITN No.: DMS -19/20-006 Attachment A: Statement of Work Serve as the engineer capable of COMMUnicating with other engineers as needed to resolve clay -to -day issues with DMS and engineers from other Contractors providing telecomMUnications to the State and, if applicable, subcontractors. Point of contact for the day-to-day networking, service, and security issues, typically those involving real-time concerns. Available twentY-tour (24) hours a day, 365 days of the year as needed to rnanage operational and seCUritY concerns and to address the State's request Essential knowledge of cellular networking, switch operations, and data applications. Investigate, diagnose, and resolve Customer inquiries. Troubleshoot roaming issues, support 800 line specialists, Company Stores, and roaming partners. 01 higher in a computer science, information technology, engineering, or sii,nilar discipline. Equivalent foreign degrees are also acceptable. Equivalent work experience of five (5) years is acceptable. Experience with business continuity and disaster recovery, including experience in development of disaster recovery plans. Experience with information security architecture and security tools. Knowledge of telecommunications industry best practices for service performance and security and applicable laws and regulations as they relate to security. Knowledge of current technologies and processes used to establish and maintain networks with respect to security of MCS. May also be a Certified Information Security Manager, a Certified Information Systems Security Professional, or hold another current industry -recognized security certification. Page 116 of 67 Mobile Communication Services 1019 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work C'SAB Administrator 3 years Approves and monitors CSAB access privileges for Manages closeorut and past orders. Reviews inventory data for Verizon services. Monitors other access as approved by DMS Customer Service 4 years Implement voice and data Representative applications and resolve daily operational issues including training. Support of projects, implementations as well as operational changes. Technical Support S years Team with specialized knowledge of cellular networking, switch operations, especially focused on data applications and solutions. Investigate, diagnose, and resolve customer inquiries beyond basic billing/device concerns. Coordinates trouble resolution with Verizon Network Repair Bureau, Suppliers and wireless solution partners. Verizon must retain discretion and control over assignment of account management, customer support or other such Verizon personnel. Our prospective employees are investigated and reviewed to determine whether they merit employment at the positions for which they applied. All such information remains confidential and shared with third parties only on a need to know basis. Our employees are covered by the Verizon Code of Conduct, which can be provided for your review upon request. At any time, you may provide feedback to us regarding the skills, qualifications and performance of any member of the account management team. We will make every effort to notify you of any changes in your account team. In the event of any change to any member of your account management team, we will work with the DMS towards achieving a smooth transition. Additional account support procedures are available in the event of personnel change. In addition, you can use escalation procedures as well as the cross -trained skills and experience of many account support personnel. We may review any recommendations from you, as allowed by law, that will assist us in placing a Client Partner or Account Manager with the appropriate skills to support your account initiatives. Although our goal is continuity of the Verizon account team, we cannot guarantee that changes in personnel and staffing assignments will not occur during the term of your contract. The structuring of the Business and Government Customer Operations organization enables all members of the Business and Government Customer Operations organization to be cross -trained on all accounts with the goal of each customer receiving the same comprehensive professional customer service. Account Team ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 117 of 67 Mobile Communication Services 1020 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work As an incumbent service provider to the State, Verizon provides an experienced account support team, inclusive of local staff to proactively address any issues or concerns which may arise. The Verizon Account Team Since 2004, Verizon has used a dedicated government sales and support model for all government sales in the state of Florida. The team is solely dedicated to state and local government and specifically trained in government contracting, ethics and compliance. This team provides local frontline sales and support to public safety, state, and local government as well as local EOC support during times of crisis. Today the team consists of over 40 employees living in Florida with a combined 240 years of experience supporting the State of Florida Department of Management Services Wireless Contracts with Verizon. Account Manager: Tom Madden, Government Client Partner, Public Sector, Verizon Business Group, As an incumbent Service Provider to the State Verizon's proposed Account Manager, Tom Madden, has served in this required key staff position and is well versed in DMS' requirements. Tom's credentials and 25 years experience meet or exceed all of DMS' requisite qualifications. Upon contract award, Tom will continue to fulfil the role of DMS' primary point of contact and full-time Account Manager for all MCS services provided under the resulting new Contract The Account Manager for DMS under the State contract will serve as senior manager and primary contact, with responsibility for all day-to-day MCS issues, and the coordination and resolution of all MCS activities. These duties may include but are not limited to; overseeing account activity, discussing wireless communications objectives, as well as addressing any issues or concerns with the appropriate level of management (as necessary) working in concert with the rest of your support team. The Account Manager will continue to serve as the lead on account development, training, demonstrations, product updates, pricing, and statewide contract management. The Account Manager (or designated backup(s)) will be available twenty-four (24) hours a day, 365 days of the year to support the State's needs. Please refer to the resumes included with this response for further details. Saikham Baccam,Coordinator — Business Operations / Direct Account Support Rep Verizon Business Operations manager Saikham Baccam, Coordinator — Business Operations / Direct Account Support Rep is responsible for sales and customer support for government accounts within an assigned geographic territory. Expertise includes consultative support, sales presentations, training, problem resolution, and calling plan analysis. Provides follow-up training for new customers, handles equipment issues, performs rate plan analysis, explains billing and interacts with the Government support center on customer service issues. Please refer to his resume included below for additional detail. Customer Support Team The Business Government Customer Operations ("BGCO") team assigned to the State of Florida is determined by the geographical area of your headquarters location and can be reached toll-free at 800-922-0204. In the event your employees seek assistance after your BGCO team's hours, our standard full-service wireless Customer Care team is available from 8 AM - 9 PM, Monday through Saturday, and 8 AM - 5 PM on Sunday, in each time zone. Customer Care can be reached toll free at 800-922-0204 and airtime -free at *611 from the wireless device. These Customer Care representatives are not specifically trained to support our government accounts, but can address many of your employees' inquiries. If you are experiencing a technical issue with your service or equipment, our wireless technical support staff is available 24/7, 365 days of the year and can be reached toll free at 800-922-0204. Your authorized contact also has the option of contacting your Global Enterprise Advisor/Account Manager for assistance in managing your account. Please refer to the table above for additional information regarding the qualifications and experience of the team assigned to support the DMS contract. End User Training and Support Your Verizon account team can create a training program with your assistance and guidance. This training program could include on-site training at locations across the country, online training currently available by device/application at www.verizonwireless.com and webinars as needed to ensure your employees are comfortable with their new devices and services. On mutually agreed upon days and times, a Verizon account team member can be assigned to your organization's location for additional support and training of your Government Subscribers at no additional charge. If equipment is delivered by a Verizon representative, the account team member can review the basic features of the device, as well as any service features you may be receiving. Alternatively, if equipment is shipped to your organization, your ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 118 of 67 Mobile Communication Services 1021 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work employees always have the ability to contact their account team member in order to receive additional information on any features or services. Please note, your employees can learn about device hardware, software applications, email setup and Smartphone maintenance on their own schedule through our Online Learning Center sessions. There are recorded and/or live sessions available presented via Adobe Connect software. The Online Learning Center can be accessed at littps://www.verizon.com/support/simulators/. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 119 of 67 Mobile Communication Services 1022 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work Organizational Charts Leadership SouthEast Region Government Sales Support ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 120 of 67 Mobile Communication Services 1023 zll Aw. Amu ... . . .... . . IYlttre FWw.*w d wnasvm.bd. R.0,W—J YM, rvwu ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 120 of 67 Mobile Communication Services 1023 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work North/Central Florida Government Sales Support IM ITN No.: DMS -19/20-006 Attachment A: Statement of Work Olt Page 121 of 67 Mobile Communication Services 1024 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work North/Central Florida Government Sales Support ITN No.: DMS -19/20-006 Attachment A: Statement of Work A 'Idd/01/01 Page 122 of 67 Mobile Communication Services 1025 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DMS -1 9/20-006C o.: Attachment B - Final Statement of Work North/Central Florida Government Sales Support ,$) y, . . . pulp wd!mi� ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 123 of 67 Mobile Communication Services 1026 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work South Florida Government Sales Support o IM ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 124 of 67 Mobile Communication Services 1027 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work South Florida Government Sales Support ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 125 of 67 Mobile Communication Services 1028 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work Solutions Architects M ITN No.: DMS -19/20-006 Attachment A: Statement of Work At, Page 126 of 67 Mobile Communication Services 1029 Al, Page 126 of 67 Mobile Communication Services 1029 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work Solutions Engineer ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 127 of 67 Mobile Communication Services 1030 AA IL 4111c411 I ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 127 of 67 Mobile Communication Services 1030 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work Business Government Customer Operations Support ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 128 of 67 Mobile Communication Services 1031 Olt p/i J/h/06- 7 40 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 128 of 67 Mobile Communication Services 1031 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work Letter of Bondability ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 129 of 67 Mobile Communication Services 1032 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _' . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work November 5, 2020 F"lorida Dcpartnient of" Managernent Services 4050 E°splanade Way Suite 1353Y "I'allahassee, 1`132339-0950 Re� Mobile Communication Services To Whorn it May Conceni� Liberly Mutual Insurance (',ompany, a corporation under ffie laws of the State of Mass'achus,etts, with an office and place of"husiness 175 Berkeley Street., Boston, MA 021 q 6, represents Verizon Wireless for surety bonding needs At the present time, Verizon Wireless is �n a fx,)sition w considei- single projects up to $5 within an aggregate Bruit of 5250 Million. The statement of 1hese values, is neither a commitaient nor a Ihnitation ofthe f,)onding capacity of'Verizon Wireless, At the request of Verizon Wireless, Liberty .10LItual Insurance Company will gve favorable ef,',insider,afion to providing the required performance and payment bonds. Please note that the decisiori io issue perfbi'mance and payment bonds is a matter between Verizon Wireless and Liberty Mutual Insurance C'onipany, and will be subJect to Ubevy Mutual Insurance ("'otnpany's standard underwriting at the time of the fimal bond request, which will include but not fimited to the acceptability, cif the contract documents. bond Rn�rns and financing, L,iberty. MlItUal 111SUrarice Company assuines no Hability to Verizon Wireless, third parties or to you iffor any reason Liberty MutiW Insurance ("ornpany dcws not execute said bonds. If you have any questions or need any additional information, please do not hesitate to Contact nle Slnecrely. -Frin %1. Margelis I"'1,,,Noy,i-Resid,entLiceiiseNtimbei�F095788 f. al Mutual Insurance Company A, F AM. Best Financial Size Category X%1 So,,, r � r I yaS ... ITN No.: DMS -19/20-006 Attachment A: Statement of Work MARSH&MCLENNAra COMPAINHES Page 130 of 67 Mobile Communication Services 1033 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 131 of 67 Mobile Communication Services 1034 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work State Cor —t�' �Y 4 Noveriter 5, 2020 Pubc in and ififor said O)uwyand Swe, Tvii&ig twlore nw, a Noixy t1wrein, duly cornwissioned wki sworn, E-sI1221 �M'1190111�� known to rrw to [xAw)rncy, in Fact of Lbwlty Mufuai Vwxance Coagmiy ............. . . the corporaficm ck-sctibed in w)(1 q'itil cx��Muxf (IV withinand fi.xregoiing �nstnirrwnt, wid kncmn lo aw to tv tlie pxrmm who exwtAted Ifie said instrurnent in Ihvhalf of ffir said corrx-wrafion, and lie (ftdy acknoiOvAked to me thal such coqxxatic)n exex,,wed the saam IN WT] NESS WHERUJI"', I have hereunto set my haaO wid affixed Iny offs 'W seal, the (Lay and year�.4jted m this abcwe ITN No.: DMS -19/20-006 Attachment A: Statement of Work Nc%,zy Public ANNA BRATHWAITC Notary Pubkc�Marylsnd F16nce George's County My Cwmmwsson Sxpires Novwrnber 05, 2023 Page 132 of 67 Mobile Communication Services 1035 Dl Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _' ,.0.: DMS -19/20-006C Attachment B - Final Statement of Work Thil ftwer of Aftom" 6ffflds thlearca of ftse named hereln, and fty have ito authority to liberity lehid the Cyowipany except in t ni and to the extent herein stated Mutual. LdbeftY MUhAM finwrance Company TGm Ohio Casuafty nsurwr,ce Company URETY Wqmt Amerlun 4isurance Comp ainy KNOWN ALL PERSONS BY THESE PRESENTS:Tint Tf,,w ZV,,ppo Caumftpi lispgar ce Csr1parij fs a I tTrdar30 6',fq olppwifad under ftne f l of Via S19bi & N&a Koshae nl'ah Awny muli'W Inveante C"xripapty is a caipvalipw mealy w9analej w"dw T'J."o i"irm 0, rhe swe of Maswcnuwns Wid Wfm hirwrVI P'stiran'm "aniparry if, ah wriviecir, duly orgenized anw na, Wws � Imm SiA vi lowbappA (herein coNjIfilody w1w re' Cvivwdel''h' l"usuaid ia jild by avlhocly limn win set tirlh, (hakes helibby wpa, cow,suple ar'e"i apfx?'M mu mteali of �hp cry Of . ......... llvag�il tm__ 01 cipp,%kpo�"a each odvathIARY r), mere be rlon'� .....fag � ng -- with, fulipower and dwholly ipAvebi cippnippirwV0 em-,wpe almd wknowtdg"O' SwWy 6"wul W WITNESS WHEREOF, v% R)wer c0 klvne y has been %AwlJbed ty an 8"Mri"v9d 0: Mcwce otpull of thf Carl Pines a"4 ft Xkfp=,'v W24 ol V,,a Cvrqxapups have bl ®rixell Unamij tm 2ggi day, of MR, NIJ Ldbevly Mutual lerswance Ckn1wivy No Ohio cwou'Vy Cnwwwrce comptorq keep eeW Baer rntaa NOV krencan hvirlywm, D)m;mrry 2 Ave sy� A STATE Of PE?4NSYL'1,1AI,ilA COUNTY OF MONTGOME RY ort tha 300", ea i, p")l MAY, ?r"Jjp' b0ora me, iANwoliv appeved Davpd M Qaarh,who hmnsely lo be he klsawnt SecrpAwy erf Libeq Ir9awif luawfte Gwpany, MCI C48,"'W P onipany,anS WeV, Aneir"n linsw2n,""t, Ciwpan'�' and ihaI lia, ave swich wenn auftwymd so N, do, exew* ft flioatping 0pwwr6'rA Ax ft, '.1Ur'P'ywS rhatepin wbavad d SPArlwvq u, balrallf a'7f !bp rA3r;rn'*W"S tq l AS a ptul)y wlljnrluwh afficar. IN WITNESS WIIEREOF, I have hwevn"'D subv"rDws retry, lania, aid &`Nad: rry i mlpk ml sealklit Kslyi o" alrmwaPejlnsntww 0i" fhe pbyj drid Yew 6,v "abom willon CONSONWULTH OF PENNSYLVANA . ... .. ........ . - - — - - — '019.11w S.01 -1 tw"M Pal wxwy PAA.c 4, /. /A z Me', " �" C111W4y , sy� Ph", ";'I' Mu"m k n""' W�)wch VA'210 2 . ...... . ... Telerat w Wj,,tji,v PlibIlr, Ths sinady, ano exemaeld rhe OpNo CawaltilivoTaine Corrjpvrvp, LtwayMAW lit"'vance Q'w'(pany' y'suraxe C'Dirpany rl we poro o MAI han,lo ansa cffiwl' read'ng as kAffmi AR71CLE Np- OFRCEft Sedivirp 12 Rmw afklo priey Any afftdv rr aidhPf offlcfV 0 ipau ft"O"A pulpase In wtng by 1w, chrman w hhppl P%'uteir ano s,'tawa w �'Mdnbger as dple Chairman V" 6'he iliesplefa inay ppimbe, slno appoirw as InKy ise i Usirf khati`0' tie Caqxapatf"o ,0 make.raxsAS, tee, m,kieWedge voJ delwvly el' w ScJre vy an rd a6 I unde il a pn s, tm Tdi, recqmun ces vji� 01T p %lir eq 0 Nompppools S,, kl,, a va n ippys- i r0wc� 10 0"# 11 90r, s seq kil r m�,nt t r re gpe in vs, paws of amp ne y sh,M, have fAA power &pp Lope the Cio;xxoton by NI w signatwo and ewculor, uk any Such inse nnents au d to attuft Meneto to U!"Y' 010, 4 crqxxabom AN hen V" o4caled, yuch 10"10016MS S11"al be as boding as fsf,"Ginee, by Crpe Prewder, anu al"felso Wo tq Itol Sem retar) Any pmw ,s, vu-NNvy w Xly Of 911'iw^wrptri -tapl uric* [hi, pywnslur,S 01 be rvicked a9 anv tone by hhe Board Via Chaomywn he Prkisgdeni w by Me o/ffimr oro'l%`errs grafarng s n pualet or ail8hlarty' ARTtCLE U, Execul of Contracleiz Sevkyn S Suvty CMos wnl ky ofke'(O the Cclr4mny oulholzed lof I'M purpownwrtng by the rtaalman w 7.he pm"eftfltiwpd subjima to Such kmulppons as ft rftlivrpan' of Ope pmodoni nwy pinew"pi shad oppiny such attw, rxjys,6' Nel, as "pa V be n oppassary, rn a to t'pel nol & tie C pi'npdaMl b M RkA , execk, ke Seal, 01*movAedge ae A Cold o as pejrWy any a,,,A al iki deaska gs , 4.earda arc myytaeariras avid Xhev wlely Such MIUmeysl wbdpyv h aw ltmeawfm� sat yXP M 1pw fespeom wol"I's 01 eror"Y' Clowe Ul pqrmr l'o >et) ffe Coramv by Jp&s grqrwurqk and exeolknf up any 1sxh insuufneras Am to atuw'« n'elew :he M81 of Me Caxnilpaply' When So oxvllbiod Sikh 'fnsurunarfl'%' xhay i* as andri; aha k sqb- ty tio prfaspwn,, and eYm Gird b �( ,lal, v,,p'ww,,w Ceofficsw of D#Siowfion- PTA PpLiOdmt oft'he crmpanly W"Ing pwsu""ml fr, thn ey""'ms Ov'Ali kiiiihfill"es De'e'dM, Clilpy. Asslistari, Secretary togipwa, such aceriv#Sk ,wiftef u rnfa,,i be nil V) aM aq, Udhaff as t,,* Con,4i,IYTV to rmappe, execule, wal, and dcVvie is wa rseC,4 wv� ard Ni, wpiJainakings, borels, v&uq'pzard*r and Whvv sul,wity cb�gobrns Autho4ztitan By unarwipous znwm d bpe liar pseud 5 Pwd cl,4 DT'sclefa the I oqba'y u 1pot Cyir wwie' or vivaileWly rrtx rink eduter Soj'iahjns & My raga slant sea rvtary & hil, Ccerriane , l appoaming upon a certApped copy 0 wj pumv 07 vieaowvy impied tip r la Cnmpany In wiliewDvi l sumptv bord-, dlal8 be vakr� and bwxaArg vpti i'm Compaily wmmi the same 'mrim and effvp:Y as lhau4n palru"01, atirled 1, Renee C Ulewihiyn' 1* Faso marl: Sen'l#ol CAULwpq Mulual hrzarca nar Company, rhe Ob,* Cmiaty lfi.,surwrw Cnimparyy, areal ikft AM0,11,Ms OWan,ce Company ft h141rftw w"10j, shah this pme' ofanofl'Aq axemiled., by redid ciprnpan*'a r, n Uk""ce ar,lepi'd arld has no", bw ramygkl' IN TESTIMONY WHEREOF, Owat h arur,. d wal ny� Compar*s Mils _"5111' day ef tusto'y'� -,Y INS,, %KS 12 1591 .. . . . .. ............ Reiret C, Uov,*Ayn, AsuAwt Sevft,y f M&1'01 NASI,111r PC'A i U14, '>::a WkC I&I, i,,/,14a11, ITN No.: DMS -19/20-006 Attachment A: Statement of Work 9 Page 133 of 67 Mobile Communication Services 1036 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 v` ..DMS -19/20-006C Attachment B - Final Statement of Work ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 134 of 67 Mobile Communication Services 1037 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _, . . DIVIS-1 9/20-006C o.: Attachment B - Final Statement of Work MuttIAL INSURAN(I COMPANY Fr,sA,s(,w sT vulwx'r — DECEMBER M, 2019 Assets, Cash and Bank Deposiu S "775,754 989 43onds -,-- L; S Goticrnmost .. . ..... .. 2,790,808,(,W 100ter BomNi ",641009,79! `Mocks- - , .. ... .. 6,3 9 5,4:; 5,4:S k Real Eswc.- ...... .... ......... .. 235,608 178 Agirms' Btflaintes, oia UncoHo�:wd Prcimurns . 6,217,983,(W Amucid haeresand Rems 102,273,319() Met Achnr ucd Avwts d,957,106,202 Total Achwflfted Asset%.. JQ,5�7%. 1"J'ahilifies, Uizarnod Proniums-, S" 007,H,6,482 Resaga c Cm ("Auinnand Claims Expense 21,532,853,787 Fun,6 Held Undo, neavies, 507A,0�020 Resove 5," DMdvuls ut PofityhoMem .. .. ... ....... [,143,826 Atlifitional SwRaciry, Resinn,e, -- -- ., - G25,722,000 Reserve fix and: (XN-n Uabihfiv- 4, 117,460,0175 ratzi,—,- .... S34.292,195,090 Specud Stuphs, Funth, SYZ,769,443 ql",apitA suv2, , , t0,0(K075 paki m surpkis ... 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N O O x. O O �. Fig 59 Ei4 64 j U O Cac�3 wY—CjU o -C ^C y y ¢ O a O c > U O y cz cd J p s., -C:�a Uo�° o t 4-+ ami CA O U Q y O C OU y ¢ O ci OM 'C m cn Q 'C O U y b�A 00 0 5. N O O x. O O �. Qj R W, c E N Q 0 0 T DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Definitions Access Discount: Government Subscribers are eligible for a 23% access discount on qualified plans and features where noted. Accessory Discount. Government Subscribers are eligible to receive a 25% discount from the retail price of qualifying accessories. Discount Eligible Data Feature(s): Any generally available Verizon Wireless data feature with a monthly access fee of $24.99 or higher, added to an Eligible Calling Plan, that does not prohibit discounts. Discount Eligible Plan(s): Any generally available Verizon Wireless voice, data or M21VI plan with a monthly access fee of $34.99 or higher that does not prohibit discounts. Early Termination Fees ("ETF"): ETFs are waived for Government Subscribers. Equipment: Wireless telephones, data modems and similar devices and ancillary accessories used in conjunction with Wireless Service. Government Subscriber: An employee of Customer utilizing Wireless Service whose account is set up in Customer's name and for which Customer bears payment responsibility. Machine to Machine Service ("M2M Service"): M21VI refers to use of the Wireless Service for the transmission of data between wireless devices and computer servers or other machines, or between select wireless devices, with limited or no manual intervention or supervision M2M Line(s): An individual line of M21VI Service used under this Pricing and Equipment Proposal which is set up in Customer's name and for which Customer bears responsibility. Network Speeds on the Verizon Wireless Network (4G LTE): Uploads: 2-5 Mbps and Downloads: 5-12 Mbps Plans, Features, Rates and Charges: The voice, data or M21VI plan and any options, features or applications that are selected by the Customer determine the applicable rates, charges, allowance of minutes or megabytes and Wireless Service coverage area for each line. Some plans may have restrictions on the type of Equipment that can be activated on them. Information about retail plans, options, features, and applications (i.e., those that Verizon Wireless makes generally available to consumers or business customers) and their terms and conditions may be obtained at Verizon Wireless stores, on verizonwireless.com or from Verizon Wireless business sales representatives. The voice, data or M21VI plan monthly access fees and non -promotional allowance of minutes and/or megabytes for each line will not change during the Line Term as long as Customer does not change plans on that line. As detailed in the contract, rates, charges and fees, listed in Pricing Index may be changed following the formal Amendment process Verizon Wireless may discontinue any retail plans, options, features and applications for new activations without notice. If Customer changes or upgrades Equipment, Verizon Wireless may require it to change to a then -current plan that is compatible with the changed or upgraded Equipment. Customer may not activate Equipment purchase at a discount from Verizon Wireless on M21VI Lines. Government discounts and pricing may not be available to purchases made through agents or at retail store locations. Subsidized Equipment: Equipment purchased at Verizon Wireless government matrix and/or government promotional price. Subsidized Equipment must be active for 24 months or more before being eligible to be upgraded. In the event a Customer purchases a subsidized device and the Customer terminates services early, or moves to a lesser price plan or disconnects the devices from the Contractor's network within twenty-four (24) months of the device activation, the Contractor may bill the Customer for the unpaid portion of the subsidized amount of the device. Term of Lines ("Line Term"): The term for each line (the "Line Term") begins on the date Wireless Service is activated for that line and continues for the period required by the calling plan or Equipment selected for that line (usually 2 years). Line Term extensions are required when Customer: (a) takes advantage of promotions or services that require a Line Term extension; or (b) purchases or upgrades Equipment except for ancillary accessories used in conjunction with Wireless Service. When the Line Term expires, Wireless Service May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 1 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1051 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 continues on a month-to-month basis. Activation fees are waived for Government Subscribers on voice and data plans and for M2M Lines. ThingSpace Mange: ThingSpace Manage ("ThingSpace") provides Customer with the ability to remotely monitor and manage its M2M/IoT devices. If Customer desires to access and use ThingSpace, it must so request in writing, and Verizon Wireless shall provision ThingSpace on Customer's account. Applicable rates and charges, if any, shall be set forth in this Addendum. ThingSpace set-up time is estimated to take four to six weeks. The rights granted to Customer herein for access to and use of ThingSpace are specific to Customer and may not be transferred to another party without Verizon Wireless' prior written consent. Verizon Wireless retains full and exclusive ownership of all intellectual property rights associated with the ThingSpace including any alterations, modifications, improvements and derivative works thereof. Legacy Pricing. All custom plans and features excluding machine -to -machine plans existing under the Agreement prior to the Effective Date of the Agreement ("Legacy Plans"), shall be retired and will no longer be available for new line activations, lines changing plans or lines upgrading Equipment. Verizon Wireless will allow Customer's existing Government Subscribers who are currently on such Legacy Plans to continue at the pricing, terms and conditions contained in such Legacy Plans until the Government Subscriber either changes plans or upgrades Equipment. Wireless Service: Each and every radio service provided directly or indirectly by Verizon Wireless. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 2 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1052 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Custom State of Florida Nationwide Voice Per Minute Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. 200 Text/Picture/Video Message Option No Domestic Roaming or Long Distance Charges 600 Mobile to Mobile Minutes (82587) 600 Night and Weekend Minutes (72711) SOFL Plan Number Monthly Access Charge Per Line Domestic Anytime Voice Voice Per Minute Rate Allowance Minutes Per Month (86680) $0.00 0 $0.049 Optional Features Text, Picture & Video Messaging Per the applicable Custom State of Florida SMS/MMS Per Message Feature rate Domestic Data Sent or Received $1.99 per MB or per Data Package Unlimited Domestic Push To Talk Plus $10.00 Notes: 4G Basic handset devices Only. See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. Must request SMS and/or MMS option to receive 200 included Text/Picture/Video messages option. PTT Plus service requires; PTT Plus feature, PTT Plus enabled device, and PTT Plus coverage. Subscribers must supply their own authenticated Equipment (CPE) to be activated on these plans or may purchase equipment at full retail price. Current coverage details and additional plan information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 5G Nationwide° network, 4G network; and the 3G and 3G Extended networks, while available. For avoidance of doubt, Verizon's 5G Nationwide° network is a separate network from Verizon's 5G Ultra Wideband network. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for Telemetry (M2M) devices only This plan may NOT be used for email SOFL Plan Number Machine to Machine (M2M) Domestic Megabytes (MB) Data Per Megabyte Rate Monthly Access Charge Per Line I Allowance Per Month 1 86693 1 $0.00 1 0 1 $0.099 1 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Subscribers must supply their own authenticated Equipment (CPE) to be activated on these plans. Machine -to -machine coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Current data coverage details and additional plan information can be found at www.verizonwireless.com. Only Customer -provided, 4G -capable machine -to -machine devices may be activated on this plan. If the voice block feature is removed, subscribers will be charged $0.049 per minute for voice calls. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 3 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 053 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4G Basic Phone Push to Talk ■ ■ Only ■ Government SubscribersOnly Push • Talk Plus Only Plan Monthly Access Charge $10.00 Domestic Anytime Voice Minutes Per Month 0 Push to Talk Plus Unlimited Domestic Voice Per Minute Rate $0.049 Data Sent or Received $1.99 per MB or per data package' Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Data usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Push to Talk Plus is only available in the United States. This price plan can only be used with a 3G Basic or 4G Basic PTT+ capable device. See attached Calling Plan and Feature Details for important information about calling plans, features and options. If the voice block feature is removed, subscribers will be charged $0.049 per minute for non -Push to Talk Plus voice calls. 94976 4G Smartphone Phone Push to Talk Plus (PTT+) Only Feature: Government SubscribersOnly Push to Talk Plus Only Feature Monthly Access Charge $10.00 Domestic Anytime Voice Minutes Per Month 0 Push to Talk Plus Unlimited Domestic Voice Per Minute Rate per voice/data plan Data Sent or Received per data package' Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Data usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Push to Talk Plus is only available in the United States. This price plan can only be used with a 3G Basic or 4G Basic PTT+ capable device. See attached Calling Plan and Feature Details for important information about calling plans, features and options. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 4 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 054 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 State of • •. Nationwide Voice Calling Share ' Basic Phones Only Government• •eOnly plansThe calling o additional discounts apply. Monthly Access Charge (shared minutes) $14.99 $29.99 Shared* Domestic Anytime Voice Minutes Per Month 200 500 Overage Rate per minute $0.06 Domestic Night & Weekend Minutes Unlimited Domestic Mobile to Mobile Minutes Unlimited Domestic Long Distance Included Domestic Data (data can be blocked) $1.99 per MB or per data package 4G data blocked. Data package must be selected. OPTIONAL 500 Domestic Text, Picture & Video Messages $0.00 SMS: $0.10 outbound/$0.02 inbound/overage MMS: $0.25 per Picture or Video Message/overage Unlimited Domestic Push -to -Talk Plus (PTT+) $2.00 (device dependent) Unlimited Domestic Picture & Video Messages (SMS/MMS) $10.00 Notes: Coverage area includes the Verizon Wireless 4G network; and the 3G and Extended partner networks, while available. Coverage includes the Verizon Wireless 5G Nationwide® network, 4G network; and the 3G and 3G Extended networks, while available. For avoidance of doubt, Verizon's 5G Nationwide° network is a separate network from Verizon's 5G Ultra Wideband network. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international.See attached Calling Plan and Feature Details for important information about calling plans, features and options. *Voice minutes can share with Nationwide voice and/or voice & data bundle plans that are eligible for sharing. Voice block may be added to these plans to accommodate PTT+ only. Profile Share- Voice Sharing: At the end of each bill cycle, any unused voice allowances for lines sharing across multiple accounts will be applied proportionally to all lines with overages. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 5 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1055 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 State of Florida Nationwide Voice Calling Share Plans: Smartphones Only Government SubscribersOnly plansThe calling o additional discounts apply. Monthly Access Charge (shared minutes) $14.99 $29.99 Shared* Domestic Anytime Voice Minutes Per Month 200 500 Overage Rate per minute $0.06 Domestic Night & Weekend Minutes Unlimited Domestic Mobile to Mobile Minutes Unlimited Unlimited Domestic Picture & Video Messages (SMS/MMS) Included Domestic Long Distance Included Domestic Data Data package must be selected. OPTIONAL Unlimited Domestic Push -to -Talk Plus (PTT+) 1$2.00 (device dependent) Notes: Coverage area includes the Verizon Wireless 4G network; and the 3G and Extended partner networks, while available. For avoidance of doubt, Verizon's 5G Nationwide® network is a separate network from Verizon's 5G Ultra Wideband network. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Lines activating on this plan must be on 5G Nationwide or 4G HD voice -capable smartphones, except that existing lines on 3G smartphones may change to this plan while 3G service is available. See attached Calling Plan and Feature Details for important information about calling plans, features and options. *Voice minutes can share with Nationwide voice and/or voice & data bundle plans that are eligible for sharing. Voice block may be added to these plans to accommodate PTT+ only. Profile Share- Voice Sharing: At the end of each bill cycle, any unused voice allowances for lines sharing across multiple accounts will be applied proportionally to all lines with overages. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 6 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1056 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 WIRELESS VOICE FloridaCustom State of NVoice Calling Plans ationwide The calling plans below reflect the monthly access charge discount. No additional discounts apply. Unlimited National Mobile to Mobile Calling Minutes Unlimited Night & Weekend Minutes . Domestic Roaming Domestic Conventional and Smartphone Devices SOFL Plan Anytime Monthly Access Charge Voice Roaming Number Allowance Overage Rate (Canada and Mexico) Minutes* (86195) 250 $25.75 $0.052 $0.69 (86196) 600 $36.05 $0.052 $0.69 Data Sent or Received $1.99 per MB or per Data Package Optional Domestic Push -to -Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Current coverage details and additional plan information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 5G Nationwide® network, 4G network; and the 3G and 3G Extended networks, while available. For avoidance of doubt, Verizon's 5G Nationwide° network is a separate network from Verizon's 5G Ultra Wideband network. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Lines activating on this plan must be on 5G Nationwide or 4G HD voice -capable smartphones, except that existing lines on 3G smartphones may change to this plan while 3G service is available. *Overage Rate applies after allowance. 4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 7 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 057 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 WIRELESS DATA Custom State of Florida Mobile Broadband Data Plans* The calling plans below reflect the monthly access charge discount. No additional discounts apply. Monthly Access Charge Unlimited Domestic SOFL Plan Per Line Domestic Data Allowance Overage Rate SMS and MMS Number Messaging 86226 $20.60 500M B $0.00849per MB Included 86227 $25.75 1,000MB 86229 $36.05 Unlimited* N/A Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. Current coverage details and additional plan information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 5G Nationwide° network, 4G network; and the 3G and 3G Extended networks, while available. For avoidance of doubt, Verizon's 5G Nationwide° network is a separate network from Verizon's 5G Ultra Wideband network. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Lines activating on these plans must be on 5G Nationwide or 4G mobile broadband devices, except that existing lines on 3G mobile broadband devices may change to these plans while 3G service is available. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice. Can be added to voice plans with a monthly access fee of $14.99 and above. *Router devices cannot be activated on these plans. The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for• • - devices SOFL Plan Monthly Access Charge Unlimited Domestic Number Per Line Domestic Data Allowance Overage Rate SMS and MMS messaging 77294/79789 $15.45 500MB (77295 and $20.60 11000MB 79790) $0.00849 per MB Included* Exhibit (79740 79791) $23.69 2,000M B Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. Current coverage details and additional feature information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 5G Nationwide® network, 4G network; and the 3G and 3G Extended networks, while available. For avoidance of doubt, Verizon's 5G Nationwide° network is a separate network from Verizon's 5G Ultra Wideband network. This feature can only be added onto: SOFL PPlan's 86192-86197. Lines activating on this feature must be on 5G Nationwide or 4G HD voice -capable smartphones. 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans. May only be added to a voice plan with a monthly access fee of $14.99 and above. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 8 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1058 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The calling plan below reflects the monthly access charge discount. No additional discounts Data for Smartphone devices SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Number Per Line (79407-4G), $32.96 (79781-4G Unlimited* N/A Unlimited Domestic SMS and MMS messaging with Mobile Hotsaot Included** Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. Current coverage details and additional feature information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 5G Nationwide® network, 4G network; and the 3G and 3G Extended networks, while available. For avoidance of doubt, Verizon's 5G Nationwide® network is a separate network from Verizon's 5G Ultra Wideband network. This feature can only be added onto: SOFL PPlan's 86192- 86197. Lines activating on this feature must be on 5G Nationwide or 4G HD voice -capable smartphones. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed the 25 GB high- speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5G6 with prior written notice **Not available when bundled with the State of Florida Nationwide Custom Pooled Voice Services Plans. May only be added to a voice plan with a monthly access fee of $14.99 and above. Custom State of Florida 4G Mobile Broadband Data Share Plans for Tablets Government Subscribers Only These plans are Not eligible for monthly access discounts. Monthly Access Fee $10.00 $18.00 $22.00 $35.00 $50.00 (99775) (31781) (36656) (36659) (36660) Domestic Shared Data Allowance 250 MB 1G13 2 GB 5 GB 10 GB Data Overage Rate $9.97 per GB Notes: Current coverage details and additional plan information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Lines activating on these plans must be on 4G tablets except that existing lines on 3G tablets may change to these plans while 3G service isavailable. Data Sharing (Domestic Only): Account Share. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 9 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1059 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Custom State of Florida Unlimited Mobile Broadband Data Plans The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Number Per Line effect until the billing cycle following the change request. New activations on these service plans require 4G LTE devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Plans are able to share with each other. 86229 $36.05 Unlimited* N/A Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice. Routers cannot be activated on this plan. Public Sector Mobile Broadband Share Plans: Government Subscribers Only The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public Sector.• ..... . 5 Gigabytes1 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90237) $59.99 (90240) $99.99 (90241) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. New activations on these service plans require 4G LTE devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Plans are able to share with each other. Flexible Business Plans ForBasic & Smartphones The calling plans below reflect the monthly access Basic Phones* � fee discount. No additional discounts apply. Monthly Access Fee $35.00 (92731) $65.00 (92732) . . $75.00 $85.00 (92737) $95.00 $105.00 (92736) (92738) (92740) Monthly Access Fee less discount $26.95 $50.05 $57.75 $65.45 $73.15 $80.85 Shared Data Allowance 100 MB 2 GB 4 GB 6 GB 8 GB 10 GB Data Overage $10.00 per GB Mobile Hotspotz Included Monthly Anytime Minutes Unlimited Messaging Allowance Unlimited Domestic and International Messaging Optional Domestic Push to Talk Plus Additional monthly access fee per line $5.00 per line Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. No Domestic Roaming or Long Distance Charges. 4G service requires 4G Equipment and 4G coverage. Government subscribers only. * Basic phones may only be added to an account with at least 1 Smartphone (bill account level). 1. Access to corporate email using BlackBerry Enterprise Server (BES) is available for an additional $15.00 per line. 2. Mobile Hotspot is available on all capable devices and allows you to use your device and share data allowance with multiple Wi-Fi enabled devices. 3. Unlimited Messaging from within the United States to anywhere in the world where messaging services are available. Data Sharing: Lines activated on these plans can only share with other lines on these plans and with lines on the Flexible Business Plans for Data Devices. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 10 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1060 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 FlexibleBusiness Plans ForData D -vices - Connected D -Voice The calling plans below reflect the monthly access fee discount. No additional discounts apply. Connected Device* Broadband Router Monthly Access Fee $5.00 $65.00 $75.00 $85.00 $95.00 $105.00 (94532) (94495) (94496) (94497) (94500) (94504) Monthly Access Fee less discount $5.00 $50.05 $57.75 $65.45 $73.15 $80.85 Shared Data Allowance 1 MB 2 GB 4 GB 6 GB 8 GB 10 GB Domestic Data Overage Rate $10.00 per GB Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. 4G service requires 4G Equipment and 4G coverage. Government subscribers only. Data Sharing: These plans only share with other lines on these plans and with lines on the Flexible Business Plans for Basic & Smartphones. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 11 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1061 FlexiblePlans ForData Devices The calling plans below reflect the monthly access fee discount. No additional discounts apply. Connected Connected Devices, Connected Devices, Tablets, Netbooks, Notebooks, Jetpacks, USBs, Tablets, Netbooks, Devices Mobile Broadband Devices Notebooks $5.00 $10.00 $35.00 $45.00 $55.00 $65.00 $75.00 Monthly Access Fee (92739) (92741) (92742) (92744) (92745) (92746) (92747) Monthly Access Fee less $5.00 $10.00 $26.95 $34.65 $42.35 $50.05 $57.75 discount Shared Data Allowance 1 MB 100 MB 2 GB 4 GB 6 GB 8 GB 10 GB Data Overage Rate $10.00 per GB Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. 4G service requires 4G Equipment and 4G coverage. Government subscribers only. Data Sharing: These plans only share with other lines on these plans and with lines on the Flexible Business Plans for Basic & Smartphones. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. FlexibleBusiness Plans ForData D -vices - Connected D -Voice The calling plans below reflect the monthly access fee discount. No additional discounts apply. Connected Device* Broadband Router Monthly Access Fee $5.00 $65.00 $75.00 $85.00 $95.00 $105.00 (94532) (94495) (94496) (94497) (94500) (94504) Monthly Access Fee less discount $5.00 $50.05 $57.75 $65.45 $73.15 $80.85 Shared Data Allowance 1 MB 2 GB 4 GB 6 GB 8 GB 10 GB Domestic Data Overage Rate $10.00 per GB Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. 4G service requires 4G Equipment and 4G coverage. Government subscribers only. Data Sharing: These plans only share with other lines on these plans and with lines on the Flexible Business Plans for Basic & Smartphones. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 11 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1061 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 FlexibleBusiness Plans ForData D -vices - Connected D -Voice The calling plans below reflect the monthly access fee discount. No additional discounts apply. Connected Device* Broadband Router Monthly Access Fee $5.00 $65.00 $75.00 $85.00 $95.00 $105.00 (94532) (94495) (94496) (94497) (94500) (94504) Monthly Access Fee less discount $5.00 $50.05 $57.75 $65.45 $73.15 $80.85 Shared Data Allowance 1 MB 2 GB 4 GB 6 GB 8 GB 10 GB Domestic Data Overage Rate $10.00 per GB Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. 4G service requires 4G Equipment and 4G coverage. Government subscribers only. Data Sharing: These plans only share with other lines on these plans and with lines on the Flexible Business Plans for Basic & Smartphones. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. Custom State of Florida Nationwide Wireless Smartphone Data Plan with Mobile Hot Spot The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for. . devices only Data Allowance with Unlimited Domestic Mobile to Monthly Access Charge Per Line Mobile Hot Spot (MHS) Nationwide Calling Rate Mobile, Nights and Weekends, and SMS and MMS Messaging $35.99 (93445) Unlimited* $0.052 per minute Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 12 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1062 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The calling plans below reflect the monthly access charge discount. No additional discounts apply. Mobile Broadband Machine -to -Machine Plans I Megabyte 5 Megabytes. • Megabytes 150 Megabytes Domestic Shared Data Allowance Per Month 1 MB (87640) 5 MB (87641) 25 MB 50 MB 150MB (87642) (87643) (87644) Monthly Access Charge $5.00 $7.00 $10.00 $15.00 $18.00 Overage Rate Per Megabyte $1.00 Mobile Broadband Machine to Machine (M2M) Share Group 2 Plans - High Usage The calling plans below reflect the monthly access charge discount. No additional discounts apply. Mobile Broadband Machine -to -Machine Plans 250 Megabytes I Gigabyte 5 Gigabytes 10 Gigabytes Domestic Data Allowance Per Month 250 MB (87645) 1 GB (87646) 5 GB (87647) 10 GB (87648) Monthly Access Charge $20.00 $25.00 1 $38.50 $61.60 Overage Rate Per Megabyte $0.015 Note: Machine to Machine coverage included the Verizon Wireless 4G, 3G and 3G Extended networks. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Government Subscribers may supply their own authenticated Equipment (CPE) approved by Verizon Wireless to be activated on these plans. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. 4G service requires 4G Telemetry equipment and 4G coverage. All terms and conditions of the Agreement apply to M2M service and M2M Lines as a Wireless Service. Customer may select either the Account Share or Profile Share option on the Mobile broadband Machine -to -Machine (M2M) Share Plans. Machine • Machine Wireless Backup Router Plan This Plan is NOT eligible for Monthly Access Fee Discounts. Monthly Access Data Allowance Overage Rate $10.00 25 MB $10.00 per GB (86848-4G) Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle Note: This plan is restricted to Verizon Wireless network use only; domestic and international roaming not available.. 4G service requires 4G equipment and 4G coverage. Customer must maintain a minimum of five (5) active M2M Lines to be eligible for this plan. Customer must provide its own Equipment, approved for use on the Verizon Wireless network, when activating service on this plan. Not all wireless routers can be provisioned on this plan. This plan is approved for use as a backup solution for business continuity only and may not be used for primary connectivity. Verizon Wireless reserves the right to migrate lines on this plan to the standard 5 GB M2M Plan if usage on a line provisioned on this plan exceeds one GB for three consecutive bill cycles. Public Sector Mobile Broadband Machine to Machine (M2M) Share Plans: Government Subscribers Only The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public Sector Mobile Broadband 5 Gigabytes 10 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90231) 1 $59.99 (90234) 1 $99.99 (90235) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. New activations on these service plans require 4G LTE devices. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Machine to Machine Plans are able to share with each other. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 13 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1063 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Monthly Access Fee $34.99 Domestic Data Allowance* Unlimited Overaee Rate oer KB NA NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and Smartphone data Plans. Throughput speeds on the Custom Flat Rate Mobile Broadband will be limited up to 600kbps throughout the duration of each billing cycle while on the Verizon Wireless 4G network only. Data speeds are not guaranteed while on Extended or roaming partner networks. Devices utilized in conjunction with the Custom Flat Rate Mobile Broadband plan are limited to mobile (non -stationary) applications. Dedicated internet connections on stationary router devices and streaming video on stationary video surveillance cameras are expressly prohibited on this rate elan. Custom Mobile Broadband Plan 11 — Government Government Subscribers Only This plan is not. •r monthly access fee discounts. Monthly Access Fee $44.99 Domestic Data Allowance Unlimited Overage Rate Per KB NA NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and Smartphone data Plans. Verizon Wireless will limit throughput of data speeds should 30GB of data be used within a given bill cycle. Devices utilized in conjunction with the Custom Mobile Broadband Plan II are limited to mobile (non -stationary) applications. Data speeds are not guaranteed while on Extended or roaming partner networks. Dedicated internet connections on stationary router devices and streaming video on stationary video surveillance cameras are expressly prohibited on this rate plan. Custom 4G Verizon Unlimited Smartphone Plan for Public Sector Government Subscribers Only The calling plan below reflects the monthly access fee discount. No additional discounts apply. Only 4G LTE GSM/UMTS global -capable smartphones can be activated on this plan. Monthly Access Fee (Discount Applied) $50.05 Monthly Minutes in U.S Unlimited Domestic Data Allowance Unlimited' Domestic Mobile Hotspot Unlimited Domestic and International Messaging Allowance Unlimited3 Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. (1) In the event of network congestion, after 22GB of data usage on a line during any billing cycle, usage on such line may result in slightly slower download speeds relative to another user. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at 480p. (2) Mobile Hotspot is available on all capable devices and allows Corporate Subscribers to use their device and share data allowance with multiple Wi-Fi enabled devices. If 10GB of Mobile Hotspot data usage is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds for additional usage for the remainder of the then -current billing cycle for the line that exceeds the data usage. (3) Unlimited Messaging from within the United States to anywhere in the world where messaging services are available. For other messaging rates go to www.verizonwireless.com. (13656) The "Custom 4G Unlimited Smartphone Plan for Public Sector— State of Florida Government" is eligible to use Travel Pass SPO code 383. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 14 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. —1064 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Monthly Access Fee $10.00 Notes: Coverage includes the Verizon Wireless 5G Ultra Wideband (UWB) network, where available. Current coverage details can be found at www.verizonwireless.com/5G. This feature is only available to 5G UWB capable smartphones on Custom Unlimited Business Plan for Smartphones. (13656) Canada and Mexico Daily Rate $5.00 (SPO 383) Rest of World Daily Rate 2,3 $10.00/day Non -Travel Pass Countries' Pav As You Go Rates 1 2 3 Notes: This feature requires a 4G LTE GSM/UMTS global -capable device. The daily rate covers a 24-hour time period. For eligible countries, 4 non-TravelPass country rates and additional information, see attached International services pricing for further details. For voice -capable devices, this feature may be added to plans that have an unlimited voice and messaging allowance and an unlimited or capped data allowance using the account share option. For data usage in Canada and Mexico and all Rest of World TravelPass countries, after the first 512 MB of usage in a day, throughput speeds for additional usage will be reduced for the remainder of the day. All data usage decrements from the domestic data allowance when added to a capped allowance plan. Verizon Wireless will terminate a line if more than half of the usage over three consecutive billing cycles is outside of the United States, following 30 days' notice to Customer. This feature can only be added to lines activated on the following plan Custom 4G Verizon Unlimited Smartphone Plan for Public Sector (13656) under this Agreement. This is a commercially available feature which is subject to availability and change. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 15 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1065 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 GLOBAL SERVICES International •. ... The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly 140+ Countries InternationalOptions Monthly 0 Voice Minutes • Voice 100 Voice 250 Voice 500 Voice CanadaFeatures: Mexico and Minutes Minutes Minutes Minutes Monthly Access Fee $10.00 (SPO $20.00 (SPO $15.00 (SPO $30.00 (SPO $25.00 (SPO 443) 428) 426) 441) 425) Data Allowance' Monthly Access Fee less $10.00 $20.00 $15.00 $22,50 $18.75 discount Messaging Allowance Pay Go 100 sent; unlimited Voice Overage Rate Pay Go $0.10/minute $0.05/minute Data Allowance' 100 MB 250 MB 100 MB 250 MB 1 GB Data Overage Rate After $10.00/100 MB $20.00/1 GB Allowance Notes: .'The data allowance applies in 140+Countries, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and an International GSM capable device. ZThe overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the 100 sent; 250 sent; 500 sent; Messaging Allowance' Pay Go unlimited unlimited unlimited incoming incoming incoming Messaging Overage Rate After Pay Go $0.10/Sent Message $0.05/Sent AllowanceZ Message Notes: .'The data allowance applies in Canada and Mexico only, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and an International GSM capable device. ZThe overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming see attached International services pricing for further details.. This is a monthly feature and will be removed from the account one month after being added to an account. InternationalOptions Monthly41Countries The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly 140+ Countries Monthly Access Fee $25.00 (SPO 431) $50.00 (SPO 433) $40.00 (SPO 445) $85.00 (SPO 423) Monthly Access Fee less $18,75 $37.50 $30,00 $63,75 discount Voice Overage Rate Pay Go $0.25/minute Data Allowance' 100 MB 250 MB 100 MB 250 MB Data Overage Rate After $25.00/100 MB Allowance Messaging Allowance Pay Go 100 sent; unlimited 250 sent; unlimited incoming incoming Messaging Overage Rate After Pay Go $0.25/Sent Message AllowanceZ Notes: .'The data allowance applies in 140+Countries, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and an International GSM capable device. ZThe overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming see attached International services pricing for further details.. This is a monthly feature and will be removed from the account one month after being added to an account. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 16 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1066 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 International Options Monthly Recurring Features: Mexico and Canada The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly 100 Voice 250 Voice 500 Voice Recurring Features: Mexico and 0 Voice Minutes 0 Voice Minutes Minutes Minutes Minutes Canada $10.00 $20.00 $15.00 $30.00 $25.00 Monthly Access Fee (SFO 427) (SFO 446) (SFO 434) (SFO 424) (SFO 442) Monthly Access Fee less $10.00 $20.00 $15.00 $22.50 $18.75 discount Voice Overage Rate Pay Go $0.10/minute $0.05/minute Data Allowance' 100 MB 250 MB 100 MB 250 MB 1 G Data Overage Rate After $10.00/100 M B $20.00/1 GB Allowance 2 100 sent; 250 sent; 500 sent; Messaging Allowance' Pay Go unlimited unlimited unlimited incoming incoming incoming Messaging Overage Rate After Pay Go $0.10/Sent Message $0.05/Sent Allowance' I Message Notes: 'The data allowance applies in Canada and Mexico only, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2 The overage rate is not eligible for discounts. 'Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming see attached International services pricing for further details.. This is a recurring feature and will remain on the account until removed. International Options Monthly Recurring Features: 140+ Countries The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Recurring Features: 140+ 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes Countries Monthly Access Fee $25.00 (SFO 412)$50.00 (SFO 432) $40.00 (SFO 444) $85.00 (SFO 422) Monthly Access Fee less $18.75 $37.50 $30.00 $63.75 t discount Voice Overage Rate Pay Go $0.25/minute Data Allowance' 100 MB 250 MB 100 MB 250 MB Data Overage Rate After $25.00/100 MB Allowance' Messaging Allowance' Pay Go 100 sent; unlimited 250 sent; unlimited incoming incoming Messaging Overage Rate After Pay Go $0.25/Sent Message Allowance' Notes: 'The data allowance applies in 140+ Countries, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2 The overage rate is not eligible for discounts .3M ultimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming see attached International services pricing for further details.. This is a recurring feature and will remain on the account until removed. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 17 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales I representative for additional information. @Verizon2021. -1067 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Data Packages are eligible for monthly access fee discounts and promotions, when available. N/A I N/A I $2.05/MB I $5.12MB I $20.48/MB Notes:. See Calling Plan Optional Features section for important information about calling plans, features and options. Applies to all global -capable phones and internet devices. Customer must subscribe to a domestic Mobile Hotspot plan to use the service globally. The majority of your monthly usage must be in the United States. All data usage, including tethering and hotspot, deducts from the same data allowance. See attached International services oricine for further details. for Enterprise Domestic Shared Business Email and Messaging with InternationalSingleRate • and Messaging Government Subscribers Only This plan is not eligible Monthly Access Fee $65.00 (4G) 95266 $85.00 (4G ) 95268 Monthly Domestic Voice Allowance in Unlimited Unlimited US/Canada/Mexico Domestic Data Allowance in U.S. (with Sharing) 2 GB 3 GB Domestic Data Overage Rate $10.00 per GB $10.00 per GB Mobile Hotspot* Included Included Domestic and International Travel Unlimited Unlimited Messaging Allowances International Travel Voice Allowance (ROW)** 120 Minutes 180 Minutes International Travel Voice Overage Rate $0.40 per minute $0.30 per minute International Travel Data Allowance" 1 GB 1 GB International Travel Data Overage Rate $45.00 per GB $40.00 per GB International Long Distance —Toll Free Included Included Notes: Current coverage details and additional plan information can be found at www.verizonwireless.com. Domestic coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Only a 4G LTE GSM/UMTS global -capable smartphone can be activated on these plans. "The international travel data allowance applies in Canada, Mexico, and the **rest of the world (ROW), where coverage is available; aircraft and cruise ship data usage is not included. To see supported countries, go to www.verizonwireless.com/international. *Mobile Hotspot is available on all capable devices and allows a line to share its data allowance with multiple Wi-Fi enabled devices. International travel voice minutes and international travel data allowances do not share. +Prevailing rates apply to all other messaging types. Verizon Wireless reserves the right to terminate a line if more than half of the usage over three consecutive billing cycles is outside of the United States, following 30 days' notice to the customer. Data Sharing (Domestic Only) Profile Share: Lines on the same profile can share data. At the end of each billing cycle, any unused data allowances for lines sharing across multiple accounts will be applied proportionally to lines with an overage. Any remaining overage will be billed in KBs. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 18 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1068 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ADDITIONAL I L FEATURES FloridaCustom State of SMS/MMS Messaging Features The calling features below reflect the monthly access charge discount. No additional discounts apply. Picture or Video devices SOFL Plan Monthly Access Domestic Message Allowance Overage Rate Number Charge Per Line 77328 $2.00 300 messages $0.05 per message 77341 $3.00 500 messages 77329 $7.00 Unlimited N/A Text Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Overage Rate applies after allowance. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25C per message sent and 20C per message received, see attached International services pricing for further details.;. Multi -Media Messaging (MMS): Multi -Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. Messaging features are available to all Basic and Smartphone voice, and voice and data bundles. The calliniz plans below reflect the monthly access charge discount. No additional discounts Limited Basic Pro* $9.99 per user $20.00 per user $25.00 per user Monthly Access Charge (75681 for Basic and (76722 - Basic) (76723 - Basic) Smartphone) (76637—Smartphone) (76638—Smartphone) Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Field Force Manager ("FFM") Features may only be added onto a Custom State of Florida calling plan with a monthly access fee of $20.00 or higher. Data plan required. Requires a minimum 500 MB Data Package for Smartphones. FFM is available on select devices only. *FFM Pro is not available on all devices. If the Block Voice Feature is removed, a per minute rate of $0.25 shall apply for all voice calls. Downloading the FFM application reauires approximately 2 MB (meRabvtes) of data. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 19 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1069 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Push to Talk Plus License (PTT+): Government Subscribers Only Push to Talk License licenses are not eligible for any further discounts. Product Tablet $3.75 Inter -carrier (only any device) $3.75 3rd Party Web (HTML) API Client $3.75 Dispatch (License) Windows PC with PTT and $22.50 mapping Notes:. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Push to Talk license only. Push to Talk Plus requires PTT+ capable device. Land Mobile Radio (LMR) for PTT+ : Government Subscribers Only Push to Talk Plus service is required. LMR licenses are not eligible for any further discounts. Product LMR Channel per account $0.00 Notes: Customer may have multiple channels. LMR FEATURE Only ...-. Device with ' Basic/Smartphone Devices (FEATURE) 1 $4.50 (85280) Notes: LMR cannot be added to any device without Domestic Push to Talk Plus. Push to Talk Plus requires PTT+ capable device. LMR License bundled with PTT+ License Tablet $8.25 Inter -carrier (any device) $8.25 3rd Party Web (HTML) API Client $8.25 Notes: . See attached Calling Plan and Feature Details for important information about calling plans, features and options. Land Mobile Radio (LMR) Interoperability works with all PTT+ capable devices. To use PTT+, Customer needs a PTT+feature (or a software license for tablets and dispatch) and a PTT+ compatible device. An Internet Protocol (IP) link is required to connect Verizon's PTT+ service with the customer's LMR network through the "IP Gateway". By purchasing the Land Mobile Radio for PTT+ Customer consents to the tracking of Land Mobile Radio for PTT+ equipment and must obtain authorized consent to tracking from all users and affected persons. No guarantee of accuracy of information transmitted, disclosed, displayed or otherwise conveyed or used. Service could be interrupted or disrupted due to atmospheric conditions, inaccurate ephemeris data and other factors associated with use of satellites and satellite data. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 20 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1070 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 PTT+ LMR Interoperability Deployment Services. The below services provide for the integration and deployment of Verizon PTT+ with a customer's LMR network based on either a ROIP (Radio Over IP) or ISSI (Inter Sub -System Interface) LMR network architecture. Radio Over Internet Protocol (ROIP) and Inter Sub -System Interface (ISSI) Virtual Deployment Additional Discounts Not to Apply for Virtual Deployments. Price *Virtual Provided Up to 4 Software Deployment Provided Via Project Configuration Testing of Talk type Plan Id and Via Email phone Management of Equipment Equipment Groups Description Onetime Fee $2,500 ROIP 623458: Assisted PTT+/LMR Included Not Not Included Not Included Not Not Virtual Assisted Included Included Included Deployment Install: ONE TIME Onetime $8,000 ROIP 623459: Managed PTT+/LMR Included Included Included Included Included Included Virtual Managed Deployment Remote: ONE TIME Onetime Fee $25,000 ISSI Managed 623461: Virtual PTT+/LMR Included Included Included Included Included Included Deployment Managed Plus P25: ONE TIME Note: *Customer must select a type of Virtual Deployment; selection cannot be mixed and/or matched. Customer must also purchase separately a ROIP gateway and cables. Customer must physically install the gateway and provide Virtual Private Network ("VPN") connectivity to the gateway. In addition, Customer must purchase an associated Land Mobile Radio ("LMR") feature and associated authorizations. Virtual Deployments include on -boarding one single facility, accessible by Customer site to site VPN (Verizon Wireless will not go on-site for any Virtual Deployment). Warranty: Verizon Wireless makes no warranties, express or implied, with respect to ROIP or ISSI Virtual Deployment which it provides to Customer on an "AS IS" basis "WITH ALL FAULTS" and "AS AVAILABLE." The accuracy, timeliness, completeness, suitability, or availability of any aspect of ROIP or ISSI Virtual Deployment cannot be guaranteed. THE IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED IN THEIR ENTIRETY. ROIP Assisted Virtual Deployment Customer Requirements: May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 21 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1071 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Physical Installation and configuration. VPN turn up capability (IP Network expertise). Assign a single point of contact. Access to add network elements to Customer's network (IT administration). Purchase and configure ROIP Gateway(s) and cables for connected LMR. Provide mobile radio for connectivity to each channel connected to ROIP Gatewav(s). Assign individual to receive and program ROIP Gateway(s) (The customer must have an acute knowledge on how to program land mobile radio Provide VPN peer details. equipment). Virtual Deployment provided: ROIP Assisted Virtual Deployment is only provided via email. Requests for deployment assistance can be reached at KODVZLMRSupport@motorolasolutions.com. ROIP Assisted Virtual Deployment ends once a successful configuration and functional test occur: A successful configuration for ROIP and ISSI occurs when: • Backhaul connectivity successfully verified with IP gateway VPN • Two-way traffic observed inside backhaul interface • LMR Group Mobile Directory Number's (MDN) ordered and recorded A successful functional test occurs when based on the following criteria: RoIP Virtual Deployment: • Verizon Push to Talk (PTT) Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to RoIP Gateway successful • RoIP Gateway originated group calls to Verizon PTT Plus Service successful ISSI Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to ISSI Interconnect successful • Talker ID Alias of LMR Group MDN observed on Verizon Push to Talk Plus Service handsets when LMR User is speaking ROIP Managed Virtual Deployment and ISSI Managed Virtual Deployment Virtual Deolovment Includes: Working with Customer to engineer network Engage with Customer on VPN solution completion segments for ROIP Develop milestones Verify Customer is configured in PTT Plus Service Finalize ROIP Gateway tuning settings including Project manage critical milestones latency and call setup timers based on Customer's network. Present final design Validate all configuration steps of the IP Gateway Define technical parameters for VPN Configure ROIP Gateway(s) Requests for managed deployment assistance can be reached at: Phone Requests: (469) 476-0820 Email Requests: KODVZLMRSupport@motorolasolutions.com. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 22 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 072 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Customer Requirements: Customer shall be required to do the following: ROIP Managed Virtual Deployment and ISSI Managed Virtual Deployment end once a successful configuration and functional test occur: A successful configuration for ROIP or ISSI occurs when: Backhaul connectivity successfully verified with IP gateway VPN Two-way traffic observed inside backhaul interface LMR Group MDN(s) ordered and recorded A successful functional test occurs when based on the following criteria: Ro1P Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to Rollo Gateway successful • RoIP Gateway originated group calls to Verizon PTT Plus Service successful May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 23 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1073 Provide mobile / portable radio for connectivity to Assign a project Single Point of Contact. each channel connected to ROIP Gateway(s). Backhaul Technology Selection. Manage schedule and report availability for turn up. Approve necessary authorizations to be billed to the Provide VPN Peer Details. account. Order IP Gateway. Review designs. Provide resulting LMR Group MDN authorization Complete Site Survey Web Form. numbers assigned in Enterprise Contact Management (ECM) Tool to Verizon. Approve the one-time Virtual Deployment charges Physical Installation. for managed install. Build Talk Groups in PTT+ online portal Enterprise Contact Management (ECM), including ROIP Gateway Configure VPN on local network to data center. authorization. Customer to confirm the required networking Assign single point of contact for VPN configuration. elements completed. Configure network elements as needed (if sourced Assign individual to receive ROIP Gateway(s). as a part of project). Access to add network elements to Customer's Test and successfully complete calls between Push network. to Talk Plus Service and the LMR network. Purchase separately ROIP Gateway(s) and cables for connected LMR. ROIP Managed Virtual Deployment and ISSI Managed Virtual Deployment end once a successful configuration and functional test occur: A successful configuration for ROIP or ISSI occurs when: Backhaul connectivity successfully verified with IP gateway VPN Two-way traffic observed inside backhaul interface LMR Group MDN(s) ordered and recorded A successful functional test occurs when based on the following criteria: Ro1P Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to Rollo Gateway successful • RoIP Gateway originated group calls to Verizon PTT Plus Service successful May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 23 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1073 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ISSI Virtual Deployment: Verizon PTT Plus Service has LMR linked group published over the air to handsets Verizon PTT Plus Service originated group calls to ISSI Interconnect successful Talker ID Alias of LMR Group MDN observed on Verizon PTT Plus Service handsets when LMR User is speaking Name ID Features The features below reflect the monthly access charge discount. No additional discounts apply Feature Monthly Access Share Name ID* $0.00 Company Name ID $1.99 per line Note: Depending upon the service provider and/or carrier to which the called party is subscribed, the called party (terminating device) may or may not be able to view the caller's name. The Call Filter Plus feature is purchased separately. Company Name ID • Allows Government customers to display their agency name, number and logo on outbound calls on a line -by-line basis to Verizon Call Filter Plus subscribers. It may also display on other carrier devices. • The Logo display service is compatible only with Android Devices. • Users must be subscribed to the My Business portal to use this feature. Share Name ID • A free service that allows Government customers to personalize their name (as per Account Owner's Billing Name) on outbound calls to Verizon Call Filter Plus subscribers. It may also display on other carrier devices. . 1. Users must be subscribed to the My Business portal to use this feature. Monthly Access Feel 1 $0.75 Notes: Additional feature information is attached hereto . 'This feature can only be added onto an eligible device. Call Filter service is eligible for Android and iOS customers when they enroll and activate on a smartphone device. Call filter is not available on all call, all devices and in all areas. The Call Filter app is pre -loaded on most capable devices or can be downloaded from the app store. * Once enabled all lines have the ability to access call filter. Call filter features are billed separately: however, all supported options will appear and cannot be blocked. Monthly Access Feel ff Notes: Additional feature information is attached hereto. 'This feature can only be added onto an eligible device. Call Filter service is eligible for Android and iOS customers when they enroll and activate on a smartphone device. Call filter is not available on all call, all devices and in all areas. The Call Filter app is pre -loaded on most capable devices or can be downloaded from the app store. * Once enabled all lines have the ability to access call filter. ** 4G LTE GSM/UMTS capable devices, require VoLTE/HD Voice. Call filter features are billed separately; however, all supported options will appear and cannot be blocked. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 24 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1074 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ENHANCED SERVICES AND SOLUTIONS Unlimited4G Smartwatch with NumberShare 1 Plan - Government eligibleThis plan is not . Monthly Access Fee $10.00 (13413) Domestic Anytime Minutes Unlimited Domestic Data Allowancez Unlimited Domestic and International MessagingAllowance3 Unlimited Notes: This plan is for use only in the United States on the Verizon Wireless 4G network. When NumberShare is active on a 4G Smartwatch, certain services will not work on the Smartwatch device including: Call Forwarding, No Answer Transfer, Busy Transfer, Caller Name ID, Voicemail (access voicemail on the Smartwatch device by dialing the host smartphone number and pin)), and RingBack Tones. Calls and messages to/from blocked contacts will not be blocked on the Smarthwatch when NumberSharing with a host smartphone. Verizon does not guarantee that NumberShare will work at all times in every situation and the service works only with eligible devices. 1. Only lines on select smartwatches with the NumberShare service can be activated on this plan. Certain conditions must be met prior to activation. This plan can only be used when paired with a Verizon Wireless Smartphone that has unlimited data. 2. Usage may be prioritized behind other customers in the event of network congestion. Verizon Mobile Device Management (MDM): Government Subscribers Only Verizon MDM is not eligible for the monthly access charge discount. No additional discounts apply. Verizon Enterprise Firmware Over the Air (FOTA) Management' $0.00 (license requirement with service) Device Diagnosticsz $0.99 / per device per month $1.49 / per device per month Broadband Hotspot Management3 OR $15.00 / per device per year $1.00 / per device per month Unified Endpoint Management OR $10.00 / per device per year Notes: See attached Calling Plan and Feature Details for important information about calling plans, features and options. MDM supports select devices and operating systems and may require installation of a software agent. MDM features are billed separately; however, all supported options will appear and cannot be blocked. Due to a number of features that require HTML 5, Verizon MDM requires Internet Explorer Version 10 and above to work efficiently. 1 Enterprise Firmware Over the Air (FOTA) Management supports Android devices, including Jetpacks and USB devices. z Device Diagnostics supports Verizon Android devices operating on OS 4.0 and higher excluding Apple IOS and Google Pixel/Nexus Devices. 3 Broadband Hotspot Management currently supports the MiFi 7730L, AC791L, Jetpack MiFi 6620L, and USB730L. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 25 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1075 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 • •(Software Annual Subscription License Bundle Annual Subscription License Bundle per User and Direct per Device and Direct Support Support (3 Devices per User) One-TimeType Description/SKU Monthly Annual Cost Cost Cost One -Time Cost Cost Cost Mobilelron Core (on- Mobilelron Core (on - premise) EMM Silver premise) EMM Silver per Device Perpetual per User Perpetual License Silver License $56.25 $82.50 License SKU: MlCore Silver Per User SKU: MlCore Silver Per Perpetual License Device Perpetual License Maintenance Support for Maintenance Support Mobilelron Core (on- Mobilelron Core (on - premise) EMM Silver premise) EMM Silver Silver per Device Perpetual per User Perpetual License Support License $0.94 $11.25 $1.38 $16.50 (REQUIRE SKU: Maintenance Support D) SKU: Maintenance MlCore Silver Per User Support MlCore Silver Perpetual License Per Device Perpetual License Mobilelron Core (on- Mobilelron Core (on - premise) EMM Gold premise) EMM Gold per Device Perpetual per User Perpetual License Gold License $82.50 $123.75 License SKU: MlCore Gold Per User SKU: MlCore Gold Per Perpetual License Device Perpetual License May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 26 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1076 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 PROFESSIONAL Maintenance Support Support and Maintenance Included License .- D- One-time Silver MlCore Silver Installation $3,000.00 Maintenance Support Gold MlCore Gold Installation $6,000.00 Mobilelron Core (on- Platinum MlCore Platinum Installation Mobilelron Core (on - M I-PS-DEPLOY3 premise) EMM Gold Remote Technical Product Up to six (6) hours of training on the features of Mobilelron software premise) EMM Gold (e.g. customization, configuration and support) typically divided into $1,500.00 Gold per Device Perpetual Note. Customer must choose one License Type; selection cannot be mixed and/or matched. lA minimum of 500 Mobilelron licenses are required for On -Premise (Core) for initial order for new Mobilelron Customers. 2On-premise (Core) requires integration and setup with per User Perpetual License installing/integrating the Mobilelron platform. Pricing above applies to the installation of up to 5,000 Mobilelron licenses. If Customer installation requires more than 5,000 Mobilelron licenses, Mobilelron Premium Implementation Services may apply which provides advisory services and an implementation engineer at a cost of $25,000.00 to manage large scale deployments; alternatively, Customer may use its own Support License $1.38 $16.50 $2.06 $24.75 (REQUIRE SKU: Maintenance Support D) SKU: Maintenance MlCore Gold Per User Support MlCore Gold Per Perpetual License Device Perpetual License Mobilelron Core (on - premise) EMM Platinum Mobilelron Core (on - per Device Perpetual premise) EMM Platinum Platinum License $105.00 per User Perpetual License $157.50 License SKU: MlCore Platinum SKU: MlCore Platinum Per Per Device Perpetual User Perpetual License License Maintenance Support Mobilelron Core (on premise) EMM Platinum Maintenance Support per Device Perpetual Mobilelron Core (on - Platinum premise) EMM Platinum Support License $1.75 $21.00 per User Perpetual License $2.63 $31.50 (REQUIRE D) SKU: Maintenance Support SKU: Maintenance MlCore Platinum Per User Support MlCore Platinum Perpetual License Per Device Perpetual License PROFESSIONAL On -Premise Support and Maintenance Included License .- D- One-time Silver MlCore Silver Installation $3,000.00 MI-PS-DEPLOYI Gold MlCore Gold Installation $6,000.00 M I-PS-DEPLOY2 Platinum MlCore Platinum Installation $8,000.00 M I-PS-DEPLOY3 Mobilelron.. Remote Technical Product Up to six (6) hours of training on the features of Mobilelron software (e.g. customization, configuration and support) typically divided into $1,500.00 Training three 2 -hour sessions. Note. Customer must choose one License Type; selection cannot be mixed and/or matched. lA minimum of 500 Mobilelron licenses are required for On -Premise (Core) for initial order for new Mobilelron Customers. 2On-premise (Core) requires integration and setup with backend systems. Installation charges are prepackaged services providing access to a Professional Services Engineer to assist customer in installing/integrating the Mobilelron platform. Pricing above applies to the installation of up to 5,000 Mobilelron licenses. If Customer installation requires more than 5,000 Mobilelron licenses, Mobilelron Premium Implementation Services may apply which provides advisory services and an implementation engineer at a cost of $25,000.00 to manage large scale deployments; alternatively, Customer may use its own installation services. 3Remote Technical Product Training ("Training") does NOT include any installation or setup activities, project management of the Customer deployment, or roll out or implementation of Software. If Customer should need additional product training hours, additional charges apply. Training must be scheduled within 90 days of Mobilelron license and services purchase and must be completed within 180 days of purchase ("Term"). Training costs are nonrefundable. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 27 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1077 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Mobilelron EnterpriseMobility Cloud(Minimum 25+ IVII Cloud Licenses Required for initial order/installation) A discount has been applied. Mobilelron Licenses and Installation services are not eligible for any further discounts. Cloud Annual Subscription License Bundle License Annual Subscription License Bundle per Device with Direct Support per User with Direct Support 3 Devices per User License Description/SKU Monthly Annual Description/SKU Monthly •- Cost Cost• Annual Cost Mobilelron Cloud EMM Silver Mobilelron Cloud EMM Silver Bundle per Silver Bundle per Device $3.00 $36.00 User $4.50 $54.00 SKU: MICloud Silver Per Device SKU: MICloud Silver Per User Mobilelron.d Mobilelron Cloud EMM Gold Remote Technical Product Up to six (6) hours of training on the features of Mobilelron software Mobilelron Cloud EMM Gold Bundle per Training (e.g. customization, configuration and support) typically divided into Gold Bundle per Device $4.50 $54.00 User $6.75 $81.00 Pricing above applies to the installation of up to 5,000 Mobilelron licenses. If Customer installation requires more than 5,000 Mobilelron licenses, SKU: MICloud Gold Per Device to manage large scale deployments; alternatively, Customer may use its own installation services. 3Remote Technical Product Training ("Training") does NOT include any installation or setup activities, project management of the Customer deployment, or roll out or implementation of Software. SKU: MICloud Gold Per User license and services purchase and must be completed within 180 days of purchase (`Term"). Training costs are nonrefundable. Mobilelron Cloud EMM Platinum Mobilelron Cloud EMM Platinum Bundle Bundle per Device per User Platinum $5.63 $67.50 $8.63 $103.50 SKU: MICloud Platinum Per SKU: MICloud Platinum Per User Device PROFESSIONAL Cloud Support and Maintenance Included License •- SKU • - Silver MICloud Silver Installation $1,500.00 MI-PS-DEPLOY1-MICLOUD Gold MICloud Gold Installation $3,000.00 MI-PS-DEPLOY2-MICLOUD Platinum MICloud Platinum Installation $4,000.00 MI-PS-DEPLOY3-MICLOUD Mobilelron.d Remote Technical Product Up to six (6) hours of training on the features of Mobilelron software Training (e.g. customization, configuration and support) typically divided into $1,500.00 three 2 -hour sessions. Note. Customer must choose one License Type; selection cannot be mixed and/or matched. 'A minimum of 25 Mobilelron licenses are required for initial Cloud order for new Mobilelron customers. zMICloud requires integration and setup with backend systems. Installation charges are prepackaged services providing access to a Professional Services Engineer to assist customer in installing/integrating the Mobilelron platform. Pricing above applies to the installation of up to 5,000 Mobilelron licenses. If Customer installation requires more than 5,000 Mobilelron licenses, Mobilelron Premium Implementation Services may apply which provides advisory services and an implementation engineer at a cost of $25,000.00 to manage large scale deployments; alternatively, Customer may use its own installation services. 3Remote Technical Product Training ("Training") does NOT include any installation or setup activities, project management of the Customer deployment, or roll out or implementation of Software. If Customer should need additional product training hours, additional charges apply. Training must be scheduled within 90 days of Mobilelron license and services purchase and must be completed within 180 days of purchase (`Term"). Training costs are nonrefundable. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 28 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1078 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Mobilelron Enterprise Mobility Management: Government Subscribers On -Premise and Cloud Managed Service Features All features are available on both On -Premise and Cloud managed installations. Included features are determined by Mobilelron License Type FunctionalityFeature Silver .d Platinum Apple DEP Supports Apple DEP for iOS devices ✓ ✓ ✓ Android for Work Supports AFW on AFW enabled devices x ✓ ✓ Samsung KNOX Integrates with Samsung KNOX (KNOX sold separately) x ✓ ✓ Email Access Secure Active Sync (all bundles) ✓ ✓ ✓ Divide PM (Gold/Platinum bundles for additional fee) Secure Enterprise Gateway In-line gateway that manages, encrypts, and secures traffic between (Sentry) the mobile device and back -end enterprise systems. ✓ ✓ ✓ Requires user setup/installation Apps@Work Enterprise App Store ✓ ✓ ✓ Basic Container Content Catalog Secure Doc catalog and publishing (basic content repository) 25 files/ 50 files/ 2MB each 25MB each Docs@Work Access, annotate and share documents from email, and on -premise x ✓ ✓ management repositories Containerization of Application at Rest AppConnect App wrapping x ✓ ✓ AppConnect ecosystem (3rd Party applications already compatible with Mobilelron container Secure Browser Web@Work Secure data in motion x ✓ ✓ No VPN required Tunnel iOS per App VPN native functionality x x ✓ Help@Work Customizable app that enables screen sharing on device for trouble x x ✓ shooting for internal customer trouble shooting Mobilelron's ability to proxy Kerberos allows iOS devices that are not Identity@Work on the corporate network to use iOS 7 SSO without needing to expose x x ✓ the Kerberos Key Distribution Center KDC Service Connect Integrations ServiceNow integration to streamline IT workflows x x ✓ Notes. Customer may purchase Mobilelron, Inc. ("Mobilelron") licenses and services ("Mobilelron Services"), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Mobilelron Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Mobilelron Services are manufactured by Mobilelron, Inc. Any license for Mobilelron Services must be obtained directly from Mobilelron either upon purchase or installation of the Mobilelron Services. Mobilelron Services are subject to Mobilelron's terms and conditions attached hereto. Verizon Wireless will direct Mobilelron to fulfill Customer's Mobilelron Services order. Customer support for Mobilelron Services must be obtained directly from Mobilelron, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Mobilelron Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Mobilelron representatives. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 29 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1079 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Enterprise Mobility Management Remote Technical Product Training: GovernmentMobilelron • •' Mobilelron Remote Technical Product Training services are not eligible for discounts ME Includes up to six (6) hours of Mobilelron software training Common. Session Activity Description • Walk-through of the overall Software architecture Administrative Training — Session 1: . Review installation basics (review only - no 1. Mobilelron Architecture installation activity) 2. Installation/Setup Review • Provide a deep dive into the administration 3. Mobilelron Admin Portal* portal features and functionality Administrative Training Session 1 4. System Portal • Provide deployment and configuration set up best 5. User Management practices 6. Sentry Overview • Provide policy configuration guidance for common 7. High Availability Overview (if security, sync, and application control policies applicable) . Review setup options for Sentry and Core High Availability Administrative Training — Session 2: • Provide a deep dive into registering users and the 1. Device Registration/Management user management tools • Review the most common troubleshooting tips Administrative Training Session 2 Details* 2. Common Troubleshooting Steps and tricks Mobilelron administrators and help- desk staff members encounter during the operational rollout Help Desk Training: 1. Mobilelron Architecture • The same topics as above, but covered for the 2. UI Basics help desk audience supporting, rather than Help Desk Training administering, the Mobilelron application 3. Mobilelron Policies 4. User Management 5. Device Registration/Management Details* May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 30 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1080 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Canvas is a service that helps you replace paper forms and processes with efficient mobile business apps and forms to save money and time on data collection. Canvas offers 3 plans: Startup Business and Professional. Customers can only select one of the plans at a time (e.a. cannot mix Dlans on the same account.) Monthlv or annual subscription available. Features Item Name Canvas Startup Canvas Business Canvas Professional Professional Number of Users Supported 1 - 5 Unlimited Unlimited Unlimited Unlimited Unlimited Monthly Service Fee $15.00 $25.00 $35.00 ✓ ✓ ✓ Annual Service Fee $156.00 $264.00 $372.00 ✓ ✓ Features Canvas Features Startup Business Professional Form Submissions Unlimited Unlimited Unlimited 3rd Party Cloud Integration ✓ ✓ ✓ App Builder ✓ ✓ ✓ PDF Designer ✓ ✓ ✓ Email/Chat Support ✓ ✓ ✓ Mobile and Web Editing ✓ ✓ Phone Support ✓ ✓ Dispatch ✓ ✓ Submission Status ✓ ✓ HIPPA Compliance ✓ ✓ Dedicated Support Representative ✓ Dispatch Schedulin ✓ Advanced Password Management ✓ Webservices ✓ Work flow ✓ Canvas Connect ✓ Products shown or referenced are provided by Canvas, a Verizon Partner Program Member, which is solely responsible for the representations and the functionality, pricing and service agreements. Canvas can connect to several different systems including cloud based and server based applications. Customer may purchase Canvas licenses and services ("Canvas Services"), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Canvas Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Canvas Services are manufactured by Canvas Solutions, Inc. Any license for Canvas Services must be obtained directly from Canvas either upon purchase or installation of the Canvas Services. Canvas Services are subject to Canvas' terms and conditions. Verizon Wireless will direct Canvas to fulfill Customer's Canvas Services order. Customer support for Canvas Services must be obtained directly from Canvas Solutions, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Canvas Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Canvas representatives. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 31 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1081 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Samsung Knox Workspace ENTERPRISESAMSUNG Knox FOR Samsung Knox Devices. Knox Premium is a cloud -based cross -platform enterprise mobility management solution combined with an on - device secure container for Samsung devices. 2 — Year Term Subscription Monthly 1— Year Term 2 — Year Term (Month to month) (Paid in advance) (Paid in advance) License Fee $0.75 $9.00 $18.00 SKU# Knox Premium EMM - Knox Premium EMM - 1- Knox Premium EMM - 2 -Year Monthly Year Knox Customization is a comprehensive set of tools and services that allow businesses to customize and deploy Samsung Knox Workspace Knox Workspace is an on -device container that isolates business applications and data from personal ones with government -grade security. Knox Workspace also provides enhanced granular controls over device features to enterprise IT administrators. Requires an additional MDM/EMM (like Knox Premium) to manage the container. Manage the container by integrating Knox IT policies with your existing MDM solution. Only available for Samsung Devices. Subscription Monthly 1— Year Term 2 — Year Term (Month to month) (Paid in advance) (Paid in advance) License Fee $2.70 $32.40 $64.80 SKU# Knox Workspace - Knox Workspace - 1 -Year Knox Workspace - 2 -Year Monthly Knox Customization Knox Customization is a comprehensive set of tools and services that allow businesses to customize and deploy end-to-end mobile solutions. Transform Samsung devices into purpose-built solutions for any industry. *Requires upfront proof of device ownership. One Time Charge $3.00/per license Samsung Knox Solutions KnoxTM is Samsung's mobile device defense -grade security platform. The Knox Platform services multiple user segments through three separate offerings. Samsung Knox Premium is cloud -based device management that allows users to securely manage the business side of corporate devices. Samsung Knox Workspace, another offering, is an enterprise device container that acts as a secure and productive environment for work data and apps. WorkspacePackage Name Samsung Knox Premium Samsung Knox Target Audience SMB & Enterprise with Enterprise, Government & basic security needs Regulated Industries End-to-end secure mobile platform bundled with Samsung cloud EMM for device management Components Works on both Android and iOS ✓ ecosystems Knox container with essential ✓ policy controls May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 32 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1082 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Unified Endpoint Management (UEM) IBM ,0 Unified Endpoint Knox Workspace container with IBM MaaS360 UEM offers a comprehensive, highly secure platform that manages and protects Devices and Things (smartphones, tablets, ✓ cognitive technology. expanded and advanced policy Subscription License Bundle: per User One 1 license per device controls single user with multiple devices License Type Description/SKU Monthly Annual Description/SKU IT Admin management of Cost Cost EMM Essentials Suite ✓ employee devices Per Device License User Enterprise can black list/white list Essential $2.25 $27.00 ✓ $4.50 apps within the Knox Workspace SKU: D1 P3GLL SKU: D1 P31LL container Month/ /Annual Month/ /Annual Can manage VPN profiles in Knox ✓ Workspace container EMM Deluxe Suite Per Customer may purchase SAMSUNG Knox FOR ENTERPRISE licenses and services ("Knox Services"), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Knox Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Knox Services are manufactured by Samsung Electronics Co., Ltd. ("Samsung"). Any license for Knox Services must be obtained directly from Samsung either upon purchase or installation of the Knox Services. Knox Services are subject to Knox Services' terms and conditions attached hereto. Verizon Wireless will direct Knox Services to fulfill Customer's Knox Services order. Customer support for Knox Services must be obtained directly from Samsung. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Knox Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Knox Services representatives. Unified Endpoint Management (UEM) IBM ,0 Unified Endpoint A discount has been applied. IBM MaaS360 UEM Licenses and services are not eligible for any further discounts. IBM MaaS360 UEM offers a comprehensive, highly secure platform that manages and protects Devices and Things (smartphones, tablets, laptops, desktops,), People and Identity (authentication, authorization, Single Sign On, secure use access), Apps and Content combined with cognitive technology. Subscription License Bundle: per Device Subscription License Bundle: per User One 1 license per device One 1 license per single user with multiple devices License Type Description/SKU Monthly Annual Description/SKU Monthly Cost Annual Cost Cost Cost EMM Essentials Suite EMM Essentials Suite Per Per Device License User Essential $2.25 $27.00 $4.50 $54.00 SKU: D1 P3GLL SKU: D1 P31LL Month/ /Annual Month/ /Annual EMM Deluxe Suite Per EMM Deluxe Suite Per Device License User License Deluxe $3.75 $45.00 $7.50 $90.00 SKU: D1 P3LLL SKU: D1 P3NLL Month/ /Annual Month/ /Annual EMM Premier Suite Per EMM Premier Suite Per Device User License Premiere $4.69 $56.25 $9.38 $112.50 SKU: D1 P3RLL SKU: D1 P3TLL Month/ /Annual Month/ /Annual EMM Enterprise Suite EMM Enterprise Suite Per Enterprise Per Device $6.75 $81.00 User License $13.50 $162.00 SKU: D1P3YLL May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 33 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1083 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 • (Month (Monthi .h Additional UEM License Options License Type Description/SKU Monthly Cost Annual Cost Laptop Laptop Location1 : 1 Location SKU: D1AM8LL• ` IBM .. •0 UEM Service Features Included features are determined by IBM MaaS360 UEM License Type Included Features by License Feature Functionality Essential Deluxe Premier Enterprise Manage smartphones, tablets & laptops Device Management featuring iOS, Android, Windows 10 Mobile, ✓ ✓ ✓ ✓ Windows 7, Windows 10 & macOS App Management Deploy custom enterprise app catalogs ✓ ✓ ✓ ✓ Blacklist, whitelist & require apps Patch and Update Identify & report on missing OS patches Management Schedule distribution and installation of ✓ ✓ ✓ ✓ Windows OS & macOS patches Single sign -on & touch access Identity Management Conditional access to trusted devices ✓ ✓ ✓ ✓ Identity federation with apps Improve IT operational efficiency by applying Advisor best practices & learning from industry & peer ✓ ✓ ✓ ✓ benchmarks A separate, corporate mobile workplace for Container App iOS, Android & Windows ✓ ✓ ✓ ✓ Productivity apps for work in one place Mobile Expense Monitor mobile data usage with real-time alerts Management Set policies to restrict or limit data & voice ✓ ✓ ✓ ✓ roaming Contain emails, attachments & chat to prevent data leakage Secure Mobile Email Enforce authentication, copy/paste & x ✓ ✓ ✓ forwarding restrictions FIPS 140-2 compliant, AES -256 bit encryption for data at res Contain all chat mobile conversations and data Secure Mobile Chat Establish quick connections via corporate x ✓ ✓ ✓ directory looku Leverages the hosted MaaS360 Certificate OS VPN Authority to issue authentication certs x x ✓ ✓ Deployed alongside your corporate VPN solution A feature -rich web browser for secure access to intranet sites Secure Browser Define URL filters & security policies based on x x ✓ ✓ categories Block known malicious websites Enable MaaS360 Secure Mobile Browser to access enterprise intranet sites, web apps & Gateway for Browser network resources x x ✓ ✓ Access seamlessly & securely without needing a VPN session on mobile device May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 34 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1084 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Content Management Enforce authentication, copy/paste & view -only x x ✓ ✓ $13.96 restrictions $13.00 Connect $2,95 Customizable Update Rates "CUR" 1 Minute Gateway for Secure access to internal files: x x ✓ ✓ Documents e.., SharePoint & Windows File Share $34.95 Data Services $0.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any applicable taxes will be applied to the billing invoice. Additional terms & conditions apply to Networkfleet Service that are subject to review by end user government agencies. Customizable Update Rates (CUR). Authorized registered user may change a device update rate through the Self Service Portal (SSP) to 60 seconds at no additional cost. Please note, if the device update rate is changed to a 45 (CUR45), 30 (CUR30), or 15 (CUR15) second update rate, an additional charge per device would apply er the CUR list price for the selected rate. App Security Enforce authentication & copy/paste restrictions x x ✓ ✓ $55,00 Add per app VPN to Application Security to $150,00 Gateway for Apps integrate behind -the -firewall data in private x x ✓ ✓ apps Mobile Document Editor Create, edit & save content in a secure, x x x ✓ encrypted container Restrict copy/paste & opening in unmanaged Mobile Document Sync apps Store content securely, both in the cloud & on x x x ✓ devices Detect and analyze mobile malware on compromised devices Mobile Threat Automate remediation via near real-time x x x ✓ Management compliance engine Take action on jailbroken/rooted devices over - the -air Notes. Customer may purchase IBM MaaS360 software licenses and services ("IBM MaaS360 Services"), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the IBM MaaS360 Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. IBM MaaS360 Services are manufactured by International Business Machines Corporation, Inc. Any license for IBM MaaS360 Services must be obtained directly from IBM MaaS360 either upon purchase or receipt of notification from IBM of access to IBM MaaS360 Services. IBM MaaS360 Services are subject to IBM MaaS360's terms and conditions attached hereto. Verizon Wireless will direct IBM MaaS360 to fulfill Customer's IBM MaaS360 Services order. Customer support for IBM MaaS360 Services must be obtained directly from International Business Machines Corporation, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to IBM MaaS360 Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate IBM MaaS360 representatives. Networdeet Service Options for State of Florida The Service Options below have been discounted. No additional discounts apply. Service Options Purchase Cost 5200 -GPS Only $17,00 5500 -Diagnostics + GPS $19.00 H6100 Ex ressfleet $13.96 AssetGuard BX Non -Powered Asset Tracking $13.00 Connect $2,95 Customizable Update Rates "CUR" 1 Minute $0.00 Customizable Update Rates "CUR" 45 Seconds $1.00 Customizable Update Rates "CUR" 30 Seconds $2.00 Customizable Update Rates "CUR" 15 Seconds $3.00 Satellite $34.95 Data Services $0.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any applicable taxes will be applied to the billing invoice. Additional terms & conditions apply to Networkfleet Service that are subject to review by end user government agencies. Customizable Update Rates (CUR). Authorized registered user may change a device update rate through the Self Service Portal (SSP) to 60 seconds at no additional cost. Please note, if the device update rate is changed to a 45 (CUR45), 30 (CUR30), or 15 (CUR15) second update rate, an additional charge per device would apply er the CUR list price for the selected rate. NetwordeetDevice/HardwareOptions• • - of Florida The Devices/Hardware Options below have been discounted. No additional discounts apply. Device/Hardware Options Purchase Cost 5200 -GPS Onl $35,00 5500 -Diagnostics + GPS $35,00 1009N2VD-6100 Ex ressfleet $55,00 AssetGuard BX Non -Powered Asset Tracking $150,00 May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 35 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1085 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any licable taxes will be applied to the billing invoice. NumberItem PARTS030 Pricing (per unit) • Reinstallation Kit Price $3.00 PARTS031 $65.00 Tamper Resistant Zip Ties 100 perpack) $50.00 PARTS032 Monthly Service Fee Combination Antenna A standard $30.00 PARTS037 AT -1400 Replacement Battery $45.00 PARTS039 Sensor Install is $65.00 PER SENSOR AT -1400 Bracket $20.00 PARTSO40 Window -Mount GPS Antenna Module 5500/5200 $35.00 PARTSO41 Sensor Input Harness 5500/5200 $10.00 PARTSO42 OBD -II Adapter Kit only including Core Connector & 8 Adapters (5500/5200) $20.00 PARTSO43 6 -pin Heavy Duty Harness (5500/5200) $35.00 PARTSO44 9 -pin Heavy Duty Harness with Square Flange 5500/5200 $35.00 PARTSO45 9 -pin Heavy Duty Harness with "D" Mount (5500/5200) $35.00 PARTS069 OBD Harness Extension $10.00 PARTS070 16 -Pin Heavy Duty Harness $35.00 PARTSO46 Universal Harness 5200 $10.00 PARTSO47 Light Duty Harness plus OBD -II Adapter Kit 5500/5200 $35.00 PARTS090 Alternate Power/Ground Adapter 5200/5500 $20.00 PARTS053 Garmin FMI 45 Cable with Traffic for Connect $145.95 PARTS054 Garmin FMI Modified Cable $55.00 PARTS057 Pelican Micro Case for 5200 w/ 15' Universal Harness $74.95 A-PEM001 PEM Port Expansion Module $140.00 PARTS059 Quick Install Harness $10.00 A-SAT001 Satellite Modem $550.00 PARTSS063 Satellite Antenna $50.00 PARTSS064 Satellite Harness $50.00 KIT -SAT Satellite Kit includes one modem, antenna & harness $650.00 PARTS065 Asset Guard BX Replacement Batter 1 $75.00 PARTS066 Asset Guard BX Magnet Mount Kit set of 4 *See Note $75.00 PARTS095 ID Reader Adapter Install Kit $30.00 PARTS060 Driver ID Reader $15.00 PARTS061 Driver ID Ke $3.50 PARTS087 Audible Driver ID Alert $15.00 PARTS071 Bluetooth Extension $0.00 PARTS093 Universal Harness 6100 $10.00 PARTS058 Universal Harness $10.00 PARTS097 5000 9 -Pin "D" Mount Harness Type 2 $35.00 PARTS098 5000 9 -Pin Square Harness Type t $35.00 PARTS111 USM 9 -Pin "D" Mount Harness Type 2 Pins F -G $35.00 PARTS112 USM 9 -Pin Square Harness Type t Pins F -G $35.00 Notes: * Asset Guard BX Magnet Mount Kit includes CalAmp 133561 hardware and lanyard & CalAmp 1 M101-MNC25 magnets set of 4). NumberItem .n Type Pricing (per unit) Notes Base Installation includes 1 Device and 1 Harness I -INSTALL -UNIT Base Installation - Plug/Play Plug/Playor 3 Wire $65.00 D -INSTALL -UNIT Limited Lifetime Base Installation $2.00 Monthly Service Fee I-INSTALL-FMI Add -On to Base Installation Garmin $35°00 I -INSTALL -SENSOR Add -On to Base Installation Sensor $65.00 Sensor Install is $65.00 PER SENSOR I -INSTALL -AG BX -On to Base Installation (AssetGuard $65,00 I -INSTALL -PMC Add -On to Base Installation (Pelican Micro Case $35,00 I -INSTALL -PEM Add -On to Base Installation (Port Expansion Module $35,00 I -INSTALL -SAT Add -On to Base Installation Satellite $35.00 I -INSTALL -DID Add -On to Base Installation Driver ID $35.00 May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 36 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1086 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1-INSTALL—BTE Add -On to Base Installation Bluetooth $35°00 D-INSTALL-BTE Limited Lifetime Add -On to Base $1.00 Monthly Service Fee Installation Bluetooth D-INSTALL-FMI Limited Lifetime Add -On to Base $1.00 Monthly Service Fee Installation Garmin D -INSTALL -SENSOR Limited Lifetime Add -On to Base $1.00 Installation Sensor D -INSTALL -AG Limited Lifetime Add -On to Base $2.00 Installation (AssetGuard BX/PW) D -INSTALL -PMC Limited Lifetime Add -On to Base $1.00 Monthly Service Fee Installation Pelican Micro Case D -INSTALL -PEM Limited Lifetime Add -On to Base $1.00 Monthly Service Fee Installation Port Expansion Module D -INSTALL -SAT Limited Lifetime Add -On to Base $1.00 Monthly Service Fee Installation Satellite D -INSTALL -DID Limited Lifetime Add -On to Base $1.00 Monthly Service Fee Installation Driver ID I -SWAP -UNIT Device Swap $65.00 I -TRANSFER -UNIT Device Transfer $65.00 I -REMOVAL -UNIT Removal $65.00 Removal of device. Applies per trip if the installer makes the trip and the I-NOSHOW No Show $75.00 designated vehicle is not available so the unit cannot be installed. I -TROUBLESHOOT- Troubleshoot; Mileage $65.00 Per Trip UNIT TRAINING -HALF Yz Da Installation Training $150.00 TRAINING -FULL Full Day Installation Training $300.00 May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 37 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1087 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 One Talk • •n: Government Subscribers The plans/features below reflect any applicable discount. No additional discounts apply. One Talk is a business telephone system that combines landline and mobile phone capabilities into a fully integrated mobile and office solution providing a single telephone number ("Mobile Data Number/MDN") with the same mobile and landline features. One Talk Solution: Desk Phone/Mobile Client Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk Price Plan (100 MB Data) $10.00 One Talk Feature $15.00 One Talk Line Access Charge N/A One Talk Solution: Auto Receptionist (AR) Auto Receptionist Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk AR Price Plan (100 MB Data) $10.00 One Talk AR Feature $10.00 One Talk AR Line Access Charge N/A • - Talk Solution:• . Hunt Group - Every ECPD profile will be allowed to activate two Hunt Groups by default; additional Hunt Groups can be purchased as long as the ratio of active One Talk lines to Hunt Groups is 3:1 respectively Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk HG Price Plan (100 MB Data) $0.00 One Talk HG Feature $0.00 One Talk HG Line Access Charge N/A Optional One Talk Premium Visual Voicemail for Android Smartphone $2.99 One Talk Premium Visual Voicemail for Desk Phone & Mobile Client $2.99 One Talk Voicemail Talk To Text for iOS Smartphones $2.99 One Talk Caller Name ID $2.99 Additional MDN's activated on a Smartphone, Desk Phone, Mobile Client, a maximum of up to eight (8) devices can be shared with the MDN as follows: 1 Smartphone, up to 2 desk phones and up to 5 mobile clients. Smartphone Device Desk Phonel Mobile Client2 Auto Receptionist/ Hunt Group (Includes Smartphones and Tablets Additional devices (endpoint) incur $0.00 for additional devices $0.00 for additional devices N/A a $10.00 monthly access (excluding Smartphone devices (excluding Smartphone devices with with One Talk Basic Dialer) I One Talk Basic Dialer Notes: One Talk service is applied to the Verizon Wireless MDN and is available on all of the user's devices. One Talk is not compatible with Fax machines, credit card POS solutions, or Security Systems. One Talk calls drop if either party leaves Verizon 4G LTE coverage. When outside of the 4G LTE coverage area and without 3G or WiFi service, the device operates as a standard device (1X calling) with standard voice and SMS messaging capabilities with no One Talk features available to the user. Mobile client is the One Talk client. 'One (1) additional Desk Phone can be added as an additional device per MDN.2M obile Client eligible devices (includes devices from other carriers); Smartphones (without One Talk Basic Dialer), wireless and WiFi tablets; limit five (5) total per MDN (including primary device. Installing the One Talk Mobile client consumes an estimated 50MB of data. Additional information regarding One Talk is attached hereto May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 38 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 088 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Access Fee 1 $10.00 (99319) Voice Minutes Allowance Unlimited Data Allowance' Unlimited Notes: Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Only One Talk Auto Receptionist Devices can be activated on this plan. This is a current retail plan and is subject to change or be discontinued without notice to the customer. This Business Unlimited Plan is not compatible with Private Network Traffic Management (PNTM) or Private Network. 'If 22 GB of domestic data usage is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds to up to 200 Kbps for additional usage for the remainder of the then -current billing cycle for the line that exceeds the data usage. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at up to 1080p. For data usage in Canada and Mexico, after the first 512 MB of usage in a day, throughput speeds for additional usage will be reduced for the remainder of the day. Usage outside of the United States requires a 4G LTE GSM/UMTS global -capable device. Monthly Access Fee $10.00 (99320) Voice Minutes Allowance Unlimited Data Allowance' Unlimited Notes: Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Only One Talk Desk Phone Devices can be activated on this plan. This is a current retail plan and is subject to change or be discontinued without notice to the customer. This Business Unlimited Plan is not compatible with Private Network Traffic Management (PNTM) or Private Network. 'If 22 GB of domestic data usage is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds to up to 200 Kbps for additional usage for the remainder of the then -current billing cycle for the line that exceeds the data usage. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at up to 1080p. For data usage in Canada and Mexico, after the first 512 MB of usage in a day, throughput speeds for additional usage will be reduced for the remainder of the day. Usage outside of the United States requires a 4G LTE GSM/UMTS global -capable device. Monthly Access Fee $25.00 $45.00 Calls in Queue 10 calls held in aueue 25 calls held in aueue Monthly Call Queue Agent Feature 1 51.00 Der line/per month' Notes: One Talk service is applied to the Verizon Wireless MDN and is available on all of the user's devices. One Talk is not compatible with Fax machines, credit card POS solutions, or Security Systems. One Talk calls drop if either party leaves Verizon 4G LTE coverage. When outside of the 4G LTE coverage area and without 3G or WiFi service, the device operates as a standard device (1X calling) with standard voice and SMS messaging capabilities with no One Talk features available to the user. Mobile client is the One Talk client. 'One (1) additional Desk Phone can be added as an additional device per MDN. zMobile Client eligible devices (includes devices from other carriers); Smartphones (without One Talk Basic Dialer), wireless and WiFi tablets; limit five (5) total per MDN (including primary device. Installing the One Talk Mobile client consumes an estimated 50MB of data. For additional information regarding One Talk please refer to the One Talk documents attached hereto. 1. Call queue has a maximum limit of 40 agents per call queue setup. 2. Dial MDN direct or be routed through Auto Receptionist May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 39 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1089 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 40 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1090 These products Do Not qualify for additional discounts Software Frequency/ Service Item Plan ID SKU Payment Plan Price Function "Mobility VPN" (Virtual NMSVZW-GOV- "Mobility VPN" (Virtual Private Network for Private Network for 651968 SILVER -Monthly: Monthly $4.33 wireless connections) wireless connections) - MONTHLY An encrypted, secure tunnel for mobile An encrypted, secure devices NMSVZW-GOV- tunnel for mobile -- Works with Android, iOS, Windows and devices 651969 SILVER -Annual: Annual $52.00 Mac devices __ Criminal Justice Information Systems ANNUAL (CJIS) Compliance "Mobility VPN" + "Modules" 651970 NMSVZW-GOV-GOLD- Monthly93 $6. (Policy, Monthly: MONTHLY All features of the Mobility VPN base Network Access product, plus the Policy, Network Access Control, Mobile 651971 NMSVZW-GOV-GOLD- Annual $83.20 Control (NAC) and Mobile Analysis Modules Analysis) Annual: ANNUAL "Mobility VPN" + "Modules" + NMSVZW-GOV- "Diagnostics" which 651972 PLATINUM -Monthly: Monthly $8.67 includes connectivity MONTHLY All features of the Mobility VPN base problem identification, product and the Policy, Network Access security reinforcement, Control (NAC) and Mobile Analysis improved end user NMSVZW-GOV- Modules, Plus Diagnostics productivity and 651973 PLATINUM -Annual: Annual $104.00 powerful reporting. ANNUAL Mobility VPN + "Modules" + NMSVZW-GOV- "Diagnostics" + 651974 DIAMOND -Monthly: Monthly $13.00 "Mobile IQ" which MONTHLY All features of the Mobility VPN base includes performance product and the Policy, Network Access assessment, threat Control (NAC) and Mobile Analysis defense, cost control, location intelligence NMSVZW-GOV- Modules, Plus Diagnostics + MobilelQ and inventory, 651975 DIAMOND -Annual: Annual $156.00 troubleshooting and ANNUAL system -wide status Comprehensive data NMSVZW-GOV- collection and root 651976 DIAGS-Monthly: Monthly $4.33 cause detection MONTHLY Comprehensive data collection and root NMSVZW-GOV- software (add-on cause detection software feature) 651977 DIADS -Annual: Annual $52.00 ANNUAL Visual troubleshooting,NMSVZW-GOV-MIQ- 651978 Monthly analytics and alerting Monthly: MONTHLY $4.33 Visual troubleshooting, analytics and NMSVZW-GOV-MIQ- dashboards (add-on feature) alerting dashboards 651979 Annual: ANNUAL Annual $52.00 Professional Services 651980 11 NMPS-GOV-8HR-S - One -Time $2,000.00 Off-site Services - Up to 8 Hours One Time: ONE TIME Professional Services 651981 11 NMPS-GOV-4HR-S - One -Time $1,000.00 Off-site Services - Up to 4 Hours One Time: ONE TIME May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 40 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1090 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Mobility Certification 651982 11 NMTR-GOV-C - One One -Time $2,295.00 Off-site Services Training Time: ONE TIME Elite Technical Service 651983 1IN METS-GOV - One One -Time $30,000.00 Off-site Services (0 - 4,999 licenses) Time: ONE TIME Elite Technical Service 651984 11 NMETS5K-GOV - One -Time $50,000.00 Off-site Services (5,000+ licenses) One Time: ONE TIME Dedicated Technical 11 NMPS-GOV-TAM - Account Manager (1 651985 One Time: ONE TIME One -Time $40,000.00 Off-site Services year) Note: Customer may purchase NetMotion Software, Inc. ("NetMotion") licenses and services ("NetMotion Services") at the prices listed above. NetMotion Services listed in the pricing sheet marked with an asterisks *** cannot be mixed or matched with other NetMotion Licenses or Services. Verizon Wireless is not the licensor of the NetMotion Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. NetMotion Services are manufactured by NetMotion. NetMotion Software is subject to a separate End User License Agreement (EULA) with NetMotion attached hereto,. Use of the NetMotion licenses or NetMotion Services is deemed to be the Customer's acceptance of the terms of the EULA. Customer must accept the EULA as the party liable for each license, and agrees that the Customer will comply with the obligations under the EULA. Verizon Wireless reserves the right to (i) modify or discontinue the Solution in whole or in part and/or (ii) terminate the Solution at any time without cause. Customer's sole and exclusive remedy for any damages, losses, claims, costs, and expenses arising out of or relating to use of the Solution will be termination of service. A. Verizon Wireless will direct NetMotion to fulfill Customer's NetMotion Services order. Basic functionality questions and other general customer support can be obtained by calling Verizon Wireless Customer Support. All other customer support questions and issues for NetMotion Services must be obtained directly from NetMotion Software, Inc. If Verizon Wireless, in its sole discretion, determines that an inquiry from a subscriber is related to NetMotion Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate NetMotion representatives. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 41 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1091 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Asavie Moda is a network -based "all -in -one" web portal security and data management solution that enables organizations to easily and effectively manage security and productivity, along with rich reporting insights on all their mobile devices. The Asavie Moda solution extends the security provided by the customer's Mobile Device Management platform into the network by delivering real-time visibility, control and security of the data in transit for any mobile device. Asavie ••. Government• Only The price below reflects the monthly access discounts. No additional discounts apply. Description SKU Name Plan ID Quantity Annual Monthly 1-199 $80.92 $7.49 677970 200-499 $68.85 $6.38 'Asavie Moda for MPN Gov Customers ModaMPNG (Annual) 677971 (Monthly) 500-999 $60.75 $5.63 1000-2499 $52.65 $4.88 2500-9999 $48.60 $4.50 10000+ $40.50 $3.75 1-199 $80.92 $7.49 'Asavie Moda Global (OTT) Gov Customers ModaGLOBAL 677969 (Annual) 677968 (Monthly) 200-499 $68.85 $6.38 500-999 $60.75 $5.63 1000-2499 $52.65 $4.88 2500-9999 $48.60 $4.50 10000+ $40.50 $3.75 Notes. Asavie Moda is an all -in -one web portal that is an easy to deploy security and data management solution for an entire mobile estate. 'Asavie Moda for MPN Gov Customers — Does require customers to use pricing and equipment in accordance with the Private Network terms and conditions as your contract allows. zAsavie Moda Global (OTT) Gov Customers — Does not require Private Network. Products shown or referenced are provided by Asavie Technologies, Inc. ("Asavie"), a Verizon Partner Program Member, which is solely responsible for the representations and the functionality, pricing and service agreements. Asavie can connect to several different systems including cloud based and server based applications. Customer may purchase Asavie licenses and services ("Asavie Services"), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Asavie Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Asavie Services are manufactured by Asavie Technologies, Inc. Any license for Asavie Services must be obtained directly from Asavie either upon purchase or installation of the Asavie Services. Asavie Services are subject to Asavie terms and conditionsattached hereto.. Verizon Wireless will direct Asavie to fulfill Customer's Asavie Services order. Customer support for Asavie Services must be obtained directly from Asavie Technologies, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Asavie Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Asavie representatives. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 42 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1092 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Asavie IoT Connect° provides Private Network connectivity on demand for remote sites and IoT devices. Provides direct, enterprise -grade connection that bypasses the public Internet, helping to reduce exposure to possible cyber threats. The price below reflects the monthly access discounts. No additional discounts Name SKU Name Plan ID Quantity Annual Monthly IoT MPN 25 IOTCMPN25MBG MB 677959 (Annual) 677958 (Monthly) 1-199 $24.22 $2.24 200-499 $20.59 $1.91 500-999 $18.16 $1.68 1000-2499 $15.74 $1.46 2500-9999 $14.53 $1.35 10000+ $12.11 $1.12 Notes. Asavie IoT Connect runs over Verizon's secure Private Network. 1 Requires customers to use pricing and equipment in accordance with the Private Network terms and conditions as your contract allows. Products shown or referenced are provided by Asavie Technologies, Inc. ("Asavie"), a Verizon Partner Program Member, which is solely responsible for the representations and the functionality, pricing and service agreements. Asavie can connect to several different systems including cloud based and server based applications. Customer may purchase Asavie licenses and services ("Asavie Services"), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Asavie Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Asavie Services are manufactured by Asavie Technologies, Inc. Any license for Asavie Services must be obtained directly from Asavie either upon purchase or installation of the Asavie Services. Asavie Services are subject to Asavie terms and conditionsattached hereto.. Verizon Wireless will direct Asavie to fulfill Customer's Asavie Services order. Customer support for Asavie Services must be obtained directly from Asavie Technologies, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Asavie Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to Asavie representatives. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 43 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -109 1 093 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Asavie loT Connect' with Cloud Connect Government• Only The price below reflects the monthly access discounts. No additional discounts apply. 1-199 31.46 2.99 677953 200-499 26.74 2.54 IoT MPN 25 MB CC IOTCMPN25MBCCG (Annual) 677952 500-999 23.59 2.24 1000-2499 20.45 1.95 2500-9999 18.87 1.80 (Monthly) 10000+ 15.73 1.5 1-199 $40.42 $3.74 677957 200-499 $34.36 $3.18 IoT MPN 150 (Annual) 500-999 $30.31 $2.81 MB IOTCMPN150MBG 677956 1000-2499 $26.27 $2.43 2500-9999 $24.25 $2.25 (Monthly) 10000+ $20.21 $1.87 1-199 $80.92 $7.49 677955 200-499 $68.78 $6.37 IoT MPN 150+ (Annual) 500-999 $60.69 $5.62 MB IOTCMPN150MBPLUSG 677954 1000-2499 $52.60 $4.87 2500-9999 $48.55 $4.50 (Monthly) 10000+ $40.46 $3.75 Notes. Asavie IoT Connect runs over Verizon's secure Private Network. 1 Requires customers to use pricing and equipment in accordance with the Private Network terms and conditions as your contract allows. Products shown or referenced are provided by Asavie Technologies, Inc. ("Asavie"), a Verizon Partner Program Member, which is solely responsible for the representations and the functionality, pricing and service agreements. Asavie can connect to several different systems including cloud based and server based applications. Customer may purchase Asavie licenses and services ("Asavie Services"), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Asavie Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Asavie Services are manufactured by Asavie Technologies, Inc. Asavie Services are subject to Asavie terms and conditions attached hereto. Verizon Wireless will direct Asavie to fulfill Customer's Asavie Services order. Customer support for Asavie Services must be obtained directly from Asavie Technologies, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Asavie Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Asavie representatives. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 44 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1094 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Secure Cloud Gateway is a cloud -based secure web gateway service that provides security for web traffic and protects users from internet- threats through enforcement of internet policy compliance. Built for the cloud and the modern, distributed organization, Secure Cloud Gateway helps meet the cybersecurity needs of today's organizations who are challenged with enforcing internet policy and security across decentralized networks, branch offices, and remote and mobile users. The Secure Cloud Gateway service is powered by iboss, a leading web security comoanv. CF-WIRELESS-NNI- Price plan ID Core Gateway Monthly $2.72 SLED 699515 MDF WIRELESS Price Plan ID Malware Defense Monthly $4.17 NNI-SLED 699514 Note: Secure Cloud Gateway powered by iboss solution requires a Mobile Private Network Tiered Hierarchy design where iboss operates the parent private network and each mutual customer of iboss and Verizon Wireless must have a private network built as a child of the iboss parent. *A minimum quantity of 100 user licenses per order is required. Licenses bill in full monthly increments with no prorations with a one year line term. *Devices that are certified for private network include: • Verizon Jetpacks • LTE Enabled routers — [Consult With sales and product manager for the number of licenses associated with multi user devices.] • LTE enabled tablets, phones and laptops 'These SKUs are mutuallv exclusive and cannot be combined. Verizon• • Gateway Verizon• • Gateway Core Package: Web Gateway Plus Package: Malware Defense Core Package delivers compliance based web gateway features to all Plus Package delivers all Core Package features and advanced malware devices defense • Web and Content Filtering 0 Advanced malware detection and prevention for polymorphic threats. • Protection for outdated browsers and Operating System (OS) • Command and Control (CnC) callback monitoring across enterprise • Secured Socket Layer (SSL) visibility and traffic management ports and protocols. • Single pane of glass management 0 Signature based intrusion detection and prevention. • Cloud apps and social media controls 0 Protection across all devices and locations including HQ, remote • Advanced, near real-time reporting offices, mobile and Bring Your Own Device (BYOD). • Flexible data traffic re -direction for devices, virtually • Behavioral Malware Sandboxing everywhere Note: Pricing includes 2417 Mission Critical Support and Basic Implementation Support (8 hours of policy setup and dashboard help). May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 45 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -109 1 095 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Lookout Mobile••• These products •. not qualify for further discounts. Lookout Mobile Endpoint Security helps organizations prevent data loss and leakage through mobile devices by delivering advanced security and comprehensive policy -based protection against the spectrum of mobile risk. SKU Description Term Price MES-GOV-C-P-UIY-PU GOV Comprehensive - User Annual $75.60 w Phishing MES-GOV-C-P-UIY-PD GOV Comprehensive/Dev w Annual $54.00 Phishing GOV-SPT-MES-PRMPLS-UIY- GOV Prem Plus Annual $8.10 PD Support/Device GOV-SPT-MES-PRMPLS-UIY- GOV Prem Plus Annual $11.34 PU Support/User GOV-SPT-MES-PRM-UIY-PD GOV Premium Annual $4.50 Support/Device GOV-SPT-MES-PRM-UIY-PU I GOV Premium Support/User I Annual I $6.75 Note: In order to be able to purchase Lookout Mobile Endpoint Security, Customer is required to maintain a minimum of one (1) active and billing Verizon Wireless line of service. Additionally, Customer is required to provide an active corporate email address to complete the activation process. Verizon provides support for ordering Lookout Mobile Endpoint Security licenses, billing, and will provide Tier one (1) customer support for Lookout. Lookout will provide Tier two (2) when required through a Verizon Wireless call transfer. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 46 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1096 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 LTE Vehicle Internet These hardware Sku bundles are not• . • The LTE Vehicle Internet solution supports in -Vehicle connectivity providing ruggedized routers and cloud - managed services. Services are designed to allow departments to deploy, configure, manage and scale quickly and in real time. Devices support dual carrier with SIM -based Auto -Carrier Selection, Public Safety and Data plans, and are available on many public -sector contract vehicles. SKU# Description OEM P/N Price 5642701 1 -yr NetCloud Mobile FIPS MA1-900F120B-XFA $1,097.10 Essentials and Advanced Plans and IBR900 FIPS router with WiFi (1000Mbps modem) 5642703 5 -yr NetCloud Mobile FIPS MA5-900F120B-XFA $1,853.10 Essentials and Advanced Plans and IBR900 FIPS router with WiFi (1000Mbps modem) 5642698 1 -yr NetCloud Mobile FIPS MA1-170F120B-XFA $1,574.10 Essentials and Advanced Plans and IBR1700 FIPS router with WiFi (1200Mbps modem) 5642700 5 -yr NetCloud Mobile FIPS MA5-170F120B-XFA $2,330.10 Essentials and Advanced Plans and IBR1700 FIPS router with WiFi (1200Mbps modem) 5642692 1 -yr NetCloud Mobile Essentials MA1-09001208-NNA $899.10 Plan and IBR900 router with WiFi (1000Mbps modem) 5642694 5 -yr NetCloud Mobile Essentials MA5-09001208-NNA $1,358.10 Plan and IBR900 router with WiFi (1000Mbps modem) 5584528 1 -yr NetCloud Mobile Essentials MA1-17001208-NNA $1,448.10 Plan and IBR1700 router with WiFi (1200Mbps modem) 5642691 5 -yr NetCloud Mobile Essentials MA5-1700120B-NNA $1,943.10 Plan and IBR1700 router with WiFi (1200Mbps modem) 3 -yr NetCloud IoT Essentials 5691111 Plan and IBR600C router with TB3-600C150M-NNN $458.10 WiFi (150 Mbps modem), North America 5 -yr NetCloud IoT Essentials 5691112 Plan and IBR600C router with TB5-600C150M-NNN $512.10 WiFi (150 Mbps modem), North America 1 -yr NetCloud Branch Essentials 5642722 Plan with AER2200 router with BA1-220012OB-NNN $1,412.10 WiFi (1200Mbps modem), North America 3 -yr NetCloud Branch Essentials 5642723 Plan with AER2200 router with BA3-22001208-NNN $1,655.10 WiFi (1200Mbps modem), North America 5 -yr NetCloud Branch Essentials 5642724 Plan with AER2200 router with BA5-22001208-NNN $1,916.10 WiFi (1200Mbps modem), North America 3 -yr NetCloud IoT Gateway 5691113 Essentials Plan and IBR200 TB3-020010M-VNN $278.10 router with WiFi (10 Mbps modem) for Verizon 5 -yr NetCloud IoT Gateway 5691114 Essentials Plan and IBR200 TB5-02001OM-VNN $332.10 router with WiFi (10 Mbps modem) for Verizon 5642707 LTE Advanced Pro (1200Mbps) MA-MC400-1200M-B $539.99 modem upgrade for Mobile. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 47 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1097 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 AccessoriesLTE Vehicle Internet These not . - for further discounts. Includes IBR1700 & COR Dock Description OEM P/N Price doors, no antennas COR IBR1700, IBR900 power 170716-000 $22.49 3 -yr NetCloud Mobile Essentials supply North America Plan and IBR1700 router with Dual -band 2.4/5.0 GHz external 170628-000 5584526 WiFi (1200Mbps modem), no AC MA3-17001200-NNA $1,682.10 Speed Tier Limit (Up to)2 power supply or antennas, AER2100, IBR900, IBR1100 (1X) 10 Mbps 10 Mbps North America Black, Universal 60OMHz-6GHz 170760-000 $13.49 3 -yr NetCloud Mobile Essentials 3G/4G/LTE 2dBi/3dBi 6 in 50 GB 100 GB Plan and IBR900 router with antenna with SMA connector Throttled Speed (Up to) 5642693 WiFi (1000Mbps modem), no AC MA3-09001200-NNA $1,123.20 power supply or antennas, Vehicle power adapter for COR 170635-000 $22.49 North America 3 meter power and GPIO cable 170585-001 Note: NetCloud functions vary for FIPS Hardware enabled devices. Consult the Cradlepoint website for specifics. . Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. These hardware bundles can be used with 4G Mobile Broadband, Machine to Machine, and Public Safety Mobile Broadband Price Plans. A data plan is required for each modem purchase. There are no returns or exchanges and no Proration's. Reference Cradlepoint terms of service attached hereto. AccessoriesLTE Vehicle Internet These not . - for further discounts. SKU# Description OEM P/N Price 4765224 COR IBR1700, IBR900 power 170716-000 $22.49 $190.00 supply North America 3715571 Dual -band 2.4/5.0 GHz external 170628-000 $13.49 (41135) WiFi antenna forAER3100, (41212) Speed Tier Limit (Up to)2 10 Mbps AER2100, IBR900, IBR1100 (1X) 10 Mbps 10 Mbps 5427545 Black, Universal 60OMHz-6GHz 170760-000 $13.49 150 GB 3G/4G/LTE 2dBi/3dBi 6 in 50 GB 100 GB 200 GB antenna with SMA connector Throttled Speed (Up to) 600 Kbps 600 Kbps (1x) 600 Kbps 3774498 Vehicle power adapter for COR 170635-000 $22.49 5503087 3 meter power and GPIO cable 170585-001 $13.04 (direct wire) for IBR1700, IBR9x0 4381062 Serial DB9 to GPIO cable, 3 170676-000 $16.19 meters 4979362 Panorama antenna 5IN1 Blk LP-IN1958-B $283.78 dome 2LTE 2WIF1 1GPS 4979363 Panorama antenna 51N1 Wht LP-IN1958-W $283.78 dome 2LTE 2WIF1 1GPS 5166824 Panorama antenna 91N1 Blk LG-IN2293-B $461.83 dome 4LTE 4WIF1 1GPS 5166826 Panorama antenna 91N1 Wht LG-IN2293-W $461.83 dome 4LTE 4WIF1 1GPS Note: There are no returns or exchanges. Accessories can be purchased separately from hardware bundles. Reference Panorama Antenna terms attached hereto. Business Internet 10 Mbps Speed Tier Mach ine-to-M ach i ne Plans* plansLTE These •-. le $70.00 for monthly access fee discounts. $90.00 $140.00 $190.00 Monthly Access Feel (41121) (41135) (41205) (41212) Speed Tier Limit (Up to)2 10 Mbps 10 Mops 10 Mbps 10 Mbps Data Deprioritization Threshold3 25 GB 50 GB 100 GB 150 GB Data Throughput Limit Threshold4 50 GB 100 GB 200 GB 300 GB Throttled Speed (Up to) 600 Kbps 600 Kbps 600 Kbps 600 Kbps May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 48 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1098 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Notes: These plans are restricted to the Verizon Wireless 4G network (domestic and international roaming are not available). Only select Customer -provided 4G data routers can be activated on these plans. 'The monthly access fee will not be pro -rated when moving to a higher speed tier plan during a billing cycle (the higher access fee will be billed); a line cannot move to a lower speed tier during a billing cycle.2S peeds represent the maximum speed but may be lower in the event of network congestion. 3After the data deprioritization threshold is met on a line during any billing cycle, usage may be prioritized behind other customers in the event of network congestion. 41f the data throughput limit threshold is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds for additional usage for the remainder of the then -current billing cycle for the line that exceeds the data usage to the applicable throttled speed. Voice calls cannot be placed or received on these plans other than to 611 or 911 (these calls may be placed anywhere in the Nationwide Rate and Coverage Area). If the voice block feature is removed, there will be a $0.25 per minute charge for voice calls. Text messages cannot be sent or received on these plans. If the text message block feature is removed, there will be a $0.20 per message charge for messages sent or received. These plans can be used for point-of-sale, mobile terminal, and business productivity applications. Prohibited applications include, but are not limited to, continuously streaming video, web hosting, and public/guest Wi-Fi systems without prior approval from Verizon Wireless. *These plans are for machine -to -machine service ("M2M Service"). "M2M Service" refers to use of the Wireless Service for the transmission of data between wireless devices and computer servers or other machines, or between wireless devices, with limited or no manual intervention or supervision. Single Basic Phone Unlimited Talk Plus 500MB Plan Government Subscribers Only . Domestic Roamingor LongDistance Charges This plan is NOT eligible for monthly access fee discounts. Monthly Access Fee $30.00 Monthly Anytime Minutes Unlimited BPC Data Rate 500 MB $10.00 per GB Notes: Current coverage details and additional plan information can be found at www.verizonwireless.com. *May only be activated on a Verizon Wireless Home Phone Approved Device (BPC100). This is not a Home Phone Service. This service is generally utilized to replace POTS lines. Monthly Access Fee $20.00 Monthly Anvtime Minutes Unlimited Notes: Current coverage details and additional plan information can be found at www.verizonwireless.com. Activation on this phone requires a separate billing account. Activations on this plan are limited to no more than 9 lines per account. *May only be activated on a Verizon Wireless Home Phone Approved Device. This is not a Home Phone Service. This service is generally utilized to replace POTS lines. Wireless Home Phone is not compatible with anv data applications. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 49 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1099 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 PUBLIC SAFETY CUSTOM PLANS Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and Emergency Preparedness Government Liable This plan is not eligiblediscounts. Mission Only 4G LTE GSM/UMTS global -capable smartphones can be activated on this plan. Monthly Access Fee $39.99 Monthly Minutes in U.S Unlimited Domestic Data Allowance0) Unlimited Domestic Messaging Allowance Unlimited Optional Features Domestic Mobile Hots of $5.00 additional per month Push -to -Talk $2.00 additional per month Notes:. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. (1) Data usage on this rate plan is not subject to speed reductions ("throttling") within a given billing cycle. However, in the event a user consumes more than 25GB each billing cycle for three (3) consecutive billing cycles, data throughput speeds will automatically be reduced for data usage exceeding 25GB per billing cycle on a go -forward basis. Data usage for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at 480p. This service plan includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the followingNAICS former) SIC Codes*: (PP# 16807 621910 Ambulance Services 923120 Administration of Public Health Programs 922110 Courts 928110 National Security 922120 Police Protection 926120 Regulation and Administration of Transportation Programs 922130 Legal Counsel and Prosecution 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 922140 Correctional Institutions 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 922150 Parole Offices and Probation Offices 921150 American Indian and Alaska Native Tribal Governments 922160 Fire Protection (except private) 921190 Other General Government Support 922190 Other Justice, Public Order, and Safety Activities 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 50 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 100 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 51 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 101 Custom Unlimited Basic Phone• National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers plan is not eligible for monthly access fee discounts. This PublicThis does notprovide • standard. Monthly Access Fee $22.99 Monthly Minutes in U.S Unlimited Domestic Data Allowance 100MB Domestic Messaging Allowance Unlimited Domestic Data Overage $10.00 per GB Notes:. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP# 16810) 621910 Ambulance Services 923120 Administration of Public Health Programs 922110 Courts 928110 National Security 922120 Police Protection 926120 Regulation and Administration of Transportation Programs 922130 Legal Counsel and Prosecution 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 922140 Correctional Institutions 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 922150 Parole Offices and Probation Offices 921150 American Indian and Alaska Native Tribal Governments 922160 Fire Protection (except private) 921190 Other General Government Support 922190 Other Justice, Public Order, and Safety 921110 Executive Offices Activities *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 51 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 101 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 52 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 102 Custom'• Push to Talk Only Plan for Security, This Public Safety, and Emergency Preparedness GovernmentNational .•Subscribers plan is not PublicThis Access Fee does notprovide • standard. $17.99 Monthly Monthly Push to Talk Minutes Unlimited Domestic Voice Per Minute Rate $0.25 Notes: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP#96625/4G Only — PP#96625 3G/4G) 621910 Ambulance Services 923120 Administration of Public Health Programs 922110 Courts 928110 National Security 922120 Police Protection 926120 Regulation and Administration of Transportation Programs 922130 Legal Counsel and Prosecution 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 922140 Correctional Institutions 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 922150 Parole Offices and Probation Offices 921150 American Indian and Alaska Native Tribal Governments 922160 Fire Protection (except private) 921190 Other General Government Support 922190 Other Justice, Public Order, and Safety 921110 Executive Offices Activities *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 52 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 102 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Custome• Mobile Broadband • •• Broadband • • • Preemption • Security, Public Safety, and First Responders GovernmentNational .•le Subscribers Only. plan is not eligible for monthly access fee discounts. MissionThis Only 4G LTE GSM/UMTS global -capable devices can be activated on this plan. Monthly Access Fee $36.05 Domestic Data Allowance0) Unlimited Notes:. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Data usage on this plan is restricted to Verizon Wireless network use only; roaming is not available. (1) Data usage on this rate plan is not subject to speed reductions ("throttling") within a given billing cycle. However, in the event data usage exceeds 25GB each billing cycle for three (3) consecutive billing cycles, data throughput speeds will automatically be reduced for data usage exceeding 25GB per billing cycle on a go -forward basis. Data usage for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at 720p. This service plan includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. Devices utilized in conjunction with this plan are limited to mobile device applications. Dedicated internet connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices (including but not limited to, body cameras and stationary video surveillance cameras), and Internet of Things ("IoT") devices* are expressly prohibited on this rate plan. This plan is only available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes**: PP# 20664 621910 Ambulance Services 923120 Administration of Public Health Programs 922110 Courts 928110 National Security 922120 Police Protection 922130 Legal Counsel and Prosecution 926120 Regulation and Administration of Transportation Programs 922140 Correctional Institutions 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 922150 Parole Offices and Probation Offices 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 922160 Fire Protection (except private) 921150 American Indian and Alaska Native Tribal Governments 922190 Other Justice, Public Order, and Safety 921190 Other General Government Support Activities 921110 Executive Offices *Internet of Things ("IoT") devices. Devices other than smartphones, aircards, jetpacks, modems, and tablets that transfer data over the network (e.g. M2M). **Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 53 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 103 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Verizon Wireless Preemption'. • National Security, Public Safety, and First Responders Government Liable Subscribers • Mission Monthly Access Fee Per MDN 1 $0.00 NOTE: Preemption Service ("Preemption") is a capability that reallocates network resources to customers so that they can connect in emergencies. In those uncommon times when the network is fully utilized, Preemption automatically activates to provide approved personnel uninterrupted access to the network. It helps ensure our national security, public safety, and first responder customers can continue to communicate with each other during times of high network use. Preemption capability is available on the Verizon Wireless 3G and 4G LTE data network. While Preemption capability may also be available on the networks of Verizon Wireless's domestic roaming partners, Verizon Wireless makes no representation of Preemption availability or reliability on such networks. Preemption is limited to select service rate plans and cannot be used in conjunction with devices or service plans utilized with dedicated internet connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices (including but not limited to, body cameras and stationary video surveillance cameras), and IoT devices are expressly prohibited from using this feature. Please note: Calls to 911 are never preempted. This feature is available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes: (PP# 86428 Basic/Smart Phone and 86433 Non -Phone 621910 Ambulance Services 923120 Administration of Public Health Programs 922110 Courts 928110 National Security 922120 Police Protection 926120 Regulation and Administration of Transportation Programs 922130 Legal Counsel and Prosecution 926150 Regulation, Licensing, and Inspection of Commercial Sectors 922140 Correctional Institutions 926130 Regulation and Administration of Comms, Electric, Gas, Utilities 922150 Parole Offices and Probation Offices 921150 American Indian and Alaska Native Tribal Governments 922160 Fire Protection (except private) 921190 Other General Government Support 922190 Other Justice, Public Order, and Safety Activities 921110 Executive Offices May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 54 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 104 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Monthly Access Fee 1 $0.00 Verizon Wireless Private Responder Core Service for National Security, Public Safety, and Emergency Preparedness ("Private Core"): Private Core extends Customer's IP network to its wireless equipment by segregating the data between such devices and Customer's servers from the public Internet (the "Internet"). This service is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: National Security/ First Responders / Public Safety Chemical • 621910 Ambulance Service • 561612 Protective Services • 922110 Courts • 922120 Police Protection • 922130 Legal Counsel and Prosecution • 922140 Correctional Institutions • 922150 Parole Offices and Probation Offices • 922160 Fire Protection (except private) • 922190 Other Justice, Public Order and Safety Activities • 928110 National Security • 921190 Other General Government Support • 541330, 541690 Chemical Engineering and Consulting • 239210 Pharmaceutical Communications • 517110 Telecommunications, Wired • 517212 Cellular and other Wireless Telecommunications • 238210, 334290 and 561620 Alarm Systems Critical Manufacturing • 237310 Highway, Street and Bridge Construction • 811310 Industry Equipment Repair • 236210 Industrial Building Construction • 211113 Extraction• 236220 Construction Mann ement • 921110 Executive Offices g • 926150 Regulation, Licensing and Inspection of Miscellaneous 921150 American Indian/Alaska Native Tribal Governments Commercial Sectors Water Energy • 924110 Water Infrastructure • 333611 Wind Turbine • 221320 Sewage Treatment Facilities • 221111 Hydroelectric Power Generation • 221310 Water Supply and Irrigation Systems • 221122 Electric Power Distribution Transportation • 221118 Other Electric Power Generation • 482111 Railway Transportation • 221210 Natural Gas Distribution • 481111 Passenger Air Transportation • 926130 Regulation and Administration of Communications, Electric, • 481112 Freight Air Transportation Gas and Other Utilities • 483111 Shipping Transportation • 221113 Nuclear Electric Power Generation • 926120 Transportation Administration • 562211 Hazardous Waste Treatment and Disposal • 491110 Postal Service Healthcare and Public Health • 926120 Public Transportation • 621112 Health Care Practitioners • 926120 Regulation and Administration of Transportation Programs • 923120 Public Health Programs Information Technology • 541512 Computer Integration • 541519 Computer Disaster Recovery *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 55 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 110 1 5 105 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Private4G LTE ■ Private I ■ Only (fixed Government• •' Data Pricing only. Not compatible with Unlimited Data Plans. MissionMetered The plans below reflect any applicable discount. No additional discounts apply. Class of service ("Cos") Customer can allocate bandwidth for applications into the Mission Critical CoS according to the PNTM Service Option selected. Mission Critical CoS Applications Recommended for video, Voice over IP, interactive services, and other mission critical applications. Best Effort CoS Applications ruitable for best effort applications (e.g. email, web browsing) Public Safety PNTM Service •• Enhanced Premium . hest Level) Level) (Entry . (Qualifying Pu. Only) Monthly Access Fee(per line Waived - $0.00 Waived - $0.00 Waived - $0.00 Mission Critical CoS Speeds Mapped Up to 0.5 Mb s Mapped Up to 2 Mb s Mapped Up to 2 Mb s Best Effort Cos Applications Remaining available Remaining available Remaining available Speeds 4G LTE bandwidth 4G LTE bandwidth 4G LTE bandwidth RF Priority on access network N/A N/A During heavy network usage periods Qualifying Public Safety NAICS: Public Safety Subscribers classified with the following NAICS codes*, performing First Responder responsibilities only. The Public Safety PNTM service option is not an on demand service. The Public Safety PNTM must be provisioned on the account prior to use in the event of an emergency situation. 621910 Ambulance Services 922110 Courts 928110 National Security 922120 Police Protection 926120 Regulation and Administration of Transportation Programs 922130 Legal Counsel and Prosecution 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 922140 Correctional Institutions 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 922150 Parole Offices and Probation Offices 921150 American Indian/Alaska Native Tribal Governments 922160 Fire Protection (except private) 921190 Other General Government Support 922190 Other Justice, Public Order, and Safety 921110 Executive Offices Activities Notes. 4G LTE Private Network subscribers with unlimited data plans are ineligible for Private Network Traffic Management. This service is only available while on Verizon Wireless' 4G network and is not available while roaming. VZ Private IP (MPLS) connectivity required. PNTM relies on customer's applications (VoIP, video, etc.) to appropriately mark IP sessions in order to prioritize their application over the 4G LTE Private Network using Internet Protocol Differentiated Services Code Point (IP DSCP). PNTM 4G LTE device must be certified for use on the Verizon Wireless network e.. Open Development/Open Access certified, validated for Private Network and Private Network Traffic Management.) * North American Industrial Classification System (NAICS) codes identify an entity's primary business activity. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 56 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1 106 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 DNS Safeguard Plus Feature for Public Safety National Security, Public Safety, and First RespoGovernment Liable Subscribers nders Mission Critical These features are not eligible for access discounts. DNS Safeguard Plus Feature for Public Safety is a network feature that will provide enhanced Domain Name Service (DNS) security for Responder Private Core customers to proactively detect and prevent cyberattacks. Code Description 87898 DNS Safe Guard Plus RPC PS Android and other OS devices $0.00 only (Non -Apple). Provisions PSINTERNET and DNS Security Plus 87901 DNS Safe Guard Plus RPC PS Apple Devices only $0.00 APPLE (Smartphones and tablets). Provisions PSINTERNET and DNS Security Plus. Note: These features are stacked with Responder Private Core Internet Access Core as a mandatory feature. The DNS Safeguard Plus features are not compatible with Wireless Private Network, Private Network Traffic Management, or One Talk. These features are open to all plans and devices as allowed with Responder Private Core Internet Access Core. These features are available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes: National Security/ First Responders / Public Safety • 928110 National Security • 485111 Mixed Mode Transit Systems (Rail & Buses) • 926120 Regulation and Administration of Transportation Programs • 485112 Commuter Rail Systems • 926150 Regulation, Licensing, and Inspection of Commercial • 621910 Ambulance Services Sectors • 922110 Courts • 926130 Regulation and Administration of Comms, Electric, Gas, • 922120 Police Protection Utilities • 922130 Legal Counsel and Prosecution • 921150 American Indian and Alaska Native Tribal Governments • 922140 Correctional Institutions • 921190 Other General Government Support • 922150 Parole Offices and Probation Offices • 921110 Executive Offices • 922160 Fire Protection (except private) • 922190 Other Justice, Public Order, and Safety Activities • 923120 Administration of Public Health Programs May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 57 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1107 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 DNS Safeguard Plus Feature for Public Sector National Security, Public Safety, and First RespoGovernment Liable Subscribers nders Mission Critical DNS Safeguard Plus Feature for Public Sector is a network feature that will provide enhanced Domain Name Service (DNS) security for Responder Private Core customers to proactively detect and prevent cyberattacks. Code Description 87896 DNS Safe Guard Plus RPC PS Android and other OS devices $1.25 only (Non -Apple). Provisions PSINTERNET and DNS Security Plus 87900 DNS Safe Guard Plus RPC PS Apple Devices only $1.25 APPLE (Smartphones and tablets). Provisions PSINTERNET and DNS Security Plus. Note: These features are stacked with Responder Private Core Internet Access Core as a mandatory feature. The DNS Safeguard Plus features are not compatible with Wireless Private Network, Private Network Traffic Management, or One Talk. These features are open to all plans and devices as allowed with Responder Private Core Internet Access Core. These features are available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes: Water Telecommunications 924110 Water Infrastructure 238210, 334290 and 561620 Alarm Systems 221320 Sewage Treatment Facilities 221310 Water Supply and Irrigation Systems Critical Manufacturing 237310 Highway, Street and Bridge Construction Transportation 811310 Industry Equipment Repair 482111 Railway Transportation 236210 Industrial Building Construction 481111 Passenger Air Transportation 211113 Extraction; 481112 Freight Air Transportation 236220 Construction Management 483111 Shipping Transportation 491110 Postal Service Energy 333611 Wind Turbine Information Technology 221111 Hydroelectric Power Generation 541512 Computer Integration 221122 Electric Power Distribution 541519 Computer Disaster Recovery 221118 Other Electric Power Generation 221210 Natural Gas Distribution Chemical 221113 Nuclear Electric Power Generation 561612 Protective Services 562211 Hazardous Waste Treatment and Disposal 541330, 541690 Chemical Engineering and Healthcare and Public Health Consulting 621112 Health Care Practitioners 239210 Pharmaceutical 923120 Public Health Programs Communications 517110 Telecommunications, Wired 517212 Cellular and other Wireless May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 58 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1108 1U8 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 DNS Safeguard Advance Feature for Public Safety and Public Sector National Security, Public Safety, and First RespoGovernment Liable Subscribers nders Mission Critical DNS Safeguard Advance Feature for Public Sector is a network feature that will provide enhanced Domain Name Service (DNS) security for Responder Private Core customers to proactively detect and prevent cyberattacks. Code Description 87897 DNS Safe Guard Adv RPC Android and Other OS Devices $2.00 only (Non -Apple) Smartphones, Tablets, Routers, Modems, etc. Provisions PSINTERNET and DNS Security Advanced. 87899 DNS Safe Guard Adv RPC APPL Apple Devices only $2.00 (Smartphones and tablets). Provisions PSINTERNET and DNS Security Advanced. Note: These features are stacked with Responder Private Core Internet Access Core as a mandatory feature. The DNS Safeguard Advance features are not compatible with Wireless Private Network, Private Network Traffic Management, or One Talk. These features are open to all plans and devices as allowed with Responder Private Core Internet Access Core. These features are available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes: National Security/ First Responders / Public Safety Chemical 621910 Ambulance Service 561612 Protective Services 922110 Courts 541330, 541690 Chemical Engineering and Consulting 922120 Police Protection 239210 Pharmaceutical 922130 Legal Counsel and Prosecution Communications 922140 Correctional Institutions 517110 Telecommunications, Wired 922150 Parole Offices and Probation Offices 517212 Cellular and other Wireless Telecommunications 922160 Fire Protection (except private) 238210, 334290 and 561620 Alarm Systems 922190 Other Justice, Public Order and Safety Activities Critical Manufacturing 928110 National Security 237310 Highway, Street and Bridge Construction 921190 Other General Government Support 811310 Industry Equipment Repair 921110 Executive Offices 236210 Industrial Building Construction 921150 American Indian/Alaska Native Tribal Governments 211113 Extraction Water 236220 Construction 924110 Water Infrastructure Management 221320 Sewage Treatment Facilities 926150 Regulation, Licensing and Inspection of Miscellaneous 221310 Water Supply and Irrigation Systems Commercial Sectors Transportation Energy 482111 Railway Transportation 333611 Wind Turbine 481111 Passenger Air Transportation 221111 Hydroelectric Power Generation 481112 Freight Air Transportation 221122 Electric Power Distribution 483111 Shipping Transportation 221118 Other Electric Power Generation 926120 Transportation Administration 221210 Natural Gas Distribution 491110 Postal Service 926130 Regulation and Administration of Communications, Electric, Public Transportation Gas and Other Utilities 926120 Regulation and Administration of Transportation Programs 221113 Nuclear Electric Power Generation 485111 Mixed Mode Transit Systems (Rail & Buses) 562211 Hazardous Waste Treatment and Disposal 485112 Commuter Rail Systems Healthcare and Public Health Information Technology 621112 Health Care Practitioners 541512 Computer Integration 923120 Public Health Programs 541519 Computer Disaster Recovery May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 59 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1109 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 60 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1110 11U Push To Talk Responder Public Safety Mission Critical Product Description Monthly Access Notes Push to Talk Responder Service $12.00 per month Calls will not be rated Voice Only 1(87911) Optional Feature Must be added with above if selected Push to Talk Responder with $10.00 per month Calls will not be rated Interoperability z (87694) • Push to Talk Responder licenses are not eligible for any further discounts. Dispatch SW License VZMCPTTDISPCLSW $3,000 per chair I One time charge Note: Coverage includes the Verizon Wireless 4G network only. Usage outside of the United States Is not supported. Lines activating on these plans must be on 4G HD voice -capable smartphones. 'Lines will need to add the Responder Private Core Internet APN Feature code to be on Push to Talk Responder. Push to Talk Responder users have the capability to make PTT calls, video calls, send and receive message and send/receive data files via the Push to Talk Responder application. Push to Talk Responder services will be charged based on the type of services the user is using as follows: 1. Push to Talk Responder service voice only can be added to any Smartphone plan as a stand-alone feature. Public Safety NAICS Codes: 485111 Mixed Mode Transit Systems (Rail & Buses) 922190 Other Justice, Public Order, and Safety Activities 485112 Commuter Rail Systems 923120 Administration of Public Health Programs 621910 Ambulance Services 928110 National Security 922110 Courts 926120 Regulation and Administration of Transportation Programs 922120 Police Protection 926150 Regulation, Licensing, and Inspection of Commercial Sectors 922130 Legal Counsel and Prosecution 926130 Regulation and Administration of Comms, Electric, Gas, Utilities 922140 Correctional Institutions 921150 American Indian and Alaska Native Tribal Governments 922150 Parole Offices and Probation Offices 921190 Other General Government Support 922160 Fire Protection (except private) 921110 Executive Offices —These features cannot Ibe used with any otheir (Push to 'ralllk IPlus plans or features** May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 60 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1110 11U DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Push to Talk Responder with $10.00 per month Calls will not be rated Interoperability z • Push to Talk Responder license are not eligible for any further discounts. Dispatch SW License I VZMCPTTDISPCLSW $3,000 per chair I One time charge Note: Coverage includes the Verizon Wireless 4G network only. Usage outside of the United States Is not supported. Lines activating on these plans must be on 4G HD voice -capable smartphones. A As a condition for accessing and using Push to Talk Responder, the Purchasing Entity must have authorized access from Verizon to use Responder Private Core Internet Access. Push to Talk Responder users have the capability to make PTT calls, video calls, send and receive message and send/receive data files via the Push to Talk Responder application. Push to Talk Responder services will be charged based on the type of services the user is using as follows: 1. Push to Talk Responder service w/o video can be added to any Smartphone plan as a stand-alone feature. 2. Push to Talk Responder Interoperability calls cannot be stand-alone features with any Smartphone plan. They must be added with the Push to Talk Responder service w/o video. **These feau:ure.s cannot Ibe used with any other (Push to Talk IPlus plans or Features" Customers must be on the below qualifying NAICS Codes: Chemical • 561612 Protective Services • 541330, 541690 Chemical Engineering and Consulting Water • 239210 Pharmaceutical • 924110 Water Infrastructure • 221320 Sewage Treatment Facilities Communications • 221310 Water Supply and Irrigation Systems • 517110 Telecommunications, Wired • 517212 Cellular and other Wireless Telecommunications Transportation • 238210, 334290 and 561620 Alarm Systems • 482111 Railway Transportation • 481111 Passenger Air Transportation Critical Manufacturing • 481112 Freight Air Transportation • 237310 Highway, Street and Bridge Construction • 483111 Shipping Transportation • 811310 Industry Equipment Repair • 926120 Transportation Administration • 236210 Industrial Building Construction • 491110 Postal Service • 211113 Extraction; 236220 Construction Management • 926120 Public Transportation Energy Information Technology • 333611 Wind Turbine • 541512 Computer Integration • 221111 Hydroelectric Power Generation • 541519 Computer Disaster Recovery • 221122 Electric Power Distribution Healthcare and Public Health • 221118 Other Electric Power Generation • 621112 Health Care Practitioners • 221210 Natural Gas Distribution • 221113 Nuclear Electric Power Generation • 562211 Hazardous Waste Treatment and Disposal May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 61 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1111 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Group First Response provides the next tier, in terms of Push To Talk features. Specifically it allows, fast setup time, ability to handle very large groups, and a strong security and priority handling. Group First Response is based on international 3GPP standards (Mission Critical Push To Talk (MCPTT)) that ensures that the user gets "LMR like" features • • First Response RespondersNational Security, Public Safety, and First Government SubscribersOnly Mission Features $25.00 and above are eligible for monthly access discounts. Description Feature Code Monthly Access Fee "Group First Response' 87781 $35.00 Push to Talk Plus Video" 87787 $20.00 Note: Group First Response features work with 5G Nationwide@ network and 4G network plans. For avoidance of doubt, Verizon's 5G Nationwide@ network is a separate network from Verizon's 5G Ultra -Wideband network. 'Group First Response is a Push to Talk Plus bolt -on feature. All lines must have a Push to Talk Plus feature to be eligible to purchase Group First Response. zCustomers must have the Group First Response feature enabled to be eligible for the Push To Talk Plush Video bolt -on feature. AAs a condition for accessing and using Group First Response, the Purchasing Entity must have authorized access from Verizon to use Responder Private Core Internet Access. Group First Response compatible device required. Group First Response is only supported on certain devices, as it requires the device to support specific hardware capabilities. ****Disclaimer: These direct services (plus any development or modification of software related to the services) may be performed outside of the borders of the United States, and restricted and sensitive data or other secure or sensitive data or personal customer data, may be collected, developed, analyzed, or otherwise used or obtained by persons or entities working outside the boundaries of the United States. These services cannot be subject to any requirements to limit the performance of the services or storage of data within the United States and should not be ordered if these are requirements in your jurisdiction. These features are available to National Security, Public Safety, and First Responder customers only as defined by the below NAICS (formerly SIC) codes. National Security/ First Responders / Public Safety • 928110 National Security • 485111 Mixed Mode Transit Systems (Rail & Buses) • 926120 Regulation and Administration of Transportation • 485112 Commuter Rail Systems Programs • 621910 Ambulance Services • 926150 Regulation, Licensing, and Inspection of • 922110 Courts Commercial Sectors • 922120 Police Protection • 926130 Regulation and Administration of Comms, Electric, • 922130 Legal Counsel and Prosecution Gas, Utilities • 922140 Correctional Institutions • 921150 American Indian and Alaska Native Tribal • 922150 Parole Offices and Probation Offices Governments • 922160 Fire Protection (except private) • 921190 Other General Government Support • 922190 Other Justice, Public Order, and Safety Activities • 921110 Executive Offices • 923120 Administration of Public Health Programs May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 62 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1112 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 • • First Response• Non Public•Customers Mission Critical Features $25.00 and above are eligible for monthly access discounts. Description Feature Code Monthly Access Fee ^Group First Response' 87781 $35.00 Push to Talk Plus Video' -2 87787 $20.00 Note: Group First Response features work with 5G Nationwide@ network and 4G network plans. For avoidance of doubt, Verizon's 5G Nationwide@ network is a separate network from Verizon's 5G Ultra -Wideband network. 'Group First Response is a Push to Talk Plus bolt -on feature. All lines must have an active Push to Talk Plus feature to be eligible to purchase Group First Response. zCustomers must have the Group First Response feature enabled to bee I igiblefor the Push To Talk Plush Video bolt -on feature. "Group First Response requires each line to have Responder Private Core Internet Access (RPC IAC) on their lines to enable the feature. Group First Response compatible device required. Group First Response is only supported on certain devices, as it requires the device to support specific hardware capabilities. ""Disclaimer: These direct services (plus any development or modification of software related to the services) may be performed outside of the borders of the United States, and restricted and sensitive data or other secure or sensitive data or personal customer data, may be collected, developed, analyzed, or otherwise used or obtained by persons or entities working outside the boundaries of the United States. These services cannot be subject to any requirements to limit the performance of the services or storage of data within the United States and should not be ordered ifthese are requirements in your jurisdiction. These features are available to National Security, Public Safety, and First Responder customers only as defined by the below NAICS (formerly SIC) codes Water Telecommunications 924110 Water Infrastructure 238210, 334290 and 561620 Alarm Systems 221320 Sewage Treatment Facilities 221310 Water Supply and Irrigation Systems Critical Manufacturing 237310 Highway, Street and Bridge Construction Transportation 811310 Industry Equipment Repair 482111 Railway Transportation 236210 Industrial Building Construction 481111 Passenger Air Transportation 211113 Extraction; 481112 Freight Air Transportation 236220 Construction Management 483111 Shipping Transportation 491110 Postal Service Energy 333611 Wind Turbine Information Technology 221111 Hydroelectric Power Generation 541512 Computer Integration 221122 Electric Power Distribution 541519 Computer Disaster Recovery 221118 Other Electric Power Generation 221210 Natural Gas Distribution Chemical 221113 Nuclear Electric Power Generation 561612 Protective Services 562211 Hazardous Waste Treatment and Disposal 541330, 541690 Chemical Engineering and Healthcare and Public Health Consulting 621112 Health Care Practitioners 239210 Pharmaceutical 923120 Public Health Programs Communications 517110 Telecommunications, Wired May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 63 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1113 113 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 517212 Cellular and other Wireless First Response Dispatch and Video Bundles NationalGroup • and First Responders Government• •eOnly Mission Description License Bundles Frequency Price Dispatch Group DIS—PTT—GROUP—CMD—VIDEO Monthly $300.00 Command With Video Dispatch Group Advance DIS—PTT—GROUP—ADV—LMR—VIDEO Monthly $281.00 with LMR and Video Dispatch Group DIS—PTT—GROUP—CMD—LMR—VIDEO Monthly $306.00 Command with LMR and Video Dispatch PTT+with LMR DIS—PTT—LMR—VIDEO Monthly $236.00 and Video Dispatch Group Advance DIS—PTT—GROUP—ADV—VIDEO Monthly $275.00 with Video Dispatch PTT+with DIS—PTT—VIDEO Monthly $230.00 Video Note: Is there a note for the Sku's?? I can state that these are licenses that the customers can cancel at any time. Is there anything else you want to state? Command and advanced had paragraphs on how they worked etc. where is that for these? All lines must have a Group First Response compatible device with an active Push to Talk Plus feature to be eligible to purchase Group First Response Dispatch and Video Bundles. These features are available to National Security, Public Safety, and First Responder customers only as defined by the NAICS (formerly SIC) codes. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 64 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1114 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Interoperabillity Mission Interoperability licenses are not eligible for any further discounts. Software Sku Sku Description Pricing Frequency Price U960-985-005-GOV Public Safety IWS Edge Monthly $139.95 Clients' U960-991-001-GOV Public Safety Multimedia Monthly $7'95 PTT Clients' Public Safety Radio Monthly U960-610-001-GOV Gateway $39.95 Interconnection Public Safety Video Monthly U960-240-001-GOV Gateway $46.95 Interconnection' U960-260-001-GOV Public Safety Telephone Monthly $19.98 Interconnections U961-985-001-GOV Public Safety Soft Panic Monthly $112.50 SW6 Hardware Sku's One time charge Sku Sku Description Pricing Frequency Price U980-100-001 All Network provisioning One time $795.00 U990-800-001 All Staging Testing One time $300.00 U500-614-001 4 PORT HW RADIO One Time $3,000.00 GATEWAY U500-612-001 2 PORT HW RADIO One Time $2,400.00 GATEWAY U500-610-001 1 PORT HW RADIO One Time $1,995.00 GATEWAY M840-475 VIDEO STREAMING One Time $2,100.00 DEVICE M400-351 SMART CABLE FOR VIDEO One Time $399.00 SCARPING Note: Coverage includes the Verizon Wireless 4G network only. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Lines activating on these plans must be on 4G HD voice -capable smartphones. Mutualink solution provides the interoperability required when an active incident occurs (robbery, shooting etc.), and there is a need for different public safety agencies, schools, or commercial establishments to work together. Specifically allow all parties to exchange video, files (e.g. floor plans), messages, in addition to instant Push To Talk for voice communication. Interoperability— Mutualink solution improves collaboration (Audio, Video, Data) during emergencies in real-time. Overcome silos by enabling you to share information, between first responders, schools, and private security personnel, when you need it. 1. IWS Edge Client — Has a way of allowing drag and drop of participants and creating an active incident. Sharing audio/video data. 2. Multimedia PTT Client — Group communication to share audio/video data. 3. Radio Gateway Interconnection — Monthly charge for connecting the radio gateway to the hosted solution 4. Video Gateway Interconnection - Monthly charge for connecting the radio gateway to the hosted solution 5. Telephone Interconnection - Monthly charge for connecting the radio gateway to the hosted solution (Wireline) 6. Soft Panic SW —Allows customer to create an incident with predefined participants automatically The above SIkuu"s are mutually exchusivrve from one ,another.1"hey cannot be used on time sarrne MIDN at the same time** May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 65 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1115 115 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 66 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1116 116 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Local• • This feature is NOT eligible Mission Monthly Access Fee for Government Agencies (88111) • for monthly access fee discounts. Critical Customers may process an uplift that may $1.00 auto renew within a 23 hr. period Notes: Local Network Command (LNC) is a tool that provides on -demand local control of pre -selected users' network quality of service enhancement on a temporary basis. LNC requires each line to have Responder Private Core Internet Access (RPC IAC) on their lines to enable the feature. Below are the eligible NAICS codes: "Uplift will renew up to three (3) times after original uplift request, based on the length of time of the original uplift. Total uplift time (original and renewed) cannot exceed 23 hours. Water Telecommunications 924110 Water Infrastructure 238210, 334290 and 561620 Alarm Systems 221320 Sewage Treatment Facilities 221310 Water Supply and Irrigation Systems Critical Manufacturing 237310 Highway, Street and Bridge Construction Transportation 811310 Industry Equipment Repair 482111 Railway Transportation 236210 Industrial Building Construction 481111 Passenger Air Transportation 211113 Extraction; 481112 Freight Air Transportation 236220 Construction Management 483111 Shipping Transportation 491110 Postal Service Energy 333611 Wind Turbine Information Technology 221111 Hydroelectric Power Generation 541512 Computer Integration 221122 Electric Power Distribution 541519 Computer Disaster Recovery 221118 Other Electric Power Generation 221210 Natural Gas Distribution Chemical 221113 Nuclear Electric Power Generation May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 67 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1117 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 561612 Protective Services 541330, 541690 Chemical Engineering and Consulting 239210 Pharmaceutical Communications 517110 Telecommunications, Wired 517212 Cellular and other Wireless 562211 Hazardous Waste Treatment and Disposal Healthcare and Public Health 621112 Health Care Practitioners 923120 Public Health Programs Local• • • — Enterprise Customers This feature is NOT eligible for monthly access fee discounts. Mission Monthly Access Fee for Enterprise/626 Customers may process an uplift that may Customers (NAICS Qualified) (8776) $2.50 auto renew within a 23 hr. period Notes: Local Network Command (LNC) is a tool that provides on -demand local control of pre -selected users' network quality of service enhancement on a temporary basis. LNC requires each line to have Responder Private Core Internet Access (RPC IAC) on their lines to enable the feature. Below are the eligible NAICS codes: **Uplift will renew up to three (3) times after original uplift request, based on the length of time of the original uplift. Total uplift time (original and renewed) cannot exceed 23 hours. Water 924110 Water Infrastructure 221320 Sewage Treatment Facilities Telecommunications 221310 Water Supply and Irrigation Systems 238210, 334290 and 561620 Alarm Systems Transportation Critical Manufacturing 482111 Railway Transportation 237310 Highway, Street and Bridge Construction 481111 Passenger Air Transportation 811310 Industry Equipment Repair 481112 Freight Air Transportation 236210 Industrial Building Construction 483111 Shipping Transportation 211113 Extraction; 491110 Postal Service 236220 Construction Management Information Technology Energy 541512 Computer Integration 333611 Wind Turbine 541519 Computer Disaster Recovery 221111 Hydroelectric Power Generation 221122 Electric Power Distribution Chemical 221118 Other Electric Power Generation 561612 Protective Services 221210 Natural Gas Distribution 541330, 541690 Chemical Engineering and 221113 Nuclear Electric Power Generation 562211 Hazardous Waste Treatment and Disposal Consulting 239210 Pharmaceutical Healthcare and Public Health 621112 Health Care Practitioners Communications 923120 Public Health Programs 517110 Telecommunications, Wired 517212 Cellular and other Wireless May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 68 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1118 118 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Equipment Pricing One (1) Basic voice device at no charge on rate plans with a monthly access fee of $14.99 or higher per 24 months/ per line. Make and model at Verizon Wireless sole discretion, subject to availability. SOFL Approved Government Equipment Matrix devices. Verizon Wireless Government 10K 2yr matrix pricing only. All devices shall include an AC charger at no additional cost with the initial purchase. Additional or replacement AC chargers may be purchased Enterprise Network Extender at 25% off retail. 25% discount applies to the non -discounted, full retail price only of qualifying equipment. Notes: Verizon Wireless reserves the right to add or discontinue models. Equipment is subject to availability. Verizon Wireless' Government Equipment Matrix is updated at a minimum quarterly based upon equipment availability, changes in technology, and market conditions. Not eligible for any other promotional pricing offers. Equipment becomes eligible for upgrade after 24 months in service. Government Subscribers are eligible to receive a 25% discount from the non -discounted, retail price of qualifying accessories. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 69 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1119 119 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Verizon Wireless Fees Our wireless 411 SearchSM is an enhanced directory assistance service with automatic connection. 411 Search offers Insufficient Funds Check Waived Bill Reprint Waived Late Fee Waived Record Change/Upgrade Fee Waived Directory Assistance: 411 SearchSM Our wireless 411 SearchSM is an enhanced directory assistance service with automatic connection. 411 Search offers phone numbers, addresses and information providing quick, safe and convenient service with up to three listings and one call connection per call or text. Voice call $1.99 (subject to change) per call plus applicable airtime, toll, wireless long distance and landline charges Message Sent via text With messaging bundle: $1.99 plus airtime for the call, and the message will be subtracted from the monthly allowance Per text message: $1.99 plus airtime for the call and $0.20 for the text message Block all calls except local calls (as defined by call plan): This is not permissible, but Flexible Business Plans are toll free nationwide. No blocking available to Canada or for premium calls such as 411. Toll charges may apply. Block spam and robocalls: Verizon Call Filter helps you avoid unwanted callers with spam protection, and allows you to set up a spam filter by level of risk, preventing unsolicited calls by sending them directly to voicemail. The basics (spam detection, blocking and reporting) are available at no charge. Block inbound/outbound text messages: Inbound and outbound text messaging can be blocked, including both at the same time at no charge. Block international calls to and from North America only: International Services Enabled (ISE) is required to permit calls to Mexico. Blocking is available within the North America dialing pattern, which includes the U.S. and Canada. Toll charges may apply. Incoming calls can originate anywhere in the world. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 70 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. -1120 DocuSion Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 . . . . . . . . . . . . . . . . . . . . . ............... . .......... Access i aye V rc,r, 11 ree a Data F", 11:a $2,,99 a Data $2.99 a Data Stora go CapacIty 20 20 40 40 40 (Mnssagos) F,— Duration F" rninutes 3 VIiinutes 4 M Mutes 3 Miinutcs A 5 Minutcs I irazirv< cirlptJoin NA t V2 NA L x IiAsUrflbutJoin Ills 151 C.mz NIA NA 20 Distirii I tic) in UVcrirrolruurir,s,r JO 301 NA L�A 50 CaIll Return NA x L x Sav(� Voiccimafl FNA X INA Li A x Czffloir Ilta^pondoinL NIA I INA NIA 20 GreoUings Cafllei�r 1) pcmdeint Gireelikq,, NIA I INA NA 50 Meimbers por groui:n Rcjply Ilby 11 cxt FNA X x x iiorward by to FNA NA NA [!A X vo�ccirirmfl to R Fro, NA NA x I ApIplica Fpq/� I x x X x Roply I iaco I nrc =- FNA j NA x L �F May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 71 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. @Verizon2021. —112 1 1 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Number Monthly Access Domestic Anytime PTT Plus Domestic Anytime Voice Allowance Domestic Anytime Voice Allowance Charge Per Line Lines Per Month Minutes Per Month Minutes Per Month SOFL Plan Number Monthly Access Tier Domestic Anytime PTT Conventional (PTT+ 94976) $10.00 Charge Per Line Plus Lines Per Month (Basic) Device Smartphone Device Plan Feature 26.1 through 213.18 Data Sent/Received Per the data package selected or Per the voice calling plan. PTT Plus service requires PTT Plus enabled device and coverage. PTT Plus Interoperability requires an Interoperability Gateway, Per selected voice (PTT+ 94976) $10.00 1-8,999 0 calling plan requirements Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT Plus service requires PTT Plus enabled device and coverage. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Number Monthly Access Domestic Anytime PTT Plus Domestic Anytime Voice Allowance Charge Per Line Lines Per Month Minutes Per Month 26.1 through 213.18 As a plan: As a feature: (PTT+ 94976) $10.00 1-8,999 0 Per the voice calling plan Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT Plus service requires PTT Plus enabled device and coverage. PTT Plus Interoperability requires an Interoperability Gateway, PTT Plus enabled device, and coverage. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS - 10/11 -008C for further details. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 72 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1122 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The calling features below reflect the monthly access charge discount. No additional discounts apply. SMS Text Messaging) SOFL Plan Number Monthly Access Charge Domestic Message Domestic Messages Per Per SMS Message Rate Domestic Messages Per Per MMS Message Rate Allowance Month Sent/Received 3.1 through 3.13 $0.00 0 1 -450,999 $0.02 77847 $0.05 77848 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received see attached International services pricing for further details... Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS - 10/11 -008C for further details. The calling features below reflect the monthly access charge discount. No additional discounts apply. The calling features below reflect the monthlY access charge discount. No additional discounts apply. MMS Picture and Video Messa in SOFL Plan Number Monthly Access Charge Domestic Message Domestic Messages Per Per MMS Message Rate Allowance Month Allowance Month Sent/Received 3.1 through 3.25 $0.00 0 1 -1,608,999 $0.05 77848 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to Multi -Media Messaging (MMS): Multi -Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services MCS Contract DMS -10/11-008C for further details. The calling features below reflect the monthly access charge discount. No additional discounts apply. SMS Broadcast Text Messaging SOFL Plan Number Monthly Access Charge Domestic Message Domestic Messages Per Per SMS Message Rate Allowance Month Sent/Received 3B.1 through 3B.25 $0.00 0 1-130,999 $0.02 77847 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services MCS Contract DMS -10/11-008C for further details. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 73 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1123 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The calling plans below reflect the monthly access charge discount. No additional discounts apply. No Domestic Long Distance Charges SOFL Plan Domestic Number Anytime Minutes Conventional and Smartphone Devices Monthly Access Charge Overage Rate Domestic Voice Roaming (Outside Florida 6.1 a 86192 250 $20.60 $0.041 $0.103 6.4a 86193 600 $30.90 $0.041 $0.103 Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push -to -Talk Plus $0.00 6.6a(86194) Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. The calling Ian below reflects the monthly access charge discount. No additional discounts apply. No Domestic Long Distance Charges SNumberrCIFIL n Domestic Anytime Conventional and Smartphone Devices Domestic Voice Number Allowance Minutes* Monthly Access Charge Overage Rate Roaming (Outside Florida 6.6a(86194) Unlimited $41.20 N/A $0.103 includes PTT+ Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push -to -Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3GAG Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. PTT Plus service requires PTT Plus enabled device and coverage. The calling plans below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Domestic Anytime Conventional and Smartphone Devices Voice Roaming Number Allowance Minutes* Monthly Access Charge Overage Rate (Canada and Mexico 6.6a (86197) Unlimited $51.50 N/A $0.69 includes PTT+ Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push -to -Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3GAG Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 74 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1124 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The calling plans below reflect the monthly access charge discount. No additional discounts apply. The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional and Smartphone/BlackBerry Devices Monthly Access Charge SOFL Plan Monthly Access Nationwide Voice Domestic Tethering Domestic Data Allowance Overage Rate Unlimited Text, Number Charge Allowance Allowance Overate Rate tethering Picture, Video 6.10b(77294 and Per Line 500MB and 79409-3G), $32.96 Messaging and Data 6.ld(86768-3G) $51.00 Unlimited 5GB $10.30/GB 6.11b(77295 and Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. The calling plans below reflect the monthly access charge discount. No additional discounts apply. The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional and Smartphone/BlackBerry Devices Monthly Access Charge SOFL Plan Monthly Access Nationwide Voice 4G Domestic Domestic Data Allowance Overage Rate Unlimited Text, Number Charge Allowance Hotspot/Tethering Overate Rate tethering Picture, Video 6.10b(77294 and Per Line 500MB and 79409-3G), $32.96 Messaging and Data 86769 -4G) $51.00 Unlimited 5GB $10.30/GB 6.11b(77295 and Included : See attached Plan and Feature Details for important information about calling plans, features and options. L Overage Rate applies after nce. 4G service requires 4G equipment and 4G coverage. The calling Ian below reflects the monthly access charge discount. No additional discounts apply. The calling plans below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Data for BlackBerry devices onl SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Overage Rate Unlimited Text and Number Per Line tethering MMS Messaging 6.10b(77294 and $15.45 500MB and 79409-3G), $32.96 79789 N/A Included** $0.00849per MB Included* 6.11b(77295 and $20.60 1,000MB 79790 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be Exhibit 6B(79740 $23.69 2,000MB and 79791) Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans The calling Ian below reflects the monthly access charge discount. No additional discounts apply. Data for BlackBerry devices only SOFL Plan Monthly Access Charge Unlimited Text and Number Per Line Domestic Data Allowance Overage Rate MMS messaging and tethering 6.12b(79407 -4G and 79409-3G), $32.96 Unlimited* N/A Included** (79781-4G and 79780-3G Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 75 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1125 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice **Not available when bundled with the State of Florida Nationwide Custom Pooled Voice Services Plans The calling feature below reflects the monthly access charge discount. No additional discounts apply. With a Mobile Broadband Connect capable Smartphone/BlackBerry devices only SOFL Plan Monthly Access Charge Domestic Data Allowance Per Minute Rate and Long distance Number Per Line 6.1f (76404-4G, $10.00 Unlimited* Per the Voice Plan 76405-3G) Notes: See attached Plan and Feature Details for important information about plans, features and options. Mobile Broadband Connect is currently available on select voice and data devices, and provides Mobile Broadband service utilizing the device as a modem. A mobile office kit, VZAccess Manager Software, a cable for tethering and/ or a software update may be required. Bluetooth® is not supported with Mobile Broadband Connect. Feature may only be added onto an eligible plan coupled with a Custom State of Florida Smartphone or BlackBerry Data Feature Package (SOFL Plans 6.6b, 6.7b, 6.10b, 6.11b and Exhibit 66). Per Minute Rate applies to voice calls and other data usage in the United States. For optional features, the underlying calling plan determines the rates for voice airtime, and domestic long distance. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice E1F00 Eq Monthly Access Fee $50.00 Data Allowance' Unlimited Mobile Hotspot2 Unlimited Monthly Anytime Minutes Unlimited Domestic Long Distance Toll Free Included Domestic and International Messaging Allowance' Unlimited Notes: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing see attached International services pricing for further details.. Only a 4G smartphone can be activated on this plan. 'After 10 GB of data usage on a line during any billing cycle, usage may be prioritized behind other customers in the event of network congestion. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at up to 480p. 'Mobile Hotspot is available on all capable devices and allows the line to share data allowance with multiple Wi-Fi enabled devices. If 10 GB of Mobile Hotspot data usage is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds for additional usage for the remainder of the then -current billing cycle for the line that exceeds the data usage. 'Unlimited messaging from within the United States to anywhere in the world where messaging services are available. See attached International services pricing for further details. The "Custom 4G Unlimited Smartahone Plan for Public Sector— State of Florida Government' is eligible to use Travel Pass SPO code 383. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 76 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1126 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Plans and Associated Charges: Billing, shipping and end-user address must be within an area where Verizon Wireless is licensed and provides service. Charges for calls will be based on the cell sites used, which may be outside the calling plan coverage area even when the subscriber is physically within the coverage area. Time of the call is based on the telephone switching office that carries the call, which may be different from the time of day shown on subscriber's phone. Unused monthly minutes and/or Megabytes are lost. On outgoing calls, charges start when subscriber first presses SEND or the call connects to a network, and on incoming calls, when the call connects to a network (which may be before it rings). A call may end several seconds after subscriber presses END or the call disconnects. Calls made on the Verizon Wireless network, are only billed if they connect (which includes calls answered by machines). Billing for airtime and related charges may sometimes be delayed. Calls to "911" and certain other emergency services are toll-free and airtime -free, Airtime may be charged when dialing toll-free numbers. Anytime Minutes: Anytime Minutes apply when making or receiving calls from a calling plan's rate and coverage area.. Airtime is rounded up to the next full minute. Allowance minutes/Megabytes are not transferable except as may be available on plans with sharing. In order to gain access to coverage in newly expanding markets, subscribers must periodically dial *228 to update roaming information from voice or Smartphone devices; from the VZAccess Manager, go into "Options" and click "Activation," while in the National Enhanced Services Rate and Coverage Area every three months. This may alter the rate and coverage area. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. Long Distance: Unlimited domestic long distance is included when calling from the calling plan's home rate and coverage area, unless otherwise specified in the calling plan. Unlimited Messaging: Unlimited Messaging is included with select plans and is available in the National Enhanced Services rate and coverage area in the United States. Messaging applies when sending and receiving (i) text, picture and video messages to and from Verizon Wireless and Non -Verizon Wireless customers in the United States, (ii) Text, picture, and video messages sent via email, (iii) Instant messages, and (iv) Text messages with customers of wireless carriers in Canada, Mexico, Puerto Rico, and the U.S. Virgin Islands. Messaging is subject to Text, Picture, and Video Messaging Terms and conditions. Premium messages are not included. Mobile to Mobile Calling: Mobile to Mobile Calling minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless subscriber while in the Nationwide Rate and Coverage area. Mobile to Mobile calls must originate and terminate while both Verizon Wireless subscribers are within the Mobile to Mobile Calling area. Mobile to Mobile Calling is not available (i) with fixed wireless devices with usage substantially from a single cell site, (ii) for data usage including Push to Talk Plus calls, Picture or Video Messaging (iii) if Call Forwarding or No Answer/Busy Transfer features are activated, (iv) for calls to Verizon Wireless customers using any of the International services, (v) for calls to check Voice Mail, (vi) in those areas of Louisiana and Mississippi where the users roaming indicator flashes, (vii) in Canada and Mexico and (viii) to users whose current wireless exchange restricts the delivery of Caller ID And (viiii) for incoming calls if Caller ID is not present or Caller ID Block is initiated. Mobile to Mobile Calling minutes will be applied before Anytime Minutes. Night and Weekend Minutes: Apply to calls made in a calling plan's rate and coverage area only during the following hours: 12:00 am Saturday through 11:59 pm Sunday and 9:01 pm to 5:59 am Monday through Friday. If both Night and Weekend and Mobile to Mobile Calling minute allowances apply to a given call, Mobile to Mobile Calling minutes will apply before Night and Weekend minutes. However, if either allowance is unlimited, the unlimited allowance will always apply first. Push to Talk Plus: Push to Talk Plus capable Equipment required. Push to Talk Plus capable Equipment can only be used with a Push to Talk Plus calling plan. Subscribers switching from a Push to Talk Plus Calling Plan to another calling plan may not be able to use certain Push to Talk Plus capable Equipment with the new plan. Push to Talk Plus calls may only be made with other Verizon Wireless Push to Talk Plus subscribers. Push to Talk Plus Subscribers may initiate or participate on a call, simultaneously, with as many as 250 total participants (total is limited to (50) if interoperating between 3G and 4G participants). Administrators can be designated to manage the Push to Talk contact lists via a single website interface with a single user name/password. Existing Push to Talk Subscriber Equipment may require a software upgrade to use Push to Talk Plus or replacement with a Push to Talk Plus capable device. Push to Talk Plus is only available within the National Enhanced Services Rate and Coverage Area and WiFi access points. There will be a delay from the time a Push to Talk Plus call is initiated until the Push to Talk Plus call is first received by the called party.. If an incoming voice call is received while on a Push to Talk Plus call the voice call may be answered and the Push to Talk Plus placed on hold. If an incoming Push to Talk Plus call is received while on a Push to Talk Plus call the PTT call icon can be selected to connect to the Push to Talk Plus call. If the incoming voice or Push to Talk Plus call is not answered a missed call alert will display. Network registration information will be sent to the Equipment each time it is powered on in the National Enhanced Services Rate and Coverage Area, each time the Subscriber travels into the National Enhanced Services Rate and Coverage Area, and every 12 hours if the Subscriber stays within the National Enhanced Services Rate and Coverage Area. While the updated network registration information is being sent to the Equipment, incoming voice calls will go directly to voice mail. Contact list cannot be modified from certain Equipment. Subscriber cannot prevent others who have the Subscriber's MTN from entering the MTN into their Push to Talk contact list. Only one person can speak at a time during a Push to Talk Plus call.. In -Call Talker Override (Talker Priority) allows a pre -determined user priority to take May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 77 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 the floor to communicate urgent message over participant. Push to Talk Plus services cannot be used for (i) access to the Internet, intranets or other data networks, except as the device's native applications & capabilities permit, (ii) any applications that tether Equipment to laptops, personal computers or other devices for any purpose. Please refer to the attached One Talk terms of service. International Long Distance: You need International Eligibility to make international calls to most countries, but you can make calls to some North American destinations without it. Additional surcharges may apply when calling certain countries. International Roaming Some services, such as premium text messaging, directory assistance, entertainment lines and third -party services, may be available, and charges for these services will be billed (along with applicable toll charges) in addition to roaming rates. Message -waiting -indicator service is not available where Text Messaging is not available. When using International Phone, or International Data services, or if you subscribe to a Nationwide Plus Canada or Nationwide Plus Mexico Plan, and you're roaming near country borders, calls may be carried by a cell site located in a neighboring country and billed at that country's rates. Verizon Wireless will terminate your service for good cause if less than half of your voice or data usage over three consecutive billing cycles is on the Verizon Wireless National Enhanced Services Rate and Coverage Area. International rates and destinations are subject to change without notice. You must add International Eligibility to your account to roam in many destinations. By using Equipment outside the United States, Subscriber is solely responsible for complying with all applicable foreign laws, rules and regulations ("Foreign Laws"), including Foreign Laws regarding use of wireless phones while driving and use of wireless camera phones. Verizon Wireless is not liable for any damages that result from subscriber's failure to comply with Foreign Laws. Roaming in GSM countries: GSM International Phone, activated in the United States with compatible Subscriber Identity Module (SIM) card required. Rates terms and conditions apply only when roaming on participating GSM networks in published International Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. Service in certain countries may be blocked without prior notice. Where Text messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. Text messaging rates are subject to change. Text messages may be sent only to MTNs of (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Ask your account manager for the most current list of participating foreign carriers. Data Services: Verizon Wireless charges you for all data and content sent or received using our network (including any network overhead and/or Internet Protocol overhead associated with content sent or received), as well as resolution of Internet Protocol addresses from domain names. Sending or receiving data using a virtual private network (VPN) involves additional VPN overhead for which you will be charged. Please note that certain applications or widgets periodically send and receive data in the background, without any action by the user, and you will be billed for such data use. Applications may automatically re-initiate data sessions without you pressing or clicking the as or connect button. Data sessions automatically terminate after 24 hours. A data session is inactive when no data is being transferred. Data sessions may seem inactive while data is actively being transferred, or may seem active when the data is actually cached and data is not being transferred. If you have a Data Only plan and use voice service, domestic voice calls will be billed at $0.25/minute. Verizon Wireless is implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While Verizon Wireless invests much effort to avoid changing text, image, and video files in the compression process, and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please refer to the Network Performance attachment. . Verizon Wireless strives to provide customers with the best experience when using our network, a shared resource among tens of millions of customers. To further this objective, Verizon Wireless has implemented Network Optimization Practices designed to ensure that the overwhelming majority of data customers aren't negatively impacted by the inordinate data consumption of a few users. If you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users, Verizon Wireless may reduce your data throughput speeds when connected to a congested cell site. The reduction can last for the remainder of the current bill cycle and the immediately following bill cycle to ensure high quality network performance for other users at locations and times of peak demand. For a further more detailed explanation of these techniques please refer to the Network Performance attachment.. Data transfer amounts will vary based on application. If you download an audio or video file, the file may be downloaded in sections or in its entirety; data charges will apply to the portion downloaded, regardless of whether you listen to or watch all of it. You may access and monitor your own data usage during a particular billing period, including during the Return Period, by accessing My Verizon online or by contacting Customer Service. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 78 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Data Services: Permitted Uses: You can use Verizon Wireless Data Services for accessing the Internet and for such uses as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP). Data Services: Prohibited Uses. You may not use our Data Services for illegal purposes or purposes that infringe upon others' intellectual property rights, or in a manner that interferes with other users' service, that violates trade and economic sanctions and prohibitions as promulgated by the Departments of Commerce, Treasury or any other U.S. government agency, that interferes with network's ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable "bots" or similar routines (as set forth in more detail (ii) below) or otherwise denigrate network capacity or functionality; (ii) "auto -responders, "cancel -bots," or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e-mail use by others; (iii) generating "spam" or unsolicited commercial or bulk e-mail (or activities that facilitate the dissemination of such e-mail); (iv) any activity that adversely affects the ability of other users or systems to use either Verizon Wireless' services or the Internet -based resources of others, including the generation of dissemination of viruses, malware, or "denial of service" attacks; (v) accessing or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate Verizon Wireless' or another entity's network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or "any keep alive" functions, unless they adhere to Verizon Wireless" requirements for such usage, which may be changed from time to time. Verizon Wireless further reserves the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and Verizon Wireless reserves the right to deny, modify or terminate service, with or without notice, to anyone Verizon Wireless believes is using Data Services in a manner that adversely impacts the Verizon Wireless network. Verizon Wireless may monitor your compliance, or other subscribers' compliance, with these terms and conditions, but Verizon Wireless will not monitor the content of the communications except as otherwise expressly permitted or required by law. [See the attached Verizon Full Privacy Policy] Unlimited Data Plans and Features (such as Mobile Broadband, and Push to Talk Plus) may ONLY be used with wireless devices for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). The Unlimited Data Plans and Features MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous uploading, downloading or streaming of audio or video programming or games; (ii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine—to— machine connections or peer—to—peer (132P) file sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. For individual use only and not for resale. We will protect our network from harm, which may impact legitimate data flows. We reserve the right to limit throughput or amount of data transferred exceeding 25 GB in any given billing cycle on any line, in any given billing cycle, for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage, and reserve the right to deny or terminate service, without notice, to anyone we believe is using an Unlimited Data Plan or Feature in any manner prohibited above or whose usage adversely impacts our network or service levels. Anyone using more than 25 GB per line in a given billing cycle is presumed to be using the service in a manner prohibited above, and we reserve the right to immediately terminate the service of any such person without notice. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB in with prior written notice. We also reserve the right to terminate service upon notification to the customer. Unlimited , Mobile Broad bandAccess, and InternationalAccess data sessions may be used for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited Mobile BroadbandAccess and Push to Talk Plus services cannot be used (i) for uploading, downloading or streaming of movies, music or games, (ii) with server devices or with host computer applications, other than applications required for Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP), automated machine -to -machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited Mobile BroadbandAccess services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment's native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync. Unlimited Mobile BroadbandAccess and data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 79 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Data Roaming: International Eligibility is needed to roam in many destinations. See attached International services pricing for further details. International Data Optional Features: International PC Card required for international use. International PC Cards will not work in the United States or Canada and GlobalAccess Subscribers will need a Mobile BroadbanclAccess PC card for domestic use. The domestic and International PC Cards cannot be used at the same time. International Data Optional Features subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves the right to terminate the service of any subscriber whose total usage is less than half on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including "overhead" (data that is in addition to user -transmitted data, including control, operational and routing instructions, error -checking characters as well as retransmissions of user -data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer's device. Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. Data Roaming: InternationaI eligibility is needed to roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV -D0. Please refer to the attached international services pricing for additional details. M2M Data Plan Share Options: Share Options: Sharing is available only among Government Subscribers on applicable M2M Low Usage and High Usage calling plans. Account Share: Customer may activate up to 15 share groups per account. Sharing is available only among M2M Lines on the Mobile Broadband M2M Account Share Plans on the same billing account, in the same usage group (e.g. Low Usage and High Usage plans cannot share with each other). Unused allowance will be distributed to M2M Lines with an overage on an as needed basis to M2M Lines on the same billing account that have exceeded their allowance during the same monthly billing period. At the end of each bill cycle any unused allowances will be applied to the overages of the other M2M Lines on the same account beginning with the line with the lowest overage need until depleted. Customers subscribing to Mobile Broadband M2M Account Share Plans will be billed on separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Profile Share Plans. Profile Share: Customer may activate one (1) share group per profile (e.g. Low Usage and High Usage plans cannot share with each other); however, customer may have multiple bill accounts on the same profile. Sharing is available only among M2M Lines on the Mobile Broadband M2M Profile Share Plans on the same profile, in the same usage group. Each sharing M2M Lines unused KBs will pass to other sharing M2M Lines that have exceeded their data allowance during the same monthly bill cycle. Unused KBs will be distributed proportionally as a ratio of the KBs needed by each applicable M2M Line to the total KBs needed by all sharing M2M Lines on the same profile. Customers subscribing to Mobile Broadband M2M Profile Share Plans will be billed on separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Account Share Plans. Note: 1A profile is defined as a Customer's overarching account of record under which Customer may have multiple billing accounts One Talk from Verizon, together with its related devices, software and applications ("Service" or "One Talk"), is a commercially available business telephone solution that brings together the functions of office phones and mobile devices (smartphones and tablets) into a unified system, with all devices sharing the same communication features. Please refer to the One Talk Features as attached hereto for a listing of features currently available with the Service.) The following terms of service apply to the One Talk Service. "Customer' means the eligible entity purchasing the One Talk service under the Contract along with any Customer end users using the Service. 1. Customer Agreement. Customer's use of the Service is subject to all Contract terms. This applies regardless of whether the end user device is on the Customer's account or paid for by the end user (e.g. a Bring Your Own Device arrangement between Customer and end user). 2. How the Service Works. For the Service to work on wireless devices, Customer must select the line on your agency's profile to which you wish to add the One Talk feature. Each One Talk phone number can be shared with up to eight (8) devices (which can include one (1) May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 80 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. III DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 smartphone using One Talk in Basic Dialer mode (if available), five (5) smartphones and/or tablets using the One Talk Mobile App, and two (2) desk phones. (Note that desk phones are not required for the Service.) You may only make voice and/or video calls with up to three (3) devices per One Talk phone number at the same time. The Service is not compatible with all price plans and desk phones are not available under all contracts. Check with your sales representative for plan compatibility with the Service and the availability of desk phones under the Contract. Customer is solely responsible for managing its end user access to the One Talk Service, management of end user devices and management of information transmitted via the Service. Addition of devices and associated Service features is managed and administered by the Customer through Verizon Wireless' web portal. A. One Talk Components One Talk Basic Dialer. If available, the One Talk Basic Dialer adds various business features to a compatible device's native dialer, which on a compatible smartphones.) With One Talk in Basic Dialer mode, Customer's One Talk phone number will be the same as its Verizon Wireless phone number. Other devices that you select will share the same One Talk phone number. One Talk Mobile App. The One Talk Mobile App is available for smartphone and tablets eitherfromthe Google PlayTM Store for devices with AndroidTM 5.0 or higher or from the Apple® App Store for devices with iOS 9.0 or higher. To use the Service, Customer must add a One Talk phone number to the Mobile App and end users must use the Mobile App to make voice and video calls and to send and receive messages. You can also obtain access to One Talk features through the Mobile App. With the Mobile App, the device will have two phone numbers — one for its original native dialer (if available), and the other for the One Talk number. Other associated devices will share the same One Talk number. Users may install the One Talk Mobile App on a compatible device, including devices receiving service from other carriers. In such circumstances, One Talk phone numbers must be added to their devices, and the users will be Verizon Wireless subscribers for purposes of the Service only, even if they continue to use a different carrier for their original mobile telephone numbers. In order to use messaging through the One Talk Mobile App, the customer also must add the Message+App. Message+ App. The Message+ App provides an integrated and customized messaging experience across an end user's mobile phone, tablet, PC, and other devices, and an integrated calling experience across a user's mobile phone and tablet. (Note that integrated calling is not part of the One Talk Service.) An end user can also send group, location and other multimedia messages ("MMS") in addition to traditional text messages. The Message+ App includes an Integrated Messaging feature that lets users send and receive text and multimedia messages on an end user's smartphone, tablet, computer or the web using a user's Verizon One Talk mobile telephone number. The service syncs up to 90 days of messages across an end user's devices. One Talk Desk Phones. One Talk desk phones are Voice -over -Internet Protocol (VoIP) devices that must be purchased from Verizon Wireless. At your location, you will need separate broadband service (from Verizon or another ISP), either Ethernet or Wi-Fi connectivity, and AC power. Check with your Verizon Wireless sales representative for the availability of desk phones under the Contract. Auto Receptionist: Hunt Group. In order to utilize either of these features, Customer must activate anew Verizon Wireless line or port in aline from another carrier. The settings for the line must be configured using the One Talk section of the My Business web portal. B. Charges For each One Talk line, you will be charged a monthly recurring fee for the Service, in addition to the charges for data, voice, and messaging based on yourservice plan. Charges for international use may apply. You may be assessed additional 911 surcharges if required by law, for up to a maximum of three devices on each mobile phone number during the applicable billing cycle. Desk Phones. Voice and video calls to and from One Talk desk phones will consume data on your existing broadband, cellular, or Wi-Fi connection. The following applies if you use the VZW network to connect to the Service: One Talk Basic Dialer. Adding the One Talk feature to a smartphone does not consume any data. If you have a device that supports video calling, the voice portion will be billed as minutes of use and the video portion will be billed as data. Voice calls will be billed as minutes of use only. One Talk Mobile App. Your download of the One Talk Mobile App will consume approximately 30 MB of data. Your use of the Service (including your download of the One Talk Mobile App) will be billed as data. Auto Receptionist; Hunt Group. You will be charged a monthly recurring fee for each Auto Receptionist and Hunt Group line in your company's profile. 3. Integrated Calling Charges (Message+). Integrated Calling does not have a separate monthly service fee, but data usage charges will be incurred in accordance with Customer's service plan. If a call is transferred among connected devices, each transfer will be billed as a separate call. Also, depending on the service address, Customer may be assessed an additional 911 charge if required by law. Any call made from a tablet to a U.S. number will be treated as a domestic call, no matter where the call originates. Any call made from a tablet to a non -U.S. number will be treated as an international long distance call that originates in the U.S., which is subject to U.S. taxes, fees and Verizon surcharges, no matter where the call actually originates. These calls will be billed in accordance with Customer's international calling plan and/or international Contract rates. 4. Emergency 911 Calls. End users can make a 911 call over a Wi-Fi connection when using the Service, but whenever possible, end users May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 81 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. II4 6. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 should avoid doing so because 911 calls over a WiFi connection will not work if there is a failure of your broadband connection or electrical power, or if the 911 system doesn't recognize the address. In addition, when using a One Talk desk phone, voice functionality (including the ability to make and receive 911 calls) will not be available during a power outage, broadband connection failure or other service disruption. Before any desk phone can be activated or the Service can be activated on any device, Customer must enter the U.S. address where Customer wants emergency services to be sent if end users call 911. It is not necessary to use the same address for all devices. It is very important that Customer updates its 911 address whenever Customer changes its location for any of these devices because this is the location that will be given to emergency services when end users dial 911. End users can go to their mobile device's Settings and change their 911 address at any time. Customer can change the 911 address for a desk phone on the One Talk section of the My Business web portal. (Note: With a smartphone using the One Talk Mobile App, emergency services will use the 911 address only if you use Wi-Fi to make the 911 call. If end users are using the Verizon Wireless Network, their smartphone's built-in capabilities will provide the location of the end user's device.) 5. Integrated Messaging Text Message Feature. To send and receive SMS messages, Mobile devices associated with either One Talk Basic Dialer (if available) or One Talk Mobile App must download the Message+ App to the device. The Integrated Messaging functionality of Message+ enables you to synchronize messages across multiple devices, including smartphones, tablets and the web. Text messages sent and received while using the Service are separate from the native texting app (dual numbers) and are only temporarily retained on the One Talk message platform in the cloud. End users with access to the Service on a Smartphone or the Mobile Client can retrieve/download any text message sent or received using the Service. HIPAA. Integrated Messaging is not designed for secure transmission or storage of personal healthcare information. Therefore, Customer agrees not to use Service to store or transmit Protected Health Information (PHI) as defined in the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively "HIPAA"). Covered Entities and Business Associates (as defined by HIPAA) will not use Integrated Messaging to store or transmit PHI. Customers that do not want its end users to save messages to the cloud (including all Covered Entities and Business Associates, as defined by HIPAA), must have an authorized representative block Integrated Messaging. For further information One Talk Verizon Messages terms of service.. To learn more about HIPAA,goto: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html. 7. Service Limitations. The Service is not compatible with fax machines, credit card machines or certain security systems. Your Verizon Wireless representative can suggest other possible solutions for some of these functions. Please check with your provider to confirm the compatibility requirements of your security system. 8. Important Service Disclosures. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THAT THE SERVICE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS CUSTOMER MAY HAVE. CUSTOMER AGREES TO USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWSAND NOTTO USE THE SERVICES IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON VERIZON WIRELESS,OTHER THAN THOSE WITHWHICH WEHAVE EXPRESSLY AGREED TO COMPLY IN THIS ADDENDUM. CUSTOMER IS ON NOTICE THAT ANY TEXT MESSAGES DELIVERED TO A DEVICE USING THE SERVICE WILL REMAIN ON THAT DEVICE, EVEN AFTER THE MESSAGING FEATURE IS REMOVED OR END USER IS DEREGISTERED AND NO LONGER HAS ACCESS TO THE SERVICE. END USERS CONTROLTHE DELETION OF MESSAGES RECEIVED ON THEIR DEVICES. 9. Software. In connection with the Service, Verizon Wireless will provide software that is owned by us, our affiliates or third -party licensors ("Software"). Verizon Wireless may update the Software from time to time and Customer and/or end user failure to install any update may affect Customer's Service and/or use of the Software. Customer may use the Software only as part of, or for use with, the Service as authorized in this Addendum. Verizon Wireless grants Customer a limited, non-exclusive, non -transferable license to use the Service and the Software solely as authorized in this Addendum. All rights regarding use of the Service and Software not expressly granted in this Addendum are reserved by Verizon Wireless and/or any third -party licensors. The Software contains some programming, scripts, tools, modules, libraries, components, or other items that were developed using "Open Source" code; which are available for review in the One Talk attachments. Software was developed solely at private expense, and Customer has no other rights in software than those set forth herein. As such, customer may not adapt, alter, modify, reverse engineer, de -compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software, or otherwise tamper with or modify any security features or other Service components for any reason (or allow or help anyone else to do so). Customer also agrees to follow all rules and policies applicable to the Service, including the installation of required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. 10. Disclaimer of Warranty. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VERIZON WIRELESS, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE VERIZON PARTIES AND ANY THIRD PARTY MOBILE APPLICATION STORE May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 82 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 1132 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 OPERATORS FROM WHICH YOU DOWNLOAD THE ONE TALK MOBILE APP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER. 1. DEFINITIONS. In these Terms and Conditions, the following terms, when capitalized, shall have the meaning set forth below: "Customer Website Pages" means the web pages on the Networkfleet Website designated by Networkfleet for use by Customer. "Devices" means the Networkfleet wireless device(s) identified on an accepted order. "Networkfleet Services" means the services ordered hereunder including, but not limited to: (a) collection of diagnostic and/or location information from a Vehicle; (b) any proprietary data feed or elements thereof or any APIs provided by Networkfleet; (c) analysis, delivery and posting of Vehicle information to the Networkfleet Website; (d) notification to Customer and/or a designated third party by e-mail of certain events or Vehicle information; (e) Customer access and usage of Customer Website Pages; and (f) Device installation services. "Networkfleet Website" means the Networkfleet website currently located at www.networkfleet.com. "Network Fleet" is a wholely owned subsidiary of Verizon Communications, Inc, and an affiliate of Cellco Partnership, d/b/a Verizon Wireless which is the "Contractor" under the Verizon Wireless State of Florida Contract DMS -10/11-008C "Service Partners" means the entities that Verizon Wireless works with, from time to time, to provide the Networkfleet Services, including, but not limited to, installers, website operators, mapping data providers and licensors. "Vehicle" means any vehicle equipment equipped with a Device and owned or under the control of Customer. 2. NETWORKFLEET LICENSE. During the time that Customer is entitled to receive Networkfleet Services hereunder, the Customer shall have a non exclusive, non transferable license to (i) use the Networkfleet Services in the United States and such other countries as may be approved by Verizon Wireless in writing, (ii) access and use the Customer Website Pages, and (iii) use the firmware and software included in the Devices, solely for use in connection with the Networkfleet Services, and as provided in these Terms and Conditions. Redistribution or resale of this information by the Customer is prohibited without prior written consent. 3. INSTALLATION SERVICES. If Verizon Wireless accepts an order for Device installation services, such services may be performed by Service Partners who will install the Device at a mutually agreed location, in accordance with Networkfleet's Installation Policy, located at in the Networkfleet attachements., as it may be amended from time to time, which is available at the Networkfleet Website. Customer acknowledges and agrees that installation of the Device may involve drilling holes, rewiring and other similar alterations to the Vehicle and that Verizon Wireless is not obligated to restore the Vehicle after removal of the Device. 4. CUSTOMER OBLIGATIONS. Customer shall limit its use of the Devices, Networkfleet Services, Networkfleet Website, and Customer Website Pages to their intended purposes and shall comply, and cause its employees and agents to comply with all applicable laws and regulations and with Networkfleet's Website Acceptable Use Policy, Privacy Policy and all other policies that Networkfleet may establish from time to time, which are, or will be available, on the Networkfleet Website. Customer shall inform its drivers of Vehicles that such Vehicle has been enabled for Networkfleet Services and that the Networkfleet Services include the collection of data points associated with the Vehicle's location and manner of operation. 5. LIMITED WARRANTY. (a) Verizon Wireless warrants to Customer that a Device purchased hereunder (other than an Asset Tracker device) will be free from defects in material and workmanship that prevent the Device from functioning in accordance with its specifications for a period of three (3) years following the initial activation of a Device. The period may be extended though the same period of time as the Customer has continuously paid for Networkfleet Services for the Device; (b) Verizon Wireless warrants to Customer that an Asset Tracker device which has been purchased new from Networkfleet by Customer, will be free from defects in material and workmanship that prevent it from functioning in accordance with its specifications for a period of three (3) years from initial activation, excluding the battery. (c) Verizon Wireless warrants to Customer that all accessories that are purchased new from Networkfleet by Customer will be free from defects in material and workmanship that prevent them from functioning in accordance with their specifications for a period of one (1) year from the date of shipment, (d) Verizon Wireless warrants to Customer that installation services will be free from defects in workmanship for a period of one (1) year from completion of any such installation services (unless Customer has purchased an extended installation warranty). Verizon Wireless warrants that extended warranty May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 83 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. II4 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 installation services will be free from defects in workmanship for a period of one (1) year following completion of such services. The period may be extended through the same period of time as the Customer has continuously paid for such extended warranty installation service. (e) Warranty claims must be made by notifying Verizon Wireless in writing promptly after Customer learns of the facts supporting a warranty claim, as specified in Networkfleet's current applicable warranty policy as attached hereto. Verizon Wireless will, at its discretion, either repair or replace any non -complying Device with a Device of equivalent functionality, and if applicable, remedy any defects in installation of the Device. (f) THE REMEDIES IN THIS SECTION ARE THE SOLE OBLIGATIONS AND REMEDY FOR BREACH OF ANY WARRANTY. 6. EXCLUSIONS. The Limited does not cover repair, replacement or correction of any defect, damage or malfunctions caused by: (i) failure to properly install the Devices as described in the Networkfleet installation guides (if installation is not performed by Networkfleet); (ii) accident, negligence, theft, vandalism, operator error, misuse or acts of Nature; (iii) failure of the facilities Customer uses to access the Networkfleet Website or to conform to Networkfleet specifications; (iv) modifications, attachments, repairs or unauthorized parts replacements performed by Customer or any third party not authorized by Networkfleet; or (v) use by Customer of hardware or software not provided or approved by Networkfleet. Customer will be responsible for the cost of Support Services provided by Networkfleet caused by any of the foregoing. 7. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, VERIZON WIRELESS MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE DEVICES AND THE NETWORKFLEET SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VERIZON WIRELESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. VERIZON WIRELESS DOES NOT WARRANT THAT THE RECEIPT OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM THE DEVICES WILL BE AVAILABLE AT ALL TIMES, AT ALL GEOGRAPHIC LOCATIONS, UNINTERRUPTED OR ERROR -FREE, OR THAT THE TRANSMISSION OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM NETWORKFLEET TO CUSTOMER OR TO THE CUSTOMER WEBSITE PAGES WILL ALWAYS BE ACCURATE, TIMELY OR COMPLETE. 8. LIMITATION OF LIABILITY. (a) NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THAT PARTY IS INFORMED THAT THOSE DAMAGES MAY OCCUR. VERIZON WIRELESS' CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID TO VERIZON WIRELESS. (b) WITHOUT LIMITING THE FOREGOING, VERIZON WIRELESS AND THE SERVICE PARTNERS ARE NOT RESPONSIBLE FOR LIABILITIES OF ANY KIND RESULTING FROM DELAYS IN DELIVERY, INSTALLATION OR PROVIDING NETWORKFLEET SERVICES OR OTHER SERVICES, REGARDLESS OF THE CAUSE OF THE DELAY. CUSTOMER UNDERSTANDS AND AGREES THAT VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM AN ALLEGED OR ACTUAL LACK OF SECURITY RELATING TO CUSTOMER'S USE OF THE NETWORKFLEET SERVICES. (c) CUSTOMER UNDERSTANDS AND AGREES THAT: (i) THE DEVICE IS A WIRELESS DEVICE AND THAT WIRELESS COMMUNICATIONS NETWORKS ARE USED TO CONNECT THE DEVICES WITH NETWORKFLEETS DATA CENTER AND BY USING GPS (GLOBAL POSITIONING SYSTEM) TO DETERMINE A VEHICLE'S LOCATION; (ii) THE NETWORKFLEET SERVICES WILL NOT OPERATE UNLESS A VEHICLE IS IN AN AREA THAT HAS ADEQUATE WIRELESS COMMUNICATIONS COVERAGE AND, EVEN IF A VEHICLE IS IN SUCH AREA, THE NETWORKFLEET SERVICE IS SUBJECT TO WIRELESS SERVICE NETWORK AND TRANSMISSION LIMITATIONS AND MAY BE ADVERSELY AFFECTED BY TERRAIN, SIGNAL STRENGTH, WEATHER AND ATMOSPHERIC CONDITIONS, OR OTHER THINGS THAT VERIZON WIRELESS DO NOT CONTROL; AND (iii) INFORMATION ABOUT A VEHICLE'S LOCATION WILL NOT BE AVAILABLE UNLESS THE DEVICE IN THE VEHICLE IS ABLE TO RECEIVE GPS SIGNALS. 9. PROPRIETARY RIGHTS. Customer acknowledges and agrees that the Devices, the Networkfleet Service and the Networkfleet Website may include patent, copyright, trademark, service mark, trade secrets, or other intellectual property rights (collectively "Proprietary Rights") of Networkfleet, its affiliates or the Service Partners (including, with respect to the Networkfleet Website, materials that may be proprietary to Service Partners and suppliers, and that Networkfleet, its affiliates, including Verizon Wireless and/or the Service Partners retain title to and ownership of those Proprietary Rights and any and all improvements, modifications, fixes or enhancements made by or for Networkfleet, its affiliates and/or the Service Partners to the Devices, the Networkfleet Service or the Networkfleet Website and grant such Customers a limited license for purposes of utilizing the services for the purposed outlined in this agreement. Customer will not copy, modify, reverse -engineer, disassemble or decompile any software or firmware included in any Device or the Networkfleet Website or otherwise provided to Customer by or on behalf of Networkfleet, and will not disclose such software or provide access to the Devices, such software or any Networkfleet Services to any third party for such a purpose. Customer agrees that with respect to the Networkfleet Services, it shall not, nor shall it permit any third party to (a) assign, transfer, lease, rent, sell, distribute or import such Networkfleet Services to any third party; (b) except with the express written consent of Verizon Wireless, combine, embed or incorporate the Networkfleet Services into any other product or service other than any Customer -owned or developed interface for purposes of receiving the data feed delivered from the Networkfleet Devices; (c) reverse engineer, translate, convert, decompile the Networkfleet Services; (d) remove or alter any proprietary notices in the Networkfleet Services;(e) use the Networkfleet Services in connection with the transmission, sale, license, or delivery of any infringing, defamatory, offensive, or illegal products, services, or materials; (f) use the Networkfleet Services in any manner that threatens the integrity, performance, or availability of the Networkfleet Service; or (g) use the Networkfleet Service in any manner that violates local, state or federal laws, regulations or orders. The Networkfleet Website includes aerial, satellite imagery from Digital Globe, one of the Service Partners, as a mapping option. If Customer uses such mapping option, Customer agrees to comply with the terms of use contained in Digital Globe's End User License Agreement reference Networkfleet MAXAR DigitalGlobe attached hereto. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 84 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. III DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 10. MODIFICATIONS; WEBSITE MAINTENANCE. Networkfleet may alter or modify all or part of the Devices, the Networkfleet Services or the Networkfleet Website from time to time; provided such changes do not materially adversely affect Customer's use of the Networkfleet Services or Networkfleet Website. Subject to the foregoing, such changes may include, without limitation, the addition or withdrawal of features, information, products, services, software or changes in instructions. Networkfleet reserves the right to perform scheduled maintenance for the Networkfleet Services and Networkfleet Website from time to time. This may include application and database maintenance as well as general website maintenance and may or may not involve Networkfleet Website and Networkfleet Services unavailability. 11. DATA. Customer represents and warrants that it has all rights and authority with respect to the data Verizon Wireless, Networkfleet, and the Service Partners acquire and transmit through Customer's use of the Devices, the Networkfleet Services and the Networkfleet Website ("Business Data") and grant the rights and approvals set forth in this Agreement and further grants to Verizon Wireless, Networkfleet, its affiliates and the Service Partners the nonexclusive, license and right to collect, access and use Business Data, and to access, copy and use the Business Data in the course of performing the Networkfleet Services and to analyze, measure and optimize the performance of the Devices and the Networkfleet Services and to develop new offerings for Customer and others and for other purposes of Networkfleet and its affiliates, including the development of data products for sale, licensing and distribution to third parties during the term of its contract with the Customer; provided, however, that except as may be required under law or court order, Networkfleet will not disclose or distribute Business Data to a third party in a form that permits identification of Customer. 12. EXPORT CONTROL. Customer understands and agrees that: (i) the software used in connection with the Service is controlled by US export control laws; (ii) further transfer or export of the software may be subject to US export control laws or similar laws of other countries; (iii) Customer will abide by such laws; and (iv) Customer will not re-export or divert the software to a country or activity in contravention of U.S. law. Customer represents and warrant that: (i) Customer is not now located in, does not maintain an office or residence in, is not a citizen of, nor does Customer intend to travel to (without agreeing to follow any specific federal regulatory parameters on such travel), any of the following countries: Cuba, Iran, North Korea, Sudan, Syria, or other locations where the United States or other governments may have restrictions; and (ii) Customer is not, nor does Customer anticipate being, listed on any U.S. Government, United Nations or other country's prohibited parties list (including, but not limited to the U.S. Department of Commerce Denied Persons List or Entity List and the U.S. Treasury Department's Specially Designated Nationals, Terrorists or Narcotics Traffickers List). 13. OWNERSHIP AND ACCEPTANCE. Title transfer and acceptance of products and services occur upon shipment or provision of service. 14. GENERAL. (a) No amendment, change, modification or waiver to any provision of any accepted order or these Terms and Conditions will be binding unless signed by an authorized representative of each party. (b) The parties' respective rights and obligations under Sections 7. DISCLAIMER OF WARRANTIES, 9. PROPRIETARY RIGHTS, and 11. DATA survive termination of an order. This Call Filter Service Attachment ("Call Filter Attachment") to the Agreement between Customer and Verizon Wireless sets forth the terms and conditions specific to the Call Filter Service (described below) to be provided by Verizon Wireless to Customer hereunder. If there are any inconsistencies between this Call Filter Attachment and the Agreement, this Call Filter Attachment shall control with respect to the Call Filter Service functionality or operation. Any capitalized but undefined terms used in this Call Filter Attachment shall have the meanings given such terms in the Agreement. 1. Call Filter Service Overview. Verizon Wireless's Call Filter Service allows Customer to take manage its calls (the "Service"). 2. Call Filter and Call Filter Plus Service Description. Call Filter is available to Customer for no additional monthly charges, and provides spam protection (spam alerts, blocking and reporting). Call Filter Plus provides added protection with caller ID and other premium features for a monthly charge, which are set forth in the Call Filter Plus Service Fees exhibit attached hereto. Call Filter utilizes network -based functionality to provide spam alerts and caller ID information on Customer's devices, and will not require the Call Filter application for these features. Spam blocking and other enhanced spam protection tools require the Call Filter application and a compatible device. Availability of certain features will vary depending on the device. . Basic phones will receive network -based spam protection. Call Filter requires Verizon Wireless's 4G LTE network; limited features of the Service may be available if Customer is roaming on a VoLTE network outside of Verizon Wireless's 4G coverage area. 3. Call Filter Limitations. Call Filter is not available for incoming calls from restricted or unlisted numbers. Call Filter does not detect spam calls from international numbers, but Customer may choose to block calls from international numbers. Call Filter May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 85 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. III DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 utilizes analytics and databases that are continually evolving, including spam reporting by customers. Call Filter may not work with some of our other services like NumberShare or eSIM lines. 4. Spam Protection and the Call Filter Application. Call Filter will alert Customer when Customer receives potential spam calls and allows Customer to turn on the spam filter to automatically block (send directly to voicemail) spam calls based on Customer's preferred risk level (as determined by Customer in the Call Filter application). If Customer enrolls in Call Filter through the Call Filter application, Verizon will automatically turn on Customer's spam filter to block all high-risk spam calls, but Customer can always turn off or adjust the blocking within the Call Filter application. Call Filter Plus, provides additional protection with caller ID for unknown numbers, access to a risk assessment meter for each spam call, reverse spam number lookup, and additional categories of spam alerts including "Robo Caller" or "Potential Fraud." With Call Filter Plus, depending upon Customer's device, Customer may also be able to view a list of callers that have been identified as spam or blocked, and block and un -block specific numbers. Call Filter's spam detection and block management may inadvertently mislabel or block legitimate callers including those to whom Customer may have given consent to communicate with via Customer mobile number. Customer should check Customer voicemail to determine if the caller is legitimate (if they left a voice message and if Customer have voicemail enabled). Verizon Wireless does not guarantee that all calls that are spam will be detected. Customer's spam settings such as spam filters and personal block and spam lists will be permanently deleted once Customer changes devices, uninstalls the Call Filter application, unsubscribes or downgrades the Service, or in the case of Android users, disables the Call Filter application or clear application cache or data. 5. Caller ID. Caller ID, available with Call Filter Plus, displays the name, phone number, city and state of a caller's phone number, if these details are available and supported by Customer's device. Some devices may only display the caller's name as the Call Filter may not be available on all devices. Some devices also allow identification of text messages when using an eligible messaging application. Android users may also see the caller's uploaded photo if available. 6. The caller's identity may not show if they are labelled as Robo Caller, Potential Spam or Potential Fraud on certain operating systems. Customer's saved contact names will show instead of the caller identification (so if a call would normally show as a Robo Caller with the Service, but is in Customer's list of contacts, that contact name will show instead). If Customer uploads a photo, Customer's photo will be seen by other Verizon Wireless customers that use the Service but will not override a Customer's contact photo (uploading is not available for all devices). Data Charges. Subject to the Agreement, data charges may apply for download of the application and use of the Service. Call Filter does not operate on Wi-Fi, so data charges may apply when using the Service even if Customer device is also connected to Wi-Fi. If Customer's device is eligible for the uploading or receiving of a picture, data charges apply to such uploading and also for receiving pictures. Such data charges will be billed to Customer's Verizon Wireless account according to Customer's data plan. The Service will automatically renew every month unless canceled. For Call Filter Plus, Customer will be billed a Monthly Access Fee as specified in the Call Filter Plus Service Fees exhibit. 8. Privacy. Verizon Wireless may use information about Customer's activity in the Service, subject to our Privacy Policy, please refer to the attached Verizon Full Privacy Policy. . In order to provide the Service to Customer, Verizon Wireless will access the following information: MTN, contacts, call log, and messages (Android devices only). Verizon Wireless does not share information for any other purposes other than to render the Service. While a Customer end user can review or turn off these permissions at any time in the device settings, without access to that information, the Service will not be provided to that device. 9. Licenses and Restrictions. Call Filter is the property of Verizon Wireless or its licensors. Call Filter software and any application installed on Customer devices are licensed and not sold to Customer. Verizon Wireless and its licensors grants to Customer a limited, non-exclusive, revocable, non -transferable, personal, non-commercial license to use the Service for its intended use, in the United States. 10. Restrictions on Use. Customer will not, or permit anyone else to, sell, resell, distribute, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. Customer may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. Customer will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to Customer herein are reserved. Verizon Wireless may revoke this license at any time without notice. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 86 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 11. Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Verizon Wireless's brand are the sole property of Verizon Wireless and Verizon Wireless does not grant any rights to such branding to Customer for any use at all. Customer may not remove or alter any copyright, trademark, or other intellectual property notices of the Service. 12. User Content. For certain eligible devices, the Service allows Customer to upload a photo to display. Customer may choose to attach a photo from Customer own photo gallery, a new photo that Customer take, or a photo available for use from an Internet search that Customer conducts. Customer is responsible for any content that Customer uploads to the Service. Verizon Wireless does not monitor or control the content Customer chooses to send via the Service and, Verizon Wireless disclaims all responsibility for such content. Photos that Customer did not take may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. Customer agrees that Customer will not attach copyrighted content in a way that infringes any copyright, and that Customer is wholly responsible for any copyright infringement resulting from Customer's conduct. If Customer is unsure about whether Customer's conduct is lawful, Customer should not attach the content. 13. Digital Millennium Copyright Act Notice. If Customer believe that Customer content has been improperly used in the Service in a way that constitutes copyright infringement please contact Verizon at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Verizon's system or network should be promptly sent in the form of written notice to Verizon's Designated Agent. The Designated Agent for DMCA Notice is: Verizon Copyright Department 1320 North Courthouse Road, Floor 9 Arlington, Virginia 22201, U.S.A. Fax 703.351.3669 Email DMCA@verizon.com NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements: 1. Signature of copyright owner or person authorized to act on behalf of the owner; 2. Identification of copyrighted work claimed to be infringed; 3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address); 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed. It is the policy of Verizon that upon receipt of a valid DMCA notice Verizon will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)). 14. Open Source and Third Party Licenses. Customer's use of the Service is subject to open source licenses that form part of the Service. Certain software or technical information is licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. The open source licenses that form part of the Service. Please refer to the Call Filter open source licenses attached hereto. : • [This link is broken. Our technical team reached out to the vendor and that vendor is working on the links, but it has not yet been resolved. • This link is broken. Our technical team reached out to the vendor and that vendor is working on the links, but it has not yet been resolved. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 87 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. III DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 15. Termination. Subject to the dispute resolution provision in the Agreement, Verizon may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice, including if Customer breaches this Call Filter Attachment. Customer may terminate Customer's use of the Service at any time by unsubscribing to the Service. 16. DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY VERIZON OR ITS LICENSORS 'AS IS', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT. CUSTOMER USES THE SERVICE AT ITS OWN RISK. VERIZON WIRELESS AND ITS LICENSORS, AND VENDORS MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULLNESS, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPED, VIRUS FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION, LABELING, SPAM OR BLOCK MANAGEMENT, OR BLOCKING OF CALLS. VERIZON WIRELESS AND ITS LICENSORS, AND VENDORS DO NOT PROVIDE ANY WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE THAT ALL SPAM, ROBOCALLER AND FRAUDLENT CALLERS WILL BE IDENTIFIED, LABELED CORRECTLY OR BLOCKED. THE SERVICE COULD CAUSE DAMAGE TO CUSTOMER, ITS DATA, DEVICES, SOFTWARE OR HARDWARE. 17. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VERIZON WIRELESS OR ITS LICENSORS, AND VENDORS FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT CUSTOMER MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE VERIZON WIRELESS, ITS LICENSORS, AND VENDORS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS -IDENTIFICATION, MIS -MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, MANAGE OR BLOCK A CALLER. 18. [Reserved] 19. Export Control. Use of the Service may be subject to the export and import laws of the Unites States and other countries. Customer agrees to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the applicable Application, Customer agrees that Customer are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasure Department's list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. Customer also agrees that Customer are not located in a country that is subject to the U.S. government embargo, or that is designated by the U.S. as a terrorist supporting country and Customer are not listed on any U.S. government list of prohibited or restricted parties. Customer agrees also not to attempt to export or import any encrypted information, materials, hardware or software. 20. Safety. Customer must not endanger either Customer or others by using the Service while driving or engaging in any other activity that requires Customer's full attention. This Agreement is between you, as our Customer or End User, and Verizon Wireless ("VZW") and it sets forth the terms and conditions under which you agree to use and we agree to provide PTT Responder, a mission -critical push to talk solution (also known as the "Service"). By using or accessing PTT Responder, you accept these Terms & Conditions. VZW may change these terms and conditions from time to time as permitted by applicable law. By continuing to use the Service after VZW has notified you of changes, you are accepting those changes. 1. Customer Agreement. For business customers, PTT Responder is subject to your company's major account agreement with VZW. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 88 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. III DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2. How the Service Works. You can access PTT Responder in the following ways: (i) through a mobile application (the "Mobile App"), or (ii) by downloading computer software from the VZW website (the "Computer Client"). Not all PTT Responder service features are available through all access methods. 3. Charges. Your download of PTT Responder will be billed according to the applicable data plan. Your use of PTT Responder will be billed according to the monthly recurring fee that you agreed to pay, and use on certain devices will be billed according to the applicable data plan. For a list of those devices that will be billed according to your data plan, please see the Public Safety Services document attached 4. Privacy. VZW may use information about your activity in PTT Responder, subject to our Privacy Policy and applicable law attached hereto. . 5. Licenses. Mobile App, Computer Client, or any other executable associated with your access or use of PTT Responder is referred as "PTT Responder Software". You have a limited, non-exclusive, non -transferable license to use PTT Responder in the U.S. and the object code version of PTT Responder Software solely for the purposes for which it is provided and only in accordance with all documentation provided by VZW or its licensors or suppliers and, for the sake of clarity, is not for resale and is not sublicensable. The PTT Responder Software contains some programming, scripts, tools, modules, libraries, components, or other items that were developed using "Open Source" code, and information about these items is available in the attached Open Source document.. Nothing in this Agreement will be construed to limit any rights granted under such open source licenses. 6. Maps. If you are using PTT Responder Dispatcher Request Location from Client and PTT Responder Dispatch with MAP Integration as standalone products (not in conjunction with Push to Talk Plus), such use will require use of OpenStreetMap (© OpenStreetMap contributors). Use of OpenStreetMap within PTT Responder is subject to the Open Data Commons Open Database License (ODbL) licensed by the OpenStreetMap Foundation (OSMF). Please refer to the attached Open Street map document. . The ODbL may be updated from time to time and are incorporated into these Terms and Conditions by reference, as if set forth fully herein. If you do not accept the ODbL including all limitations and restrictions therein as may be updated by OpenStreetMap from time to time, you may not use PTT Responder. Your use of the OpenStreetMap service within PTT Responder will constitute your acceptance of the ODbL. If there is a conflict between these Terms and that license, the ODbL license terms will control. 7. Consent to Share Location Information. PTT Responder Dispatcher Request Location from Client and PTT Responder Dispatch with MAP require sharing of your "Location Information" (data that can be used to describe, determine or identifythe location of the mobile device you use while accessing PTT Responder). With your consent, your Location Information will be shared with your employer, for business purposes only. 8. Additional Terms for Device Call Logging and Recording. For PTT Responder, the Device Call Logging and Recording feature within PTT Responder permits your employer to log and record your calls while you are using a mobile device with PTT Responder. By using PTT Responder, you consent to calls on your mobile device being logged and recorded by your employer, and you consent to any person authorized by your employer listening to your conversation(s) for training and other legitimate business purposes. Employers shall restrict access to the Device Call Logging and Recording feature of PTT Responder to only authorized employees, who shall only use the feature during business hours for training and other legitimate business purposes. 9. Restrictions on Use. You may not, or allow others to (i) transfer, assign or sublicense its license rights to any other person or entity or use the PTT Responder Software on any equipment other than the equipment on which it was originally installed, and You acknowledges that any attempted transfer, assignment, sublicense or use shall be void; (ii) make error corrections to or otherwise modify or adapt the PTT Responder Software, create derivative works based upon the PTT Responder Software, or permit third parties to do the same; (iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the PTT Responder Software to human -readable form or attempt to reconstruct or discover the source code, underlying ideas or algorithms of any components of the PTT Responder Software, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; (iv) use or permit the PTT Responder Software to be used to perform services for third parties, whether on a service bureau ortime-sharing basis or otherwise, without the express written authorization of Verizon; (v) remove or obscure any proprietary notices from the PTT Responder Software, documentation or other materials furnished or made available hereunder; (vi) disclose, provide, or otherwise make available trade secrets contained within the PTT Responder Software and documentation in any form to any third party without the prior written May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 89 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 consent of Verizon; (vii) enable any PTT Responder Software features or capacity (e.g., additional storage hours, agents, ports or mailboxes) which is licensed as separate products without Verizon's prior written consent; and/or (viii) permit or encourage any third party to do any of the foregoing. Customer shall implement reasonable security measures to protect such trade secrets. 10. Termination. VZW may terminate or discontinue PTT Responder at any time without notice, including if you breach these Terms and Conditions, subject to the applicable contracts disputes act if you are a government entity. 11. Disclaimer of Warranty; Limitation on Liability. PTT RESPONDER AND ANY INCLUDED SOFTWARE IS PROVIDED 'AS IS', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VZW OR ITS LICENSORS OR SUPPLIERS. VZW'S LIABILITY SHALL BE LIMITED ASSET FORTH IN THE CUSTOMER AGREEMENT (AND THE LIABILITY OF EACH VZW LICENSOR AND SUPPLIER SHALL BE LIMITED TO THE SAME EXTENT). 12. Export Control. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and not export, or allow the export or re-export of PTT Responder in violation of any such restrictions, laws or regulations. By downloading or using PTT Responder, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any restricted parties list. 13. Safety. Please do not endanger yourself and others by using PTT Responder while driving or engaging in any other activity that requires your full attention. 1. GENERAL 1.1 Service Definition 1.2 Service Availability 2. SUPPLEMENTAL TERMS 2.1 Customer Agreement 2.2 Privacy 2.3 Licenses 2.4 Consent to Share Location Information 2.5 Disclaimer of Warranty; Limitation of Liability 3. CUSTOMER RESPONSIBILITIES 3.1 Restrictions on Use 4. FINANCIALTERMS 4.1 Responsibility for Charges 1. GENERAL 1.1 Service Definition. Local Network Command is a local control solution allowing for temporary uplift of mobile devices to enhanced network performance (also known as the "Service"). 1.2 Service Availability. You can access the Service through a web -based tool hosted at the VZW MyBiz portal. The account single point of contact (SPDC) must preselect the users for uplift through the Service. The account SPOC can preselect users individually or as part of a group. The account SPOC must also create and designate specific users as Incident Commanders. Incident Commanders will have the ability to create incidents using the Service and uplift preselected users during an incident. 2. SUPPLEMENTAL TERMS May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 90 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2.1 Customer Agreement. For enterprise customers, the Service is subject to your organization's major account agreement with VZW. 2.2 Privacy. VZW may use information about your activity in using the Service, subject to our Privacy Policy and applicable law, which are attached hereto 2.3 Licenses. You have a limited, non-exclusive, non -transferable license to use the Service solely for the purposes for which it is provided and only in accordance with all documentation provided by VZW or its licensors or suppliers. For Location Information (defined below), the Service requires use of MapQuest. Use of MapQuest within the Service is subject to: • the MapQuest Terms of Service attached hereto • the MapQuest 3rd Party Notices and Licenses MapQuest Attributions attached hereto., • the Mapbox Notices MapQuest Mapbox as attached hereto, and • the MapQuest Privacy Policy MapQuest Systeml Privacy Policy as attached hereto The MapQuest Terms of Service, MapQuest 3rd Party Notices and Licenses, Mapbox Notices and MapQuest Privacy Policy may be updated from time to time and are incorporated into these Terms and Conditions by reference, as if set forth fully herein. If you do not accept the MapQuest Terms of Service, MapQuest 3rd Party Notices and Licenses, Mapbox Notices or MapQuest Privacy Policy, including all limitations and restrictions therein as may be updated by MapQuest from time to time, you may not use the Service. Your use of MapQuest within the Service will constitute your acceptance of the MapQuest Terms of Service, MapQuest 3rd Party Notices and Licenses, Mapbox Notices and MapQuest Privacy Policy 2.4 Consent to Share Location Information. The Service will require sharing of "Location Information" (data that can be used to describe, determine or identify the location of all mobile devices subject to the Service). In using the Service, you represent and warrant that you have obtained all necessary consent(s) from individual users whose mobile devices will be subject to the Service, and that VZW has no responsibility to obtain such consent(s). 2.5 Disclaimer of Warranty; Limitation of Liability. THE SERVICE IS PROVIDED 'AS IS', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VZW OR ITS LICENSORS OR SUPPLIERS. VZW'S LIABILITY SHALL BE LIMITED AS SET FORTH IN THE CUSTOMER AGREEMENT (AND THE LIABILITY OF EACH VZW LICENSOR AND SUPPLIER SHALL BE LIMITED TO THE SAME EXTENT). 3. CUSTOMER RESPONSIBILITIES 3.1 Restrictions on Use. You may not, or allow others to, adapt, alter, modify, de -compile, reverse engineer, translate, or create derivative works of the Service. The Service is intended for those devices with a clear need for temporary uplift to enhanced network improvement. You agree not to abuse the Service as determined by the sole discretion of Verizon. "Abuse" may include, but not be limited to, the indiscriminate uplift of all devices within a specific geographic area where such action adversely affects the Verizon wireless network. 4. FINANCIAL TERMS 4.1 Responsibility for Charges. Your use of the Service will be billed according to the monthly recurring fee that you agreed to pay, and use on certain devices will be billed according to the applicable data plan. For a list of those devices that will be billed according to your data plan 1. GENERAL 1.1 Service Definition May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 91 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1.2 Service Features for DNS Service Plus 1.3 Service Features for DNS Service Advanced 2. SUPPLEMENTAL TERMS 2.1 Service Activation and Implementation 2.2 Services Agreement Flow Down Terms 2.3 Customer Responsibilities 2.4 Warranties 2.5 Use of Data 2.6 Term and Termination 3. FINANCIALTERMS 3.1 General 4. DEFINITIONS 1. GENERAL 1.1 Service Definition. Verizon DNS Safeguard for Public Safety (DNS Service) is a cloud -based security platform intended to provide a first line of defense against threats on the Internet by detecting and blocking inappropriate and malicious sites and content before the Internet Protocol (IP) connections are established. DNS Service is enhanced with threat intelligence feeds from the Verizon Threat Research Advisory Center which, learning from internet activity patterns, automatically uncovers current and emerging threats to continually keep the network safe. The DNS Service platform operates as a DNS resolver that converts domain names to IP addresses which allows the platform to prevent IP connections to known malicious sites. When a legitimate domain is resolved, the DNS Service returns the actual IP address. The DNS Service consists of two offerings: DNS Service Plus and DNS Service Advanced. 1.2Service Features for DNS Service Plus. The following service features are included with DNS Service Plus: 1.2.1 DNS Layer of Breach Protection. DNS Service is able to detect and block malicious sites and content before they reach the network as a DNS request is made before IP connections are established. Malware, ransomware, phishing, spyware, botnets, and command & control call-backs are blocked over any port or protocol before such threats can reach users and network. 1.3 Service Features for DNS Service Advanced. The following service features are included with DNS Service Advanced. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 92 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. 11A9 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1.3.1 Premium Threat Feeds. DNS Service Advanced includes the Basic Threat Feeds described in the DNS Service Plus and additional threat feeds from the Verizon Threat Research Advisory Center's display of threat analytics and intelligence it gathers from third party proprietary and open source data. 2. SUPPLEMENTAL TERMS 2.1 Service Activation and Implementation 2.1.1 Service Activation. The DNS Service will begin Activation Date is 10 Business Days following the Order Confirmation Date. 2.1.2 Offshore Support. Customer agrees that the DNS Service may be provided by, and all related information (including data) accessed and/or stored by, resources located within and outside the United States. Customer consents to such performance of services, including access and storage of data, from outside the United States. 2.2 Services Agreement Flow Down Terms 2.2.1 Acceptance of Terms. From time to time, Verizon may update the functionality, add new features to the DNS Service, and/or change the access configuration for the DNS Services. In such event, these terms shall also apply to any upgrades or updates subsequently provided by Verizon for the DNS Services. 2.2.2 Use of the DNS Services. Customer accepts the non -assignable, non -transferable, non-sublicensable, and non-exclusive right to access and use the DNS Service only as authorized in this Agreement and related documentation for the duration of the Service Commitment and for the number of licenses purchased by and allocated to Customer. 2.3 Customer Responsibilities 2.3.1 Internet Access. Customer must have wireless internet access in place to use DNS Service. Customer must have a subscription to Verizon's Responder Private Core in place to use DNS Service. 2.3.2 Prohibited Use. Customer will not: (i) use the Services for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services (except to the limited extent applicable laws specifically prohibit such restriction); (iii) bypass any measures Verizon may use to prevent or restrict access to the Services or otherwise interfere with any other party's use and enjoyment of the Services; or (iv) use Customer's account or the Services to infringe any intellectual property or other right of any other third party. Verizon may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Subject to Verizon's Privacy Policy, Verizon reserves the right at all times to disclose any information as Verizon deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Verizon's sole discretion. 2.4 Warranties 2.4.1 Verizon's Disclaimer of Warranties. Verizon does not warrant that any network, computer systems, or any portions thereof, are secure. Verizon does not warrant that use of DNS Service will be uninterrupted or error -free or that any defect in DNS Service will be correctable or that incidents will be fully contained. Customer acknowledges that impenetrable security May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 93 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 cannot be attained in real-world environments and that Verizon does not guarantee protection against breaches of security, or the finding or successful prosecution of individuals obtaining unauthorized access. Verizon does not warrant the accuracy of information provided to Customer hereunder. CUSTOMER'S USE OF THE DNS SERVICES IS AT CUSTOMER'S SOLE RISK. ALL DNS SERVICES ARE PROVIDED ON AN AS IS OR AS AVAILABLE BASIS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW,VERIZON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT AND SATISFACTORY QUALITY. VERIZON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS -FREE OR ERROR -FREE, OR THAT ANY PROBLEMS ENCOUNTERED WILL BE CORRECTED. THE WARRANTIES AND REMEDIES SET FORTH IN THIS SERVICE ATTACHMENT ARE VERIZON'S EXCLUSIVE WARRANTIES AND CUSTOMER'S SOLE REMEDIES FOR BREACH OF WARRANTY, IF ANY, BY VERIZON. 2.4.2 Customer Warranty. Customer represents and warrants that Customer (a) will use the DNS Safeguard services, including all reporting, deliverables, documentation, and other information provided in connection with DNS Service solely for purposes of protecting Customer from abusive, fraudulent, or unlawful use or access to its information, systems and applications including public internet service provided by Verizon and Customer will not market, sell, distribute, lease, license or use any such deliverables, documentation or information for any other purposes; and (b) will comply with all applicable laws and regulations. 2.4.3 Third Party Warranties. For any third party products and/or services incorporated as part of Service, Customer will receive only the warranties offered by such third party to the extent Verizon may pass through such warranties to Customer. 2.5 Use of Data. As part of Customer's use of the Services, Customer will be providing certain (i) Network Data, (ii) User Data and/or Feedback. Some Network Data is necessary for the essential use and functionality of the Services. Network Data is also used to provide associated services such as technical support and to continually improve the operation, security, efficacy and functionality of the Services. 2.5.1 User Data. Customer grants Verizon a worldwide, royalty -free, sublicensable license to use, modify, reproduce, publicly display, publicly perform, and distribute the User Data only as reasonably required to provide the Service. 2.5.2 Network Data. Customer hereby grants to Verizon a non-exclusive, irrevocable, worldwide, perpetual, royalty -free and fully paid-up license to use (i) the Network Data that is aggregated and de -identified so that it does not identify Customer for the purpose of enhancement of the Services, and (ii) any information that Verizon learns in evaluating Network Data to create the Statistical Data for the purpose of enhancing, developing, and/or promoting the Services. 2.5.3 Feedback. De -identified Feedback may be incorporated into the Services, and Customer hereby grants Verizon a non- exclusive, irrevocable, worldwide, perpetual, royalty -free and fully paid-up license to use de -identified Feedback for any purpose whatsoever, including, without limitation, for purposes of enhancing, developing and/or promoting products and services, including the Services. 2.6 Term and Termination 2.6.1 Service Commitment. The Service Commitment is for the terms specified in the Customer's purchase order as accepted by Verizon. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 94 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2.6.2 Service Cancellation. If Customer requests cancellation of Service, or Verizon cancels Service as a result of Customer's failure to provide the necessary information or reasonable assistance required by Verizon to provision such Service, Customer will pay any set-up fees and other amounts accrued for such Service through the date of such termination, plus an amount equal to any applicable annual third party license fee, which Customer acknowledges are liquidated damages reflecting a reasonable measurable of actual damages and not a penalty. Customer will pay the invoice for such charges in accordance with the terms of the Agreement. 3. FINANCIAL TERMS 3.1 Responsibility for Charges. Your use of the Service will be billed according to the monthly recurring fee that you agreed to pay, and use on certain devices will be billed according to the applicable data plan. For a list of those devices that will be billed according to your data plan. 1. Verizon Wireless Private Network Service ("Private Network"): Private Network extends Customer's IP network to its wireless equipment by segregating the data between such devices and Customer's servers from the public Internet (the "Internet"). Customer's use of Private Network is subject to the Private Network Roles and Responsibilities Customer Guidelines, which are available from your Sales representative. 2. Customer Minimum Line Requirement: Customer must maintain a minimum of 100 Machine -to -Machine lines at all times during the term of its Agreement in order to remain eligible for Private Network. If Customer falls below the 100 -line minimum, Verizon Wireless reserves the right to discontinue Private Network for non-use. 3. Connection to Verizon Wireless Facility: Customer must establish a direct -connect circuit from its facilities to Verizon Wireless's facilities by the use of Virtual Private Network, Verizon Private IP, or Fixed End System connections. Customer is solely responsible for making arrangements with a local access provider for installation and ongoing maintenance of such a connection, with sufficient data throughput to meet Customer's anticipated data needs. Customer is also responsible for all charges incurred directly or through a third party associated with establishing the connection, as well as for accessing Private Network, including Internet access fees, hardware, software, license fees, and telecommunications charges. 4. Customer Provided Equipment ("CPE"): Customer must procure routers and any other CPE that meet Verizon Wireless requirements for Private Network connectivity. Customer is responsible for ensuring any CPE meets its data capacity and throughput needs. 5. IP Addresses: Customer is responsible for procuring private IP addresses, which must be communicated to Verizon Wireless during implementation. Private Network supports static and dynamic addressing for 1X service and/or EVDO service; 4G LTE service; and Internet addressing system Internet Protocol version 4. Direct Internet access requires static IP addressing. 6. Dynamic Mobile Network Routing ("DMNR"): DMNR allows configuration of Private Network for dynamic routing to the subnets it serves (up to eight) to other devices on Customer's network and as support for mobile or stationary routers. DMNR is based off Mobile IPv4-based Network Mobility protocol and requires the router to be configured to support this capability. Customer is responsible for any charges associated with the customization of its CPE to support DMNR. 7. Service Based Access ("SBA"): SBA is an optional configuration of Private Network that enables customers to access Verizon's Visual Voice Mail; multimedia messaging services; and 3G location -based services assisted Global Positioning System. Customer is responsible for any charges associated with the customization of its CPE to support SBA. 8. Private Network Traffic Management (PNTM): PNTM allows Customer to configure its Private Network to allow differentiated Quality of Service (QoS) by application over Verizon Wireless's LTE network using standards-based IP packet marking. Customer can identify applications on its 4G LTE devices to get priority QoS over its Private Network. Verizon Wireless makes no guarantee of PNTM bandwidth allocations, which are subject to the limitations of wireless service availability as detailed in the Agreement. Customer is responsible for any charges associated with the customization of its CPE to support PNTM. a. PNTM for Public Safety: Eligible public safety accounts can take advantage of priority access to a data channel over the Wireless Service for its data traffic during times of heavy network demand. While PNTM for Public Safety enables a dedicated data channel, Verizon Wireless makes no guarantee of Wireless Service availability, which is subject to the limitations of wireless service availability as detailed in the Agreement. PNTM for Public Safety is only available to Customers approved by Verizon Wireless that qualify as Public Safety Entities classified by the following Qualifying Public Safety NAICS codes a) 621910 Ambulance Services; b) 922110 Courts; c) 22120 Police Protection; d) 922130 Legal Counsel and Prosecution; e) 922140 Correctional Institutions; f) May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 95 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 922150 Parole Offices and Probation Offices; g) Fire Protection; h) 922190 Other Justice, Public Order, and Safety Activities or i) National Security. 9. Customer Private Network Contact: Customer must designate a Private Network representative and provide contact information, including a phone number and email address. The Private Network contact will work with the Verizon Wireless solution engineer through the Private Network implementation and testing processes detailed below. The contact shall be available during business hours and any other time period that Customer utilizes Private Network for the purpose of assisting to resolve service problems and trouble shooting. 10. Private Network Implementation and Testing: Verizon Wireless will implement Customer's Private Network, which requires Customer to a) provide any information (e.g., account numbers, IP address ranges, router/CPE information) necessary to compete the Private Network Connectivity Form; b) participate in a Private Network turn -up call to ensure that CPE is properly configured to support the Private Network connection; and c) participate in a Solution Validation call to confirm that Private Network is working properly from Verizon Wireless to Customer's applications. 11. Wireless Devices/Network Access: Customer must use Private Network -compatible end-user Equipment and at Customer's expense must submit any devices not identified as Private Network compatible to Verizon Wireless, for network testing and Private Network certification. Private Network functionality is available on the Verizon Wireless 3G and 4G data network, subject to the limitations defined in this Addendum. While Private Network functionality may also be available on the networks of Verizon Wireless's domestic and international roaming partners, Verizon Wireless makes no representation of Private Network availability or reliability on such networks. 12. Permitted Use/Fraud: Customer shall use Private Network only for lawful purposes and shall not send or enable via the Private Network connection, by way of example, any SPAM, viruses, worms, trap doors, back doors or timers, nor shall Customer engage in any mail -bombing or spoofing via Private Network. Customer is responsible for the security of its network and end-user devices and is responsible for any unauthorized access to the Private Network. Verizon Wireless will treat any traffic over the Private Network as authorized by Customer. Verizon Wireless reserves the right but is not obligated to filter fraudulent usage. 13. Maintenance/Service Changes/Termination of Private Network Service: Verizon Wireless may limit access to Private Network in order to perform maintenance to the service and will use reasonable efforts to provide Customer with prior notice of such maintenance. With reasonable advance notice, Verizon Wireless has the right to modify and reconfigure Private Network as it deems necessary to enhance Customer's experience or to safeguard the Verizon Wireless network. In addition, VERIZON WIRELESS CAN WITHOUT NOTICE LIMIT, SUSPEND OR CANCEL CUSTOMER'S ACCESS TO OR USE OF PRIVATE NETWORK IF CUSTOMER VIOLATES THE RESTRICTIONS OF THIS ADDENDUM OR FOR GOOD CAUSE. Good cause includes (a) breach of the terms of this Addendum or the Agreement; (b) unlawful use of Private Network; (c) using Private Network in a way that adversely affects the Verizon Wireless network or Verizon Wireless's customers; (d) breach of an obligation of Customer to comply with any applicable federal, state and local government laws, rules and regulations, industry practices, third -party guidelines, or other applicable policies and requirements; (e) the suspension or termination by any governmental body of competent jurisdiction of Customer's service or the institution of a requirement, ruling or regulation that conflicts with this Addendum; or (f) for operational or governmental reasons. 14. No Warranties: Verizon Wireless makes no warranties, express or implied, with respect to Private Network, which it provides to Customer on an "AS IS" basis "WITH ALL FAULTS" and "AS AVAILABLE." The accuracy, timeliness, completeness, suitability, or availability of any aspect of Private Network cannot be guaranteed. THE IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED IN THEIR ENTIRETY. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law. Verizon Wireless makes no representation that it supports any service levels with respect to the availability, performance, capacity, uptime or any similar metrics of Private Network. 15. NO RESELLING: Customer cannot resell Private Network /Private Network Traffic Management service(s) or allow third parties to use Private Network/Private Network Traffic Management service(s) or access Private Network/Private Network Traffic Management service(s) without prior written permission from Verizon Wireless. 16. Subject to the Customer's Government Agreement: The terms of this Addendum supplement the Customer's Government Agreement. The terms of the Agreement are applicable to Customer's use of Private Network. If there are any inconsistencies between the terms of this Addendum and the Customer's Government Agreement, the terms of this Addendum shall control with respect to Private Network. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 96 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 HistoryRevision Version Date Des cri tion 1.0 2/12/21 Pricing Offer 2.0 5/14/21 Best and Final Offer May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 97 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Employee Discount Supplement It is Verizon's intent to continue offering its Employee Program consistent with the terms and conditions provided under the current DMS 1011-OO8C contract, Exhibit 7. May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 98 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. Individual Category -Liable Service Pricing Discount % Discount Equipment 0 Services 19 Accessories 25* Activation Fees Waived *Individual -Liable Subscribers are eligible qualifying accessories. to receive a 25% discount from the non -discounted, retail price of May 14, 2021 ITN No. DMS -19/20-006 v.2- Page 98 of 98 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida ITN No. DMS -19/20-006 v.2, please contact your local Verizon Government Sales representative for additional information. ©Verizon2021. DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _ -).: DMS-1 9/20-0060 Attachment D, Exhibit 2 - Vendor's Device List *Click Verizon loqo from any page to return to table of contents quipment: SMARTPHONES TABLETS & INTERNET DEVICES BASIC & ONE TALK DESKPHONES PLANS - CODES - USAGE TIERS One Talk Plans PUBLIC SAFETY PLANS INTERNATIONAL RATES - Travel Pass NUMBER SHARE VERIZON CONNECT MOBILE IRON CANVAS ISAMSUNG KNOX MAAS360 ASOVI E LTE Vehicle Internet Netmotion 1149 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _ _).: DMS -1 9/20-0060 Attachment D, Exhibit 2 - Vendor's Device List verizoW *Click Verizon to &4an a e to return to table a contents w�„tee n uM IV i 4 i 411 & "i n.,.ii,r. CODESDESCRIPTION 1 OPTIONAL $.049 Per Minute Nationwide Voice Plan -includes 600 M2M and N/A on feature codes 77294, 77295, and. 79740, 79407, and 72409. Must use 86680 $0.00 79789, 79790, 79791, 79780, or 79781. Please see smartphone feature codes 600 N&W below 80245 200 Text/Pix/Flix Messages -Optional on price plan 86680 only $0.00 94976 Unlimited Push to Talk w/ Unlimited Mobile 2 Mobile.049 per min $10.00 PTT Plus- (auto attaches -81814) All current PTT rate Unlimited Nationwide Blackberry/ Smartphone Data / Unlimited Mobile Hotspot (5 GB auto attached)- 76404 and 79048 93445 Domestic Text.Pix, Flix Messaging, Unlimited Mobile 2 Mobile & $351.99 Block Mobile Hotspot-78485 Nights/Weekends ($.052 Per Minute Nationwide Voice Optional -PTT Plus -$5 (80598 for all smartphones, 80590 for Kyocera Brigadier) Plan] /Mobile Hotspot-SGB) TXT Block - 73572 86769 Unlimited ationwt e LaRing w n inwe omeShC 4G Smartpl -$0 Hotspot- 76065 (auto attached builtinto the price plan) Text/Pix/Flix Messaging; Email and Data, SGB of data $51.00 Optional-P1'"f Plus -$5 (80598 for all smartphones, 80590 for Kyocera Brigadier) 86195 Nationwide 250 Anytime Min ($.052 per min overage rate) w/ $25.75 PTT Plus- (auto attaches -81814) Unlimited Mobile 2 Mobile Push 2 Talk Ni hts Weekends 86196 Nationwide 600 Anytime Min ($.052 per min overage rate) w/ $36.05 P'I'T Plus- (auto attaches -81814) Unlimited Mobile 2 Mobile Push 2 Talk Nights/Weekends 86197 Unlimited Nationwide Calling w/ Unlimited Push 2 Talk $51.50 P'I'T Plus- (auto attaches -81814) 22901 4G Custom Nationwide Unlimited Mins+Msg Unlimited Data +Email $50.00 'I'ravel['ass compatible. MH 77294 500 MB Data allowance ($.00849 per MB overage rate) Unlimited $15.45 Cannot be used with 86680 $.049 plan. Required to be used with a minimum $9.99 Domestic Text/Pix/Flix Messaging access 79789 500 MB Data allowance ($.00849 per NIB overage rate) $15.45 Avl on all plans. Does not include Txt, Pix, or Flux Use block code 54307 to block SMS 77295 1,000 MB Data allowance ($.00849 per NIB overage rate) Unlimited $20,60 Cannot be used with 86680 $.049 plan. Required to be used with a minimum $9.99 Domestic Text Messagingaccess 79790 1000 MB Data allowance ($.00849 per MB overage rate) $20.60 Avl on all plans. Does not include Txt, Pix, or Flix Use block code 54307 to block SMS 79740 2,000 MB Data allowance ($.00849 per NIB overage rate) Unlimited $23.69 Cannot be used with 86680 $.049 plan. Required to be used with a minimum $9.99 Domestic Text Messagingaccess 79791 2000 MB Data allowance ($.00849 per MB overage rate) $23.69 Av] on all plans. Does not include Txt, Pix, or Flix Use block code 54307 to block SMS 79407 Unlimited MBB Data Plan cv/ Unlimited Domestic Text Messaging $32.96 Cannot be used with 86680 $.049 plan. Required to be used with a minimum $9.99 access 79781 Unlimited MBB Data Plan $32.96 Av] on all plans. Does not include Txt, Pix, or Flix Use block code 54307 to block SMS 77847/77848 $0.02 Per SMS messaging rate/$0.05 Per MMS messaging rate $0.00 77328 300 SMS/MMS Messages (.05 Per Message overage rate) $2.00 77341 500 SMS/MMS Messages (.05 Per Message overage rate) $3.00 77329 Unlimited SMS/MMS Messages $7.00 86226 500 NIB Data allowance ($.00849 per MB overage rate) Unlimited $20.60 Domestic Text 86227 1,000 NIB Data allowance ($.00849 per MB overage rate) Unlimited $25.75 Domestic Text Messi2injz 86228 2,000 MB Data allowance ($.00849 per MB overage rate) Unlimited $30.90 Domestic Text Messi2injz 86229 Unlimited MBB Data Plan w/ Unlimited Domestic Text Messaging $36.05 $0 Text Messaging code 47309 is avl to add if needed $8.00 per GB overage charge and $.002 per kilobyte National Access Roaming. At 90237 SGB Public Sector Mobile Broadband Share Plan $34.99 the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account, beginning with the line with the lowest overage need. $8.00 per GB overage charge and $.002 per kilobyte National Access Roaming. At 90240 10GB Public Sector Mobile Broadband Share Plan $59.99 the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account, beginning with the line with the lowest overage need. 1150 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _ -).: DMS -1 9/20-0060 Attachment D, Exhibit 2 - Vendor's Device List ***If you are on the $35.99 (93445) plan or (86769) $51.00 plan with unl Text, Pix, Flix, you can block text with code 73572. If you remove block later, add code 73502 to re -add unlimited Disclaimer: Information contained in this document is provided for review purposes only and shall not be duplicated, used, or disclosed m whole or m part fur any purpose other than to evaluate this document In the event of any ambiguities or inconsistencies between the information in this spreadsheet and the pricing contained in the Veri,,on Price Sheet for State of Florida DMS -10/11-008C, the latter shall prevail. 1151 $8.00 per GB overage charge and $.002 per kilobyte National Access Roaming. At 90241 20GB Public Sector Mobile Broadband Share Plan $99-99 the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account, be innin with the line with the lowest overage need. 86693 $.099 Per MB data rate for Machine to Machine or Customer $0.00 **Do not offer for note books, tablets, ipads, etc. Must be CPE certified device or provided equipment et ack MiFi at MTM pricinIZ in Equip Guide If using a tablet for this plan, finance approval must be obtained and special price 87640 $5.00 plan codes must be conditioned for profile (non standard device has to have non 1NIB Machine to Machine Share ($1.00 per NIB overage rate) Tier 1 standard plan] If using a tablet for this plan, finance approval must be obtained and special price 87641 $7.00 plan codes must be conditioned for profile (non standard device has to have non SMB Machine to Machine Share $1.00 per MB overage rate Tier 1 standard plan) If using a tablet for this plan, finance approval must be obtained and special price 87642 $10.00 plan codes must be conditioned for profile (non standard device has to have non 25MB Machine to Machine Share $1.00 per MB overage rate Tier 1 standard plan) If using a tablet for this plan, finance approval must be obtained and special price 87643 $15.00 plan codes must be conditioned for profile (non standard device has to have non SOMB Machine to Machine Share ($1.00 per MB overage rate) Tier 1 standard plan] If using a tablet for this plan, finance approval must be obtained and special price plan codes must be conditioned for profile (non standard device has to have non 87644 150MB Machine to Machine Share $1.00 per MB overage rate Tier $18.00 standard plan) If using a tablet for this plan, finance approval must be obtained and special price plan codes must be conditioned for profile (non standard device has to have non 87645 2SOMB Machine to Machine Share ($.015 per MB overage rate) Tier $20.00 standard plan) If using a tablet for this plan, finance approval must be obtained and special price plan codes must be conditioned for profile (non standard device has to have non 87646 1GB Machine to Machine Share $.015 per MB overage rate Tier 2 $25.00 standardplan) If using a tablet for this plan, finance approval must be obtained and special price plan codes must be conditioned for profile (non standard device has to have non 87647 5GB Machine to Machine Share $.015 per MB overage rate Tier 2 3€3.50 25% standard plan] If using a tablet for this plan, finance approval must be obtained and special price plan codes must be conditioned for profile (non standard device has to have non 87648 1OGB Machine to Machine Share $.015 per MB overage rate Tier 2 61.60(25%) standardplan] $8.00 per GB overage charge and $.002 per kilobyte National Access Roaming. At 90231 5GB Public Sector M2M Share Plans $34.99 the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account, beginning with the line with the lowest overage need. $8.00 per GB overage charge and $.002 per kilobyte National Access Roaming. At 90234 1OGB Public Sector M2M Share Plans $59.99 the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account, beginning with the line with the lowest overage need. $8.00 per GB overage charge and $.002 per kilobyte National Access Roaming. At 90235 20GB Public Sector M2M Share Plans $99.99 the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account, beginning with the line with the lowest overalze need. 86847(3G) 25MB Machine to Machine 3G Backup Router Plan 25MB $10/GB $10,00 Overage rate is $10 per GB 86848(4G) 25MB Machine to Machine 4G Backup Router Plan 25MB $10/GB $10,00 Overage rate is $10 per GB ***If you are on the $35.99 (93445) plan or (86769) $51.00 plan with unl Text, Pix, Flix, you can block text with code 73572. If you remove block later, add code 73502 to re -add unlimited Disclaimer: Information contained in this document is provided for review purposes only and shall not be duplicated, used, or disclosed m whole or m part fur any purpose other than to evaluate this document In the event of any ambiguities or inconsistencies between the information in this spreadsheet and the pricing contained in the Veri,,on Price Sheet for State of Florida DMS -10/11-008C, the latter shall prevail. 1151 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _ -).: DMS -1 9/20-0060 Attachment D, Exhibit 2 - Vendor's Device List 1152 Nrkail' " Nlill' "Bonn, IIIINI INIIniNn .i N ... �NNNNNNNNNNNNNNNNNu®®��------ Nrk9NNN�#®------ Ili®®------ NWNINii iini nn ile � NIPIIBIiIiilNii' ®®�------ 1152 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _ -).: DMS -1 9/20-0060 Attachment D, Exhibit 2 - Vendor's Device List veriI *f91rk Vcrionn Inns from am: nano In mh im In lahi of rnnlenlc 1153 fr f �" N��IIIIIIIIIIIIIIIIIIII�IIIII ®��® II Ifl lii..IAaI ... i 117IA..A i tlP�aIII, IA'fiAM1IM1 'rnlfi" ®®®�®® „.aim„ M. NIMH%H%HM��®®®®� 1153 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _ -).: DMS -1 9/20-0060 Attachment D, Exhibit 2 - Vendor's Device List Varizon loqo from any pane to raturn to table of contents uuuuuuu�s�w��wraaaaaaaaaaaaaiaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai� IIIIIIIIIIIIIII�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII�IIIN' IM1IiOiiM1M1M1"11111 �� M1 I ®®®®�®�®�� ®�� IIS NNNI�"� NNNNNNI ®� uuuuuiul�r��u�r�r��rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr ,�,j NI�'"� NiiZ.MMI 01,1pIpII1I21, N�IIIIooIoo NM1II illllllllllll��lllllllllllllllllllllllllllll'�"�� WNNNNNNNNNNNNNNNNNNNINNN� l ii ndiiiNI it " ` 1141-@ . .III IIMIIIp®®® MM • ®®® .. IIIIIIINIMM For specific product Nnch—li y and features, device and calling planlfe — ca mpatibility, antl for the latest equipment pricing, —y... Verizon Government Account Manager. Th. above Equipment prices are effective as 9f 9191-19 and are subject to change. Customer eatthethencurrent Stateof Floritla Government Equipment Matrixpricing or Governmentpromotionalpricing,whichever is lessatthetime ofpurchase. Verizon may makecertain n,alentavailableatno charge;however, Verizon tloesnotguarantee that we p i hilwaysabe able to offer equipment at no charge througM1 the tern of the resulting agreement. Government Subscriber Equipment Pricing listetl in this matrix is not available far activations or .,g rai es on Verizon Telemetry plans. Camera phone use or possession may be rohibitetlin,V.ri-cationsbasetl onpdvacdseverity, or other restrictions. V n's Governmenti- ipmentmWmg uptla[etl at a minimum q, ffii rpn..20... equipmentavailability, changes in technology and marke[contli[ions Equp ent is promotional antl subject [9 availability, Verizon reserves the right to add or diswntinue models. Pricing above is at the 2yr price point Existing wstomere can upgratle at this price 29 months into their current contract. 1154 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES ITN NO: DMS -19/20-006 MOBILE COMMUNICATION SERVICES (MCS -2) REQUEST FOR BEST AND FINAL OFFER DUE: May 14, 2021 BY 11:59 PM ET INTRODUCTION Pursuant to the Mobile Communication Services ITN Sections 4.4.3., Revised Replies and Best and Final Offers, and 4.4.4, Other Department Rights During Negotiations, the Department requests a Best and Final Offer. Please submit the Best and Final Offer by 11:59 PM ET on May 14, 2021, to the Procurement Officer, Caitlen Boles, at Cao:tll_e n.._Bolles_ _d_Irr�s,.(IL,. Respondents must email the Best and Final Offer with files attached as a .pdf or in their native format (.docx or .xlsx where applicable) to the Procurement Officer. If the Best and Final Offer exceeds the file limit to submit via email, the Respondent must submit its Best and Final Offer on a thumb drive to the Procurement Officer by the above -stated deadline. Best and Final Offers are expressly understood to be for the provision of services and features with no minimum guaranteed purchase of services or features. All revisions made by the Department to the attachments provided with this Request for Best and Final Offer are reflected in track changes; track changes reflect changes made to the original documents posted with the ITN, and as modified by Addendum No. 2. Any Respondent -proposed edits not reflected in the attachments were deemed not acceptable to the Department. Do not make any changes, revisions, exceptions, or deviations to the Department's language in the provided documents. BEST AND FINAL OFFER SUBMISSION The Best and Final Offer must include the following requested documents: A. ATTACHMENT A — FINAL STATEMENT OF WORK Please submit a response to each subsection in Attachment A— Final Statement of Work where a response is requested, including Section 4 Public Safety if the Respondent is proposing public safety services. Identify all modifications and/or revisions, if any, to the responses provided in the Statement of Work from Respondent's initial ITN Reply via track changes. B. ATTACHMENT B — FINAL CONTRACT By submitting a Best and Final Offer, the Respondent confirms acceptance of Attachment B — Final Contract, as is; do not make any changes, revisions, exceptions, or deviations. C. ATTACHMENT C — FINAL SERVICE LEVEL AGREEMENTS By submitting a Best and Final Offer, the Respondent confirms acceptance of Attachment C— Final Service Level Agreements, as is; do not make any changes, revisions, exceptions, or deviations. 1 1155 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 D. FINAL VENDOR'S DEVICE LIST AND VENDOR'S SERVICES AND DISCOUNTS PRICING (EUPL) Please submit Vendor's Device List and Vendor's Services and Discounts Pricing. If the Respondent is proposing public safety plans and devices, these shall be included within these documents. The Respondent is required to submit a Vendor's Device List and Vendor's Services and Discounts Pricing that includes the Respondent's best pricing for the Department's consideration based on the revisions contained in the Request for Best and Final Offer and attachments. Given these revisions made by the Department, the Department is anticipating reductions in the Respondent's pricing. The Vendor's Device List and Vendor's Services and Discounts Pricing must comply with ITN Section 3.10, Respondent's Pricing. Pricing in either document shall not include State of Florida and Federal Taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. E. WIRELESS SERVICE GUIDES Please submit the plans and features government terms of service with the terms agreed upon in negotiations. If awarded a contract, the intent is for these terms to be incorporated into the EUPL. SUPPLEMENTAL INFORMATION The Best and Final Offer shall constitute the Respondent's final Reply to this ITN and should be reflective of all terms and conditions applicable to the Respondent's proposed services. Should the Respondent's BAFO response contain website references, that are external to the documents, the information referenced on the website should be provided in the BAFO response. However, if the information has been previously supplied to the negotiation team in the information request in January and no changes have been made, it is not necessary to resubmit. The Respondent is under no obligation to submit a Best and Final Offer; however, the Respondent will no longer be considered for an award if the Department does not receive a Best and Final Offer. By the submission of its Best and Final Offer, the Respondent certifies that, if awarded a Contract, it will comply with all terms and conditions found in the aforementioned documents included with this Request for Best and Final Offer. REDACTED COPY If the Respondent considers any portion of the documents, data, or records submitted to the Department to be trade secret or otherwise exempt from public inspection or disclosure pursuant to Florida's Public Records Law, the Respondent must provide the Department with a separate, electronic redacted copy of the Best and Final Offer in accordance with Section 3.8 of the ITN. STATE OF FLORIDA EMPLOYEE DISCOUNTS If the Respondent intends to offer any discounted pricing to State of Florida employees (including state agencies, OEUs, or their retirees), please provide the discount percentage in the Best and Final Offer. Please note that the decision to offer discounted rates is wholly within the Respondent's discretion and will NOT be considered as part of the State's best value determination (see ITN Section 4.5, Final Selection and Notice of Intent to Award Contract). 1156 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 _D. DMS -19/20-006C Attachment F - ITN DMS -19/20-006 Department of MANAGER SERVICES We serve those who serve Florida INVITATION TO NEGOTIATE FOR 4050 EsWay planade Tallahassee, FL •• 0• 850-488-2786 Ron DeSantis, Governor Jonathan R. Satter, Secretary MOBILE COMMUNICATION SERVICES ITN NO: DMS -19/20-006 THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES Procurement Officer: Caitlen Boles Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335.3Y Tallahassee, FL 32399-0950 Phone: (850) 410-1423 Email: DMS.Purchasinq(ab_dms.myflorida.com Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850-9226312, or by email at agencyclerk(a�dms.myflorida.com. It is the filing party's responsibility to meet all filing deadlines. NOTICE PURSUANT TO SECTION 287.057(23), FLORIDA STATUTES Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officeror as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. ITN No.: DMS -19/20-006 Page 1 of 32 Mobile Communication Services 1157 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TABLE OF CONTENTS SECTION1. INTRODUCTION...................................................................................................4 1.1 Solicitation Objective.........................................................................................................4 1.2 Background........................................................................................................................4 1.3 Term...................................................................................................................................4 1.4 Questions Being Explored................................................................................................. 4 1.5 Goals of the ITN.................................................................................................................4 1.6 Special Accommodations.................................................................................................. 5 1.7 Procurement Officer...........................................................................................................5 1.8 Timeline of Events.............................................................................................................5 SECTION 2. SOLICITATION PROCESS...................................................................................7 2.1 General Overview..............................................................................................................7 2.2 Questions and Answers.....................................................................................................8 2.3 Addenda to the Solicitation................................................................................................8 2.4 Receipt of Replies..............................................................................................................8 2.5 Respondent Firm Offer......................................................................................................9 SECTION 3. GENERAL INSTRUCTIONS.................................................................................9 3.1 General Instructions to Respondents (PUR 1001 Form)..................................................9 3.2 M FM P Registration..........................................................................................................10 3.3 Florida Substitute Form W-9 Process.............................................................................11 3.4 Website References........................................................................................................11 3.5 How to Submit a Reply....................................................................................................11 3.6 Mandatory Responsiveness Requirements....................................................................12 3.7 Contents of Reply............................................................................................................12 3.8 Public Records, Respondent's Confidential Information, and Redacted Replies ..........14 3.9 Additional Information......................................................................................................16 3.10 Respondent's Pricing.......................................................................................................16 SECTION 4. SELECTION METHODOLOGY..........................................................................19 4.1 Responsiveness and Responsibility................................................................................19 4.2 Evaluation Process -General Overview.........................................................................20 4.3 Evaluation of the Reply....................................................................................................20 4.4 Negotiations.....................................................................................................................21 4.5 Final Selection and Notice of Intent to Award Contract..................................................24 SECTION5. AWARD...............................................................................................................24 5.1 Rights for Award..............................................................................................................24 5.2 Agency Decision..............................................................................................................25 ITN No.: DMS -19/20-006 Page 2 of 32 Mobile Communication Services 1158 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.3 Other Reserved Rights.................................................................................................... 25 5.4 No Contract until Execution.............................................................................................25 Attachments: Attachment A —Statement of Work Attachment B — Draft Contract Attachment C — Service Level Agreements Attachment D — Business Case Attachment E — Definitions and Acronyms Forms: FORM 1 — CONTACT INFORMATION FORM 2 — NOTICE OF CONFLICT OF INTEREST FORM 3— NON -COLLUSION STATEMENT FORM 4 — STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT FORM 5 — MANDATORY RESPONSIVENESS REQUIREMENTS FORM 6— BUSINESS EXPERIENCE ITN No.: DMS -19/20-006 Page 3 of 32 Mobile Communication Services 1159 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SECTION 1. INTRODUCTION 1.1 Solicitation Objective The State of Florida (State), Department of Management Services (Department or DMS) is seeking to establish, through this Invitation to Negotiate (ITN), a contract or contracts (Contract) for cellular voice and data services, secure access to MyFloridaNet (through cellular data -only devices), and other related telecommunication services, cellular phones, associated devices, accessories and features, collectively referred to herein as Mobile Communication Services (MCS). MCS is part of the DMS SUNCOM group of contracts providing voice and data services to SUNCOM Customers. The Department intends to award multiple Contracts but reserves the right to award to one Respondent or to make no award. The resulting Contract(s), if any, will be used by State agencies and other authorized entities, collectively referred to as "Customers," in accordance with Chapter 282, Florida Statutes. If more than one (1) Contract is awarded, then the use of the terms "Contract," "Contractor," "Reply," and "Respondent" include the plural when applicable. 1.2 Background Prior to issuance of this solicitation, the Department contracted with a private vendor to assist in the development of a business case for MCS, in accordance with section 287.0571, Florida Statutes. The business case examined options for the future path of MCS and recommended that the Department issue an ITN for the services. That Mobile Communication Services Business Case is attached to this procurement as Attachment D — Business Case for background informational purposes only and does not contain specifications for this solicitation. The Department has estimated that the annual total enterprise expenditures on the Contract resulting from this solicitation will be approximately $85 million. This estimate is for informational purposes only. Under no circumstances should this estimate be construed as representing actual, guaranteed, or minimum spend under any new Contract. 1.3 Term The term of the Contract will be five (5) years. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part for up to five (5) additional years. Renewals are contingent upon satisfactory performance evaluations by the Department and are subject to the availability of funds (see section 287.057(13), Florida Statutes). 1.4 Questions Being Explored a) What is the best model for delivery of cost-efficient and high-quality MCS, including nationwide coverage? b) What service options meet a variety of Customer needs? c) How we the Department maintain competitive pricing throughout the initial and renewal year of the Contract? d) What is the best model for the Department to achieve the objectives state in AttachmentA — Statement of Work (SOW), Subsection 1.3? 1.5 Goals of the ITN The goals of this ITN are to establish: a) The delivery of cost-efficient and high-quality MCS, including nationwide coverage; b) Service options to meet a variety of Customers' needs; ITN No.: DMS -19/20-006 Mobile Communication Services Page 4 of 32 1160 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 c) Competitive pricing throughout the initial and any renewal years of the Contract; and d) The objectives stated in Attachment A - Statement of Work (SOW), Subsection 1.3. 1.6 Special Accommodations Any person requiring a special accommodation due to a disability should contact the Department's Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA.Coordinator(�i_)dms.fl.gov. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD). 1.7 Procurement Officer The Procurement Officer is the sole point of contact for this procurement. Direct all contact with the Department to the Procurement Officer in writing by email. Caitlen Boles Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335.3Y Tallahassee, FL 32399-0950 Phone: (850) 410-1423 Email: dms.purchasing(a)_dms.myflorida.com ***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS TO THE PROCUREMENT OFFICER*** If a Respondent is claiming that any portion of an email is trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or Federal Law, the Respondent is to place the word "Confidential" in the subject line. (See Subsection 3.8.4, How to Claim Trade Secret or Other Exemptions, of this ITN for more information on confidential information.) Any contact with the Department by an affiliate, a person with a relevant business relationship with a Respondent, or an existing or prospective subcontractor to a Respondent is assumed to be on behalf of a Respondent unless shown otherwise. 1.8 Timeline of Events The table below contains the anticipated Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Respondent's responsibility to check the VBS for any changes. The Respondent is responsible for ensuring the Department receives all required documentation by the dates and times (Eastern Time) specified below (or as revised by addenda). TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 October 28, Deadline to submit questions to the Procurement Officer. 3:00 PM 2020 ITN No.: DMS -19/20-006 Mobile Communication Services Page 5 of 32 1161 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Event Events Time Event Date (ET) Department's anticipated posting of answers to Respondent's November9, questions on the VBS. 2020 Deadline to submit Reply and all required documents to the November23, 2:00 PM Procurement Officer. 2020 Public Opening. Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950 Please join my meeting from your computer, tablet or smartphone. https://qlobal.gotomeeting.com/moin/l 98062149 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 3:00 PM November23, 2020 Access Code: 198-062-149 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##1 98062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://qlobal.gotomeeting.com/install/l 98062149 December 1, Anticipated Evaluations Phase. 2020 to December 30, 2020 Anticipated Negotiations Phase. January 4, 2021 to April 12, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way 10:00 April 19, 2021 AM Please join my meeting from your computer, tablet or smartphone. https://qlobal.gotomeeting.com/moin/432429477 ITN No.: DMS -19/20-006 Mobile Communication Services Page 6 of 32 1162 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Event Events Time Event Date (ET) You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 Access Code: 432-429-477 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 432 429 477 Or dial directly: 432429477@67.217.95.2 or 67.217.95.2##432429477 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https:Hqlobal.gotomeeting.com/install/432429477 Anticipated date to post Notice of Intent to Award on the VBS. April 26, 2021 Anticipated Contract Execution. May 2021 SECTION 2. SOLICITATION PROCESS 2.1 General Overview The ITN is a method of competitively soliciting contractual services under section 287.057(1)(c), Florida Statutes. This solicitation will be administered through the Vendor Bid System (VBS). Vendors interested in submitting a Reply are to comply with all terms and conditions described in this solicitation. The Department will hold a public opening of the Replies at the date, time, and location provided in the Timeline of Events. The ITN process is divided into two (2) phases: the evaluation phase and the negotiation phase. The evaluation phase involves the Department's evaluation of Replies in accordance with this ITN. During this phase, the Department evaluates all Responsive Replies using the assessment scale against all evaluation criteria to establish a competitive range of Replies reasonably susceptible of award. The Department then selects one (1) or more Respondents within the competitive range with which to commence negotiations. The negotiation phase involves negotiations between the Department Respondents whose evaluated Replies were determined to be within the accordance with this ITN. During this phase, the Department may request best and final offers (BAFOs) based on the negotiations. ITN No.: DMS -19/20-006 Mobile Communication Services and one or more competitive range, in revised Replies and Page 7of32 1163 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a negotiation team public meeting to recommend Contract award(s). The Department intends to post a notice of Intent to Award Contract(s), identifying the responsive and responsible vendor(s) that provide the best value to the State based on the selection criteria set forth in Subsection 4.5, Final Selection and Notice of Intent to Award Contract, of the ITN. Any reservation or listing of reservations of the Department's rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement. 2.2 Questions and Answers Respondents will submit all questions during the Question and Answer period in writing to the Procurement Officervia email. The deadline for submission of questions is reflected in Subsection 1.8, Timeline of Events. The Department requests that all questions have the solicitation number in the subject line of the email and be submitted in the following format: Questions will not constitute a formal protest of the specifications of the solicitation. Department answers to written questions will be issued by addendum via the VBS. 2.3 Addenda to the Solicitation The Department reserves the right to modify this solicitation by issuing addenda posted on the VBS. It is the responsibility of the Respondent to check the VBS for information and updates. 2.4 Receipt of Replies 2.4.1 Reply Deadline The Respondent is responsible for ensuring the Department receives the Reply no later than the date and time provided in Subsection 1.8, Timeline of Events, of this ITN (or as revised by addenda). Address the Reply to the Procurement Officer at: Caitlen Boles Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 335.1X Tallahassee, FL 32399-0950 Phone: (850) 410-1423 Email: DMS.Purchasing(a-)dms.myflorida.com All methods of delivery or transmittal to the Procurement Officer are exclusively the responsibility of Respondents, and the risk of non -receipt or delayed receipt shall be borne exclusively by the Respondents. ITN No.: DMS -19/20-006 Mobile Communication Services Page 8of32 1164 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2.4.2 Clarifications to Replies No changes, modifications, or additions to the Replies will be allowed after the Replies have been opened, except as negotiated during the negotiation phase. However, the Department reserves the right to seek clarifications from any Respondent at any time. 2.5 Respondent Firm Offer The Department may enter into a Contract within three hundred and sixty-five (365) calendar days after the date the Notice of Intent to Award is posted, during which period Replies shall remain firm and shall not be withdrawn. If a Contract is not executed within three hundred and sixty-five (365) days, the Replies shall remain firm until either the Contract is executed or the Department receives from a Respondent written notice that the Reply is withdrawn. SECTION 3. GENERAL INSTRUCTIONS 3.1 General Instructions to Respondents (PUR 1001 Form) The PUR 1001 Form, General Instructions to Respondents, is incorporated by reference into this solicitation but is superseded to the extent set forth herein. The form can be accessed at: http://www.dms.myflorida.com/business operations/state purchasing/documents forms referenc es resources/purchasing forms. Sections 3, 5, 9, and 14 of the PUR 1001 Form are inapplicable and are replaced as follows: Section 3. Electronic Submission of Offers Replies shall be submitted in accordance with Subsection 3.5, How to Submit a Reply. Section 5. Questions Submit questions in accordance with Subsection 2.2, Questions and Answers. Section 9. Respondent's Representation and Authorization. In submitting a Reply, the Respondent understands, represents, and acknowledges the following: • The Respondent is not currently under suspension or debarment by the State or any other governmental authority. • The Respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract. • The Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Reply. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any Respondent or potential Respondent, and they will not be disclosed before the solicitation opening. • The Respondent has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, ITN No.: DMS -19/20-006 Mobile Communication Services Page 9of32 1165 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the Respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or a position involving the administration of funds: ■ Has within the preceding three (3) years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or ■ Has within a three-year period preceding this certification had one (1) or more federal, state, or local government contracts terminated for cause or reason of default that would impair the Respondent's ability to deliver the commodities or contractual services of the resultant contract. • The commodities or contractual services offered by the Respondent will conform to the specifications without exception. • The Respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the Respondent, the Respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The Respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Reply, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the Reply. • The Respondent shall indemnify, defend, and hold harmless the Department and Customers, and their employees, against any cost, damage, or expense which may be incurred or be caused by any error in the Respondent's Reply. • All information provided by, and representations made by, the Respondent are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Department of the true facts relating to submission of the Reply. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817, Florida Statutes. • If at any point during the course of the procurement, circumstances change so that any of the above acknowledgements are no longer true, the Respondent will notify the Procurement Officer as soon as practicable. Section 14 — Firm Response The offerwill be held firm in accordancewith Subsection 2.5, Respondent Firm Offer. 3.2 MFMP Registration The awarded Respondent(s), if any, must have completed this process prior to Contract execution. For additional information, please visit: https:HRespondent.myfIoridamarketplace.com/. The awarded Respondent(s) will be required to pay the required MFMP transaction fee(s) as specified in Subsection 3.7, My Florida MarketPlace Transaction Fee, of Attachment B - Draft ITN No.: DMS -19/20-006 Mobile Communication Services Page 10 of 32 1166 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Contract, unless an exemption has been requested and approved pursuant to Rule 60A-1.031, Florida Administrative Code. 3.3 Florida Substitute Form W-9 Process A State of Florida contractor must have registered and completed an electronic Florida Substitute Form W-9. The Internal Revenue Service (IRS) receives and validates the information Respondents provide on the Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit: http://www.myfloridacfo.com/Division/AA/StateAgencies/W-91nstructionsO22212. pdf The awarded Respondent(s), if any, must have completed this process prior to Contract execution. 3.4 Website References Respondents should not incorporate or reference dynamic links that are external to the Reply documents. Provide screen shots in lieu of references to websites. References to dynamic links (Universal Resource Locators) will not be considered as part of the Respondent's Reply. 3.5 How to Submit a Reply Respondents are responsible for submitting their Replies by the date and time specified in the Timeline of Events of this solicitation. Respondents are to submit the Reply in a sealed package containing the following: 3.5.1 One (1) hard copy of a cover letter as specified in Section 3.7, Contents of Reply. 3.5.2 One (1) electronic Reply in Adobe (.pdf) on a USB flash drive (CD/DVD format is also acceptable). Files are to be organized in accordance with Section 3.7, Contents of Reply. The Vendor's Device List; Vendor's Services and Discounts Pricing; and Vendor's Services and Discounts Pricing, Public Safety (if submitting), should be submitted in either Adobe (.pdf) or Microsoft Excel. 3.5.3 If applicable, one (1) electronic redacted copy of the entire Reply on a USB flash drive (CD/DVD format is also acceptable), as described in Subsection 3.8, Public Records, Respondent's Confidential Information, and Redacted Replies, of this ITN. Large files should be scanned as separate files. All electronic documents are to be searchable to the fullest extent practicable. Clearly mark on the outside of the sealed package the solicitation number, company name, and Procurement Officer name. Submit Replies to the Procurement Officer at the address listed in Subsection 1.7, Procurement Officer. Prepare Replies simply and economically, providing a straightforward, concise delineation of the Respondent's capabilities to satisfy the requirements of this solicitation. The emphasis of each Reply should be on completeness and clarity of content. Replies that are not timely submitted with all required information may be deemed nonresponsive. The risk of submitting a blank or unreadable USB flash drive or CD/DVD rests with the Respondent. ITN No.: DMS -19/20-006 Mobile Communication Services Page 11 of 32 1167 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.6 Mandatory Responsiveness Requirements The Department will not evaluate Replies that do not meet the minimum mandatory requirements listed below. Responses to the SOW will be scored at the evaluation phase. Responses to the SOW and evaluator scores will not be used to determine the responsiveness of the Replies. The Department reserves the right to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State. 3.6.1 The Respondent must be, at the time of Reply submittal, a facilities -based mobile wireless service provider with a network that covers at least 90% of the nation's non -rural population. A Respondent which has been determined by the Federal Communications Commission (FCC) to be a "nationwide service provider" in the Consolidated Communications Marketplace Report — 2018, paragraph 6, page 4, and paragraph 44, page 37, is presumed to meet this coverage requirement. A Respondent not listed in the above-mentioned FCC report as a nationwide service provider must submit documentation showing that it has been independently verified by a government entity as meeting these coverage requirements. The report is located here: https://docs.fcc.gov/public/aftachvments/FCC-18-l8lAl.pdf The certifications required in Subsections 3.6.2 through 3.6.4 must be accomplished through the execution of Form 5, Mandatory Responsiveness Requirements, below. A Reply will be deemed nonresponsive if it fails to contain a signed Form 5. 3.6.2 The Respondent must certify that it is in compliance with Subsection 3.1, General Instructions to Respondents (PUR 1001 Form), of this ITN. 3.6.3 The Respondent must certify that neither it, nor its affiliates, is a convicted vendor or a discriminatory vendor as described in sections 287.133 and 287.134, Florida Statutes, respectively. 3.6.4 The Respondent must certify that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, and is not participating in a boycott of Israel. 3.6.5 The Respondent must certify that it is currently authorized to do business with the State, or will obtain authorization through the Department of State, Division of Corporations, should the Respondent be awarded the Contract, prior to Contract execution. Website: www.sunbiz.org 3.7 Contents of Reply All Replies are to be organized in sections as directed below. Submit the sections of the Reply in one (1) sealed package to the Procurement Officer, organized as follows: 1. A cover letter on the Respondent's letterhead with the following information: a. Company name and physical address; b. Primary location from where the work will be performed; ITN No.: DMS -19/20-006 Page 12 of 32 Mobile Communication Services 1168 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 c. Contact information for primary point of contact, including phone number and email address; and d. Federal Employer Identification (FEID) Number. 2. Completed forms: FORM 1 —CONTACT INFORMATION FORM 2 — NOTICE OF CONFLICT OF INTEREST FORM 3 — NON -COLLUSION STATEMENT FORM 4 — STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT FORM 6 — BUSINESS EXPERIENCE 3. Mandatory Responsiveness Requirements: A signed FORM 5 — MANDATORY RESPONSIVENESS REQUIREMENTS. 4. Respondent's Reply to the Statement of Work (Technical Reply) Respondent will provide a response to each subsection in the SOW, where it is requested, by either inserting a narrative in the response blocks below the text of the numbered subsection (preferred method) or by attaching a narrative with a reference to the corresponding SOW subsection. Note: It is the Respondent's responsibility to ensure responses are properly aligned with the corresponding SOW sections. The Department will not be responsible for evaluating portions of responses that are improperly aligned with the SOW subsections. See also Subsection 1.1, Instructions for Response Blocks, of the SOW regarding SOW Reply instructions. Provide responses to the SOW in a font color for narrative that is different than the SOW font color. 5. Respondent's Experience Reply Respondent will provide an Experience Reply that provides all the information required by this section. The Respondent will supply a brief narrative of Respondent's prior relevant experience and ability to provide the proposed Wireless Voice Services (WVS) and Wireless Data Services (WDS) described in Attachment A — Statement of Work, including, at a minimum, a description of: a. Respondent's market penetration for WVS and WDS services. b. Respondent's experience providing services of similar scope to other public sector clients comparable to the State of Florida. c. Respondent's experience supporting devices and software systems of different manufacturers. List similar or like systems the Respondent has supported in the last three (3) years. d. Respondent's experience providing Highly -available, Highly -reliable telecommunications infrastructures and services. ITN No.: DMS -19/20-006 Mobile Communication Services Page 13 of 32 1169 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 e. Respondent's experience providing sufficient staffing levels, local staffing, and a quality staff driven to proactively address issues. f. Proposed Key Staff — given the requirements in Sections 2.2 through 2.7 of Attachment A, Statement of Work: i. Describe in detail the proposed offering for key staff positions, addressing the minimum requirements listed in the Statement of Work. ii. Provide resumes for all persons being proposed for the key staff positions. iii. Provide a proposed Staffing Organizational Chart, including all staff (both key staff and non -key staff) that are anticipated to be assigned to the Contract, including names and titles (full-time and part-time). iv. Describe the proposed Customer Support Team model, including staffing levels, minimum qualifications, and average years of experience of the proposed team. 6. Letter of Bondability A letter signed on or after October 1, 2020, from a surety company or bonding agent authorized to do business in the State and written on company letterhead indicating the Respondent's ability to obtain a performance bond in the amount of at least five hundred thousand dollars ($500,000). For additional information see Section 16, Performance Bond, of Attachment B — Draft Contract. 7. Pricing and Devices Submit the following items in one (1) separate electronic file folder: o Vendor's Services and Discounts Pricing o Vendor's Services and Discounts Pricing, Public Safety, if the Respondent is proposing to provide services in accordance with SOW Section 4, Public Safety Service Plans and Devices o Vendor's Device List Note: The items submitted in this Pricing and Devices portion will not be evaluated or scored by the Department during the evaluation phase of the ITN, nor will these items be used to determine vendor responsiveness. The Department intends for these items to be utilized by the negotiation team to establish a baseline for service and pricing discussions with Respondents during the negotiation phase of the ITN. 3.8 Public Records, Respondent's Confidential Information, and Redacted Replies The following subsections supplement Section 19, Public Records, of the PUR 1001 Form, General Instructions to Respondents. By submitting a Reply, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent's determination that the redacted portions of its Reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Respondent fails to mark material exempt, or fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce, in their entirety, all documents, data, or records submitted to the Department in answer to a public records request for these records. However, no portion of a Reply will be produced in response to a public records request until such time as the Department provides notice of an intended decision with regard to this ITN or until thirty (30) days after opening the final Replies, whichever is earlier (see Section 3.8.3, Public Inspection, below, for additional information). ITN No.: DMS -19/20-006 Mobile Communication Services Page 14 of 32 1170 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.8.1 Electronic and Written Communications Unless exempted by law, all electronic and written communications pertaining to this ITN, whether sent from or received by the Department, are subject to Florida's broad Public Records Law, found in Chapter 119, Florida Statutes. 3.8.2 Replies Unless exempted by law, all materials submitted as part of a Reply to this ITN will become a public record subject to the provisions of Chapter 119, Florida Statutes. Selection or rejection of a Reply does not affect the public record status of the materials. 3.8.3 Public Inspection Unless exempted by law, all public records are subject to public inspection and copying under Chapter 119, Florida Statutes. As noted above, a time-limited exemption from public inspection is provided for the contents of Replies pursuant to section 119.071(1)(b), Florida Statutes. Once that exemption expires, all contents of Replies become subject to public inspection, unless another exemption applies. Any claim of trade secret exemption for any information contained in Respondent's Reply will be waived upon submission of the Reply to the Department, unless the claimed trade secret information is submitted in accordance with Subsection 3.8.4, How to Claim Trade Secret or Other Exemptions, below. This waiver includes any information included in the Respondent's Reply outside of the separately bound document described below. 3.8.4 How to Claim Trade Secret or Other Exemptions If a Respondent considers any portion of materials made or submitted in the course of replying to this ITN to be trade secret under section 812.081, Florida Statutes, or other applicable law, or otherwise confidential under Florida or federal law, in order to preserve the confidentiality of the material, the Respondent must clearly designate, in writing, that portion of the materials as "confidential" when submitted to the Department. The Respondent must submit all such information as a separately bound, unredacted document clearly labeled "Confidential, Unredacted Reply" together with a brief written description of the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption. The Respondent is to also simultaneously provide the Department with a separate, electronic redacted copy of its Reply. The file name of the electronic redacted copy is to contain the name of the Respondent, the ITN number, and redacted copy (e.g., Respondent Name DMS ITN _redacted copy.pdf). Prominently display the phrase "Redacted Copy" on the first page of the electronic redacted copy and each page on which information is redacted. The redacted copy is to be submitted no later than the Reply submittal deadline. Where such information is part of material already required to be submitted as a separately bound or enclosed portion of the Reply, further segregate it and separately bind or enclose and clearly label it as set forth above in addition to any other labeling required forthe material. Negotiation Meetings. If the Respondent is invited to negotiations, it will be incumbent upon the Respondent to identify, in real-time, portions of the Respondent's negotiation sessions that include references to materials and/or information the Respondent claims are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the Respondent fails to inform the Department that any portion of the negotiation meetings should be considered confidential, proprietary, trade secret or otherwise not subject to ITN No.: DMS -19/20-006 Mobile Communication Services Page 15 of 32 1171 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 disclosure, the Department is authorized to produce the audio recording in answer to a public records request for these records. The Respondent is responsible for defending its determination that the portions of the negotiation sessions are exempt and not subject to disclosure. 3.8.5 Public Records Request If a Respondent fails to mark any materials submitted to the Department as confidential, or fails to submit a redacted copy as provided in this section, or fails to claim, in real-time, portions of the negotiations sessions as exempt, the Respondent waives the exemption, and the Department may produce all of the Respondent's documents, data, or records or the Department's recordings of negotiation sessions to any person requesting a copy under Chapter 119, Florida Statutes. The Respondent exclusively bears the burden of complying with Subsection 3.8, Public Records, Respondent's Confidential Information, and Redacted Replies, to ensure its exempt information is appropriately marked and protected. If a requestor asserts a right to the confidential information, the Department will notify the Respondent that such an assertion has been made. It is the Respondent 's responsibility to assert that the information in question is exemptfrom disclosure under Chapter 119, Florida Statutes, or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the confidential information of the Respondent in a legal proceeding, the Department will give the Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Respondent is responsible for defending its determination that the redacted portions of its Reply are confidential, proprietary, trade secret or otherwise not subject to disclosure. 3.8.6 Department Not Obligated to Defend Respondent's Claims The Department is not obligated to agree with a Respondent's claim of exemption and, by submitting a Reply, the Respondent agrees to defend its claim that each and every portion of the redacted material is exempt from inspection and copying under the Public Records Law. Further, by submitting a Reply, the Respondent agrees to protect, defend, indemnify and hold harmless the Department for any and all claims and litigation (including litigation initiated by the Department), including attorney's fees and costs, arising from or in any way relating to Respondent's assertion that the redacted portions of its Reply or portions of the negotiation sessions are trade secrets or otherwise exempt from public disclosure under Chapter 119, Florida Statutes. The Department may use counsel of its choosing to defend any such claims, and the Respondent shall promptly pay the Department's invoices for legal services on a monthly basis for all costs and expenses, including legal fees, incurred in defending such claims. 3.9 Additional Information By submitting a Reply, the Respondent certifies that it agrees to all criteria specified in this solicitation. The Department may request, and the Respondent shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Reply being deemed non-responsive. 3.10 Respondent's Pricing Respondents are to submit pricing at the time of their Reply. Pricing should be submitted as if the terms and conditions of Attachment B— Draft Contract are final. There is no guaranteed minimum spend from the Department or the Customers. Respondents are instructed to only submit pricing forservices that are within the contemplated scope of this procurement, including additional options or features proposed by the Respondent that are in accordance with the SOW. ITN No.: DMS -19/20-006 Mobile Communication Services Page 16 of 32 1172 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 If the proposed pricing includes services outside of the scope of the Contract, those services will not become part of the Contract and will neither be included in CSAB nor be offered to Customers. Pricing must be uniform with no variation for geographic location of service delivery. Respondents are encouraged to provide the best possible pricing at all times. Pricing submitted will be considered pricing for the initial and any renewal periods. Respondents' proposed pricing is inclusive of all government sanctioned surcharges and fees (as provided in the SOW, Subsection 5.6, Taxes and Government Sanctioned Fees) necessary to deliver the proposed services, unless otherwise separately identified in the Reply. The only additional costs permitted will be reasonable costs for expedited orders. 3.10.1 Vendor's Device List The Respondent should submit a Vendor's Device List of the Respondent's proposed devices and pricing, which will become part of the final Contract, as modified during negotiations. The Vendor's Device List should include all proposed devices, including, at a minimum, cellular phones, smartphones, tablets, broadband access devices (data -only), cellular mobile broadband devices (support for internet access), devices supporting secure access to MFN, and accessories. Devices maybe shown with a variety of packages, with detailed pricing, and descriptions of associated services, devices and/or features. Any services, devices and/or features provided at no cost should be identified as $0.00. If the Respondent is proposing Public Safety services and devices, the Vendor's Device List may also include Public Safety wearables and other Public Safety wireless enabled devices. For all items listed below, the Vendor's Device List should include: manufacturerand model, vendor's identification number (SKU), vendor's commercially advertised retail price as of the date the Reply is submitted to the Department, State purchase price, and any promotional pricing, as well as the following device -specific information: 1) Smartphones a. Operating system, camera, removable memory, hearing aid compatibility, mode, and other features. b. At least one unlocked iPhone and one unlocked Android smartphone. 2) Air Cards and hotspots a. Mode, compatibility with 4G LTE, compatibility with 5G, compatibility with Apple Operating Systems (iOS, Mac OS), compatibility with Microsoft Operating systems (Windows), external antenna, and other features. 3) Tablets a. Operating system, camera, removable memory, and other features. 4) Basic Phones a. At least one basic phone that is available to Customers at no charge, other than the cost of the purchased service plan. 5) Accessories a. May include phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 6) Public Safety Wearables ITN No.: DMS -19/20-006 Mobile Communication Services Page 17 of 32 1173 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.10.2 Vendor's Services and Discount Pricing The Respondent should submit services and discount pricing, which will become part of the final Contract, as modified during negotiations. If bidding on the public safety portion of this procurement, the Respondent should also submit public safety -specific pricing. Respondents may mirror the formats of existing End User Price Lists (EUPLs), also referred to as User Rates, or createtheir own. The currentEUPLs can be found on this DMSwebsite: https://www.dms.mVflorida.com/business operations/telecommunications/suncom2/voice services/mobile communication services. Respondent's should state prices as monthly recurring charges (MRC) or non-recurring charges (NRC). The Services and Discounts Pricing should include the following, at a minimum: 1) Non -pooled Plans a. Pricing and details of all non -pooled plans, which may include: i. Voice per minute rate plans: usage based, limited ii. Unlimited plans: voice; voice and text; voice, text, and data; voice, data, messaging, and hotspot iii. Messaging plans: limited and unlimited iv. Data only device plans: per megabyte data plan, data plan with tethering, data plan without tethering, and unlimited data b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Description of services included in the monthly recurring costs, including the number of messages (SMS/MMS), minutes (anytime, nights, or weekends), data limits, and included features, such as call waiting. i. Detail how airtime and other measured usage are billed; for example, in full - minute increments, rounded up to the next full increment at the end of each call for billing purposes, unanswered outgoing calls incurring airtime. ii. Description of billing for calls directly dialing or receiving from the same carrier. iii. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. iv. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 2) Pooled Plans a. Pricing and details of all pooled plans, which may include: i. Description of tiers, including the number of minutes included in the plans. b. Relevant unit pricing, including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. c. Describe: i. how the minutes are aggregated and credits are applied; ii. how a Customer can have more than one pool; iii. rollover minutes; iv. pool limitations, e.g., limits to the number of users; and v. included features, such as call waiting. 3) Push -to -Talk a. Pricing and details of all push -to -talk plans, which may include: i. Standalone push -to -talk and add-on push -to -talk plans. ii. Relevant unit pricing including price per minute, variation of price per minute for nights and weekends, monthly rollover of minutes or data. ITN No.: DMS -19/20-006 Mobile Communication Services Page 18 of 32 1174 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 iii. Description of services included in the monthly recurring costs and included features 1. Detail how measured usage is billed, for example, in full -minute increments, rounded up to the next full increment at the end of each call for billing purposes, or unanswered outgoing calls incurring airtime. 2. If the pricing changes for nights and weekends, describe the times the carrier deems are nights and weekends and any changes to charges during this time. 3. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 4) Machine -to -Machine a. Pricing and details of all machine -to -machine and internet of things service plans which may include: i. Description of tiers, including the usage caps of each tier. One (1) MB to twenty (20) GB requested, at minimum. b. Relevant unit pricing, including price per minute, variation of price per MB for nights and weekends, and monthly rollover of minutes or data. c. Description of services included in the monthly recurring costs and included features. i. Detail how measured usage is billed. ii. Detail any prohibited activities, such as those prohibited for compliance with the law or to prevent interference with the network. 5) Discounts a. All proposed discounts off accessories and devices. b. State what published price the discount percentage applies to (MSRP, vendor published catalog, etc.). i. Describe any additional proposed discounts, such as 100% discount off activation fees. ii. Specific pricing for devices should be listed in the Vendor's Device List. 6) Additional Features, Fees, and Other Items a. Respondents may describe and detail any additional offerings that are contemplated within the SOW. i. These shall include surcharges and fees (see SOW Section 5.6, Taxes and Government Sanctioned Fees). ii. These may include chargeable features, such as robo-call blocking, mobile device management, etc. iii. Respondents may also suggest tiered pricing. iv. Where applicable, Respondents should detail the plan name and type, monthly recurring cost, etc. b. There will be no activation fees for services and devices purchased off the Contract. Current MCS contracts do not allow activation fees for services and devices. SECTION 4. SELECTION METHODOLOGY 4.1 Responsiveness and Responsibility The Department will determine which Respondents are responsive and responsible, and which have submitted a Responsive Reply that meets the requirements of this solicitation (see section ITN No.: DMS -19/20-006 Page 19 of 32 Mobile Communication Services 1175 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 287.012, Florida Statutes). The Department will perform the initial responsiveness check. Replies found to be nonresponsive will not be evaluated. The Department reserves the right to act upon information discovered after the initial responsiveness check impacting the responsibility or responsiveness of the Respondent. 4.2 Evaluation Process — General Overview The Department will appoint an evaluation team for the evaluation and scoring of the Responsive Replies for the evaluation phase. Each evaluator will be provided a copy of each Respondent's Reply that is deemed Responsive. The evaluators will score Replies against the evaluation criteria set forth in subsection 4.3, Evaluation of the Reply, in order to establish a competitive range of Replies reasonably susceptible of award. The Evaluation Summary Score Sheet Table, to be used by the Department to calculate evaluation scores, provides for the SOW sections that will be scored and the relative weights given to the scored sections. See subsection 4.4, Negotiations, for information on the negotiation phase of the ITN. All Replies that meet the Mandatory Responsiveness Requirements will be evaluated as described in section 4, Selection Methodology. 4.3 Evaluation of the Reply The evaluators will independently review and evaluate the Responsive Replies. Using the assessment scale below, the evaluators will assign scores zero (0) to four (4) based on the quality of each section of the Reply to the SOW. In determining the quality of a Reply, the evaluators will use the following guiding questions: • How well does the Reply demonstrate an understanding of the services requested? • How well does the Reply demonstrate the Respondent's ability to provide the services requested? • How well does the Reply address the requested services? Assessment Evaluator Score U nacceptable 0 Poor 1 Adequate 2 Good 3 Exceptional 4 4.3.1 Scoring Scoring, for purposes of determining the competitive range, will be a total of the evaluator's weighted scores for each Respondent for all scored sections of the SOW. ITN No.: DMS -19/20-006 Mobile Communication Services Page 20 of 32 1176 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The table below demonstrates the calculations the Department will use to determine the Respondent's Final Weighted Score, based on the raw scores given by the Evaluation Team members while evaluating the Respondent's Reply. The Raw Points scored for each section, by each evaluator, will be averaged together and then multiplied by the Weight Factor in the table below for each section. This calculation will render the Respondent's Weighted Scores for each section. The Respondent's Weighted Scores for each section will be added together to determine the Respondent's Final Weighted Score. EVALUATION SUMMARY SCORE SHEET Section Maximum Possible Raw Score Weight Factor Maximum Possible Weighted Score 1.6 Evolving Technology 4 X 50 = 200 2.1 Staffing Responsibilities 4 X 100 = 400 3.6 Wireless Data Services 4 X 75 = 300 3.10 State of Florida Coverage 4 X 50 = 200 3.12 Security 4 X 50 = 200 3.16 Highly Available and Highly Reliable Design Characteristics 4 X 25 = 100 3.17 Reports, Updates, and Notification Requirements 4 X 50 _ - 200 3.19 Customer Support 4 X 50 = 200 3.20 Contractor's MCS Portal 4 X 25 = 100 3.21 Devices 4 X 50 = 200 3.22 Cooperation with Other Contractors 4 X 25 = 100 3.23 Customer Migration 4 X 75 = 300 3.26 Project Management 4 X 25 = 100 Respondent's Experience Reply 4 X 300 = 1,200 Maximum Possible Final Weighted Score: 1 3,800 For additional instructions for replying to the SOW, see SOW subsection 1.1. For selection methodology, scoring, and weighting, see this ITN section 4, Selection Methodology. 4.3.2 Other Department Rights for Evaluation The Department reserves the right at any time during the Evaluation Process to: 1. Conceal pricing information from evaluators or provide an instruction to evaluators to disregard pricing information in their evaluation of a Responsive Reply. 2. Redact, omit, or provide instruction to evaluators to disregard any portions of a proposed offering which the Department determines are outside of the scope of this procurement. 4.4 Negotiations 4.4.1 Negotiations Process — General Overview After the evaluation of Replies based on the criteria identified above, the Department will establish a competitive range of Replies reasonably susceptible of award and will select one (1) or more Respondents within the competitive range to commence negotiations. ITN No.: DMS -19/20-006 Mobile Communication Services Page 21 of 32 1177 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Department will establish a negotiation team to conduct the negotiations. The negotiation team will makea recommendation of (an) award(s) to the Respondent(s) that will provide best value based on the selection criteria in the ITN. The negotiation team will not be bound by evaluator scoring but may use the evaluator scoring as a reference tool during the negotiation process. The Department will require the Respondent(s) to provide the Vendor's Services and Discounts Pricing; Vendor's Services and Discounts Pricing, Public Safety (if proposing public safety services); and Vendors Device List if they were not originally included in the Respondent's Reply. All pricing submitted may be reduced during negotiations but cannot be raised unless the increase is reflected in the BAFO and is directly related to changes in offered services in the BAFO and as negotiated in accordance with this ITN. During the negotiation process, the Department also reserves the right to negotiate a la carte services, categories, and components of services. The format and content of any pricing submissions, including but not limited to BAFOs, may be amended during negotiations at the discretion of the negotiation team. The Department reserves the right to negotiate different terms, additional terms, and related price adjustments if the Department determines that such changes would provide the best value to the State. Additional operational requirements may be defined and clarifications required. The Department may require additional technical detail, diagrams, demonstrations, and documentation. The negotiation team may request proposed alternative terms or deliverables during negotiations, but it is under no obligation to accept proposed alternative terms or deliverables. The Department reserves the right to negotiate concurrently or sequentially with competing Respondent(s). Negotiations will not be open to the public but will be recorded. Recordings of negotiations and negotiation team strategy meetings will be subject to the provisions of section 286.0113, Florida Statutes. Negotiation meetings will be conducted in Tallahassee, Florida, if conducted in-person, or using technology-based solutions, if conducted remotely. The Department reserves the right to schedule in-person negotiations at a different location in the State. The Department may distribute an agenda in advance of any negotiation session. Representatives for each Respondent should plan to be available, at least by telephone, without interruptions, for the entirety of the Respondent's scheduled negotiation meeting(s). Negotiations will continue as determined by the negotiation team, until acceptable terms and conditions are agreed upon through a BAFO, if applicable, or it is determined that an acceptable agreement cannot be reached. The Department reserves the right to conclude negotiations at any time and proceed to Contract award. 4.4.2 Respondent Attendance at Negotiations The Department reserves the right to limit the number of representatives permitted to attend the negotiation sessions. 4.4.3 Revised Replies and Best and Final Offers During the negotiation phase, the Department may request clarification and revisions to Replies (including BAFOs) and identify information to be submitted to the Department until it is satisfied ITN No.: DMS -19/20-006 Mobile Communication Services Page 22 of 32 1178 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 that it has achieved the best value for the State. Failure to provide information requested by the Department during the negotiation phase may result in termination of negotiations with the Respondent. It is anticipated that the Department will use language in the Request for BAFO expressing contractual requirements within the procurement documents where the language was previously permissive. For example, the word 'should' may be replaced by the word 'must' in the final SOW attached to the Request for BAFO. 4.4.4 Other Department Rights During Negotiations The Department has sole discretion in deciding whether and when to take any of the following actions and to decide the scope and manner of such actions. The Department reserves the right at any time during the negotiation process to: a) Schedule additional negotiation sessions with any or all Respondents. b) Require any or all Respondents to provide additional, revised, or final written Replies addressing specific topics, including, but not limited to, modifications to the solicitation specifications, terms and conditions, or business references. c) Require any or all Respondents to provide revised Replies and written BAFO(s). d) Require any or all Respondents to address services, prices, or conditions offered by any other Respondent. e) Pursue a Contract with one (1) or more Respondents for the services encompassed by this solicitation, including any addendums thereto and any request for additional, revised, or final written Replies or request for BAFOs. f) Pursue the division of Contracts between Respondents by type of service or geographic area, or both. g) Finalize Contract terms and conditions with any Respondent at any time. h) End negotiations with any or all Respondents at any time, regardless of the status of or schedule of negotiations, and to continue with other Respondents, or not continue with any Respondents. i) Conclude negotiations at any time and proceed to Contract award. j) Re -open negotiations with any responsive Respondent. k) Take any additional, administrative steps deemed necessary in determining the final award, including conducting demonstrations, additional fact-finding, evaluation, or negotiation where necessary and consistent with the terms of this solicitation. 1) Request the assistance of and use subject matter experts for any portion of the procurement or throughout the procurement. m) Review and rely on relevant information contained in the Replies. n) Request pricing options different from the initial pricing provided by the Respondent. This information may be used in negotiations. o) Request business references and materials related to a reference check. p) Contact Respondent's Customers, if any, or other entities with information relevant to the Respondent's responsibility, experience, and/or ability. 4.4.5 Negotiation Meetings Not Open to Public In accordance with section 286.0113, Florida Statutes, negotiations between the Department and Respondents are exempt from Chapter 286, Florida Statutes, and s. 24(b), Art. I of the State ITN No.: DMS -19/20-006 Mobile Communication Services Page 23 of 32 1179 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Constitution. Also, any portion of a team meeting at which negotiation strategies are discussed are exem pt f rom section 286.011, Florida Statutes. The Department will record all meetings of the negotiation team and all negotiation meetings between the Department and Respondents, as required by law, and such recordings will eventually become public record pursuant to Chapter 286, Florida Statutes. During negotiations, Respondents must inform the Department if any portion of the meetings should be considered confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or other authority, so that the Department can make appropriate arrangements for the segregation of the recording. 4.5 Final Selection and Notice of Intent to Award Contract 4.5.1 Award Selection Contract(s) will be awarded, if any award is made, to the responsive and responsible vendor(s) whose BAFO is assessed as providing the best value to the State in accordance with the selection criteria of this ITN. 4.5.2 Selection Criteria The following award selection criteria will apply for this ITN: a) The Respondent's demonstration of its prior relevant experience, including track record, and the overall professional experience of the Respondent at providing the proposed services; b) The Respondent's ability and approach to meeting the goals of the ITN, as stated in subsection 1.5, Goals of the ITN, and SOW subsection 1.3, MCS Objectives; c) The Respondent's ability and approach to providing the services and associated devices sought in the SOW; d) The Respondent's pricing. 4.5.3 Department's Negotiation Team Recommendation The Department's negotiation team will make a recommendation as to the Contract award(s) that will provide the best value to the State based on the selection criteria. SECTION 5. AWARD 5.1 Rights for Award The Department reserves the right to: • Award a contract to one (1) or more Respondents for the services encompassed by this solicitation. • Award a contract to one (1) or more Respondents, or no Respondents at all, for all or part of the work contemplated by this solicitation. • Select one (1) or more Respondents by type of service, geographic area, and/or both. • Award contracts for less than the entire geographic area. • Award and contract with other Responsive Respondents in the event that the Department is unable to contract with the initially awarded Respondent(s). • Reject all Replies and determine whether to reissue a competitive solicitation. • Withdraw or cancel the solicitation and make no award. ITN No.: DMS -19/20-006 Mobile Communication Services Page 24 of 32 1180 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.2 Agency Decision The Department will post a Notice of Intent to Award to enter into one (1) or more contracts with the Respondent(s) identified therein, on the VBS website: http://vbs.dms.state.fl.us/vbs/main menu. If the Department decides to reject all Replies, it will post its notice on the VBS website: http://vbs.dms.state.fl.us/vbs/main menu. 5.3 Other Reserved Rights • The Department has the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply will not affect this right. • The Department reserves the right, after posting a Notice of Intent to Award, to withdraw or cancel the procurement, or amend its Notice of Intent to Award and re -open negotiations with any Respondent at any time prior to execution of a Contract. 5.4 No Contract until Execution A Notice of Intent to Award under this ITN shall not constitute or form any contract between the Department and a Respondent. No contract shall be formed until such time as a Respondent and the Department formally execute a contract with requisite written signatures. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Mobile Communication Services Page 25 of 32 1181 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 FORM 1 — CONTACT INFORMATION For solicitation purposes, the Respondent's contact person will be Name Title Company Name Address Telephone Fax E-mail FEID # Name of Respondent's Organization ITN No.: DMS -19/20-006 Mobile Communication Services Should the Respondent be awarded the Contract, the Account Manager's contact information will be: Signature of Authorized Representative and Date Print Name Page 26 of 32 1182 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 FORM 2 - NOTICE OF CONFLICT OF INTEREST Company Name For the purpose of participating in the solicitation process and complying with the provisions of Chapter 112, Florida Statutes, the company states the following conflict(s) of interest exists as noted below (if none, write N/A in the applicable section(s) below): The persons listed below are corporate officers, directors, or agents and are currently employees of the State of Florida or one of its agencies: The persons listed below are current State of Florida employees who own an interest of five percent (5%) or more in the company named above: Name of Respondent's Organization ITN No.: DMS -19/20-006 Mobile Communication Services Signature of Authorized Representative and Date Print Name Page 27 of 32 1183 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 I state that I FORM 3 - NON -COLLUSION STATEMENT (Name and Title) of (Name of Respondent) am authorized to make this statement on behalf of my firm and its owner, directors, and officers. I am the person responsible in my firm for the price(s) and amount(s) submitted in response to this ITN and the preparation of the Reply. I state that: The price(s) and amount(s) submitted in response to this ITN, either in the initial Reply or during negotiations, will be arrived at independently and without consultation, communication, or agreement with any other Respondent or potential Respondent. 2. Neither the price(s) nor the amount(s) submitted in response to this ITN, and neither the approximate price(s) nor approximate amount(s) submitted in response to this ITN, either in the initial Reply or during negotiations, have been or will be disclosed to any other firm, vendor, Respondent, or potential Respondent, and they will not be disclosed before Reply opening. 3. No attempt has been made or will be made to induce any firm or persons to refrain from submitting a Reply to this ITN, or to submit prices higher than the prices submitted in this Reply, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Reply. 4. The Reply of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Reply. 5. , its affiliates, subsidiaries, officers, director, and employees (Name of Respondent) are not currently under investigation by any governmental agency and have not in the last ten (10) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to a bid on any public contract, except as follows: I state that I and the named firm understand and acknowledge that the above representations are material and important and will be relied on by the State of Florida forwhich this Reply is submitted. I understand, and my firm understands, that any misstatement in this statement is, and will be treated as, fraudulent concealmentfrom the State of Florida of the true facts relating to the submission of Replies for this contract. Dated this day of Name of Respondent: Signed by: Print Name ITN No.: DMS -19/20-006 Mobile Communication Services Page 28 of 32 1184 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 FORM 4 - STATEMENT OF NO PRIOR DISQUALIFYING INVOLVEMENT I, as an authorized representative of the Respondent, certify that nothing in section 287.057(17)(c), Florida Statutes (see below), prohibits the Respondent's entry into any Contract resulting from this solicitation. Section 287.057(17)(c), Florida Statutes: A person who receives a contract that has not been procured pursuant to subsections (1)-(3) [of s. 287.057, F.S.] to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a Respondent who responds to a request for information from being eligible to contract with an agency. Name of Respondent's Organization ITN No.: DMS -19/20-006 Mobile Communication Services Signature of Authorized Representative and Date Print Name Page 29 of 32 1185 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 FORM 5 — MANDATORY RESPONSIVENESS REQUIREMENTS The Respondent certifies that it is in compliance with Subsection 3.1, General Instructions to Vendors PUR 1001 Form). The Respondent certifies that neither it, nor its affiliates, is a convicted vendor or a discriminatory vendor as described in sections 287.133 and 287.134, Florida Statutes, respectively. The Respondent certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, orthe Scrutinized Companies that Boycott Israel List, and is not participating in a boycott of Israel. The Respondent certifies that it is currently authorized to do business with the State, or will obtain authorization through the Department of State, Division of Corporations, should the Respondent be awarded the Contract, prior to Contract execution. Website: www.sunbiz.or The Respondent must be, at the time of Reply submittal, a facilities -based mobile wireless service provider with a network that covers at least 90% of the nation's non -rural population. A Respondent which has been determined by the Federal Communications Commission (FCC) to be a "nationwide service provider" in the Consolidated Communications Marketplace Report — 2018, paragraph 6, page 4, and paragraph 44, page 37, is presumed to meet this coverage requirement. A Respondent not listed in the above-mentioned FCC report as a nationwide service provider must submit documentation showing that it has been independently verified by a government entity as meeting these coverage requirements. The report is located here: hftps://docs.fcc.gov/public/attachvments/FCC-18-l8lAl.pdf Signature below certifies that the signatory has the authority to respond to this solicitation on the Respondent's behalf and certifies conformance with all Mandatory Responsiveness Requirements listed above. Name of Respondent's Organization Printed Name of Organization's Authorized Representative Signature of Organization's Authorized Representative ITN No.: DMS -19/20-006 Mobile Communication Services Date Page 30 of 32 1186 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 FORM 6 - BUSINESS EXPERIENCE Provide the information requested below. Print and complete this form as many times as needed to demonstrate experience in providing the same or similar services sought in this procurement. The experience cannot be from: a. Current employees of DMS. b. Former employees of DMS within the past three (3) years. c. Persons currently or formerly employed by the Respondent's organization. d. Board members of the Respondent's organization. e. Relatives. f. Corporations based solely in a foreign country. g. Any person involved in the drafting of this ITN or the procurement process. The same entity may not be listed more than once. In the event the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at that time should be provided in the space provided for "Brief Summary of Services." The Department reserves the right to contact entities stated below, and also other than those identified by the Respondent, to obtain additional information regarding past performance. The Department may also solely rely on the information stated below without contacting the entities state below. Information Experience #1 Company Name Company Person Title Address City State Telephone Number Email Address Contract Period (contract start date to contract end date) Brief summary of services Information Experience #2 Company Name Company Person Title Address Cit State Telephone Number Email Address ITN No.: DMS -19/20-006 Mobile Communication Services Page 31 of 32 1187 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Contract Period (contract start date to contract end date) Brief summary of services Information Experience #3 Company Name Company Person Title Address City State Telephone Number Email Address Contract Period (contract start date to contract end date) Brief summary of services ITN No.: DMS -19/20-006 Mobile Communication Services Page 32 of 32 1188 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Department of ' MANAGEMENT SERVICES Tj We serve those who serve Florida 4050 Esplanade Way Tallahassee, FL 32399-0954 1 Ron DeSantis, Governor Jonathan R. Satter, Secretary ATTACHMENTA-STATEMENTOF WORK FOR MOBILE COMMUNICATION SERVICES ITN NO: DMS -19/20-006 INVITATION TO NEGOTIATE THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 1 of 66 Mobile Communication Services 1189 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 III,,,,, alble Off„ COlire t iii s 1. Statement of Work Introduction....................................................................................... 6 1.1 Instructions for Response Blocks.................................................................................... 7 1.2 Mobile Communication Services Portfolio....................................................................... 7 1.3 MCS Objectives................................................................................................................ 8 1.4 MyFloridaNet....................................................................................................................9 1.5 End User Price Lists and Vendor's Device List............................................................... 9 1.6 Evolving Technology......................................................................................................10 2. Contractor Staffing.........................................................................................................11 2.1 Staffing Responsibilities................................................................................................. 11 2.2 Key Staff Position - Account Manager........................................................................... 13 2.3 Key Staff Position - Project Manager............................................................................. 14 2.4 Key Staff Position - Business Operations Manager ...................................................... 14 2.5 Key Staff Position - Engineering and Design Manager ................................................. 15 2.6 Key Staff Position - Operations and Security Manager ................................................. 15 2.7 Customer Support Team................................................................................................16 3. Services and Devices for Mobile Communication Services .......................................... 17 3.1 Wireless Voice Services.................................................................................................17 3.2 Wireless Data Service....................................................................................................17 3.3 Wireless Data Service - IP Addresses........................................................................... 18 3.4 Wireless Data Service — Access Circuit........................................................................ 18 3.5 Wireless Data Service - Closed User Groups............................................................... 20 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 2 of 66 Mobile Communication Services 1190 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.6 Wireless Data Service — Network -to -Network Interface Design .................................... 21 3.7 Wireless Data Service—Traffic Mapping into MyFloridaNet..........................................25 3.8 Wireless Data Service — Traffic Directly to the Internet ................................................. 26 3.9 Wireless Data Service - Test Plan................................................................................. 28 3.10 State of Florida Coverage.............................................................................................. 28 3.11 Roaming......................................................................................................................... 29 3.12 Security...........................................................................................................................29 3.13 Reviews of the Contractor's Service.............................................................................. 31 3.14 Emergency Services......................................................................................................32 3.15 Contractor's Service Delivery Costs.............................................................................. 33 3.16 Highly Available and Highly Reliable Design Characteristics ....................................... 33 3.17 Reports, Updates, and Notifications Requirements...................................................... 34 3.18 Service Level Agreement Operational Process............................................................. 35 3.19 Customer Support.......................................................................................................... 37 3.20 Contractor's MCS Portal................................................................................................ 38 3.21 Devices...........................................................................................................................39 3.22 Cooperation with Other Contractors.............................................................................. 40 3.23 Customer Migration........................................................................................................41 3.24 Transition for Future Iterations of this Service............................................................... 41 3.25 Contractor Meetings with DMS...................................................................................... 43 3.26 Project Management......................................................................................................45 3.27 Project Management- Services Infrastructure Checklist .............................................. 50 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 3 of 66 Mobile Communication Services 1191 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4. Public Safety Service Plans and Devices...................................................................... 53 4.1 Deployable Technologies............................................................................................... 53 4.2 Local Control.................................................................................................................. 54 4.3 Local control portal......................................................................................................... 54 4.4 Public Safety Standards................................................................................................. 54 4.5 Demonstration Devices..................................................................................................54 60 4.6 Public Safety Customer Support.................................................................................... 55 4.7 Public Safety Reporting.................................................................................................. 55 4.8 Public Safety Marketing................................................................................................. 55 5. Business Operations...................................................................................................... 56 5.1 General Description of the SUNCOM Business Model ................................................. 56 5.2 Communications Service Authorization and Billing Transaction Flowchart .................. 56 5.3 Communications Service Authorization and Billing — Official Record ........................... 58 5.4 Communications Service Authorization and Billing - Interface with Contractor............ 58 5.5 Communications Service Authorization and Billing Service Catalog ............................ 59 5.6 Taxes and Government Sanctioned Fees..................................................................... 59 5.7 User Access Privileges for the Contractor..................................................................... 60 5.8 Work Orders................................................................................................................... 60 5.9 Inventory......................................................................................................................... 61 5.10 Invoicing Requirements..................................................................................................61 5.11 Electronic Substantiating Detail File.............................................................................. 61 5.12 Audit of Contractor Invoices........................................................................................... 62 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 4 of 66 Mobile Communication Services 1192 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.13 Mandatory Interface with the Contractor....................................................................... 62 5.14 Properly Authorized Work Orders.................................................................................. 62 5.15 General Billing Requirements........................................................................................ 62 5.16 Billing Start..................................................................................................................... 62 6. Direct Ordering and Billing............................................................................................. 63 6.1 Services and Devices Sold to Direct -Billed Customers ................................................. 63 6.2 Cost Recovery Rate....................................................................................................... 63 6.3 Contract Association on Direct -Billed Accounts............................................................ 64 6.4 Monthly Reporting of Direct -Billed Accounts................................................................. 64 6.5 Quarterly Reporting of Direct -Billed Accounts............................................................... 65 6.6 Customers Liability.........................................................................................................65 ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 5 of 66 Mobile Communication Services 1193 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1. Statement of Work Introduction This Attachment A— Statement of Work (SOW) describes cellular voice and data services, secure access to MyFloridaNet (cellular data -only devices), and other related telecommunication services, cellular phones, associated devices, accessories, and features, collectively referred to herein as Mobile Communication Services (MCS). All requirements contained in this SOW are Contract requirements. Deliverables and associated financial consequences (hereinafter referred to as "Service Level Agreements" or "SLAs") are specified on Attachment C— Service Level Agreements. The intent of this procurement is to establish one (1) or more multi-year Contract(s) that meet the goals of the ITN, as stated in Section 1.5, Goals of the ITN, of that document. Any contracted services will be available for use by State agencies and political subdivisions of the State, municipalities, and nonprofit corporations in accordance with Chapter 282, Florida Statutes (F.S.). This SOW contains operational and administrative objectives for MCS that will form the requirements for implementation and on-going support underany Contract resulting from this ITN. This SOW is intended to reflect the requested service components DMS is seeking the Respondent to offer for MCS. This SOW includes references to service components that "must," "shall," or "will" be delivered; however, these SOW references to "must," "shall," "will," and "minimum requirements" will not affect DMS's determination of a Respondent's responsiveness. DMS intends for these SOW references to become mandatory at the time of Contract execution (as reflected in DMS's Request for Best and Final Offer (BAFO)). However, these SOW references may be subject to negotiation during the procurement and will be resolved through the terms of DMS's Request for BAFO. The terms "will" and "shall" are used interchangeably. The Request for BAFO may also provide for requirements in place of what may previously have been requests. For example, the word `should' in this SOW may be replaced by the word `must' in the final SOW attached to the Request for BAFO. While the Department reserves the right to negotiate any term or condition during the negotiation process, the Contractor agrees that its Reply is based on the assumption that the terms and conditions of this SOW, as well as the Draft Contract (Attachment B to the ITN), apply as currently written. If more than one (1) Contract is awarded, then the use of the terms "Contract," "Contractor," "Reply," and "Respondent," include the plural when applicable. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 6 of 66 Attachment A: Statement of Work Mobile Communication Services 1194 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1.1 Instructions for Response Blocks The SOWcontains response blockswhere Respondents are to provide information. Respondents may attach additional narrative with a reference to the corresponding SOW response block subsection. Respondents should base responses on the information provided in the applicable subsections and response blocks regarding operational and administrative processes and other aspects of the proposed services. Responses to the SOW will be scored and will not be used to determine responsiveness. Respondents should provide responses to all response blocks seeking a response in the SOW. If the Respondent inserts "N/A" or leaves a response block blank, they will receive zero points for that subsection. Replies are to be submitted in accordance with the ITN. See Subsections 3.7, 4, of the ITN for additional instructions on submitting a Reply. The response blocks may contain approximate word counts in brackets, e.g., [Enter the response here — XXX words]. The word counts are provided as guidance to the length of the expected response; the word counts are neither minimum nor maximum limits. By submitting a Reply to this ITN, the Respondent affirms that it has read, understood, and will comply with all of the statements, terms, and conditions contained in this SOW. Do not provide pricing information in any SOW response block. Respondent is to submit pricing information separate from the response to this SOW, in accordance with instructions in the ITN. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.2 Mobile Communication Services Portfolio Mobile Communication Services are described below as well as in the public safety services in Section 4. 1.1.1 Wireless Voice Services (WVS), includes plans and cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices (cellular voice) and to traditional phones on the Public Switched Telephone Network (PSTN). This set of services also provides broadband access for email, internet browsing, texting, and numerous applications. 1.1.2. Wireless Data Services (WDS), includes a similar set of broadband services and devices as WVS but does not provide cellular voice and does not include PSTN voice connectivity. This set of services can provide secure data access into MyFloridaNet (for additional information, see Section 1.4, MyFloridaNet, below). ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 7 of 66 Mobile Communication Services 1195 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Both sets of services include broadband data service plans governing the Customer's monthly allotment for broadband access. 1.1.3 Web portals for both WVS and WDS. Customers utilize the DMS Communications Service and Billing system (CSAB) to review all MCS offerings, which are found on the End User Price List (EUPL). Orders are either placed directly via My Florida MarketPlace (MFMP), CSAB, or direct with the Contractor. For additional information regarding the EUPL, see Section 5, Business Operations. 1.1.4. Accessories include, but are not limited to, antennas, phone cases, tablet cases, headphones and ear buds, chargers, screen protectors, foldable keyboards, belt clips, and hands-free kits. 1.1.5. Equipment includes, but is not limited to, smartphones, basic phones, air cards, hot spots, tablets, and public safety wearables (within the optional subsection on Public Safety Service Plans and Devices). No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.3 MCS Objectives In accordance with the Department's objectives for MCS, the Contractor shall provide: 1. Services and devices that keep pace with rapidly evolving technologies and related service plans. 2. A range of rate plans with a wide variety of up-to-date features. 3. Customer support services, including the Contractor's MCS portal and superior staffing, with the best possible customer service. 4. Clearly articulated adoption of standards and designs in this SOW. 5. Complete and timely reporting on services to the Department and Customers. 6. Service strength with as much 4G/4G LTE or better service coverage as possible. 7. Highly -Available, Highly -Reliable (HA/HR) infrastructures. 8. Support for devices and software systems from different manufacturers. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 8 of 66 Mobile Communication Services 1196 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1.4 MyFloridaNet MyFloridaNet (M FN) is the State's Multiprotocol Label Switching data network. MFN allows State agencies and other authorized users to communicatewith each other. Information about MFN is available at: I�.Lt s://www..dirmns..irnn fllolriida„com/Ibusiilrness o eirahliolrns/tellecoirnimuroiicatiioins/sulrncom2/data seirviic p...............................................................................X.....................................................................................................................p................................................................................................................................................................................................................................................................. No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. 1.5 End User Price Lists and Vendor's Device List This subsection applies to both WVS and WDS. 1.5.1 Creation of Initial EUPL and Vendor's Device List Pricing information in the Contractor's BAFO will be used by the Contractor to create the EUPL and Vendor's Device List after Contract execution. The format of the EUPL and Vendor's Device List must be approved by the Department. The Contractor must have one (1) EUPL and one (1) Vendor's Device List that incorporate all offerings. The Department's current MCS EUPLs are available on the DMS website here: I�ntt ......//w.iwwdinsirn f..oriiidaco/lbusiiress o .......iratiiors/tellecomimuiiicatiioirs/suircoirn2/voiice selrviicp.m ......................................................................................................................................................................................................................................................................................................................................................................................................................................... es/molbille communication services ...................................................................................................................................................................................... 1.5.2 Update Process to EUPL Given the fast pace of technological progress, DMS anticipates that plans and devices will improve and undergo alterations, within the scope of the Contract, over the term of the Contract. Changes in service plans, features, devices, or technology offered by the Contractor in the same, alternative, or equivalent form and within the scope of the Contract are permissible updates. Updates may be prompted by the Contractor, DMS, or Customers. Some updates may be accomplished via the change request process described in Section 5.2, Change Request, of the Contract; however, at DMS's sole discretion, updates may require a Contract amendment. Contractor -Requested Updates. The Contractor may request updates to its EUPL and Vendor's Device List throughout the Contract term. Such requests must be emailed to the DMS Contract Manager for review and approval. DMS has absolute discretion to approve or deny Contractor - requested updates. ITN No.: DMS -19/20-006 Page 9 of 66 Attachment A: Statement of Work Mobile Communication Services 1197 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Contractor shall not offer Customers changes in plans, features, devices, or technology prior to obtaining DMS's written approval. The Contractor shall not offer any updated prices or rate structures until changes have been approved by DMS and DMS has published an updated EUPL. When requested by DMS, the Contractor shall provide documentation on the requested update, including, but not limited to, market research and service and device specifications. DMS may review the information from the Contractor and any other source. DMS will not approve an update request until and unless the criteria below is met to its satisfaction. However, DMS reserves the right to deny an update request even if all of the criteria are met. The Contractor shall: 1. Substantially demonstrate the pricing is competitive to market rates, specifically that it is equal to or less than rates for similar offerings in the State of Texas, State of California, and State of New York; 2. Fully demonstrate the pricing is related to and is in line with currently offered pricing for similar services and equipment within the EUPL and/or the Vendor's Device List; and 3. Fully demonstrate the proposed pricing is in accordance with Contract Section 3.2.2, Preferred Pricing. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 1.6 Evolving Technology This section is applicable to all services and equipment, including devices. The Contractor shall ensure delivery of services and devices that keep pace with rapidly evolving technologies and related service plans. The Vendor's Device List and EUPL must be kept up-to- date, in accordance with the process detailed within SOW Subsection 1.5, End User Price Lists and Vendor's Device List, offering the latest generation of devices and related service plans. The Contractor's IP infrastructure must provide evolving technologies and offer Customers the latest generation of telecommunications infrastructure and devices. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of the following: a. How Respondent will ensure delivery of services and devices that keep pace with rapidly evolving technology and related service plans. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 10 of 66 Mobile Communication Services 1198 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 b. Describe the Respondent's commitment and plan to offer the latest generation of installed infrastructure supporting MCS (the Respondent's IP infrastructure). [Enter response here — 1,500 words] 2. Contractor Staffing This section is applicable to all services. The terms "Contractor staff" and "staff" include all staff employed by the Contractor providing services under the Contract and by its subcontractors providing services under the Contract. The Contractor shall provide sufficient, qualified staff to oversee and carry out the services of this Contract. The Contractor shall designate individuals in its organization to be contacts for DMS and its Customers in accordance with the following subsections. 2.1 Staffing Responsibilities 1. The Contractor staffing responsibilities include conducting all components of the Contract in a timely, efficient, productive, consistent, courteous, and professional manner. 2. The Contractor shall provide a sufficient number of Contractor staff to handle the workload projected for the start of the Contract and shall be scalable and flexible so staffing can be adapted as needed. 3. The Contractor shall devote the staffing time and resources necessary to successfully manage the Contract and provide the ongoing services, including having sufficient staff available for telephonic, email, and on-site consultations. 4. The Contractor shall provide each of its staff members orientation and training on all components of the Contract prior to allowing the staff member to work on any component of the Contract. The Contractor shall provide the DMS Contract Manager with documentation of this training upon request. 5. Key Staff. a. The Contractor shall initially fill all key staff positions and keep the key staff positions filled throughout the term of the Contract. Key staff positions will be filled within thirty (30) days from Contract execution. Attachment C, SLA - Al (a). b. The Contractor will only fill key staff positions with persons that fulfill the minimum job qualifications in accordance with this Section 2, Contractor Staffing. c. DMS reserves the right to review and approve candidates being considered by the Contractor for a key staff position described in this Contract. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 11 of 66 Mobile Communication Services 1199 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 d. DMS reserves the right to require the replacement of any staff who serve in a key staff position or as part of the Customer Support Team, and the Contractor shall remove such staff no later than ninety (90) calendar days' from the date of DMS's notice to the Contractor. e. Waiver. The Contractor may request a waiver of SLA-A1(b) from the DMS Contract Manager if it believes it has good cause to not fill a key staff position within the required timeframe. DMS will review any such requests on a case- by-case basis and respond within a reasonable timeframe. Determination of all waiver requests are at the sole discretion of DMS. SLA-A1(b) will be on hold while the Department is reviewing a request for waiver. f. Vacancy. i. It is understood and agreed that from time to time a vacancy may occur in key staff positions. For purposes of this Contract, a vacancy occurs when: the position is not initially filled; the position is not filled due to a resignation, retirement, termination, or reassignment; or the position is filled with a person who does not possess the minimum qualifications required to perform the job duties. A vacancy does not occur when: an employee is temporarily absent due to vacation, sick leave, or other temporary leave condition, such as training. In the case of a vacancy, the Contractor may arrange for the job duties to be provided by another employee who meets the minimum job qualifications until this position is filled. However, a temporary assignment will not suspend any Contractor Staffing SLAs. Key staff positions will be filled within ninety (90) days of vacancy or within the timeframe established by the Department after a waiver of the ninety (90) day requirement. Attachment C, SLA-A1(b). ii. The Contractor shall notify DMS of all vacancies of key staff positions within fourteen (14) days of the vacancy. Attachment C, SLA-A1(c). 6. Staffing Organization Chart. The Contractor shall develop a Staffing Organizational Chart to be implemented throughout the Contract term. Attachment C, SLA -A2. The chart will include all staff resources assigned to all components of the Contract to be approved by DMS. The final Staffing Organizational Chart must contain names, titles, and number of staff (full-time and part-time) proposed to support the Contract. The Contractor's final Staffing Organizational Chart shall include a justification for the number of staff and the percentage of time each staff person will devote to the Contract. 7. Staffing Deficiencies. The Contractor is required to provide sufficient, competent, and capable staff to provide complete and timely services as required by the Contract. In the event DMS determines the Contractor has a staff deficiency, it will notify the Contractor in writing. A staff deficiency will include, at the Department's discretion, insufficient number of staff, or insufficient level of competency in staff, to provide complete and timely services underthis Contract.A staffing deficiency will also include the retention of staff thirty (30) days past a Department Contract Manager's requirement to remove that staff member. The Contractor must remedy the identified staffing deficiencies by adding or replacing staff as required by the Department. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 12 of 66 Mobile Communication Services 1200 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Provide a detailed description of the following: a. How Respondent will ensure the dedication of its proposed key staff positions, including the proposed percent of time dedicated to DMS; b. How Respondent will be prepared at all times to recruit credentialed, appropriately licensed, and highly qualified staff and the recruitment process for staff that will be assigned to the Contract; c. Respondent's orientation and training for Respondent's staff assigned to the Contract; d. How Respondent will ensure it employs all required positions and that there are sufficient staff to complete all requirements initially and throughout the duration of the Contract. here — 1,500 2.2 Key Staff Position -Account Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Account Manager as the primary contact for DMS, unless DMS determines an exclusive Account Manager is in DMS's best interest at any point during the Contract term, including renewals. This is a required key staff position. The Contractor is required to provide a full-time Account Manager for all services under the Contract. The Account Manager will be the senior manager and primary contactwith responsibility for all day-to-day MCS issues, including, but not limited to, coordination and resolution of all MCS activities. The Account Manager will be a senior staff member able to carry DMS concerns to the Contractor's management personnel. The Account Manager or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year. The Account Manager is required to participate in the various workgroups to accomplish services available under MCS. The Account Manager shall possess the following minimum qualifications: 1. A minimum three (3) years' experience working with government clients in a government account management or sales role. 2. A knowledge of government business practices, including State practices and practices of Customers. 3. At least three (3) years' work experience in the telecommunications industry. ITN No.: DMS -19/20-006 Page 13 of 66 Attachment A: Statement of Work Mobile Communication Services 1201 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. If the Contractor is providing Public Safety Services, the Account Manager must have experience in the Public Safety proposed services. 2.3 Key Staff Position - Project Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Project Manager, unless DMS determines an exclusive Project Manager is in DMS's best interest. This is a required key staff position. The Project Manager shall oversee and take on the responsibility for the success of all projects. This individual will be the point of contact to coordinate all implementation and migration with DMS. This individual will manage and direct the planning of the Contractor's staff and resources. The Project Manager is required to participate in the various workgroups to accomplish services available under MCS. The Project Manager shall possess the following minimum qualifications: 1. The ability to be responsible for every aspect of all projects related to this Contract. 2. The ability to lead and direct teams to deliver projects within the constraints of schedule, budget, and resources. 3. Demonstrated knowledge and experience to appropriately apply a project management methodology to projects. 4. Experience using Microsoft Project and the ability to keep all projects updated frequently and accurately. 5. A current Project Management Professional certification from the Project Management Institute, Scrum Master Certification from Scrum Alliance, CompTIA Project+ certification from CompTIA, a Lean Six Sigma certification, or other equivalent project management certification approved in writing by DMS. 2.4 Key Staff Position - Business Operations Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Business Operations Manager, unless DMS determines an exclusive Business Operations Manager is in DMS's best interest. This is a required key staff position. The Business Operations Manager shall oversee business operations, including billing, ordering, and related business operational procedures. The Business Operations Manager, acting as the DMS advocate, will be a Contractor senior staff member able to carry DMS concerns to the Contractor's management personnel. As the advocate, the individual must have the authority to direct the Contractor's staff to effect business operational procedures and related outcomes. ITN No.: DMS -19/20-006 Page 14 of 66 Attachment A: Statement of Work Mobile Communication Services 1202 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Business Operations Manager is required to participate in the various workgroups to accomplish services available under MCS. The Business Operations Manager shall possess the following minimum qualifications: 1. A minimum of three (3) years' experience working with government clients. 2. Knowledge of government business practices, including State practices and practices of Customers. 3. Strong verbal and written communication skills, including the ability to communicate effectively at all levels of an organization. 2.5 Key Staff Position - Engineering and Design Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Engineering and Design Manager, unless DMS determines an exclusive Engineering and Design Manager is in DMS's best interest. This is a required key staff position. The Engineering and Design Manager shall function as the point of contact for all engineering and design issues. The individual will be responsible for directing all aspects of engineering and design concerns for the services. The individual must have the authority to direct the Contractor's staff. The individual or designated backup(s) must be available twenty-four (24) hours a day, 365 days of the year to manage and oversee restoration of services and to respond to State requests. The Engineering and Design Manager is required to participate in the various workgroups to accomplish services available under MCS. The Engineering and Design Manager shall possess the following minimum qualifications: 1. A minimum of three (3) years' experience leading an engineering team responsible for services similar in size and scope to services available under MCS. 2. A Bachelor of Science degree or higher in an engineering discipline. Equivalent foreign degrees are also acceptable. 3. Five (5) years or more of engineering work experience. 2.6 Key Staff Position - Operations and Security Manager The Contractor shall assign a dedicated, but not necessarily exclusive, Operations and Security Manager, unless the Department determines an exclusive Operations and Security Manager is in DMS's best interest. This is a required key staff position. The Operations and Security Manager shall serve as the engineer capable of communicating with other engineers as needed to resolve day-to-day issues. The individual will communicate with DMS and engineers from other Contractors providing telecommunications to the State and, if applicable, subcontractors. The individual will function as the point of contact for the day-to-day networking, service, and security issues, typically those involving real-time concerns. The ITN No.: DMS -19/20-006 Page 15 of 66 Attachment A: Statement of Work Mobile Communication Services 1203 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 individual must have the authority to direct the Contractor's staff. The Operations and Security Manager, or a designated backup(s), must be available twenty-four (24) hours a day, 365 days of the year as required to manage operational and security concerns and respond to State requests. The Operations and Security Manager is required to participate in the various workgroups to accomplish services available under MCS. The Operations and Security Manager shall possess the following minimum qualifications: 1. A Bachelor of Science degree or higher in a computer science, information technology, engineering, or similar discipline. Equivalent foreign degrees are also acceptable. Equivalent work experience of five (5) years is acceptable. 2. Experience with business continuity and disaster recovery, including experience in development of disaster recovery plans. 3. Experience with information security architecture and security tools. 4. Knowledge of telecommunications industry best practices for service performance and security and applicable laws and regulations as they relate to security. 5. Knowledge of current technologies and processes used to establish and maintain networks with respect to security of MCS. The Operations and Security Manager should possess the following minimum qualifications: 1. It is preferred, but not required, that the Operations and Security Manager be a Certified Information Security Manager, a Certified Information Systems Security Professional, or hold another current industry -recognized security certification. 2.7 Customer Support Team The Contractor shall provide a Customer Support Team forthis Contract. This team is not required to be full-time staff (part-time staff is acceptable) or exclusively dedicated to this Contract. However, the appropriate amount of staff at any given time (for example evening, weekend and holiday staffing may be less than weekday business hours) from the Customer Support team must be available twenty-four (24) hours a day, 365 days of the year. The Customer Support Team shall provide: 1. Timely Customer training in reaction to changes in services and features offered. 2. Timely resolution of service requests. 3. Full staffing for projects to implement new technologies, related services, and equipment features that are supported by the industry. 4. Timely closure for operational changes. 5. All applicable deliverables by the due dates as provided in the SLAs. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 16 of 66 Mobile Communication Services 1204 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Customer Support Team shall include at least one (1) named individual to act as the CSAB Administrator, with responsibilities described in Subsection 5.7, User Access Privileges for the Contractor. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. I Services and Devices for Mobile Communication Services 3.1 Wireless Voice Services This subsection is applicable only to WVS. The Contractor must provide WVS using digital technology as the primary communication mode. WVS will include cellular phones, smart phones, tablets, and other similar devices capable of making voice calls to cellular devices and to traditional phones on the PSTN. WVS will also include broadband access for email, internet browsing, texting, and numerous applications, such as those providing real-time traffic information. International calling must be disabled by default, but Customers will be permitted to place an order to enable international calling. The Contractor shall provide Customers with the option of having texting disabled. The Contractor will coordinate directly with the Customer regarding texting capabilities. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.2 Wireless Data Service This subsection is applicable to only Wireless Data Service. The Contractor must provide WDS. The Contractor will provide non-proprietary wireless broadband data communications. For State agencies, security policy requires the Contractor's broadband data access to terminate on MFN by default. There may be instances where the Department's policy will permit broadband data access to terminate directly on the internet. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 17 of 66 Attachment A: Statement of Work Mobile Communication Services 1205 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.3 Wireless Data Service - IP Addresses This subsection is applicable to only Wireless Data Services. The following are minimum requirements: 1. DMS will provide the Contractor work orders containing IP addresses to be associated with wireless devices. The Contractor must configure MCS devices with IP address as part of the activation and setup for the device. The Contractor must configure both 1) public IP addresses owned by the State and Other Eligible Users and 2) private IP addresses furnished by DMS and Other Eligible Users. Since not all private IP address space is available for use on MFN, a mutually agreed upon private IP address allocation block assignment (or other agreed upon method) will be finalized within the negotiation process. 2. The Contractor is required to provide publicly routable IP addresses as needed to support all Customers. 3. The Contractor will associate a particular wireless device with its closed user group (if any). The Contractor will assign an IP address to each wireless device and update the work order in CSAB with the specific IP address assigned before the Contractor closes the work order. A record of each closed user group and the associated wireless devices (including the electronic identifier and IP addresses) is maintained in CSAB. 4. The IP address assigned to a particular wireless device must be permanently assigned unless and until a work order provides that the Contractor change the address. Static IP addressing is acceptable as long as the address is coded (hard or electronically) within the device permanently. A unique IP address dynamically assigned to the device is acceptable as long as the address remains permanently assigned to that particular device. The dynamic IP address assignment mechanism must permanently assign the same address to the same device from an IP address pool assigned to a particular closed user group. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.4 Wireless Data Service — Access Circuit This subsection is applicable only to Wireless Data Services. Where Customers have non-MFN networks (for example, non -State Agency Other Eligible Users), Contractors may utilize the Contract to provide their End-users with wireless connectivity into that Customer's network. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 18 of 66 Mobile Communication Services 1206 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 This design requires an access circuit between the Contractor's IP networks and an Other Eligible User's (OEU's) network. These access circuits are not offered by DMS as a SUNCOM service. DMS is not involved in ordering, billing, provisioning, payment, network support, or other aspects of these circuits. OEUs utilize their organization's procurement procedures to purchase their access circuit. All aspects of this wireless connectivity access are the responsibility of the OEU's organization and the Contractor, not DMS. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Access Circuit No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 19 of 66 Attachment A: Statement of Work Mobile Communication Services 1207 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.5 Wireless Data Service - Closed User Groups This subsection is applicable to only Wireless Data Services. The Contractor must develop, implement, and maintain a closed user group isolation method for WDS. The design must result in the segregation of all IP traffic into individual closed user groups. DMS may consider a virtual circuit, Virtual Local Area Network, or Virtual Routing and Forwarding (VRF) to be an acceptable closed user group design configuration method. Other Contractor - provided isolation methods are acceptable as long as the isolation method provides equivalent isolation design outcomes, as determined by DMS. The Contractor -created and maintained isolation method is required to be in continuous operation providing separation of wireless data traffic into distinct closed user groups. At all points between the wireless data device and MFN, Customer traffic must be isolated from all other traffic within the Contractor's IP networks. There must be no alternate paths into or out of the isolated environment and no means for other entities or devices to access the isolated environment. The Contractor will place each device in the closed user group as defined by the CSAB work order. Customers will have the ability to have multiple closed user groups configured within the Contractor's IP networks. No IP communications will be permitted between closed user groups within the Contractor's IP networks. ITN No.: DMS -19/20-006 Page 20 of 66 Attachment A: Statement of Work Mobile Communication Services 1208 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 End-user Closed User group group 2 Figure 3 End-user group 2 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.6 Wireless Data Service — Network -to -Network Interface Design This subsection is applicable only to Wireless Data Services. The Contractor must work with DMS and the MFN contractor to establish a network -to -network interface as shown in Figure 4 to route wireless data traffic across the internet to MFN. For redundancy, the interface design must use IPsec tunnels which connect to two (2) geographically separate gateways approved by DMS. In each network -to -network interface location the Contractor must provide equipment and a corresponding design that will function as an IPsec Virtual Private Network (VPN) concentrator. Each interface will be configured with internet connectivity for the concentrators. The interface ITN No.: DMS -19/20-006 Page 21 of 66 Attachment A: Statement of Work Mobile Communication Services 1209 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 design must utilize a primary and secondary interconnection scheme preventing any downtime or performance impact to the connectivity with MFN or downtime for the service. Each interface will function equivalently, including the available internet bandwidth capacity, operational software images, and overall configuration. The interface locations must always automatically failover. End-user roup 2 ""% ` ,. IPsec VPN Interconnection into MvFloridaNet The interface design must support VPN connectivity through the use of IPsec tunnels between the Contractor's IP networks and MFN. The Contractor configures IPsec tunnels to create closed user groups for traffic between the Contractor's IP networks and MFN. The Contractor routes closed user group traffic originating in the Contractor's IP networks to MFN via the internet, in coordination with DMS and the MFN contractor. Using a design selected by the Contractor and approved by DMS, wireless data devices must be provisioned to continuously operate within closed user groups. The interconnectivity design, agreed on by the Contractor and DMS, must provide redundancy with automatic failover between MFN's two (2) VPN interconnection locations. The Contractor's interconnectivity design must be configured for the Contractor to monitor network connectivity between the Contractor's IP networks and MFN. In the event of a connectivity issue between the Contractor's network and MFN, the interconnection design must automatically failover and start ITN No.: DMS -19/20-006 Page 22 of 66 Attachment A: Statement of Work Mobile Communication Services 1210 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 routing traffic within the failover metric. Attachment C, SLA -B1. Successful failover means the interconnection with MFN operates without any loss of performance compared to the interconnection performance prior to failover. Performance is measured by the Contractor's suite of Simple Network Management Protocol (SNMP) tools. After the failure has cleared the Contractor's interconnectivity design will, over time, automatically reestablish the tunnels to the MFN primary concentrator. The Contractor is not responsible for connectivity loss if the MFN VPN concentrators fail simultaneously. DMS will provide the Contractor with the configuration parameters for each closed user group's IPsec tunnel. The Contractor must adhere to the configuration parameters while provisioning the concentrators. The Contractor must configure a unique IPsec tunnel for each closed user group's IP traffic as specified by DMS. The closed user group naming convention (or network identifier) will be mutually agreed upon by DMS and the Contractor. Each closed user group's network identifier must correlate to a unique IPsec tunnel. DMS will provide the Contractorwith the MFN tunnel termination IP addresses, IPsec pre -shared authentication keys, and tunnel configuration parameters for each tunnel. All information regarding IP addresses, IPsec authentication keys, and tunnel configuration parameters must be treated as secure State data. At no time will the Contractor transmit this information in clear text. The Contractor must configure each unique IPsec tunnel to terminate on the primary MFN IPsec concentrator and also configure the tunnel to failover to the MFN secondary IPsec concentrator. DMSwill provide the Contractorwith two (2) unique publicly routable IP addresses for each closed user group's IPsec tunnel (primary and secondary). The Contractor will use one (1) of the two (2) addresses to terminate the tunnel at the MFN primary concentrator location, and the other address will be used to terminate the failover tunnel at the MFN secondary concentrator location. The Contractor must provide and use at least two (2) publicly routable IP addresses for its IPsec interconnection design; one (1) IP address for the primary tunnel termination and one (1) to terminate the secondary tunnel. The Contractorwill ensure that each wireless data devicethat traverses the IPsec interconnection will have a unique IP address permanently configured within the wireless modem or device (smartphone, handheld computer, laptop, etc.). Using the IP address provided by the Contractor, the Contractor must statically or dynamically assign each device within a unique closed user group a permanent IP address. The Contractor must configure each unique closed user group within its IP networks using the applicable IP addresses. At the MFN ingress point, each closed user group must be logically mapped into the appropriate MFN VRF. Adds, moves, or changes within a closed user group's configuration require a work order. The Contractor must upgrade the network -to -network interface when the encrypted throughput, processor utilization, or port speed reach seventy-five percent (75%) of capacity. Internet bandwidth must be upgraded by the Contractor if bandwidth utilization reaches seventy-five percent (75%) of capacity. All network -to -network interface upgrades must improve capacity by ITN No.: DMS -19/20-006 Page 23 of 66 Attachment A: Statement of Work Mobile Communication Services 1211 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 at least twenty percent (20%). Attachment C, SLA -B2. All upgrades are at no cost to the Department or Customers. The Contractorwill give DMS, and the MFN network monitoring tools, read-only SNMP accessto monitor performance of the network, including network -to -network interface components. The Contractor must establish monitoring of SNMP performance metrics, which are measured over each five-minute sample. The primary and secondary VPN concentrators must support the following IPsec parameters: IPsec Parameters IKA (SA) Main Mode Encryption Strength 3DES Authentication Pre -Shared Key Diffie-Hellmans (D -H) Groups 2 or 5 (group -5 preferred) Perfect Forward Secrecy Pfs Data Integrity Hash Algorithm SHA IPsec (SA) Quick Mode Security Association (SA) Lifetime 86,400 seconds (maximum) Authentication Type HMAC-SHA Security Association (SA) Lifetime 28,800 seconds (maximum) Simultaneous Active Tunnels 1,000 (minimum) Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the Respondent's commitment to the appropriate industry standards. 3. Describe the design. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 24 of 66 Mobile Communication Services 1212 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4. Describe the portion of the design used to trigger the automatic failover. 5. Describe the failover and failback processes. 6. Describe how you will maintain the security of your MFN interconnection. [Enter the response here as needed to provide a complete response] 3.7 Wireless Data Service —Traffic Mapping into MyFloridaNet This subsection is applicable to only Wireless Data Services. The Contractor shall coordinate and communicate with the MFN contractor and other MCS Contractors. For traffic to MFN, the Contractor must route wireless data traffic across the Contractor's IP networks utilizing IPsec tunnels (one (1) unique IPsec tunnel per closed user group). DMS retains control related to security policies on access into MFN and its intranet as well as IPsec tunnel configuration parameters. All Customer wireless traffic must be in a closed user group within a unique IPsec tunnel in a manner such that it can be mapped into the appropriate MFN VRF by the MFN contractor. If permitted by the applicable Department security policies, once wireless data traffic is within MFN it accesses the internet via the MFN firewall. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 25 of 66 Mobile Communication Services 1213 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 End-user group 2 Traffic into MyFloridaNet's VRFs and Through MyFloridaNet's Firewall End -uses group 1 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.8 Wireless Data Service — Traffic Directly to the Internet This subsection is applicable to only Wireless Data Services. Customers can have their traffic sent directly to the internet. Routing wireless traffic direct to the internet provides simplicity for connectivity to web -servers and web -based applications. Sending traffic to the internet also permits Customers to use encrypted VPN traffic to access their IP networks via a Public VRF connection. For this connectivity, the Contractor is not responsible for the reliability of trafficwithin the internet. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 26 of 66 Mobile Communication Services 1214 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Remote Ac Perm Ated h MyFlondaN Routing Wireless Traffic Directly to the Internet Figure 6 Web -servers Web -based applications The Contractor is not required to create closed user groups for Customers that have their traffic routed directly to the internet. Under this option, the Contractor is not required to permanently assign the same IP address to a particular wireless device. When MCS traffic is routed directly to the internet, if the MCS Customer is not an MFN Customer, they do not have to complywith DMS security policy restrictions fortrafficto MFN. The Contractor must comply with DMS security policies and those policies of the OEUs. Specifics of the DMS security policy requirements will be detailed in the post -Contract engineering meetings and may vary during the life of the Contract. A synopsis of the MFN security policy. MFN Customers must access the internet via the MFN firewall and avoid using an alternate internet accessthat might create a backdoor into MFN. Under certain restrictions, MFN security policy permits MFN Customers to use remote -access VPN connectivity to gain access to their MFN intranet network. The Contractor is not responsible for the specifics of how Customers configure their VPN connectivity. ITN No.: DMS -19/20-006 Page 27 of 66 Attachment A: Statement of Work Mobile Communication Services 1215 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 No response required. By submitting a Reply, Respondent has read and understands the statements contained in this subsection. 3.9 Wireless Data Service - Test Plan This subsection is applicable to only Wireless Data Services. The Contractor is responsible for on-going testing of the WDS's transport system (the interconnection between MCS and MFN) to ensure proper performance. The Contractor is responsible fortesting each component, including wireless modems (before and after installation, if requested by the Customer), interconnection, interconnection failover, and closed user group configurations. The Contractor must demonstrate successful interconnection failover for each tunnel between the primary and secondary VPN concentrators as part of the Services Infrastructure Checklist signoff and as required by DMS. All test plans and actual testing must be coordinated with and approved by DMS and the Customer. The test plan need only cover WDS elements. Once approved by DMS, the plan must be included in the WDS Operations Guides. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.10 State of Florida Coverage The Contractor shall: 1. Provide the same or better level of coverage as that described in the Contractor's Reply; 2. Maintain up-to-date State coverage maps on its website, accessible to all Customers. 3. Provide service strength with as much4G/4G LTE or better (5G) service coverage as possible. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. 2. Describe the Respondent's State geographic coverage. 3. Demonstrate in detail any future plans for enhancement and expansion of the Contractor's State coverage. 4. Provide a service area State coverage map. The map shall be geographically accurate and drawn to a scale of 1:1,000,000 (1 inch=15.78 miles) or less. The coverage map ITN No.: DMS -19/20-006 Page 28 of 66 Attachment A: Statement of Work Mobile Communication Services 1216 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 shall include, at a minimum, county boundaries, cities, and major highways. Note the decibel (db) level used in maps for the Respondent's acceptable service level. [Enter the response here as needed to provide a complete response] 3.11 Roaming This subsection is applicable to both WVS and WDS. The Contractor must not charge for roaming within the Contractor's nationwide footprint. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.12 Security This subsection is applicable to both WVS and WDS. The Contractor must ensure that all traffic is secured between the Customer's device and the Contractor's antenna/tower (i.e., the air link in Figure 1). Encryption across the air link is not required as long as the traffic transport method provides security equivalent to IPsec 56 -bit strength. No wireless traffic transport is permitted that does not meet this minimum traffic transport security requirement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 29 of 66 Mobile Communication Services 1217 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ................. . Smia rt Phone Voice Capable Security (Figure 1 Cellular Wireless Moderri Pou ter Typical Cell Tower i Ta blet Computer r�. Laptop In addition to the minimum security requirements elsewhere in this SOW, the Contractor must continually enhance its ongoing security features. The Contractor's security features must block unauthorized access into MFN and OEU networks and thwart potential attacks. The Contractor must maintain physical, electronic, and procedural safeguards to protect the security of its internal systems as well as MFN and OEU networks. The Contractor must secure traffic by employing strong user authentication, making certain only authorized devices connect to the Contractor's wireless network, the MFN network, and OEU networks. The authentication process must associate the End-user to a particular device. The Contractor must implement internal and external security procedures to guard its networks and applications against unauthorized access. The Contractor will provide DMS a copy of the Contractor's associated security procedures upon request. ITN No.: DMS -19/20-006 Page 30 of 66 Attachment A: Statement of Work Mobile Communication Services 1218 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Contractor must perform fraud detection, monitoring, and prevention services consistent with industry common best practices on a 24x7x365 basis to reduce Customer vulnerability to fraudulent activities. Fraudulent calls will be the sole responsibility of the Contractor. DMS and its Customers will bear no responsibility for such calls, including, but not limited to, number theft by cloning, multiple calls at the same time, international calls on an unauthorized telephone, and calls to areas of known fraud. The Contractor shall proactively monitor calling volume and patterns. The Contractor shall immediately report unusual calling volumes and patterns to the Department and Customer, such as usage or cost doubling from the previous month. If fraud is detected outside of normal business hours, the Contractor will notify the Department's Product Manager and Customer via email. Should the Department or Customer declare such activity as fraudulent, the Contractor shall immediately deactivate the service. Given the statements in this subsection: 1. Describe in detail how the Respondent's proposal will fulfill the minimum requirements of this subsection. 3.13 Reviews of the Contractor's Service This subsection is applicable to both WVS and WDS. DMS Test Accounts. Upon request from DMS, the Contractor shall provide up to ten (10) WVS accounts and associated devices (with voice and broadband feature functionality) and up to ten (10) WDS accounts and associated devices to allow DMS to test the Contractor's service. All test devices must be premium (highest functionality) devices. All test accounts and devices must be configured to operate only on the Contractor's network throughout the continental United States. The Contractor must provide the test accounts and devices at no charge and with no limitations on DMS's use of the accounts and devices. DMS will administer the test accounts, including activating, deactivating, and supervising. Customer Demonstration Reviews. Prior to making an initial order for service, Customers may request, and the Contractor will provide, wireless demonstration equipment (including airtime) fortesting. All demo accounts and devices must be configured to operate only on the Contractor's network throughout the continental United States. Demo devices must be provided at no charge for thirty (30) Business Days. The Contractor will post on its portal the step-by-step procedures to obtain the demo devices. The Contractor shall coordinate directly with the Customer regarding demo accounts and devices. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. ITN No.: DMS -19/20-006 Page 31 of 66 Attachment A: Statement of Work Mobile Communication Services 1219 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.14 Emergency Services This subsection is applicable to both WVS and WDS. The Contractor shall provide emergency services, a crucial aspect of MCS, as described in this section. 3.14.1 911/E911 The Contractor is required to fully comply with federal and State -mandated emergency service requirements, including 911 and E911 services. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.2 Department of Homeland Security Programs The Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency's (CISA) Emergency Communications Division (the Office) collaborates with the public and private sectors to ensure the national security and emergency preparedness communicationscommunity has access to priority telecommunications and restoration services to communicate under all circumstances. The Office manages the Government Emergency Telecommunications Service (GETS), Wireless Priority Services (WPS), Telecommunications Service Priority (TSP), and Next Generation Network Priority Service (NGN-PS) programs. The Contractor must participate in at a minimum TSP, GETS, WPS, and NGN-PS in support of the State's emergency preparedness efforts. For additional information see https://www.dhs.gov/oec-com m unications-portfolio-m anagem ent. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.14.3 Emergency Support Function 2 Background. DMS provides communications assistance during emergencies and disasters. DMS is the lead agency for communications under direction of the Florida Division of Emergency Management. Section 282.702(7), F.S., directs DMS to cooperate with any federal, state, or local emergency management agency in providing for emergency communications services. DMS is the first point of contact for telecommunications service providers for equipment and services coordination to provide communications support statewide before, during, and after emergencies or disasters. The National Response Framework is part of the United States ITN No.: DMS -19/20-006 Page 32 of 66 Attachment A: Statement of Work Mobile Communication Services 1220 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 National Strategy for Homeland Security, which details fifteen (15) Emergency Support Function Annexes. In Florida, the DMS Emergency Support Function 2 (ESF-2) consists of a dedicated team of telecommunications professionals with expertise in radio systems, voice/data/network communications, and project management. The Contractor is required to participate in ESF-2 activities and respond to the needs of the State. The Contractor shall deliver the specified quantity (up to 100 of each) of activated wireless (WVS and WDS) devices within twenty-four (24) hours of receiving the ESF-2 request. The devices will be delivered at Contract costs, with the only additional cost being reasonable expedited shipping. The Contractor shall use commercially reasonable efforts to deliver devices to any accessible (officially ordered safe to enter) location within the Contractor's service area as directed by ESF- 2. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.15 Contractor's Service Delivery Costs This subsection is applicable to both WVS and WDS. The Contractor will not charge the Department or Customers for service delivery or infrastructure costs. The Contractor can only charge for services and equipment contemplated in the EUPL, Vendor's Device List, and the Contract. There will be no costs to activate a service or device. Customers may cancel service at any time without any costs. The Contractor is financially responsible for its connection to MFN, including, but not limited to, the network -to -network interface, VPN concentrators, circuits, infrastructure components, bandwidth upgrades, equipment, and software. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.16 Highly Available and Highly Reliable Design Characteristics MCS functionality provides support for mission -critical agency Customers. The Contractor shall provide infrastructures, hardware, software, and processes designed to be HA/HR, by, at a minimum: ITN No.: DMS -19/20-006 Page 33 of 66 Attachment A: Statement of Work Mobile Communication Services 1221 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1. Providing designs to eliminate single points of failure, including minimal convergence times. 2. Utilizing redundant (or backup systems) hardware and software providing continuous availability when a critical component fails or is removed from service for maintenance. 3. Utilizing automated interactions between systems or services to detect when a component has failed. 4. Utilizing multiple physical data paths within an infrastructure to eliminate a potential impact on performance when a path fails or is taken out of service. 5. Utilizing equipment with dual power supplies plugged into separate sources of power, which may include the use of a generator for backup power. 6. Maintaining the entire MCS infrastructure at normal operational functionality and not permitting anything to impact performance, regardless of cause. Given the statements in this subsection: 2. Describe in detail the proposed offering for this subsection, addressing the design objectives listed above. 3. Describe how the Respondent will provide validation of their HA/HR design to DMS allowing DMS to perform Contract oversight. [Enter the response here - 500 words] 3.17 Reports, Updates, and Notifications Requirements This subsection is applicable to both WVS and WDS. DMS requires the following reports and data, at a minimum, to accomplish Contract oversight: 1. The Contractor shall provide reports, updates, and notifications in accordance with the following section and subsections of this SOW: a. Monthly SLA Compliance Report, SLA -133 (Subsection 3.18.5) b. Monthly Escalation Activity Report, SLA -134 (Subsection 3.19.1) c. Quarterly Zero Usage Report, SLA -135 (Subsection 3.19.2) d. Escalation Procedure and Escalation Procedure Updates, SLA -136 (Subsection 3.19.3) e. Maintenance Notifications, SLA B7, B8, B9 (Subsection 3.19.4) f. Weekly Transition Status Reports during Transition (Subsection 3.24) g. Project Management Tracking Log, SLA -D9 (Subsection 3.26.2.2) h. Project Status Report, SLA -D10 (Subsection 3.26.2.3) i. Incumbent Contractor Weekly Migration Report, SLA -D14 (Subsection 3.26.5) j. Non -incumbent Contractor Weekly Migration Report, SLA -D15 (Subsection 3.26.5) ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 34 of 66 Mobile Communication Services 1222 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 k. Monthly Public Safety Service Plans and Devices Report, SLA -E1 (Section 4) I. Direct -Billed Accounts Monthly Report, SLA -G2 (Subsection 6.4) m. Direct -Billed Accounts Quarterly Report, SLA -G3 (Subsection 6.5) 2. The Contractor shall provide any of the items below upon request from the Department: a. Identification and validation of products/services and rates; b. Compilation of statistics on products/services from a high level to a detailed level; c. Inventory of devices; d. Services and devices trend information; e. Identification and validation of Contractor's Customer billing (to include all charges, service taxes, surcharges, refunds, and adjustments); and f. Ad hoc reports, which will be at no cost and include a report delivery timeframe within two (2) Business Days of receipt of request. Given the statements in this subsection: Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. [Enter the response here — 250 words] 3.18 Service Level Agreement Operational Process This subsection and all sub -subsections are applicable to both WVS and WDS. 3.18.1 General SLA Requirements 1. The Contractor will pay SLAs by giving the Department a credit in the amount owed. If the last billing cycle of the service, the Contractor will refund the amount due in the form of a check. 2. SLA credits restart each month based on the review process and monthly billing cycle. 3. Unless there is an explicit reference to "business days," all SLA credits are applicable based on calendar days. A calendar day starts at 12:00 AM and ends at 11:59 PM, Eastern Time. 4. All SLA credits are payable to DMS. 5. The billing reconciliation for SLA violations takes place once final determination of SLA credits has been completed. 3.18.2 Reporting and Review 1. Each month, the Contractor, its subcontractors, and DMS participate in a review and scrubbing of all data related to SLAs. Based on this review, credits are developed. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 35 of 66 Mobile Communication Services 1223 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2. DMS is not required to explicitly request or otherwise initiate the SLA review and validation process in order to receive SLA credits. 3.18.3 SLA Holds 1. If time is a factor in the calculation of the SLA, the SLA clock may be suspended, in the Department's discretion, if the Contractor has documented in its ticketing system at least one (1) of the reasons listed below: a. The Customer provided incorrect information in its order, including an incorrect address. b. The Customer did not attend a confirmed scheduled appointment. c. The Customer was unresponsive to calls or em ails. d. A site readiness requirement was not fulfilled by the Customer. 2. The SLA clock may also be suspended as identified in Attachment C — Service Level Agreements. 3. The Contractor shall troubleshoot to the fullest extent feasible, whether or not the SLA clock is suspended. 3.18.4 Contractor SLA Accountability 1. SLAs apply regardless of whether the violation was a result of human error, poor engineering design, tardy dispatch, dispatch without required repair or diagnostic tools, exceeding the scope of an approved maintenance change request that causes performance degradation (deterioration in quality, level, or standard of performance of a system, service, feature, or functionality), or any other reason. 2. With the exception of the Contractor's failure to provide the requisite notice (see Section 3.19.4), SLAs will not apply during scheduled upgrade or maintenance windows (including emergency scheduled maintenance). SLAs will apply for all other service element impacts during and after the scheduled maintenance window. 3. DMS will make the final determination on the Contractor's compliance with SLAs. 3.18.5 Compliance Report 1. The Contractor shall deliver a timely and comprehensive SLA Compliance Report on a monthly basis. The Contractor shall provide backup detail (justification) to DMS upon request. Final acceptance of this report is at the sole discretion of the DMS Contract Manager. The report will be provided to the DMS Contract Manager. Attachment C, SLA - B3. The SLA Compliance Report must: i. allow DMS to assess performance against measurable service levels; ii. include all SLAs in Attachment C —Service Level Agreements; iii. state "N/A" for SLAs for which no services have been delivered during the Implementation Phase; ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 36 of 66 Mobile Communication Services 1224 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 iv. not be locked or password protected; v. include adequate documentation, as determined by the Department, to demonstrate the Contractor's reported monitoring; and vi. be approved by DMS with regard to format, content, and level of detail. 2. If the SLA Compliance Report fails to accurately reflect an SLA violation, additional information may be utilized by the Department in determining SLA compliance in the Department's sole discretion. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.19 Customer Support This subsection is applicable to both WVS and WDS. The Contractor shall provide the following to the Department's designated recipient(s): 1. Monthly Escalation Activity Reports. This report must be provided on a monthly basis and detail the number of calls and emails related to requests for escalation assistance for technical and administrative support. The format must allow DMS to understand the relative importance of the issues within the escalation queue. Relative importance could be determined by the number of devices impacted or the length of time the Customer has been attempting to obtain a resolution to the issue. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -134. 2. Quarterly Zero Usage Reports. This report must include a high-level summary of End- user devices that show no usage (i.e., zero minutes, zero texts, and zero data) for three (3) consecutive months. The format, content, and level of detail must be approved by DMS. The report will be provided to the DMS Project Manager. Attachment C, SLA -B5. 3. Escalation Procedure and Escalation Procedure Updates. This procedure must be developed and employed for unresolved network issues, Customer issues, or concerns that are not addressed in a timely manner. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved issues or issues that have been outstanding for more than ten (10) business days. Escalation procedures are to be updated by the Contractor when either DMS or the Contractor identify the need for an update. Attachment C, SLA -B6. 4. Notifications. Notifications must be for provided for planned, emergency, and unplanned maintenance. The Contractor shall send an electronic notification which informs DMS of 1) a planned maintenance which may potentially cause a service outage; 2) emergency maintenance when it may cause a service outage and when there is an outage impacting a generalized area; and 3) unplanned maintenance for significant unplanned ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 37 of 66 Mobile Communication Services 1225 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 maintenance and when there is a significant performance impact over a generalized area. The notification must include an impact statement, date, time, and estimated duration of the maintenance. Attachment C, SLA -B7, B8, and B9. 5. Customer Support Team. The Customer Support Team shall address situations on a daily basis that have not been addressed within the customer support processes. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the process which will allow DMS to support its Customers and End-users with timely notifications. 3. Describe the corporate commitment to providing DMS the information it requires for notifications on significant performance impacts to WVS and WDS. 4. Describe the corporate commitmentto providing DMSthe necessary Customer Support Team staffing (resources) for escalations to address situations not readily addressed within the operational processes. 5. Describe the use of an escalation procedure related to situations which have not been addressed within the normal customer support processes. [Enter the response here as needed to provide a complete response] 3.20 Contractor's MCS Portal This subsection is applicable to both WVS and WDS. The Contractor shall provide an easy-to-use MCS portal that allows Customers to manage their End-user WVS and WDS devices, device management, and associated services. At a minimum, the portal must allow Customers' designated administrators to view the specifics of and add, change, and cancel devices and services. As changes are made, corresponding billing changes must take place automatically. The Contractor is responsible for the general content and management of and for hosting the portal. All MCS -specific content must be approved in writing by the DMS Product Manager before publication. The Contractor's MCS portal must include, at a minimum: 1. service definitions; 2. available features and options; 3. training materials; 4. product support information; 5. ordering procedures; ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 38 of 66 Mobile Communication Services 1226 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 6. user guides; 7. whitepapers; 8. equipment definitions and specifications; 9. maintenance information; 10. product configuration options; 11. diagrams; and 12. other information approved in writing by the DMS Product Manager. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. nter the response here - As needed to provide a com 3.21 Devices This subsection is applicable to both WVS and WDS. The Contractor must provide all applicable software and firmware for each device offered under the Contract and corresponding support. The Contractor must provide a link to the manufacturer's website where Customers can download current software updates/releases and software version release notes. The Contractor must work with the Customer and make a device recommendation based on a case-by-case analysis of the intended use of the device. All devices offered under MCS must be certified by the Contractor to operate with the performance parameters claimed by the manufacturer. The Contractor will remove any device that does not meet the manufacturer's and the Contractor's performance claims from the Vendor's Device List. 1. Excluding activations involving number portability, the Contractor shall ship in -stock devices (including replacement devices) activated, registered, and ready -for -use. 2. If the Contractor is unable to ship in -stock devices, or if a device is out -of -stock, the Contractor must notify the Customer. 3. Account changes made in the MCS portal should be automatic, and account changes made by phone or email should be within one (1) Business Day, with the exception of devices that are out of stock or otherwise unavailable, and excludes account changes involving number portability. 4. Shipping and handling fees are the responsibility of the Contractor, except for emergency and/or expedited orders. During the ordering process, Customers have the ability to approve related expedite fees prior to shipment. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the Customer. 5. The Contractor shall provide credit and/or replacement for freight -damaged or defective items and replace the items within two (2) Business Days after notification by the ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 39 of 66 Mobile Communication Services 1227 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Customer. The Contractor shall provide expedited 24-hour delivery as requested by the Customer for new, replacement, and upgrade devices. 6. The Contractor may invoice the Customer an expedite charge. 7. The Contractor will be responsible for the credit and/or replacement of any freight - damaged or defective products at time of delivery. The Contractor shall not require the Customer to deal directly with the manufacturer. Within five (5) Business Days of a Customer's request, the Contractor shall provide the Customer with a prepaid return label or prepaid self-addressed container suitable for the item's return. 8. The Contractor must accept returns of items shipped in error and credit the Customer for the full amount. Within five (5) Business Days of the Customer's request, the Contractor shall provide the Customer with a prepaid return label or prepaid self-addressed container suitable for returning the item. Delivery of correct items will be at no cost to the Customer. 9. The Contractor shall not impose any restocking fee under any circumstance. 10. Device provisioning errors must be corrected by the Contractor. 11. The Contractor shall not provide salvaged, distressed, outdated, or discontinued merchandise. 12. The Contractor shall obtain and pass through to the Customer any and all warranties obtained or available from the manufacturer/licensor of the cellular product. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing all minimum requirements listed above. nter the response here — 250 words 3.22 Cooperation with Other Contractors This subsection is applicable to both WVS and WDS. The Contractor must fully cooperate with DMS, Customers, and other contractors providing telecommunications services to the State. The Contractor must not commit or permit any act which will interfere with the performance of work by any other Contractor or Customers. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. 2. Describe the corporate commitment to interact and work collaboratively with other Contractors and subcontractors, creating a team of SUNCOM service providers. [Enter the response here - 100 words] ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 40 of 66 Mobile Communication Services 1228 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.23 Customer Migration This subsection is applicable to both WVS and WDS. This subsection addresses the migration to services under this Contract. Attachment C, SLA - B10. The Contractor shall: 1. Provide all reporting activities listed in SOW subsection 3.27.5(1)(b) and SOW subsection 3.27.5(1)(c). 2. Assist as necessary to migrate existing Customers to this Contract. 3. Not charge any non-recurring charges as part of the migration. 4. Not charge for service activations and SIM cards. 5. Provide end-users with the option to maintain their existing cellular device(s) and/or phone number(s) at no charge. 6. Coordinate and communicate with DMS and Customers throughout all aspects of the migration. 7. Complete the migration in one -hundred and twenty (120) calendar days. a. For incumbent Contractors, this commenceswith DMS acceptance of the Services Infrastructure Checklist and ends when all Customers are identified as either migrated or no longer receiving services from the Contractor. b. For non -incumbent Contractors, this commences with DMS acceptance of the Services Infrastructure Checklist and ends when all Customers identified as purchasing services from the non -incumbent Contractor are migrated. c. Migration does not include new Customers or Customers changing their services after migration. Given the statements in this subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. [Enter the response here — 1,000 words] 3.24 Transition for Future Iterations of this Service This subsection is applicable to both WVS and WDS. This subsection defines requirements associated with the end of the Contract to transition to the replacement contract for future iterations of these services or similar services. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 41 of 66 Mobile Communication Services 1229 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Contractor shall provide transition duties until all Customer services have been transitioned, migrated, or discontinued and the Contractor has billed Customers their final invoices and resolved all disputed charges. The Contractor shall develop and implement a transition plan and perform all tasks identified in the plan in a timely manner to mitigate service disruptions (see subsection 3.23). The Contractor shall participate in meetings with the State, Customers, and other service provider(s) as reasonably required by the State in planning for the transition. There shall be no additional cost to DMS or Customers for transition activities. The Contractor shall timely and consistently coordinate and communicate with DMS and Customers, and other service providers, throughout all phases of the transition to ensure an orderly and efficient transition of services to any replacement contract. The Contractor will be required to perform end -of -service transition activities, which may take place at any time during the Contract term, and end -of -Contract transition services prior to the expiration or termination of the Contract. The full transition of existing services to replacement services and contracts is hereby explicitly made a criterion for completing the Contract Transition Plan. Upon request by DMS, the Contractor will be required to submit a transition plan for services within sixty (60) days with sufficient detail for DMS's review and approval. DMS reserves the right to request modifications. The plan must include and describe in detail: 1. How the transition will be accomplished in the least disruptive way. 2. The Contractor's commitment to continue to provide services and Contract resources under the existing terms and conditions of the Contract during the transition, including any restrictions and/or limitations. 3. The Customer impact and the Contractor's commitmentto minimizing any impact (e.g., business needs, complexity of service, services impacted by special programs, etc.). 4. Identification of tasks dependent upon the State's data or resources. 5. Identification of all Customers by service type and unique product identifier. 6. Plan for transparent transition of services to support the continued billing, collection, and remittance of cost recovery rate for services. 7. Use of industry -accepted project management methodology throughout the transition process. Overlapping services may be required when transitioning from one large infrastructure to another, and transition maytake multiple yearsto complete. DMSwill not be obligated to maintain Contract services for any set number of users or locations during the transition. The Contractor is required to work with DMS, Customers, and any other DMS contractor as expeditiously as possible in order to transition. ITN No.: DMS -19/20-006 Page 42 of 66 Attachment A: Statement of Work Mobile Communication Services 1230 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Contractor agrees to: 1. Cooperate with all entities to ensure an orderly and efficient transition of services. These efforts include taking all necessary steps, measures, and controls to ensure minimal disruption of services during the transition. 2. Maintain staffing levels that are sufficient to handle a smooth, complete, and expedient transition. 3. Transfer all applicable knowledge, including, but not limited to, the devices, software, and third -party Contract services. 4. Provide all data related to the delivery of services, requested by DMS, that is not a tangible or intangible licensed product that existed before Contract work began. The Contractor shall bear the burden of proving existence before Contract work began, including, but not limited to, databases and other repositories of information (for example, operational, user, and administrative information). 5. Upon request, promptly deliver to DMS, whether or not previously made available, all up- to-date guides, manuals, and training materials including operational, user, administrative, and any other guides and procedures the Contractor follows. All documentation created forthe purpose of supporting, operating, maintaining, upgrading, and enhancing services, including, but not limited to, design documents and device configurations for services, shall be promptly delivered to DMS upon request, whether or not previously made available. 6. Assist DMS and any other DMS contractor with the planning and installation of any services to facilitate business continuity. 7. Respond promptly and completely to all questions related to the transition. 8. Provide all services and functions necessary for a complete, smooth, and expedient transition. 9. Assist the Department with the installation of network -to -network connections to facilitate continuity for MCS sites. Network -to -network connections will be paid for by the Department. At the time DMS initiates the transition plan, the Contractor shall provide the DMS Contract Manager weekly Transition Status Report. The report shall include all impacted Customers. The format, content, and level of detail must be approved by DMS. After each End-user service transition is completed and the transition status and the billing account status both achieve 100% completion on the Transition Status Report for two (2) consecutive weeks, the Contractor may delete the service line item from the next weekly Transition Status Report. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.25 Contractor Meetings with DMS This subsection is applicable to both WVS and WDS. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 43 of 66 Mobile Communication Services 1231 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 This subsection includes requirements applicable to subsections 3.26.1 through to and including 3.26.4. The Contractor is required to attend all meetings referenced in this section plus ad hoc meetings as DMS deems necessary. Meetings will be held either at the DMS offices in Tallahassee, Florida or virtually. DMS may, at its sole discretion, require the Account Manager and other Contractor's staff attend the meeting in person or allow remote attendance via a mutually agreed-upon conferencing service. For virtual meetings the Contractor will be responsible for providing the video conference call bridge. For all meetings referenced herein, the Contractor is responsible for the business and administrative tasks associated with the meetings, including, but not limited to, creation of a meeting agenda developed in conjunction with DMS, preparing of any materials, meeting minutes, and other meeting planning efforts. SLA violations include, but are not limited to, inadequate participation of required staff and inadequate preparation. Meeting preparation must include background materials and reports. 3.25.1 Weekly Conference Call The Contractor shall initially participate in a weekly conference call with DMS to discuss and provide status updates on all open or unresolved issues in the escalation queue. It is the responsibility of the Contractor to coordinate and initiate the call at a time acceptable to the Department's staff. The call frequency is expected to be modified by DMS to monthly or quarterly during the initial Contract term, which is in DMS'sole discretion and dependent on implementation and migration. 3.25.2 Monthly Operational Meetings The Contractor is required to hold monthly meetings with DMS to review and audit, at a minimum, customer support, escalations, security, and SLA reporting services. These meetings may include, but are not limited to, discussions of the network and all of its services, review of operational concerns, technical updates/changes, SLA Compliance Report, Escalation Activity Report, Direct -Billed Monthly Report, Direct -Billed Quarterly Report, security, policy, design, and administrative topics. While there will be discussions of current and future services, these meetings are not sales meetings. Agendas for these meetings will include operational and administrative items, including, but not limited to, review of operational concerns, reviewing and auditing phone tree accuracy, updates to the staff notification process, and any proposed operational changes. 3.25.3 Project Management Monthly Review Meetings The Contractor is required to hold monthly meetings with DMS for project management during the Project Implementation Phase. Attachment SLA -C1. The Project Implementation Phase ITN No.: DMS -19/20-006 Page 44 of 66 Attachment A: Statement of Work Mobile Communication Services 1232 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 starts with DMS acceptance of a completed Services Infrastructure Checklist. The Contractorwill set the agendas for these meetings, which will include, at a minimum, details of the previous period's achievements, the progress on upcoming and existing activities, changes, identified risks and recommendations to mitigate risk, forecasts, project progress, a list of discussion points, and action items with the associated responsible party and due date. 3.25.4 Project Implementation Phase — Project Kickoff Meeting The Project Kickoff Meeting will take place during the Project Implementation Phase within thirty (30) days of Contract execution. Attachment SLA -C2. The agenda for this meeting will include, at a minimum, introductions, review of staffing roles, and review of project scope. The Contractor's Key Required Staff are required to attend the Project Kickoff Meeting. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 3.26 Project Management This subsection is applicable to both WVS and WDS. The Contractor must provide project management services in accordance with the DMS regulations set forth in Chapter 74-1, F.A.C., for Project Management. All Project Management documents must be submitted as either a Microsoft Word 2016 (or higher) document or Adobe pdf. The Project Management Implementation Schedule shall be submitted as a Microsoft Project document. All project management documents will be submitted to the DMS Contract Manager. The following subsections contain the minimum requirements for MCS Project Management: 3.26.1 Project Management - Project Charter and Project Management Plan 1. The Contractor shall create a Project Charter (see Attachment C, SLA -131). The Project Charter must formally authorize the existence of a project and provide DMS and the Contractor's Project Manager with the authority to apply organizational resources to project activities. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 2. The Contractor shall create a Project Management Plan (see Attachment C, SLA -D2). The Project Management Plan must describe how the project is monitored, controlled, and executed. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 45 of 66 Mobile Communication Services 1233 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The plans listed below are additional components of the Project Management Plan. However, the plans listed below are deliverables separate from the Project Management Plan and subject to final acceptance by DMS. 3. Readiness Plan. (See Attachment C, SLA -D3.) The Contractor must deliver a detailed organizational Readiness Plan and associated plans that outline a readiness methodology, approach, activities, dependencies, and assumptions for key stakeholders to successfully support project activities. 4. Communications Management Plan. (See Attachment C, SLA -D4.) The Contractor must develop a Communications Management Plan that defines all communication touch points between the Project and all impacted stakeholders. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 5. Risk Management Plan. (See Attachment C, SLA -D5.) The Contractor must submit an acceptable Risk Management Plan that defines all potential areas of Customer and Department risk and the related risk strategy. 6. Requirements Management Plan. (See Attachment C, SLA -D6.) The Contractor must submit an acceptable Requirements Management Plan. The Contractor is responsible for managing all business requirements, including confirmation, design, development, testing, and validating that they are ultimately met during implementation. The Contractor's Project Manager will work with DMS to develop and administer a plan to effectively manage requirements throughout the Project. 7. Disaster Recovery Plan. (See Attachment C, SLA -D7.) The Contractor must deliver a detailed Disaster Recovery Plan and associated plans that outline a disaster recovery methodology, backup procedures, recovery plan, restoration plan, rebuilding process, testing of the disaster recovery plan and record of plan changes. The plan will include the following, at minimum: 1. Plan Objectives. 2. Assumptions. 3. Definition of Disaster. 4. Recovery Teams. 5. Team Responsibilities. 6. Internal and External Communications. 7. Federal, State, Local Roles and Responsibilities. 8. Services Restoration. 9. Support Timeline. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 46 of 66 Mobile Communication Services 1234 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.26.2 Project Management - Implementation Phase The Project Implementation Phase starts after DMS acceptance of the Project Charter and ends with DMS acceptance of a completed Services Infrastructure Checklist. Each of the items described in this section is a deliverable that must be submitted to, and accepted by, the DMS Project Manager. 1. Prosect Management Implementation Phase Schedule. The Contractor shall create a Project Management Implementation Phase Schedule. Attachment C, SLA -D8. The document must be baselined, be resource loaded with predecessors, successors, durations, costs, and calculated earned value metrics Cost Performance Index (CPI) and Schedule Performance Index (SPI), and updated every two (2) weeks as needed until the completion of the Project Implementation Phase. This must be accompanied with a narrative which includes the current status of the project, actions that have taken place in the last two (2) weeks, any new risks and their associated risk mitigation plans, any new issues, identification of any tasks more than ten percent (10%) behind schedule, and a plan to complete the task(s). The Contractor shall create and maintain a Microsoft Project 2016 (or higher) schedule to incorporate all project activities to the agreed-upon work breakdown structure level. The schedule must include, at a minimum, task durations, start and finish dates (baseline and actual), predecessors and successors, resources, deliverables, and milestones, and must calculate CPI and SPI earned value metrics. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 2. Prosect Management Tracking Logs (Risks, Issues, Action Items, Decisions, and Operational Changes requested). The Contractor shall create Project Management Tracking Logs (tracking logs.) Attachment C, SLA -109. These are updated as necessary, as determined by the Contractor and DMS. The Contractor must identify, assess, document, and recommend mitigation strategies by updating and submitting to DMS the tracking logs at a minimum of bi-weekly to reduce project risks and issues. The deliverable must meet the Project Risk and Complexity Category 4 requirements of Chapter 74-1, F.A.C. 3. Project Status Report. The Contractor shall create Project Status Reports. Attachment C, SLA -1010. The Contractor must provide bi-weekly Project Status Reports, which are due via email to the DMS Contract Manager each Thursday by 5:00 PM Eastern Time, and must include: a. A narrative description of significant project activities that have been conducted or are underway. b. The progress -to -date on project activities. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 47 of 66 Mobile Communication Services 1235 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 c. An explanation of any tasks/activities that are behind -schedule and a plan to bring them current. d. Notification of issues or risks that have been encountered and their resolution or plan forfuture resolution. e. Upcoming deadlines. 3.26.3 Project Management - Guides The Contractor shall create the following guides. These guides are deliverables subject to final acceptance by DMS. The Contractor shall update the guides when necessary as determined by either DMS or the Contractor. Attachment C, SLA -D11. 1. WDS and WVS Operations Guides. The Contractor shall create and maintain WDS and WVS Operations Guides describing the operational relationship between the Contractor and DMS. The guides must establish procedures to be followed by the Contractor while delivering services. This includes engineering, operational, and business processes for service delivery. At a minimum, the guides must include ordering, troubleshooting, trouble reporting, service provisioning, SLA monitoring, and invoicing processes. 2. WDS and WVS User Guides. The Contractor shall provide WDS and WVS User Guides that provide a set of instructions for the End-user. The User Guides must also contain device specifications, such as a recommendation of number of simultaneous users that each device can support. 3.26.4 Project Management - Closure The Contractor shall create project closure documentation. (See Attachment C, SLA - D12.) The project closure documentation must include a lessons learned document, final schedule, and retrospective of the project. 3.26.5 Project Management - Implementation Plan and Customer Specific Migration Plans 1. Implementation Plan. The Contractor must submit a detailed Project Implementation Plan to the Contract Manager. (See Attachment C, SLA -1313.) The Implementation Plan must address all activities in the Project Implementation Phase, which starts after the acceptance of the Project Charter and ends with DMS acceptance of a completed Services Infrastructure Checklist. a. The Implementation Plan must outline an implementation, approach, activities, dependencies, and assumptions for key stakeholders to support a successful project implementation. The Implementation Plan shall include, at a minimum: i. Schedule of activities, including all Services Infrastructure Checklist Activities. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 48 of 66 Mobile Communication Services 1236 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ii. Resource allocation. iii. Implementation and migration preparation planning and impact analysis. iv. Network support. v. Operations Centers (operational and security). vi. Day-to-day operational support services. vii. Training — cross reference training section. b. The Contractor shall provide weekly reporting regarding migration. Attachment C, SLA -D14. The reporting, which shall exclude any information regarded as Customer Proprietary Network Information (CPNI), should detail the number of current End-users per agency/entity, the progress of migration, and note any End- users that have notified the Contractor they will no longer be using its service. This report shall include details on the Contractor's communication with Customers regarding notification of this Contract and required Customer actions. This report is due to the DMS Contract Manager on a weekly basis, commencing with the completion and DMS acceptance of the Services Infrastructure Checklist and ending when all End-users are identified as either migrated or no longer receiving services from the Contractor. The format, content, and level of detail must be approved by DMS. c. Non -Incumbent Contractors shall provide weekly reporting regarding migration. Attachment C, SLA -D15. The reporting, which shall exclude any information regarded as CPNI, should detail the numberof End-users identified as purchasing services from the Non -Incumbent Contractor per agency/entity, and the progress of migration. The reporting shall include details on Contractor's communication with Customers regarding notification of this Contract. This report is due to the DMS Contract Manager on a weekly basis, commencing with the completion and DMS acceptance of the Infrastructure Checklist and ending when all End-users identified as purchasing services from the Non -Incumbent Contractor are migrated. The format, content, and level of detail must be approved by DMS. 2. Individual Customer -Specific Migration Plans. The Contractor must submit these plans in accordance with the requirements in this section to DMS and the Customer. Attachment C, SLA -D16. The Contractor will be responsible for creating Individual Customer -Specific Migration Plans as each existing and new Customer migrates to MCS, which shall exclude any information regarded as CPNI. Additionally, a migration plan may be required if a Customer undertakes a significant or complex change in how it operates under MCS. These plans will vary based on the proposed service and the complexity of the service migration, but must include, at a minimum: i. Schedule of activities, which is consistent with the Project Implementation Phase schedule. ii. Resource allocation. iii. Migration and preparation planning. 1. Impact analysis. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 49 of 66 Mobile Communication Services 1237 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2. Stakeholder communications plan. iv. Migration management. v. Training — cross reference training section. Given the statements in subsection: 1. Describe in detail the proposed offering for this subsection, addressing the minimum requirements listed above. nter the response here - 500 words 3.27 Project Management - Services Infrastructure Checklist This subsection is applicable to all Contractors. The Contractor must complete the Services Infrastructure Checklist provided below in accordance with this subsection and submit the checklist to the DMS Contract Manager and DMS Product Manager. Attachment C, SLA -D17. The Contractor will be required to complete a series of readiness activities before DMS accepts services, systems, and processes as ready for production. The Project Implementation Phase will close only when all items on the Services Infrastructure Checklist are complete and accepted by DMS in writing. Upon request, the Contractor will be required to provide DMS any documentation necessary to demonstrate Contractor's compliance with the Services Infrastructure Checklist prior to DMS written approval of the Final Services Infrastructure Checklist. The Contractor shall not deliver any services to Customers until the Project Implementation Phase is closed. The Contractor may engage with Customers for planning purposes before the close of the Project Implementation Phase. All requirements on the Services Infrastructure Checklist must be fulfilled in accordance with the Contract including, but not limited to, the SOW. Additional requirements may be added to the Services Infrastructure Checklist at the discretion of DMS. DMS must approve in writing all items listed in the Services Infrastructure Checklist before the Contractor is permitted to charge for any service or device to Customers. The timeline for the Contractor's completion of the Services Infrastructure Checklist will be approved in writing by the DMS Project Manager during development of the project Implementation Plan. Any changes to the Services Infrastructure Checklist, including requirements and timeline, must be approved in writing by the DMS Project Manager, in DMS' sole discretion. ITN No.: DMS -19/20-006 Page 50 of 66 Attachment A: Statement of Work Mobile Communication Services 1238 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ITN No.: DMS -19/20-006 Page 51 of 66 Attachment A: Statement of Work Mobile Communication Services 1239 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ITN No.: DMS -19/20-006 Page 52 of 66 Attachment A: Statement of Work Mobile Communication Services 1240 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SOW Section 6 6 The Contractor has demonstrated the MFMP Punchout catalogs are ready, and the Contractor is ready to accept orders through MFMP. No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 4. Public Safety Service Plans and Devices The requirements of this Section 4 are only applicable if the Contractor is providing public safety services, as identified in the Contractor's BAFO. If applicable, must adhere to all minimum requirements of this SOW, including those of this subsection. 4.1 Deployable Technologies The Contractor must have mobile communication units that are deployable technologies. Generally, the Contractor will deploy these mobile communication units during emergency situations to the affected area. The Contractor will install these units during emergencies and may use existing satellite, microwave, or radio systems for backhaul. The Contractor must have a robust regionalized deployable strategy, ensuring that deployable network equipment is available and fully operational, with the required backhaul and/or networking capabilities, throughout the State. The Contractor must coordinate and cooperate with DMS, and any federal, State, or local emergency management agency in providing for emergency communications services, including the Department of Emergency Management, and all other entities that are part of the ESF-2 function. These deployable technologies are generally characterized as the following: 1. Cell on Wheels: a cellular base station on a trailer with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 2. Cell on Light Truck: A cellular base station on a light truck platform with an expandable antenna mast and usually a microwave or satellite link back to the main controller. 3. System on Wheels: a full base station and controller on a trailer/truck/big rig/etc. This is a fully self-contained cellular system that can provide an island system with no need for satellite/microwave link back; applicability of this type of deployable technology may be limited if there is no internet connectivity. 4. Unmanned Aerial Systems (UAS) and Robotics: Deployable UAS (e.g., drones) in the Class G uncontrolled airspace (400' above ground level), fixed, multi -rotor, and tethered UAS, some of which are capable of providing hot spot and wide -area ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 53 of 66 Mobile Communication Services 1241 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 coverage. Similar waterborne vehicles include remotely operated vehicle and unmanned underwater vehicle. 5. Other systems: Includes, but is not limited to, vehicular network systems and man - packs. 4.2 Local Control The Contractor must provide priority and preemption to public safety entities during times of emergency. The priority and preemption will be determined and invoked by the public safety entities through a local control portal. The local control portal shall allow the Customer to enact and deactivate priority and preemption, which shall be controlled by authorized Customers. The Contractor's public safety service plans and devices must not be throttled during an emergency. 4.3 Local control portal In addition to the requirements of subsection 3.20 Contractor's MCS Portal, the Contractor shall provide a public safety portal (dashboard). The information held in this dashboard shall include, but is not limited to, the status of the Statewide network and alerts on outages. All features and functionality shall be available to DMS in real-time at all times. The number of DMS dashboard users shall be determined by DMS, and each user shall have a unique log -in and password. 4.4 Public Safety Standards Public safety service plans and devices shall be in compliance with 3rd Generation Partnership Project Technical Specification 33.180. The Contractor's public safety service plans and devices must perform to the most recent version of the standards described in TL -9000 Quality Management, ISO 9001, ATIS-100009 Overview of Standards in Support of Emergency Telecommunications Service, ITU -T Y.1271 framework on network requirements and capabilities to support emergency telecommunications over evolving circuit -switched and packet -switched networks. 4.5 Demonstration Devices Upon DMS request, in addition to any other test devices required by this SOW, the Contractor shall provide wireless demonstration equipment (including airtime) for use by the Department for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a minimum period of sixty (60) Business Days. Any demonstration equipment, forms, and processes shall be provided, managed, and maintained by the Contractor. The Contractor will coordinate directly with any other State agencies regarding public safety service demonstration equipment, notifying the Department in advance of these activities. ITN No.: DMS -19/20-006 Page 54 of 66 Attachment A: Statement of Work Mobile Communication Services 1242 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4.6 Public Safety Customer Support The Contractor must provide a dedicated help desk number for support of its public safety service plans and devices. The Contractor must develop and abide by an escalation procedure specific to public safety real- time network issues and public safety End-user issues. The procedure must include names, titles, phone numbers, and email addresses of contacts in the Contractor's public safety escalation chain. The Contractor shall notify the DMS Product Manager in writing of any unresolved user issues or real-time network issues that have been outstanding for more than ten (10) Business Days. The Contractor should limit access to the public safety plans to only Customers that are Public Service Entities as recognized by the First Responder Network Authority. 4.7 Public Safety Reporting The Contractor shall timely provide a monthly Public Safety Service Plans and Devices Report to the Department's Contract Manager. Attachment C, SLA -E1. The report shall contain public safety Customer agency, End-user usage, End-user devices, rate plans, and any other related information DMS requires. This report shall not include any information that is considered CPNI. The format, content, and level of detail must be approved by DMS. 4.8 Public Safety Marketing In addition to any other Customer webpages required by this SOW, the Contractor shall provide specific information on its MCS portal related to its public safety service plans and devices. This should include, at a minimum, information on ordering, devices, apps, service offerings, and accessories. The Contractor shall provide the Department with a copy of all materials used by Contractor, and its subcontractors, to promote or advertise public safety specific service plans and devices to Florida's public safety user community. The Contractor will submit this information to the DMS Project Manager once per quarter, or as requested by DMS. Mission critical Push -to -Talk (PTT) devices and services shall not be advertised or marketed to State public safety entities as "mission critical," as defined by the National Public Safety Telecommunications Council (NPSTC), until demonstrated to the Department that the Contractor's PTT is in compliance with NPSTC's requirements, and approved in writing by, the Department. ITN No.: DMS -19/20-006 Page 55 of 66 Attachment A: Statement of Work Mobile Communication Services 1243 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this subsection. 5. Business Operations All services can be direct ordered by the Customers via email, phone call, or the Contractor's MCS portal. The Contractor shall also accept orders through CSAB and MFMP. Billing may be through CSAB or direct billed to the Customer. DMS shall make the final determination on which services are ordered and / or billed through CSAB, M FM P, direct ordered, or direct billed. This subsection is applicable to DMS -billed services, unless otherwise stated. 5.1 General Description of the SUNCOM Business Model In accordance with subsection 282.703(2), F.S., DMS has developed a system of equitable billings and charges for Customers. The CSAB system is the ordering, billing, incident management, and inventory system referred to in Chapter 60FF-2, F.A.C., that the Contractor is required to utilize. When Customers log -in to CSAB, they can perform the following functions: 1. Establish and maintain Customer accounts. 2. Manage billing accounts. 3. View a comprehensive list of available MCS offerings. 4. Place orders. 5. View their complete inventory of services and invoices with associated and detailed charges. For DMS -billed MCS accounts, the Contractor will bill DMS monthly for services rendered to all Customers and provide DMS with substantiating details in electronic files (for example, comma delimited). The Contractor will include in the substantiating detail charges with unique identifiers for each transaction (for metered services) and service account. 5.2 Communications Service Authorization and Billing Transaction Flowchart The Contractor will use seven (7) Business -to -Business (1326) transactions between DMS and Contractor, as depicted on the next page: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 56 of 66 Mobile Communication Services 1244 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SUNICOM Steady State Business Process DST Vendor Service Catalog B'B nnsin- a Bticines- to Business Jec branic Elleccage', batch files alid!of A-Lipbr.ation Pfogianihateffwe, (Arl I s) e=,hangAng au of the &1EC tfctiie data tleCeSE-U7 to the L-UIUCL'On. C LB w2 jaf,=ide altematire nunual ilip ut aptiom to, the 7-el-ldol: Ecm: I= raltume tL REIS RC 601 -IS, butwin not nutio-u-U7 input u17 data on behalf cf therendcd:. 9 'S7UNCO2,lCliefitactioLizeqLufecI `O SUNCOMClieritnotifecl ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 57 of 66 Mobile Communication Services 1245 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.3 Communications Service Authorization and Billing — Official Record CSAB is the authoritative source of all data. The CSAB system is the official record of the inventory and costs of SUNCOM services, including MCS. If the Contractor claims any inaccuracies in CSAB data, the data will be considered accurate unless substantially proven otherwise, at DMS' sole determination. The Contractor shall not enable or ask DMS or Customers to input ordering and/or invoicing data into CSAB on behalf of the Contractor. 5.4 Communications Service Authorization and Billing - Interface with Contractor The Contractor shall use Application Programming Interfaces (APIs) to implement transactions between CSAB and the Contractor. DMS will test and approve the interface prior to Contractor accepting orders for services and devices. The following requirements apply with regard to the Contractor's APIs with CSAB: 1. The Contractor's API enables data transfer between CSAB and the Contractor's system. 2. When data is sent from CSAB, the Contractor's API must send back an acknowledgement to CSAB. 3. The Contractor's API will perform functions automatically at near real-time. 4. The Contractor shall develop and maintain functional crosswalks between the Contractor's system and CSAB, which maps the data elements in CSAB to equivalent data elements in the Contractor's system. The Contractor will also support DMS' efforts to create functional crosswalks. 5. It is the Contractor's responsibility to ensure data has been received by CSAB, including resending data that has not been acknowledged by CSAB. 6. The Contractor shall provide a testing environment for quality assurance, accessible by DMS. 5.4.1 Batch Routines The second method the Contractor shall utilize to implement transactions with CSAB is through batch routines, which are periodic exchanges of data files containing a large number of records. An example of a batch routine is monthly delivery of invoicing substantiation files (1326-6), due to the large volume of data. 5.4.2 Manual Review and Data Entry by Contractor Staff The third method the Contractor may utilize to implement transactions within CSAB is by manual review and data entry. The Contractor can use CSAB screens to view a submitted order from a Customer and mark that order as fulfilled, rather than use 13213-3 and 132134 transactions. ITN No.: DMS -19/20-006 Page 58 of 66 Attachment A: Statement of Work Mobile Communication Services 1246 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Contractor shall only use manual review and data entry as a method of last resort and only with prior written approval by DMS Contract Manager. The Contractor shall not use manual review and data entry for invoicing substantiation (6213-6). 5.5 Communications Service Authorization and Billing Service Catalog MCS services and devices must be approved by DMS and entered into the CSAB Service Catalog prior to makingthem available foruse or purchase by any Customer. DMSwill have sole discretion over the CSAB Service Catalog and any updates. The Contractor shall use the following three (3) types of charges for the billing of MCS services: 1. One-time charge: a single paymentfor a service or item (e.g., hardware installation). 2. Monthly charge: monthly fixed and recurring charge 3. Metered charge: incremental charge based strictly on usage of the service (e.g., data overage charges). The Contractor shall comply with the requirements of Chapter 60FF-2, F.A.C., in its use of CSAB. 5.6 Taxes and Government Sanctioned Fees The Department and Customers do not pay State or federal taxes. Taxes are defined here to include payments that the Contractor is required to collect by law and pay to public entities. Government -sanctioned surcharges and fees, if the Customer is not exempt, must be collected by the Contractor and may be payable by the State. Any new or modified government -sanctioned surcharge or fee must be provided to DMS for review and approval. If approved, the Contractor can then submit a request to update the CSAB Service Catalog. The standard process whereby the Contractor submits a request for inclusion of services in the CSAB Service Catalog and DMS approves them must be implemented for a new or modified surcharge or fee with the following additional requirements: 1. The catalog item must be tagged as a government -sanctioned surcharge or fee. 2. The description field provided by the Contractor must clearly identify the surcharge or fee. 3. The Contractor must provide the DMS Contract Manager with information sufficient for DMS to develop formulas that replicate the charges through calculations against invoicing substantiation data. The DMS Product Managerwill approve the Contractor request if the update to the CSAB Service Catalog is in accord with the amendment. 4. The surcharge or fee must be billed at the inventory ID level and not billed as a lump sum. 5. The Contractor must give DMS advance notification of anticipated surcharge or fee changes with the DMS -approved effective date the charges will be incurred and the amount/percentage. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 59 of 66 Mobile Communication Services 1247 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Non-government sanctioned surcharges and fees, such as activation fees and termination fees, are not chargeable under this Contract. 5.7 User Access Privileges for the Contractor The Contractor's user CSAB access privileges must be approved and monitored by a Contractor - assigned CSAB Administrator. User access privileges allow the following functions: 1. Manually receive and closeout orders to the Contractor. 2. Review past orders submitted to the Contractor. 3. Review a robust set of inventory data for services provided by the Contractor. 4. Other access as allowed by DMS. DMS reserves the right to terminate CSAB user access privileges of any Contractor staff without cause or notice. 5.8 Work Orders Customer work orders are sent to the Contractor as 13213-3 transactions. The Contractor can log- in to CSAB as prompted by a CSAB email to see submitted orders. The Contractor is required to respond to the Customer with distinct 132134 fulfillment data for each item, or service, in a work order. Multiple item orders with only a single order number are not fulfilled until every item is delivered. Some key data elements in addition to CSAB-assigned Inventory ID are: 1. Order ID — identifies a request for one (1) or more items. This ID is associated with everything in a "shopping cart" when a Customer "checks -out." 2. Work Order ID — is associated with each item request within an order that can be fulfilled separately from the rest of the order and requests action for one (1) Service Installation ID. 3. Installed Option ID — identifies the service, feature, or hardware from the CSAB Service Catalog that was requested in the work order. 4. Service Installation ID — identifies the service account resulting from order fulfillment. It is the unique inventory entry in CSAB and is equivalent to, but not the same as, distinct IDs used by Contractor to track status, usage and charges (e.g., circuit ID, phone number, hardware serial number, etc.). The Contractor is required to provide all of the required fulfillment data in CSAB. The Contractor shall not charge the Department for any orders from which key fields data, installation dates, or disconnect dates are missing or incorrect. The effective bill date cannot be more than forty-five (45) days from the date the order is closed. Attachment C, SLA -G1. ITN No.: DMS -19/20-006 Page 60 of 66 Attachment A: Statement of Work Mobile Communication Services 1248 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Some orders will include configuration data, including IP addresses, to enable establishing closed user groups on MFN. 5.9 Inventory Every order, and many other actions related to MCS services, is permanently logged into CSAB. This inventory is a basis for DMS audits of Contractor charges; i.e., if a billed service is not in the inventory or the inventory shows it was not active during the invoicing period, DMS will dispute the charge. The CSAB inventory is also a useful tool for DMS, Customers, and Contractor to see what has been ordered, its status, location, cost, any associated comments, etc. CSAB inventory is structured around key data elements. Inventory records are not valid without these key fields. CSAB by default has primacy when there are discrepancies between the inventories of the Contractor and CSAB. The Contractor is required to maintain a corresponding inventory as a basis for invoicing DMS. Periodic reconciliation may be implemented between CSAB and the Contractor's inventory through 13213-5 transactions, at DMS' sole discretion. This will avoid waiting until the Contractor invoices DMS to discover these inconsistencies and having to resolve them through billing disputes. DMS will provide for an exchange of inventory data throughout the month using transaction 13213-4. There is no manual substitute for this process. 5.10 Invoicing Requirements The Contractor will invoice DMS for all fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS. Attachment C, SLA -F1. Invoices to DMS will consist of: 1) invoices for payment on an unchangeable format (e.g., paper) that reflect the total wholesale charges for the month (referred to herein as a, "handbill"), and 2) electronic detail files that substantiate all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. All credits due must be reflected on the invoice related to the first available billing cycle after the credit has been determined. Both the handbill and electronic files for the CSAB portion must be received no later than the 10th calendar day of each month. 5.11 Electronic Substantiating Detail File The invoice substantiation file consists of electronic detail listing all billable services and activities with all unique IDs necessary to be auditable bases for all charges. The detail file must include all charge data on one-time purchases, active service periods, and incremental activities. All charges must be attributable to distinct identifiers for the services as negotiated in the CSAB Service Catalog, and each discrete charge must be distinguished by a service identifier. Metered charges must also include date/time stamps for each billing event and the dates of the billing cycle (start ITN No.: DMS -19/20-006 Page 61 of 66 Attachment A: Statement of Work Mobile Communication Services 1249 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 and end). The file must be provided to DMS using a mutually agreed-upon, secured delivery method, and mutually agreed-upon format. 5.12 Audit of Contractor Invoices DMS will audit invoices to validate all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but: a) is complete (i.e., contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the handbill, then DMS will send an audit exception report (6213-7) to the Contractor detailing any disputed charges. At this time, this is a manual process. At any time during the Contract term, this may become an electronic process, at DMS'sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within one (1) billing cycle from receipt of dispute. If Contractor has not resolved audit exceptions within one (1) billing cycle, the charges will be adjusted as determined by DMS. 5.13 Mandatory Interface with the Contractor All work orders will be submitted to the Contractor via CSAB or similar system as deployed by DMS. Direct billed Customers will interface solely with the Contractor. 5.14 Properly Authorized Work Orders No WDS will be provisioned unless the Contractorhas a properly authorized work order submitted by DMS through CSAB. Direct billed Customers will interface solely with the Contractor. 5.15 General Billing Requirements The Contractorwill maintain a detailed database that uniquely identifies each pricing component. The CSAB Service Catalog contains unit prices and all qualifiers that are applied to unit prices in order to create an unambiguous database of WDS billable line items. A specific billing code shall have only one (1) unit amount. 5.16 Billing Start The Contractor shall meet the following criteria to complete billing starts: 1. All bills should commence on the 1St and run through the end of the month based on the completion date. Fractional charges are based on the effective bill date. 2. The Contractor cannot retroactively bill for services received before the, the start date of a Purchase Order in MFMP, or is otherwise ordered by the Customer. ITN No.: DMS -19/20-006 Page 62 of 66 Attachment A: Statement of Work Mobile Communication Services 1250 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. 6. Direct Ordering and Billing This section is applicable to WVS and certain approved WDS items. The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Contractor submitted an invoice directly to a SUNCOM Customer. The Contractor will accept orders from Customers for all WVS devices, rate plans, and services through MFM P. All direct -billing will be done in accordance with Rule 60FF-2.007, F.A.C. The Contractor will cooperate with the Department and M FM P (and any authorized agent or successor entity to M FM P) to deliver direct -billed WVS devices, rate plans, and services. The Contractor will work in cooperation with the MFMP vendor. All items available for purchase by any Customer that are listed on the most recent DMS -approved EUPL will be exhibited on the M FM P website as a Punchout catalog for Customers. The M FM P Punchout catalog shall be updated by the Contractor within one (1) Business Day of any updated EUPLs being posted on the Department's website. By acceptance of an M FM P purchase order, the Contractor agrees to all M FM P terms and conditions. 6.1 Services and Devices Sold to Direct -Billed Customers The Contractor will not make any service or device available to any Customer that has not been approved by DMS. If a new service or device is approved, the Department will add the service or device to the EUPL and provide a SUNCOM price for the Contractor to market to Customers. The Contractor shall not display or represent any other prices to Customers. 6.2 Cost Recovery Rate The Contractor will charge Customers the established rates, plus the SUNCOM Cost Recovery Rate (CRR). The CRRwill be included on all monthly -recurring Contractor's charges and invoices. The Department will be responsible for providing notification regarding the CRR to Customers. The Department will provide: i) notification on the MFMP website Punchout catalog, and ii) notification in a mutually agreeable format for OEUs not currently ordering through the MFMP website Punchout catalog. ITN No.: DMS -19/20-006 Page 63 of 66 Attachment A: Statement of Work Mobile Communication Services 1251 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The Contractor shall provide the Department with the CRR on all services sold to Customers that are direct -billed. The CRR will be assessed on the monthly recurring charges after all discounts, adjustments, and credits are taken into account. Additional charges, including but not limited to devices, taxes, surcharges, or regulatory fees, will not be included in the assessment of the CRR. The Department may modify the CRR through a written amendment to the Contract with ninety (90) days prior written notice to the Contractor. If mutually agreed upon, modifications to the CRR may take effect earlier than the ninety (90) days. The CRR will be the same for all Contractors providing MCS. In the event that the Department authorizes a Contractor to collect a lower CRR than on this Contract, the Department will incorporate the lower CRR into this Contract via amendment. The Contractor shall have sixty (60) calendar days after the amendment effective date to charge the CRR on the direct -billed invoices. The Contractorwill remit all funds collected pursuant to the CRR to the Department in the form of a quarterly check. The check will be accompanied with a complete Direct -Billed Quarterly Report. The check will be sent no more than forty-five (45) days after the end of the calendar quarter to cover the cost recovery amounts collected for the previous quarter. Attachment C, SLA -G1. Fees collected for the CRR will be thirty (30) days in arrears after the billing month in which the charges are invoiced on the direct -billed invoice. The Contractor will be required to remit funds associated with this requirement only when payment has been collected from the Customers that are direct -billed under this Contract. 6.3 Contract Association on Direct -Billed Accounts All direct -billed accounts established with Customers will include a corporate identifier for this Contract assigned by the Contractor in the billing system. 6.4 Monthly Reporting of Direct -Billed Accounts The Contractor will provide reporting and auditing in accordance with Rule 60FF-2.005, F.A.C. Additionally, the Contractor will provide the Department with an accurate Direct -Billed Monthly Report in an Excel format via e-mail of all direct -billed accounts including, but not limited to: the Customer's billing account name, Customer corporate identifier, number of active lines, total amount of charges, and billing month. Attachment C, SLA -G2. This report will substantiate quarterly payments remitted to the Department. In the event a discrepancy is cited, the Contractor will have thirty (30) days from the date of bill close to provide the Department with the data necessary to reconcile the discrepancy. In the event the Contractor cannot substantiate the cited discrepancy, the Contractor will be responsible for payment of the disputed amount within thirty (30) days. Online reporting and auditing via the Contractor's portal may be appropriate, if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. The format of the report is subject to DMS final approval. ITN No.: DMS -19/20-006 Page 64 of 66 Attachment A: Statement of Work Mobile Communication Services 1252 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 6.5 Quarterly Reporting of Direct -Billed Accounts On a quarterly basis, the Contractor will provide the Department a Direct -Billed Quarterly Report that aggregates utilization monthly reporting. Attachment C, SLA -G3. The report requirements are as follows: 1. The report must be in an Excel format sent via e-mail of all direct -billed accounts, which will include the Customers' aggregate utilization (minutes, data, and text) and billed amount by device type and billing month. 2. The report must contain information sufficient for the Department to independently verify and validate by Customer the utilization and billed amount by device type and billed amount and the cost recovery due to the Department. 3. The aggregate utilization reporting will not identify CPNI, such as but not limited to account names, subscriber number, or End-user level information for direct -billed Customers. 4. Online reporting and auditing via the Contractor's portal may be appropriate if it meets the requirements of this subsection and the reporting can be exported and saved by the Department. 5. The format of the report is subject to DMS final approval. 6.6 Customers Liability Direct -billed Customers are solely liable for any performance, duties, payments, and responsibilities generated by their use of this Contract, fiscal or otherwise. As stated in Rule 60FF- 2.007(3), F.A.C., "the Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM [Customers] in instances where a vendor or SUNCOM Provider submitted an invoice directly to SUNCOM [Customers]." REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ITN No.: DMS -19/20-006 Attachment A: Statement of Work Page 65 of 66 Mobile Communication Services 1253 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Department of ' 'WA MANAGEMENT SERVICES We serve those who serve Florida ATTACHMENT13 DRAFT CONTRACT FOR 4050 Esplanade Way Tallahassee, FL 32399-0951 850-488-278(#' Ron DeSantis, Governor Jonathan R. Satter, Secretary MOBILE COMMUNICATION SERVICES CONTRACT NO: DMS -19/20-006 BETWEEN THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES _►D <<PARTY NAME>> ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 1 of 25 Mobile Communications Services 1254 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 DRAFT CONTRACT Table of Contents: SECTION 1. CONTRACT TERM AND TERMINATION............................................................... 3 SECTION 2. CONTRACT DOCUMENTS AND HIERACHY........................................................4 SECTION 3. PAYMENTAND FEES.............................................................................................4 SECTION 4. CONTRACT ADMINISTRATION............................................................................. 6 SECTION 5. CONTRACT MANAGEMENT................................................................................... 8 SECTION 6. COMPLIANCE WITH LAWS....................................................................................9 SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION......................................................................................................................11 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY....................................................................................................... 12 SECTION 9. DATA SECURITY...................................................................................................14 SECTION 10. GRATUITIES AND LOBBYING............................................................................ 17 SECTION 11. CONTRACT MONITORING................................................................................. 17 SECTION 12. CONTRACT AUDITS........................................................................................... 19 SECTION 13. BACKGROUND SCREENING AND SECURITY ................................................. 19 SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY..................................................21 SECTION15. LICENSING.......................................................................................................... 22 SECTION 16. PERFORMANCE BOND......................................................................................23 SECTION 17. CUSTOMER OF RECORD.................................................................................. 23 SECTION 18. SPECIFIC APPROPRIATION.............................................................................. 24 SECTION 19. MISCELLANEOUS...............................................................................................24 Exhibits: Exhibit A — Definitions and Acronyms Exhibit B — Final Statement of Work, including: Exhibit 1 to Exhibit B — Final Service Level Agreements; Exhibit C — Contractor's Pricing, including: Exhibit 1 to Exhibit C — Vendor's Services and Discounts Pricing Exhibit 2 to Exhibit C — Vendor's Device List Exhibit 3 to Exhibit C — Vendor's Services and Discounts Pricing, Public Safety <if applicable> Exhibit D — Instructional Document for Request for Best and Final Offer to ITN DMS -19/20-006 Exhibit E — Relevant Portions of the Contractor's Best and Final Offer to ITN DMS -19/20-006 Exhibit F — ITN DMS -19/20-006 ITN No.: DMS -19/20-006 Page 2 of 25 Attachment B: Draft Contract Mobile Communications Services 1255 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 CONTRACT This Contract is between the STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES (Department), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and <INSERTVENDOR NAME> (Contractor) with offices at <insert address>, each a "Party" and collectively referred to herein as the "Parties." The Parties enter into this Contract (Contract) in accordance with Chapters 282 and 287, Florida Statutes (F.S.), and with the negotiated terms and conditions of Invitation to Negotiate, DMS - 19/20 -006, Mobile Communication Services. SECTION 1. CONTRACT TERM AND TERMINATION 1.1 Initial Term The initial term of the Contract will be five (5) years and will begin on the date the Contract is signed by all Parties. 1.2 Renewal Upon written agreement, the Department and the Contractor may renew the Contract, in whole or in part, for up to five (5) renewal years in accordance with section 287.057(13), F.S., and Rule 60A-1.048, Florida Administrative Code (F.A.C.). 1.3 Suspension of Work and Termination 1.3.1 Suspension of Work The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Department may, at its sole discretion, suspend the Contract at any time, when in the best interest of the Department or Customer to do so. The Department or the Customer will provide the Contractor written notice outlining the particulars of suspension and the effective date of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the specified activities associated with the Contract. Within ninety (90) days, or any longer period agreed to by the Contractor, the Department will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract. Suspension of work will not entitle the Contractor to any additional compensation. 1.3.2 Termination for Convenience The Contract may be terminated by the Department in whole or in part at any time, when, at the sole discretion of the Department, it is deemed to be in the best interest of the State of Florida to do so. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed, prior to the termination, for which costs can be substantiated. Such payment, however, may not exceed an amount which is the csame percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 1.3.3 Termination for Cause ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 3 of 25 Mobile Communications Services 1256 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 If the performance of the Contractor is not in compliance with the Contract requirements the Department may, at its sole discretion, (a) immediately terminate the Contract, (b) notify the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will terminate at the end of such time, or (c) take other action deemed appropriate by the Department. 1.3.4 Termination Assistance In case of termination, whether for cause or for convenience, the Contractor will provide prompt and thorough transition assistance and cooperation, including as specified in Subsection 3.24, Transition for Future Iterations of this Service, of the Statement of Work (SOW). SECTION 2. CONTRACT DOCUMENTS AND HIERACHY The Contract including any exhibits referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. The Contract consists of the documents listed below, and in the event any of these documents conflict, the conflict will be resolved in the following order of priority (highest to lowest): 1. This Final Contract document; 2. Attachment A — Definitions and Acronyms; 3. Attachment B — Final Statement of Work, including: a. Exhibit 1 — Final Service Level Agreements; 4. Attachment C — Contractor's Pricing, including: a. Exhibit 1 — Vendor's Services and Discounts Pricing b. Exhibit 2 — Vendor's Device List c. Exhibit 3 — Vendor's Services and Discounts Pricing, Public Safety <if applicable> 5. Attachment D — Instructional Documentfor Request for Best and Final Offerto ITN DMS - 19/20 -006; 6. Attachment E — Relevant Portions of the Contractor's Best and Final Offer to ITN DMS - 19/20 -006; and 7. Attachment F — ITN DMS -19/20-006. In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000, is included herein by reference but is superseded in its entirety by the Contract. SECTION 3. PAYMENT AND FEES 3.1 Price Adjustments Pricing may be updated in accordance with SOW Section 1.5, Update Process to End User Price Lists and Vendor's Equipment List. 3.2 Price Decreases During the term of the Contract (including renewal years), the Department encourages the Contractor to offer price decreases that are in line with increased efficiencies and added infrastructure enhancements. The Department reserves the right to further negotiate reduction in pricing for the renewal years. The following additional price decrease terms apply: ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 4 of 25 Mobile Communications Services 1257 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.2.1 Volume Discounts Contractor may offer additional single orders. discounts for one-time delivery of large 3.2.2 Preferred Pricing The pricing included in the Contract is guaranteed, by the Contractor, to be a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Purchase Orders and Communication Service Authorizations A Customer may use Purchase Orders (POs) issued through MyFloridaMarketPlace (MFMP) or Purchase Orders issued through the Communications Services Authorization and Billing (CSAB) system (known as Communication Service Authorizations (CSAs) to buy commodities or services. The Department may also issue POs or CSAs on behalf of Customers. The Contractor must provide commodities or services pursuant to POs or CSAs. The PO or CSA period of performance survives the expiration of the Contract. All terms and conditions of the Contract will be incorporated into the PO or CSA and will survive the termination of the Contract. The duration of POs or CSAs must not exceed the expiration of the Contract by morethan twelve (12) months, unless they have been entered into pursuant to an Extended Pricing Plan, in which case they may not exceed the expiration of the Contract by more than thirty-six (36) months. Extended Pricing Plans are discounted prices offered in exchange fora Customer's commitmentto lease commodities or purchase contractual services for an extended time. 3.4 Payment Invoicing Payment will be made in accordance with section 215.422, F.S. The Contractor will be paid upon submittal of an invoice to the Department, or Customer if direct billed, after delivery and acceptance of commodities or contractual services is confirmed and the invoice is accepted by the Customer. The Contractor shall submit invoices for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post - audit, and invoices must include the Contract number and the Contractor's Federal Employer Identification Number. The Department reserves the right to request additional documentation as needed, and Contractorwill follow all invoice directives in the SOW and this Contract document. The Contractor shall have a "No Shut Off' policy for all State agency Customer accounts. Contractor shall identify/flag all State agency Customer accounts as "Government Accounts" forwhich service will not be interrupted due to an outstanding balance, disputed amount owed, or late payments due. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 5 of 25 Mobile Communications Services 1258 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.5 Travel Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and, if authorized, may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation Pursuant to section 287.0582, F.S., the Department's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 MyFloridaMarketPlace Transaction Fee The State of Florida, through the Department, has instituted MFMP, a statewide eProcurement system. Pursuant to section 287.057(22), F.S., all payments issued by Customers to the Contractor for purchases of commodities or contractual services will be assessed a Transaction Fee as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law, which the Contractor shall pay to the State. For payments within the State of Florida accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to subsection (2) of Rule 60A-1.031, F.A.C. By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State of Florida or its designee. The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item (s) if such item (s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in breach. VENDORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 3.8 Taxes Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer unless authorized by Florida law. 3.9 Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT ADMINISTRATION 4.1 Department's Contract Administrator The Department's Contract Administrator, whose primary responsibility will be to maintain the Contract file, is as follows: ITN No.: DMS -19/20-006 Page 6 of 25 Attachment B: Draft Contract Mobile Communications Services 1259 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Jane Doe <Insert division> <Insert agency> <Insert physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com In the event that the Department changes the Department's Contract Administrator, the Department will notify the Contractor's Contract Manager in writing via email and document such in the Contract file. Such changes do not require a formal written amendment to the Contract. 4.2 Department's Contract Manager The Department's Contract Manager, performance of the Contract terms and Contractor, will be as follows: Jane Doe <Insert division> <Insert agency> <Insert physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com who is primarily responsible for enforcing the conditions and will serve as a liaison with the In the event that the Department changes the Department's Contract Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.3 Department's Product Manager The Department's Product Manager, who is primarily responsible for monitoring the performance of the Contract terms and conditions and will serve as a liaison with the Contractor, will be as follows: Jane Doe <Insert division> <Insert agency> <Insert physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com In the event that the Department changes the Department's Product Manager, the Department will notify the Contractor in writing via email. Such changes do not require a formal written amendment to the Contract. 4.4 Contractor's Contract Manager The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be as follows: Jane Doe <Insert Contractor name> <Insert Contractor's physical address> ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 7 of 25 Mobile Communications Services 1260 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxx.com In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such a change does not require a formal written amendment to the Contract. 4.5 Contractor's Account Manager The Contractor's Account Manager, who will serve as a liaison with the Department's Contract Administrator, will be as follows: Jane Doe <Insert Contractor name> <Insert Contractor physical address> Telephone: (XXX) XXX-XXXX Email: jane.doe@xxxxxx.com In the event that the Contractor changes its Account Manager, the Contractor will notify the Department's Contract Manager in writing via email. Such changes do not require a formal written amendment to the Contract. SECTION 5. CONTRACT MANAGEMENT 5.1 Notices All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, reputable air courier service, email, or personal delivery, or as otherwise identified herein or by the Department. 5.2 Change Request The Department's Contract Manager may authorize operational changes to services and infrastructure that do not have a pricing impact (non -billable changes) via a change request. Such authorized operational changes do not require a Contract amendment but will be memorialized in writing and placed in the Contract Mangers' files. The Department reserves the right to make the final determination if a change request or Contract amendment is required. Any change that would allow the Contractor to offer less of any deliverable, including commodities, services, technology, or software, requires a Contract amendment. Vendor's Equipment List and End User Price List updates must be made in accordance with SOW Section 1.5, End User Price Lists (EUPLs) and Vendor's Device List, and may not require an amendment or change request. 5.3 Diversity Reporting The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo(ab_dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 8 of 25 Mobile Communications Services 1261 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 5.4 Designated Centralized Nonprofit Agency Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THATANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated centralized nonprofit agency and the commodities or contractual services it offers is available at https://www.dms.myflorida.com/business operations/state purchasing/state contracts and agreements/(contractType)/4577. 5.5 PRIDE Subject to the agency determination provided for in sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACTTHE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at http://www.pride-enterprises.org. SECTION 6. COMPLIANCEWITH LAWS 6.1 Conduct of Business The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. These may include, but are not limited to, Chapters 282 and 287, F.S., Subtitle 60FF, F.A.C., the Communications Assistance for Law Enforcement Act, the Payment Card Industry DSS, IRS Publication ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 9 of 25 Mobile Communications Services 1262 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1045, Section 274A of the Immigration and Nationality Act, the Americanswith Disabilities Act, Health Insurance Portability and Accountability Act (HIPAA) (including executing any Business Associate Agreements as requested by Customers), and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The Contractor must comply with and must assist the Department and Customers with compliance with Subtitle 60FF, F.A.C., (and Subtitle 60GG, F.A.C., if applicable). 6.2 Dispute Resolution, Governing Law, and Venue Any dispute concerning performance of the Contract shall be decided by the Department's Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Department's Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusivelyfor any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 6.3 Department of State, Registration Consistent with Chapters 605 through 623, F.S., the Contractor must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 6.4 Suspended, Convicted, and Discriminatory Vendor Lists In accordancewith sections 287.042, 287.133, and 287.134, F.S., an entity or affiliatewho is on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List during the term of the Contract. 6.5 Scrutinized Companies—Termination by the Department The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the foregoing, the Parties are aware of the Eleventh Circuit Court's decision in Odbrecht Constr. v. Secy, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013), and agree that the provisions of sections 287.135(1)-(5), F.S., pertaining to a company engaged in business operations in Cuba or Syria shall not apply to this Contract unless and until the Eleventh Circuit Court's decision in Odebrecht Constr. v. Secy, Fla.DOT, 715 F.3d 1268 (11th Cir. Fla. 2013) is overturned. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 10 of 25 Mobile Communications Services 1263 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 6.6 Cooperation with Inspector General Pursuant to section 20.055(5), F.S., Contractor, and its subcontractors, if any, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 6.7 E -Verify The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E -Verify system forall newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E -Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub -paragraph (2)(c)1, and the Department's obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers' Compensation Insurance The Contractor shall maintain Workers' Compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction, where applicable. The Contractor must require all subcontractors to similarly provide Workers' Compensation Insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Worker's Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance, satisfactory to the Department, for the protection of employees not otherwise protected. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 11 of 25 Mobile Communications Services 1264 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 7.2 General Liability Insurance The Contractor shall maintain insurance sufficient to adequately protect the Department and Customers from all claims or liability for personal injury or property damage arising out of, resulting from the performance of, or in connection with the operation of, the Contract. All insurance shall be with insurers authorized to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide the Department with Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured within thirty (30) days after Contract execution and on the Contract anniversary date each year of the Contract. The Contractor must submit via email, to the Department's Contract Manager, notice of any cancellation or nonrenewal at least ten (10) calendar days prior to cancellation or nonrenewal. In the event of cancellation or nonrenewal, the Contractor will be responsible for securing a replacement insurance policy in accordance with this section within thirty (30) Business Days after the final date of the cancelled or nonrenewed policy. 7.3 Indemnification The Contractor agrees to indemnify, defend, and hold the Department, Customers, and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY 8.1 Public Records Solely for the purpose of this section, the Department's Contract Manager is the agency custodian of public records. If, under this Contract, the Contractor is providing services and is acting on behalf of the Department, as provided in section 119.0701, F.S., the Contractor shall: 1. Keep and maintain public records required by the Department to perform the service. 2. Upon request from the Department's custodian of public records, provide the Department 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, F.S., or as otherwise provided by law. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 12 of 25 Mobile Communications Services 1265 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the Department. 4. Upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE 8.2 Protection of Trade Secrets or Confidential Information If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract -related materials") to be trade secret under section 688.002 or 812.081, F.S., or any other applicable law, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to contract -related materials it has designated trade secret or otherwise confidential. If the Department is served with a request for discovery of contract -related materials designated by the Contractor as trade secret or otherwise confidential, the Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated trade secret or otherwise confidential if the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract -related materials as trade secret or otherwise confidential. 8.3 Document Management and Record Retention The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 13 of 25 Mobile Communications Services 1266 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 made in relation to the Contract, including those required by Section 6.6, Cooperation with Inspector General. Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at: http://dos. m yf lorida. com/library-archives/records-m anagem ent/general-records- schedules/. 8.4 Intellectual Property Unless specifically addressed in the Contract, intellectual property rights to all property created or otherwise developed by the Contractor for the Department or the Customer will be owned by the State of Florida at the completion of the Contract. Any inventions or discoveries developed in the course of or as a result of services performed under the Contract which are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made in connection with the Contract and will be referred to the Florida Department of State for a determination on whether patent protection will be sought for the invention or discovery. The State of Florida will be the sole owner of any and all patents resulting from any invention or discovery made in connection with the Contract. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed in connection with the Contract are the sole property of the State of Florida. SECTION 9. DATA SECURITY REQUIREMENTS 9.1 Duty to Secure State Data The Contractor will maintain the security of State Data, including, but not limited to, keeping a secure area around any displayed or otherwise visible State Data and ensuring such data is stored and secured when not in use. The Contractor will be responsible for ensuring that all Persons it contracts with to maintain, store, or process State Data on its behalf will comply with all data security requirements of this section. The Contractor will also comply with any other State or federal rules and regulations regarding security of information. The State will remain the owner of all State Data and any other data made available by the State to the Contractor pursuant to this Contract. Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services under this Contract from outside of the United States. The Contractor will not allow, through its action or inaction, any State Data to be sent by any medium, transmitted, or to be Accessed outside of the United States. The Contractor shall comply with section 501.171, F.S. Additionally, the Contractor shall reimburse the Department for any costs incurred providing the notifications required by subsections 501.171(3) and (4), F.S., if the Contractor is responsible for a breach. For purposes of this paragraph, "breach," is as defined in section 501.171(1)(a), F.S. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 14 of 25 Mobile Communications Services 1267 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 9.2 State Data Access The Contractor shall retain a list of all Persons, as defined in Attachment E — Definitions and Acronyms, with Access to State Data, including a statement confirming that each Person has passed the background screening required herein. This statement shall not include the substance of the screening results, only that the Person has passed the screening. The Contractor shall create a written policy for the protection of State Data, including a policy and procedure for Access to State Data. The Contractor shall retain the policy and information required in this subsection in accordance with Section 8.3, Document Management and Record Retention. The documents are subject to disclosure within thirty-six hours upon written or oral demand by the Department or its designated agents or auditors and are subject to audit and screening. The Contractor shall document and record, with respect to each instance of Access to State Data: 1. The identity of all individual(s) who Accessed State Data in any way, whether those individuals are authorized Persons or not; 2. The duration of the individual(s)' Access, including the time and date at which the Access began and ended; 3. The identity, form, and extent of State Data Accessed, including, but not limited to, whether the individual Accessed partial or redacted versions of State Data, read-only versions of State Data, or editable versions of State Data; and 4. The nature of the Access, including whether the State Data was edited or shared with any other individual or entity during the duration of the Access, and, if so, the identity of the individual or entity. The damages that would result from the Contractor's failure to compile, retain, and disclose the written policy and information required in this subsection are by their nature impossible to ascertain presently and will be difficult to ascertain in the future. The issues involved in determining such damages will be numerous, complex, and unreasonably burdensome to prove. The Contractor therefore agrees to credit the Department the sum of $10,000 for each breach of this subsection. The parties acknowledge that these credits are liquidated damages, exclusive of any other right to damages, not intended to be a penalty, and solely intended to compensate for unknown and unascertainable damages. 9.3 Violations of Data Security Requirements A "Security Breach" in this Section 9 means an unauthorized Access of State Data. Good faith Access of State Data by a Person, as defined in Attachment E — Definitions and Acronyms, does not constitute a security breach, provided that the information is not used for a purpose unrelated to the furtherance of the Contract or subject to further unauthorized Access. However, unauthorized Access includes incidents where Persons with authorized Access for certain purposes otherwise gain Access for unauthorized purposes. The Contractor agrees that a Security Breach, including any violations of Section 9. 1, Duty to Secure State Data, will entitle the State to a credit commensurate with the Department and Customer's internal staffing and administrative costs associated with managing the Security Breach or violation of Section 9. 1, Duty to Secure State Data, as determined by the Department. Such credits will not preclude the State from recovering other damages ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 15 of 25 Mobile Communications Services 1268 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 it may suffer as a result of the Security Breach or violation of Section 9. 1, Duty to Secure State Data. 9.4 Notification Requirements In the event of a Security Breach, including any violations of Section 9. 1, Duty to Secure State Data, or a credible allegation or suspicion of a Security Breach or violation of Section 9. 1, Duty to Secure State Data (as determined by the Contractor or the Department), the Contractor must notify the Department's Contract Manager and the affected Customer as expeditiously as practicable, but in all instances no later than one (1) calendar day of knowledge of the Security Breach or credible allegation or suspicion of such. Notification is required regardless of the number of persons or type of State Data affected or potentially affected. The notification must be clear and conspicuous and include a description of the following: 1. The incident in general terms; 2. The type of information that was subject to the violations of Section 9.1, Duty to Secure State Data, or credible allegation or suspicion of Security Breach; 3. The type and number of entities and individuals who were, or potentially have been, affected by the incident; and 4. The actions taken by the Contractor to protect the State Data from further unauthorized Access. However, the description of those actions in the notice may be general so as not to further increase the risk or severity of the Security Breach. The Contractor must also as expeditiously as practicable, but no later than thirty-six hours from the time of discovery, set up a conference call with the Department's Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30) minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate timeforthe call will be scheduled. All available information about the Security Breach or suspected Security Breach must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all remedial actions of the Contractor. 9.5 Other Indemnifications and Credit Monitoring The Contractor shall be fully liable forthe actions of all Persons, as defined in Attachment E — Definitions and Acronyms, and shall fully defend, indemnify, and hold harmless the Department, Customers, the State of Florida, its officers, directors and employees from any claims, suits, actions, damages, proceedings, and costs of every name and description, including attorney's fees, to the extent arising or resulting from a violation by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, of Section 9, Data Security, and Section 13, Background Screening and Security, resulting in the Security Breach of State Data. The Contractor shall provide credit monitoring services at its own cost for those individuals affected or potentially affected by a Security Breach of these sections by the Contractor or a Person, as defined in Attachment E — Definitions and Acronyms, fora twelve-month period of time following the Security Breach. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 16 of 25 Mobile Communications Services 1269 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SECTION 10. GRATUITIES AND LOBBYING 10.1 Gratuities The Contractor will not, in connection with the Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying Funds provided under this Contract shall not be used to violate the provisions of sections 11.062 and 216.347, F.S. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after Contract execution and during the Contract's term. SECTION 11. CONTRACT MONITORING 11.1 Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customerwill be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination must be maintained by the Contractorwith representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. 11.2 Performance Deficiencies and Service Level Agreements Service Level Agreements (SLAs) dictate the levels of service delivery for individual services. The parties acknowledge that these SLAs contain financial consequences, as required by section 287.058, F.S., are exclusive of any other right to damages, and are not intended to be a penalty. The Contractor therefore agrees to credit the Department consistently with the Contract, including as set forth in Attachment C - Service Level Agreements. Financial consequences that are due to a Customer after the completion of service, or exceed any payment due to the Contractor, shall be submitted by check rather than as a credit. One, multiple, or recurring violations of a SLA may be considered a breach of the Contract and may result in a suspension or cancellation of PO(s) or CSA(s). The Department reserves the right to determine when violation(s) of SLAs constitute a breach of the Contract or will result in a suspension or cancellation of PO(s) or CSA(s). The Department's determination of a breach of the Contract or suspension or cancellation of PO(s) or CSA(s) will depend on the number and severity of the SLA violation(s), disruption to service, Contractor's response, and other factors. In addition to the processes set forth in the Contract (e.g., SLAs), if the Department determines that there is a performance deficiency that requires correction by the Contractor, then the Department will notify the Contractor. The correction must be made within a timeframe specified by the Department. The Contractor must provide the Department with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 17 of 25 Mobile Communications Services 1270 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 If the corrective action plan is unacceptable to the Department, or implementation of the plan fails to remedy the performance deficiencies, the Department will retain ten percent (10%) of the total invoice amount and may suspend or cancel PO(s) or CSA(s) or may suspend work or terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited in order to compensate the Department for the performance deficiencies and the Department may suspend or cancel PO(s) or CSA(s) or may terminate the Contract as set forth in Section 1.3, Suspension of Work and Termination. 11.3 Timely Performance The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer's delay. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customerfor direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 18 of 25 Mobile Communications Services 1271 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS 12.1 Performance or Compliance Audits The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractor's data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to the Contract. The State of Florida's Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit Records of costs incurred under terms of the Contract will be maintained in accordance with Subsection 8.3, Document Management and Record Retention. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer, orthe Officeof the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY All Contractor employees, subcontractors and agents performing work under the Contract must comply with all security and other requirements of the Department or the Customer. 13.1 Background Screening In addition to any background screening required by the Contractor as a condition of employment, the Contractor warrants that it will conduct a criminal background screening of, or ensure that such a screening is conducted for, each of its employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person, hereinafter referred to as "Person" or "Persons," operating under its direction with Access to State Data or who enter either the premises or facilities where State Data is stored or accessible. Contractor is not required to conductthe aforementioned background screening of a Person if that Person does not have Access to State Data and if that Person, whenever on Customer premises or facilities, is escorted by Customer authorized personnel. The Contractor warrants that all Persons will have passed the background screening described herein before they have Access to State Data or begin performing services ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 19 of 25 Mobile Communications Services 1272 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 under the Contract. The look -back period for such background screenings shall be for a minimum of six (6) years where six (6) years of historical information is available. The minimum background check process will include a check of the following databases through a law enforcement agency or a Professional Background Screener accredited by the National Association of Professional Background Screeners or a comparable standard: 1. Social Security Number Trace; and 2. Criminal Records (Federal, State, and County criminal felony and misdemeanor, national criminal database for all states which make such information available). The Contractor agrees that each Person will be screened as a condition prior to performing services or having Access to State Data. The Contractor is responsible for any and all costs and expenses in obtaining and maintaining the criminal background screening information foreach Person described above. The Contractorwill maintain documentation of the screening in the Person's employment file. The Contractor will abide by all applicable laws, rules, and regulations including, but not limited to, the Fair Credit Reporting Act and/ any equal opportunity laws, rules, regulations, or ordinances. 13.2 Disqualifying Offenses If at any time it is determined that a Person has a criminal misdemeanor or felony record, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict), within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that Person from any position with Access to State Data or directly performing services under the Contract. The disqualifying offenses are as follows: 1. Computer related crimes 2. Information technology crimes; 3. Fraudulent practices; 4. False pretenses; 5. Fraud; 6. Credit card crimes; 7. Forgery; 8. Counterfeiting; 9. Violations involving checks or drafts; 10. Misuse of medical or personnel records; and 11. Felony theft. If the Contractor finds a Disqualifying Offense for a Person within the last six (6) years from the date of the court's disposition, it may obtain information regarding the incident and determine whether that Person should continue providing services under the Contract or have Access to State Data. The Contractor will consider the following factors only in making the determination: i) nature and gravity of the offense, ii) the amount of time that lapsed since the offense, iii) the rehabilitation efforts of the Person, and iv) relevancy of the offense to the job duties of the Person. If the Contractor determines that the Person should be allowed Access to State Data, then Contractor shall maintain all criminal background screening information and the rationale for such Access in the Person's employmentfile. The Contractorwill promptly notify the Department of any determinations ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 20 of 25 Mobile Communications Services 1273 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 made pursuant to this subsection. The Department reserves the right to require removal of any Persons from performing work on the Contract for any reason. 13.2.1 Refresh Screening The Contractor will ensure that all background screening will be refreshed every five (5) years from the time initially performed foreach Person during the term of the Contract. 13.2.2 Self -Disclosure The Contractor shall ensure that all Persons have a responsibility to self-report within three (3) calendar days to the Contractor any updated court disposition regarding any disqualifying offense, regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict). The Contractor shall immediately reassess whether to disallow that Person Access to any State of Florida premises or from directly performing services under the Contract. Additionally, the Contractor shall require that the Person completean annual certification thatthey have not received any additional criminal misdemeanor or felony record regardless of adjudication (adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) for the Disqualifying Offenses and shall maintain that certification in the employmentfile. In addition, the Contractor shall ensure that all Persons have a responsibility to self-report to the Contractor within three (3) calendar days, any arrest for any Disqualifying Offense. The Contractor shall notify the Department's Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. 13.3 Department's Ability to Audit Screening Compliance and Inspect Locations The Department reserves the right to audit the Contractor's background screening process upon two (2) days prior written notice to the Contractor during the term of the Contract. The Department will have the right to inspect the Contractor's working area, computer systems, and/or location upon two (2) Business Days prior written notice to the Contractor to ensure that Access to State Data is secure and in compliance with the Contract and all applicable state and federal rules and regulations. SECTION 14. COMMUNICATIONS AND CONFIDENTIALITY 14.1 Public Statements The Contractor shall not, without first notifying the Department's Contract Manager and securing the Department's prior written consent, make public statements or publicly disseminate any information which concern the Contract or its subject matter, including, but not limited to: 1. disclose or permit disclosure of any data or information obtained or furnished in accordance with the Contract, 2. use any statement attributable to the Department or its employees, 3. mentioning the Contract in a press release or other promotional material, or 4. otherwise linking Contractor's name and either a description of the Contract or the name of the State, the Department or any Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 21 of 25 Mobile Communications Services 1274 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Public statements include press releases, publicity releases, promotions, marketing materials, corporate communications, or other similar communications. If provided, the Department's written consent shall not be construed to supersede or waive the Contract requirements imposed on the Contractor to maintain confidential information. The Contractor will not use the State of Florida seal, name, or logo of the Department or State of Florida, or Contractor's relationship to the Department for any purpose without the prior written consent of the Department. The Contractor may refer to the Contract as an experience citation with other customers without prior approval. The Contractor shall have the following obligations with respect to the marketing of this Contract to any Customers: 1. To use its commercially reasonable best efforts to furtherthe promotion, advertising, and marketing of services available under this Contract; and 2. To promote the utilization of this Contract to Other Eligible Users in favorof any other cooperative purchasing contract for similar services. 14.2 Confidential Information The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to Chapter 119, F.S., and sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 15. LICENSING All services shall include all required licenses forCustomers to utilize the services at no additional cost to the Customer. All third -party license costs for Contractor -provided hardware and software shall be the responsibility of the Contractor. The Contract will take precedence over any and all End User License Agreement conflicting terms. Any provisions in an End User License Agreement that require the Department to indemnify the Contractor are inapplicable. Additional terms affixed to products or services prior to delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, serviceagreements, end user agreements, 11clickwrap" agreements, "shrink wrap", "browserwrap",or terms accompanying or affixed to a product or service, whether written or electronic) incorporated onto the Contractor's or subcontractor's order or fiscal forms or other documents forwarded by the Contractor for payment will not be binding on the Department or Customer unless negotiated and agreed to in writing as specified in this section. A Customer may agree to additional terms and conditions specific to the Customer's order that are jointly negotiated and explicitly agreed upon by the Customer. A Customer's acceptance of a product or service or processing of documentation on formsfurnished by the Contractor for approval or payment shall not constitute an acceptance of the Contractor's or subcontractor's proposed modification to terms and conditions or an agreement to modify or ITN No.: DMS -19/20-006 Page 22 of 25 Attachment B: Draft Contract Mobile Communications Services 1275 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 add additional terms to this Contract. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SECTION 16. PERFORMANCE BOND Within thirty (30) days of Contract execution, Contractor will deliver to the Department's Contract Manager a performance bond in the amount of $500,000 (five hundred thousand). This shall also apply to any renewal years. The bond shall name the Department as the beneficiary and will be used to guarantee satisfactory performance by the Contractor throughout the term of the Contract. 1. The performance bond shall be maintained throughout the term of the Contract. The performance bond must be issued by an acceptable surety company, as determined by the Department, and which surety must be licensed to do business in the State of Florida. The insurer or bonding company shall pay losses suffered by the State of Florida directly to the Department. 2. The Contractor and insurer or bonding company shall provide the Department prior written notice or immediate notice upon knowledge of any attempt to cancel or to make any other material change in the status, coverage, or scope of the performance bond, or of the Contractor's failure to pay bond premiums. 3. The Department shall not be responsible for any premiums or assessments on or in relation to the performance bond. 4. The performance bond is to protect the Department and the State against any loss sustained through failure of the Contractor's performance in accordance with the Contract No payments shall be made to the Contractor until the performance bond is in place and approved by the Department in writing. 5. Within thirty (30) days of Contract execution, and by Contract execution anniversary each year following, the Contractor shall provide the Department with a surety bond continuation certificate or other acceptable verification that the performance bond is valid and has been renewed for an additional year. 6. The performance bond provided under this section shall be used solely to the extent necessary to satisfy the damage claims made by the State of Florida pursuant to the terms of the Contract. In no event shall the performance bond be construed as a penalty bond. 7. No sooner than two (2) years after Contract execution, if it is in the best interest of the State of Florida, as determined by the Department, the Contractor's performance bond may be reduced for the remainder of the term. This reduction shall require an amendment to the Contract with the agreement of both parties. SECTION 17. CUSTOMER OF RECORD The Department is considered the Customer of Record for all services for the purposes of the Federal Communications Commission and Customer Proprietary Network Information. ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 23 of 25 Mobile Communications Services 1276 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 SECTION 18. SPECIFIC APPROPRIATION The following is the specific State fund from which the State will make payment under the first year of the Contract: General Appropriations Act (Florida Law) 2909 SPECIAL CATEGORIES CENTREX AND SUNCOM PAYMENTS FROM COMMUNICATIONS WORKING CAPITAL TRUST FUND SECTION 19. MISCELLANEOUS 19.1 Warranty of Contractor's Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall notify the Department of any regulatory or legal actions filed by any federal, state, or local government entity and any other litigation that could impact the Contractor's ability to perform under this Contract within thirty (30) days of the action being filed. The Contractor must notify the Department of any legal actions filed against it fora breach of a contract of similar size and scope to this Contract within thirty (30) days of the action being filed. Failure to notify the Department of a legal action within thirty (30) days of the action will be grounds for termination for cause of the Contract. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. 19.2 Subcontractors, Affiliates, Partners, Teammates, Third -Party Vendors The Contractor is fully responsible for satisfactory completion of all subcontracted work, including work by affiliates, partners, teammates, and all other third -party vendors, in accordance with the terms and conditions of the Contract. 19.3 Assignment The Contractor will not sell, assign, or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign the same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 19.4 Independent Contractor The Contractor is an independent contractor. The Contractor and its employees, agents, representatives, and subcontractors, affiliates, partners, teammates, and all other third - party vendors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or ITN No.: DMS -19/20-006 Attachment B: Draft Contract Page 24 of 25 Mobile Communications Services 1277 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 conduct of the Contractor or its employees, agents, representatives, or subcontractors, affiliates, partners, teammates, and all other third -party vendors. 19.5 Risk of Loss Matters of inspection and approval are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity, Contractor will remove the commodity from the premises within ten (10) days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) days will be deemed abandoned by the Contractor and the Customer or the Department will have the right to dispose of it as its own property. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 19.6 Safety Standards Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 19.7 Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 19.8 Time is of the Essence Time is of the essence regarding each and every obligation of the Contractor. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 19.9 Waiver The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 19.10 Modification and Severability With the exception of the process described in Section 5.2, Change Requests, this Contract may only be modified by a written agreement signed by the Department and the Contractor. 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U) 0 C a) E a) Q2 0) Q a) N J () U a) U) U c a) E U ca El ti w N T— DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 t 1 ii l i n of State Techriology Mobile Communications Services Business Case 1288 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1 Executive Summary ..............................................................................................................................5 1.1 Purpose...........................................................................................................................................5 1.2 Detailed Description of Services........................................................................................................5 1.3 Current Service Performance............................................................................................................6 1.4 Goals for Proposed Outsourcing.......................................................................................................6 1.5 Outsourcing Authority......................................................................................................................6 1.6 Descriptions of Available Options......................................................................................................7 1.7 Recommendation Methodology.......................................................................................................7 2 Background...........................................................................................................................................8 3 Revenue, Technology, and Business Model Analysis & Recommendation........................................9 3.1 Description of Current Contract Revenue..........................................................................................9 3.2 Mobile Communications Service Technology- Networks..................................................................13 3.3 Mobile Communications Service Technology- Equipment................................................................14 3.4 Mobile Network Operator versus Mobile Virtual Network Operator.................................................14 3.5 Leverage Existing State Infrastructure.............................................................................................15 3.6 1 n to rope ra b i l ity..............................................................................................................................15 3.7 Security.........................................................................................................................................15 3.8 Operational Support......................................................................................................................16 3.9 Public Safety..................................................................................................................................17 3.10 Compliance...................................................................................................................................17 3.11 Recommended Communication Services Technology.......................................................................17 4 Market Conditions and Trends...........................................................................................................18 4.1 1 ntrod uction..................................................................................................................................18 4.2 Market Conditions and Trends- Networks.......................................................................................18 4.3 Market Conditions and Trends- Equipment.....................................................................................19 4.4 Market Conditions Recommendations............................................................................................19 5 Options & Cost Benefit Analysis.........................................................................................................19 5.1 Business Models for Mobile Communication Services......................................................................20 5.1.1 Insourcing Mobile Network Operator.......................................................................................20 SUNCOM Mobile Communication Services Business Case Page 12 1289 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.1.2 Insourcing Mobile Network Operator as MVNO........................................................................21 5.1.3 Combination Insourcing/Outsourcing......................................................................................22 5.2 Evaluation of the Options for Mobile Telecommunication Services...................................................22 5.2.1 Descriptions of Available Options for Insource and Outsource...................................................22 5.2.2 Description of Options for a Mobile Network Operator.............................................................23 5.2.3 Description of Options for Forms of Procurement.....................................................................23 5.2.4 Assumptions for Options.........................................................................................................24 5.3 Analysis of Advantages and Disadvantages......................................................................................24 5.3.1 Option 1- Insourcing (MNO, MVNO)........................................................................................24 S.3.2 Option 2— Second Brand-MNVO (Air Card Services only) and Branded Reseller-MNVO...............24 5.3.3 Option 3— Branded Reseller-MVNO.........................................................................................25 5.4 Potential Performance Improvements/Service Features...................................................................25 5.5 Cost Benefit Analysis for Each Option..............................................................................................26 5.5.1 Financial Model Base Case......................................................................................................27 5.5.2 Option 1— Insource................................................................................................................27 5.5.3 Option 2— Insource/Outsource (Second Brand/Hybrid Light MVNO)..........................................27 5.5.4 Option 3— Insource/Outsource (Distribution Channel Only)......................................................31 5.5.5 Implementation Timeline for Option 2 & 3...............................................................................34 6 Recommended Option & Detailed Discussion...................................................................................35 6.1 Summary of the Three Options Considered in This Business Case.....................................................36 6.2 Option 1— Insource........................................................................................................................36 6.3 Option 2— Combination Insourcing and Outsourcing (Current MCS Model).......................................36 6.4 Option 3— Combination Insourcing and Outsourcing (Distribution Channel Only)...............................37 6.5 Recommendation..........................................................................................................................37 7 Business Case Recommendations Summary ....................................................................................37 8 State Business Process & Policies.....................................................................................................38 9 Performance Metrics Review.............................................................................................................38 10 Projected Timeframe..........................................................................................................................39 11 Public Records Compliance...............................................................................................................40 12 Contingency Plan................................................................................................................................40 13 Transition Plan....................................................................................................................................41 SUNCOM Mobile Communication Services Business Case Page 13 1290 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 14 American With Disabilities Act Of 1990, As Amended.......................................................................41 15 Contract Provisions.............................................................................................................................42 SUNCOM Mobile Communication Services Business Case Page 14 1291 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1 Executive Summary 1.1 Purpose The Department of Management Services (Department) has gathered information needed for the Department and key stakeholders to make an informed decision related to the Department's options for the procurement of the next generation of mobile communication services (MCS). The goal of the information gathering was to develop a business case providing a recommendation for the best and most appropriate business model and procurement options that provide long-term value to the state. Inspired Technologies, Inc. was contracted to assist the Department's development of this business case in accordance with Section 287.0571, Florida Statutes (F.S.). The statute requires a business case to evaluate feasibility, cost-effectiveness, and efficiency before the state agency proceeds with any outsourcing of services. This business case focuses specifically on three key elements of MCS: (1) current technology options for mobile communication services in parallel with the State needs; (2) data analysis on industry business models which are optimal for next generation MCS; and (3) best practice recommendations for implementation of such technology and the appropriate business model. The current MCS contracts are with multiple service providers to provide wireless voice and data services and equipment, including data cards, tablets, telemetry devices, feature phones, smartphones, and Push to Talk (PTT) phones. In summary, this document provides substantive information that can be utilized to make informed decisions about the future business model and procurement options of MCS. 1.2 Detailed Description of Services Section 287.0571 (4)(a), F. S. - A detailed description of the service or activity for which the outsourcing is proposed. The objective of MCS is to provide SUNCOM customers the ability to purchase wireless voice and data services and equipment, including options for Public Safety Customers. SUNCOM customers are a combination of State of Florida agencies, and Other Eligible Users (OEUs), as defined in Chapter 282, F.S. SUNCOM customers are currently able to purchase from multiple service pricing plans which include voice per minute rates for in-state and out-of-state calls, fixed rate plans, unlimited call packages, data -only plans, voice -only plans, voice and data bundled plans, pooling and non -pooling plans, and group mobile -to -mobile rate plans. SUNCOM customers are able to purchase equipment which includes select free standard cell phones, data -cards, hotspot devices, and PTT phones with associated monthly service plans. Additionally, there are options for discounted phones, smartphones, and data -only devices when required. SUNCOM customers are able to purchase accessories including hands-free kits, belt clips and holsters, cases, face plates, batteries, chargers, vehicle power adapters, and car kits. SUNCOM Mobile Communication Services Business Case Page 15 1292 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1.3 Current Service Performance Section 287.0571 (4)(b), F. S. A description and analysis of the state agency's current performance, based on existing performance metrics if the state agency is currently performing the service or activity. In January 2012, the Department entered into contracts, through a competitive procurement, with AT&T Mobility, Sprint, and Verizon Wireless to establish MCS. The total spending under these contracts is approximately $82 million annually. Verizon Wireless accounts for $70 million, AT&T Mobility accounts for approximately $7 million, and Sprint accounts for approximately $5 million. Having contracts with three services providers enables a SUNCOM customer to choose the service provider which offers the customer the best options. Wireless service geographic coverage varies by service provider, for example, and letting the customer decide which coverage is most beneficial is a great advantage of the multi -contract procurement model. Also, the service providers are incentivized to continue improving their service offerings and adjust pricing to attract and keep customers. 1.4 Goals for Proposed Outsourcing Section 287.0571 (4)(c), F. S. The goals desired to be achieved through the proposed outsourcing and the rationale for such goals. The Department's goals to be achieved in future contracts are: • Determine the best long-term value to the State; • Maintain cost structures with improved service integration; • Ensure adaptability for future technology, customer needs, and evolving industry standards; and • Provide the highest levels of customer service. The current MCS portfolio is utilized throughout the state. As a result, agencies have built processes and dependencies that rely on the portfolio offering that is in service today. Agencies use of these services vary widely depending on the specific mobile communications needs of each specific agency. This requires the MCS vendors to offer broad array of products and services. 1.5 Outsourcing Authority Section 287.0571 (4)(d), F. S.- A citation to the existing or proposed legal authority for outsourcing the service or activity. Pursuant to Section 282.703, F.S., the Department is to design, engineer, implement, manage, and operate through state ownership, commercial leasing, contracted services, or some combination thereof, the facilities, equipment, and contracts providing SUNCOM Network services, and is to develop a system of equitable billings and charges for telecommunications services. The Department's Division of State Technology (DST) is tasked with this mission of providing superior telecommunications services more cost effectively to state and local governments, educational institutions, libraries, and non-profit organizations by achieving economies of scale with enterprise planning and procurement. SUNCOM Mobile Communication Services Business Case Page 16 1293 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1.6 Descriptions of Available Options Section 287.0571 (4)(e), F. S. - A description of available options for achieving the goals. If State employees are currently performing the service or activity, at least one option involving maintaining state provision of the service or activity shall be included. This business case examines options specifically for the scope of continued support, features, and offerings following the expiration of the current MCS contracts in January 2022. The options evaluated are insourcing, performing an outsourced competitive solicitation, and combinations of both outsource and insource. The options are: Insource- Is an organization's performing a service internally. Insourcing is a business decision that is often made to maintain control of critical functions or competencies that are essential to the organization's mission. Outsource - Is the contracting out of a service to a third party. Outsourcing can be a way to take advantage of third -party experience and efficiency. Combinations of Insource and Outsource - Services provided by a combination of existing state employee full-time equivalent (FTE) positions, with vendors providing elements of operations that fall outside of the administrative, physical, or technical capabilities of the Department. This business case examines a competitive procurement option, an Invitation to Negotiate. In Florida, competitive procurement is governed by Section 287.057, F.S., and Rule 60A-1, Florida Administrative Code. The three types of competitive procurement are: Invitation to Bid (ITB) — Used when a state agency provides all technical specifications and awards on lowest price. Request for Proposal (RFP)— Used when a state agency has determined it is not practicable to use an ITB. The state agency provides all technical specifications, and responses are evaluated on the vendor's proposed services and price. Invitation to Negotiate (ITN) — Used when a state agency determines that negotiations with one or more vendors may be necessary to enable the state agency to receive the best value. The best value is based on factors such as price, quality, design and workmanship. This option works best when highly technical or complex services are being acquired. The price structure for services is often negotiated. The current MCS contractswere solicited as an ITN. 1.7 Recommendation Methodology The Department has multiple contracts for MCS that are nearing expiration. This business case examines options and business models for the evolution of MCS, and the advantages and risks of each. The business case takes into consideration the statutory requirements and evaluates whether to insource these services, outsource these services, or to provide these services using a combination of existing Department resources and outsourcing. SUNCOM Mobile Communication Services Business Case Page 17 1294 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Throughout the document, there are numerous recommendations and discussion points for consideration. The business case recommendations can be found in Section 7 Business Case Recommendations Summary. 2 Background Mobile Communication Services Contracts and Portfolio of Products & Services (Prior to 2011): Multiple contracts were made available to SUNCOM customers, separately offering wireless data and voice services: 1. Department of Management Services, State Purchasing, State Term Contract o Wireless Voice Services Contract with Verizon Wireless for cell phones voice only services. 2. Western State Contracting Alliance, Alternate Source Contract o Wireless Voice Services—Contract with AT&T and Sprint/Nextel for cell phones voice only services. 3. Department of Management Services, Division of State Technology, Enterprise Contract o Wireless Data Services— Contracts with AT&T Mobility, Sprint and Verizon Wireless for wireless data services (air cards) Mobile Communication Services Contracts and Portfolio of Products & Services (2012 - Present): Multiple contracts are made available through the Department's SUNCOM offerings. The current MCS service providers are AT&T, Sprint, and Verizon. Each of these contracts provide for the purchase of wireless voice and data equipment, services, and accessories. Public safety options, discussed further in Section 3.9 below, are available to DMS Customers. MCS services are interoperable with other SUNCOM services, including network integration with MyFloridaNet. State agencies have the option to route MCS traffic through their security perimeter to perform additional screening and filtering. The contracts contain stringent Service Level Agreements (SLAs) to manage vendor's service performance and to perform Key Performance Indicators measurements. These contracts provide for the purchase of wireless voice and data equipment, services for data - cards, tablets, telemetry devices, feature phones, Smartphones, BlackBerrys, PTT phones and services, and accessories. Service pricing plans include voice per minute rates for in-state and out-of- state calls, as well as several fixed rate plans, unlimited call packages, data -only plans, voice -only plans, voice and data bundled plans, pooling and non -pooling plans, and group mobile to mobile rate plans. These contracts have been renewed to January 2022. 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M IZIN Lit N M c-1 IM 00 Ln O 00 O M N c-1 V? 01 r- (3) Ol M m in- in- i/)- in tn in t/} in- i/- t/) -Il t/) - LU W W W W W W W W W IV O O O 0 0 0 0 0 0 O J � 0 O � Q Lu w Z c oC 0 < U U v O Q LL LL LL z � as J Q O 0 w LL Qp L/) O o ~ Q � Q O J J LL LL O d L1.1 U N Q m 1..L. CJ O= w aC Ln LL CC= w w 0 W 2 Q w V C) = N 2 OC Lu O z LU LU J LU 2 0 v Ln Q V Q — 0 1-1-1 L u J N g w z m WQ. 0 Q g z J z z m o o0 = g o0 Z0 O U °UzLn r, mLL _ LL `L Q° U O LL a- z0 w 0 Z U U O Q O a U OU -i OU U L41) �i M m N T DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.2 Mobile Communications Service Technology -Networks The wireless industry consistently experiences increasing demand for network functionality. With increasingly versatile internet-enabled equipment such as smart phones, televisions, personal computers, and tablets, consumers have a growing need and demand for immediate access to voice, video, and data services. This demand is driving the wireless industry to support new levels of enterprise productivity for enhanced mobile solutions. Platforms are increasingly open, supporting an explosion of new applications and services directly to the mobile user. Service provider options are multiplying each day as businesses find themselves in a race to capture market share and revenue from new services. Businesses are responding to demand by boosting capabilities and introducing new technology as quickly as possible. Capital investment in network development and infrastructure has risen to unprecedented levels. This includes upgrading core network transport capacity, growing high-capacity access in major metropolitan areas, extending fiber optic lines closer to consumers, adding high-speed residential broadband technology to legacy phone networks, and improving content serving and distribution technologies2. The wireless industry is currently using Fourth-generation, Long -Term Evolution (4G LTE), technology, as defined by the radio sector of the International Telecommunication Union (IUT- R). These standards were set in March 2008. For mobile use, including smartphones, and other internet-enabled equipment, connection speeds need to have a peak download speeds of at least 100 megabits per second, and for more stationary uses such as mobile hotspots, at least 1 gigabit per second. Global capital spending on fifth -generation (5G LTE) technology is increasing much like the marketplace experienced with the evolution of 4G LTE technology. Today, 4G LTE provides the framework for the fastest connection available for wireless networks, which varies based upon wireless carrier and service topology. As the next evolution comes to reality, increased connection speeds and capabilities will improve as well. 5G LTE technology will utilize unique radio frequencies not used currently in 4G. 4G networks use frequencies below 6 GHz, and 5G will likely use extremely high frequencies in the 30 GHz to 300 GHz range. These higher frequencies are less congested with existing cellular data and will support a larger capacity for data. At its peak, 5G can be up to 20 times faster than 4G. Limited 5G demonstrations have taken place, with carriers anticipating the 5G release in test markets in late 2018, increasing the release in 2019 through 2020. Some projections forecast that demand for additional network capacity will increase 25 -fold over the next 3 years3. Each major improvement in network speed and capacity generates new services, devices, and applications that raise consumer expectations, using up the added capacity and creating the requirement to add even more capacity. For telecommunications, the standard will be continuous waves of increased demand and increased network capacity. Improved coverage throughout the state remains a high priority for customers. Customers expect coverage not only in metropolitan areas with multiple carrier options, but also in rural and coastline areas. Currently service is provided by multiple carriers utilizing 3G and 4G LTE technology. Where coverage challenges exist in rural areas, coverage may be reduced to a SUNCOM Mobile Communication Services Business Case Page 1 13 1300 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 single carrier providing 3G technology, which does not provide the latest technical and is sometimes limited in data service capabilities, meaning data applications on smartphones do not work as expected. Coupled with the demand for improved rural coverage is the demand for improved coverage within buildings. A barrier to this is building penetration, which is continually hampered by thick concrete and steel structures. To address this issue, many buildings are being equipped at the time of new construction or retro fitted with Distributed Antenna Systems (DAS) to extend coverage inside a building. As the evolution from 4G to 5G takes place over the coming years, the state should see improvements in this particular area due to the increased density of towers and small cell deployments, which is a requirement forthe implementation of 5G technology. 3.3 Mobile Communications Service Technology -Equipment Equipment available under the current MCS contracts includes cellular phones, smartphones, data -cards, tablets, telemetry devices, feature phones, and push -to -talk phones. Associated accessories are also available, which includes hands-free kits, belt clips and holsters, cases, face plates, batteries, chargers, vehicle power adapters, and car kits. During the duration of new MCS contracts, equipment must be compatible with the latest generation of wireless communication. The Department will need to ensure access to future releases of cellular phones and other internet-enabled equipment are compatible with 5G networks and other future generations of wireless networks. This should include devices that are band 14 enabled or otherwise appropriate for Public Safety Customers. As the industry continues to see growth and development of new cellular phone features with other internet-enabled technology, emerging technologies may be incorporated into future cellular phone releases including facial recognition technology, augmented reality, improved durability, and longer battery life'. 3.4 Mobile Network Operator versus Mobile Virtual Network Operator A mobile network operator (MNO) is a wireless telecommunications provider that owns, manages, and controls all elements necessary to implement, sell, and deliver mobile services to the customer. These elements include radio spectrum allocation, network infrastructure, billing support resources, customer service resources, handset management, provisioning of software, and distribution channels for product and service delivery. In addition to obtaining market share by offering its own services an MNO may also allow or sell access to network services at wholesale rates to mobile virtual network operators (MVNO). MVNO platforms do not supply spectrum, network routing and interconnectivity, but they provide application services, customer care, billing, handset management, and distribution channels for products and services. Also, commonly handled within the MVNO framework are "second brands" of incumbent MNOs and "branded resellers" that resell an MNO's products and services i htt s:././"` :. M� ill baasin ssinsu hts.�oim �f3�. L3]. futuire-�e�hnaallo-�a�-mabil hcanes rnrlhat coin aaaa ex pct-taa s p......../../......................................................................................................................................./............./.....................................................................X................................................4........................................................................Y......................... p............................................... ......m ah..... ;wo.r,Id,; scan .,L2.s ; (1 /, SUNCOM Mobile Communication Services Business Case Page 1 14 1301 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 under their own brand and are essentially a specialized marketing and sales distribution channel. The current DMS MCS model is essentially an MVNO hybrid of second brands and branded reseller. DMS acts as a branded reseller for all products in the MCS platform exceptfor air card services. For the air card services platform DMS provides customer support, billing, handset management, and distribution and sales. 3.5 Leverage Existing State Infrastructure Currently there is no state telecommunications infrastructure that is used forthe mobile communication services platform. 3.6 Interoperability Network interoperability has become increasingly important in the telecommunications industry. The basic idea behind interoperability is the ability for two or more networks, systems, devices, applications or components to communicate. With respect to the telecommunications industry, interoperability refers to the interworking of telecom services over multi -vendor, multi -carrier inter -connections. As networks continue to grow and diversify with the 5G and IoT era on the horizon, it is important they can interoperate to enable end-to-end communication. Devices can interoperate with other devices either by adhering to a common protocol standard, abiding by a published interface standard or situating a gateway between them capable of translating each device's protocols. These common protocol standards serve as a platform for manufacturers, which note all the necessary components for interoperability into various systems and products.2 Although interoperability has improved in the telecommunications industry, service providers are continuing to work towards interconnection of 5G and IoT devices through network infrastructure enhancement and uniformity of standards. 3.7 Security Service Providers must provide device and network security, and responsiveness to ever changing security risk in today's telecommunication environment. Threats to the government's use of mobile devices are real and exist across all elements of provider networks and mobile devices. The stakes for government users are high. Government mobile devices — despite being a minor share of the overall market— present an avenue to attack back -end systems containing data on Floridians in addition to sensitive information relevant to government functions. Mobile devices hold significant amounts of sensitive information, whose compromise could adversely impact State and OEU operations. Additionally, databases controlled by the State and OEUs hold tremendous amounts of personally identifiable information that could be used to compromise financial wellbeing, privacy, or identity. Threats range from advanced attacks, to organized crime using advanced fraud technologies, to simple theft of mobile phones. The threats to government users of mobile devices include the 2 RCRWireless News (April 2018) The Role of Network Interoperability in Telecommunications. Retrieved on January 28, 2019 at h;tl,ps.;:....(�nr nr nrrc,rtnr%r less„ , m/1 1 ,C1 ];[3,/the.:::role.. o;(:::inetins,rlk..:.interea,p�,lrabi,l,ity::;i.n.::: tellecomm,u,nj aticnS.::La.� .7.:::�a�,�9„9. SUNCOM Mobile Communication Services Business Case Page 1 15 1302 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 same threats that target consumers, e.g., call interception and monitoring, user location tracking, attackers seeking financial gain through banking fraud, social engineering, ransomware, identity theft, or theft of the device, services, or any sensitive data. Government users may be subject to additional threats simply because they are government employees. Areas of security vulnerability include: • Mobile device technology stack, including mobile operating systems and lower level device components • Mobile applications • Networks (e.g., cellular, Wi-Fi, Bluetooth) and services provided by network operators • Device physical access • Enterprise mobile services and infrastructure, including mobile device management, enterprise mobile app stores and mobile application management Guidance and best practice is identified for providers and customers through the U.S. Department of Commerce, National Institute of Standards and Technology, other government agencies, non-government organizations and private industry. Although security has improved, significant improvements still need to be made in this area as well as hardening on the new 5G network protocols, which are currently in development3. 3.8 Operational Support Operational support has transformed to meet the consumer's increasing needs related to increasing complex technology. Many service providers are now able to allow customers to self -manage account profiles and utilize self-service tools via online portals. This allows customers to self -manage inventory management, security management, policy management, and support management, which is not always appropriate for all customers depending on their technical staff and complexity of their needs. Customer care and operational support is provided in all service levels of the MNO and MVNO framework except for the branded reseller platform which focuses only on distribution. The Department should require operational support for all operational needs including billing and technical support. The expectations of a service provider include trouble ticket systems, access to skilled technicians, access to skilled billing staff, policy enforcement, quality control and assurance, monitoring tools, and performance reporting. Service provider should allow customers the option to self -manage accounts. Service provider should function to a world class standard of customer focused service delivery, consistently striving for customer satisfaction that evolves with the technology overtime. 3 United States Department of Homeland Security (April 2017). Study on Mobile Devices. Retrieved on August 15, 2017 at htt s. wvrw.dhs..ov sates cNeFault fides ublications DAIS%20Stud%20oimla2®Mobille%20Device��2OSecuiril °/a20 p......../../..................................................../...................../..................................................p......................................................................................................!.............................................................................................................................................................................Y........................ E(1%202:0.1:..7.:::( �,N I:::...p . SUNCOM Mobile Communication Services Business Case Page 1 16 1303 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3.9 Public Safety Mobile technology continues to play a key role in today's public safety network. Service providers are working with the public safety community on enhanced emergency and first responder features. FirstNet was established by the Middle Class Tax Relief and Job Creation Act of 2012 ("Act"). Under the Act, FirstNet is responsible forensuring that all components of the Nationwide Public Safety Broadband Network (NPSBN), are built, deployed, operated, and maintained. The NPSBN provides services to public safety entities throughout the nation. FirstNet is an independent federal authority with a statutory duty and responsibility to take all actions necessary to ensure the building, deployment, and operation of the NPSBN based on a single, national network architecture. Mobile providers are now working to build out public safety networks, including FirstNet, dedicated to first responders. Key elements of the public safety networks are developed to enable first responders to communicate and coordinate during emergencies, large events, or other situations where commercial networks can become congested. Therefore, focus has been placed on priority and preemption, which allows providers to shift commercial traffic to other areas of their respective networks, allowing first responders seamless communication. 3.10 Compliance The Federal Communications Commission (FCC) mandates all mobile network operators and all mobile virtual network operators comply with standards and requirements defined for all telecommunications service providers. Compliance with all Federal Americans with Disabilities Act (ADA), Health Insurance Portability and Accountability Act (HIPAA) and Communications Assistance for Law Enforcement Act (CALEA) must be maintained. In addition to Federal mandates, state and local regulatory requirements must also be met to provide services within a given geographic region as appropriate. 3.11 Recommended Communication Services Technology The following recommendation is provided for the MCS platform: 1. The Department should embrace solutions that allow the MCS contracts to easily evolve with changing technology and industry offerings without delays in service offerings. 2. The Department should ensure providers are ready to offer mobile communication network capabilities to all users with minimal cost related to new mobile devices and demonstrate a commitment to offer the latest generation of technology throughout the life of the contract. SUNCOM Mobile Communication Services Business Case Page 1 17 1304 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 3. The Department should work with service providers to ensure network and mobile device security continues to develop in accordance with security related standards and best practices. 4. The Department should support customers in managing security practices within their control. 5. The Department should ensure providers are able to offer a wide variety of equipment and accessories, fulfilling the diverse needs of the MCS customers. 6. The Department should ensure providers are able to offer world class customer service. 7. The Department should ensure public safety spectrum networks are offered by service providers to appropriate eligible users. 4 Market Conditions and Trends Section 287.0571 (4)(g), F. S. A description of the current market for the contractual services that are under consideration for outsourcing. 4.1 Introduction This analysis is intended to meet the statutory requirement of Section 287.0571(4)(g), F.S., which requires "a description of the current market for the contractual services that are under consideration for outsourcing." Information used forthis analysis was gained through a number of methods and sources including: • Discussions with the Department's staff and management; • Review of extensive data and information provided by the Department regarding SUNCOM operations and billing; • Review of current MCS contracts including amendments; • Research on evolving mobile communication service offerings of large providers; • Review of industry research 4.2 Market Conditions and Trends - Networks The mobile communications industry has evolved drastically over the past 10 years as data driven customers with numerous technical devices consume more bandwidth. During this time, mobile network operators (M NO) have expanded their service offerings and overhauled their price plans to meet explosive demand, while rising capital expenditures underline the ongoing need to upgrade network capabilities. The mobile communications industry will continue to evolve over the nextfew years and beyond. Boundaries will blur among product categories as a SUNCOM Mobile Communication Services Business Case Page 1 18 1305 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 range of industry actors shape customer demand. New partnerships will play an ever more important role in driving new technology and innovation. The push forthe next evolution of mobile technology is the consumers desire to seamlessly transition between voice and data capabilities ubiquitously as they move from location to location utilizing mobile and Wi-Fi services. As seen in the migration from 3G to 4G, the 5G technology is predicted to drastically increase data usage per user. Future networks will require fast rollouts, significant capacity, agile, flexible, on -demand and software -oriented telecommunication technologies. 4.3 Market Conditions and Trends - Equipment Demand for internet-enabled equipment, including smartphone, tablets, laptops, and public safety equipment, continues to grow. Market penetration by cheaper imports is increasing. These imports are both manufactured and distributed by foreign companies, as opposed to domestic smartphones, which are still manufactured by foreign companies but marketed and distributed by domestic companies. Foreign manufacturers are actively producing lower-priced smartphone models to siphon off a share of the lucrative US smartphone market. Thus, buyers have a wider range of products and prices to choose from, which boosts competition and buyer power. In addition, the influx of imports has forced larger suppliers to develop their own cheaper alternatives to remain competitive at the low end of the market. Buyers of internet-enabled equipment have also been benefiting from low price volatility during the past three years. Although smartphones are costly, low price volatility indicates that buyers need not worry about sudden price shifts. Furthermore, even though vendors release newer and costlier versions of smartphones annually, increasing market saturation will limit price growth in the coming years as consumers become less willing to pay more for cosmetic updates. 4.4 Market Conditions Recommendations The following recommendations are based on market conditions: 1. The Department should consider established wireless carriers, and wireless carriers that are emerging in the market that could possibly provide lower cost options. 2. The Department should consider tiered volume -based options with wireless carriers, creating the opportunity for discounts. 3. The Department should consider a wide range of equipment to cover basic and high- end mobile capabilities. 5 Options & Cost BenefitAnalvsis Section 287.0571 (4)(h), F. S. A cost -benefit analysis documenting the direct and indirect specific baseline costs, savings, and qualitative and quantitative benefits involved in or resulting from the SUNCOM Mobile Communication Services Business Case Page 119 1306 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 implementation of the recommended option or options. Such analysis must specify the schedule that, at a minimum, must be adhered to in order to achieve the estimated savings. All elements of cost must be clearly identified in the cost -benefit analysis, described in the business case, and supported by applicable records and reports. The State agency head shall attest that, based on the data and information underlying the business case, to the best of his or her knowledge, all projected costs, savings, and benefits are valid and achievable. As used in this section, the term "cost' means the reasonable, relevant, and verifiable cost, which may include, but is not limited to, elements such as personnel, materials and supplies, services, equipment, capital depreciation, rent, maintenance and repairs, utilities, insurance, personnel travel, overhead, and interim and final payments. The appropriate elements shall depend on the nature of the specific initiative. As used in this paragraph, the term "savings" means the difference between the direct and indirect actual annual baseline costs compared to the projected annual cost for the contracted functions or responsibilities in any succeeding State fiscal year during the term of the contract. Consideration of options for procurement of MCS was performed after careful review of mobile telecommunications markets and trends, from both a State of Florida perspective and nationally. Based on this understanding of markets and trends; the following analysis reviews a variety of factors, such as: budgets, resources, stability, reliability, cost, risks, time to implement, and simplification opportunities. 5.1 Business Models for Mobile Communication Services 5.1.1 Insourcing Mobile Network Operator The business case is required to consider as an option insourcing of MCS, examining whether feasibility, cost-effectiveness, and efficiency is not better obtained by the Department directly delivering services. Insourcing would require the assets, capabilities and staff to construct and operate a Mobile Network Operations (MNO) platform forthe State of Florida. This would require DMS to become one of the largest mobile telecommunications operators in Florida, in direct competition with service providers such as AT&T, Sprint, T -Mobile, and Verizon. The Department would be required to: • Negotiate interoperability with other national providers to allow for roaming; • Establish a radio access network and acquire license for the use of needed spectrum. Since 1994, the Federal Communications Commission (FCC) has conducted auctions of licenses for electromagnetic spectrum. The Department would need to become a qualified bidder. The electromagnetic spectrum the Departmentwould require would not necessarily be available for purchase through auction. The recent FCC Auction 73: 700 MHz Band received bids for geographic areas including the State of Florida, with gross bids of $19.2 billion 4; • Establish of network -to -network interfaceswith every local incumbent local exchange carrier in the State of Florida, as well as for other originating and terminating carriers such as long-distance service providers. • Purchase and implementvoice transport infrastructure services, including the design and buildout of cell phone towers across the State of Florida. The costs would include 4 h;tt,s,,((wnrvu;F,;;au,/auci ln,�73, SUNCOM Mobile Communication Services Business Case Page 120 1307 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 an initial investment in obtaining land through purchase or lease, building new cell phone towers, and ongoing operation and maintenance costs associated with the towers; • Purchase and install operational support systems which support all back-office systems associated with operating the MCS network, including administrative and other reports, facilities and maintenance, rating and billing functions; • Purchase and install business support systems which support all front office systems associated with operating the MCS network, including customer service representatives; • Provide professional staffing for management functions not present today at the Department including regulatory filings, FCC reporting, Public Service Commission reporting, carrier relations and the like; • Provide operations staffing for a statewide network including billing, provisioning, maintenance and repair, and the Network Operations Center; • Establish a NOC, which includes the staffing mention above, and also contact center voice equipment and services. A NOC required for these services would include highly skilled multi-lingual contact center agents, and escalation to technically skilled contact center agents. There would also be a cost for the office space required for the contact center agents and supervisors; and • Negotiate contracts with device manufacturers for the purchase of devices. Under this option, the costs to establish a large new statewide MNO are overwhelming and involve considerable risk. For these reasons this insource option is not recommended and is not considered further in this business case. 5.1.2 Insourcing Mobile Network Operator as MVNO A second "insourcing" consideration is the development of a Mobile Virtual Network Operator (MVNO). An MVNO provides mobile services to end-users without owning its own frequency spectrum or network infrastructure, as it buys such capacity from a host MNO. As an MVNO, the Department would not own and operate a network but would still be required to: • Purchase and install operational support systems which support all back-office systems associated with operating the MCS network, including administrative and other reports, facilities and maintenance, rating and billing functions; • Purchase and install business support systems which support all front office systems associated with operating the MCS network, including customer service representatives; • Provide professional staffing for management functions not present today at the Department including regulatory filings, FCC reporting, Public Service Commission reporting, carrier relations and the like; • Provide operations staffing for a statewide network including billing, provisioning, maintenance and repair, and the Network Operations Center; • Establish a NOC, which includes the staffing mention above, and also contact center voice equipment and services. A NOC required for these services would include highly skilled multi-lingual contact center agents, and escalation to technically skilled contact center agents. There would also be a cost for the office space required for the contact center agents and supervisors; and • Negotiate contracts with device manufacturers for the purchase of devices. SUNCOM Mobile Communication Services Business Case Page 121 1308 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Under this option, the costs to establish an MNVO are lower than an MNO, but are substantial and involve considerable risk. For these reasons this insource option is not recommended and is not considered further in this business case. 5.1.3 Combination Insourcing/Outsourcing The Department is acting as a "second brand MVNO" for air cards, and as a "branded reseller MVNO" for all other equipment and services. Today, the Department operates its air card platform as a second brand-MNVO by providing customer care including device activation. DMS originally selected this model to ensure security for air cards. These security techniques include IP address management and isolation of customer traffic via closed user groups. Closed user groups are the segregation of traffic into steams which are only visible to that specific customer. DMS also provides billing and device management for its air card platform. However, the remaining MCS platform is provider managed and the Department only provides a distribution channel for those products and services. Second Brand-MVNO is a model that provides customer care, billing, handset management, and distribution. This platform allows for market participation without spectrum and technical value add including interconnectivity and application development. Branded Reseller-MVNO is a model where the MVNO provides only the distribution channel for products and services. All other support functions are handled by another MVNO or MNO. This is the most flexible and risk adverse platform in the MVNO model. 5.2 Evaluation of the Options for Mobile Telecommunication Services The following is the evaluation of options available to the state for services similar to MCS: 5.2.1 Descriptions of Available Options for Insource and Outsource Section 287.0571 (4)(e), F. S. - A description of available options for achieving the goals. If State employees are currently performing the service or activity, at least one option involving maintaining State provision of the service or activity shall be included. This business case examines three options specifically for the scope of continued support, integration, and installation of MCS and ancillary features/capabilities following the expiration of the current MCS contracts. Insource, Outsource, Insource/Outsource Combination Insource- Is an organization's performing a service internally. Insourcing is a business decision that is often made to maintain control of critical functions or competencies that are essential to the organization's mission. Outsource - Is the contracting out of a service to a third party. Outsourcing can be a way to take advantage of third party experience and efficiency. Combinations of Insource and Outsource - Services provided by a combination of existing state employee full-time equivalent (FTE) positions, with vendors providing SUNCOM Mobile Communication Services Business Case Page 122 1309 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 elements of operations that fall outside of the administrative, physical, or technical capabilities of the Department. 5.2.2 Description of Options for a Mobile Network Operator The options for procurement of MCS capability that are evaluated in this business case are: 1. An option based on insourcing whereby the Department creates a Mobile Network Operator and manages all mobile communication functions, like the operations of a competitive mobile network carrier. For reasons described above, Sections 5.1.1 and 5.1.2, are not further considered in this business case. (MNO, MVNO)— Option 1 2. An option based on a combination of insource/outsource whereby the Department outsources the significant mobile communication functions and uses a second brand MVNO platform to manage customer care, billing, and equipment management for air card service only and provides only a distribution channel for the mobile network provider's products and services. This is DMS' current model (Second Brand-MNVO and Branded Reseller-MVNO). —Option 2; and, 3. An option based on a combination of insource/outsource whereby the Department outsources all the mobile communication functions and acts only as a brand reseller providing only a distribution channel forthe mobile network provider's products and services, including air cards. (Branded Reseller- MVNO)—Option 3 5.2.3 Description of Options for Forms of Procurement Competitive Procurement - Section 287.057, F.S., and Department of Management Services (DMS) Rule 60A-1, Florida Administrative Code, provides: Invitation to Negotiate (ITN) — Used when the agency knows the desired end result but is not sure how to get there; or, there are many ways to get to the end result; or, the qualifications of the provider and quality is more important than price. This option works best when highly technical or complex services are being acquired. The price structure for services is negotiated. Invitation to Bid (ITB) — Used when the agency knows exactly what it wants. Price is the determining factor in the award. Request for Proposal (RFP) — Used when the agency has a general idea of what it wants. Services and price are evaluated. These procurement options are within the scope for outsourcing as required by Chapter 287.0571, F.S., and represent common procurement options utilized by the state for similar needs. This business case recommends an ITN as the best procurement option but leaves that determination to Executive Leadership. The services contemplated within this business case are highly technical which limits the Department's ability to establish precise specifications or specifically define the services and identify necessary deliverables. Pricing will not be the sole determining factor in determining a contract award and the Department desires the ability to negotiate the best method of service delivery. SUNCOM Mobile Communication Services Business Case Page 123 1310 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.2.4 Assumptions for Options The financial modeling presented in this business case uses the "combination insource/outsource" framework. 5.3 Analysis of Advantages and Disadvantages Section 287.0571 (4)(f) - An analysis of the advantages and disadvantages of each option, including, at a minimum, potential performance improvements and risks. Advantages and disadvantages, including risks, for the alternative options as compared to continued separate mobile communication services contracting, and to each other, are as follows. Additional risk analysis are contained within each option and discussed in Sections 5.3.2 and 5.3.3. Potential performance improvements are discussed in Section 5.4. 5.3.1 Option 1 - Insourcing (MNO, MVNO) For reasons described in Section 5.1 .1 and 5.1.2, this option is not considered further in this business case. 5.3.2 Option 2 —Second Brand-MNVO (Air Card Services only) and Branded Reseller - M NVO Option 2 is a combination of insource/outsource functionality whereby DMS outsources the physical network associated with the mobile telecommunications services platform and collaborates with the service provider on service plans for contract cost and user pricing. The Department insources billing, and hardware management of the air card service, and provides the distribution channel for the vendor's products and services (excluding air cards). Advantages • Continues current operating mode, practices, and service provisioning; • Customers experience the same usage patterns and usage -based charging patterns as under current MCS contracts; • Minimizes additional capital expenditures by DMS and MCS customers, since investment, capacity, and technology evolution are managed by the service provider; • Customers experience the same billing and administration; • Provides greater assurance of achieving required SLAs managed by selected service provider. Disadvantages or Potential Concerns • Reporting capabilities may be limited in information, which hampers DMS analysis on services. Risks • DMS identified no risk with this option. SUNCOM Mobile Communication Services Business Case Page 124 1311 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.3.3 Option 3 — Branded Reseller-MVNO This option is a combination of insource/outsource functionality where DMS outsources the physical network, operations, and billing. In this model DMS acts as a branded reseller providing only a distribution channel for the vendor's products and services. Advantages • Customers experience the same usage patterns and usage -based charging patterns as under current MCS contracts • Potential for lower overall pricing based on aggregation of usage and negotiation of commitment levels and pricing fortiered levels of utilization, similar to the mobile wireless data pricing model; • Minimizes additional capital expenditures by DMS and MCS customers, since investment, capacity and technology evolution are managed by the service provider; • Provides greater assurance of achieving required SLAs managed by selected service provider. Disadvantages or Potential Concerns DMS would be required to create a process with the Vendor for the management of closed user groups. Customers have to review air card charges on their bill without DMS review. Risks • Since DMS would no longer control the service, there would bean implementation and transition risk when transitioning air card services. • There is a potential security risk if DMS does not administer the air cards and the closed user groups. 5.4 Potential Performance Improvements/Service Features The Department should consider the following service improvement and service features. • Future contracts should continue to allow for evolution of service and equipment technology, enabling the contract to evolve with new technology. • Future contracts should continue to allow platform flexibility, scalability, and support for industry standards, enabling a seamless integration of third -party technologies and applications. • Future contracts should have higher statewide coverage through multiple carriers. Providers should offer multiple solutions, including equipment for coverage and building penetration. Equipment offeringsfor improving building penetration should be vendor neutral and at minimum to no cost for customers. • Future contracts should require detailed reporting capabilities allowing DMS to evaluate the entire product and service offerings for future MCS platform evaluation. SUNCOM Mobile Communication Services Business Case Page 125 1312 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 • Future contracts should continue to require a combination of feature rich equipment and basic low-cost options and provide a comprehensive suite of enhanced services fulfilling the customer's diverse needs. • Future service delivery should include voice services over Wi-Fi service connections. • Future service delivery should have a consideration of technology evolutions in public safety communication services. • Future service delivery should provide the capability for all aspects of the service to be partitioned to provide a scope -of -view and scope -of -command, allowing network administrators (user agents) to manage all their devices. • Future contracts should include a high standard of measurable, achievable and motivational Service Level Agreements for DMS and its customers, supported by a tool set for monitoring service levels, and backed up by appropriate financial consequences. • Future contracts should continue to require a waiver of vendor's service activation fees. • Future contracts should provide for service plans for both work and personal accounts. • Future contracts should provide discounts for volume purchases. • Future contracts should allow forfrequent equipment upgrades at minimal to no cost to customers. • Future contracts should provide options for equipment and lower cost devices from emerging brands. • Future contracts should increase the standard for operational support, achieving a world class standard of customer service delivery. • Future contracts should increase the standard for equipment warranties, simplicity of repair, and replacement forfaulty equipment. • Future contracts should require detailed commitment on data utilization, allowing for limited and unlimited data, data limits, data throttling, waivers on data limits for Public Safety plans, and sharing data limits in aggregation across devices. 5.5 Cost Benefit Analysis for Each Option The Department of Management Services uses a margin percentage to markup costs from the MCS services provider and related ancillary service devices to recover internal DMS costs. The optional services and features of MCS are material to the financial analysis on a separate basis, and are not addressed as separate line items, but instead are included in service model revenues. The financial analysis compares the options and provides financial metrics to determine which options will: 1. Maintain low costs for DMS in procuring and managing services; 2. Maintain low costs for agencies utilizing MCS; and 3. Provide the greatest benefit for the least cost. The financial analysis included: 1. Revenue — both air card revenue and all other revenue SUNCOM Mobile Communication Services Business Case Page 126 1313 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2. Direct Costs — direct costs of vendor payments for air cards, infrastructure adjustment, salary and benefits, data processing, and non -salary overhead. 3. Indirect Costs - included salaries and benefits, expenses, contracted services. 4. Net Revenue — includes potential rebates and other adjustments 5. Net Revenue, Post Rebate -Operations Balance — adjusted for customer rebates with a buffer for maintain operational payment and cost control The analysis forecast the models with the cost recovery rate at either one, one and a half, two, or two and a half percent, which is adjusted in the net revenue with varying customer rebates. An operations revenue buffer of $850,000 annually is assumed to be maintained for operational payment and cost control. 5.5.1 Financial Model Base Case This business case analysis first establishes a baseline of DMS' current business and financial environment for MCS, determined from historical business and financial data provided by DMS staff, including historical volumes, costs, revenues and vendor contracts. In modeling the various business case options, historical data was utilized to build an understanding of the fiscal flow of revenue and cost for the service. The model reviews the total volume, revenue, and cost for the services utilized by the agencies through this contract. Service Forecasts were developed over the 10 -year period from the date of MCS contract execution corresponding to fiscal year 2021-2022 through fiscal year 2031-2032, which includes a 5 -year renewal period. Based on projections for DMS' MCS Services, direct and indirect costs were forecasted over the 10 -year period. These projections were compared against the baseline scenario (which forecasted no changes to existing contracts, pricing, or DMS' business model) to determine the potential cost savings to DMS and to its customers. Options 2 and 3 were also compared against each other to determine which Option resulted in the lowest cost. Overtime, DMS may achieve cost savings to the state through migration and integration of newer technologies solution that achieve improved abilities to pass on reductions to the end customers. 5.5.2 Option 1 — Insource For reasons described Section 5. 1.1 and 5.1.2, this option is not considered further in this business case. 5.5.3 Option 2 — Insource/Outsource (Second Brand/Hybrid Light MVNO) Option 2 represents the current MCS platform. DMS acts as a branded reseller for all products in the MCS platform except for air card services. For the air card services platform DMS provides customer support, billing, device management, distribution and sales. In the mobile communication market, DMS is acting a second brand or light mobile virtual network operator (MVNO) for air card, and as a "branded reseller MVNO" for all other equipment and services. This platform is an intermediate model between a branded reseller (Option 3) and a fully defined light MVNO. It allows control of distribution channels, increased level of control over back office processes, billing, device management, and value-added services definition and operations for SUNCOM Mobile Communication Services Business Case Page 127 1314 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 air card services. The current MCS platform manages many of these aspects as they relate to MCS air card services. Currently there are 7,956 air card devices that have been issued. 5.5.3.1 Technology Requirements Option 2 envisions current technology requirements to remain the same as it is in the current contracts, however future contracts should allow for flexibility to allow for emerging technologies throughout the life of the contract. All MCS products and services are technically supported by the mobile communications provider exceptforair card services. Today air card services are supported by both the mobile communications provider and DST. Support regarding the air card device or service is handled by the mobile communications provider. Support for system configuration and closed user group access is provided by DST. The current MCS contract addresses the following technical requirements. • Voice Services • Wireless Data Services • Transmitted Data Security • Closed User Group (Supported by DMS internally) • State Provided IP Addresses (Public and Private) • Wireless Device IP Routing Scheme • Service Provider Furnished Public Routable IP Address Space • Entity Specific Circuit • Wireless Router and/or WWAN Modem • Emergency Operations Features • Security Feature Set • Service Grade • Authentication • Activity User Log • Text Message Service • Message Logging • Tracking Geographical Device Services • Wireless Applications • Voice and Data Coverage Maps • Roaming • Network Neutrality • Priority Connection Services • Applicable Test Plan • Data Monitoring Suite • Voice Monitoring Suite • Voice Handheld Devices • Minimum Technical Requirements • Data Devices • Text Devices • Helpdesk Services SUNCOM Mobile Communication Services Business Case Page 128 1315 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 • Network Trouble Reporting • Client Testing and Evaluation • Operational and User Guides • Escalation Requirements and Procedures • Planned Outage Notification • Unplanned Wireless Outage Notification • Existing Wireless Data Customer Migration 5.5.3.2 Billing Option 2 envisions billing to remain the same as it is in the current state. All MCS products and services are directly billed from the mobile communications provider except for air card services. Today air card services are managed and billed within DST and this accounts for on average 385 invoices a month. 5.5.3.3 Customer Service Option 2 envisions customer service to remain the same as it is in the current state. All customer service needs related to MCS products and services are handled by the mobile communications provider except for air card services. Today select air card services are managed within DST. This select service is considered the closed user group and currently makes up 148 air card users. Support and maintenance of this user group service is handled by DMS internally. 5.5.3.4 DMS Role The DMS role will remain the same as it is in the current MCS platform. DST will continue to work with its MCS customers and service providers to provide the best mobile communications network. 5.5.3.5 Direct & Indirect Cost In addition to the Direct and Indirect Costs listed in Section 5.5 above, Option 2 envisions DMS staffing time forthe air card billing process, in addition to the DMS staffing time required for contract management and monitoring that would be required for both 2 and 3. 5.5.3.6 Overall Cost To comply with the statutory requirement to "develop a system of equitable billings and charges for telecommunications services" stated in subsection 282.703(2), F.S., SUNCOM uses administrative cost recovery rates which are assessed for each SUNCOM service. Approximately 93.7 percent of SUNCOM's costs are payments to contracted telecommunications vendors. The remaining 6.3 percent of SUNCOM's costs are the costs of engineering, designing, procuring, ordering, installing, monitoring, auditing, invoicing, and managing these SUNCOM services. These support services are funded through the imposition of the administrative cost recovery rates, which are added to vendor charges for SUNCOM services. Some SUNCOM services bear more of these costs than others based upon the relative share of support service resources committed to sustaining the service, and so have a higher rate. The underlying goal of the cost recovery model is to ensure the solvency of the Communications Working Capital Trust Fund. Since 2012, the rate charged SUNCOM Mobile Communication Services Business Case Page 129 1316 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 to SUNCOM's Wireless Data Service customers have been between two and a half to three percent of the Customer's monthly invoice amount. Quarterly, DivTel reviews a report showing the profitability of services based on service utilization and service costs. To address any inequity identified upon review of these figures, rate reductions and customer credits are used. A customer credit is a one-time liquidation of excess revenue without any associated rate reduction. Customer credits are issued to air card customers when a service achieves unanticipated excess revenue over expenses. Through customer credits, SUNCOM can ensure equitable billings without risking its ability to sustain a service over the longer term. The SUNCOM'S Wireless Data Service is a stable service with low overhead and air card customers have received customer credits over the years. A reduction in the cost recovery rates associated with SUNCOM's telecommunications services results in recurring cost avoidance to the existing customers of the affected service. Such a reduction also represents costs avoided by future customers of the service. The recurring nature of the fiscal impact associated with a cost recovery rate reduction requires that adequate consideration be given to both existing and future market conditions associated with the SUNCOM service. With the maturity and growth of SUNCOM's Wireless Data Service, we are experiencing an increase in revenues. 5.5.3.7 Potential Savings It is anticipated that over the life of the new MCS contract that cost avoidance will be achieved through leveraging State buying power and continuing to maintain lower costs than available commercially, including volume discounts, and the continued availability to the State of emerging and evolving technology surrounding mobile communications. 5.5.3.8 Transition Costs/Considerations There are minimal transition cost risks considered in Option 2 as this option leaves MCS in its current state. Should the future procurement not result in a contract, or contracts, with one of the current incumbent providers, there may be costs associated with transition for end users with "locked" devices (devices that only work on a specific provider's network), along with DMS staff and customer time. 5.5.3.9 Total Estimated Cost over 10 Years Overall Cost for Option 2 is expected to be $36.7 million over the 10 -year period from execution of the MCS contract in July 2020 through FY 2031-32. 5.5.3.10 Risk Analysis Risk analysis of MCS platform remaining in its current state. In maintaining the current model of multiple contracts for MCS with the possible entrance of new providers and new emerging technology may create significant risks and required efforts on both the enterprise and customer side. Some of the emerging technology may include 5G network and related technology offerings, emerging public safety integration, device transitioning, and future technological innovations. SUNCOM Mobile Communication Services Business Case Page 130 1317 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The most significant risks and required efforts are on the customer side of transitioning to a new or different MCS platform. Each agency will be required to assess current capabilities and requirements for transition to a new or different MCS platform. Standards, methods, and practices for transition to a new or different MCS platform have been developed through experience by all large carriers who have accomplished this transition for other enterprise customers besides the State of Florida. Furthermore, some additional training of agency IT staff may be required, but it is anticipated that this can be provided overtime. Also, with this option the lack of visibility of detailed reporting information regarding customers, device type, usage of service type, plans and features, and other valuable informational data may not be consistently provided and reported. This reporting data is needed for future analysis of the MCS contract to ensure the most advantageous services and pricing for the State of Florida. 5.5.3.11 Mitigation Plan Mitigation of negative consequences of MCS platform remaining in its current state is provided by the following factors: 1. The industry will be adapting to emerging technologies as the standard platform for mobile telecommunication services. 2. The current MCS business process and platform experience can be leveraged in any new technology and vendor transitions. 4. The onboarding process of a potential new MCS service provider is expected to occur over a fairly short time period. 5. The MCS business process would remain on an existing and operating network with which all users are familiar. Current users are familiar with the day to day operation of MCS. 6. Existing MCS contracts remain in place throughout the transition period. 7. Development and implementation of stringent SLAs to manage service provider's service performance, including technical, service delivery and financial requirements. 5.5.3.12 Implementation Timeline for Option 2 & 3 The schedule that, at a minimum, must be adhered to in order to achieve the estimated savings is indicated below in the MCS timeline, which has been combined for both Options 2 & 3 as they would be the same timeline projection. See Section 5.5.5 for the draft timeline. 5.5.4 Option 3 — Insource/Outsource (Distribution Channel Only) This option represents the lightest MVNO business model, where DMS would only provide its distribution channel to the mobile network operator (MNO) while the MNO provides the rest of the business, from access network to the definition of the mobile service offer. This is the model that requires the lowest investment and overhead for DMS. However, most of the business services remain with the network provider. Therefore, this option provides very limited control of the business and value proposition of the service. SUNCOM Mobile Communication Services Business Case Page 131 1318 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5.5.4.1 Technology Requirements All technology responsibilities are outsourced to the mobile communications provider in Option 3. This includes all technology requirements as outlined in Option 2 and includes air card services. 5.5.4.2 Billing All billing responsibilities are outsourced to the service provider in Option 3. 5.5.4.3 Customer Service All customer service responsibilities are outsourced to the service provider in Option 3. 5.5.4.4 DMS Role The DMS role in Option 3 is to only provide a distribution channel for the service provider. 5.5.4.5 Direct & Indirect Cost In addition to the Direct and Indirect Costs listed in Section 5.5 above, Option 3 envisions 2 FTE forthe management of the MCS contract and services. 5.5.4.6 Overall Cost To comply with the statutory requirement to "develop a system of equitable billings and charges for telecommunications services" stated in subsection 282.703(2), F.S., SUNCOM uses administrative cost recovery rates assessed for each SUNCOM service. Approximately 93.7 percent of SUNCOM's costs are payments to contracted telecommunications vendors. The remaining 6.3 percent of SUNCOM's costs are the costs of engineering, designing, procuring, ordering, installing, monitoring, auditing, invoicing, and managing these SUNCOM services. These support service rates are funded through the imposition of the administrative cost recovery rates, which are added to vendor charges for SUNCOM services. Some SUNCOM services bear more of these costs than others based upon the relative share of support service resources committed to sustaining the service, and so have a higher rate. The underlying goal of the cost recovery model is to ensure the solvency of the Communications Working Capital Trust Fund. Since 2012, the rate charged to SUNCOM's Wireless Data Service customers has been between two and a half to 3 percent. Quarterly, DivTel reviews a report showing the profitability of services based on service utilization and service costs. In order to address any inequity identified upon review of these figures, rate reductions and customer credits are used. A customer credit is a one-time liquidation of excess revenue without any associated rate reduction. Customer credits are issued when a service achieves unanticipated excess revenue over expenses. Through customer credits, SUNCOM can ensure equitable billings without risking its ability to sustain a service over the longer term. The SUNCOM'S Wireless Data Service is a stable service with low overhead and has received customer credits over the years. A reduction in the cost recovery rates associated with SUNCOM's telecommunications services results in recurring cost avoidance to the existing customers of the affected service. SUNCOM Mobile Communication Services Business Case Page 132 1319 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Such a reduction also represents costs avoided by future customers of the service. The recurring nature of the fiscal impact associated with a cost recovery rate reduction requires that adequate consideration be given to both existing and future market conditions associated with the SUNCOM service. With the maturity and growth of SUNCOM's Wireless Data Service, we are experiencing an increase in revenues. 5.5.4.7 Potential Savings It is anticipated that over the life of the new MCS contract that cost savings will be achieved through leveraging State buying power realizing lower costs than available commercially, including volume discounts, and the continued availability to the State of emerging and evolving technology surrounding mobile communications. 5.5.4.8 Transition Costs/Considerations There are minimal transition cost risks considered in Option 3 as this option leaves MCS in its current state with the exception of air cards, which become the responsibility of the service provider. Should the future procurement not result in a contract, or contracts, with one of the current incumbent providers, there may be costs associated with transition for end users with "locked" devices (devices that only work on a specific provider's network), along with DMS staff and customer time. 5.5.4.9 Total Estimated Cost over 10 Years Overall Cost for Option 3 is expected to be $36.7 million over the 10 -year period from execution of the MCS contract in July 2020 through FY 2031-32. DMS's participation in administering air cards is an incidental cost and does not impact the overall cost for Option 3. 5.5.4.10 Risk Analysis This paragraph presents a risk analysis of DMS providing only a distribution channel for MCS services and having the vendor manage the entire MNO value chain. The risk differential between Option 2 and 3 are minor. The risks in Option 3 would encompass the risks outlined for Option 2 in Section 5.5.3.10, with the addition of migration of the closed user group (private network access to MyFloridaNet). Also, with this option the lack of visibility of detailed reporting information is a risk. Data regarding customers, device type, usage of service type, plans and features, and other valuable informational data may not be consistently provided and reported. This reporting data is needed for future analysis of the MCS contract to ensure the most advantageous services and pricing for the State of Florida. 5.5.4.11 Mitigation Plan Mitigation of negative consequences of DMS providing only a distribution channel for MCS services and having the service provider manage the entire MNO would encompass the following: SUNCOM Mobile Communication Services Business Case Page 133 1320 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 1. Development and implementation of stringent SLAs to manage service provider's service performance, including technical, service delivery and financial requirements. 2. Work with the service provider and required resources to implement, troubleshoot, manage, and monitor the transition of the closed user group air card services. This would include training and other oversight needed for successful migration. 3. Work with customers and required resources to manage the MCS transition, including training and other oversight. 4. The industry will be adapting to emerging technologies as the standard platform for MCS. 5. The current MCS business process and platform experience can be leveraged in any new technology and service provider transitions. 6. The onboarding process of a potential new MCS service provider is expected to occur over a fairly short time period. 7. The MCS business process would remain on an existing and operating network with which all customers are familiar. Current users are familiar with the day to day operation of MCS. 8. Existing MCS contracts remain in place throughout the transition period as an alternative. 5.5.5 Implementation Timeline for Option 2 & 3 The schedule that, at a minimum, must be adhered to in order to achieve the estimated savings as indicated below in the MCS timeline, which has been combined for both Options 2 & 3 as they would be the same timeline projection. The image below is a placeholder until final timeline is developed with Executive Leadership. Changes to this timeline are expected to have minimal impact on the estimated savings resulting from the execution of Contracts. Mobile Communication Services Draft Timeline January 2019 Business Case Completion 4/2019 7/2019 10/201 1/2019 ,,......... January 2019 — December 2019 Solicitation Development January 2020 June 2020 Post Solicitation on Vendor Bid System J, 1/2020 4/2020 • January 2019 • January 2019 — December 2019' • January 2020* - June 2020* • July 2020* • August 2020* - January 2021* • November 2020 • January 2022 • July 2025 • July 2030 November 2020 Ongoing MCS -2 January 2022 Contract Operations Expiration of Current and Management MCS Contract 7/2020 , 10/2020 1/021 4/2021 7/2021 10/2021 l� August 2020—January 2021 Migration 1/2022 Business case completion Solicitation development Post solicitation on Vendor Bid System Sign contract M igration MCS -2 operations and management begins Expiration of current MCS contract Completion of the initial five-year term Expiration of the MCS -2 contract, if renewed in full SUNCOM Mobile Communication Services Business Case Page 134 1321 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 *These dates are subject to change following internal review processes. 6 Recommended Option & Detailed Discussion The recommended option for this portion of the business case is in accordance with Subsection 287.0571(4), F.S., which outlines the requirements for contracting with private sector vendors as they can effectively and efficiently provide services and reduce the cost of government. This statute requires analysis of feasibility, cost-effectiveness, and efficiency before proceeding with outsourcing of services. A detailed analysis for this decision provides the following key findings: An analysis of the mobile communications market concludes that the MCS platform being provided today is following the correct technological path in terms of capability and service delivery; The MCS reporting and analysis information regarding device type, usage of service, and other data needs to be more detailed and provided to DMS on a monthly basis; An MCS platform enables a connected enterprise characterized by access to people and information virtually anytime and anywhere forfaster communication and greater collaboration using a variety of devices or mediums; 4. The mobile communications industry is ever evolving and with multiple providers instead of a single service provider approach, DMS is able to provide the customer with new technology at competitive pricing; 5. As the mobile communications market continues to evolve, review of SLA requirements will need to be a priority for DMS contract management to ensure MCS customers receive the best possible service solution; 6. Improved customer awareness of the capabilities of the service offering portfolio will extend the adoption of MCS to a broader customer base; 7. Innovative technology offerings to DMS customers will provide the opportunity for growth of the MCS platform; 8. The assumption of growth of MCS services will directly result in an increase for data consumption by all customer segments; 9. The telecommunication advancements in Public Safety are continuously evolving and creating new service offerings specific to Law Enforcement, EMS, and other First Responder networks. SUNCOM Mobile Communication Services Business Case Page 135 1322 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 6.1 Summary of the Three Options Considered in This Business Case In summary the three options considered for the next generation for Florida's mobile communications services platform are outlined below. The current services are provided by DMS, Verizon, AT&T, and Sprint. The three options are: 1. Option 1 - Insourcing of Mobile Communications Services and support functions. For reasons described in Section 5. 1.1 and 5.1.2, this option is not considered further in this business case. 2. Option 2 - Combination of Insourcing and Outsourcing (Current MCS Model)whereby DMS outsources all of the mobile telecommunication services except for the management, support, and billing of air card services. 3. Option 3 - Combination of Insourcing and Outsourcing whereby DMS outsources all of the mobile telecommunication services and acts only as a distribution channel for the service provider. Each of these three options has been evaluated about the following attributes as supported by Section 5.6: • Risks, disadvantages, pros and cons; • Assumptions and constraints; and • The schedule of key events. 6.2 Option 1 — Insource The Department of Management Serviceswould request the establishment and funding for state FTE positions and physical assets to support mobile communication operations as appropriate. Upon approval, DMS would establish an internal mobile communications services organization composed of these full-time state employees based upon the choice of servicesto insource and outsource. These positions would be incorporated into the department's Legislative Budget Request (LBR) for funding each fiscal year. The level and appropriateness of outsourcing will be determined by what services are deemed attainable through state resources. 6.3 Option 2 —Combination Insourcing and Outsourcing (Current MCS Model) For this option, DMS would release an ITN to qualified vendors and negotiate a new contract for the identified MCS service features based upon existing mobile communications service portfolio, which includes Public Safety specific services, with consideration for emerging technology/capabilities. This option is predicated on DMS maintaining support and management of all air card services. This option is the current MCS platform. Option 2 — Combination Insource and Outsource, provides the low risk to the state while allowing competitive market SUNCOM Mobile Communication Services Business Case Page 136 1323 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 forces to keep the total cost of service delivery low. This option leverages DMS' existing staffing and service capabilities. 6.4 Option 3 —Combination Insourcing and Outsourcing (Distribution Channel Only) For this option, DMS would release an ITN to qualified vendors and negotiate a new contractforthe identified MCS service features based upon existing MCS portfolio, which includes Public Safety specific services, with consideration for emerging technology/capabilities. This option outsources all mobile communication services and operations to the service provide while DMS acts only as a distribution channel. Support for air card services would be maintained by DMS until adequate time has been provided fora migration of services to the provider. This option leverages DMS' existing staffing and service capabilities. 6.5 Recommendation It is recommended that DMS issue a combination insourced and outsourced competitive procurement as an Invitation to Negotiate (ITN) as outlined by Option 2. This procurement should identify and incorporate the evolution of new mobile communication technologies and service offerings. With the evolution of a Public Safety mobile communication network, consideration should be given to a multiple ITN approach. 7 Business Case Recommendations Summary The following section is provided as an overall summary of recommendations collected from throughout the business case. They represent key points that should be considered as DMS moves forward with its chosen path for MCS. Recommendations include: 1. DMS issue a combination insourced and outsourced competitive procurement as an Invitation to Negotiate (ITN) to maintain its currently structured mobile communications services portfolio as outlined by Option 2. 2. The MCS solution should continue to allow for evolution of service and equipment technology, enabling the contract to evolve with new technology. 3. Internal support for closed user group should work with all providers to establish a private network access to MyFloridaNet. 4. Timely review of services and offerings which allows DMS to provide the most advanced mobile communication services. Market technology such as signal boosters and wearable technology are driving the need for data consumption and consumer demands. SUNCOM Mobile Communication Services Business Case Page 137 1324 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 5. Prioritize the review of current SLA requirements to ensure MCS customers are receiving the best possible service in a continuously evolving market. 6. DMS develop and implement SLAs that require consistent and timely reporting of device type, usage of service type, plans and features, and other valuable informational data is necessary. This reporting data is needed for service evaluation and monitoring, and future analysis of the Mobile Communication Services contract to ensure the most advantageous services and pricing for the State of Florida. 7. DMS maintain the necessary resources and support staff needed to manage the MCS air card users, closed user group, and its potential growth of new users. Service delivery forthis offering must be managed end-to-end within the delivery configuration to ensure proper network administration is maintained. Further, all back-office functions (customer service requests and invoicing) must be properly maintained by DMS resources. 8. Create a report template to be distributed and used monthly by all contracted service providers to ensure consistency and ease of review. 9. DMS maintain the necessary resources and support staff needed for contract management and SLA monitoring to ensure proper service quality for the State of Florida. 10. Tiered or bulk pricing offerings should be explored. 11. The MCS procurement should have the goals of improved SLAs, improved reporting, and continued low pricing. 8 State Business Process & Policies Section 287.0571 (4)(i), F. S. A description of differences among current state agency policies and processes and, as appropriate, a discussion of options for or a plan to standardize, consolidate, or revise current policies and processes, if any, to reduce the customization of any proposed solution that would otherwise be required. In the context of the SUNCOM service portfolio, there are no impacts to existing state agency processes or policies that are not currently being managed effectively by DMS. The intended service delivery maintains a current steady state of services to all SUNCOM customers and as such the new MCS procurement does not present any additional burden on the state. 9 Performance Metrics Review Section 287.0571 (4) 6), F. S. A description of the specific performance standards that must, at a minimum, be met to ensure adequate performance. The current MCS contracts contain Service Level Agreements (SLAs). After review of these SLAs, the performance standards and measurements that should be met to ensure adequate performance includes: SUNCOM Mobile Communication Services Business Case Page 138 1325 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Escalations — any future contract(s) should continue to require escalation procedures to maintain a high level of customer service to Customers. Migration —any future contract(s) should continue to require migrations be completed within 120 days of Contract execution to maintain a high level of customer service to Customers, and a robust standard of project management. Maintenance — any future contract(s) should continue to require notification for planned and unplanned maintenance that could affect service delivery to maintain a high level of customer service to Customers. Appliance Failover — any future contract(s) should continue to require rapid failover to the secondary IPsec Virtual Private Network (VPN) appliance to maintain connectivity to MFN. In addition to current SLAs, the following recommended performance standards will ensure adequate performance: Contractor Staffing— any future contract(s) should ensure that key staffing positions are filled with personnel with the appropriate experience and qualifications with remedies for identified deficiencies. Contractor meetings — any future contract(s) should ensure that the Department is able to adequately monitor the contracts. Ongoing operational and topic specific meetings are an appropriate tool to assist with such monitoring. Project Management— any future contract(s) should ensure that the Department is able to adequately monitor the transition from current to future contracts. The transition should be conducted in an optimal way to achieve the standards of transition. Billing and Reporting — any future contract(s) should ensure that the Department is able to receive invoices, credits, and reporting on cost recovery and direct billed accounts in a timely manner with all required information. Additionally, future contract(s) should require Public Safety specific reporting on Customer utilization. Public Safety — any future contract(s) that offer public safety specific options should require a high standard of coverage across the State, compliance with industry standards for Public Safety LTE communication, and offer deployable technologies for emergency situations. Additionally, the future contract(s) should ensure Public Safety Customers have local control to enact priority and preemption of their service, a local control portal, and Pubic Safety specific customer support. 10 Projected Timeframe Section 287.0571 (4)(k), F. S. The projected timeframe for key events from the beginning of the procurement process through the expiration of a contract. SUNCOM Mobile Communication Services Business Case Page 139 1326 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 The MCS procurementto contract expiration timeline is suggested to be established forfive years, with a renewal/evaluation interval at year five, at which time new negotiations for service features and reduced pricing should take place. This contract should be put in place prior to the expiration of existing MCS contacts to allow for any migration of services needs to be met with a new portfolio of services. See 5.5.5 for the presentation of the projected timeline and key events. 11 Public Records Compliance Section 287.0571 (4) (1), F.S. A plan to ensure compliance with the public records law. The procurement and a subsequent awarded contract should state that any and all records produced are subject to Ch. 119, Florida Statutes. The service provider shall allow DMS access to all documents, papers, letters, or other material subject to Ch. 119, Florida Statutes for which public record requests are made or received by the department. 12 Contingency Plan Section 287.0571 (4) (m), F. S. A specific and feasible contingency plan addressing contractor nonperformance and a description of the tasks involved in and costs required for its implementation. Using multiple providers as a strategy to achieve maximum coverage also minimizes the need for contingency planning related to contractor nonperformance. Having multiple contracts facilitates end-users discontinuing services from a nonperforming provider. DMS anticipates continuing its contract strategy where there are no term commitmentsfor devices, therefore any costs related to Contractor nonperformance would be limited to the cost of moving any locked phones for one provider to another. Future contracts should maintain provisions to address the termination for cause in the event of non- performance by the Contractor and remedies for non-performance consistent with those available in rule 60A- 1.006, F.A.C. DMS should include SLAs in the contract in the event the service provider does not meet established performance expectations. The SLAs should provide incentive for a contractor to cure problems with performance before an event of default occurs. Suggested Remedies for DMS for Default and Obligations upon Termination: • Terminate the contract by providing the service provider with appropriate written notice of the effective date of termination; Seek equitable relief and/or institute legal proceedings against the service provider to collect payment of any money owed including, but not limited to, re - procurement costs, system replacement costs, and liquidated damages; and initiate proceedings to have service provider placed on the Suspended Vendor SUNCOM Mobile Communication Services Business Case Page 140 1327 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 list; Once placed on the Suspended Vendor list, state agencies will be advised not to do business with the service provider without written approval from State Purchasing until the state receives reimbursement for all re -procurement costs. Recommended Termination Assistance Services: • Service provider must cooperate fully with DMS and any new service provider; • All processes and procedures performed by the service provider must be explained and appropriate documentation provided for each service layer under contract; • Answer questions related to the migration and transition of services; and • Termination assistance services rendered prior to the termination date of the contractwill be at no additional cost to DMS. Services rendered after termination of the contract will be at a reasonable rate. 13 Transition Plan Section 287.0571 (4) (n), F. S. A state agency's transition plan for addressing changes in the number of agency personnel, affected business processes, employee transition issues, and communication with affected stakeholders, such as agency clients and the public. The transition plan must contain a reemployment and retraining assistance plan for employees who are not retained by the state agency or employed by the contractor. Subsection 287.0571(4)(n), F.S., requires a business case to address issues that may arise when work currently being done by state employees is transferred to a contractor. There is no expectation of a need to reemploy or retrain agency personnel. The DMS staff that perform services related to MCS are expected to not have changes to their roles under Option 2. Therefore, utilizing Option 2 does not require reemployment or retraining assistance and no transition plans for employees are necessary. 14 American With Disabilities Act Of 1990, As Amended Section 287.0571 (4) (o)F. S. A plan for ensuring access by persons with disabilities in compliance with applicable state and federal law. The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. To ensure that the service provider is compliant with state and Federal ADA laws, the procurement should request that the service provider outline a plan to identify and address any ADA concerns. Future contracts should include the requirement to comply with the provisions in Part II of Chapter 282, Florida Statutes, specifically relating to accessibility of information and technology for those with disabilities. SUNCOM Mobile Communication Services Business Case Page 141 1328 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 15 Contract Provisions This business case does not address specifics of the contract provisions as set forth in section 287.0571(5), F.S., as they will be fully defined in the ITN. The ITN will take into consideration all other sections of the business case to aid in the development of the contract language as appropriate. SUNCOM Mobile Communication Services Business Case Page 142 1329 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Department of MANAGER SERVICES We serve those who serve Florida 4050 Esplanade Way Tallahassee, FL 32399-0950 ;; Jonathan R. Satter, Secretain ITN No.: DMS -19/20-006 Attachment E — Definitions and Acronyms All personal pronouns used in the Contract, whether used in the masculine, feminine, or gender - neutral, shall include all other genders; the singular shall include the plural; and the plural shall include the singular. The following definitions and acronyms apply to the Contract in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60FF-1, Florida Administrative Code (F.A.C.). In the event of a conflict, the definitions provided in this document will prevail. Access When capitalized, this means review, inspect, transmit, approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any State Data, regardless of type, form, or nature of storage; Access to a computer system or network includes local and remote access. Business Monday, Tuesday, Wednesday, Thursday, and Friday, excluding weekends and Days State paid holidays as set forth in section 110.117, F.S. Contractor The Responsive and Responsible Respondent(s), awarded a Contract, if any, pursuant to this ITN. This definition supersedes the definition in section 287.012(7), F.S. CPNI Customer Proprietary Network Information. The definition of CPNI is the Title 47 U.S. Code § 222(h) (2019) definition. CRR Cost Recovery Rate. The Department's monthly cost recovery charge applied to Customer invoices. CSAB Communications Service Authorization and Billing system. https://portal.suncom.myflorida.com/start/#/login Customers The entities that are provided services under this Contract, including State agencies, which are required to use the SUNCOM Network, and other entities authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. End-user The individual that utilizes the device that consumes the resources defined by the monthly plan. The End -user's employer is the Customer. EUPL End User Price List HA/HR Highly -available and Highly -reliable. Systems, services, and implementations designed to eliminate planned downtime and prevent unplanned downtime; methods utilize specific hardware, software, and processes; typically implemented in mission critical services. IP Internet Protocol IPsec An Internet Engineering Task Force standard. Text from RFC 4301 - IPsec creates a boundary, between unprotected and protected interfaces, for a host or a network. Traffic traversing the boundary is subject to the access controls specified by the user or administrator responsible forthe IPsec configuration. ITN No.: DMS -19/20-006 Attachment E: Definitions and Acronyms Page 1 of 2 1330 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 ITN No.: DMS -19/20-006 Attachment E — Definitions and Acronyms IPsec Tunnel Tunnels are a design technique utilized by telecommunications service providers to manage traffic. IPsec tunnels are used to create closed user groups to enforce segregation of traffic. IPsec tunnels are a specific type of tunnel which provides security services for IP packets through encryption, authentication, and protection against replay. MFN MyFloridaNet OEU Other Eligible Users. The entities provided services under this Contract that are not State agencies and are not required to use the SUNCOM Network but are otherwise authorized to use the SUNCOM Network in accordance with Chapter 282, F.S. These include, but are not limited to, political subdivisions of the State, including counties, municipalities, school districts, and water management districts. Also included are, private nonprofit elementary and secondary schools conditioned upon certain requirements, universities, libraries of community colleges, and nonprofit corporations. Person When capitalized in Sections 9 and 13 of Attachment B, Draft Contract, this means the Contractor's employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other person operating under the Contractor's direction with Access to State Data or who enters either the premises or facilities where State Data is stored or accessible. Reply A formal response to this ITN. Respondent An entity that submits a Reply to this ITN. SLA Service Level Agreement SLA Clock Service Level Agreement Clock. The SLA clock refers to how a deliverable will be measured in terms of time for completion as stated in the particular SLA. SNMP Simple Network Management Protocol State The State of Florida State Data All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Contractor in its performance under this Contract. Subcontractor A third party performing work under the Contract at the direction of the Contractor, including affiliates, partners, teammates, and all other third -party vendors. VPN Virtual Private Network Concentrator. A device, or collection of devices, built to Concentrator manage secure connections within or between infrastructures. VRF Virtual Routing and Forwarding WDS Wireless Data Service WVS Wireless Voice Service ITN No.: DMS -19/20-006 Page 2 of 2 Attachment E: Definitions and Acronyms 1331 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Department of ' 'w"A MANAGEMENT SERVICES We serve those who serve Florida 4050 Esplanade Way Tallahassee, FL 32399-0950 850-488-2786 Ron DeSantis, Governor Jonathan R. Satter, Secretary Addendum No.1 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -20/21-006 Date: November 9, 2020 To: Prospective Respondents to ITN No.: DMS -20/21-006 From: Caitlen Boles, Procurement Officer Subject: Timeline Update 1. ITN No: DMS -20/21-006, subsection 1.8, Timeline of Events, the table is hereby amended as follows: TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 Deadline to submit questions to the Procurement Officer. 3:00 PM October28, 2020 anticipated posting of answers to Respondent's ni.,,hor o 2929Department's November 16, questions on the VB S. 2020 Deadline to submit Reply and all required documents to the Nleep 222— 242-92:00 PM Procurement Officer. November 30, 2020 Public Opening. Conference Room 101 4050 Esplanade Way ,QMbQr 2-31 Tallahassee, Florida 32399-0950 24203:00 PM November 30, Please join my meeting from your computer, tablet or 2020 smartphone. httr)s://Qlobal.gotomeeting.com/moin/198062149 r ►J1 IT1 EXTOWITOTMIRROW 1332 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Event Events Time Event Date (ET) You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 Access Code: 198-062-149 Join from a video -conferencing room or system. Dial in ortype: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##198062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https:// - Iia otomeeting . co m/install/ 198062149 Anticipated Evaluations Phase. 2020 December 4, 2020 to December 30, 2020 January 4, 2021 Anticipated Negotiations Phase. to April 12, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Please join my meeting from your computer, tablet or smartphone. https://alobal.00tomeetina.com/'oin/432429477 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 10:00 AM April 19, 2021 Access Code: 432-429-477 Join from a video -conferencing room or system. Dial in ortype: 67.217.95.2 or inroomlink.goto.com Meeting ID: 432 429 477 Or dial directly: 432429477@67.217.95.2 or 67.217.95.2##43242 94 77 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https:// I�gotomeeting.comAnstall/432429477 ITN o.: -20/21-006 Addendum No. 1 Page 2 of 3 1333 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Events Event Time (ET) Event Date Anticipated date to post Notice of Intent to Award on the VBS. April 26, 2021 Anticipated Contract Execution. May 2021 FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax to 850-922-6312, or by email to cll,eirlk dims„fll,, ov. It is the filing party's responsibility to meet all filing deadlines. ITN o.: -20/21-006 Addendum No. 1 Page 3 of 3 1334 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4050 Esplanade we u a imn � re7A Tallahassee, FL 323'9,9-0950 MAKAGEM SERVICES 93oin De aio fis, Governor We same t1 nse who sarm Horda Jonathan R, Satter, Secretary Addendum No. 2 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -19/20-006 Date: November 16, 2020 To: Prospective Respondents to ITN No: DMS -19/20-006 From: Caitlen Boles, Procurement Officer Subject: Respondent Questions and Department Answers ITN No: DMS -19/20-006, is hereby amended as follows (deletions are shown by strikethrough and additions are underlined): ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.3.1, the third sentence, is hereby amended as follows: For closed user groups, the Contractor must configure both 1) public IP addresses owned by the State and Other Eligible Users and 2) private IP addresses furnished by the State DIV4S and Other Eligible Users. 2. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.9, paragraph 2, is hereby amended as follows: The Contractor is responsible for on-going testing of the WDS's transport system (the interconnection between MCSand MFN)toensure proper performance. The GGRt.-,,,,RstallatiGR, of Fequiested by the +,. , faik)YeF, and, The Contractor must demonstrate successful interconnection failover for each tunnel between the primary and secondary VPN concentrators as part of the Services Infrastructure Checklist signoff and as required by DMS. 3. ITN No: DMS -19/20-006, Attachment A: Statement of Work, section 3.12, paragraph 4, is hereby amended as follows: The Contractor must implement internal and external security procedures to guard its networks and applications against unauthorized access. The Contractor will provide DMS a generalized description ee" of the Contractor's associated security procedures upon request. ITN No.: MS -19/20-006 Addendum No. 2 Page 1 of 26 1335 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 4. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.14.3, paragraph 3, is hereby amended as follows: The Contractor is required to participate in ESF-2 activities and respond to the needs of the State. The Contractor shall deliver the specified quantity (up to 100 of each type requested) of activated wireless (WVS and WDS) devices within twenty-four (24) hours of receiving the ESF-2 request. The devices will be delivered at Contract costs, with the only additional cost being reasonable expedited shipping. The Contractor shall use commercially reasonable efforts to deliver devices to any accessible (officially ordered safe to enter) location within the Contractor's service area as directed by ESF-2. 5. ITN No: DMS -19/20-006, Attachment A: Statement of Work, section 3.17.1.e, is hereby amended as follows: e. MaoRteRa^^^ Notifications, SLA B7, B8, B9 (Subsections 3.19.4) 6. ITN No: DMS -19/20-006, Attachment A: Statement of Work, section 3.19.4, is hereby deleted in its entirety and replaced as follows: 4. Notifications. Electronic notifications are required during instances of significant service impact, including performance degradation, over a generalized area. Attachment C, SLA -B7. Electronic notifications are required in advance of maintenance activities when the activity may cause a significant service impact, including performance degradation, over a generalized area. Notifications must include an impact statement, date, time, and estimated duration of the service impact. Attachment C, SLA -B8 and SLA -B9. 7. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.23.1, is hereby amended as follows: 1. Provide all reporting activities listed in SOW subsection 3.26.5, Project Management— Implementation Plan and Customer Specific Migration Plans 3.27.5%b) and SG AF sabseet .27SG). 8. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 3.26.3, is hereby amended as follows: The Contractor shall create the following two 2 guides. These guides are deliverables subject to final acceptance by DMS. The Contractor shall update the guides when necessary as determined by either DMS or the Contractor. Attachment C, SLA -D11. 1. WDS and WVS Operations Guides. The Contractor shall create and maintain one 1 WDS and WVS Operations Guides describing the operational relationship between the Contractor and DMS. The guides must establish procedures to be followed by the Contractor while delivering services. This includes engineering, operational, and business processes for service delivery. At a minimum, the guides must include ordering, troubleshooting, trouble reporting, service provisioning, SLA monitoring, and invoicing processes. ITN No.: S-19/20-006 Addendum No. 2 Page 2 of 26 1336 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 2. WDS and WVS User Guides. The Contractor shall provide one 1 WDS and WVS User Guides that provide a set of instructions for the End-user. The User Guides must also contain device specifications, such as a recommendation of number of simultaneous users that each device can support. 9. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 4.5, is hereby amended as follows: DMS Demonstration Devices. Upon DMS request, in addition to any other test devices required by this SOW, the Contractor shall provide up to ten (10) wireless demonstration public safety devices e eR (including airtime) for use by the Department for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a minimum period of thirty 30 siX 0) Business Days. Any demonstration equipment, forms, and processes shall be provided, managed, and maintained by the Contractor. Customer Demonstration Devices. The number of demonstration public safety devices the Contractor elects to provide to Customers is at the discretion of the Contractor. The Contractor will coordinate directly with any other Customer c+n+„^c regarding public safety service demonstration equipment, notifying the Department in advance of these activities. 10. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 5.8, Work Orders, is hereby amended to delete the following: AttaehmentG, SLA 11. ITN No: DMS -19/20-006, Attachment A: Statement of Work, subsection 5.10, Invoicing Requirements, is hereby amended as follows: The Contractor will invoice DMS for all fulfilled orders based on a calendar month with invoices and electronic details submitted to DMS. Attachment C, SLA -F1. Invoices to DMS will consist of: 1) invoices for payment on an unchangeable format (e.g., paper) that reflect the total wholesale charges for the month (referred to herein as a, "handbill"), and 2) electronic detail files that substantiate all billable services. The total of substantiated detail charges must match the payment requests on each of the handbills. All credits due must be reflected on the invoice related to the first available billing cycle after the credit has been determined. Attachment C, SLA -F2. Both the handbill and electronic files for the CSAB portion must be received no later than the 10th calendar day of each month. 12. ITN No: DMS -19/20-006, Attachment A: Statement of Work, Section 5.12, Audit of Contractor Invoices, is hereby amended with the following text added: DMS will audit invoices to validate all charges against the current inventory of provided services and the prices associated with the CSAB Service Catalog. If the electronic substantiating detail provided by the Contractor contains some errors but: a) is complete (i.e., contains all of the required data elements); b) substantially corresponds with the CSAB inventory and CSAB Service Catalog; and c) matches the handbill, then DMS will send an audit exception report (1326-7) to the Contractor detailing any disputed charges. At this time, this is a manual process. At any time during the Contract term, this may become an ITN No.: S-19/20-006 Addendum No. 2 Page 3 of 26 1337 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 electronic process, at DMS' sole discretion. DMS staff will request credits/debits for any audit exceptions on the current invoice and work with Contractor staff to reconcile charges and system data to resolve the exceptions within two (2) one (1) billing cycles from receipt of dispute. If Contractor has not resolved audit exceptions within two (2) one (1) billing cycles, the charges will be adjusted as determined by DMS. 13. ITN No: DMS -19/20-006, AttachmentA: Statement of Work, Section 6.6, Customers Liability is hereby amended with the following text added: No response required. By submitting a Reply, Respondent has read, understands, and will comply with the statements contained in this section. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITN No.: S-19/20-006 Addendum No. 2 Page 4 of 26 1338 WE O in, z� Z H O a .4 o LU C rn �n U O 0 i M M M T V) � L O U JIDE V) U o - O � � C O 73 m O N to N N — (a in U N V (V o u) m m N C N N Cl O Q Q O O O Ln C O O CN �} 6s U O N m co -� N O U @ U N to Cn •O d m Co c:- CO 6 O O �C (�U (D LO) NOO C L U "O C) N LU Z3 -0 Lo C) C C O O O O UU> O COO a O. 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Satter, Secretary Addendum No. 3 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -20/21-006 Date: March 29, 2021 To: Prospective Respondents to ITN No.: DMS -20/21-006 From: Caitlen Boles, Procurement Officer Subject: Timeline Update 1. ITN No: DMS -20/21-006, subsection 1.8, Timeline of Events, the table is hereby amended as follows: TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 Deadline to submit questions to the Procurement Officer. 3:00 PM October 28, 2020 Department's anticipated posting of answers to Respondent's November 16, 2020 questions on the VBS. Deadline to submit Reply and all required documents to the Procurement Officer. 2:00 PM November 30, 2020 Public Opening. Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950 Please join my meeting from your computer, tablet or 3:00 PM November 30, 2020 smartphone. https://qlobal.gotomeeting.com/'oin/l 98062149 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 1361 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Event Events Time Event Date (ET) United States: +1 (646) 749-3129 Access Code: 198-062-149 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##1 98062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https:Hglobal.gotomeetina.com/install/198062149 December 4, 2020 Anticipated Evaluations Phase. to December 30, 2020 January 4, 2021 to Anticipated Negotiations Phase. Affil 12, 2021 April 29, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Please join my meeting from your computer, tablet or smartphone. Iltp.a;// hall„gotomeetin.rr�ljoiin/1031035 You can also dial in using your phone. United States (Toll Free): ,1_.._86.5__8.9.9._4.57.9. United States:..W_1 (. �) 31 3116 ............... 10:00 Affil 19, 2021 AM May 3, 2021 Access Code: 170-310-357 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 170 310 357 Or dial directly: 170310357@67.217.95.2 or 67.217.95.2##1 70310357 New to GoToMeeting? Get the app now and be ready when your first meeting starts: Ihtt s:.// lobaI.. ctomeetiirs „com/iiristallll/170310357 Anticipated date to post Notice of Intent to Award on the VBS. Appil 26, 2021 May 10, 2021 ITN o.: S-20/21-006 Addendum No.3 Page 2 of 3 1362 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Event Events Time Event Date (ET) Anticipated Contract Execution. May 2021 FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax to 850-922-6312, or by email to enc cllelrlk dms„fl„ ov. It is the filing party's responsibility to meet all filing deadlines. ITN o.: S-20/21-006 Addendum No. 3 Page 3 of 3 1363 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 Department of ' 'w"A MANAGEMENT SERVICES We serve those who serve Florida 4050 Esplanade Way Tallahassee, FL 32399-0950 850-488-2786 Addendum No. 4 to the following Invitation to Negotiate (ITN): Mobile Communication Services DMS -19/20-006 Date: April 27, 2021 To: Prospective Respondents to ITN No.: DMS -19/20-006 From: Caitlen Boles, Procurement Officer Subject: Timeline Update 1. ITN No: DMS -19/20-006, subsection 1.8, Timeline of Events, the table is hereby amended as follows: TIMELINE OF EVENTS Event Events Time Event Date (ET) ITN posted on the VBS. October 7, 2020 Deadline to submit questions to the Procurement Officer. 3:00 PM October 28, 2020 Department's anticipated posting of answers to Respondent's November 16, 2020 questions on the VBS. Deadline to submit Reply and all required documents to the Procurement Officer. 2:00 PM November 30, 2020 Public Opening. Conference Room 101 4050 Esplanade Way Tallahassee, Florida 32399-0950 Please join my meeting from your computer, tablet or 3:00 PM November 30, 2020 smartphone. https://qlobal.gotomeeting.com/'oin/l 98062149 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 1364 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Event Events Time Event Date (ET) United States: +1 (646) 749-3129 Access Code: 198-062-149 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 198 062 149 Or dial directly: 198062149@67.217.95.2 or 67.217.95.2##1 98062149 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https:Hglobal.gotomeetina.com/install/198062149 December 4, 2020 Anticipated Evaluations Phase. to December 30, 2020 January 4, 2021 to Anticipated Negotiations Phase. Affil 29 2021 May 26, 2021 Negotiation Team Public Meeting Conference Room 101 4050 Esplanade Way Please join my meeting from your computer, tablet or smartphone. Iltp.a;// hall„gotomeetin.rr�ljoiin/1031035 You can also dial in using your phone. United States (Toll Free): ,1_.._86.5__8.9.9._4.57.9. United States: 1 1..) 31 3116 .± ...... � 10:00 May 3 2021 AM May 27, 2021 Access Code: 170-310-357 Join from a video -conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 170 310 357 Or dial directly: 170310357@67.217.95.2 or 67.217.95.2##1 70310357 New to GoToMeeting? Get the app now and be ready when your first meeting starts: Ihtt s:.// lobaI.. ctomeetiirs „com/iiristallll/170310357 Anticipated date to post Notice of Intent to Award on the VBS. May 10 �n�� 21 June 1, 2021 ITN o.: S-19/20-006 Addendum No.4 Page 2 of 3 1365 DocuSign Envelope ID: 7A8E64EC-7F69-45F7-9E9B-B2528340E7F8 TIMELINE OF EVENTS Event Events Time Event Date (ET) Anticipated Contract Execution. a 02 Junes FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest concerning this agency decision or intended decision must be timely filed with the Agency Clerk. Protests may be filed by courier, hand delivery, or U.S. mail at Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950. Protests may also be filed by fax to 850-922-6312, or by email to eirnccllelrlk_di s„ov. It is the filing party's responsibility to meet all filing deadlines. ITN o.: S-19/20-006 Addendum No.4 Page 3 of 3 1366 Commission Meeting Date: 05/16/2023 Approve a purchase order for the Boynton Beach Blvd. 20 -inch Sanitary Sewer Project Cured -In -Place Pipe Lining. Requested Action by Commission: Requesting Commission to approve expenditure with Granite Inliner, LLC as the lowest pre -qualified bidder as determined by review of bids submitted on April 7, 2023 for the Boynton Beach Blvd. 20 -inch Sanitary Sewer Project in response to the Request for Bids for Cured -in -Place Pipe Lining, (Bid No. ITB 01-CIPP2-23) in the amount of $699,780.00 plus a 10% contingency of $69,978.00 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $769,758.00 based on unit costs provided by Granite Inliner, LLC. Explanation of Request: On April 19, 2022, the Commission approved a list of three (3) pre- qualified contractors to perform Cured -in -Place Pipe (CIPP) Lining as a result of RFQ #UTL22- 013. The intent is that when Utilities has a CIPP project, a bid will be sent to the three (3) pre- qualified contractors requesting bids from which one will be recommended to be awarded the contract. A Request for Bids was issued to the pre -qualified contracting firms to submit line item pricing to perform Cured -in -Place Pipe Lining (CIPP) of gravity sewer mains in multiple areas (Boynton Beach Blvd, NE 26th Ave, Summit Rd., Boynton Lakes) throughout the Utilities' service area. CIPP lining is a trenchless method of placing a flexible lining into an existing pipe and utilizing heat and pressure to expand and cure the lining. The new CIPP lining will provide a barrier to minimize groundwater inflow and soil infiltration at existing sanitary sewer pipe joints. Leaking pipe joints would potentially carry soil material surrounding the joint, which may cause depressions in roadway. The Scope of Work detailed in the request for Bid includes the following general items: • Task 1- Pre -lining cleaning and video inspection • Task 2- Bypass pumping and maintenance of traffic • Task 3- Pipe lining • Task 4- Post -lining video inspection The selected Contractor will furnish all labor, materials, equipment, incidentals and 1367 appurtenances to complete the defined work as outlined in the Contract Documents. How will this affect city programs or services? Wastewater pipe lining will increase structural integrity and flow capacity of the pipe providing better level of service and less likelihood of sewer overflows. Fiscal Impact: This is a budgeted item. The fiscal impact of $769,758.00 as a result of this approval and subsequent PO's is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities account number 403-5000-65.04 SW1801. Attachments: BB Blvd 20 Sanitary Sewer ITB 01-CIPP2-23 Bid Opening Tab Sheet.pdf Boynton Beach Blvd 20 Sanitary Sewer (CIPP) Project - Final tp 4-6-23 - rev.pdf Executed Contract R22-059 Cured -In -Place Pipe Lining - Granite InLiner.pdf Inliner Solutions Bid Submittal 04.07.2023.pdf 1368 BASED OFF - REQUEST FOR QUALIFICATION (RFQ) UTL22-013 - PRE -QUALIFIED CONTRACTORS FOR CURED IN PLACE PIPE LINING (CIPP) Boynton Beach Blvd 20" Sanitary Sewer Project (CIPP) "Offers from de vendors listed herein are the only offers BID OPENING DATE: 4/7/2023 recemebrm'yasofineaboer eivoggaeandeme. BID OPENING TIME: 3:00 P.M. NI Amer cffers sab,,tt.d in resp.... to thls .theses - BI D No.: ITB 01 -CI PP2-23 it an, are hereby rg,r,ted as late' VENDORS Granite Inliner (Inliner Solutions, LLC) Grdf coast underground, LLC (GCU) Insilufoun Technologies LLC 2531 Jewell Lane 5655 Middle Road 580 Goddard Avenue Sanford, FL 32]]1 Theodore. Nabama 36582 Chesterfield.. MO 53005 Contact'. John Sunderman (business Development); Eve Tinis (Proposal Coordinator), Mark Cassineri (Estlmalor) Contect'. Boyd Hirt, Vice President', Ryan Hogenmdler, Estimator/ Contact Diane Padridge (contracting end Attesting Officer) Phone: 4071 2-0014 phone: 251-7250200 Phone. 636-350-8650 Email: John.sunderman@puriscorp.com; eve.tinis@purisrom.rom. markcassinen@punsoorp.00m Email: ddavis ,if coaalunder round.ro Ema0l. dpadnd e BID PACKAGE SUBMITTED ELECTRONIC BY EMAIL YES NO NO Did not submit bid Did not submit a bid SCHEDULE OF BID ITEMS $699,780.00 ACKNOWLEDGE ADDENDUM NO.1 YES SAFETY PROGRAM COMPLIANCE Included WARRANTIES Included CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 YES SCHEDULE OF SUB -CONTRACTOR YES (3) LISTED Televac South Inc. (3%) BLD Services, LLC (35%) Flotech 3 WARRANTY OF TITLE Included STATEMENT OF NO BID NIA COMMENTS Business Name Changed to (Inliner Solutions, LLC) Need W-9 and COI 1369 , e' INVITATION TO BID PRE -QUALIFIED CONTRACTORS FOR CURED -IN-PLACE PIPE LINING (CIPP) BASED ON RFQ UTL 22-013 BOYNTON BEACH BLVD. 20" SANITARY SEWER ITB NO. 01-CIPP2-23 MANDATORY PRE-BID MEETING & SITE VISIT LOCATION: CITY OF BOYNTON BEACH UTILITIES —ADMINISTRATION BUILDING 124 E. WOOLBRIGHT ROAD MARCH 21, 2023 AT 10:00 AM BID DUE BY DATE: APRIL 7, 2023 SUBMITTALS SHALL BE SUBMITTED BY EMAIL ONLY TO prattt o-.bbfl.us NO LATER THAN: 3:00 P.M. (LOCAL TIME) TABLE OF CONTENTS BIDDING REQUIREMENT& Notice to Pre -Qualified Contractors, Scope of Work, Services & Project Information .......................3 - 4 Instructionto Bidders.......................................................................................................5-14 General Conditions for Construction........................................................................GC-15 - GC -64 Special Conditions...........................................................................Section 01000 -Section 02322 Technical Specifications................................................................................Section 1 - Section 8 BID FORMS "ATTACHMENT A": Schedule of Bid Items....................................................................................................164-165 Trench Safety Act Affidavit...................................................................................................166 Safety Program Compliance .................................................................................................167 Warranties............................................................................................................... 168-169 Schedule of Sub-Contractors...............................................................................................170 Statementof No Bid...........................................................................................................171 ATTACHMENT "B": Warrantyof Title................................................................................................................172 Insurance Advisor Form.....................................................................................................173 APPENDIX "A"m Plans / Maps — When completed and executed, these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor, forms the Contract for this Project. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 2 of 173 117 The City of Boynton Beach INVITATION TO BID CURED -IN-PLACE PIPE LINING (CIPP) ITB 01-CIPP2-23 — BOYNTON BEACH BOULEVARD 20" SANITARY SEWER NOTICE TO PRE -QUALIFIED CONTRACTORS Bid submittals will be received ONLINE BY EMAIL to Taralyn Pratt, Contract Administrator @ prattt(cDbbfl.us on or before: APRIL 7, 2023, No later than 3:00 P.M. (Local Time). Bid submittals shall be submitted by EMAIL addressed to prattt@bbfl.us with the subject: "Cured -In -Place Pipe Lining (CIPP) ITB 01-CIPP2-23 — Boynton Beach Boulevard 20" Sanitary Sewer. Bids received after the assigned date and time will NOT be considered. The City of Boynton Beach, Florida (City) provides Potable Water, Wastewater, Stormwater, and Reclaimed Water services through the Utilities Department. The City has developed an extensive Infiltration and Inflow (I&I) program in 2006 to identify structural deficiencies associated with the sanitary sewer gravity lines and manholes, to reduce treatment and maintenance costs, and to operate an efficient wastewater system. The City has completed Phases I - IV of the City's I&I Program. Phase V, the final phase, will be completed by prequalified Contractors identified and selected through this RFQ process. Our Current Phase V program encompasses over 38,000 linear feet of sanitary sewer gravity mains, with the reinstatement of approximately 770 service laterals. The City of Boynton Beach is seeking Bids from the vendors pre -qualified as a result of Request for Qualifications No. UTL22-013 — Cured in Place Pipe Lining for the installation of cured -in-place pipe liner using a resin -impregnated flexible tube method that is formed to the original conduit by use of a hydrostatic head. Rehabilitations will be made to the City's Wastewater System and generally consist of, but are not limited to performing cleaning the existing sewer gravity mains; an internal pre -rehabilitation closed-circuit television (CCTV) inspection; furnishing and installing a cured -in-place pipe (CIPP) liner; reconnection of existing service laterals; obtaining material field samples for testing; preparation of inspection reports; and, performing internal closed-circuit television (CCTV) post -rehabilitation final inspections. The work also includes, but is not limited to furnishing all labor, materials, equipment, maintenance of traffic, by-pass pumping, removal, and disposal of accumulated debris, site cleanup, restoration, and all incidentals as required to complete the work. In some cases, the CIPP method of reconstruction or rehabilitation may be performed in the City's existing Stormwater System. As needed, a Bid will be issued to the pre -qualified Contractors. The work shall be performed on an as -needed basis at various locations throughout the City of Boynton Beach and extended wastewater and stormwater service areas. This specific Cured -In -Place Pipe Lining project consists of installation of -500 320 linear feet of an existing 20 -inch diameter sanitary sewer pipe Boynton Beach Blvd. and 2OW 4000 linear feet of existing 8 -inch diameter sanitary sewer pipe in multiple areas (NE 26th Ave., Summit Rd., and Boynton Lakes. 2) Cured in BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 3 of 173 117 Place Lining installation of 50 service laterals. The work also includes, but is not limited to furnishing all labor, materials, equipment, maintenance of traffic, by-pass pumping, removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as required to complete the work. All work will be completed in accordance to the technical specifications. At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. THE BIDDER IS ADVISED THAT THIS CONTRACT REQUIRES WORK IN ACTIVE WASTEWATER COLLECTION SYSTEMS AND SHALL FOLLOW ALL FEDERAL, STATE AND LOCAL REQUIREMENTS FOR SAFETY IN CONFINED SPACES. THE AWARDED CONTRACTOR SHALL CONFORM TO ALL GUIDELINES BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) FEDERAL REGULATIONS; 29 CFR Chapter XVII, SECTION 1910.146 -CONFINED SPACE ENTRY. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item(s) or portion(s) of this Bid should be directed to Taralyn Pratt, Contract Administrator, (561) 742-6308, prattt@bbfl.us with Office Hours: MONDAY — FRIDAY 8:00 A.M. TO 4:30 P. M. CITY OF BOYNTON BEACH BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 4 of 173 117 INSTRUCTIONS TO BIDDERS These documents constitute the complete set of General Conditions, Specifications and Bid Forms. All Bid sheets and attachments must be executed and submitted by email. By submitting a Bid, the Bidder agrees to all terms and conditions specified herein. NO EXCEPTIONS TO THE TERMS AND CONDITIONS SHALL BE ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the Bidder. Bids that do not comply with these requirements may be rejected at the option of the CITY. The CITY reserves the right to waive technical defects in any Bid. As used in this Invitation to Bid, the words Bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean Bidder. Complete sets of Bid documents shall be used in preparing Bids. Neither CITY nor CONSULTANT assumes or disclaims any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. DEFINED TERMS: Terms used in these Instructions to Bidders have the meanings assigned to them in the City of Boynton Beach, Standard General Conditions of the Construction Contract. 2. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 3. BID SUBMISSION: It is the Bidder's responsibility to read and understand the requirements of this Bid. Bids shall be submitted to the Procurement Services Division. All Bids must be accompanied by the Bid Security (if required) and all other required documents. The Bid opening may be delayed at the sole discretion of the City. Under no circumstances shall Bids delivered after the Bid opening specified time has begun be considered and as such, Bids will be returned unopened. It is the Bidder's sole responsibility to assure that the Bid is delivered at the proper time and place prior to the Bid deadline. Offers by facsim ile or telephone are not acceptable. A Bid may NOT be altered by the Bidder after opening of the Bids. The Bidder is requested to submit one (1) original, of the bid. All Bids must be submitted in the English language. All prices, terms and conditions quoted in the submitted Bid must be expressed in U.S. Dollars, and will be fixed and firm for acceptance for ninety (90) calendar days from the date of the Bid opening unless otherwise stated by the City. 4. BID FORMS: The Bidder will submit a BID on the BID forms provided. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms herein may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 5. BID SECURITY: N/A - A five percent (5%) Bid Bond IS NOT REQUIRED FOR THIS BID. Individual project values cannot be determined until time of need as specified by the City. A Purchase Order will be issued for all projects and serve as a Contract between the Contractor and the City. The Bid deposit/security of the Successful Bidder shall be retained until such Bidder been awarded a binding Contract or Purchase Order or Contract Security whereupon the Bid security shall be returned if applicable. If the apparent Successful Bidder fails to execute a contract within ten (10) calendar days BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 5 of 173 117 after receipt of the Award letter which is issued prior to the CITY's award of purchase order or contract, the CITY may annul such Award Letter, and the security of that Bidder shall be forfeited and retained by the CITY. The CITY may then recommend to acceptance of the Bid of the next lowest responsive, responsible Bidder, or to re -advertise for Bids. If the Bid of the next lowest, responsible Bidder is accepted, this acceptance shall bind such Bidder as though it was the original successful Bidder. There shall be no binding contract until the CITY executes the Contract or issued the Purchase Order as the final award of the contract. The Bid Security of other Bidder's whom the CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Purchase Order or Contract, or the ninety-first day after the Bid Opening. The Bid Security furnished by non -awarded vendors will be returned. Bid Security with Bids which are not competitive or responsive shall be returned upon award of the Bid. 6. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided who has the legal ability to bind the Bidder to contractual obligations on all affidavits and proposal sheets. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the bid document must be initialed in ink. 7. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition, the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas. 8. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. Upon receipt of an Award Letter with the contract agreement for a purchase order, Bidder shall enter into a Contract and/or accept the purchase order with the CITY and furnish the necessary documents, including but not limited to: insurance certificates, performance and payment bonds in the amount total to the awarded contract amount. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 6 of 173 117 The Attorney -in -Fact who signs the bond must file with the bond a current proof of appointment as Attorney -in -Fact. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 100% of the contract price. Performance and Payment Bonds are required only when individual projects, identified by the City on an "AS NEEDED BASIS" exceed $100,000.00. 9. NO SUBMITTAL: A NO SUBMITTAL response can be submitted by email to procurement services or designee. 10. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses will not be permitted. 11. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 12. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. 13. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity, or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 14. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 15. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic disqualifiers are as follows: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 7 of 173 117 a. Not including an executed Proposer signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to submit a proposal due to violations listed under Item No.31, "Public Entity Crimes." d. Not completing the Bid Submittal Forms as required. 16. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 17. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders mustfurnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 18. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through email for this specific BID no later than ten (10) days prior to the BID deadline. 19. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 20. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 21. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. It is the responsibility of each Bidder to have received ALL addenda that are issued. Bidders should check with procurement services or designee prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the Bid is RECEIVED no later than the stated bid closing time and date. 22. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY". 23. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested, or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. 24. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 8 of 173 117 Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 25. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 26. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of the bidder's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 27. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 28. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at the vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 29. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 30. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 31. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 32. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 33. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 9 of 173 117 person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 34. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, the bidder certifies that the bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 Bidder 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 Bidder of the City's determination concerning the false certification. Bidder 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, Bidder 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 Bidder 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. 35. NON -COLLUSION AFFIDAVIT: Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 36. TRADE SECRET: Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 37. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 38. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 10 of 173 117 39. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 40. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 41. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees, and damages that may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 42. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified. 44. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 45. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 46. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 11 of 173 I ZR n 47. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling, shipping charges, and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Upon delivery, the City shall make a final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due to the bidder shall be withheld until a visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder unless such loss or damages have been proven to be the result of negligence by the City. 48. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. All equipment shall be completely assembled, adjusted, and clean. All standard equipment and specified options shall be installed and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre -delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items, and accessory equipment supplied by the equipment dealer, which is clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 49. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 50. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 51. PALM BEACH COUNTY INSPECTOR GENERAL: 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 any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower -tier subcontractors. 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 subcontractors 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. 52. 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 Contractor shall comply with Florida's Public Records Law. Specifically, the Consultant shall: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 12 of 173 I ZR 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, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor's possession. All records stored electronically by Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityCIerk(c_bbfl.us 53. E -VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "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 salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "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: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 13 of 173 I ZR 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. 54. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue -generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. END OF INSTRUCTION TO BIDDERS BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV Page 14 of 173 I ZR GENERAL CONDITIONS FOR CONSTRUCTION TABLE OF CONTENTS Article No. 6.15 TITLE Article No. TABLE OF CONTENTS 1. 6.16 DEFINITIONS 2. PRELIMINARY MATTERS 2.1 Delivery of Bonds and Insurance Certificates 2.2 Copies of Documents 2.3 Notice to Proceed 2.4 Starting the Work 2.5 Pre -Construction Conference 2.6 Site Mobilization Meeting 2.7 Progress Meeting 2.8 Pre -Installation Meeting 2.9 Finalizing Scheduling 2.10 Submittals 3. 6.27 CONTRACT DOCUMENTS 3.1 Intent 3.2 References to Standards 3.3 Review of Contract Documents 3.4 Order of Preference 3.5 Amending Contract Documents 3.6 Reuse of Documents 4. 6.34 SITE OF WORK 4.1 Availability of Lands 4.2 Reports of Physical Conditions 4.3 Physical Conditions - Underground Facilities 4.4 Differing Site Conditions 4.5 Reference Points 5. 6.40 BONDS AND INSURANCE 5.1 Bonds 5.2 Insurance 6. CONTRACTOR'S RESPONSIBILITIES 6.1 Contractor Status 6.2 Contractor Risk 8. 6.3 Supervision and Superintendence 6.4 Labor, Material and Equipment 6.5 Concerning Subcontractors 6.6 Patent, Fees and Royalties 6.7 Permits, Laws and Regulations 6.8 Taxes 6.9 Record Documents/Right to Audit 6.10 Safety, Protection and Emergencies 6.11 Shop Drawings and Samples 6.12 Site Clean-up 6.13 Public Convenience and Safety 6.14 Sanitary Provisions BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 15 of 173 I ZR 6.15 Indemnification Article No. TITLE 6.16 Claims 6.17 Responsibility for Connecting to Existing Work 6.18 Work in Street, Highway or Other Rights - of -Way 6.19 Cooperation with Governmental Departments, Public Utilities, Etc. 6.20 Use of Premises 6.21 Protection of Existing Property Improvements 6.22 Temporary Heat 6.23 Schedule 6.24 Continuing the Work 6.25 Contractor's General Warranty and Guarantee 6.26 Deletion/Oversight/Misstatement 6.27 Exceptions to Specifications 6.28 Silence of Specifications 6.29 Quality 6.30 Conditions of Materials 6.31 Disposal 6.32 Occupational Safety and Health 6.33 0.S.H.A. 6.34 Conditions and Packaging 6.35 Underwriters Laboratories 6.36 Asbestos 6.37 Closeout Submittals 6.38 Temporary Barriers and Enclosures 6.39 Environmental Controls 6.40 Security Procedures 6.41 Product Substitution Procedures 6.42 Field Samples 7. OTHER WORK 7.1 Related Work on Site 7.2 Coordination 8. CITY'S RESPONSIBILITIES 8.1 Communications 8.2 Furnish Data 8.3 Payments 8.4 Lands, Easements, and Surveys 8.5 Change Orders 8.6 Suspension of WORK 8.7 Estimated Dollar Value 8.8 Quantities BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 15 of 173 I ZR BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 16 of 173 I ZR 8.9 Additional Terms and Conditions 14.8 Final Inspection Article No. TITLE 9. 14.9 CONSULTANT'S STATUS DURING CONSTRUCTION 9.1 CITY'S Representative 9.2 Visits to Site 9.3 Project Representation 9.4 Clarifications and Interpretations 9.5 Measurements 15. 9.6 Rejecting Defective Work 9.7 Shop Drawings, Change Orders, and Payments 9.8 Determination for Unit Prices 9.9 Decisions on Disputes 9.10 Inspections and Testing 9.11 Limitations on CONSULTANT 10. CHANGES IN WORK 10.1 Authorized Changes 10.2 Unauthorized Changes 17. 10.3 Execution of Field Change Order/Change Order 11. 17.1 CHANGE OF CONTRACT PRICE 11.1 General 11.2 Cost of the WORK 11.3 Contractor's Fee 11.4 Cash Allowances 11.5 Unit Price WORK 11.6 Omitted WORK 12. 17.8 CHANGE OF CONTRACT TIME 12.1 General 12.2 Liquidated Damages 12.3 Reimbursement of Consultant Expenses 13. 17.12 TEST AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects 13.2 Access to WORK 13.3 Tests and Inspections 13.4 Uncovering WORK 13.5 CITY May Stop the WORK 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 16 of 173 I ZR 14.7 Partial Utilization 14.8 Final Inspection Article No. TITLE 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures 14.13 Retainage Procedures 15. SUSPENSION OF WORK AND TERMINATION 15.1 CITY May Suspend WORK 15.2 CITY May Terminate for Cause 15.3 CITY May Terminate Without Cause 15.4 Removal of Equipment 15.5 Contractor May Stop WORK or Terminate 16. DISPUTE RESOLUTION 16.1 Good Faith Effort 16.2 Mediation 17. MISCELLANEOUS 17.1 Giving Notice 17.2 Computation of Time 17.3 Notice of Claims 17.4 Cumulative Remedies 17.5 Accident and Prevention 17.6 Florida Products and Labor 17.7 Employees 17.8 Non -Discrimination 17.9 Drug -Free Workplace 17.10 Public Entity Crimes 17.11 Assignment 17.12 Venue 17.13 Funding Out 17.14 CITY'S Purchasing Card 17.15 Debarment 17.16 Requirements for Personnel Entering CITY'S property 17.17 Product Recall 17.18 Rights to Bid Documents 17.19 Severability 17.20 Verification of Employment Status 17.21 Abbreviations and Symbols BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 16 of 173 I ZR ARTICLE 1 — DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter: The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the condition's precedent enumerated with the award letter, within the time specified, the CITY may enter into a Contract. 1.5 Bid: The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder: Any person, firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, and proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.8 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order: A written order to the CONTRACTOR executed by the CITY, CONSULTANT, and CONTRACTOR authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4 "Clarifications and Interpretations" or orders minor changes in the Work in accordance with para. 10.1 "Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided. The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant: The person, firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents: The Contract Documents establishing the rights and obligations of the parties and include the Contract, Contract/Bid, Addenda, CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award, when attached as an exhibit to the Contract, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, Special Conditions, and the Drawings as the same are more specifically identified in the Contract, together shall all Written Amendments, Change Orders, Field Change Orders (change orders as a result of Field changes), and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format or text, data, graphics, and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price: The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time: The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY: A calendar day of 24 hours measured from midnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 17 of 173 I ZR the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents; or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings: The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. 1.23 Effective Date of the Contract: The date indicated in the Contract, but if no such date is indicated, it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements: See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations; Laws or Regulations: Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations, either federal, state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed: The written notice issued by the CITY, or its agents, to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and the date the Contract Work to be completed. 1.29 Partial Utilization: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 1.30 Project: The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative: The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder, Offeror, Quoter, or Respondent: An individual or business that has submitted a bid, offer, proposal, quotation, or response, which has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder, Offeror, Quoter, or Respondent, Vendor, Contractor: an individual, or business that has submitted a bid, offer, proposal, quotation, or response, which conforms in all material respects to the solicitation, including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product, material, system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents, and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions: When included as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub -Bidder: One who submits a Bid to a Bidder. 1.38 Sub -Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub -Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion: For purposes of this Contract, and for compliance of those procedures, duties and obligations as set forth in Florida Statutes § 218.70 and § 218.735, the term Substantial Completion shall be as follows, in lieu of any other definition: a. "Substantial Completion" is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety and regulatory use; with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the CITY (on the basis of the CITY's evaluation as hereinafter provided) makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 18 of 173 I ZR 1.42 Supplier: A manufacturer, fabricator, supplier, distributor, material man, or vendor. 1.43 Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. b. Materially Unbalanced Bid: a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the CITY; or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work: Work to be paid for on the basis of unit prices. 1.46 Utilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum, telephone, or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems. 1.47 Work: Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/ CONTRACTOR under the Contract Documents, including all labor, materials, equipment, and other incidentals, and the furnished thereof. 1.48 Written Amendment: A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2 — PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE (1) copy (unless additional copies exist) of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed, but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 2.5 PRE -CONSTRUCTION MEETING 2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten (10) days after the effective date of the Contract, but before any Work at the Site is started (unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals, obtaining permits and Plan of Operation and Critical Path Method (CPM) Schedule shall be reviewed and finalized. As a minimum, the CONTRACTOR's representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting, additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre -construction meeting. 2.5.3.1 Attendance Required: CITY's Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager and Superintendent. 2.5.3.2 Agenda: Distribution of Conformed Contract Documents, Confirmation based on prior submission (during Bid process) of the list of Subcontractors, list of Products, Project Safety Plan, Schedule of Values and Progress BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 19 of 173 Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal requests, Change Orders, and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request, Boynton Beach Department of Engineering Right -of -Way Permit Procedure and Project Sign format will be distributed. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attendance Required: CITY, CONSULTANT, Special Consultants, and CONTRACTOR, CONTRACTOR's superintendent, and major Sub -Contractors. 2.6.3 Agenda: 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two (2) days after meeting to participants, with copies to all, participants including CONTRACTOR, and those affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. 2.7.2 Attendance Required: Job superintendent, major Sub -Contractors and suppliers, CITY, CONSULTANT, as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations, problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal, schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute copies within two (2) days after meeting to participants, with copies to CONSULTANT, CITY, and those affected by decisions made. 2.8 PRE -INSTALLATION MEETING: 2.8.1 When required in individual specification section, convene a pre -installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting, or affected by, work of the specific section. 2.8.3 Notify CITY and CONSULTANT five (5) working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions of installation, preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three (3) days after meeting to participants with copies to CONSULTANT, CITY and those affected by decisions made. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 20 of 173 2.9 FINALIZING SCHEDULES: 2.9.1 Within ten (10) days of receiving the Notice to Proceed, the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. 2.10 SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK: Administrative and procedural requirements for processing of submittals during construction process Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor List c) Product Data d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation, Handing and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements F. Close-out Submittals 2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES - GENERAL 2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. 2.10.3.2 Transmit each submittal with CITY's Standard Transmittal Form. 2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. 2.10.3.4 Identify project, CONTRACTOR, Sub -Contractor or supplier pertinent drawing and detail number, and specification section number, as appropriate. 2.10.3.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schedule submittals to expedite the Project, and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. 2.10.3.7 For each submittal for review, allow fifteen (15) days including delivery time to and from the CONTRACTOR. 2.10.3.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed Work. 2.10.3.9 Provide space for CONTRACTOR and CONSULTANT review stamps. 2.10.3.10 When revised for resubmission, identify all changes made since previous submission. 2.10.3.11 Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 2.10.3.12 Submittals not requested will not be recognized or processed. 2.10.4 PRODUCT DATA BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 21 of 173 110 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review, provide copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740 "Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out: 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM, plus two (2) copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products, models, options and other data. 2.10.4.6 Supplement manufacturers' standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review, distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the Special Conditions 01740 "Project Documentation and Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one (1) copy of Building Permit, Site Permits, Environmental Permits, or other permits required for construction of ARTICLE 3 — USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 22 of 173 I4Q work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates: 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub -Contractor, or CONTRACTOR to CONSULTANT, in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date, affidavits, and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product, but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten (10) days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3 — USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 22 of 173 I4Q 3.2.1 Reference to standard specifications, manuals or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANT, or CONSULTANT's agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY, which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR, along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications, including change orders, duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall obtain written interpretation or darification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda, with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents, the following descending order of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings, the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 (Amending of Contract Documents), the provisions of the BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 23 of 173 I4Q Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specifications, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. The provisions of any such Law or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY, CONTRACTOR or CONSULTANT, or any of their Sub -Contractors, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order (pursuant to Article 10, Changes in Work). 3.5.2 Additionally, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.2.1 A Change Order (pursuant to paragraph 10, Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample (pursuant to paragraph 6.11, Shop Drawings and Samples), or 3.5.2.3 CONSULTANT's written interpretation or clarification (pursuant to paragraph 9.4, Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub -Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings, Special Conditions or other documents used on the Work; and, they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4 — SITE OF WORK 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed; rights-of- way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land: The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of such easement furnished to the CITY and CONSULTANT prior to said use; and neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State, County and CITY Rights -of -Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across streets, rights-of-way, easements, or other property; the CONTRACTOR shall (as the Work progresses) promptly back -fill, compact, grade and otherwise restore the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Adjacent to Telephone, Power, Cable TV, and Gas Company Structures: In all cases where Work is to be performed near telephone, power, water, sewer, drainage, cable TV, or gas company facilities; the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non -vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental entity having jurisdiction, as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations: Where applicable, reference is made in the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 24 of 173 I4Q 4.2.2 Existing Structures: Where applicable, reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3 herein) which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2 "Existing Structures" above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto. The CONTRACTOR may not rely upon any interpretation of such technical data, including any interpolation or extrapolation thereof, or any non-technical data, interpretations, and opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS— UNDERGROUND FACILITIES: 4.3.1 Indicated: The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data, and 4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert (USA) System, Phone No. 1-800-227-2600 and Sunshine State One Call Services (1-800-432-4770) at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities' respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some (or all) of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services; and therefore, not automatically contacted by the above referenced telephone number. The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services, and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities' respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.10, and repairing any damage thereto resulting from Work, the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipes, telephone or power cables or conduits, pipe or conduit casings, curbs, sidewalks, service lines, and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five (5) calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from the CITY or occupant, or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes, conduits or cables, and shall restore them to service promptly, as part of the Work, as soon as the Work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown, but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc. carefully by hand prior to installing their work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown, nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of; CONTRACTOR shall promptly, after becoming aware of thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility. The Contract Documents shall be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 25 of 173 I4Q 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site conditions, within twenty-four (24) hours upon their discovery (but in no event later than seven (7) days after their discovery) and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated, described, or delineated in the Contract Documents, including those reports discussed in paragraph 4.2 and 4.3 (Physical Conditions, Underground Facilities), and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto, and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order shall be issued as provided in Article 10 (Changes in Work) to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, shall be allowable to the extent that they are attributable to any such inaccuracy or difference. No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work, through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 (Change of Contract Price) and Article 12 (Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four (24) hours or no later than seven (7) days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide, if available, engineering surveys to establish reference points for construction, which in CONSULTANT's judgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 — BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY, furnish Performance and Payment Bonds, each in an amount at least ONE HUNDRED PERCENT (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten (10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY, at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company, acceptable to the CITY, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars ($500,000), all bonds shall be placed with sureties with Best Ratings as stated below: The name, address, and telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to $499,999.99, the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work, otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under $500,000 Class IX A or better $500,000 to Class A A or BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 26 of 173 I4Q $2,499,999.99 better Over $2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by a registered agent, licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership, the Bond shall be signed by each of the individuals who are partners; if a corporation, the Bond shall be signed in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a) appropriate acknowledgement of the respective parties; b) appropriate duly certified copy of Power -of -Attorney or other certification of authority where Bond is executed by agent, officer or other representative of CONTRACTOR or Surety; c) duly certified extract from by-laws or resolutions of Surety underwhich Power - of -Attorney, or other certificate of Authority of its agent, officer or representative was issued. 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form, and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division. The Bond number must be stated on the first page of the Bond. 5.2 INSURANCE: 5.2.1 The CONTRACTOR agrees to, in the performance of Work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR, its employees, agents, or Sub -Contractors, if any, with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work under this Agreement. The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department, all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub -Contractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the CONTRACTOR agrees to maintain during the term of this Contract, unless otherwise stated: Line of Business/Coverage Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Occurrence Aggregate $1,000,000 $2,000,000 Automobile Liability $1,000,000 $2,000,000 (including owned, non - owned, and hired) Worker's Compensation & Employer's Liability - Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub -Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub -Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the tern of this Agreement. In the CITY's sole discretion, CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 27 of 173 I4Q may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A -VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier shall give the CITY sixty (60) days' notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an "additional insured". The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement, the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate. "Claims -Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event, the Bidder shall maintain such Professional Liability Insurance in effect for three (3) years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance, the U.S. Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project, it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY and the CONTRACTOR, its employees, agents, Sub -Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. 6.2 CONTRACTOR RISK 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site, has conducted sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work, all materials under the Contract and the CITY's property (including machinery and equipment) in, or on, or adjacent to the Site of the Work until final completion of Work, from action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY, nor its officers, employees, or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term "persons' includes without limitations, members of the public, the CITY and its employees and agents, the Project Manager and his/her employees, CONTRACTOR's employees, CONTRACTOR"s Sub -Contractors and Sub - Contractors respective employees, who are on or about or adjacent to the premises where said Work is to be performed. CONTRACTOR shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted federal, state, and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss, damage and destruction to all of its materials, tools, appliances and property of every description and that of its Sub -Contractors and Sub -Contractor's respective employees or agents, and injury to or death of the CONTRACTOR, its employees, Sub -Contractors or Sub -Contractor's respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 6.3 SUPERVISION AND SUPERINTENDENCE: 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 28 of 173 I4Q communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name, title and contact information for the designated supervisor/superintendent. 6.4 LABOR, MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein, and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday observed by the CITY, without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen, or damaged while stored on the job site. 6.4.3 Condition of Materials: All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly: All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. 6.4.5 Materials, Equipment, Products and Substitutions: CONTRACTOR shall verify that materials, equipment, and products incorporated in the Work are fit for their intended purpose before being purchased by the CONTRACTOR. However, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials, equipment or products, together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval, pursuant to Section 32, Instruction to Bidders if prior to award, or after award, within ten (10) calendar days after the CONTRACTOR should have been aware of the need for substitution, unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material, article, or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, the opinion of the CONSULTANT and CITY, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair, and replacement service shall be indicated. 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation, to operating installation at factories, etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub -Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction, if applicable, to the CITY and CONSULTANT, if CONTRACTOR submits sufficient BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 29 of 173 I4Q information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials, Equipment, Products and Substitutions, par. 2) as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two (2) or more pieces of material or equipment of the same kind, type or classification, and being used for identical types of service, shall be made by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub -contractor, other persons or organization (whether initially or as a substitute) against whom the CITY or the CONSULTANT may have reasonable objection, nor shall the CONTRACTOR be required to employ any sub -contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub -contractor who has been accepted by the CITY's Project Manager and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended, the CITY may return the Bid Bond and award the Contract to the next qualified, competent Bidder. If after the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub -contractor, supplier, or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub -Contractors and of persons and organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub -Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub -Contractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub -contractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub -contractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub -contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms and Conditions: The CONTRACTOR agrees to bind specifically every sub -contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement: Any and all Work performed for the CONTRACTOR by a sub -contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub -contractor. 6.5.6 Responsibility: The CONTRACTOR shall be responsible for the coordination of the trades, sub -contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work, to bid sub- contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub -contractors, and to give the CONTRACTOR the same power as regards terminating any sub- contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub -contractors or between sub -contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT, any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory; such Sub -Contractor shall be replaced if and when directed in writing. 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS, FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances, arfides or systems prior to bidding. However, they shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 30 of 173 I4Q 6.7 PERMITS, LAWS AND REGULATIONS: 6.7.1 Permits: The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations, United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility (fines, etc.). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, they shall bear all costs arising therefrom; however, is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. 6.8 TAXES: 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term of the Contract all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor, during normal business hours, all books of account, reports, and records relating to this Contract for the duration of the Contract and retain them for a minimum period of three (3) years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County, Office of Inspector General investigators shall have the power without limitation to audit, investigate, monitor, inspect and review the operations, activities, performance and procurement process of the CONTRACTOR, its Sub -Contractors and lower tier subcontractors and its officers, agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub -Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. Upon request by the CITY, CONTRACTOR shall provide the accounting records and documents, and other financial data and shall submit true copies of requested records to the CITY. 6.10 SAFETY, PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.10.1.1 All employees on the Work and other persons, who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Site, and 6.10.1.3 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. 6.10.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 31 of 173 ldn 6.10.4 All damage, injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Sub -Contractor, Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable, shall be remedied by CONTRACTOR. CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6 (Substantial Completion) that the Work is acceptable or until any and all final "punch list" items are completed, whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from Work, arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight (48) hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE: CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS: CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT: The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR, without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act, at its discretion, to prevent damage, injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided by the use of tarpaulins, wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather or water level conditions may be, in any season. 6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefor as provided in Article 11 (Change in Contract Price) and Article 12, (Change in Contract Time). 6.10.15 NATIONAL EMERGENCY: In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war, or national emergency by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict, or due to the stoppage of construction caused by any governmental agency, state, CITY, town, or county regulations, orders, restrictions, or due to circumstances beyond the CITY's control; then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced, then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES 6.11.1 Shop Drawings: After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions, (see paragraph 2.9) copies (or at the CONSULTANT's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited to the following information: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 32 of 173 ldn 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review, produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES: The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review, CONSULTANT shall submit color board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY'S approval. 6.11.2.2 After review and approval by the CITY, provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified in specifications, one of which CONSULTANT shall retain. Reviewed samples may be used in Work, if indicated. 6.11.3 DEVIATIONS: At the time of each submission, the CONTRACTOR shall, in writing, call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW: The CONSULTANT shall review within fifteen (15) days or as extended by CITY; Shop Drawings and samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such shall not indicate review of the assembly in which the item functions. The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times, thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL: No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of and final payment for the Project by the CITY, the CONTRACTOR shall remove all their surplus and discarded, and excavated materials, and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property; shall dean all portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to their occupancy; shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work; and shall leave the whole in a neat and presentable condition. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 33 of 173 ldn 6.12.2 BUILDING CLEAN-UP: Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials and rubbish. Upon completion of the Work, they shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave theirwork "broom dean" orthe like, unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades; this shall include removal of all stains, dust, dirt, paint, etc. 6.12.2.5 General: In case of dispute, the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience: The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. 6.13.2 Safety: "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR shall obtain approval to dose the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened. Approval from the CITY shall be coordinated through the Department of Public Works/Engineering, including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. 6.14 SANITARY PROVISIONS: 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction. They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left dean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its employees, representatives, and elected officials from any and all claims and liabilities including all attorney's fees and court costs, including appeals for which the CITY, its employees, representatives, and elected officials can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR, its employees, or agents, arising out of or connected with this Agreement. The CONTRACTOR shall not be required to indemnify the CITY or its agents, employees, representatives, or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY, or its agents, employees or representatives. 6.15.2 The CONTRACTOR, without exemption, shall indemnify and hold harmless, the CITY, its employees, representatives and elected officials from liability of any nature or kind, including cost and expenses for or on account of any copyright, service marked, trademarked patented or unpatented invention, process, or any other intellectual property right or item manufactured by the CONTRACTOR. Further, if such a claim is made, or is pending, the CONTRACTOR may, at its option or expense, procure for the CITY the right to use, replace, or modify the item to render it non -infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S. § 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the "Specific Consideration" therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes § 768.28, as amended from time to time. 6.16 CLAIMS: 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees, by any employee of the CONTRACTOR, any Sub -Contractor, anyone directly or indirectly employed for whose acts may be liable; the indemnification obligation under paragraph 6.15 (Indemnification) shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any Sub -Contractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.16.2 Obligation: The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 34 of 173 ldn negligent acts, errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET, HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation, grading, fill, storm drainage, paving and other construction or installations in rights-of-way of streets, highways, pubic carrier lines, utility lines (either aerial, surface or subsurface) etc. shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessaryfor the Work. Upon completion of the Work, CONTRACTORshall presentto CONSULTANT certificates, in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS, PUBLIC UTILITIES, ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES: The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of their Work, shall permit entrance of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS: The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.19.4 CODES, LAWS, ORDINANCES AND REGULATIONS: The CONTRACTOR shall have made themselves familiar with all codes, laws, ordinances and regulations which in any manner affect those engaged in the Work, or materials and equipment used in the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in, and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations, indemnify and hold the CITY harmless from and against all claims, damages, losses and expenses (including, but not limited to fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Site clean and ready for occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs, advertisements, fires and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees, sub -contractors and other personnel, and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 35 of 173 ldn 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings, shall be restored to a condition equal or better, to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR, and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.22 TEMPORARY HEAT: 6.22.1 The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of permanent building construction against injury from dampness and cold, until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance. In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions, the permanent heating system shall not be used to provide temporary heat. CONTRACTOR's proposed methods of heating shall be submitted for approval. 6.23 SCHEDULE: 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments; these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension and Termination of Work) or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents and shall not be defective. That CONTRACTOR guarantees to repair, replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work; and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub- contractors or suppliers; or 6.25.1.2 Normal wear and tear under normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so; and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion, oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreed upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements, for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100% with the Specifications. All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion, oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 36 of 173 ldn unsatisfactory workmanship and/or materials, together with all appurtenances necessary for unrestricted operation, as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any details, or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type, size and design are to be used. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the Work, is required and shall be performed by the CONTRACTOR as though it were specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s) not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new, warranted for merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications, the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work, and for which disposition is not specifically provided for elsewhere in these Specifications, it shall contact the CITY to determine if the removal items are to be salvaged. Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner, pursuant to local, state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR, delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29, it shall furnish to the CITY's Procurement Services Division, a Material Safety Data Sheet (MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name and the common name of the toxic substance. 6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire, explosion, corrosion and reactivity. 6.32.1.2.2 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 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 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. 6.32.1.4 The emergency procedure for spills, fire, disposal and first aid. 6.32.1.5 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. 6.32.1.6 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. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL. 32301-5014, Telephone: 1-800-367-4378. 6.33 OCCUPATIONAL, SAFETY AND HEALTH ASSOCIATION (OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new (current production BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 37 of 173 ldn model at the time of the Bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS' LABORATORIES (UL): 6.35.1 Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been established by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents 6.37.1.5 As -built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and bonds 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed, Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local, state and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted contract sum, previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall dean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, wax, clean and polish transparent and glossy surfaces, vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs, gutters, downspouts and drainage systems. 6.37.3.6 Clean Site; The CONTRACTOR shall sweep paved areas, rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials, rubbish, and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains (coolers). 6.37.3.9 The CONTRACTOR shall dean ledges, countertops, and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. 6.37.5 PROJECT RECORD DOCUMENTS 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Change Directives and written interpretations and clarifications (issued pursuant to para. 9.4) in good order and annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 38 of 173 ldn 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts; maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. 6.37.8 WARRANTIES: 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub -contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D -size, 3 -ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above -referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine, clean, adjust, and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination, adjustment, and lubrication of components repairing or replacing parts as required with parts produced by the manufacturer of the original component. 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project, pursuant to Florida Statutes § 255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS: The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local, state and federal laws and regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES: 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 39 of 173 from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction, including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner -occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control dust, erosion and sediment, noise, pollution, rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACTOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions — 01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement, CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage, office trailers, parking, and lay -down areas. 6.38.2.3 Interruption of pre -approved entry controls shall be coordinated with the CITY's Project Manager priorto proposed interruption. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 39 of 173 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post "No Trespassing" and "Hard Hat Area" signs along Project perimeter and at construction access points. "No Trespassing" sign shall include statutory language that area is construction site and that trespassing and theft are felonies and violators will be prosecuted. "No Trespassing" sign shall include name of CONTRACTOR/CM. "No Trespassing" signs shall not be larger than 24" (600 mm) by 24" (600 mm). "Hard Hat Area" sign shall not be larger than 12" (300 mm) by 12" (600 mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance, dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead, the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding, plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction including areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4.4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall: 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating orwetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provide berms, dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site. CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10 "Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six (6) foot high, minimum ten (10) gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six (6) foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8" C/D plywood sheets, pressure treated or other means of weather protection, with 2 x 4 wood framing at edges and 24" maximum vertical spacing. 6.39.10 TEMPORARY WALLS: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 40 of 173 6.39.10.1 Provide demising Wall: 5/8" C/D plywood sheets, 2 x4 wood framing at 24" maximum spacing, and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection: Metal scaffolding with 34' B/C plywood or 2" x 12" wood planking. 6.39.11 EXECUTION JNSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four (74) miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project, mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff, sub -contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re -verified and re -issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10 "Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase, substitution requests shall be directed to the CITY's Procurement Services Division 6.41.2.3 During the construction phase, substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall identify Project, CONTRACTORICM and CONSULTANT during the bidding phase plus Sub -Contractor or supplier during construction phase, indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers, as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp; signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed work. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 41 of 173 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission, identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no laterthan ten (10) calendardays prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples, constructed, applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. 6.41.5.4 Coordinate space requirements, supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes, ducts and conduits as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance, and for repairs. 6.41.5.6 Within finished areas, except as otherwise indicated; conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and deanup work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises, coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents, to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements; confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations, lines and levels, utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7 — OTHER WORK 7.1 RELATED WORK AT SITE 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work; and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 42 of 173 extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor, other than CONTRACTOR's own SubContractor, CONTRACTOR shall inspect and promptly report to CONSULTANT in writing, any delays, defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as fit and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site, the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized, and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8 — THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR, and provide a copy to CONSULTANT. 8.2 FURNISH DATA: 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5 (Review of Application for Progress Payment) and Section 14.10 (Final Payment and Acceptance) of the General Conditions. 8.4 LANDS, EASEMENTS: REPORTS AND TESTS: 8.4.1 The CITY's duties in respectto providing lands and easements and providing engineering surveys, if available and to establish reference points are set forth in paragraphs 4.11 (Availability of Land) and 4.5.1 (Reference Points) of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2 (Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10 (Changes in the Work) of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work, suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop Work), Paragraph 15.1 (CITY May Suspend Work). Paragraph 15.2 (CITY May Terminate for Cause) and Paragraph 15.3 (CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 43 of 173 as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered, have any force or effect, and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9 — CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT (if specifically designated), or a specifically designated employee of the CITY, shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final, if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications; and 9.1.3.2 Schedule and conduct pre -construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR, and to other concerned parties; 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities; and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceed with the Work, the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations, as an experienced and qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorized agents, inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CITY may determine necessary, which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 9.5 MEASUREMENTS: 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT, CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 44 of 173 Id9 approval referred to in the Contract Documents, or has been damaged prior to final inspection). The CONSULTANT, CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary, whether or not the Work is fabricated, installed or completed. 9.7 SHOP DRAWINGS. CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples) of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment, etc. shall be pursuant to Article 14 (Payment to Contractor and Completion) of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless, within ten (10) days after the date of any such decision, the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies) to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence, unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal (unless the CITY's Project Manager and CONSULTANT allow additional time). CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The CITY's Project Manager's written decision, on such claim, dispute, or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16 (Dispute Resolution); or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten (10) days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable laws and regulations within thirty (30) days of the date of such decision, unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1, (Determinations of Unit Prices), 9.9.1 and 9.9.2 (Dispute Resolution) with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re -testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 45 of 173 4 A I by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to CONTRACTOR, any SubContractor, any Supplier or any other person or organization performing any of the Work, or to any surety. 9.11.2 Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved", or terms of like effector import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of the like effect or import are used to describe a requirement, direction, review or judgment of the CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 — CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety, the CITY may at any time order additions, deletions or revisions in the Work; these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document, CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents, except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order, a claim may be made therefor as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Section 3.2 (References to Standards) except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies) or except in the case of uncovering Work as provided in Paragraph 13.4.2 (Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes in the Work) or are required because of acceptance of defective Work under Paragraph 13.9, or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes), provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.24.1. 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to Contract Price or Contract Time) is required by the provisions of any Bond to be given to a Surety, the giving of any such notice shall be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or extensions of time, shall be governed pursuant to the ordinances of the CITY. ARTICLE 11 — CHANGE OF CONTRACT PRICE 11.1 GENERAL 11.1.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 46 of 173 9d1 shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (not later than ten (10) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1, if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved (subject to provisions of Section 11.5. (Unit Price Work) inclusive). 11.1.3.2 By mutual acceptance of a lump sum (which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a (Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work (determined as provided in Section 11.2, inclusive) plus a CONTRACTOR's fee for overhead and profit) determined as provided in Section 11.3, Contractor's Fee, inclusive. 11.2 COST OF THE WORK: 11.2.1 General: The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper perfornance of the Work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work). 11.2.2 Labor: The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday, Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment: The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT, which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee, the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work, and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof — in accordance with terms of such rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work: The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR"s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.2.2 (Labor) or specifically covered by Paragraph 11.2.5 (Costs of Special Consultants) — all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 47 of 173 Id9 11.2.7.2 Expenses of any of CONTRACTOR's offices, including principal and branch offices, other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.2.6 (c) above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs; i.e. where worker hours exceed a typical 8 -hour day and 40 -hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2 (Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee; or if none can be agreed upon; 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2 (Labor) and 11.2.3 (Materials and Equipment) the CONTRACTOR's fee shall be five (5%) percent. b. For costs incurred under Paragraph 11.2.4 (Subcontractors), the CONTRACTOR's fee shall be five (5%) percent; and if a subcontract is on the basis of Cost of the Work plus a fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five (5%) percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs) and 11.2.7 (Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten (10%) percent of the net decrease; and e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a) through 11.3.1.2(4) inclusive. 11.3.2 Wheneverthe cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT, an itemized breakdown together with supporting data. 11.4 ALLOWANCES: 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY, CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site, including labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment, an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price shall be deemed to include for all Unit Price Work, an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work, times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8 - Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work, and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price, if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof, CITY may make a claim for a decrease in the Contract Price in accordance with Article 11 — Change in Contract Price if the parties are unable BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 48 of 173 4 A I to agree as to the amount of any decrease. 11.6 OMITTED WORK: 11.6.1 The CITY may at any time, by written order, without Notice to the Sureties, require omission of such contract Work as it may find necessary or desirable. An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices, or rates for work of a similar nature or character as set forth in the Contract, or 11.6.1.2 By the appropriate lump sum price set forth in the Contract, or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. ARTICLE 12 — CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order. Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than seven (7) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice to the extent of the claim with supporting data shall be delivered within seven (7) days after such occurrence 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 such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of continuing cause of delay, only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) that, in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY, acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 — Related Work at Site, fires, floods, epidemics, or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather (i.e. beyond the 10 -year mean average) shall be the made within ten (10) days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of both CITY and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR, and SubContractor, any supplier, any other person or organization, or to any surety or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7 — Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3 — Notice to Proceed plus any extensions thereof allowed in accordance with Article 12 — Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perforin in a timely manner, but neither one has been capable of ascertaining such damages with any certainty. CITY and BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 49 of 173 Id9 CONTRACTOR also recognize and acknowledge the delays, expenses and difficulties involved in providing proof of such damages in a legal proceeding, the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY: For each day that expires after the time specified in Paragraph 2.3 - Notice to Proceed, for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY: BASE BID BASE BID $1,000 to $20,000 LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $100 $20,001 to $75,000 $200 $75,001 to $150,000 $500 $150,001 to $350,000 $750 $350,001 to $750,000 $800 $750,001 to $1,000,000 $1,000 $1,000,001 to $2,000,000 $1,200 $2,000,001 to $3,000,000 $1,500 $3,000,001 to $4,000,000 $1,600 $4,000,001 to $5,000,000 $1,700 $5,000,001 to $6,000,000 $1,800 $6,000,001 to $7,000,000 $1,900 $7,000,001 to $8,000,000 $2,000 $8,000,001 to $9,000,000 $2,100 $9,000,001 to $10,000,000 $2,200 $10,000,001 to $11,000,000 $2,300 $11,000,001 to $12,000,00O$2,400 $12,000,001 and over $2,500 For each day that expires after the time specified in Paragraph 2.3 - Notice to Proceed, for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $25.00 $20,001 to $75,000 $50.00 $75,001 to $150,000 $125.00 $150,001 to $350,000 $187.50 $350,001 to $750,000 $200.00 $750,001 to $1,000,000 $250.00 $1,000,001 to $2,000,000 $300.00 $2,000,001 to $3,000,000 $370.00 $3,000,001 to $4,000,000 $400.00 $4,000,001 to $5,000,000 $425.00 $5,000,001 to $6,000,000 $450.00 $6,000,001 to $7,000,000 $475.00 $7 000,001 to $8,000,000 $500.00 $8,000,001 to $9,000,000 $525.00 $9,000,001 to $10,000,000 $550.00 $10,000,001 to $11,000,000 $575.00 $11,000,001 to $12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3 - Notice to Proceed. 12.2.3 This sum is not a penalty. The CITY reserves the right to additionally recover direct job site expenses, including CONSULTANT's expenses incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13 - TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 NOTICE OF DEFECTS: 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work, whether or not completed, may be rejected, corrected or accepted as provided in Article 13 - Tests and BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 50 of 173 Id9 Inspections: Correction, Removal or Acceptance of Defective Work. 13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee, shall subject the remedied portion of the Work to an extended guarantee period of one (1) year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's and CONSULTANT's representatives, other representatives of the CITY, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections, tests or approvals. 13.3.2 If any federal, state or local laws and regulations require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith, and furnish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 13.3.5 Observations by CITY, CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in pursuant to the Contract Documents. 13.3.6 General: For tests specified to be made by the CONTRACTOR, the testing personnel shall make the necessary inspections and tests, the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five (5) copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.3.7 If, in the making of any test of any material or equipment, it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents, the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment, or to remove it promptly from the Site or from the Work and replace it with acceptable material, without cost to the CITY. 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR, unless otherwise expressly specified. 13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests: As soon as conditions permit, the CONTRACTOR shall furnish all labor, materials and instruments and shall make start-up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements required. The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 51 of 173 IA3 CONSULTANT's observation and replaced at CONTRACTOR's expense 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT's request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 — Change in Contract Price and Article 12 — Change in Contract Time in the General Conditions. 13.5 CITY MAY STOP THE WORK: 13.5.1 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.6.1 If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by CONSULTANT, remove it from the Site and replace with non -defective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply, the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR, or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one (1) year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal, state or local laws and regulations, or by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents; any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY's written instructions, either correct such defective Work, or if it has been rejected by the CITY, remove it from the Site and replace it with non -defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or in case of an emergency where delay would cause serious risk of loss or damage; the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Paragraph 13.7 — "One Year Correction Period", the correction period hereunder with respect to such Work shall be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work, CITY (prior to CONSULTANT's recommendation of final payment), if CONSULTANT prefers to accept defective Work CITY may accept defective Work. If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of and determination to accept such defective Work (such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers, architects, attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment, a Change Order BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 52 of 173 4 A shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11 — Change of Contract Price. If acceptance occurs after such recommendation, CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty (30) days after written notice of CONSULTANT to proceed to correct defective Work, or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven (7) days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CONSULTANT, the CITY's Representative agents and employees, such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct, indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. The CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefore as provided in Article 11 — Change of Contract Price. Such direct, indirect and inconsequential costs shall include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs, and all costs of repair and/or replacement of Work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION: 14.1 SCHEDULE OF VALUES 14.1.1 The schedule of values established as provided in Paragraph 2.9 — Finalizing Schedules, shall serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials, labor, tools and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimated by the CONSULTANT, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal, state or local law, at the end of each calendar month, the CONTRACTOR shall submit to the CONSULTANT for review, an Application for Payment (AFP) filled out and signed by the CONTRACTOR, covering the Work completed as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub -total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission, at the end of the continuation sheets and shall list by Change Order Number, and description, as for an original component item of work. 14.3.4 As provided for in the Application for Payment (AFP) form, the CONTRACTOR shall certify for each current pay request that BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 53 of 173 all previous progress payments received from the CITY, under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporated into the Work are free and clear of all liens, claims, security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment (AFP) like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment, whether incorporated in the Project or not, shall have passed to the CITY prior to the making of an Application for Payment, free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens'), and that no work or equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: 14.5.1 CONSULTANT shall, within ten (10) days after receipt of each Application for Payment, either indicate in writing, a recommendation of payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Thirty (30) days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation, the amount recommended shall (subject to the provisions of the last sentence of paragraph 14.5.4) become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholding payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14. 10, Final Payment and Acceptance, have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if, in CONSULTANT's opinion, it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss, including but not limited to: 14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9, or 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive (CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work, or there are other items entitling the CITY to credit against the amount recommended but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT) stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable filing thereof. 14.5.8 Upon unsatisfactory obligation of the Work, including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon liquidated damages payable by the CONTRACTOR, or 14.5.11 Upon any other violation of, or failure of CONTRACTOR to comply with, the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY, the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen (15) calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation, the Certificate of Substantial Completion, signed by BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 54 of 173 IA3 the CONSULTANT and CONTRACTOR, which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the "punch list", pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION: 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion, the CITY, with the approval of the CONSULTANT and with written notice to the CONTRACTOR, may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY, CONSULTANT, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen (15) days after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete, the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time, request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen (15) days thereafter, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY; CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTORwith respectto security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents (as provided in Paragraph 14.6, Substantial Completion) and other documents- all as required by the Contract Documents, and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to CITY) of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE: 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation; the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper, and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 55 of 173 4 A appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears, to the best of the CONSULTANT's knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY, the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, or as may be lawfully retained, including but not limited to, Liquidated Damages, as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty (30) days after approval by the CITY of the Application for Final Payment, the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds; and 14.11.1.2 Waiver of all daims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. 14.12 PUNCHLIST PROCEDURES: As per Florida Statutes § 218.735(7)(a)(ii), punch list procedures to render the Work complete, satisfactory and acceptable are established as follows: 14.12.1 Within fifteen (15) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punch list ("Punchlist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR, CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough. At its option, CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself, or thereafter for a period of thirty (30) days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty (30) days following the scheduled Substantial Completion Walkthrough, CONTRACTOR shall again initiate and request second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist) and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty (30) days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes § 218.735(7)(d) until the CONTRACTOR considers the Final Punchlist to be 100% complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty (30) days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100% complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150% of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes § 218.735(7)(d), CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 56 of 173 IA3 achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity, but rather total costs are based upon the value (i.e. cost) of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 RETAINAGE PROCEDURES: 14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5%) percent of all monies earned by the CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which 10D% of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(4). 14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five (5%) percent of each progress payment, from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor, services, or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor, services, or materials supplies by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute, the subject of a claim brought pursuant to Florida Statutes § 255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.4 The time limitations set forth in this section for payment requests, apply to any payment request for retainage made pursuant to this section. 14.13.5 Paragraph 14.13.2 do not apply to construction services purchased by the CITY which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is $200,000 or less. 14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one (1%) percent per month, or the rate specified by contract, whichever is greater. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 57 of 173 IA3 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK: The CITY may, at any time and without cause, suspend the Work or any portion thereof for period of not more than ninety (90) days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, CONTRACTOR may make a daim as provided in Articles 11 (Change of Contract Price) and Article 12 (Change of Contract Time) of the General Conditions. 15.1.2 THE CITY MAY STOP WORK: The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition. A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency; 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code (Title 11, United States Code) as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency; 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due; 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time); 15.2.1.7 If CONTRACTOR disregards any federal, state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT; or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents; 15.2.1.10 In the event of termination; the CITY may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred. The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work (including additional managerial and administrative services, plus the CITY's direct, indirect and consequential losses), exceeds the unpaid balance on the Contract, the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default, shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, any and all claims for consequential damages, loss of bonding capability, destruction of business, unabsorbed home office overhead, lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY, the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 58 of 173 15.3 CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the CONTRACTOR, and in such event, the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination, if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it, all or some subcontracts, construction, plants, materials tools, equipment, appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion, for any cause whatever, the CONTRACTOR, if notified to do so by the CITY or CITY's Project Manager, shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. 15.5 CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5.1 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is submitted, or the CITY fails to pay any sum finally determined to be due within sixty (60) days to CONTRACTOR, CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven (7) days written notice to the CITY and CONSULTANT, terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event, the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition, and in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to the CITY and CONSULTANT, stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24 — Continuing the Work, to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16 -DISPUTE RESOLUTION 16.1 GOOD FAITH EFFORT: 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract, shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times, the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract, the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 59 of 173 IA3 ARTICLE 17 — MISCELLANEOUS: 17.1 GIVING NOTICE: 17.1.1 All notices, requests, consents and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to : To CITY: User Department 100 E. Ocean Avenue Boynton Beach, Florida 33435 WITH A COPY TO: Director of Financial Services Procurement Services Division 100 E. Ocean Avenue Boynton Beach, Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME: 17.2.1 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday, such day shall be omitted from the computation. 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within seven (7) calendar days of the first observance of such injury or damage. The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CUMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6 — Contractor's Responsibilities, Section 13 — Test and Inspections, Correction, Removal or Acceptance of Defective Work, Section 14 — Payments to Contractor and Completion, and Section 15 — Suspension of Work and Termination, and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal, state and local laws or regulations, by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents, and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes § 255.04, which requires that on public building contracts, Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 60 of 173 IA3 in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails, refuses, or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project, or who appears to the CITY or CITY's Representative to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the order of the CITY, be discharged at once and will no longer be employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be authority for the CITY to annul the Contract and re -let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination, rates of pay or other form of compensation; and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG -FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug -Free Workplace and have their Drug -Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes § 287.133, as amended; a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes § 287.017 for CATEGORY TWO or higher for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder, or any part thereof; shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY, to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14 CITY's PURCHASING CARD: 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials, supplies and other items needed for daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above-mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 61 of 173 I d'2 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings. Nor shall violation of Federal, State and local laws and policies regarding Drug -Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm" means any weapon (including a starter gun or antique firearm) which is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame of receiver of any such weapon; any destructive device; or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises. 17.16.4 If any employee of CONTRACTOR or Sub -Contractor is found to have brought a firearm on CITY property, such employee must be terminated from the Project by the CONTRACTOR or Sub -Contractor. If the Sub -Contractor fails to terminate such employee, the Sub -Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub -Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. 17.17 PRODUCT RECALL: 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled, seized, or embargoed, and/or has been determined misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any state or federal regulatory agency, the CONTRACTOR shall notify the CITY's Procurement Services Division within two (2) business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non -conforming shall not in any way impact, negate, or diminish the CONTRACTOR's duty to notify the CITY, CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product; the approximate date the affected product was delivered to the CITY; the bid number; and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY, if necessary to protect the health, welfare, and safety of CITY employees, and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall, at the option of the CITY's Procurement Services Division, either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the CITY. The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY, without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY, the CONTRACTOR may be required to reimburse storage, disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS: 17.18.1 All copies and contents of any proposal, attachment, and explanation thereof submitted in response to this Invitation to Bid (except copyright material), shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use, at its discretion, and in any manner, it deems appropriate, any concept, idea, technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract, in accordance with Florida Statutes, Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract, or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable, the remainder of this Bid or Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Bid/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions contained in U.S. C. Section 1324a(e) (Section274A9e) of the Immigration and Nationality Act (INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards: Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards, the one having the more stringent requirement shall govern. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 62 of 173 I d'2 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents, the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Board Products Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti -Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associated General Contractors of America AGMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers (Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association (Now ANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's Association BIA Brick Institute of America (Formerly, SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Florida Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East -Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 63 of 173 I d'2 GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders' Hardware Association NBS National Bureau of Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors' Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S. Department of Labor, Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre -stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PSIA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station (100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories, Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation -to -Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials (ASTM International) AWG American Wire Gauge BD Building distributor (replacing main -cross connect and MDF as "building service" (room identifiers) BICSI® Building Industry Consulting Service International, Inc. BTU British Thermal Unit CATV Community Antenna Television (Cable Television) CD Campus distributor (replacing main -cross connect and MDF as "campus -wide service" room identifiers). Also, compact disk for storage of audio or video information. dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene -polypropylene -diene membrane BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 64 of 173 I d'2 EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room, Replacing "TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross -connect, and telecommunications as "building service" room identifiers). Also, Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far -End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GE Ground equalizer (replacing TBBIBC) Gnd Ground HB Handbox, also hose bibb for water supply part of plumbing system HC Horizontal Cross -Connect (replaced byfloor distributor "FD") HH Handhole HVAC Heating, Ventilation, and Air -Conditioning Hz Hertz IC Intermediate Cross -Connect (replaced by "BD" or "FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross -Connect (replaced by campus distributor "CD") MDF Main Distributor Frame (replaced by "CD" or "BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile -butadiene rubber NEC National Electric Safety Code, C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor (replaced by ground equalizer "GE") TE Telephone Equipment (Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room (being replaced with "ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified by Weights and Measures Division, NIST., U.S. Department of Commerce, 100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899-26. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV GENERAL CONDITIONS Page 65 of 173 I d'2 SPECIAL CONDITIONS CURED -IN-PLACE PIPE LINING (CIPP) BOYNTON BEACH BOULEVARD 20 INCH SANITARY SEWER RFQ No.: UTL22-013 ITB 01-CIPP2-23 BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SPECIAL CONDITIONS Page 66 of 173 1 Al TABLE OF CONTENTS BOYNTON BEACH BOULEVARD 20 INCH SANITARY SEWER ITB 01-CIPP2-23 SPECIAL CONDITIONS SECTION 01000 — GENERAL REQUIREMENTS SECTION 01010 — SUMMARY OF PROJECT SECTION 01025 — MEASUREMENT AND PAYMENT PROCEDURES SECTION 01027 —APPLICATION FOR PAYMENT SECTION 01041 — PROJECT COORDINATION SECTION 01050- FIELD ENGINEERING SECTION 01065 — PERMITS AND FEES SECTION 01110 — ENVIRONMENTAL PROTECTION PROCEDURES SECTION 01200 — PROJECT MEETINGS SECTION 01310 — PROGRESS SCHEDULE SECTION 01340 — SHOP DRAWINGS, WORK DRAWINGS AND SAMPLES SECTION 01370- SCHEDULE OF VALUES SECTION 01505 — MOBILIZATION SECTION 01540 —SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS SECTION 01570 — MAINTENANCE OF TRAFFIC SECTION 01600 — MATERIALS AND EQUIPMENT SECTION 02322 — DEWATERING AND DRAINAGE BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SPECIAL CONDITIONS — TABLE OF CONTENTS Page 67 of 173 0 SECTION 01000 - GENERAL REQUIREMENTS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: The work to be done consists of the furnishing of all labor, materials and equipment, and the performance of all work included in this Contract. The summary of the Work is presented in Section SCO1010: Summary of Project. B. Work Included: The Contractor shall furnish all labor, superintendence, materials, plant power, light, heat, fuel, water, tools, appliances, equipment, supplies, and means of construction necessary for proper performance and completion of the work. The Contractor shall perform and complete the work in the manner best calculated to promote rapid construction consistent with safety of life and property and to the satisfaction of the Consultant, and in strict accordance with the Contract Documents. The Contractor shall clean up the work and maintain it during and after construction, until accepted, and shall do all work and pay all costs incidental thereto. The CONTRACTOR shall repair or restore all structures and property that may be damaged or disturbed during performance of the work. The cost of incidental work described in these Contract Requirements, for which there are no specific Contract Items, shall be considered as part of the general cost of doing the work and shall be included in the prices for the various Contract Items. No additional payment will be made aforementioned incidental work. The Contractor shall provide and maintain such modern plant, tools, and equipment as may be necessary, in the opinion of the Consultant, to perform in a satisfactory and acceptable manner all the work required by this Contract. Only equipment of established reputation and proven efficiency shall be used. The Contractor shall be solely responsible for the adequacy of its workmanship, materials, and equipment. 1.02 CONTRACT DOCUMENTS A. The Technical Specifications consist of three (3) parts: General, Products and Execution. The General part of a Specification contains General Requirements which govern the work. Products and Execution Parts modify and supplement the General Requirements by detailed requirements for the work and shall always govern whenever there appears to be a conflict. B. Intent: 1. Work not specified in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the work, is required and shall be performed by the Contractor as though it were specifically delineated or described. The silence of the Specifications as to any detail, or the omission from them of a detailed description concerning any work to be done and materials to be furnished, shall be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of the best quality is to be used, the interpretation of these Specifications shall be made upon that basis. 1.03 MATERIALS AND EQUIPMENT A. Manufacturer: All transactions with the manufacturers or subcontractors shall be through the Contractor. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 -REV GENERAL REQUIREMENTS Page 68 of 173 I Al 2. Any two (2) or more pieces of material or equipment of the same kind, type or classification, and being used for identical types of service, shall be made by the same manufacturer. B. Delivery: The Contractor shall deliver materials in ample quantities to insure the most speedy and uninterrupted progress of the work so as to complete the work within the allotted time. 2. The Contractor shall also coordinate deliveries in order to avoid delay in, or impediment of, the progress of the work of any related Contractor. 1.04 INSPECTION AND TESTING A. General: For tests specified to be made by the Contractor, the testing personnel shall make the necessary inspections and tests and the reports thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five (5) copies of the reports shall be submitted and authoritative certification thereof must be furnished to the Consultant as a prerequisite for the acceptance of any material or equipment. If, in the making of any test of any material or equipment, it is ascertained by the Consultant that the material or equipment does not comply with the Contract Documents, the Contractor will be notified thereof and he will be directed to refrain from delivering said material or equipment, or to remove it promptly from the site or from the work and replace it with acceptable material, without cost to the CITY. Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized federal, state and local law test codes and manufacturer recommendation. B. Costs: All inspection and testing of materials furnished under this Contract will be provided by the Contractor, unless otherwise expressly specified. Materials and equipment submitted by the Contractor as the equivalent to those specifically named in the Contract may be tested by the CITY for compliance. The Contractor shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. C. Certificate of Manufacture: Contractor shall furnish Consultant authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the work have been manufactured and tested in conformity with the Contract Documents upon Project completion. These certificates shall be notarized and shall include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. D. Startup Tests 1. As soon as conditions permit, the Contractor shall furnish all labor, materials, and instruments and shall make start-up tests of equipment. If the start-up tests disclose any equipment furnished under this Contract which does not comply with the requirements of the Contract Documents, the Contractor shall, prior to demonstration tests, make all changes, adjustments and replacements required. The furnishing Contractor shall assist in the start-up tests as applicable. 1.05 CARE AND PROTECTION OF PROPERTY The Contractor shall be responsible for the preservation of all public and private property, and shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the contractor, at his expense, to a condition similar or equal to BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV GENERAL REQUIREMENTS Page 69 of 173 I Al 0 that existing before the damage was done, or he shall make good the damage in other manner acceptable to the Consultant. 1.06 MEASUREMENT AND PAYMENT Payments will be made on completion of each phase of the Work and acceptance by the CITY shall be made pursuant to this Contract. 1.07 WORKING HOURS: Working on this Contract shall be conducted during normal working hours PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) (7:00 AM to 5:00 PM) on weekdays. Unless otherwise authorized in writing by the Project Manager, no work shall be performed on weekends, on City observed holidays or between 5 00 PM and 7:00 AM on weekdays. 2. Construction observation and/or inspection services needed beyond normal working hours as defined above shall be paid for by the Contractor at an hourly rate of $100.00 for each inspector providing such services. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV GENERAL REQUIREMENTS Page 70 of 173 I Al 0 SECTION 01010 -SUMMARY OF PROJECT PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS/REQUIREMENTS INCLUDED A. The City of Boynton Beach is seeking Bids from the vendors pre -qualified as a result of Request For Qualifications No. UTL22-013 — Cured in Place Pipe Lining for the Installation of Cured -In -Place Pipe Liner using a Resin - Impregnated Flexible Tube Method that is formed to the original conduit by use of a hydrostatic head. B. Rehabilitations will be made to the City's Wastewater System and generally consist of, but are not limited to performing cleaning the existing sewer gravity mains and service laterals; an internal pre -rehabilitation closed circuit television (CCTV) inspection; furnishing and installing a cured -in-place pipe (CIPP) mainline liner; reconnection installing cleanout and lining and grouting of existing service laterals; obtaining material field samples for testing; preparation of inspection reports; and, performing internal closed circuit television (CCTV) post - rehabilitation final inspections. C. The Scope of Work for this specific Cured -In - Place Pipe Lining project consists of installation of 500 320 linear feet of an existing 20 -inch diameter sanitary sewer pipe (Boynton Beach Blvd. and 4000 linear feet of existing 8 -inch diameter sanitary sewer pipe in multiple areas (NE 26th Ave., Summit Rd., and Boynton Lakes. 2) Cured in Place Lining installation of 50 service laterals. The work also includes, but is not limited to furnishing all labor, materials, equipment, maintenance of traffic, by-pass pumping, removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as required to complete the work. All work will be completed in accordance to the technical specifications. D. Omission of a specific item or component of a system obviously necessary for the proper functioning of the equipment or system shall not relieve the Contractor of the responsibility of furnishing the item as part of the work at no additional expense to the Owner. execution and completion of work. Concurrent with the installation of the water main, drainage or sanitary sewer improvements and when shown on the project construction drawings, the work includes swale development and improvements on both sides of the streets in the project area. Work includes re -grading, driveway apron reconstruction and all surface restoration. G. Restoration shall immediately follow the acceptance of required system testing and be performed as required by Section 02960 RESTORATION OF SURFACE IMPROVEMENTS. 1.02 RELATED REQUIREMENTS A. Section SCO1025: Measurement and Payment Construction Facilities and Temporary Controls: Section SCO1500 C. Restoration of Surface Improvements: Section SCO2960 1.03 CONTRACTS A. Construct the Work in accordance with Section SCO1025: Measurement andPayment Procedures. 1.04 CONTRACTOR'S USE OF SITE/PREMISES A. Contractor shall limit their use of the premises for Work and storage, to the areas designated. B. Coordinate use of premise under direction of CITY and/or Consultant. C. Assume full responsibility for the protection and safekeeping of Products under this Contract, stored on the site. D. Move any stored Products, under Contractor's control, which interfere with operations of the CITY, other contractors or the public. E. Except as specifically noted elsewhere, Contractor(s) shall provide and pay for all labor, materials, equipment, tools, 1.05 SAFETY AND OSHA COMPLIANCE construction equipment and machinery, transportation, water, heat, utilities, and A. The Contractor shall comply in all temporary facilities necessary for the proper respects with all Federal, State and Local BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV SECTION 01010- SUMMARY OF PROJECT Page 71 of 173 IAA safety and health regulations. Copies of 3.2 GENERAL the Federal regulations may be obtained from the U.S. Department of Labor, A. The Contractor shall, prior to entering Occupation Safety and Health any section, prepare Pre - Administration (OSHA), Washington, DC Construction video and digital 20210 or their regional offices. photographs, in accordance with Section 01390 VIDEO SITE SURVEY, ofeach B. The Contractor shall comply in all property and Right -of -Way (ROW) respects with the applicable Workman's areas to determine existing site Compensation Laws. conditions. Together the video and photographs will provide the basis for the PART 2 — PRODUCTS condition of restoration required in Section 02960 RESTORATION OF 2.1 All materials are to be MADE IN THE UNITED SURFACE IMPROVEMENTS. STATES OF AMERICA. Allowable exceptions are ductile iron fittings supplied by American B. The Contractor shall notify all Cast Iron Pipe Company from Brazil, Sigma property owners / residents forty-eight Corporation from China, and Star -Pipe (48) hours prior to working in public Products from the United States and China; Rights -of -Way or easements affecting or and Electronic Marking System (EMS) full- adjoining their properties. Notification range makers by 3M from Mexico. shall be by hand- delivered flyer that shall contain the following information: 2.2 SALVAGED MATERIALS 1. Project Name In the absence of special provisions to the Contract, salvaged materials, equipment 2. Date of Commencement or supplies that occur are the property of the CITY and shall be cleaned, stored and 3. Description of work delivered to the CITY as directed by the CITY's Project Manager. 4. Name of contractor 5. Name of Contractor's 2.3 CERTIFIED CHEMICALS Representative The Contractor shall use U.S. Department of Agriculture certified chemicals only during performance of all work under this contract. All chemicals used during project construction or furnished for project whether herbicide, pesticide, disinfectant, polymer, reactant or other classification, must show approval of either EPA or USDA and be accompanied by an MSDS. Use of all such chemicals and disposal of residue shall be in strict conformance with manufacturer's instructions. PART 3 — EXECUTION 3.1 CONTRACTOR SUPERVISION A. As required by the Contract Documents, the Contractor's Project Representative (Superintendent) shall be on site at all times and actively engaged in controlling and coordinating all on site project activities including direction and oversight of self- performed and subcontractor work activities. B. The Superintendent/Contractor's Project Representative shall have the full authority to receive instructions to execute the orders or directions of the CITY and Consultant. 6. Local Phone Number of Contractor's Representative The CITY must approve the Contractor's notification prior to issuance. Contractor must submit Contractor's Notification to CITY and CONSULTANT in writing within one (1) week prior to working in public Right -Of -Ways (ROW) or easements affecting for adjoining property owner's property. C. The Contractor shall, prior to the removal of any fences, erect temporary fences to secure the owner's property. These temporary fences shall be of 4' high woven wire (2" x 4" grid), on the T line post 10' on centers. These fences shall run along the easement line and will remain in place until the permanent fence is re -erected. D. The Contractor shall not start major construction activities, such as pipeline and structure excavations, or preparation for major activities, such as setting well points and header pipe, just prior to extended holiday periods such as the typical week taken off at the end BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01010 - SUMMARY OF PROJECT Page 72 of 173 1 A of each year. 3.3 NPDES COMPLIANCE A. Prior to the commencement of work, the Contractor must obtain the permit coverage for stormwater discharge from large and small construction activities and must implement appropriate pollution prevention techniques and SWPPP to minimize erosion and sedimentation to properly manage the stormwater runoff. The Contractor shall prepare a NPDES Site Plan including sketches and Best Management Practice procedures for review and comment from the Project Manager. The NPDES Site Plan shall include the control of stormwater, ground water and subsurface water during dewatering operations. (DEP adopted Rule 62-621.300 (4), F.A.C., with specific provisions for requesting permit coverage for the management of stormwater discharge from large and small construction activities.) B. The permit coverage for construction activities is to be obtained by submitting DEP form 62-621.300 (4) (b) Notice of Intent (NOI) to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities and by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP). After construction is complete, Notice of Termination (NOT) to discontinue the permit coverage is to be submitted by utilizing form 62-621.300 (6). C. For additional information contact NPDES Stormwater Section at: Florida Department of Environmental Protectio n Tallahassee, FL 32399- 2400 (850) 921-9904 3.4 PROTECTION OR REMOVAL OF UTILITY LINES A. Prior to construction the Contractor shall Locate for physical location, elevation and Dimensions and adequately uncover existing utilities, (within the path of its proposed work), to determine possible conflicts. By starting underground constructions, the Contractor has agreed that it is fully responsible for all damages and/or delays that may arise from not having adequately locating the underground utilities. This applies to underground utilities that are shown on the project construction drawings and those that have been physically marked in the field by the various locating organizations or agencies. Information provided on the plans may be used as an approximate guide to assist the Contractor; however, the Contractor shall rely on actual field investigation to assure that all of the existing utilities are accurately located prior to commencement of its work. C. Existing structures reflect the best available information, but it shall be the Contractor's responsibility to acquaint itself with all information and to avoid conflict with existing conditions. Contractor shall protect all existing utility lines that are to be retained, or utility line constructed during excavation operations, from damage during excavation and backfilling; if damaged, repair at Contractor's expense. D. Existing Utility Lines to be Retained: Contractor shall repair damaged lines that are not shown on drawings, or locations of which are not known to Contractor insufficient time to avoid further damage. E. Uncharted or incorrectly charted underground utilities that are discovered during construction shall be incorporated into the project As-Builts with vertical and horizontal coordinates. F. Prior to commencement of any excavation, the Contractor shall comply with Florida Statute 553.851 for the protection of underground gas lines and underground telecommunication lines. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01010 - SUMMARY OF PROJECT Page 73 of 173 1 A SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 GENERAL A. The Contractor shall receive and accept the compensation provided in the Bid and the Contract as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the Contract, and also in full payment for all loss or damages arising from the nature of the work, or from any discrepancy between the actual quantities of work and quantities herein estimated by the CONSULTANT, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the CITY. B. The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work and specified herein. The basis of payment for an item at the unit price shown in the proposal shall be in accordance with the description of that item in this Section. C. The Contractor's attention is again called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Payment Items, he shall include the cost for that work in some other applicable bid item, so that his proposal for the project does reflect his total price for completing the work in its entirety. 1.02 MEASUREMENT A. The quantities for payment under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained herein. 1.03 AUTHORITY A. Measurement methods delineated in the FDOT Standard Specifications for Road and Bridge Construction 2000 Edition, or the individual specification sections complement the criteria of this section. In the event of conflict, the Contractor shall notify the CITY in writing. In determining the resolution, the CITY shall consider the requirement of the individual specification section, FDOT requirements and this Section. B. Any requirements of the Contract Documents, i.e., technical specifications or project construction drawings for which the method of payment is not explicitly defined are considered to be incidental costs and should be included in other pay items as appropriate. 1.04 RELATED SECTIONS: A. Testing Allowance B. Applications for Payments: Section SC1027 C. Shop Drawings, Working Drawings, and Samples — Section SC01340 D. Schedule of Values: Section SCO1370 E. Change Order Procedures: Section SC01153 F. Field Engineering: Section SCO1050 G. Record Drawing Requirements — BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES Page 74 of 173 IAA Section SCO1705 H. Testing Specific Utility Systems 1. Refer to Section 02513 POTABLE WATER AND RECLAIMED WATER DISTRIBUTION SYSTEMS for applicable and specific requirements. Contractor is responsible for all testing costs associated with these systems. 1.05 ALLOWANCES A. When a Testing Allowance is identified on the Schedule of Bid Items, the following applies: 1. Costs in Testing Allowance includes engaging a certified, testing agency; execution of tests; and reporting results as approved by the CITY and CONSULTANT. 2. Costs not included in the Testing Allowance: a. Costs of testing services used by Contractor separate from Contract Document requirements b. Testing agency's stand-by time. c. Costs of retesting upon failure of previous tests as determined by the CONSULTANT. 3. Only those items qualified for CITY's reimbursement shall be considered. Such items may include water quality testing of dewatering activities, geotechnical, concrete strength cylinders, special compaction and proctor testing, etc. All predetermined items shall have written, advance approval of the CITY. 4. Payment Procedures: a. Submit two (2) copies of the testing and/or inspecting firm's invoice and copies of the Test Reports with next Application for Payment to the CITY. b. Reimbursement to the Contractor upon proof of payment (to the testing and/or inspecting firm) on approval by the CONSULTANT. B. When other allowances, such as NPDES permit and/or SFWMD dewatering permit application fees, or coordination with FP&L/AT&T/ Comcast or other utility are identified on the Schedule of Bid Items, the following applies: 1. Only those items qualified for CITY reimbursement shall be considered. All items shall have written, advance approval of the CITY. 2. Payment Procedures: a. Submit one (1) copy of the agreed invoicing format with proof of payment (as applicable) with next Application for Payment. 1.06 SCHEDULE OF VALUES A. Submit Schedule of Values at the Pre -Construction Meeting. B. The Schedule of Values shall be a computer generated original. When the Contractor's proposed Schedule of Values is accepted by the CITY, it shall become the basis for the Application for Payment. C. Contractor shall only revise the accepted Schedule of Values to identify, as separate line items approved on a Field Order or Change Order. The CITY may issue a Field Order substituting or modifying Schedule of Value items. 1.07 APPLICATIONS FOR PAYMENT A. Submit one (1) Application for BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES Page 75 of 173 0 Payment (AFP). After certification D. When existing Right -Of -Way (ROW) by the CONSULTANT, the CITY for irrigation must be disturbed due to review, authorization and pipeline installation or swale processing. development, any existing irrigation lines shall be marked on the B. Content and Format: Utilize Contractors drawings prior to or at Schedule of Values for listing items the time of temporary cutting -&- in Application for Payment outlining capping. The replacement of the following: existing irrigation in the Public Right - Of -Way as the result of pipeline 1. Provide a column for each of the installation or swale development is following: NOT a pay item. Replacement of existing ROW irrigation shall be a. Item Number incidental to the Unit Price of the pipeline or swale development. b. Item Description 1.08 MEASUREMENT OF AND PAYMENT c. Quantity FOR WORK d. Unit of measurement A. Monthly Payments to the e. Scheduled Value Contractor. The Contractor shall plan its work for construction on the f. Change Orders basis of twelve (12) monthly pay periods per year. So long as the g. Work Completed: work is prosecuted in compliance 1. Previous Period with the provisions of the Contract, (Quantity and Value) the Contractor will, on or about the 2. This Period (Quantity last day of the pay period, make an and Value) approximate estimate, in writing on a form approved by the CITY of the h. To Date (Quantity and proportionate value of the work Value) done, items, and locations of the work performed up to and including i. Percentage of Completion the last day of the period then ending. The CONSULTANT will j. Balance to Finish then review such estimate and make the necessary recommendations to k. Retainage the Contractor for revision. The Contractor shall revise the NOTE: There is no column for Application for Payment and "Materials Stored", the CITY resubmit to the CONSULTANT for does not pay for items ordered review and Certification. Redlined and/or stored on site. As Applications for Payment will not defined later in this Section, be accepted by the CITY. If the payment for pay items are paid Contractor and the CONSULTANT for once the item is installed, do not agree on the approximate measured in place, completed estimate of the proportionate value and accepted. of the work done for any pay period, the determination of the C. Application for Final Payment must CONSULTANT shall be binding. be marked FINAL. Contractor must The amount of such estimate after include in the FINAL AFP package, deducting ten percent (10%) and all proof of payment and final previous payments, shall be due and settlement with the CITY with payable to the Contractor in regards to any temporary and/or accordance with the Florida Prompt construction water meters used Payment Act, §218.70 Florida during the course of the project. Statutes, as may be amended from BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES Page 76 of 173 IAA time to time. 2. If the actual Work requires more or fewer quantities than those quantities indicated in the bid items, Contractor shall provide B. Substantiating Data: When the the required quantities at the CONSULTANT requires unit sum/prices contracted. substantiating information, Contractor shall submit data D. Payment Includes: Full compensation for justifying quantities and dollar required labor, products, tools, amounts in question. Contractor equipment, facilities, transportation, shall provide three (3) copies of data services and incidentals; erection; with cover letter for each copy of application or installation of an item of the submittal showing application Work; and overhead and profit. number and date, and line item by number and description. E. Final payment for Work governed by unit prices will be made on the basis of the 1.09 MEASUREMENT AND PAYMENT - actual measurements and quantities UNIT PRICES accepted by the CONSULTANT and CITY, multiplied by the unit sum/price for A. Measurement methods delineated in Work, which is incorporated in or made individual specification sections necessary by the Work. complement criteria of this section. In event of conflict, requirements of 1.10 Measurement of Quantities: individual specification section govern. A. Weigh Scales: Inspected, tested and certified by the applicable State of Florida B. Contractor shall take daily and Weights and Measures department weekly measurements and compute within the past year. quantities. The Contractor shall review and sign these daily and B. Platform Scales: Of sufficient size and weekly measurements with the capacity to accommodate the conveying CONSULTANT. The vehicle. CONSULTANT shall also sign -off on the weekly measurement sheets C. Metering Devices: Inspected, tested and indicating the CONSULTANT's certified by the applicable State of Florida progressive concurrence with the Weights and Measures Department quantities. The Contractor shall within the past year. transmit the signed -off weekly measurement sheets to the D. Measurement by Weight: Concrete CONSULTANT. These reinforcing steel rolled or formed steel or measurement sheets shall be used other metal shapes will be measured by to form the basis of the quantities handbook weights. Welded assemblies claimed on the Application For will be measured by handbook or scale Payment. weight. C. Unit Quantities E. Measurement by Volume: Measured by cubic dimension using mean length, 1. Quantities indicated in the width and height or thickness. Schedule of Bid Items are for bidding and contract purposes F. Measurement by Area: Measured by only. Quantities and square dimension using mean length and measurements supplied or width or radius. placed in the Work and verified by the Consultant and CITY G. Linear Measurement: Measured by linear determine payment. dimension, at the item centerline. Minor offsets (less than a total of five (5) feet) will not be measured for payment. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES Page 77 of 173 IAA 0 Measurement shall be along the horizontal axis at finished grade. H. Stipulated Sum/Price Measurement: Items measured by weight, volume, area, or linear means or combination, as appropriate, as a completed and accepted item or unit of the Work. Payment for Work does not indicate acceptance. Work items previously paid for may require additional work effort to bring them into compliance with the requirements of the specific technical specifications and/or project drawings. 1.11 UNIT OF MEASURE — SCHEDULE OF BID PRICES A. Payment for furnishing and installing those items cited in the Schedule of Bid Items and subsequent Schedule of Values is noted herein. If "remove and replace" is indicated on the project construction drawings (by either annotation or line weight), then the item descriptions below include the removal and proper disposal of the existing items. B. Furnish and Install CIPP Rehabilitation - Sanitary Sewer Mains - Bid Items No. A -1-B-1 1. Method of Measurement: The quantity to be paid for under this section shall be for linear feet. 2. Basis of Payment: Payment shall be at the Contract Unit Price and shall include, but not be limited to, furnishing all materials, labor, and equipment required to install the cured -in-place lining for the gravity sewer main, including any other work described on the plans or required for a complete and functional system. C. Cleaninq and Inspection Sanitary Sewer Mains - Bid Item No. C-1 — F- 2 1. Method of Measurement: The quantity to be paid for under this section shall be for linear feet. D. Furnish and Install Lateral Grouting — Sanitary Sewer - 4" Diameter— Lateral Liner- Bid Item G- 1 — G-4 Method of Measurement: The quantity to be paid for under the sections of G-1, G-3, G-4 shall be based on each usage basis. 2. Method of Measurement: The quantity to be paid for under the section G-2 shall be for linear feet. Ancillary Services - By -Pass Pumping Setup and Operation 10" Diameter or Less- Bid Item H-1 1. Method of Measurement: The quantity to be paid for under this section shall be based on a daily basis. Ancillary Services - Traffic Control- City Right of Way- Bid Item I 1. Method of Measurement: The quantity to be paid for under the section 1-1 shall be based on a daily basis. G. Ancillary Services - Traffic Control- FDOT Riaht of Wav - Bid Item J 1. Method of Measurement: The quantity to be paid for under the section I -J shall be based on a daily basis. H. Indemnification- Bid Item No. IN -1 1. Payment under this item is in accordance with of the Front -End Contract Documents. I. Mobilization/Demobilization, Bonds. Insurance & General Requirements — Bid Items No. GC -1 Payment for the General Conditions shall be made per item and shall be full compensation for preparatory work and operations in mobilizing and demobilizing for the project including but not limited to, those operations necessary for the BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES Page 78 of 173 movement of personnel, equipment, supplies and incidentals to and from the project site, Maintenance of Traffic, for establishment of temporary offices, buildings, safety equipment, sanitary and other facilities and compliance with permit conditions for permits secured by either the Owner or Contractor. 2. MOT plans shall be required forwork within City of Boynton Beach R -0- W. 3. Audio Video Documentation shall be performed pre and post construction as specified in Special Conditions SCO1390 VIDEO AND PHOTOGRAPHIC SITE SURVEY. 4. The cost of bonds, permits, required insurance and any other pre - construction expense necessary for the start of the work shall also be included in the General Conditions. 2 PART 2 PRODUCTS Not Used. 3 PART 3 EXECUTION Not Used. * SPECIAL NOTE: The CITY retains the option to utilize up to 20% of the excess material from excavation and trenching operations. If the CITY exercises this option, Contractor shall stockpile the excess material and deliver to the CITY's facility as directed by the CITY's Representative. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES Page 79 of 173 IAA 0 SECTION 01027 - APPLICATIONS FOR PAYMENTS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Submit Applications for Payment to the CONSULTANT in accordance with schedule established by Conditions of the Contract and Agreement between CITY and Contractor. B. Related requirements described elsewhere: 1. Agreement: 2. Application for Payment Form 3. Progress Schedules: Section SC01310. 4. Schedule of Values: Section SCO1370 5. Construction Photographs: Section SC01380. 6. Contract Closeout: Section SC01700. 7. Project Record Documents: Section SC01720. 1.02 FORMAT REQUIRED A. Submit applications typed on form acceptable to CITY, Documents (Application for Payment Form), with itemized data typed on 8-1/2 inch x 11 inch or 8-1/2 inch x 14 -inch white paper continuation sheets. 1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to date of submittal of application. 2. Fill in percent complete for each activity and dollar value to agree with respective percent. 3. Execute certification with signature of a responsible officer of Contract firm. B. Continuation Sheets: 1. Fill in total list of all scheduled component items of work, with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed. Round off values to nearest dollar, or as specified for Schedule of Values. 3. List each Change Order executed prior to date of submission, at the end of the continuation sheets. List by Change Order Number, and description, as for an original component item of work. 4. As provided for in the "Application for Payment" form, the Contractor shall certify, for each current pay request, that all previous progress payments received from the CITY, under this Contract, have been applied by the Contractor to discharge in full all obligations of the Contractor in connection with Work covered by prior Applications for Payment, and all materials and equipment incorporated into the Work are free and clear of all liens, claims, security interest and encumbrances. Contractor shall attach to each Application for Payment like affidavits by all subcontractors. 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. Contractor shall submit suitable information, with a cover letter identifying: 1. Project. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV SECTION 01027 -APPLICATIONS FOR PAYMENTS Page 80 of 173 BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV SECTION 01027 -APPLICATIONS FOR PAYMENTS Page 81 of 173 IAR 2. Application number and date. revised or missing information 3. Detailed list of enclosures. according to the CONSULTANT's instructions. Otherwise, the B. Submit one (1) copy of data and Contractor shall prepare and submit cover letter for each copy of to the CITY or CONSULTANT an application. invoice in accordance with the estimate as approved. CITY will pay C. The Contractor is to maintain an Contractor, in accordance with Florida Prompt Payment Act, updated set of drawings to be used §218.70, Florida Statutes, as may be as record drawings in accordance amended from time to time. with Section SCO1720: Project Record Documents. As a C. Each Application For Payment shall prerequisite for monthly progress be accompanied by an updated payments, the Contractor is to project schedule (three-week ahead submit the updated record drawings schedule) along with the for review by the CITY and the Construction/Progress photographs CONSULTANT. and Project Record Drawings in accordance with Section SCO1720: D. Each monthly application for PROJECT RECORD DOCUMENTS payment shall incorporate the and SCO1380: CONSTRUCTION corresponding "monthly progress PHOTOGRAPHS or as directed by status report" prepared per the the CITY. Any Application For requirements of Section SCO1310: Payment that is received without Progress Schedules. these items will be returned to the Contractor without review. E. Contractor shall submit a duly executed letter from surety D. The Contractor shall prepare a consenting to payment due and schedule of values by phases of progress to date. work to show a breakdown of the Contract Sum corresponding to the F. Provide construction photographs in payment request breakdown and accordance with Section SCO1380: progress schedule line items. The Construction Photographs. schedule of values must also show dollar value for each unit of work 1.05 PROGRESS PAYMENT PROCEDURES scheduled. Approved Change Order items shall be added as A. The Contractor will prepare and separate line items. submit four (4) original monthly invoices for work completed during E. Prior to initial payment request, the the one-month period. Application Contractor shall submit the following For Payment shall be submitted in the format of the sample form documents to the CITY and provided by the CITY. All Consultant for their review and information must be completed for approval: the pay application to be accepted. CITY's purchase order number for 1. List of principle subcontractors the project must be placed on each and suppliers. application. The Application for Payment must be submitted at least 2. Schedule of values. three (3) days in advance in an electronic format for review by the 3. Shop drawing log. CITY and CONSULTANT for approval. Redlined Applications 4. Project schedule. for Payment will not be accepted by the CITY. 1.06 PREPARATION OF APPLICATION FOR B. If the Application for Payment and FINAL PAYMENT support data are not approved, the Contractor is required to submit new, A. Fill in Application form as specified BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV SECTION 01027 -APPLICATIONS FOR PAYMENTS Page 81 of 173 IAR for progress payments. Provide information as required by the General Conditions and Section SCO1700: Contract Closeout. B. Furnish evidence of completed operations insurance in accordance with the General Conditions. C. Provide Final Release of Lien and other closeout submittals as required by the General Conditions. 1.07 SUBMITTAL PROCEDURES A. Submit Applications for Payment to the CITY at the time stipulated in the Agreement. Review the percents complete with the CONSULTANT and resolve any conflicts or discrepancies. B. Number of copies for each Final Application for Payment: 1. CITY: Two (2) copies. 2. CONSULTANT: One (1) copy 2. Contractor: As required for its needs. C. When the CONSULTANT finds Application properly completed and correct, it will transmit the certificate for payment to the CITY, with copy for the Contractor. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 Upon receipt by CONSULTANT and CITY of Contractor's written Notice of Final Completion of its work under this Contract, CONSULTANT and CITY shall verify all work has been completed on the project. When all work has been verified as complete, and the Contractor submits the items listed below, the Contractor may submit a final Application For Payment: A. Complete work listed as incomplete at the time of Substantial Completion and obtain CONSULTANT certification of completed Work. B. Provide copy of records indicating notification to all subcontractors and material suppliers of Contractor's Performance and Payment Bonds. C. Transfer operational, access, security and similar provisions to CITY; remove temporary facilities, tools and similar items. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV SECTION 01027 -APPLICATIONS FOR PAYMENTS Page 82 of 173 IAR SECTION 01041 - PROJECT COORDINATION PART I — GENERAL c. Recommendations 1.01 REQUIREMENTS INCLUDED d. Coordination of drawings A. The Contractor shall: e. Schedules 1. Coordinate work of its employees and subcontractors. f. Resolution of conflicts 2. Expedite its work to assure 3. Interpret Contract Documents: compliance with schedules. a. Transmit written 3. Coordinate its work with that of interpretations to work by CITY. Contractor, and to other concerned parties. 4. Comply with orders and instructions of CITY. 4. Assist in Obtaining permits and approvals: 1.02 RELATED REQUIREMENTS a. Verify that Contractor and A. Section SCO1010: Summary of subcontractors have Project. obtained inspections for Work and for temporary B. Section SCO1027: Applications for facilities. Payment. 5. Control the use of Site: C. Section SCO1200: Project Meetings. a. Allocate space for D. Section SC01310: Progress Contractor's use for field Schedules. offices, sheds, and work and storage areas. E. Section SCO1340: Shop Drawings, Work Drawings and Samples. 6. Inspection and Testing: F. Section SC01500: Construction a. Inspect work to assure Facilities and Temporary Controls. performance in accord with requirements of Contract G. Section SC01700: Contract Documents. Closeout. b. Administer special testing 1.03 CONSTRUCTION ORGANIZATION & and inspections of suspect START-UP Work. A. CITY shall establish on-site lines of c. Reject Work, which does authority and communications: not comply with requirements of Contract 1. Schedule and conduct pre- Documents. construction meeting and progress meetings as specified d. Coordinate Testing in Section SCO1200: PROJECT Laboratory Services: MEETINGS. 1. Verify that required 2. Establish procedure for: laboratory personnel are present. a. Submittals 2. Verify that tests are b. Reports and records made in accordance with specified BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01041 - PROJECT COORDINATION Page 83 of 173 standards. Contract Documents: 3. Review test reports for a. Field dimensions and compliance with clearance dimensions. specified criteria. 4. Recommend and b. Relation to available administer any space. required re -testing. c. Effect of any changes on 1.04 CONTRACTOR'S DUTIES the work of any subcontractor. A. Construction Schedules: A. Review Drawings prepared by 1. Prepare a detailed schedule of Mechanical and Electrical basic operations. subcontractors: 2. Monitor schedules as work 1. Prior to submittal to CITY, progresses: review for compliance with Contract Documents: a. Identify potential variances between scheduled and B. Prepare Coordination Drawings as probable completion dates required to resolve conflicts and to for each phase. assure coordination of the work of, or affected by, mechanical and b. Recommend to CITY electrical trades, or by special adjustments in schedule to equipment requirements. meet required completion dates. 1. Submit to CITY. c. Document changes in 2. Reproduce and distribute schedule; submit to CITY, copies to concerned parties and to involved after CITY review. subcontractors. C. Maintain reports and records at job 3. Observe work of each site, available to CITY. subcontractor to monitor compliance with schedule. 1. Daily log of progress of work. a. Verify that labor and 2. Records. equipment are adequate for the work and the a. Contracts. schedule. b. Purchase orders. b. Verify that product procurement schedules are c. Materials and equipment adequate. records. c. Verify that product d. Applicable handbooks, deliveries are adequate to codes and standards. maintain schedule. 3. Maintain file of record d. Report noncompliance to documents. CITY, with recommendation for 1.05 CONTRACTOR'S CLOSE-OUT DUTIES changes. A. Mechanical and Electrical B. Process Shop Drawings, Product equipment start-up: Data and Samples: 1. Coordinate checkout of utilities, 1. Prior to submittal to CITY, operational systems and review for compliance with equipment. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01041 - PROJECT COORDINATION Page 84 of 173 2. Organize initial start-up and testing. 3. Record dates of start of operation of systems and equipment. 4. Submit to CITY written notice of beginning of warranty period for equipment put into service. B. At completion of Work, conduct an inspection to assure that: 1. Specified cleaning has been accomplished. 2. Temporary facilities have been removed from site. C. Substantial Completion: 1. Conduct an inspection to develop a list of Work to be completed or corrected. 2. Assist CITY in inspection. 3. Supervise correction and completion of work of subcontractors. 1.06 CITY'S CLOSE-OUT DUTIES A. Final Completion: 1. When Contractor determines that work is finally complete, conduct an inspection to verify completion of Work. B. Administration of Contract closeout: 1. Receive and review Contractor's final submittals. 2. Transmit to CITY with recommendations for action. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01041 - PROJECT COORDINATION Page 85 of 173 SECTION 01050 - FIELD ENGINEERING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Contractor to provide Field Engineering service for the Project. 1. Survey work required in execution of Project. 2. The method of field staking for the construction of the Work shall be at the option of the Contractor. The CITY has provided the engineering surveys, if available, necessary to establish reference points which in the CITY's judgment are necessary to enable the Contractor to proceed with its work. 3. The accuracy of any method of staking shall be the responsibility of the Contractor. All engineering for vertical and horizontal control shall be the responsibility of the Contractor. 4. The Contractor shall be held responsible for the preservation of all stakes and marks. If any stakes or marks are carelessly or willfully disturbed by the Contractor, the Contractor shall not proceed with any work until it has established such points, marks, lines and elevations as may be necessary for the prosecution of the Work. 5. The Contractor shall retain the services of a registered land surveyor licensed in the State of Florida to identify existing control points and maintain a survey during construction. B. Related Requirements Described Elsewhere: 1. Summary of Work: Section SC01010. 2. Project Record Documents: Section SC01720. 1.02 QUALIFICATIONS OF SURVEYOR A. Qualified registered land surveyor, acceptable to the CITY. 1.03 SURVEY REFERENCE POINTS A. Locate and protect control points prior to starting site work, and preserve all permanent reference points during construction. 1. Make no changes or relocations without prior written notice to the Consultant. 2. Report to the CONSULTANT when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 3. Require surveyor to replace Project control points which may be lost or destroyed at no additional cost to the CITY. Establish replacement based on original survey control. 1.04 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of two (2) permanent benchmarks each on site. 1. Record locations, with horizontal and vertical data, on Project Record Documents. B. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means. C. From time to time, verify layouts by same methods. 1.05 RECORDS BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01050 — FIELD ENGINEERING Page 86 of 173 A. Maintain a complete, accurate log of all control and survey work as it progresses. B. At the end of the project, submit a certified site survey at 1 -inch equals 30 feet scale on 24 inches by 36 inches sheet. Survey shall include: all topographic features, at least every 100 feet, along the installed fence line, at the inside edge of the 12 -foot sodden area, and the property/R-O-W line. 1.06 SUBMITTALS A. Submit name and address of surveyor to the CONSULTANT. B. On request of the CONSULTANT, submit documentation to verify accuracy of Field Engineering work. C. Submit certificate signed by a registered surveyor certifying that elevations are in conformance with the Contract Documents, or if not in conformance, certify as to variances from the Contract Documents. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01050 — FIELD ENGINEERING Page 87 of 173 IAR SECTION 01065 - PERMITS AND FEES PART 1 — GENERAL A. The Contractor shall obtain all permits and licenses related to its work, including but not limited to, the necessary construction permits. Cost of permit fees shall be paid by Contractor. CITY to be invoiced at actual cost without markup. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 NPDES COMPLIANCE A. In addition to other required field permitting, prior to the commencement of work, the Contractor must obtain the permit coverage for stormwater discharge from large and small construction activities and must implement appropriate pollution prevention techniques and SWPPP to minimize erosion and sedimentation to properly manage the stormwater runoff. The Contractor shall prepare a NPDES Site Plan including sketches and Best Management Practice procedures for review and comment from the Project Manager. The NPDES Site Plan shall include the control of stormwater, ground water and subsurface water during dewatering operations. (DEP adopted Rule 62-621.300 (4), F.A.C., with specific provisions for requesting permit coverage for the management of stormwater discharge from large and small construction activities.) B. The permit coverage for construction activities is to be obtained by submitting DEP form 62- 621.300 (4) (b) Notice of Intent (NOI) to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities and by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP). After construction is complete, Notice of Termination (NOT) to discontinue the permit coverage is to be submitted by utilizing form 62-621.300 (6). C. For additional information contact NPDES Stormwater Section at: Florida Department of Environmental Protection Tallahassee, FL 32399-2400 (850) 921-9904 END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01065 - PERMITS AND FEES Page 88 of 173 IAR SECTION 01110 - ENVIRONMENTAL PROTECTION PROCEDURES PART 1 GENERAL 1.1 SCOPE OF WORK 1.2 APPLICABLE REGULATIONS A. The Contractor shall comply with all A. The work covered by this Section applicable Federal, State and local consists of furnishing all labor, laws and regulations and applicable materials and equipment and permits and their specific conditions performing all work required for the concerning environmental pollution prevention of environmental control and abatement. pollution in conformance with applicable federal, state and local 1.3 NOTIFICATIONS laws and regulations, during and as the result of construction operations A. The CITY and/or CONSULTANT will under this Contract. For the purpose notify the Contractor in writing of any of this Specification, environmental non-compliance with the foregoing pollution is defined as the presence provisions or of any environmentally of chemical, physical, or biological objectionable acts and corrective elements or agents which adversely action to be taken. State or local affect human health or welfare; agencies responsible for verification unfavorably alter ecological of certain aspects of the balances; adversely affect plants or environmental protection animals; or degrade the utility of the requirements shall notify the environment for aesthetic and/or Contractor in writing, through the recreational purposes. CITY or CONSULTANT, of any non-compliance with State or local B. The control of environmental requirements. The Contractor shall, pollution requires consideration of after receipt of such notice from the air, water and land, and involves CITY or Consultant or from the management of noise and solid regulatory agency through the CITY waste, as well as other pollutants. and/or CONSULTANT, immediately take corrective action. Such notice, C. The Contractor shall schedule and when delivered to the Contractor or conduct all work in a manner that will their authorized representative at minimize the erosion of soils in the the site of the work, shall be deemed area of the work. Provide erosion sufficient for the purpose. If the control measures required to Contractor fails or refuses to comply prevent silting, muddying, or promptly, the CITY may issue an pollution of wetlands, streams, order stopping all or part of the work rivers, impoundments, lakes, until satisfactory corrective action stormwater ponds, etc. All erosion has been taken. No part of the time control measures shall be in place in lost due to any such stop orders an area prior to any construction shall be made the subject of a claim activity in that area and shall be for extension of time or for excess maintained throughout construction. costs or damages by the Contractor Specific requirements for erosion unless it is later determined that the and sedimentation controls are Contractor was in compliance. specified in Section 02270. The Contractor will be required to meet all the conditions specified in the permits and in the Specifications. D. All specific conditions attached to existing permits for this site shall be included in the sedimentation and erosion control measures. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 - REVSECTION 01110- ENVIRONMENTAL PROTECTION PROCEDURES Page 89 of 173 IAR BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 - REVSECTION 01110- ENVIRONMENTAL PROTECTION PROCEDURES Page 90 of 173 IAR be backfilled and the ground surface 1.04 IMPLEMENTATION restored to original condition. A. Prior to commencement of the Work, 3.2 PROTECTION OF STREAMS AND the CONTRACTOR shall meet with CANALS the CITY and CONSULTANT to develop mutual understandings A. Care shall be taken by Contractor to relative to compliance with this prevent, or reduce to a minimum, provision and administration of the any damage to any ditch or the environmental pollution control stormwater outfall canal, from program. pollution by debris, sediment or other material, or from the B. The Contractor shall remove manipulation of equipment and/or temporary environmental control materials in or near such ditches. features, when approved by the Water that has been used for CITY or CONSULTANT, and washing or processing, or that incorporate permanent control contains oils or sediments that will features into the project at the reduce the quality of the water in the earliest practicable time. ditch, shall not be directly returned to the ditch. Such waters will be PART 2 - PRODUCTS (NOT USED) diverted through a settling basin or filter approved by the CITY or PART 3 - EXECUTION CONSULTANT and meet required standards before being directed into 3.1 EROSION CONTROL the ditches and other water bodies. A. The Contractor shall provide positive B. The Contractor shall not discharge means of erosion control such as water from dewatering operations shallow run on and run off ditches directly into any live or intermittent around construction to carry off stream, channel, wetlands, surface surface water. Erosion control water or any storm sewer. Water measures, such as siltation basins, from dewatering operations shall be hay check dams, mulching, jute treated by filtration, settling basins, netting and other equivalent or other approved method to reduce techniques, shall be used as the amount of sediment contained in appropriate. Flow of surface water the water to allowable levels. into excavated areas shall be C. All preventative measures shall be prevented. Ditches around taken by Contractor to avoid spillage construction area shall also be used of petroleum products and other to carry away water resulting from pollutants. In the event of any dewatering of excavated areas. If spillage, prompt remedial action dewatering is necessary and shall be taken in accordance with a exceeds SFWMD thresholds, a contingency action plan approved by dewatering plan must be prepared the Florida Department of by a certified Registered Environmental Protection. Professional Engineer in the State of Contractor shall submit two (2) Florida and submitted to the CITY copies of approved contingency and CONSULTANT; then submitted plans to the CITY and and approved by the South Florida CONSULTANT. Water Management District prior to the commencement of work 3.3 PROTECTION OF LAND RESOURCES requiring dewatering. Contractor must comply with permits. However, A. Land resources within the project no water from dewatering activities boundaries and outside the limits of may be discharged offsite. At the permanent work shall be restored to completion of the Work, ditches shall a condition, after completion of BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 - REVSECTION 01110- ENVIRONMENTAL PROTECTION PROCEDURES Page 90 of 173 IAR construction that will appear to be natural and not detract from the appearance of the project. Contractor shall confine all construction activities to areas shown on the Drawings. B. Outside of areas requiring earthwork for the construction of the new facilities, the Contractor shall not deface, injure, or destroy trees or shrubs, nor remove or cut them without prior approval from the CITY and CONSULTANT. No ropes, cables, or guys shall be fastened to or attached to any existing nearby trees for anchorage unless specifically authorized by the CITY and CONSULTANT. Where such special emergency use is permitted, first wrap the trunk with a sufficient thickness of burlap or rags over which softwood cleats shall be tied before any rope, cable, or wire is placed. The Contractor shall in any event be responsible for any damage resulting from such use. C. Where trees may possibly be defaced, bruised, injured, or otherwise damaged by the Contractor's equipment, dumping or other operations, protect such trees by placing barricades around them. Monuments and markers shall be protected similarly before beginning operations near them. D. Any trees or other landscape feature scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition. All trimming or pruning shall be performed in an approved manner by experienced workmen with saws or pruning shears. Tree trimming with axes will not be permitted. Climbing ropes shall be used where necessary for safety. Trees that are to remain, either within or outside established clearing limits, that are subsequently damaged by the Contractor and are beyond saving as determined by the CITY and/or CONSULTANT shall be immediately removed and replaced. E. The locations of the Contractor's storage, and other construction structures required temporarily in the performance of the Work, shall be cleared as shown on the Drawings. Drawings showing storage facilities shall be submitted for approval of the CITY and CONSULTANT. If the Contractor proposes to construct temporary roads or embankments and excavations for work areas, it shall submit the following for approval at least thirty (30) days prior to scheduled start of such temporary work. 1. A layout of all temporary roads, excavations and embankments to be constructed within the work area. 2. Details of temporary road construction. 3. Drawings and cross sections of proposed embankments and their foundations, including a description of proposed materials. G. The Contractor shall remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess of waste materials, or any other vestiges of construction as directed by the CITY and CONSULTANT. The disturbed areas shall be prepared and seeded as described in Section 02924 SEED, MULCH and FERTILIZER, or as approved by the CONSULTANT. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 - REVSECTION 01110- ENVIRONMENTAL PROTECTION PROCEDURES Page 91 of 173 IdR H. All debris and excess material will be disposed of in approved areas as D. Sprinkling, to be approved, must be noted on the Drawings. repeated at such intervals as to keep all parts of the disturbed area at least 3.4 PROTECTION OF AIR QUALITY damp at all times, and the Contractor must have sufficient competent A. Burning. No open fires or burning equipment on the job to accomplish will be permitted. If need dictates this if sprinkling is used. Dust control burning of any kind, Contractor must shall be performed as the work obtain prior approval of CITY and proceeds and whenever a dust obtain appropriate permits from the nuisance or hazard occurs, as state and local government determined by the CITY and/or agencies. CONSULTANT. B. Dust Control. The Contractor will be 3.5 MAINTENANCE OF POLLUTION required to maintain all excavations, CONTROL FACILITIES DURING embankment, stockpiles, access CONSTRUCTION roads, waste areas, borrow areas, and all other work areas within or A. During the life of this Contract, the without the project boundaries free Contractor shall maintain all facilities from dust which could cause the constructed for pollution control as standards for air pollution to be long as the operations creating the exceeded, and which would cause a particular pollutant are being carried hazard or nuisance to others. out or until the material concerned has become stabilized to the extent C. An approved method of stabilization that pollution is no longer being consisting of sprinkling or other created. similar methods will be required to control dust. The use of petroleum END OF SECTION products is prohibited. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 - REVSECTION 01110- ENVIRONMENTAL PROTECTION PROCEDURES Page 92 of 173 IAR SECTION 01200 - PROJECT MEETINGS PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. The Consultant shall schedule and administer pre -construction meeting, monthly progress meetings, and specifically called meetings throughout the progress of the Work. The Consultant shall: a. Prepare agenda for meetings. b. Make physical arrangements for meetings. c. Preside at meetings. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. The Contractor shall attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules. The Consultant shall record the pre - construction meeting and each progress meeting in its entirety, and shall provide the Consultant with a voice recording, having good quality and clarity, and a typed transcript of the minutes of each meeting. A copy of the minutes of each progress meeting shall be available five (5) business days after the meeting. B. Related Requirements Described Elsewhere: 1. Progress Schedules: Section SC01310. 2. Shop Drawings, Working Drawings, and Samples: Section SC01340. 3. Security and Safety Procedures for Infrastructure Projects: Section SCO1540 4. Project Record Documents: Section SC01720. 1.02 PRE -CONSTRUCTION MEETING A. The Consultant shall schedule a preconstruction meeting no later than ten (10) days after date of issuance of Award letter. B. Location: A local site, convenient for all parties, designated by the Consultant. C. Attendance: 1. CITY's representative. 2. Consultant and Consultant's professional consultants. 3. Resident project representative. 4. Contractor and its superintendent. 5. Major subcontractors. 6. Representatives of major suppliers and manufacturers as appropriate. 7. Governmental and Utilities representatives as appropriate. 8. Others as requested by the Contractor, CITY and Consultant. D. The purpose of the pre -construction meeting is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The suggested agenda should include: 1. Distribution and discussion of: a. List of major subcontractors and BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01200 - PROJECT MEETINGS Page 93 of 173 BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01200 - PROJECT MEETINGS Page 94 of 173 suppliers. 12. Safety and first aid procedures. b. Projected schedules. 13. Check of required Bond and c. Schedule of Values Insurance certifications. d. NPDES plan 14. Completion time for Contract and liquidated damages. 2. Critical work sequencing: Relationships and coordination 15. Request for extension of with other contracts and/or Contract Time. work. 16. Weekly job meeting for all 3. Major equipment deliveries and involved. priorities. 17. Security procedures. 4. Project coordination: Designation and responsible 18. Procedures for making partial personnel. payments. 19. Guarantees on completed work. 5. Procedures and processing of: 20. Equipment to be used. a. Field decisions. 21. Staking of work. b. Proposal requests. 22. Project inspection. c. Request for Information. 23. Labor requirements. d. Submittals. 24. Laboratory testing of material e. Change Orders. requirements. f. Applications for Payment. 25. Provisions for material stored on site. 6. Submittal of Shop Drawings, project data and samples. 26. Requirements of other organizations. 7. Adequacy of distribution of Contract Documents. 27. Rights-of-way and easements. 8. Procedures for maintaining 28. Housekeeping procedures. Record Documents. 29. Liquidated damages. 9. Use of premises: 30. Posting of signs. a. Office, work and storage areas. 31. Pay request submittal dates. b. CITY'S requirements. 32. Equal opportunity requirements. c. Access and traffic control. 1.03 PROGRESS MEETINGS 10. Construction facilities, controls and construction aids. A. The Consultant shall schedule and conduct regular periodic meetings. 11. Temporary utilities. The progress meetings will be held BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01200 - PROJECT MEETINGS Page 94 of 173 every thirty (30) days and at other times as required by the progress of the Work. The first meeting shall be held within thirty (30) days after the preconstruction meeting or thirty (30) days or less after the date of Notice to Proceed. B. Hold called meetings as required by progress of the Work. C. Location of the meetings: Site selected by Consultant. D. Attendance: 1. Consultant and its representatives as needed. 2. Contractor. 3. CITY's representatives. 4. Subcontractors (active on the site). 5. Others as appropriate to the agenda (suppliers, manufacturers, other subcontractors, etc.). E. The Consultant shall preside at the meetings and provide for keeping minutes and distribution of the minutes to the CITY, Consultant and others. The purpose of the meetings will be to review the progress of the Work. The agenda will include but not be limited to the following: 1. Review approval of minutes of previous meeting. 2. Review of work progress since previous meeting and work scheduled (3 -week look ahead schedule). 3. Field observations, problems, and conflicts. 4. Problems which impede construction Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Corrective measures and procedures to regain projected schedule. 7. Status of approved construction schedule. 8. Progress schedule during succeeding work period. 9. Coordination of schedules. 10. Review status of submittals, expedite as required. 11. Maintenance of quality standards. 12. Pending changes and substitutions. 13. Shop Drawing problems. 14. Review proposed changes for: a. Effect on construction schedule and on completion date. b. Effect on other contracts of the Project. 15. Construction schedule. 16. Critical/long lead items. 17. Other business. F. The Contractor is to attend monthly progress meetings and is to study previous meeting minutes and current agenda items, and be prepared to discuss pertinent topics and provide specific information including but not limited to: 1. Status of all submittals and what specifically is being done to expedite them. 2. Status of all activities behind schedule and what specifically will be done to regain the schedule. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01200 - PROJECT MEETINGS Page 95 of 173 3. Status of all material deliveries, latest contact with equipment manufacturer and specific actions taken to expedite materials. 4. Status of open deficiencies and what is being done to correct the same. G. The Contractor is to provide a current submittal log at each progress meeting in accordance with Section SCO1340: Shop Drawings, Working Drawings and Samples. 1.04 SPECIAL MEETINGS A. The Contractor may be required to attend certain City Hall meetings to inform the public before commencement or during progress of the project to discuss specific issues. PART 2- PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01200 - PROJECT MEETINGS Page 96 of 173 SECTION 01310 - PROGRESS SCHEDULES PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. Prior to Pre -Construction Meeting, Contractor shall prepare and submit to the CONSULTANT initial construction schedule(s) demonstrating complete fulfillment of all Contract requirements utilizing a Critical Path Method (hereinafter referred to as CPM) in planning, coordinating and performing the Work under this Contract (including all activities of subcontractors, equipment vendors and suppliers). The principles and definition CPM terms used herein shall be as set forth in the Associated General Contractors of America (AGC) publication, The Use of CPM in Construction, A Manual for General Contractors and the Construction Industry, latest edition, but the provisions of this Specification shall govern the planning, coordinating and performance of the Work. Assumed notice to proceed date for this schedule shall be ninety (90) days from bid opening date. 2. After issuance of Notice To Proceed, Contractor shall submit revised progress schedules on a bi-weekly basis. No partial payments shall be approved until there is an approved construction progress schedule on hand. B. Related Requirements Described Elsewhere: 1. Summary of Project: Section SC01010 2. Applications for Payment: Section SCO1027 3. Change Order Procedures: Section SC01153 4. Project Meetings: Section SCO1200 5. Shop Drawings, Working Drawings, and Samples: Section SCO1340 6. Schedule of Values: Section SCO1370 1.02 QUALIFICATIONS A. A statement of computerized CPM capability shall be submitted by Contractor in writing prior to the award of the Contract and shall verify that either Contractor's organization has in-house capability to use the CPM technique or that Contractor will employ a CPM consultant who is so qualified. B. In-house capability shall be verified by description of construction projects to which Contractor or Contractor's consultant has successfully applied computerized CPM and shall include at least two (2) projects valued at least half the expected value of this Project. 1.03 FORM OF SCHEDULES A. Maximum Sheet Size: 24 inches by 36 inches. 1.04 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning of, and completion of, each major element of construction in no more than a two (2) week increment scale. Specifically, list, but not limit to: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01310 - PROGRESS SCHEDULES Page 97 of 173 not be deemed to have been a. Obtaining all approved by the CONSULTANT. permits/construction Failure to include any element of easements (if needed) work required for the performance of b. Shop Drawing this Contract shall not excuse the submitted/review time Contractor from completing all work c. Site clearing/filling required within any applicable d. Site utilities Completion Date, notwithstanding e. Pipeline installation the CONSULTANT's approval of the f. Roadway installation progress schedule. g. Subcontractor work contractors. h. Equipment installations 1.05 PROGRESS REVISIONS i. Finishings D. If the Work falls behind the critical j. Instrumentation A. Indicate progress of each activity to k. Painting date of submission. I. Operator training recovery schedule. m. Testing B. Show changes occurring since n. Start-up previous submission of schedule: o. Receipt of spare parts items (equipment, materials, etc.). 1. Major changes in scope. 3. Show projected percentage of 2. Activities modified since completion for each item, as of previous submission. the first day of each month. generated. agreed upon or fails to show 3. Revised projections of progress 4. Show projected dollar cash flow and completion. requirements for each month of construction and for each 4. Other identifiable changes. activity as indicated by the approved Schedule of Values. C. Provide a narrative report as needed to define: B. Submittals schedule for Shop Drawings and Samples shall be in 1. Problem areas, anticipated accordance with Section SCO1340: delays, and the impact on the Shop Drawings, Product Data and schedule. Samples. Indicate on the Schedule the following: 2. Corrective action recommended, and its effect. 1. The dates for Contractor's submittals. 3. The effect of changes on schedules of other prime 2. The dates submittals will be contractors. required for CITY -furnished products, if applicable. D. If the Work falls behind the critical path schedule by two (2) weeks or 3. The dates approved submittals more, the Contractor must prepare a will be required from the recovery schedule. CONSULTANT. 1.06 SUBMISSIONS C. A typewritten list of all long lead items (equipment, materials, etc.). A. Submittal Requirements. D. To the extent that the progress 1. Logic network and/or time schedule or any revised progress phased bar chart, computer schedule shows anything not jointly generated. agreed upon or fails to show 2. Computerized network anything jointly agree upon, it shall analysis: BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01310 - PROGRESS SCHEDULES Page 98 of 173 a. Sort by early start b. Sort by float c. Sort by predecessor/successor 3. Narrative description of the logic and reasoning of the schedule. B. Within ten (10) working days after the conclusion of the CONSULTANT's review of initial schedule, Contractor shall revise the network diagram as required and resubmit the network diagram and a tabulated schedule produced therefrom. The revised network diagram and tabulated schedule shall be reviewed and accepted or rejected by the CONSULTANT within fifteen (15) working days after receipt. The network diagram and tabulated schedule when accepted by the CONSULTANT shall constitute the Project work schedule unless a revised schedule is required due to substantial changes in the work scope, a change in Contract Time or a recovery schedule is required and requested. C. Acceptance. The finalized schedule will be acceptable to the CONSULTANT, when in the opinion of the CONSULTANT; it demonstrates an orderly progression of the Work to completion in accordance with the Contract requirements. Such acceptance will neither impose on the CONSULTANT responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submittals will be acceptable to the CONSULTANT, when in the opinion of the CONSULTANT, it demonstrates a workable arrangement for processing the submittals in accordance with the requirements. The finalized Schedule of Values (lump sum price breakdown), as applicable, will be acceptable to the CONSULTANT as to form and content, when in the opinion of the CONSULTANT, it demonstrates a substantial basis for equitably distributing the Contract Sum. When the network diagram and tabulated schedule have been accepted, The Contractor shall submit to the CONSULTANT five (5) copies of the time -scaled network diagram, five (5) copies of a computerized tabulated schedule in which the activities have been sequenced by numbers, five (5) copies of a computerized tabulated schedule in which the activities have been sequenced by early starting date, and five (5) copies of a computerized, tabulated schedule in which activities have been sequenced by total float, and five (5) copies sorted by predecessor/successor. D. Revised Work Schedules. Contractor, if requested by the CONSULTANT, shall provide a revised work schedule if, at any time, the CONSULTANT considers the completion Date to be in jeopardy because of "activities behind schedule." The revised work schedule shall include a new diagram and tabulated schedule conforming to the requirements of Paragraph 1.09, herein, designed to show how Contractor intends to accomplish the work to meet the completion date. The form and method employed by Contractor shall be the same as for the original work schedule. No payment will be made if activities fall more than two (2) weeks behind schedule and a revised work schedule is not furnished. E. Schedule Revisions. The CONSULTANT may require Contractor to modify any portions of the work schedule that become infeasible because of "activities behind schedule" or for any other valid reason. An activity that cannot be completed by its original latest BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01310 - PROGRESS SCHEDULES Page 99 of 173 IAR completion date shall be deemed to 2. Definition of each activity. be behind schedule. No change may be made to the sequence, 3. A logical flow of work duration or relationships of any crews/equipment (crews are to activity without approval of the be defined by manpower CONSULTANT. category and man-hours; equipment by type and hours). 1.07 DISTRIBUTION 4. Show all work activities and A. Contractor shall distribute copies of interfaces including submittals the reviewed schedules to: as well as major material and equipment deliveries. 1. CONSULTANT C. Networks. 2. Jobsite file 1. The CPM network, or diagram, 3. Subcontractors shall be in the form of a time - scaled diagram of the 4. Other concerned parties customary activity -on -type and may be divided in to a number 5. CITY (two copies) of separate pages with suitable notation relating the interface B. Instruct recipients to report promptly points among the pages. to the Contractor, in writing, any Individual pages shall not problems anticipated by the exceed 36 inches by 60 inches. projections shown in the schedules. Notation on each activity line shall include a brief work 1.08 CHANGE ORDERS description and a duration, as described in Paragraph 1.09D., A. Upon approval of a Change Order, herein. the approved changes shall be reflected in the next scheduled 2. All construction activities and revision or update submittal by procurement shall be indicted in Contractor. a time -scaled format, and a calendar shall be shown on all 1.09 CPM STANDARDS sheets along the entire sheet length. Each activity arrow shall A. CPM, as required by this Section, be plotted so the beginning and shall be interpreted to be generally completion dates of such as outlined in the Associated activity can be determined General Contractors (AGC) graphically by comparison with publication, The Use of CPM in the calendar scale. All activities Construction, A Manual for General shall be shown using the Contractors and the Construction symbols that clearly distinguish Industry, Copyright 1976. between critical path activities, non-critical path activities and B. Work schedules shall include a float for each non-critical graphic network and computerized, activity. All non-critical path tabulated schedules as described activities shall show estimated below. To be acceptable the performances time and float schedule must demonstrate the time in scaled form. following: D. The duration indicated for each 1. A logical succession of work activity shall be in calendar days and from start to finish. shall represent the single best time considering the scope of the Work BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01310 - PROGRESS SCHEDULES Page 100 of 173 IdR and resources planned for the activity including time for inclement weather. Except for certain non - labor activities, such as curing concrete or delivering materials, activity durations shall not exceed fourteen (14) days nor be less than one (1) day unless otherwise accepted by the CONSULTANT. E. Tabulated Schedules. The initial schedule shall include the following minimum data for each activity. 1. Activity Beginning and Ending Numbers, single activity numbers may be used. 2. Duration. 3. Activity Description. 4. Early Start Date (Calendar Dated). 5. Early Finish Date (Calendar Dated). 6. Identified Critical Path. 7. Total Float (Note: No activity may show more than 20 days float). 8. Cost of Activity. 9. Equipment Hours by type, man power/hours by crew or trade. F. Project Information. Each tabulation shall be prefaced with the following summary data. 1. Project Name. 2. Contractor. 3. Type of Tabulation (Initial or Updated). 4. Project Duration. 5. Project Scheduled Completion Date. 6. Effective or Starting Date of the Schedule. 7. New Projects Completion Date and Project Status, if an updated or revised schedule. 8. Actual Start Date and Finish Date for all update schedules. 1.10 SCHEDULE MONITORING A. At not less than monthly intervals or when specifically requested by CONSULTANT, Contractor shall submit to the CONSULTANT a computer printout of an updated schedule for those activities that remain to be completed. B. The updated schedule shall be submitted in the form, sequence, and number of copies requested for the initial schedule. 1.11 PROGRESS MEETINGS For the monthly progress meeting, Contractor shall submit a revised CPM schedule and a 3 -week look -ahead schedule, showing all activities in progress, uncompleted or scheduled to be worked during the weeks. The 3 weeks include the current week plus the next 2 weeks. All activities shall be from the approved CPM and must be as shown on the CPM unless behind or ahead of schedule. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01310 - PROGRESS SCHEDULES Page 101 of 173 SECTION 01340 - SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES PART 1 - GENERAL Number assigned. 1.01 DESCRIPTION b. Date to CONSULTANT. A. Scope of Work 1. The Contractor shall submit to the CONSULTANT for review and approval, such Shop Drawings, Test Reports and Product Data on materials and equipment (hereinafter in this Section called Data), and material samples (hereinafter in this Section called Samples) as are required for the proper control of work, including but not limited to those Shop Drawings, Data and Samples for materials and equipment specified elsewhere in the Specifications and in the Contract Drawings. 2. With the Contractor's executed agreement and Bond Submittal, the Contractor shall submit to the CONSULTANT a complete list of preliminary Data on items for which Shop Drawings are to be submitted. Included in this list shall be the names of all proposed manufacturers furnishing specified items. Review of this list by the CONSULTANT shall in no way expressed or implied relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Specifications. This procedure is required in order to expedite final review of Shop Drawings. The Contractor shall include Shop Drawing review time on the Project schedule (see section SC01310). 3. The Contractor is to maintain an accurate updated submittal log and will bring this log to each scheduled progress meeting with the City and the CONSULTANT. This log should include the following items: a. Submittal -Description and C. Date returned to Contractor. d. Status of Submittal (Approved as Noted, Rejected/Re-submit). e. Date of Resubmittal and Return (as applicable). f. Date material release for fabrication. g. Projected date of fabrication. h. Projected date of delivery to site. i. Status of O&M manuals submittal. j. Specification Section. k. Drawings Sheet Number. B. Related Requirements Described Elsewhere: 1. General Conditions: 2. Progress Schedules: Section SC01310. 3. Material and Equipment: Section SC01600. 4. Project Record Documents: Section SC01720. 5. Operating and Maintenance Data: Section SC01730. 1.02 CONTRACTOR'S RESPONSIBILITY A. The Contractor shall furnish the CONSULTANT a schedule of Shop Drawings submittals fixing the respective dates for the submission of Shop Drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment. This schedule shall indicate those that are critical to the BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REVSECTION 01340 - SHOP DRAWINGS, WORKING DRAWI AND SAMPLES Page 102 of 173 1 progress schedule. appropriate review comments. B. The Contractor shall not begin any of the F. The Contractor shall be responsible for work covered by a Shop Drawing, Data, and bear all costs of damages which may or a Sample returned for correction until result from the ordering of any material or a revision or correction thereof has been from proceeding with any part of work reviewed and returned to him, by the prior to the completion of the review by CONSULTANT, with approval. the CONSULTANT of the necessary specifications or codes. Shop Drawings. C. The Contractor shall submit to the and are compatible with the design CONSULTANT all drawings and G. The Contractor shall not use Shop schedules sufficiently in advance of Drawings as means of proposing construction requirements to provide no alternate items to demonstrate less than twenty-one (21) calendar days compliance to Contract requirements. for checking and appropriate action from equipment, device, or item shown. the time the Consultant receives them. H. Each submittal will bear a stamp prominently on the drawings. indicating that Contractor has satisfied D. All submittals shall be accompanied with Contractor's obligations under the a transmittal letter prepared in duplicate Contract Documents with respect to containing the following information: Contractors review and approval of that submittal. 1. Date. I. Drawings and schedules shall be 2. Project Title and Number. checked and coordinated with the work of all trades and sub -contractors involved, 3. Contractor's name and address. before they are submitted for review by the CONSULTANT and shall bear the 4. The number of each Shop Drawings, Contractor's stamp of approval as Project Data, and Sample evidence of such checking and submitted. coordination. Drawings or schedules submitted without this stamp of approval 5. Notification of Deviations from shall be returned to the Contractor for Contract Documents. resubmission. a. The Contractor shall indicate in 1.03 CONSULTANT'S REVIEW OF SHOP bold type at the top of the cover DRAWINGS sheet of submittal of Shop A. The CONSULTANT's review of Shop Drawing if there is a deviation Drawings, Data and Samples as from Contract Drawings, Project submitted by the Contractor, will be to Specifications and referenced determine if the items(s) conform to the specifications or codes. information in the Contract Documents and are compatible with the design b. The Contractor shall also list concept. The CONSULTANT's review any deviations from Contract and exceptions, if any, will not constitute Drawings, Project an approval of dimensions, connections, Specifications and referenced quantities, and details of the material, specifications or codes and equipment, device, or item shown. identify in "green" ink B. The review of drawings and schedules prominently on the drawings. will be general, and shall not be 6. Submittal Log Number conforming construed: to Specification Log Number. 1. As permitting any departure from the Contract re uirements E. The Contractor shall submit SIX (6) q COPIES OF SHOP DRAWINGS TO THE CONSULTANT. The CONSULTANT will 2• relieving the Contractor of re review the submittal and return to the responsibility for any errors, including details, dimensions, and Contractor three (3) copies with BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REVSECTION 01340 - SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES Page 103 of 173 1472 materials. changes therein except upon written instructions from the CONSULTANT. 3. As approving departures from details furnished by the Consultant, J. No partial submittals will be reviewed. except as otherwise provided Submittals not deemed complete will be herein. stamped "Rejected" and returned to the Contractor for resubmittal. Unless C. If the drawings or schedules as submitted otherwise specifically permitted by the describe variations and show a departure CONSULTANT, make all submittals in from the Contract requirements which the groups containing all associated items CONSULTANT finds to be in the interest for: of the City and to be so minor as not to involve a change in Contract Price or 1. Systems. time for performance, the CONSULTANT may return the reviewed drawings 2. Processes. without noting an exception. 3. As indicated in specific D. "Approved As Noted" - Contractor shall Specifications Sections. incorporate CONSULTANT's comments K. All drawings, schematics, manufacturer's into the submittal before release to product Data, certifications and other manufacturer. The Contractor shall send Shop Drawing submittals required by a a letter to the CONSULTANT system specification shall be submitted acknowledging the comments and their at one time as a package to facilitate incorporation into the Shop Drawing. interface checking. L. Only the CONSULTANT shall utilize the E. "Amend and Resubmit" - Contractor shall color "red" in marking Shop Drawing resubmit the Shop Drawing to the submittals. CONSULTANT. The resubmittal shall incorporate the CONSULTANT's M. For any submittal returned to the comments highlighted on the Shop Contractor marked "Amend and Submit" Drawing. or "Rejected," Contractor shall pay CITY a resubmittal fee of $250.00. Monies F. "Rejected" - Contractor shall resubmit shall be deducted from monies owed Shop Drawing for review by Consultant. Contractor by CITY monthly and incorporated into a Change Order at G. Resubmittals will be handled in the same completion of the contract. manner as first submittals. On resubmittals the Contractor shall direct 1.04 SHOP DRAWINGS specific attention, in writing or on resubmitted Shop Drawings, to revisions A. Shop Drawings shall be complete and other than the corrections requested by detailed and shall consist of fabrication, the CONSULTANT on previous erection and setting drawings and submissions. The Contractor shall make schedule drawings, manufacturer's scale any corrections required by the drawings, and wiring and control CONSULTANT. diagrams. Cuts, catalogs, pamphlets, descriptive literature, and performance H. If the Contractor considers any correction and test data, shall be considered only as indicated on the drawings to constitute a supportive information. As used herein, change to the Contract Drawings or the term "manufactured" applies to Specifications, the Contractor shall give standard units usually mass-produced; written notice thereof to the and "fabricated" means items specifically CONSULTANT. assembled or made out of selected materials to meet individual design I. When the Shop Drawings have been requirements. completed to the satisfaction of the CONSULTANT, the Contractor shall B. Manufacturer's catalog sheets, carry out the construction in accordance brochures, diagrams, illustrations and therewith and shall make no further other standard descriptive data shall be BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 - REVSECTION 01340- SHOP DRAWINGS, WORKING I DRAWINGS, AND SAMPLES Page 104 of 173 IA7 clearly marked to identify pertinent materials, product or models. Delete information which is not applicable to the Work by striking or cross -hatching. C. Each Shop Drawing shall have a blank area 3-1/2 inches by 3-1/2 inches, located adjacent to the title block. The title block shall display the following: 1. Project Title and Number. 2. Name of Project building or structure. 3. Number and title of the Shop Drawing. 4. Date of Shop Drawing or revision. 5. Name of Contractor and subcontractor submitting drawing. 6. Supplier/manufacturer. 7. Separate detailer when pertinent. 8. Specification title and number. 9. Specification section. 10. Application Contract Drawing Number. D. Data on materials and equipment include, without limitation, materials and equipment lists, catalog data sheets, cuts, performance curves, diagrams, materials of construction and similar descriptive material. Materials and equipment lists shall give, for each item thereon, the name and location of the supplier or manufacturer, trade name, catalog reference, size, finish and all other pertinent Data. 1.05 WORKING DRAWINGS integral part of the Project. B. Working Drawings shall be signed by a registered Professional Consultant, currently licensed to practice in the State of Florida. 1.06 SAMPLES A. The Contractor shall furnish, for the approval of the Consultant, samples required by the Contract Documents or requested by the CONSULTANT. Samples shall be delivered to the CONSULTANT as specified or directed. The Contractor shall prepay all shipping charges on samples. Materials or equipment for which samples are required shall not be used in work until approved by the CONSULTANT. B. Samples shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of the product, with integrally related parts and attachment devices. 2. Full range of color, texture and pattern. 3. A minimum of two (2) samples of each item shall be submitted. C. Field samples and mock-ups: 1. Contractor shall erect, at the Project site, at a location acceptable to the Consultant. 2. Size of area: 15 feet long x 6 feet high or that specified in the respective specification section. 3. Fabricate each sample and mock-up complete and finished. 4. Remove mock-ups at conclusion of Work or when acceptable to the Consultant. A. When used in the Contract Documents, D. Each sample shall have a label the term "Working Drawings" shall be indicating: considered to mean the Contractor's plan for temporary structures such as 1. Name of Project. temporary bulkheads, support of open cut excavation, support of utilities, 2. Name of Contractor and ground water control systems, forming Subcontractor. and false work; for underpinning; and for such other work as may be required for 3. Material or Equipment Represented. construction but does not become an BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REVSECTION 01340 - SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES Page 105 of 173 1474 4. Place of Origin 5. Name of Producer and Brand (if any). 6. Location in Project. Samples of finished materials shall have additional marking that will identify them under the finished schedules. E. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples containing the information required in Paragraph 1.06B above. It shall enclose a copy of this letter with the shipment and send a copy of this letter to the CONSULTANT. Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any Contract requirements. F. Approved samples not destroyed in testing shall be sent to the CONSULTANT or stored at the site of the Work. Approved Samples of the hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in work shall match the approved Samples. Samples which failed testing or were not approved will be returned to the Contractor at its expense, if so requested at time of submission. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 - REVSECTION 01340- SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES Page 106 of 173 ■1 SECTION 01370 - SCHEDULE OF VALUES PART 1 - GENERAL B. Schedule shall list the installed value of the component parts of the Work 1.01 DESCRIPTION in sufficient detail to serve as a basis A. Scope of Work: for computing item prices for progress payments during 1. Contractor shall submit to the construction. Consultant a Schedule of Values allocated to the various C. Identify each line item with the lump sum portions of the Work, number and the title of the within fifteen (15) days of the respective section of the Notice to Proceed date. Specifications. 2. Upon request of the Consultant, D. For each line item, list sub -values of Contractor shall support the major products or operations under values with data which will the item. substantiate their correctness. E. For the various portions of the Work: The data shall include, but not be limited to quantity of 1. Each item shall include a materials, all sub -elements of directly proportional amount of the activity and their units of the Contractor's overhead and measure. profit. 3 Schedule of Values shall 2. For items on which progress establish the actual value for payments will be requested for each activity of the Work to be stored materials, break down completed taken from the the value into: approved Critical Path Method (CPM), and shall be used as the a. The cost of the materials, basis for the Contractor's delivered unloaded, with Applications for Payment. taxes paid. Paid invoices required for materials. B. Related Requirements Described Payment for materials shall Elsewhere: be limited to the invoiced amount only. 1. Conditions of the Construction Contract. b. The total installed value. 1.02 FORM AND CONTENT OF SCHEDULE F. The sum of all lump sum values OF VALUES listed in the schedule shall equal the total Contract Sum. A. Type schedule on an 8-1/2 inch by 11 inch or 8-1/2 inch by 14 -inch white 1.03 UNIT QUANTITIES: paper. Contractor's standard forms and computer printout will be A. Quantities indicated in the Schedule considered for approval by the of Bid Items are for bidding and Consultant upon Contractor's contract purposes only. Quantities request. Identify schedule with: and measurements supplied or placed in the Work and verified by 1. Title of Project and location. the Consultant and CITY determines payment. 2. Consultant and Project number. B. If the actual Work requires more or 3. Name and address of fewer quantities than those Contractor. quantities indicated in the bid items, Contractor shall provide the required 4. Contract designation. quantities at the unit sum/prices contracted. 5. Date of submission. TON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01370 — SCHEDULE OF VALUES of 173 IA7R S11y/ x r cTv x'�..kaxiue.4e�R 1.04 REVIEW AND RESUBMITTAL A. After review by Consultant, Contractor shall revise and resubmit Schedule of Values and Schedule of Unit Material values pursuant to this Section. B. Contractor shall resubmit revised Schedules in same manner pursuant to this Section. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01370 — SCHEDULE OF VALUES Page 108 of 173 4 A 7 SECTION 01505 — MOBILIZATION PARTI- GENERAL 1.01 DEFINITION AND SCOPE A. Mobilization shall include the Contractor obtaining of all permits, insurance, and bonds; moving onto the site of all plant and equipment, temporary buildings and other construction facilities; all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following principal items: 1. Move onto the site all Contractor's plan and equipment required for first month operations. 2. Install temporary construction power, wiring, and lighting facilities. 3. Establish fire protection plan and safety program. 4. Secure construction water supply. 5. Provide on-site sanitary facilities and potable water facilities as specified. 6. Arrange for and erect Contractor's work and storage yard and employees' parking facilities. 7. Submit all required insurance certificates and bonds. 8. Obtain all required permits. 9. Post all OSHA, EPA, Department of Labor, and all other required notices. 10. Have Contractor's superintendent at the job site full time. 11. Submit a detailed construction CPM schedule acceptable to the Consultant as specified. 12. Submit a Schedule of Values of the Work. 13. Submit a schedule of submittals. 1.02 DEMOBILIZATION A. Demobilization is the timely and proper removal of all contractor - owned material, equipment or plant, from the job site and the proper restoration or completion of work necessary to bring the site into full compliance with the Contract Documents. 1.03 PAYMENT FOR MOBILIZATION/DEMOBILIZATION A. Contractor shall be limited to a maximum of 3.0 percent of the total price bid for mobilization. The cost of mobilization/demobilization shall be shown in the Schedule of Values. B. Demobilization shall be shown in the schedule of values as a minimum 25 percent of the value for mobilization. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01505 — MOBILIZATION Page 109 of 173 SECTION 01540 - SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS PART 1 GENERAL 1.01 As a minimum, the Contractor shall provide and assure that all of its personnel have and wear common colored Company shirts, safety vests, hard hats and substantial leather work shoes / boots. Other Personal Protective Equipment (PPE) as required by governing local, state and Federal laws and regulations. 1.02 SECTION INCLUDES A. Responsibility for Work Security B. Protection of Work in Progress, Materials and Equipment C. Protection of Existing Property D. Security Program E. Entry Control F. Personnel Identification G. Security Service H. Miscellaneous Restrictions 1.03 RELATED SECTIONS A. Section 01010— Summary of Project B. Section 01500 -Temporary Facilities and Controls 1.04 RESPONSIBILITY OF WORK SECURITY A. Contractor shall, at its expense, at all times conduct all operations under the Contract in a manner to avoid the risk of loss, theft or damage by vandalism, sabotage or other means to any property. Contractor shall promptly take all reasonable precautions that are necessary and adequate against any conditions that involve a risk of loss, theft or damage to its property, at a minimum. B. Contractor shall continuously inspect all its work, materials, equipment and facilities to discover and determine any such conditions and shall be solely responsible for discovery, determination and correction of any such condition. C. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to CITY within three (3) days of each incident. 1.05 PROTECTION OF WORK IN PROGRESS, MATERIALS AND EQUIPMENT A. Contractor shall be responsible for and shall bear any and all risk of loss or damage to work in progress, all materials delivered to the site, and all materials and equipment involved in the Work until completion and final acceptance of Work under this Contract. Excluded from Contractor's responsibility is any loss or damage that results from the sole active negligence of the CITY or its representatives. 1.06 PROTECTION OF EXISTING PROPERTY A. Contractor shall so conduct its operations as not to damage, close, or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. If facilities are closed, obstructed, damaged or rendered unsafe by Contractor's operations, Contractor shall, at its expense, make such repairs and provide temporary guards, lights and other signals as necessary or required for safety and as will be acceptable to the CITY. B. Contractor shall conduct its operation so as not to damage any existing buildings or structures. The Contractor shall verify that means and methods of construction used inside, adjacent to, under or over existing buildings will not cause damage. The Contractor shall provide protection methods that are acceptable to the CITY. C. Unless otherwise specifically provided in the Contract, Contractor shall not do any work that would disrupt or otherwise interfere with the operation of any pipeline, telephone, electric, radio, gas, transmission line, ditch or other structure, nor enter upon lands in their natural state BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01540 - SECURITY & SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS Page 110 of 173 IA7 until approved by the CITY. D. Thereafter, and before it begins such work, Contractor shall give due notice to CITY of its intention to start such work. Contractor shall not be entitled to any extension of time or any extra compensation on account of any postponement, interference or delay caused by any such line, ditch or structure on or adjacent to the site of work. E. Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the premises, which, as determined by CITY, do not reasonably interfere with the performance of this Contract. F. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including, without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor. 1.07 SECURITY PROGRAM A. At the Pre -Construction Meeting, the CITY will make a final determination on which, if any, of the following requirements are to be implemented. 1. Protect Work existing premises and CITY's operations from theft, vandalism, and unauthorized entry. 2. Initiate program at project mobilization. 3. Maintain program throughout construction period until CITY acceptance precludes the need for Contractor security. 1.08 RESTRICTIONS A. Do not allow cameras on site or photographs taken except by written approval of the CITY. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV SECTION 01540 - SECURITY & SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS Page 111 of 173 9 AR n SECTION 01570 — MAINTENANCE OF TRAFFIC PART 1 GENERAL Contractor's employee's personal vehicles shall NOT be parked "in and 1.01 Contractor shall provide all labor, around" the project site. material and services to perform all Contractor's employee's personal operations required for the maintenance vehicles shall be parked at the and protection of vehicular and storage yard. pedestrian traffic in conformance to all applicable FDOT laws and regulations 1.06 TRAFFIC CONTROLLERS and subject to acceptance and permits A. Provide trained and equipped traffic by Owner, Palm Beach County and controllers to regulate traffic when FDOT as applicable. construction operations encroach on public traffic lanes. 1.02 REFERENCES 1.07 LIGHTS A. State of Florida Department of Transportation Standard A. Use approved barricades with lights Specifications for Road and Bridge during hours of low visibility to Construction, Section 102, 2000 delineate traffic lanes and to guide Edition (or latest edition) traffic. B. State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations C. The Manual of Uniform Traffic Control Devices, latest edition D. CBB ROW Permit 1.03 SUBMITTAL A. Submit Traffic Control Plans, ROW Permit Applications and Construction Schedule to the Owner, Palm Beach County (if applicable), and the FDOT (if applicable) for review and acceptance 30 days prior to the start of construction. 1.04 SIGNS AND DEVICES A. Traffic Control and Informational Signs B. Traffic Cones and Drums, and Lights C. Traffic Controllers Equipment 1.05 CONSTRUCTION PARKING CONTROL A. Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles and Owner's operations. 1.08 TRAFFIC SIGNS AND DEVICES A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed, to direct construction and affected public traffic. The Contractor shall submit traffic control through work zone plans based on FDOT Roadway and Traffic Design Standards, 2001 Edition (or latest edition). B. Relocate as Work progresses, to maintain effective traffic control. 1.09 REMOVAL A. Remove equipment and devices when no longer required. B. Repair damage caused by installation. 1.10 SPECIFIC TRAFFIC CONTROL A. Contractor shall maintain through traffic on all public roads at all times unless stated otherwise herein. B. Contractor shall maintain access to all vehicular driveways (public or private) at all times. Contractor shall backfill and install temporary rock base as necessary in order to BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV SECTION 01570— MAINTENANCE OF TRAFFIC Page 112 of 173 9 AR 1 , x r cTv x'�..kaxiue.4e�R provide safe and functional access to all driveways. C. Contractor shall coordinate with the Police and Fire Departments for whom the Contractor will provide satisfactory access at all times. D. Contractor shall maintain, at the minimum, one travel lane, in each direction, when performing work within the Palm Beach County Right - of -Way. 1.11 EXECUTION 1.12 A. The Contractor shall arrange its work to cause minimum disturbance to normal pedestrian and vehicular traffic; and shall be held responsible for providing and maintaining suitable means of access (including emergencies) to all public and private properties during all stages of the construction. B. If it becomes necessary to block off an entire street to vehicular traffic during construction (other than for an emergency situation), the Contractor must secure the written authorization of the CITY and Palm Beach County or FDOT as acknowledged as a condition of the Right -of -Way (ROW) permit(s) prior to completely blocking off the roadway. UNIT PRICE — MEASUREMENT AND PAYMENT A. Refer to Section 01025 - MEASUREMENT AND PAYMENT PROCEDURES. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV SECTION 01570— MAINTENANCE OF TRAFFIC Page 113 of 173 9 AR i7 SECTION 01600 - MATERIAL AND EQUIPMENT PART 1 - GENERAL installation and until completion 1.01 DESCRIPTION B. Contractor shall handle, install, connect, clean, condition and adjust A. Scope of Work: Material and products in strict accord with such equipment incorporated into the instructions and in conformity with Work: specified requirements. 1. Manufactured and fabricated 1. Should job conditions or products: specified requirements conflict with manufacturer's a. Design, fabricate and instructions, consult with assemble in accord with Consultant for further the best engineering and instructions. shop practices. 2. Do not proceed with Work b. Manufacture like parts of without clear instructions. duplicate units to standard sizes and gauges, to be C. Contractor shall perform work in interchangeable. accordance with manufacturer's instructions. Do not omit any c. Two (2) or more items of preparatory step or installation the same kind shall be procedure unless specifically identical, by the same modified or exempted by Contract manufacturer. Documents. d. Products shall be suitable 1.03 TRANSPORTATION AND HANDLING for service conditions. A. Contractor shall arrange deliveries e. Equipment capacities, of products in accordance with sizes and dimensions progress schedules, coordinate to shown or specified shall be avoid conflict with work and adhered to unless conditions at the site. variations are specifically approved in writing. 1. Deliver products in undamaged condition, in manufacturer's 2. Do not use material or original containers or equipment for any purpose packaging, with identifying other than that for which it is labels intact and legible. designed or specified. 2. Immediately on delivery, 1.02 MANUFACTURER'S INSTRUCTIONS inspect shipments to assure FOR INSTALLATION compliance with requirements of Contract Documents and A. When Contract Documents require approved submittals, and that that installation of Work shall comply products are properly protected with manufacturer's printed and undamaged. instructions. Contractor shall obtain and distribute copies of such B. Contractor shall provide equipment instructions to parties involved in the and personnel to handle products by installation, including five (5) copies methods to prevent soiling or to the Consultant. damage to products or packaging. 1. Maintain one (1) set of complete 1.04STORAGE AND PROTECTION instructions at the job site during BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 -REV SECTION 01600 -MATERIAL AND EQUIPMENT Page 114 of 173 9 AR C1 A. The Contractor shall furnish a warping, twisting, bending, breaking, covered, weather -protected storage chipping, rusting, and any injury, structure providing a clean, dry, non- theft or damage of any kind corrosive environment for all whatsoever to the material or mechanical equipment, valves, equipment. architectural items, electrical and instrumentation equipment, and D. Contractor shall store under a roof or special equipment to be off the ground cement, sand and incorporated into this Project. lime, and shall be kept completely Storage or equipment shall be in dry at all times. All structural and strict accordance with the miscellaneous steel, and reinforcing "instructions for storage" of each steel shall be stored off the ground equipment supplier and or otherwise to prevent manufacturer including connection accumulations of dirt or grease, and of heaters, placing of storage in a position to prevent lubricants in equipment, etc. accumulations of standing water and Corroded, damaged or deteriorated to minimize rusting. Beams shall be equipment and parts shall be stored with the webs vertical. replaced before acceptance of the Precast concrete beams shall be Project. Equipment and materials handled and stored in a manner to not properly stored will not be prevent accumulations of dirt, included in a payment estimate. standing water, staining, chipping or cracking. Brick, block and similar B. Contractor shall store products in masonry products shall be handled accord with manufacturer's and stored in a manner to reduce instructions, with seals and labels breakage, chipping, cracking and intact and legible. spalling to a minimum. 1. Store products subject to E. All materials, which, in the opinion of damage by the elements in the Consultant, have become so weather -tight enclosures. damaged as to be unfit for the use intended or specified, shall be 2. Maintain temperature and promptly removed by the Contractor humidity within the ranges from the site of the Work, and the required by manufacturer's Contractor shall receive no instructions. compensation for the damaged material or its removal. Store fabricated products above the ground, on blocking or F. Contractor shall arrange storage in a skids, prevent soiling or manner to provide easy access for staining. Cover products which inspection. Make periodic are subject to deterioration with inspections of stored products to impervious sheet coverings, assure that products are maintained provide adequate ventilation to under specified conditions, and free avoid condensation. from damage or deterioration. 4. Store loose granular materials G. Protection After Installation: in a well -drained area on solid Contractor shall provide substantial surfaces to prevent mixing with coverings as necessary to protect foreign matter. installed products from damage from traffic and subsequent construction C. All materials and equipment to be operations. Remove covering when incorporated in the Work shall be no longer needed. handled and stored by the H. The Contractor shall be responsible Contractor before, during and after for all material, equipment and shipment in a manner to prevent supplies sold and delivered to the BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 -REV SECTION 01600 -MATERIAL AND EQUIPMENT Page 115 of 173 9 AR CITY under this Contract until final him. These instructions shall be inspection of the Work and carefully followed and a written acceptance thereof by the CITY. In record of this kept by the the event any such material, Contractor. equipment and supplies are lost, stolen, damaged or destroyed prior 4. Moving parts shall be rotated a to final inspection and acceptance, minimum of once weekly to the Contractor shall replace same insure proper lubrication and to without additional cost to the CITY. avoid metal -to -metal "welding". Upon installation of the I. Should the Contractor fail to take equipment, the Contractor shall proper action on storage and start the equipment, at least half handling of equipment supplied the load, once weekly for an under this Contract within seven (7) adequate period of time to days after written notice to do so has ensure that the equipment does been given, the CITY retains the not deteriorate from lack of use. right to correct all deficiencies noted in previously transmitted written 5. Lubricants shall be changed notice and deduct the cost upon completion of installation associated with these corrections and as frequently as required from the Contractor's Contract. thereafter during the period These costs may be comprised of between installation and expenditures for labor, equipment acceptance. Mechanical usage, administrative, clerical, equipment to be used in the engineering and any other costs Work, if stored for longer than associated with making the ninety (90) days, shall have the necessary corrections. bearings cleaned, flushed and lubricated prior to testing and 1.05 STORAGE AND HANDLING OF startup, at no extra cost to the EQUIPMENT ON SITE CITY. A. Because of the long period allowed 6. Prior to acceptance of the for construction, special attention equipment, the Contractor shall shall be given to the storage and have the manufacturer inspect handling of equipment on site. As a the equipment and certify that minimum, the procedure outlined its condition has not been below shall be followed by detrimentally affected by the Contractor: long storage period. Such certifications by the 1. All equipment having moving manufacturer shall be deemed parts such as gears, electric to mean that the equipment is motors, etc. and/or instruments judged by the manufacturer to shall be stored in a temperature be in a condition equal to that of and humidity -controlled building equipment that has been approved by the Consultant, shipped, installed, tested and until such time as the equipment accepted in a minimum time is to be installed. period. As such, the manufacturer will guarantee the 2. All equipment shall be stored equipment equally in both fully lubricated with oil, grease, instances. If such a certification etc. unless otherwise instructed is not given, the equipment shall by the manufacturer. be judged to be defective. It 3. Manufacturer's storage shall be removed and replaced instructions shall be carefully at the Contractor's expense. studied by the Contractor and reviewed with the Consultant by BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 -REV SECTION 01600 -MATERIAL AND EQUIPMENT Page 116 of 173 9 AR 1.06 SPARE PARTS A. Spare parts for certain equipment provided under Divisions 11: Equipment; 13: Special Construction; 15: Mechanical; and 16: Electrical have been specified in the pertinent sections of the Technical Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the Consultant. In addition, the Contractor shall furnish to the Consultant an inventory listing all spare parts, the equipment they are associated with, the name and address of the supplier, and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the delivered cost. 1.07 GREASE, OIL AND FUEL A. All grease, oil and fuel required for testing of equipment shall be furnished with the respective equipment. The CITY shall be furnished with a year's supply of required lubricants including grease and oil of the type recommended by the manufacturer with each item of equipment supplied. B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of each mechanical equipment after initial break-in of the equipment, which in no event shall be any longer than three (3) weeks of operation. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 -REV SECTION 01600 -MATERIAL AND EQUIPMENT Page 117 of 173 9 AR SECTION 02322 DEWATERING AND DRAINAGE The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification (02322) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 120 - Excavating and Embankment • Section 125 - Excavation for Structures and Pipe • Section 160 - Stabilizing • Section 514 - Plastic Filter Fabric (Geotextile) In the event that this technical specification (02322) is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards, it is the responsibility of the Contractor to request clarification or resolution, in writing, from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 STATUTORY REQUIREMENTS A. Contractor is responsible to obtain and pay for all permits required for temporary dewatering and drainage systems as required by the appropriate authorities having jurisdiction over the work. B. Original permits shall be prominently displayed on the site prior to constructing dewatering and drainage systems. 1.2 SCOPE OF WORK A. Furnish, install, operate, monitor, maintain and remove temporary dewatering and drainage systems as required and lower and maintain groundwater levels a minimum of 2 feet below sub -grades of excavations. Continuously maintain excavations free of water, regardless of source, and until backfilled to final grade. Prevent surface water runoff from entering or accumulating in excavations. B. Furnish the services of a licensed professional engineer registered in the State of Florida, to prepare dewatering and drainage system designs and submittals. C. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or "on-site" retention ponds that secondarily discharge to these surface water systems. D. Repair damage caused by dewatering and drainage system operations. E. Remove temporary dewatering and drainage systems when no longer needed. Restore all disturbed areas. Furnish, install, monitor, maintain and remove groundwater observation wells (piezometers) as specified herein.] BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV DEWATERING AND DRAINAGE Page 118 of 173 9 AR 1.3 RELATED SECTIONS A. The pre -design Geotechnical report is being provided for "reference only" and to provide the Contractor with the bore hole locations and general findings of subsurface materials. Refer to Section 02320 TRENCHING AND EXCAVATION for additional clarification. B. Section SC01010 — Summary of Project C. Section SC01110 — Environmental Protection Procedures D. Section SCO1025 - Measurement and Payment E. Section SCO1400 - Quality Requirements F. Section 02300 — Earthwork G. Section 02320 — Trenching and Excavation H. Section 02324 - Backfill 1.4 UNIT PRICE — MEASUREMENT AND PAYMENT A. There is no unit pricing for this work and all on-site dewatering and drainage shall be considered to be incidental to the cost of the associated pay item(s). B. If identified in the Schedule of Bid Items, the cost of securing a General Water Use Permit from the South Florida Water Management District shall be reimbursed as an Allowance in accordance with Section SCO1025 MEASUREMENT AND PAYMENT. 1.5 SUBMITTALS A. Submit, in accordance with Section SCO1340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES the temporary dewatering and drainage system plan and design. At the discretion of the Owner, dewatering and drainage system designs shall be prepared by a licensed professional engineer, registered in the State of Florida, having a minimum of 5 years of professional experience in the design and construction of dewatering and drainage systems. The submittal will be for authorization to make formal permit application to the South Florida Water Management District for the General Water Use Permit. The Contractor shall be responsible for adequacy and safety of construction means, methods and techniques. 1.6 DEFINITIONS A. Wellpoint: A dewatering system utilizing wellpoints to extract surrounding groundwater in the area of trenching/excavating in order to maintain the operation in a dry condition for preparation of the trench bottom, for pipe laying, placement of bedding material and/or backfill, compaction and density testing. B. A dry excavation / trench: Shall be defined as the in-situ soil moisture content is no more than two percentage points above the optimum moisture content for that general soil. 2 PART 2 PRODUCTS 2.1 Pump Drivers A. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a "quiet - pack" muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest "receiving" property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City's Code Compliance Division of the Boynton Beach Police Department shall have jurisdictional control over the Contractor's compliance with the City's Noise Ordinance. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV DEWATERING AND DRAINAGE Page 119 of 173 3 PART 3 EXECUTION 3.1 GENERAL A. Protection of Property - Contractor shall make an assessment for dewatering induced settlement and shall provide devices or systems, including but not limited to re-injection wells, infiltration trenches and cutoff walls, necessary to prevent damage to existing facilities, completed Work and adjacent facilities. B. Control surface water and groundwater such that excavation to final grade is made in the dry, and bearing soils are maintained undisturbed. Prevent softening, or instability of, or disturbance to, the sub -grade due to water seepage. C. Provide protection against flotation for all work. D. The impact of anticipated subsurface soil/water conditions shall be considered when selecting methods of excavation and temporary dewatering and drainage systems. Through the use of groundwater observation wells (piezometers), where groundwater levels are found not to be at least 2 feet below the proposed bottoms of excavations, a pumped dewatering system is required for pre -drainage of the soils prior to excavation and for maintenance of the lowered groundwater level until construction has been completed to such an extent that the foundation, structure, pipe, conduit, or fill will not be floated or otherwise damaged. Type of dewatering system, spacing of dewatering units and other details of the work are expected to vary with soil/water conditions at a particular location. E. Wellpoints shall not be set in such a way that undermines or jeopardizes paved areas; if the setting of wellpoints undermines or impacts paved areas, the impacted areas shall be removed and restored equal to or better than their original condition at the expense of the Contractor. F. Pipe and conduit shall not be installed in water or allowed to be submerged prior to backfilling. Pipe and conduit which becomes submerged shall be removed and the excavation dewatered and restored to proper conditions prior to reinstalling the pipe and conduit 3.2 SURFACE WATER CONTROL A. Control surface water runoff to prevent flow into excavations. Provide temporary measures such as dikes, ditches and sumps. 3.3 GROUNDWATER OBSERVATION WELLS (PIEZOMETERS) A. Groundwater observation wells (piezometers) shall be installed for monitoring groundwater levels before and during construction / installation of pipelines, foundations and structures that are below or just above the existing groundwater table. A minimum of one well for every 100 feet of pipeline and two wells at each foundation or structure in locations accepted by the Engineer. Observation wells shall be designed and installed in such a manner as to provide an accurate and reliable indication of the groundwater levels adjacent to the pipelines, foundations and structures. B. Each observation well shall be installed in a 2'/2 inch diameter bore hole extending at least 4 -ft below the invert of the pipeline, foundation or structure. Backfill the annular space surrounding the intake and casing with filter sand especially processed for this purpose. Cap the top of the well to prevent infiltration of surface water. C. Maintain observation wells until pipelines, foundations and structures are backfilled. Observe and record daily the groundwater elevation in each well. Furnish measurements daily to the Project Manager. Periodically verify observation well accuracy by adding water to the well and recording the drop-in level from the time the water was added. Redevelop plugged observation wells to maintain accuracy and reliability of groundwater level indication. D. Excavation work shall not be performed until the readings obtained from the observation wells indicate that the groundwater has been lowered at least 2 feet below the bottom of the sub -grade within the limits of excavation. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV DEWATERING AND DRAINAGE Page 120 of 173 3.4 DISPOSAL OF DRAINAGE WATER A. All water discharged from temporary dewatering and drainage systems shall be disposed of in accordance with the sedimentation and control plans as specified in Section SCO1110 ENVIRONMENTAL PROTECTION PROCEDURES. Existing or new sanitary sewer systems shall not be used to dispose of drainage without written authorization from the Project Manager. B. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or "on-site" retention ponds that secondarily discharge to these surface water systems. DEWATERING A. All State and local permits associated with dewatering are the responsibility of the Contractor. B. Dewatering systems shall be designed to allow for localized variations in the depths of the excavations. C. Prevent surface water and subsurface or groundwater from flowing into excavations and from flooding project site and surrounding areas. All pumping and drainage shall be done with no damage to property or structures and without interference with the rights of the public, owners of private property, pedestrians and vehicular traffic. D. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of sub -grades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. E. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rainwater and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. F. Dewatering shall be accomplished well enough in advance of excavation to ensure that groundwater is already lowered prior to completing the final excavation to finish grade. G. Lower and maintain groundwater level a minimum of two (2) feet below bottom of excavation during placement and compaction of bedding material and foundation soils and during placement and compaction of fill and back -fill material. H. Excavations for foundations and structures shall be maintained in -the -dry for a minimum of 4 days after concrete placement. In no event shall water be allowed to enter an excavation and rise to cause unbalanced pressure on foundations and structures until the concrete or mortar has set at least 24 hours. Dewatering and drainage operations shall at all times be conducted in such a manner as to preserve the natural undisturbed bearing capacity of the sub -grade at the bottom of the excavation. If the sub -grade becomes disturbed for any reason, the unsuitable sub -grade material shall be removed and replaced with concrete, compacted granular fill, or other approved material to restore the bearing capacity of the sub -grade to its original undisturbed condition at no additional cost to the Owner. 3.6 DAMAGE RESTORATION A. Damage restoration: The Contractor shall be responsible for any heaving, settlement and/or separation of pavement that results from the dewatering operations. A damage restoration/remediation plan will be required for review and authorization to proceed. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV DEWATERING AND DRAINAGE Page 121 of 173 IAG 3.7 RESTORATION OF DEWATERING ACTIVITIES A. As the wellpoints are withdrawn, the locations of the voided areas shall immediately backfilled by jetting approved backfill material into the voids until they are completely filled. These restored wellpoint voids are subject to random density verification testing. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV DEWATERING AND DRAINAGE Page 122 of 173 IAG THE CITY OF BOYNTON BEACH UTILITIES DEPARTMENT BOYNTON BEACH BLVD 20' SANITARY SEWER (CIPP) TECHNICAL SPECIFICATIONS BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 123 of 173 IAG TABLE OF CONTENTS CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 1 — GENERAL REQUIREMENTS 1.1 Location of Work 1.2 Wastewater GIS Map 1.3 Pre -Rehabilitation Site Videos 1.4 Sequence of Work 1.5 Storm Preparedness 1.6 Wastewater By -Pass Pumping Operations 1.7 Work in Private Property 1.8 Quality Control and Quality Assurance 1.9 Safety SECTION 2 — CURED -IN-PLACE PIPE (CIPP) LINERS 2.1 General 2.2 Governing Standards 2.3 Submittals 2.4 Trenchless Rehabilitation Products SECTION 3 — PREPARATION 3.1 General 3.2 Cleaning of Wastewater System 3.3 Pre -Installation CCTV Inspection 3.4 Point Repairs 3.5 By -Pass Pumping of Wastewater 3.6 Public Notification BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 124 of 173 IAG 2.4.1 Product Design Life 2.4.2 Rehabilitation Products 2.4.3 Third Party Test Results 2.4.4 Rehabilitation Product Processes 2.5 Warranty 2.5.1 Contractor Warranty 2.5.2 Contractor Warranty Response 2.5.3 Manufacturer/Subcontractor Warranty 2.6 CIPP Material Manufacturer Qualifications 2.6.1 CIPP Main Liner Manufacturer 2.6.2 CIPP Lateral Liner Manufacturer 2.7 Cured -In -Place Pipe (CIPP) Materials 2.7.1 Product Identification 2.7.2 Field Installation Test Results 2.7.3 Proven Materials 2.7.4 Main Liner Materials 2.7.5 Resin Materials 2.7.6 Lateral Liner Materials 2.8 Structural Requirements 2.8.1 Variable Physical Properties 2.8.2 ASTM F1216 Design 2.8.3 Long -Term Testing 2.8.4 Cured CIPP Liner Layers 2.8.5 Minimum Physical Properties 2.8.6 Wall Thickness Design Parameters 2.8.7 Resin Saturation 2.8.8 Minimum Wall Thickness SECTION 3 — PREPARATION 3.1 General 3.2 Cleaning of Wastewater System 3.3 Pre -Installation CCTV Inspection 3.4 Point Repairs 3.5 By -Pass Pumping of Wastewater 3.6 Public Notification BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 124 of 173 IAG 3.7 Installation 3.7.1 Resin Impregnation 3.7.2 Main Liner Installation 3.7.3 Lateral Liner Installation 3.7.4 Curing 3.7.5 Cool Down 3.7.6 CIPP Main Liner Termination and Connection 3.8 Service Reconnection 3.9 Inspection and Testing 3.9.1 Material Testing 3.9.2 Field Testing SECTION 4 — CLEANING OF WASTEWATER SYSTEM 4.1 General 4.2 Qualification 4.3 Submittals 4.4 Products 5.5.2 4.4.1 Cleaning Equipment 4.5 Execution 5.5.4 4.5.1 CIPP Cleaning 4.5.2 Final Acceptance of Pipe Cleaning SECTION 5 — CLOSED CIRCUIT TELEVISION (CCTV) 5.1 General 5.2 Qualifications 5.3 Submittals 5.3.1 CCTV Property of City 5.4 Products 5.4.1 Equipment 5.5 Execution 5.5.1 Televising 5.5.2 Flow Control 5.5.3 Passage of CCTV Camera 5.5.4 CCTV Inspection Data Requirements 5.5.5 Field Quality Control SECTION 6 — REMOVAL OF PROTRUDING SERVICE CONNECTIONS 6.1 General 6.2 Products 6.2.1 Equipment 6.3 Execution 6.3.1 Performance 6.3.1 Inspection 6.3 Execution 6.3.1 Performance 6.3.2 Inspection SECTION 7 — CHEMICAL SEALING OF HOST PIPE 7.1 General 7.2 Products 7.2.1 Sealing Materials 7.3 Submittals BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 125 of 173 IAG 7.4 Equipment 7.4.1 General 7.5 Execution 7.5.1 General 7.5.2 Grout Mixing 7.5.3 Host Pipe Sealing by Pressure Grout Method 7.5.4 Cleanup 7.5.5 Disposal 7.5.6 Wastewater Flow Controls SECTION 8 — CHEMICAL SEALING OF SERVICE CONNECTIONS 8.1 General 8.2 Products 8.2.1 Sealing Materials 8.3 Submittals 8.4 Equipment 8.4.1 General 8.5 Execution 8.5.1 General 8.5.2 Grout Mixing 8.5.3 Lateral Service Sealing by Pressure Grout Method 8.5.4 Cleanup 8.5.5 Disposal 8.5.6 Wastewater Flow Controls BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 126 of 173 IAG CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 1 —GENERAL REQUIREMENTS THE CONTRACTOR IS ADVISED THAT THIS CONTRACT REQUIRES WORK IN ACTIVE WASTEWATER COLLECTION SYSTEMS AND SHALL FOLLOW ALL FEDERAL, STATE AND LOCAL REQUIREMENTS FOR SAFETY IN CONFINED SPACES. THE CONTRACTOR SHALL CONFORM TO ALL GUIDELINES BY THE OCCUPATION SAFETY AND HEALTH ADMINISTRATION (OSHA) FEDERAL REGULATIONS; 29 CFR CH. XVII, SECTION 1910.146 CONFINED SPACE ENTRY. 1.1 LOCATION OF THE WORK The work shall be performed on specific pipeline segments as defined in this Bid document at various locations throughout the City of Boynton Beach and extended wastewater service areas. Access to the work site may be over public streets and rights-of-way predominately located in residential areas. Any damage to existing pavement or other surface improvements, attributable to the Contractor's activities, shall be restored to equal or better condition by the Contractor at the Contractor's expense. 1.2 WASTEWATER GIS MAP The Contractor will be provided Wastewater GIS maps covering those areas associated with individual Projects and shall refer to them for additional information. The Wastewater GIS maps are issued as a supplement to the Project. They represent the best practical information available regarding the location and layout of the existing wastewater collection system. The accuracy of the information and dimensions on the Wastewater GIS maps is not guaranteed. The Contractor shall verify location and size of all existing utilities prior to starting the Project. 1.3 PRE -REHABILITATION SITE VIDEOS 1.3.1 Prior to any alterations to the Project Area, the Contractor shall video record each work location. The Contractor shall provide original video recording to the Project Manager no later than 15 days after the Notice to Proceed date. 1.3.2 The video(s) shall be DVD format and shall be labeled with record of date taken, Owner's purchase order number, and a brief description of times and activity covered in the video. The video shall be indexed using the timer for locations and by street intersections and shall become a part of the Owner's permanent job records. 1.3.3 The Contractor shall provide a monthly video record of construction progress to coincide with payment requests. If construction is being conducted in different localities, then video shall be taken at each work location; the Project Manager reserves the right to select the views to be video recorded. 1.3.4 The video(s) shall include both sides of the right-of-way and record paved and unpaved driveways and walkways; conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters, waterway crossing, or any other item within the work location. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 127 of 173 IAG 1.4 SEQUENCE OF WORK 1.4.1 Contractor shall submit a Sequence of Work minimizing the number of mobilizations and demobilizations throughout the Project area(s) and demonstrate a realistic progression of work. The submittal will project work that may reasonably be completed in 30 -day intervals to coincide with payment requests. The Sequence of Work shall provide the following information: A. Location of Project Area(s) I. Master Lift Station Basin, Lift Station, Manhole Identifications ii. Mobilization and demobilization dates iii. Linear feet within projected Project area(s) iv. Projected start and finish dates per area(s) B. Finish date for each Project area shall represent work completed and inspected by the Owner in accordance with Technical Specification Section 01025 Measurement and Payment Procedures. 1.4.2 If the Contractor demobilizes and moves to a non-consecutive Project area prior to completion, the Contractor is solely responsible for all costs associated with returning to the previous Project area to complete or correct the Work as directed by the Project Manager. 1.5 STORM PREPAREDNESS 1.5.1 In the event the issuance of an official storm warning issued by the National Weather Service, or as directed by the Owner, the Contractor shall secure, or shall remove and store all equipment and materials located at the Project location(s). Items include but are not limited to, cones, barricades, lights and signs. The Contractor shall begin taking such precautions as necessary to secure the Project locations(s) no later than 24 hours prior to predicted arrival of storm or as directed by the Owner. These activities are considered a regular part of the Work, regardless of the frequency at no additional cost to the City. 1.5.2 In the event of inclement weather, or at the direction of the Owner, the Contractor shall protect the work, private property affected by the work, and stored materials against damage. Any portion of the work or materials damaged or injured by reason of failure on the part of the Contractor, shall be removed and replaced at no additional cost to the City. 1.6 WASTEWATER BY-PASS PUMPING OPERATIONS 1.6.1 By-pass pumping shall consist of furnishing, installing, and maintaining all power, primary and standby pumps, appurtenances and by-pass pumping pipe required to maintain existing flows and services. 1. 6.2 The Contractor shall be responsible to assess conditions and capacities of existing wastewater system in order to implement an acceptable by-pass pumping plan at no additional cost to the City. The by-pass pumping systems shall be sufficient capacity to handle existing flows plus additional flows that may occur during periods of high tide or rainfall. 1.6.3 The Contractor shall submit by-pass pumping and/or diversion plans for review and approval by the Project Manager at least 14 days prior to the Work. The Contractor shall notify the Supervisor assigned to the project a minimum of 48 hours prior to commencing with the by-pass pumping operation. Failure to receive approval by the Project Manager or Supervisor may result in the contractor's work being halted at no cost to the City. The submittal shall include the following information: A. Sketch indicating the location of temporary plugs and by-pass discharge lines (sketch shall include street names and City manhole ID numbers); B. Capacities of pumps, prime motors, and standby equipment; C. Design calculations, when required, proving adequacy of by-pass system and selected equipment; BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 128 of 173 IAG D. Corresponding traffic control plan, where applicable, in accordance with Technical Specification Section 01570 Maintenance of Traffic. 1.6.4 The Contractor's objective of flow by-pass pumping and or diversion pumping is to maintain an efficient and uninterrupted level of service to wastewater collection system and storm drainage users during maintenance, rehabilitation and/or construction operations are facilitated by ensuring the following: A. By-pass and diversion pumps are adequately fueled, lubricated and maintained; B. Backup spare parts are expeditiously applied to the flow by-pass and/or diversion pumping system in the event of component breakdown; C. An emergency backup plan is smoothly implemented in the event of system failure; D. Backup, spillage, flooding or overflow onto streets, yards and unpaved areas or into building, adjacent ditches, storm drains and waterways is prevented while flow by-pass or diversion pumping takes place; E. Installation, startup and subsequent disassembly of the flow by-pass and diversion pumping system is smoothly transitioned; and, F. Backup of wastewater in lateral connections within the areas of pipe being rehabilitated is prohibited. 1.6.5 Pumps shall be self -priming type or submersible electric, in good working order, with a working pressure gauge. A. All power must be supplied by the Contractor; B. All pumps used must be constructed to allow dry running for extended periods of time to accommodate the cyclical nature of wastewater flows; C. During operation, all engines shall be equipped in a manner to keep the pump noise to a minimum and comply with Technical Specification Section 01110 Environmental Protection Procedures. D. Contractor shall provide stand-by pumps of adequate capacity and spare parts for pump(s) and piping shall be kept on site as required. 1.6.6 Flow by-pass and diversion pumping shall not damage private or public property, or create a nuisance or public menace. The pumped sewage shall be in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the wastewater collection system. After the work is completed, flow shall be returned to the sewer and all temporary equipment removed. 1.6.7 An experienced bypass -diversion pump maintenance operator/mechanic shall be on site during operation of the entire by-pass/diversion system. The operator/mechanic shall continuously: A. Adjust pump speed as appropriate so as not to adversely impact upstream or downstream flow condition levels; B. Check that the effectiveness and security of bulkheads, dams, diaphragms, plugs, valves, weirs and all other flow control devices are working effectively and according to plan; C. Check the integrity of hoses and couplings along the entire by-pass/diversion system; D. Monitor lubrication levels and top off as necessary; E. Facilitate repairs as required; and, F. Report problems to City. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 129 of 173 IAG R 1.6.8 In the event of accidental overflow or spillage, the Contractor shall immediately stop the overflow and take action to clean up and disinfect the spillage. The City shall be notified immediately following the occurrence. See Technical Specification Section 01110 Environmental Protection Procedures. The Contractor shall be responsible for any penalties and costs charged to the City by the FDEP and for all costs incurred by the City as a result of the Contractor's actions or as a result of the Contractor's negligence. 1.7 WORK IN PRIVATE PROPERTY 1.7.1 In the event that, in the opinion of the Contractor, obtaining a temporary construction easement outside the limits of the right-of-way, of City -owned property, or of the easement(s) obtained by the City is necessary or desirable, it shall be the sole responsibility of the Contractor to obtain such temporary easement from the owner of the property. If such easement is obtained by the Contractor it shall contain provisions to hold the City harmless from any operations of the Contractor within the easement limits. The Contractor shall not conduct construction operations on private property outside the limits of the public right-of-way, of City - owned property, or of the easement(s) obtained by the City unless a copy of the easement agreement is filed with the City. 1.7.2 Upon completion of Work in easements, the Contractor shall restore the property, including all fences or other structures disturbed by his operations, to an as good as or better than the condition in which he found it. 1.8 QUALITY CONTROL AND QUALITY ASSURANCE 1.8.1 A detailed Quality Control Plan (QCP) shall be submitted to the Owner that fully represents and conforms to the requirements of these specifications. A detailed narrative of the proposed quality controls to be performed by the Contractor shall include the following: A. Defined responsibilities, of the Contractor's personnel, for assuring that all quality requirements, for this contract, are met. These shall be assigned, by the Contractor, to specific personnel; B. Proposed procedures for quality control, product sampling and testing shall be defined and submitted as part of the plan; C. Proposed methods for product performance controls, including method of and frequency of product sampling and testing both in raw material form and cured product form; D. A scheduled performance and product test result reviews between the Contractor and the City; and, E. Inspection forms and guidelines for quality control inspections shall be prepared in accordance with the standards specified in this contract and submitted with the QCP. 1.8.2 The Contractor shall provide access to all areas of Work, including the Contractor's facilities, for Owner. The City may conduct Quality Assurance activities so as not to excessively interfere with the Work; however, where the City Quality Assurance personnel request specific actions of the Contractor, the Contractor shall comply with the request and agrees that such compliance is included as part of its contract price. 1.8.3 Occasionally installations will result in the need to repair or replace a defective CIPP. The Contractor shall outline specific repair of replacement procedures for potential defects that may occur in the installed CIPP. Repair/replacement procedures shall be as recommended by the CIPP system manufacturer and shall be submitted as part of the Quality Control Plan. 1.8.4 Defects in the installed CIPP that will not affect the operation and long-term life of the product shall be identified and defined. 1.8.3 All costs incurred for preparation and submittal of the required QCP shall be the responsibility of the Contractor. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 130 of 173 IAG 1.9 SAFETY 1.9.1 The Contractor shall conform to all work safety requirements of pertinent regulatory agencies, and shall secure the site for the working conditions in compliance with the same. The Contractor shall erect such signs and other devices as are necessary for the safety of the work site. 1.9.2 The Contractor shall perform all of the Work in accordance with applicable OSHA standards. Emphasis shall be placed upon the requirements for entering confined spaces and with the equipment being utilized for pipe renewal. 1.9.3 The Contractor shall submit a proposed Safety Plan to the Owner, prior to beginning any work, identifying all competent persons. The plan shall include a description of a daily safety program for the job site and all emergency procedures to be implemented in the event of a safety incident. All work shall be conducted in accordance with the Contractor's submitted Safety Plan. 1.9.4 All costs incurred for preparation and submittal of the Safety Plan shall be the responsibility of the Contractor. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 131 of 173 ijzn CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 2 — CURED -IN-PLACE PIPE (CIPP) LINERS 2.1 GENERAL The Work in this section includes furnishing and installing cured -in-place pipe (CIPP) Main and Lateral liners as needed and as specified in the Work. A Main Liner typically is installed in sanitary sewer gravity mains between two adjacent manholes or access structures, for the various diameters and thicknesses. A Lateral Liner typically is installed in sanitary sewer service laterals between the gravity main and property line. The Contractor shall furnish a complete CIPP system including all materials, labor, equipment, and services necessary for liner installation including: traffic control, by-pass pumping and/or diversion of wastewater flows, cleaning and closed circuit television (CCTV) inspection of the pipe segment to be lined, Main Liner or Lateral Liner installation, service lateral reconnection and grouting, final CCTV inspection and testing of lined pipe system, surface restoration, and cleanup of the Work site. Neither the CIPP system, nor its installation, shall cause adverse effect to any of the Owner's processes or facilities. The use of the product shall not result in the formation or production of any detrimental compounds or by-products at the wastewater treatment plant. The Contractor shall notify the Owner and identify any by-products produced as a result of the installation operations, test and monitor the levels, and comply with any and all local waste discharge requirements. 2.2 GOVERNING STANDARDS The following references are part of this Specification. In case of conflict between the requirements of this Specification and those of the listed documents, the requirements of this Specification shall prevail. The latest edition of the following references shall be used: Reference Title ASTM D543 Standard Practices for Evaluating the Resistance of Plastics to Chemical Reagents ASTM D638 Standard Test Method of Tensile Properties and Plastics ASTM D790 Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials ASTM D792 Standard Test Methods for Density and Specific Gravity of Plastics by Displacement ASTM D903 Standard Test Method for Peel or Striping Strength of Adhesive Bonds ASTM D1600 Standard Terminology for Abbreviated Terms Relating to Plastics ASTM D2990 Standard Test Methods for Tensile, Compressive, and Flexural Creep and Creep Rupture of Plastics ASTM D3839 Standard Practice for Underground Installation of "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe ASTM D5813 Cured -in -Place Thermosetting Resin Sewer Pipe ASTM F412 Standard Terminology Relating to Plastic Piping Systems ASTM F1216 Standard Practice for Rehabilitation of Existing Pipelines by Pulled -in -Place Installation of Cured -in -Place Thermosetting Resin Pipe BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 132 of 173 ijzn ASTM F1743 Rehabilitation of Existing Pipelines and Conduits by Pulled -in -Place Installation of Cured - in -Place Thermosetting Resin Pipe (CIPP) 2.3 SUBMITTALS 2.3.1 The Contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Manufacturer's or Assembler's certification that the liner materials are in compliance with the Specifications, and the codes and standards referenced herein; B. Certification showing that the Contractor is currently licensed and approved by the manufacturer(s) to install the product(s) referenced in this Specification; C. Name of resin supplier and liner fabric supplier or manufacturer; D. Specification on all lining materials and resins; E. Contractor's procedures for sealing CIPP liners from groundwater infiltration/migration at manholes and laterals; and details of all component materials and construction details such as hydrophilic rubber seals; Manufacturer's or Assembler's guidelines for storage procedures and temperature control, handling and inserting the liner, curing requirements and details, service connection methods, and trimming and finishing; G. Manufacturer's or Assembler's guidelines for minimum and maximum pressures, temperatures, and time inversion to be used during liner inversion, cure, and cool down; H. Procedures for cool down and relieving static head after the CIPP liner is cured; and, Manufacturer's or Assembler's guidelines for factory and/or field (whichever applies) wet out procedures including: volume of resin per unit of liner, roller gap setting, mixing ratios and procedures for resin and catalyst/hardener, shelf life of resin, pot life of resin, and required wet out procedure to ensure full saturation. J. The Contractor shall also provide field measurements and liner sizing calculations to demonstrate: 1) The liner wall thickness design for each pipe segment and that the liner has been properly undersized to avoid the creation of wrinkles or folds; 2) Tabular liner wall thickness calculations shall be provided for each pipe diameter in no less than 1 -foot increments from 1 -foot to 6- feet cover depth and in 2 -foot cover depth increments thereafter; 3) The tabulated liner wall thickness for each pipe diameter/cover depth interval shall be the maximum wall thickness calculated over the cover depth interval; 4) Special liner wall thickness calculations shall be submitted for installations with less than 3 -feet of cover; and, 5) The liner wall thickness shall be increased as required based on actual pipe cross section determined by the pre -installation CCTV inspection. 2.3.2 Specifications for Wastewater By -Pass Pumping Operations described in CIPP Technical Specifications Section 1 — General Requirements. A. The Contractor shall submit by-pass pumping and/or diversion plans to the Project Manager a minimum of 14 days prior to the needed use for review and approval. In some cases, verbal confirmation of the plan and approval with the Project Manager may be used in lieu of a written plan. The Contractor shall notify the Project Manager a minimum of 48 hours prior to BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 133 of 173 ijzn commencement of the by-pass operation. Failure to receive approval by the Project Manager may result in the Contract's Work being halted at no cost to the City. 2.3.4 The Contractor shall submit an approved Maintenance of Traffic (MOT) plan (for County or state Roadways) to the Project Manager a minimum of 14 days prior to the needed use for review. The Contractor shall submit an approved Maintenance of Traffic (MOT) plan (for City Roadways) to the Project Manager a minimum of 14 days prior to the needed approval. The Contractor shall notify the Project Manager 24 hours prior to commencing MOT operations. 2.4 TRENCHLESS REHABILITATION PRODUCTS 2.4.1 Sewer products are intended to have a 50 -year design life, and in order to minimize the Owner's risk, only proven products with substantial successful long-term track records shall be approved by the Owner prior to Contract Award. 2.4.2 Sewer rehabilitation products submitted for approval must provide third party test results supporting the structural performance, both short term and long term, of the product and such data shall be satisfactory to the Owner. 2.4.3 Third party test results must be prepared in accordance with ASTM F1216 substantiating the performance and design of the proposed product. No product will be approved without independent third -party testing certification. 2.4.4 Rehabilitation manufacturing and installation processes shall operate under a quality management system which is third party certified to ISO 9000 or other recognized organization standards and provide certification documentation. 2.5 WARRANTY 2.5.1 The Contractor unconditionally warrants to the City for a period not less than one (1) year from the date of final acceptance of the work each lined pipe segment against any defects which will affect the integrity or strength of the product such as materials, surface preparation, lining application, and workmanship. 2.5.2 The Contractor shall, within one (1) month of written notice thereof, propose an acceptable method and repair any defects that may develop during the warranty period in a manner acceptable to the Project Manager and at no cost to the City. A. Specific defects include, but are not limited to, evidence of visible leakage of groundwater through/around the CIPP system, foreign inclusions, dry spots, delamination or a combination of defects to any portion of the CIPP system as visible from CCTV inspection. B. Wrinkles or separation of any part of the CIPP system from the host pipe to the extent that the CIPP system inside diameter in the area is 95 percent or less of the completed CIPP system inside diameter. No wrinkles in the CIPP liner will be allowed within four (4) feet of liner terminations at manholes. 2.5.3 If Work includes terms covered under a Manufacturer's or Subcontractor's warranty that exceeds the requirements stated herein, Contractor shall transfer such warranty to the City. Such warranties, do not limit the warranty provided by the Contractor to the City. 2.5.4 The Manufacturer shall warrant and save harmless the City against claims for patent infringement and any loss thereof. 2.6 CIPP MATERIAL MANUFACTURER QUALIFICATIONS CIPP Main Liner Manufacturer BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 134 of 173 ijzn 2.6.1 To be considered commercially proven, the CIPP Main Liner Manufacturer proposed for this project shall have performed and shall document the following information: A. A minimum of 300,000 linear feet of successful wastewater collection system installations in the State of Florida, or geographic locations with environmental conditions similar to those in the State of Florida, within the last five (5) years; B. Installations shall have been similar in size and scope of work to this project; C. Contractor shall provide a list of installation projects including the project name location, contact information and year installed; and, D. Information shall be documented to the satisfaction of the Owner. CIPP Lateral Liner Manufacturer 2.6.2 The CIPP Lateral Liner Manufacturer of the product proposed for this project shall have performed and shall document the following information: A. A minimum of 150,000 linear feet of successful wastewater collection system installation in the State of Florida, or geographic locations with environmental conditions similar to those in the State of Florida, within the last three (3) years; B. Installations shall have been similar in size and scope of work to this project; C. Contractor shall provide a list of installation projects including the project name, location, contact information and year installed; and, D. Information shall be documented to the satisfaction of the Owner. E. When a specific Scope of Work for one (1) project includes CIPP Main Liner and Lateral Liner installation, the project may be cited to meet both category requirements. 2.7 CURED -IN-PLACE (CIPP) MATERIALS 2.7.1 All materials furnished, as part of this contract shall be marked with detailed product information, stored in a manner specified by the manufacturer, and include testing results to verify that the materials meet the requirements of this contract. 2.7.2 When requested by the Owner, the Contractor shall furnish test results from field installation in the USA of the same resin system and tube materials as proposed for the actual installation. The test results must verify that the CIPP physical properties specified in CIPP Technical Specification Section 2 (2.8.5) Cured in Place Pipe and have been achieved in previous field applications. Samples for this project shall be made and tested as described in CIPP Technical Specification Section 2 (2.8.6) — Cured in Place Pipe. 2.7.3 The Owner may authorize the use of proven materials that serve to enhance the pipe performance specified herein. This section shall not be interpreted as authorization to deviate from the minimum standard practices set forth. A. Proven materials must have passed independent laboratory testing, not excluding long term (10,000) hours of structural behavior testing; B. Proven materials have been successfully installed to repair failing host pipes in the State of Florida, or a geographic location with environmental conditions similar to those on the State of Florida, for at least four (4) years; and, C. Owner may require that the Contractor demonstrate that the enhancements proposed meet or exceed the specifications prior to installation. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 135 of 173 ijzn Main Liner Tube Materials 2.7.4 The main liner tube shall consist of one or more layers of flexible needled felt or an absorbent non -woven felt fabric that meet the requirements of ASTM F1216, Section 5.1 or ASTM F1743, Section 5.2.1 or ASTM D5813, Sections 5 and 6. A. The tube shall be constructed to withstand installation pressures and curing temperatures, and be compatible with the resin system used. B. The main liner shall be fabricated to a size that, when installed, will fit the internal circumference of the host pipe without any annular space between the liner and existing pipe wall, will have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. C. The wet -out tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the calculated minimum design CIPP wall thickness. D. The tube shall be sewn or flame bonded to a size that when installed will tightly fit the internal circumference and length of the host pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. E. The outside layer of the tube (before wet out) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wet out) procedure. The tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the tube that my cause delamination in the cured liner. No dry or unsaturated layers shall be evident. G. The wall color of the interior surface of the liner after installation shall be a light reflective color so that a clear, detailed examination with CCTV inspection equipment may be made. H. Seams in the tube shall be stronger than the non -seamed felt. I. The outside of the tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 -feet. Such markings shall include the manufacturer's name or identifying symbol. The tubes must be manufactured in the USA. J. The main liner shall be fabricated from materials which when cured, will be chemically resistant to withstand internal exposure to constituents normally present in domestic wastewater. K. The minimum tube length shall be that deemed necessary by the Contractor to effectively span the distance from the inlet to the respective manholes or access points, unless otherwise specified. The Contractor shall verify the lengths in the field before impregnation of the tube with resin. An individual tube insertion operation may be made over multiple contiguous pipe segments as determined in the field by the Contractor and reviewed and accepted by the Project Manager. Resin Materials 2.7.5 The resin system shall be a corrosion resistant polyester or vinyl ester system having all required catalysts initiators that when cured within the tube create a composite that satisfies the requirements of ASTM F1216, ASTM D5813 and ASTM F1743, the physical properties herein, and those which are to be utilized in the approved design of the CIPP for this project. A. The resin shall produce a CIPP that will comply with the structural and chemical resistance requirements of this specification. B. Resin shall not be subjected to ultraviolet light and shall form no excessive bubbling or wrinkling during lining. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 136 of 173 ijzn Lateral Liner Materials 2.7.6 Lateral Liners shall consist of a factory assembled one (1) piece CIPP liner that provides a resin impregnated partial overlap (interface seal) inside the main pipe and a verifiable non -leaking connection at the junction between the main and lateral pipe. A. The Lateral Liner shall be suitable for both wye and tee connections. No materials or devices other than the resin impregnated interface seal will be permitted to affect the connection between the main and lateral pipe. The width of the interface seal overlap material inside the main shall be at least 1 -inch beyond the circular edge of the lateral pipe opening, and of a continuous cross section. The thickness of the liner within the lateral pipe and connection area to be the main shall be designed for thickness as specified in CIPP Technical Specification Section 2 (2.8.8) Cured -In - Place Pipe. B. Chemical grout designed for injection shall be: AV -100 chemical grout as manufactured by Avanti International, or approved equal. 2.8 STRUCTURAL REQUIREMENTS 2.8.1 The physical properties and characteristics of the finished liner will vary considerably, depending on the types and mixing proportions of the materials used; and, the degree of cure executed. It shall be the responsibility of the Contractor to control these variables and to provide a CIPP system which meets or exceeds the minimum properties specified herein. 2.8.2 The CIPP shall be designed as per ASTM F1216 Appendixes. The CIPP design shall assume no bonding to the original pipe wall. 2.8.3 The Contractor must have performed long-term testing for flexural creep of the CIPP liner material to be installed. Such testing results are to be used to determine the long-term, time dependent flexural modulus to be utilized in the product design. This is a performance test of the materials (tube and resin) and general workmanship of the installation and curing. A percentage of the instantaneous flexural modulus value (as measured by ASTM D790 testing) will be used in design calculations for external buckling. The percentage, or the long-term creep retention value utilized, will be verified by this testing. Values in excess of 50% will not be applied unless substantiated by qualified third party test data. The materials utilized for this Project shall be of quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus used in the CIPP design. 2.8.4 The layers of the cured CIPP liner shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the Work. Any reoccurrence may cause rejection of the Work. 2.8.5 The cured pipe material (CIPP) shall, at a minimum, meet or exceed the structural properties as listed below. MINIMUM CIPP PHYSICAL PROPERTIES Cured Pol ester Composite Property Test Method Minimum Resin per Enhanced Resin ASTM F1216 Flexural Modulus of Elasticity (Short Term) ASTM D790 (short term) 250,000 psi Contractor Value (Felt Tubes), Felt/Fiberglass, Fiberglass BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 137 of 173 ijzn as recommended by the Manufacturer = 2.0 1.5 for pipes 36" or larger Creep Retention Factor for Long -Term Flexural Stress 50% Ovalit = (Short Term)(Felt Tubes), Constrained Soil Modulus = Per AASHTO LRFD Section 12 and AWWA Manual M45 Felt/Fiberglass, Fiberglass ASTM D790 4,500 psi Contractor Value as recommend by the Based on field measurements Live Load = Manufacturer Soil Load assumed Density = 120 Ib./cubic feet 2.8.6 The required CIPP liner wall thickness shall be based, as a minimum, on the physical properties in CIPP Technical Specification Section 2, (2.8.8) Cured -In -Place Pipe, in accordance with the design equations in the Appendix of ASTM F1216, and the following design parameters: Design Safety Factor = 2.0 1.5 for pipes 36" or larger Creep Retention Factor for Long -Term = 50% Ovalit = 2% or as measured by field inspection Constrained Soil Modulus = Per AASHTO LRFD Section 12 and AWWA Manual M45 Groundwater Depth above invert of existing pipe = As specified Soil Depth above the crown = Based on field measurements Live Load = Highway, railroad, or airport as applicable Soil Load assumed Density = 120 Ib./cubic feet 2.8.7 Any layers of the tube that are not saturated with resin prior to insertion into the host pipe shall not be included in the CIPP liner wall structural thickness computation. 2.8.8 The CIPP liner material shall conform to the minimum wall thicknesses, as listed below: SECTION 3 - PREPARATION 3.1 GENERAL It shall be the responsibility of the Contractor to locate and designate all manhole access points, verify that they are open and accessible for the Work. The Contractor shall notify the Project Manager of access points that cannot be opened due to obstruction by permanent structures. The Contractor shall furnish all materials, labor, equipment and services; and, be responsible to make all necessary provisions to ensure service conditions and structural conditions of the host pipe are suitable for installation and warranty of the liner. Provisions include, but are not limited to, temporary wastewater by-pass pumping, temporary service interruption of service laterals, confirming the locations of all lateral service connections prior to installing and curing the CIPP liner correction of obstructions/defects, and controlling excessive infiltration. SECTION 3 — CURED -IN-PLACE PIPE (CIPP) LINERS BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 138 of 173 ijzn MINIMUM WALL THICKNESSES CIPP Thickness 4" — 6" 3.0 mm 8" — 12" 6.0 mm 15" 7.5 mm 18"-21" 9.0 mm 24" — 27" 10.5 mm 30" — 36" 12.0 mm 42" 13.5 mm 48" 15.0 mm SECTION 3 - PREPARATION 3.1 GENERAL It shall be the responsibility of the Contractor to locate and designate all manhole access points, verify that they are open and accessible for the Work. The Contractor shall notify the Project Manager of access points that cannot be opened due to obstruction by permanent structures. The Contractor shall furnish all materials, labor, equipment and services; and, be responsible to make all necessary provisions to ensure service conditions and structural conditions of the host pipe are suitable for installation and warranty of the liner. Provisions include, but are not limited to, temporary wastewater by-pass pumping, temporary service interruption of service laterals, confirming the locations of all lateral service connections prior to installing and curing the CIPP liner correction of obstructions/defects, and controlling excessive infiltration. SECTION 3 — CURED -IN-PLACE PIPE (CIPP) LINERS BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 138 of 173 ijzn 3.2 CLEANING OF WASTEWATER SYSTEM 3.2.1 The Contractor shall remove all debris from the pipe segments and manholes that will interfere with the CIPP liner installation. Cleaning shall conform to the requirements of CIPP Technical Specification Section 4 (4.4) - Cleaning of Wastewater System. The Contractor shall transport all debris removed from the wastewater system during the cleaning operation, to the South -Central Regional Wastewater Treatment Plant located at 1801 North Congress Avenue, Delray Beach, FL (561) 272-7061. The transport and associated costs of all debris shall be the responsibility of the Contractor at no expense to the City. 3.2.2 It shall be the responsibility of the Contractor to clear the pipe segment of obstructions such as solids, roots, iron scale, excessive joint sealant, and grease that will interfere with and prevent the insertion of the CIPP liner and a tight fit with the host pipe. Specialty cleaning as defined under CIPP Technical Specification Section 4 (4.5) — Cleaning of Wastewater System will be authorized by the Project Manager. When specialty cleaning is specifically called for in a Change Order, the Contractor shall have the responsibility of coordinating the timing of specialty cleaning with the immediate installation of the CIPP liner within 24 hours. If desired, the Project Manager may arrange for others to perform the specialty cleaning necessary and the Contractor shall notify the Project Manager a minimum of 7 days in advance of their planned CIPP liner installation date so that the specialty cleaning can be accomplished prior to the planned CIPP lining installation. 3.2.3 Protruding laterals which are determined to interfere with the liner installation shall be removed by remote cutter in accordance with CIPP Technical Specification Section 6 (6.3) — Removal of Protruding Service Connections. This work shall be done in conjunction with wastewater system cleaning activities. 3.3 PRE -INSTALLATION OF CCTV INSPECTION 3.3.1 Pre -installation CCTV Inspection of the main and service laterals shall be performed by experienced personnel trained in locating breaks, obstacles, obstructions and service connections in accordance with the requirements of CIPP Technical Specification Section 5 (5.5) — Closed Circuit Television Inspection. The Contractor shall note locations of any conditions, which my prevent proper installation of the CIPP liner into the host pipe or cause defects in the final product so that these conditions can be corrected prior to the liner installation If CCTV inspection reveals a condition such as a protruding service connection, dropped joint, pipe deformation, excessive infiltration or a collapse that may adversely impact inversion, installation, curing, or the final integrity of the CIPP liner, then the Contractor shall immediately inform the Project Manager and allow same to view the defect during the inspection. Upon contact and approval of the Project Manager, the Contractor and Project Manager shall coordinate arrangements for correction of the defect by point repair. The Pre -installation CCTV video provided to the Project Manager shall document the correction of any such condition and state of the host pipe prior to lining. 3.4 POINT REPAIRS 3.4.1 Prior to CIPP liner installation, all conditions/defects such as dropped joints, pipe deformation, excessive infiltration or a collapse that may adversely impact inversion, installation, curing, or the final integrity of the CIPP liner shall be repaired as authorized by the Project Manager. If conditions which may only be corrected by open -cut repair are encountered after the Contractor has set up preparations (by-pass pumping or traffic control) for the Work to progress, the Contractor shall leave these items in place as directed by the Project Manager: The set-up preparations will remain in place provided the Project Manager is able to schedule completion of the repair within five (5) business days. Otherwise, the Contractor shall demobilize if the Project Manager must schedule the work at a later date A. Excessive infiltration shall be controlled using an approved chemical grout in accordance with manufacturer recommendations. Extraneous grout material which may come in contact with the CIPP liner shall be compatible with the resin system utilized. Extreme caution should be taken during leak sealing (pressure grouting) operations in order to avoid damaging the already weakened pipe. Excessive pumping of grout which might plug a service lateral shall be avoided. Any main or service laterals blocked by the grouting operation shall be cleared immediately by the BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 139 of 173 ijzn Contractor. Hose pipe damage caused by improper use of grouting equipment or operator error shall be repaired at the Contractor's expense. B. Severe offsets/dropped joints, pipe deformations, grade defects or collapses shall be repaired by others by open -cut methods if they are discovered during the Post-Cleaning/Pre-installation Inspection. 3.5 BY-PASS PUMPING OF WASTEWATER 3.5.1 The Contractor shall provide by-pass pumping and/or diversion when required for completion of preparatory work and CIPP liner installation. By-pass pumping of wastewater shall be performed in accordance with the requirements CIPP Technical Specification Section 1 (1.7) — General. 3.5.2 Contractor shall schedule the Work or otherwise provide wastewater collection service to allow businesses to maintain their normal hours of operation. 3.6 PUBLIC NOTIFICATION 3.6.1 The Contractor shall make every effort to maintain service throughout the duration of the Project. In the event that a service connection will be out of service, the maximum amount of time of no service shall be four (4) hours for any property served by the wastewater system. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the wastewater system and informing them of the Work to be conducted, and when wastewater service will be off-line. The Contractor shall also provide the following: A. Written notice to be delivered to each home or business two (2) weeks and again (2) days prior to the beginning of Work being conducted on the pipe segment. The notice shall include the Contractor's name, the date the Work will commence, the duration of the Work, the type of Work and a local telephone number of the Contractor's onsite representative they can contact to discuss the Project or any problems which could arise. C. Personal contact with any home or business, which cannot be reconnected within the time stated in the written notice. 3.7 INSTALLATION 3.7.1 Resin Impregnation A. The uncured resin in the original containers and the unimpregnated fiber -felt tube shall be thoroughly impregnated (by vacuum for Main Liner) prior to installation. The materials `wet -out' procedure shall be subject to inspection by the Project Manager or his/her designee. A resin and catalyst system that is compatible with the requirements of the method shall be used. B. The impregnated liner tube shall be transported to and stored at the site in such a manner that it will not be damaged, exposed to direct sunlight, or result in any public safety hazard. The impregnated liner tube shall be kept cool during shipment and storage. All materials shall be subject to inspection and review prior to installation. 3.7.2 Main Liner Installation A. Contractor shall ensure that a Project Manager approved procedure is followed for sealing the liner from all groundwater infiltration and migration at connections to and within all manholes and service laterals. Hydrophilic sealing material shall be placed per the Manufacturer's recommended project guidelines and Contractor's/Manufacturer's approved procedures prior to liner installation. B The impregnated tube shall be inserted through an existing manhole or access structure by means of the manufacturer's recommended installation process in accordance with ASTM F1216. The application of hydrostatic head, compressed air, or other means shall fully extend the CIPP line to BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 140 of 173 ijzn the next designated manhole or termination point and inflate and firmly adhere the liner to the host pipe wall. C. The liner tube shall be installed at a rate less than 10 -feet per minute at all times. D. If the CIPP liner installation fails, the Contractor shall be responsible for operating the by-pass pumping equipment for the additional time required until the installation can be completed, at the Contractor's expense. 3.7.3 Lateral Liner Installation A. The installation device shall be pulled into the main pipe using a cable winch or robotically transported from the access point (manhole) to the service connection point with the use of CCTV to correctly position the device as required by the Manufacturer or Assembler. The resin impregnated liner materials shall be protected from contamination until positioned at the point of repair. CCTV documentation of the placement prior to curing shall be provided to the Project Manager. B. Lateral Liners shall generally be installed after completion of the CIPP liner within the main pipe and extend to the property line or cleanout. The full length of the existing lateral pipe shall be rehabilitated between the main pipe and the property line or cleanout by either lining or replacement, except where a Short Lateral Liner is specified. The Lateral Liner tube shall be installed from the bottom up through the lateral opening in the main pipe. Depending on the type of approved products employed, the Contractor may then choose to install the remaining portion of the required length of Lateral Liner from the top down through a cleanout at the property line. There shall be at least a 12 -inch overlap from the upper portion onto the lower portion of the Lateral Liner if installed separately, and the portion installed from the bottom up through the lateral opening in the main pipe shall extend at least 3 -feet into the lateral from the main pipe. Liner overlaps and termination points shall not occur at any pipe bends. C. The application of hydrostatic head, compressed air, or other means shall fully extend the liner to the termination point and inflate and firmly compress the liner against the host pipe. D. The post rehabilitation CCTV inspection for the Lateral Liner installation shall be from within the main pipe with a pan and tilt camera and from within the lateral pipe to fully document the installation. A resin impregnated sample (wick) shall be retained by the Contractor to provide verification of the curing process taking place in the lateral pipe and for testing as required. 3.7.4 Curing A. If a heat source is required after placement is completed, suitable heat source and distribution equipment shall be provided. The equipment shall be capable of circulating hot water, air, and/or steam throughout the section by means of pre -strung hose which has been performed in accordance with the manufacturer's recommendations or other methods acceptable by the Project Manager to raise the temperature uniformly above the temperature required to affect a resin cure. This temperature shall be determined by the manufacturer based on the resin/catalyst system employed. B. The heat source piping shall be fitted with continuous monitoring thermocouples to gauge the temperature of the incoming and outgoing water, steam, and/or air supply. Water, steam, or air temperature during the cure period shall meet the requirements of the resin manufacturer as measured at the heat source inflow and outflow return lines. The Contractor shall provide standby equipment to maintain the heat source supply. C. The initial cure shall be deemed to be completed when inspection of the exposed portions of the liner appears hard and sound and the remote temperature sensors indicate that an exotherm has occurred. The cure period shall be of duration and temperature recommended by the resin manufacturer during which time the recirculation of the water, steam, and/or air and cycling of the heat exchanger continuously maintain the required temperature. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 141 of 173 141 D. A data logger shall be used for Main Liners to continuously record temperature, pressure and time during heating, cure and cool down of the liner at the insertion, intermediate and termination manholes. Where requested, this data shall be provided to the Project Manager for each pipe segment. 3.7.5 Cool Down A. The cured liner shall be cooled to a temperature below 100 degrees F before relieving the static or pressure in the lined pipe and returning normal flow back into the system. The cool down may be accomplished by introducing cool water or air into the lined pipe. Care shall be taken in the release of the static head or pressure so that a vacuum will not develop which could damage the newly installed liner. Water for cooling shall be supplied by the Contractor. B. The finished liner shall be continuous over the length of the pipe and be free from defects such as dry spots, delamination and lifts. All materials other than the cured liner should be removed from the pipe by the Contractor. 3.7.6 CIPP Main Liner Termination and Connection in Manhole A. Liner Termination: The liner shall achieve a watertight seal through the manhole channel/invert and at the host pipe(s) where it enters/exits any manhole. The use of fiber felt and a suitable resin system, hydrophilic rubber water stops, injection grouting, or other Project Manager approved methods compatible with the liner shall be used to ensure a watertight CIPP liner system. CIPP liner entries at manholes shall be smooth and free of irregularities. The top half of the CIPP liner shall be neatly cut at least 4 -inches away from the wall. The channel in the manhole shall be a smooth continuation of the pipe(s) and shall be merged with other pipes or channels. All manholes shall be individually inspected for liner cut off, benches and sealing Work. Any visible leaks through or around the CIPP liner shall be corrected by an approved method at the Contractor's expense. It is anticipated that some pipe to manhole connections will require supplementary efforts to affect an acceptable watertight seal D. Manhole Rehabilitation: Manhole rehabilitation shall be performed at the sole discretion of the Project Manager on an as -needed basis. The channel in the manhole shall be a smooth continuation of the liner and pipe(s) and shall be merged with other channels. Inverts and/or benches shall be resurfaced/repaired or constructed to provide a smooth flow channel where necessary. The Project Manager may also require that the manhole floor and base section receive an approved monolithic coating which is chemically compatible with the CIPP liner, and any chemical/cementitious grout or repair material used in the manhole. 3.8 SERVICE RECONNECTION 3.8.1 The Contractor shall be responsible for internally reopening the service connections to the lined pipe using a pivot -head CCTV inspection camera and a remote cutting tool. The Contractor shall locate the service connections from inside the lined pipe, cut a hole matching the connection diameter, and grout the area where the service connection enters the lined pipe to produce a water tight seal approved by the Project Manager or his or her designee. Grouting of service connections shall be accomplished using a "Logiball" type lateral packer to seal the first 18 -inches of the service connection in accordance with the manufacturer's instructions and CIPP Technical Specification Section 8 — Chemical Sealing of Service Connections. The Contractor shall provide a nearly full -diameter hole, free from burrs, lose or abraded material, handing fibers or projections, and with a neat, smooth and crack -free edge. The hole shall be 95 percent minimum and 100 percent maximum of the original service connection diameter. The invert of the service connection shall match the bottom of the reinstated service opening. The Contractor shall certify he has a minimum of two (2) complete working cutters plus spare key components on the site before each installation. All cuttings shall be collected and disposed of properly. 3.8.2 All service connections shall be reopened including those that go to unoccupied or abandoned buildings or vacant lots, unless directed otherwise by the Project Manager. Begin reconnection of services within four BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 142 of 173 141 (4) hours after liner insertion. The Contractor shall initially reopen each connection in an expeditious manner with less than a full size opening to release wastewater temporarily stored in the service lateral. The Contractor shall then complete reconnection of all services within 24 hours. The Contractor shall immediately reopen any missed connections and repair any holes drilled in error. Faulty cuts shall be repaired by methods approved by the Project Manager at no additional cost to the City. 3.8.3 It is the intent of these Specifications that service connections be reopened without excavation. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. 3.9 INSPECTION AND TESTING 3.9.1 Material Testina A. All materials testing shall be performed and certified by a registered independent, third -party laboratory pre -approved by the City. B. Wall thickness of samples shall be determined as described in ASTM F1216, Section 8 or ASTM F1743, Section 8. The minimum wall thickness at any point shall not be less than 87.5% of the design thickness as calculated in CIPP Technical Specification Section 2 (2.8.8) — Cured -In -Place Pipe. C. The preparation and testing of these samples shall be in accordance ASTM F1216, Section 8. The Contractor shall coordinate the required testing of the samples in accordance with the pay item. The Contractor shall pay for the cost of retests made necessary by the failure of the samples to meet the specified requirements. D. The cured liner shall be sampled and tested for flexural strength and flexural modulus (short term). Flexural strength and modulus shall be tested in accordance with the requirements of ASTM D790. The liner shall be in compliance with the physical properties stated in Cl PP Technical Specification Section 2 (2.8.5) — Cured -In -Place Pipe. E. Corrosion resistance requirements shall be as stated in ASTM F1216, Section X2 - Chemical resistance Tests. 3.9.2 Field Testing —Installed CIPP A. The physical properties of the installed CIPP shall be verified through field sampling and laboratory testing. All materials for testing shall be furnished by the Contractor to the Owner for testing. All materials for testing shall be performed at the Owner's expense, by an independent third -party laboratory selected by the Owner as recommended by the CIPP manufacturer. All tests shall be in accordance with applicable ASTM test methods to confirm compliance with the requirements specified. B. The Contractor shall provide samples for testing to the Owner from the actual installed CIPP liner. Samples shall be provided, at a minimum from one location per 1000 linear feet of CIPP installed or as required by the Owner. The sample shall be cut from a section of cured CIPP that has been inverted or pulled through a like diameter pipe which has been held in place by a suitable heat sink, such as sandbags. All curing, cutting and identification of samples will be witness by the Owner and transmitted by the Owner to the testing laboratory. On pipelines greater than 18 inches in diameter, the Owner may at its discretion, require plate samples cured with the CIPP or designate a location in the newly installed CIPP where the Contractor shall take a sample. The opening produced from the sample shall be repaired in accordance with manufacturers recommended procedures. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 143 of 173 141 C. The laboratory results shall identify the test sample location as referenced to the nearest manhole and station. Final payment for the project shall be withheld pending receipt and approval of the test results. If properties tested do not meet the minimum physical and thickness requirements, the CIPP shall be repaired or replaced by the Contractor unless the actual physical properties and the thickness of the sample tested meet the design requirements are required in the contact. D. Chemical Resistance— The CIPP system installed shall meet the chemical resistance requirements of ASTM D5813. CIPP samples tested shall be of fabric tube and the specific resin proposed for actual construction. It is required that CIPP samples without plastic coating meet these chemical testing requirements. A certification may be submitted, by the Contractor, from the manufacturer, verifying that the chemical resistance of the CIPP meets the contract requirements. E. Hydraulic Capacity — Overall, the hydraulic capacity shall be maintained as large as possible. The installed CIPP shall at a minimum be equal to the full flow capacity of the original pipe before rehabilitation. In those cases where full capacity cannot be achieved after liner installation, the Contractor shall submit a request to waive this requirement, together with the reasons for the waiver request. Calculated capacities may be derived using a commonly accepted flow roughness coefficient for the existing pipe material taking into consideration its age and condition. The installed CIPP thickness shall be measured for each line section installed. If the CIPP thickness does not meet that specified in the contract and submitted as the approved design by the Contractor then the liner shall be repaired or removed unless the tested physical properties and the thickness of the sample tested meet the design requirements as required in the contract. The liner thickness shall have tolerance of minus 5% plus 10%. In man -entry size piping the Contractor shall remove a minimum of one sample or one sample every line section of installed CIPP, not meeting the specified design thickness, to be used to check the liner thickness. The samples shall be taken by core drilling 2 -inch diameter test plugs at random locations selected by the Owner. As an alternative the Contractor may use industry proven non-destructive methods for confirming the thickness of the installed CIPP. G. All costs, to the Contractor, associated with providing cured CIPP samples for testing shall be included in the price bid for General Conditions. Payment for all required field testing by a third -party testing laboratory will be paid for by the Owner, directly to the testing laboratory. It is the responsibility of the Contractor to pay for all re -tests due to failed materials, defects, installation or results unacceptable to the Owner. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 144 of 173 141 CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 4 — CLEANING OF WASTEWATER SYSTEM 4.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for the cleaning of the interior of wastewater pipe. The pipe shall be cleaned by the Contractor prior to inspection as specified in CIPP Technical Specification Section 5 — Closed Circuit Television Inspection. The Work includes, but is not limited to, the following: A. Field locating all manholes along the pipe segments to be cleaned,- B. leaned;B. Maintaining and protecting both vehicular and pedestrian traffic, and meeting all requirements of the City and all other governmental agencies having jurisdiction; C. Cleaning of wastewater pipe segments and public laterals, as hereinafter specified, to permit proper Closed -Circuit Television (CCTV) inspection and rehabilitation; D. Disposal of waste and sediment as specified herein; E. Removal of roots and other materials that require the use of specialty equipment defined as specialty cleaning as specified herein; F. Clean up as the work progresses and after the completion of all work activities; and, G. All other work required for the satisfactory cleaning of the wastewater pipes and manholes. The Contractor is advised that the Contract requires work in active wastewater collection systems and shall follow all Federal, State and local requirements for safety when in confined spaces. The Contractor shall conform to all guidelines by the Occupational Safety and Health Administration (OSHA) Federal Regulations; 29 CFR Ch. XVII, Section 1910.146 Confine Space Entry. 4.2 QUALIFICATIONS The Contractor shall have experience in cleaning of vitreous clay pipe, concrete pipe, and other pipe materials typically found in wastewater collection systems. 4.3 SUBMITTALS The Contractor shall submit the cleaning equipment project data to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. 4.4 PRODUCTS 4.4.1 Cleaning Equipment A. The wastewater system shall be cleaned with industry standard truck -mounted high velocity hydro - cleaning equipment. No mechanical bucket machinery will be acceptable for the cleaning process. All controls shall be located so that the equipment can be operated above ground. During hydro - cleaning, the Contractor shall restrict the flow level in the pipe to a maximum of 50 percent of the pipe diameter. Particular care should be taken to avoid flooding house connections during hydro - cleaning operations. B. The Contractor shall provide equipment capable of removing all sand, dirt, rocks and other debris from the pipe segment to allow unobstructed remote CCTV inspection of all internal pipe surfaces. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 145 of 173 141 C. The Contractor shall certify that backup cleaning equipment, including machines, devices, tools, etc. is available and can be delivered to the site within 24 hours. D. Any blockages of building service connections, resulting from the cleaning or other items of work shall be removed by cleaning of the building connection by the Contractor, at his own expense. Any damage caused by flooding of building service connections shall be corrected by the Contractor, at his own expense. E. The Contractor shall provide specialty equipment capable of mechanically removing all attached, hardened and/or cemented debris including, but not limited to, roots, grease, calcification, tuberculation, joint sealant, other hardened or tightly adherent deposits, etc. which cannot be removed by the use of industry standard high velocity hydro -cleaning equipment alone. Specialty equipment shall include, but is not limited to, a root saw, spring blade root cutter chuck or approved equal. Lateral cleaning equipment, if required, shall be a remote -control directional unit to launch a high- pressure cleaning nozzle into a lateral connection from within the main pipe. 4.5 EXECUTION 4.5.1 CIPP — Cleaning Light Cleaning refers to cleaning of wastewater pipes where 9% or less of the original pipe diameter is accumulated with debris. Medium Cleaning refers to cleaning of wastewater pipe where 10% to 29% of the original pipe diameter is accumulated with debris. Heavy Cleaning refers to cleaning of wastewater pipes where 30% or greater of the original pipe diameter is accumulated with debris. Specialty Cleaning is performed in addition to Light, Medium, or Heavy Cleaning. Specialty Cleaning shall include, but is not limited to removal of hardened debris, roots, grease, calcification and tuberculation. A. After determining the preliminary requirements and the feasibility of effective CCTV inspection, the Contractor shall thoroughly clean all required pipe segments or public laterals as required to permit an unrestricted inspection by industry standard CCTV inspection equipment. Particular emphasis shall be afforded the removal of accumulated grease, roots, sand, rocks, bricks, sludge and other debris so that the CCTV inspection will clearly show all portions of the pipe segment, all to the satisfaction of the Project Manager or his or her designee. If CCTV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to repeat the cleaning and CCTV inspection of the pipe segment at no additional cost to the City. B. The Contractor shall contact Customer Relations located in City Hall at 100 E. Boynton Beach Boulevard, (561) 742-6300 to obtain a fire hydrant meter to measure water required for cleaning during rehabilitation activities. The Contractor will be charged a fee for the use of the meter and will be billed for water used. A backflow prevention devise shall be used to prevent contamination of the potable water system. C. Prior to project closeout, the Contractor shall verify that all water use charges are paid by obtaining a FINAL payment receipt from Customer Relations; and, verify that all water meters and backflow prevention equipment was returned. D. Fire hydrant meters shall be furnished and installed by the Contractor at all points where water is drawn from the City supply. The Contractor is responsible for any damage resulting from improper operation of hydrants. Hydrants shall not be obstructed when there is a fire in the area. E. The Contractor shall not waste water from the public water supply because of improper connections or from hydrants left open. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 146 of 173 141 Waste and debris cleaned from the pipe segment shall be removed at the downstream manhole by pumps or other means. The discharge and drainage stream shall be returned downstream to the wastewater collection system for disposal. Under no circumstances shall wastewater or solids be dumped onto the ground surface, street, or into ditches, catch basin or storm drains. All solid and semi-solid debris resulting from the cleaning operations shall be removed from the site and taken to the wastewater treatment facility to which the debris would have arrived in the absence of the cleaning operation, unless directed otherwise. Contractor is responsible for transporting the debris and must remove and properly dispose of excess water from the debris prior to disposal at the South -Central Regional Wastewater Treatment Plant located at 1801 North Congress Avenue, Delray, Beach, FL. G. Where access to manholes in easements and right-of-way is required, the Contractor shall obtain permission from the homeowner for equipment access. Refer to CIPP Technical Specification Section 1 (1.8) - General for additional information on Work in Private Property. H. Barricades and warning signs shall be used in work areas and around open manholes. The Contractor shall furnish and maintain traffic controls and safety devices as required. Normal Cleaning (Light, Medium and Heavy) includes the removal of sludge, sand, silt, rocks, gravel and other loose and non -adhering debris regardless of the amount in an unlimited number of passes, and requires a minimum of two passes with the high velocity hydro -cleaning equipment. The first pass shall be restricted to 800 psi at the nozzle head. The second and subsequent passes shall be at 1200 psi. J. Specialty Cleaning includes Normal Cleaning criteria and also consists of removal of all attached, hardened and/or cemented debris including, but not limited to, roots, grease, calcification, tuberculation, joint sealant, other hardened or tightly adherent deposits, etc. which cannot be removed by the use of industry standard high velocity hydro -cleaning equipment alone. Specialty Cleaning consists of an unlimited number of passes using specialty cleaning equipment in conjunction with high velocity hydro -cleaning equipment. All pipe shall be restored to at least 95 percent of their normal diameter. Joint sealant shall be removed to within '/4 -inch of the pipe wall. Specialty Cleaning only for the removal of excessive joint sealant will generally not be required until just prior to lining of the pipe segment (if necessary), unless the joint sealant prevents the passage of the CCTV inspection equipment. Specialty Cleaning shall only be undertaken when specifically authorized by the Project manager or his or her designee. K. Employ satisfactory precautions to protect the pipe and manholes from damage that might be inflicted by improper selection of the cleaning process or improper use of the equipment. Immediately notify Project Manager if fresh soil, pieces of pipe, or other visible signs of potential problems occur during cleaning operation. When using hydraulically propelled devices, take precautions to ensure that the water pressure created does not cause damage or flooding to public or private property. Do not surcharge the wastewater beyond the elevation that could cause overflow wastewater into area waterways or buildings, or onto ground. L. The Contractor shall clean upstream reaches of the system before the downstream reaches are cleaned. Hydro -cleaning equipment shall be inserted in the downstream manhole of pipe segment, and the cleaning work shall proceed from upstream to downstream. Winching equipment used shall not damage the pipe or manholes. 4.5.2 Final Acceptance of Pipe Cleaning Acceptance of pipe segment cleaning shall be made upon the successful review of the CCTV inspection by the Project Manager. If the CCTV inspection shows the cleaning to be unsatisfactory, the Contractor shall be required to repeat the cleaning and CCTV inspection of the pipe segment until the cleaning is shown to be satisfactory. Such repeat cleaning and CCTV inspection shall be made at the Contractor's expense. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 147 of 173 141 CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 5 — CLOSED CIRCUIT TELEVISION INSPECTION 5.1 GENERAL The City's closed-circuit television (CCTV) trucks are equipped with Cobra TechnologiesTM Information Software and the statistical information is subsequently imported to the Cobra Information Management System (CIMSTM) The Contractor shall use PACP Format v. 6.0 to ensure compatibility. The Work in this section includes furnishing all labor, materials, tools, and equipment for the CCTV inspection of the interior of wastewater collection system. The pipe shall be cleaned by the Contractor prior to CCTV inspection as specified in CIPP Technical Specification Section 4 - Cleaning of Wastewater System. Post -cleaning CCTV inspection shall be a recorded video inspection by the Contractor of the interior of pipe following (post) cleaning, and prior to any rehabilitation work. Post -cleaning CCTV inspections shall verify that the pipe segment is clean and allow an evaluation of the condition of the pipe. Post-cleaning/Pre-rehabilitation CCTV inspection shall identify the location of service connections and pipe segment defects that may require rehabilitation. Post -rehabilitation CCTV inspection shall be a recorded video inspection to determine that rehabilitation of a pipe segment has been completed according to Specifications. The inspections shall be done one pipe segment (i.e. manhole to manhole) at a time. This Contract requires work in active wastewater collection systems and the Contractor shall follow all federal, state and local requirements for safety in confined spaces. The Contractor shall conform to all guidelines by the Occupational Safety and Health Administration (OSHA) Federal Regulations; 29 CFR Ch. XVII, Section 1920.146 Confined Space Entry. 5.2 QUALIFICATIONS CCTV inspections shall be in compliance with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP) standards and performed by NASSCO PACP certified inspectors. The Contractor shall have experience in the CCTV inspection of vitreous clay pipe, concrete pipe, and other pipe materials typically found in wastewater collection systems. 5.3 SUBMITTALS 5.3.1 Submitted CCTV inspections become the property of the City. The Contractor shall maintain a master copy of all CCTV inspection data until final acceptance of the project. The CCTV inspection video shall not be edited. The contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Prior to the beginning of any work, a sample PACP database and video demonstrating compliance with the requirements above shall be submitted to the Project Manager for approval; B. The equipment manufacturer's guidelines; and, C. Video and data from CCTV inspection surveys on Compact Disc (CD), Digital Video Disc (DVD) and/or other acceptable digital media along with hard copy reports of inspection surveys. The labeled digital media and hard copies of the inspection reports in a three-ring binder, shall be assembled in an orderly manner and submitted together. All final data for each completed pipe segment shall be submitted in a single NASSCO PACP Data Exchange Format. 5.4 PRODUCTS 5.4.1 Equipment A. CCTV Equipment: Select and use CCTV equipment that shall produce a high-quality color video. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 148 of 173 141 B. Pipe Inspection Camera: Produce a video using a pan -and -tilt, radial viewing, pipe inspection camera that pans ± 275 degrees and rotates 360 degrees. Use a camera with an accurate footage counter, which displays on the monitor the exact distance of the camera from the centerline of the starting manhole. Use a camera with camera height adjustment so that the camera lens is always centered at one-half the inside diameter in the pipe being televised. Only self-propelled cameras shall be used to provide an unobstructed view of the pipe. Provide a lighting system that allows the features and condition of the pipe to be clearly seen. A reflector in front of the camera may be required to enhance lighting in dark or large diameter pipe. The camera shall be operative in 100 percent humidity conditions. The camera, television monitor and other components of the video system shall be capable of producing a minimum 500 -line resolution colored video picture. Picture quality and definition shall be to the satisfaction of the Project Manager, if unsatisfactory, equipment shall be removed and no payment made for an unsatisfactory inspection. C. Lateral Inspection Camera: Produce a video using radial viewing, pipe inspection camera that can be launched from the main pipe into the service lateral. Use a camera with an accurate footage counter that displays on the monitor the exact distance of the camera in the lateral from the main pipe. Use a centering device for the lateral camera to maximize protection and passage so that the camera lens is always centered in the pipe being televised. Use a sound and camera locating receiver to locate the end of the public lateral at the property line. The camera shall use a self - leveling system that allows the features and humidity conditions. The camera, television monitor and other components of the video system shall be capable of producing a minimum 500 -line resolution colored video picture. Picture quality and definition shall be to the satisfaction of the Project Manager, if unsatisfactory, equipment shall be removed and no payment made for an unsatisfactory inspection. The lateral inspection camera shall be the LAMP system by Cues, Inc., or approved equal. D. Video: Video shall be recorded on CD/DVD or other acceptable digital media, as required by the Project Manager. 1) Only CCTV inspections of pipe segments from the same work area may be included on a single CD/DVD. 2) Only one pipe segment or public lateral inspection shall be permitted in each video file. The Contractor shall not be permitted to start a portion of a televised segment on one video file and finish on another. Reverse inspections shall be included in the same video file or may be in a separate video file if included on the same CD/DVD. 3) Media identification labels are required. A label shall be placed on each disc with the following information: 4) Identification Label: a) Project Name, City Bid Number b) Contractor's Name C) Inspection Type: Post-cleaning/Pre-rehabilitation, and Post -rehabilitation d) Lift Station Basin e) Video Filename f) Date Submitted E. The Contractor shall provide with each video a PACP complaint report that shall include the header data, pipe defects, service connections, and PACP Condition Grading System ratings for the structural and operational & maintenance defects. The Contractor shall provide a detailed header at the beginning of each video file and log sheet. At a minimum the header shall include: 1) Project Name, City Bid Number 2) Contractor's Name 3) Operator's Name and PACP Certification Number 4) Inspection Type: Post-cleaning/Pre-rehabilitation, or Post -rehabilitation 5) Inspection Date 6) Master Lift Station Basin Number BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 149 of 173 141 7) Lift Station Number 8) Upstream and Downstream manhole numbers 9) Street Name and Number 10) Upstream and Downstream Rim to Pipe Invert Depth 11) Upstream and Downstream Grade to Pipe Invert Depth 12) Survey Direction 13) Method of Flow Control 14) Pipe Shape and Size 15) Pipe Total Length 16) Pipe Surveyed Length 17) Pipe Joint Length 18) Pipe Material G. The Contractor shall superimpose a footage counter on the screen that runs continuously during the course of each video file. 5.5 EXECUTION 5.5.1 Televising A. After completion of cleaning and prior to rehabilitation: 1) Conduct CCTV inspection of the pipe segment or public lateral to document the condition of the pipe segment and to locate existing service connections; 2) CCTV inspections shall be of sufficient quality for the Project Manager to evaluate the condition of the pipe, locate the service connections, and verify cleaning; 3) Immediately after rehabilitation, televise the pipe segment to document completion of rehabilitation work and quality; and, 4) Contractor to notify the Project Manager 24 hours in advance of any CCTV inspection so that the Project Manager or Supervisor may observe the inspection operations. B. Perform CCTV inspection of pipe segments and public laterals as follows: 1) Perform Post-cleaning/Pre-rehabilitation CCTV Inspection immediately after pipe cleaning and before pipe rehabilitation work. Verify that the pipe is clean and ready for rehabilitation. 2) Collect post -cleaning inspection video at each service connection for an extended period to better understand the flow from each service connection. The camera shall be positioned at each service connection for a sufficient duration to determine the nature of flow and condition of the connection (minimum of 30 -seconds). If a service connection is in use, the Contractor shall pause the inspection until domestic flow has ceased. Any service connection inspection deemed unacceptable by the Project Manager shall be re - televised by the Contractor at no additional cost to the City. 3) Perform post -rehabilitation CCTV inspection to confirm completion of rehabilitation work, including removal and replacement. Verify that the rehabilitation work conforms to the requirements of the Specifications. Provide a video showing the completed work, including the condition of restored service connections. The video shall be taken with dry or damp pipe walls (no dripping or splashing). Prepare and submit a report providing location of service connections along with the location of any discrepancies. 4) Videos shall pan beginning and ending manholes including pipe connection area to demonstrate that all debris has been removed. Camera operator shall slowly pan each service connection, significant defects, clamped joints, and pipe material transitions. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 150 of 173 141 5) The accuracy of the measurements for location of defects, service connections, etc. cannot be stressed too strongly. Marking on cable, or the like, which would require interpolation for depth of manhole, shall not be allowed. The footage measurement device shall be accurate to one-tenth of a foot over the entire length of the pipe segment being inspected. Prior to recording the location of a defect, service connection, etc., slack in the cable of the CCTV inspection camera shall be taken up to assure the measuring device is designating proper footage. Accuracy of the measurement device shall be checked daily by use of a walking meter, roll -a -tape, or other suitable means. 6) Camera distortions, inadequate lighting, dirty lens, blurred/hazy picture, or excessive water depth shall be cause for rejection of the CCTV inspection for that pipe segment. Any pipe segment CCTV inspection deemed unacceptable by the Project Manager shall be re - televised and a new video and report provided by the Contractor at no additional cost to the City. Payment for CCTV inspection and subsequent rehabilitation shall not be made until the Project Manager approves the quality of the video and logs. C. CCTV inspection video shall be continuous for a pipe segment between manholes. Do not leave gaps in the video of a segment between manholes and do not show a single segment on more than one video, unless specifically allowed by the Project Manager. D. Where access to manholes in easements and rights-of-way is required, the Contractor shall obtain permission from the homeowner for equipment access. Refer to CIPP Technical Specification Section 1 (1.8) — Work in Private Property for more information. 5.5.2 Flow Control A. Perform CCTV inspection of one pipe segment at a time. Adequately control the flow in the segment being televised. The Contractor shall use pipe plugs in the upstream manhole to control the depth of flow where feasible. Do not exceed the depth of flow as follows: Pipe Diameter Depth of Flow Inches (Percent of Pipe Diameter) 6-10 10 12-24 15 >24 20 B. If the wastewater flow depth exceeds the maximum allowable during the CCTV inspection of pipe segment, reduce the flow depth to an acceptable level by performing the CCTV inspection during minimum flow hours, by "By-pass Pumping", by high -velocity jet muzzle or other acceptable dewatering means Technical Specification Section 02322 Dewatering and Drainage. Video made while floating the camera is not acceptable. Additionally, post -rehabilitation CCTV inspection shall be performed with the added requirement that the pipe walls are damp or dry (no dripping or splashing). 5.5.3 Passage of CCTV Camera A. Do not propel the television camera through the pipe segment at a speed greater than 30 feet per minute and no slower than 15 feet per minute unless the inspection is stopped for service connection or defect viewing. B. If the camera is unable to pass an obstruction during CCTV inspection of a pipe segment, televise the segment from the other direction (reverse setup) in order to obtain a complete CCTV inspection of the segment. 1) When the camera is proceeding in the opposite direction in order to survey on either side of an obstruction and a second obstruction is encountered away from the first obstruction, the inspection may be terminated and the Contractor shall be paid for the length of the pipe segment inspected. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 151 of 173 147 2) The Project Manager makes no guarantee that pipe segments specified for CCTV inspection are clear for the passage of the Contractor's cleaning and CCTV equipment. Select the appropriate equipment, tools, and methods for securing safe passage of the equipment. The Contractor shall be responsible for all costs associated with the equipment. The Contractor shall be responsible for all costs associated with the retrieval of cleaning and CCTV inspection equipment that become stuck in the system. These costs include, but are not limited to, "By-pass Pumping" and any resultant restoration, all in accordance with City standards. The City reserves the right to remove the Contractor's stuck equipment from the system if the Contractor fails to do so in a timely manner. All costs incurred by the City to remove the Contractor's stuck equipment from the wastewater system shall be paid by the Contractor. C. The Post-cleaning/Pre-rehabilitation CCTV inspection shall document that the pipe is ready to rehabilitate. Report any variations between previous reported (existing data) conditions and the actual conditions encountered to the Project Manager. D. The post -rehabilitation CCTV inspection shall document completion of the rehabilitation work and conformance to the Specifications. Provide a full 360 -degree view of pipe, joints and service connections. Conduct post -rehabilitation CCTV inspection separately from cleaning operations in order to provide a clear view unobstructed by splashing or dripping. 5.5.4 CCTV Inspection Data Requirements A. For each CCTV inspection survey (manhole to manhole, or lateral), provide the data/video in electronic format and a hard copy report. Electronic inspection data shall be submitted in Pipeline Assessment Certification Program (PACP) v. 6.0 compatible with COBRA TechnologiesTm Data Logger and Cobra Information Management System (CIMSTM). A single database as well as multiple pipe segment video files from the same Work List can be included to the same CD/DVD provided they fit. The video files and database included on all media shall be labeled per City approved format. The hard copy inspection report shall include header information and provide a log of all defects, service connections and other conditions indexed the footage counter using PACP format. B. CCTV inspection video and data shall be captured in digital format and collected with PACP v. 6.0 certified software. The software shall be capable of exporting PACP data exchange files compatible for import into CIMSTM. The software shall capture the inspection data in the PACP defect coding mode. C. All CCTV inspections shall be created and performed referencing the City's Master Lift Station Basin as the collection area, Lift Station and manhole naming standards. The Project Manager will provide the Master Lift Station Basin, Lift Station and manhole naming standards and master list to the Contractor. The Contractor may not alter or edit the City's assets master list without prior approval from the Project Manager. D. The CCTV inspection video files shall be encoded using MPEG1 or MPEG2 standards, and shall provide at least VHS quality at a minimum of 35s x 240 pixels resolution, 30 frames per second, and bitrate of 1.4 megabit per second. Extraneous video coverage before and after the completion of the pipe segment CCTV inspection shall be edited out by the Contractor to minimize the size of the associated digital video file. E. Video filenames shall be created using a format of "Lift Station Basin ID -Master Lift Station ID - Upstream MH ID -Downstream MH ID -Inspection Date (YYYYMMDD) follow by the file extension". Example for the initial inspection: 317-501-004-003-20130827. MASTER LIFT STATION ID LIFT STATION ID UPSTREAM MANHOLE ID DOWNSTREAM MANHOLE ID DATE YYYYMMDD 317 501 004 003 20170327 Example for a reverse inspection: 317-501-004-003-20170327R. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 152 of 173 147 Video filenames for public lateral inspection shall be created using format of "Lift Station Basin - Master Lift Station ID -Upstream MH ID -Downstream HH ID- Inspection Date (YYYYMMDD)-LAT Distance from MH (U for Upstream, D for Downstream) followed by the file extension. Example inspection: 317-501-004-003-20130511 LAT161.8D.mpg MASTER LS ID LS ID UPSTREAM MH ID DOWNSTREAM MH ID DATE (YYYYMMDD) LF UPSTREAM OF DOWNSTREAM MH 317 501 004 003 20130827 161.8 In this case the lateral was 161.8 liner feet from downstream manhole 003 5.5.5 Field Quality Control A. Contractor shall not allow wastewater or solids to be released from the wastewater system onto streets or into ditches, catch basins, stormwater drains, stormwater manholes, etc. B. Acceptance of pipe cleaning and rehabilitation work is contingent upon the successful completion of the CCTV inspection. If the CCTV inspection video is not acceptable or shows that debris, solids, sand, grease, or grit remains in the pipe, the CCTV inspection and/or cleaning shall be considered unsatisfactory. The cleaning and CCTV inspection of the pipe segment shall be repeated at the Contractor's expense until it is satisfactory. C. Pre -installation and post -rehabilitation inspections shall either be recorded on the same media or shall be referenced, if recorded on separate media. Acceptance of the Work shall be based on Project Manager or Supervisor's review of the CCTV inspection. Post -rehabilitation CCTV inspection shall not be performed in conjunction with cleaning operations and the liner wall shall be as dry as practical during the inspection (no dripping or splashing). Lateral Liner (if installed) post - rehabilitation CCTV inspection shall be performed top-down from the clean-out or bottom up from the mainline with a specialty lateral inspection device and at the mainline/lateral interface with a mainline pan and tilt camera. All CCTV inspections delivered to the City shall be in accordance with CIPP Technical Specification Section 5 — Closed Circuit Television. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 153 of 173 147 CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 6 — REMOVAL OF PROTRUDING SERVICE CONNECTIONS 6.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for internally removing and sealing protruding service connection taps and excess mortar in wastewater pipe segments scheduled to be rehabilitated. Remove only those taps that protrude sufficiently as specified herein which are determined to interfere with the pipe rehabilitation. The intent is to remove the minimum number of protruding taps necessary to allow the entire pipe segment to be rehabilitated. The Contractor shall maintain wastewater flows, including by-pass pumping, as required at all times during the performance of this work. The Contractor shall remove all dirt and debris caused by tap removal. Excess material will not be allowed to enter the wastewater system and carried to downstream reaches. 6.2 PRODUCTS 6.2.1 Equipment A. Protruding taps shall be removed using an internal, remote-controlled intruding pipe remover. Excavation and replacement of protruding taps will not be allowed except under special situations authorized in writing by the Project Manager. B. The equipment shall consist of a main body containing a rotating head assembly equipped with carbide cutting edges. The rotating cutting head shall be driven by air or by electricity and shall be capable of cutting concrete, vitrified clay pipe or other materials commonly used for pipe construction with the exception of cast iron or steel C. The equipment shall be self-propelled or pulled through the pipe using winches and a cable set up between adjacent manholes. D. The equipment shall be positioned using a TV camera in conjunction with the cutter assembly. 6.3 EXECUTION 6.3.1 Performance A. The Contractor shall remove all service taps specified herein that inhibit pipe segment rehabilitation methods. The Contractor is required to remove protruding taps to the point where they are flush with the inside wall of the pipe. B. The Contractor shall maintain a complete record of all taps that were removed, and furnish two (2) copies of this record at the completion of this work. 1) The list shall show the Work Order Number, date, street, and pipe segment (by manhole numbers), station and location (left, right and top) of each tap removed. 2) The list shall also show similar data for any taps that were not successfully removed, as well as the reason why removal was unsuccessful. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 154 of 173 147 C. The Contractor shall protect existing main pipe and service laterals from damage caused by improper use of the equipment. Damage to a main pipe or service lateral caused by removal of a tap shall be repaired immediately, as directed by the Project Manager or Supervisor, at the Contractor's expense. Any increase in infiltration at the service connection caused by the Contractor's removal of the protruding tap shall be chemically sealed by the Contractor at no additional cost to the City, in accordance with CIPP Technical Specification Section 8 — Chemical Sealing of Service Connections. D. The Contractor shall remove all dirt and debris from the wastewater system following completion of tap removal. 6.3.2 Inspection A. Contractor shall televise protruding service connection tap prior to removal, recording location and footage to service connection. Following successful completion of removal, Contractor shall perform post -construction television inspection. B. Post -cleaning and post -rehabilitation television inspections shall be recorded on the same video as specified in CIPP Technical Specification Section 5 — Closed Circuit Television Inspection. Video and data shall be submitted to the Project Manager. Video and data shall become the property of the City. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 155 of 173 147 CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 7 — CHEMICAL SEALING OF HOST PIPE 7.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for reducing infiltration within the host pipe to an acceptable level prior to liner installation to ensure that placement and curing is not adversely affected by the presence of excessive infiltration. Accordingly, the Project Manager will base acceptance of this portion of the Work on the reduction of infiltration at host pipe joints and other defects to a level that will insure completion liner installation in accordance with these specifications. Contractor shall furnish all labor, materials, equipment and incidentals to seal active infiltration at host pipe joints and other defects as directed. Sealing shall be from inside the host pipe using a device equipped with a pan and tilt camera and inflatable packer as described herein. 7.2 PRODUCTS 7.2.1 Sealing Materials A. The sealing compound shall be Acrylic base gel — Avanti AV -100, AV -118, Urethane base gel — Avanti AV -350 or Acrylate base gel — Deneff AC -400 or approved equal, and shall be suitable for use in domestic wastewater collection systems. Handling, formulation and storage of the sealing gel compound shall be in strict conformance with the manufacturer's recommendations. The uncured gel shall be delivered to the site in unopened containers, with the date of manufacture clearly indicated, no uncured gel manufactured more than six months prior to the date of application shall be utilized. Residual sealing materials shall be removed from the wastewater collection system after injection to insure no flow reductions, restriction or blockage occur. B. Avanti Icoset additive shall be added to the sealing compound for gel strengthening. The quantity of Icoset additive will be according to the manufacturer recommendation. The sealing compound admixture shall be adjusted to meet specified viscosity and reaction time. 7.3 SUBMITTALS 7.3.1 The Contractor shall submit the following to the Project Manager in accordance with Technical Specifications Section 01340 Shop Drawings, Work Drawings and Submittals. A. Gel compounds B. Installation equipment 7.4 EQUIPMENT 7.4.1 General A. Sealing equipment shall consist of two separate pumping systems capable of supplying an uninterrupted flow of sealing materials to completely fill the voids. Pumps, fittings and hoses shall be designed to transport a high viscosity material and shall not be affected by acetone or ketone solvents. B. Sealing materials shall pass from the pumping system through instant reading, controlled flow meters and then through a dual hose system into the sealing device. The device (referred to hereafter as a packer) shall be a cylindrical case of a size less than pipe size, with the cables at either end used to pull it through the host pipe. C. Generally, the equipment shall be capable of performing the specified operation in pipes where flows do not exceed 25 percent without resorting to any method of flow control. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 156 of 173 147 D. Air impervious inflatable sleeves shall be mounted over the cylinder with the ends of the sleeve sealed to the ends of the casing. The sleeves shall be so constructed that they can be pneumatically expanded from the center to both ends. The center portion of the sleeve shall be sealed to the casing by a broad confining band. When the packer is inflated, two widely spaced annular bladders shall be formed, each having an elongated shape and producing an annular void around the confined portion of the sleeve. No sealing device which is expanded mechanically nor where the expansion sleeve is not continuous will be allowed in order to prevent damage to the pipe from excessive amounts of sealing pressures or air leakage in the center area of such sealing device. The sleeve shall be a low void packer. 7.5 EXECUTION 7.5.1 General Sealing shall be by the pressure grout method. Generally, this shall be accomplished by forcing chemical sealing gel materials through a system of pumps and hoses into and through the joints and other defects of the host pipe from the packer within the pipe. Jetting or driving pipes from the surface that could damage or cause undermining of the wastewater system shall not be allowed. 7.5.2 Grout Mixing A. The Contractor shall mix all grout at the job site in the presence of the Project Manager or Supervisor. No grout will be used on the job which has been mixed off site and is in the Contractor's tank when the truck drives on site. The Contractor's personnel shall follow the manufacturer's recommendations for the mixing and safety procedures to protect personnel from any adverse effects of the grouting compounds. Powder and additives shall be added and mixed at rates, which will minimize the formation of lumps within grout tanks solutions. All additives will be thoroughly mixed in the grouting component tanks. B. Prior to application of grout for seal purposes, a pump test will be performed to determine if equal quantities of grout are being pumped from the grout component tanks. Separate containers shall be used to capture the discharges from the grout component tanks. One gallon of grout shall be pumped and the pump strokes shall be counted. If unequal quantities are being pumped, the Contractor shall take corrective action. The pump test shall be repeated until equal quantities are pumped from the grout tanks. C. During the grouting process, the Contractor shall monitor the grout component tanks to make sure that equal quantities are being pumped. If unequal levels are noted in the tanks, the pump test shall be repeated as described above. At the beginning of each day, when new batches of grout are mixed and when grout additives are modified to change gel times, a test shall be performed with the quantities of grout to determine the grout mixture gel time. The Contractor shall have accurate scale(s) which shall be used to weigh the various non -water grout solution components. 7.5.3 Host Pipe Sealing by Pressure Grout Method A. The packer shall be positioned over the area of infiltration by means of a measuring device at the surface and the closed-circuit television camera in the pipe. Accurate measurement of the location of the effect to be sealed shall be made, using a portion of the packer as a "Datum" of measurement point or target. Such measurement, target or point shall also be used to obtain necessary measurement for positioning injection area of packer over the area to be sealed. B. The packer sleeves shall then be pneumatically expanded and shall seal against the inside periphery of the pipe to form a void area at the joint or defect now completely isolated from the remainder of the pipe segment. C. Into the isolated area sealant materials shall be pumped through the hose system at controlled pressures, which are in excess of groundwater pressures. The pumping, metering and packer shall be integrated so that proportions and quantities of materials and pressures for materials and sealing BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 157 of 173 147 gel can be instantly monitored and regulated in accordance with the type and size of the leak, percentage of voids being filled, type of soil surrounding the pipe and the rate of flow of the sealing get solution in relation to the back pressures. These parameters should follow the manufacturer's specifications and guidelines. D. Upon completion of the injection, the television camera shall be moved to a position to observe and inspect the results of the injection. If inspection shows the seal was not effective, the process shall be repeated until infiltration has been reduced to an acceptable level for liner installation. E. The packer shall be moved forward, wiping away the excess grout. The excess sealing material removed from the joint by the grouting equipment shall be flushed or pushed forward to the next downstream manhole, removed from the wastewater system and disposed of by the Contractor as specified by disposal of debris resulting from cleaning operations. In no case shall excess grout material be allowed to accumulate and be flushed down the system. It is intended that chemical sealing shall be performed on host pipe immediately prior to the installation of the liner unless otherwise authorized by the Project Manager. The Contractor shall notify Supervisor a minimum of 48 hours prior to commencing Chemical sealing operation. The quantity of grout used shall be verified by the Supervisor. G. Any part of the wastewater system damaged as a result of the Contractor's operations shall be promptly repaired by, and at the expense of the Contractor. H. All activities shall be video inspected during the sealing operation. The video shall be submitted to the Project Manager for review and for permanent record. The video inspection shall comply with the requirements of the CIPP Technical Specification Section 2 — Cured -In -Place Pipe. 7.5.4 Cleanup Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed and disposed of by the Contractor at an approved site. Sealed joints shall be left reasonably "flush" with the existing pipe surface. Excessive residual sealing materials in the system shall be cleaned to remove the residual materials. 7.5.5 Disposal Furnish equipment for collection of cleaning solvents used in the cleaning of the sealing equipment. Collected solvents shall be disposed of by and approved solvent recover process. Disposal of cleaning solvents into the wastewater system or into natural watercourses will be strictly prohibited. 7.5.6 Wastewater Flow Controls When wastewater flows are above the minimum requirements or inspection of the complete periphery of the pipe is necessary to effectively conduct the inspection and sealing operations, one or more of the following methods of flow control shall be used. A. A plug shall be inserted into the pipe at a manhole upstream from the section to be inspected and/or sealed. The plug shall be so designed that all or any portion of the wastewater flows can be released. During the inspection portion of the operation, flows shall be shut off or substantially reduced in order to properly inspect the pipe at the invert. After the inspection is complete, flows shall be restored to normal or not more than '/4 of the pipe diameter during the sealing operation. The Contractor will be responsible for preventing backups and overflows. B. Where pumping is required, in the opinion of the Project Manager, to assure completion of the inspection and sealing work, the Contractor will be required to furnish pumping and by-passing equipment. Refer to the requirements in CIPP Technical Specification Section 1(1.07) - General. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 158 of 173 147 CURED -IN-PLACE PIPE (CIPP) TECHNICAL SPECIFICATIONS SECTION 8 — CHEMICAL SEALING OF SERVICE CONNECTIONS 8.1 GENERAL The Work in this section includes furnishing all labor, materials, tools, and equipment for reducing infiltration within service laterals and to seal annular space between liners and host pipes at service lateral connections. Accordingly, the Project Manager will base acceptance of this portion of the work on retesting of the joints sealed and inspection of the joints using remote television inspection. Contractor shall furnish all labor, materials, equipment and incidentals to seal active service connections in those pipe segments having liners installed, as specified and as directed by the Project Manager. Sealing shall be from within the main pipe using a device equipped with a pan and tilt camera and inversion tube. 8.2 PRODUCTS 8.2.1 Sealing Materials A. The sealing compound shall be Acrylic base gel — Avanti AV -100, AV -118, Urethane base gel — Avanti AV -350 or Acryrlate base gel — Deneff AC -400 or approved equal, and shall be suitable for use in domestic wastewater collection systems. Handling, formulation and storage of the sealing get compound shall be in strict conformance with the manufacturer's recommendations. The uncured gel shall be delivered to the site in unopened containers, with the date of manufacture clearly indicated, no uncured gel manufactured more than six months prior to the date of application shall be utilized. Residual sealing materials shall be removed from the wastewater collection system after injection to insure no flow reductions, restriction or blockage occur. B. Avanti Icoset additive shall be added to the sealing compound for gel strengthening. The quantity of Icoset additive will be according to the manufacturer recommendation. The sealing compound admixture shall be adjusted to meet specified viscosity and reaction time. 8.3 SUBMITTALS 8.3.1 The contractor shall submit the following to the Project Manager in accordance with the Technical Specification 01330, Submittal Procedures. A. Gel compounds B. Installation equipment 8.4 EQUIPMENT 8.4.1 General A. Sealing equipment shall consist of two separate pumping systems capable of supplying an uninterrupted flow of sealing materials to completely fill the voids. Pumps, fittings and hoses shall be designed to transport a high viscosity material and shall not be affected by acetone or ketone solvents. B. Sealing materials shall pass from the pumping system through instant reading, controlled flow meters and then through a dual hose system into the sealing device. The device (referred to hereafter as a packer) shall be a cylindrical case of a size less than pipe size, with the cables at either end used to pull it through the main pipe. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 159 of 173 147 C. Generally, the equipment shall be capable of performing the specified operations in pipes where flows do not exceed 25 percent without resorting to any method of flow control. D. Air impervious inflatable sleeves shall be mounted over the cylinder with the ends of the sleeve sealed to the ends of the casting. The sleeves shall be so constructed that they can be pneumatically expanded from the center to both ends. The center portion of the sleeve shall be sealed to the casing by a broad confining band. When the packer is inflated, two widely spaced annular bladders shall be formed, each having an elongated shape and producing an annular void around the confined portion of the sleeve. No sealing device which is expanded mechanically nor where the expansion sleeve is not continuous will be allowed in order to prevent damage to the pipe from excessive amounts of sealing pressures or air leakage in the center area of such sealing device. The sleeve shall be a low void packer. E. Lateral service sealing is accomplished with a "Logiball" lateral packer. The objective of the lateral service packer is to seal the lateral service connection to the main pipe and the first 18 - inches of the service lateral. Laterals can range from 4 to 8 -inch diameter. 8.5 EXECUTION 8.5.1 General Sealing shall be by the pressure grout method. Generally, this shall be accomplished by forcing chemical sealing gel materials through a system of pumps and hoses into and through the joints and other defects of the lateral pipe from the packer within the main pipe. Jetting or driving pipes from the surface that could damage or cause undermining of the wastewater system shall not be allowed. 8.5.2 Grout Mixing A. The Contractor shall mix all grout at the job site in the presence of the Supervisor. No grout will be used on the job which has been mixed off site and is in the Contractor's tank when the truck drives on site. The contractor's personnel shall follow the manufacturer's recommendations for the mixing and safety procedures to protect personnel from any adverse effects of the grouting compounds. Powder and additives shall be added and mixed at rates, which will minimize the formation of lumps within grout tanks solutions. All additives will be thoroughly mixed in the grouting component tanks. B. Prior to application of grout for seal purposes, a pump test will be performed to determine if equal quantities of grout are being pumped from the grout component tanks. Separate containers shall be used to capture the discharges from the grout component tanks. One gallon of grout shall be pumped and the pump strokes shall be counted. If unequal quantities are being pumped, the Contractor shall take corrective action. The pump test shall be repeated until equal quantities are pumped from the grout tanks. C. During the grouting process, the Contractor shall monitor the grout component tanks to make sure that equal quantities are being pumped. If unequal levels are noted in the tanks, the pump test shall be repeated as described above. At the beginning of each day, when new batches of grout are mixed and when grout additives are modified to change gel times, a test shall be performed with quantities of grout to determine the grout mixture gel time. The Contractor shall have accurate scale(s) which shall be used to weigh the various non -water grout solution components. 8.5.3 Lateral Service Sealing by Pressure Grout Method A. Air testing laterals shall be accomplished by isolation of the area to be tested with the lateral service packer and by applying positive pressure into the isolated void area. A pan and tilt camera shall be used prior to positioning the lateral packer. A sensing unit shall be used for continuous monitoring of the void pressure. This sensing unit shall be located within the void area and will accurately transmit continuous pressure readout to the control panel. BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 160 of 173 147 B. Joint testing and grouting for laterals will utilize a "Logiball" type system. The packer ends (and elements, sleeves) shall be expanded using controlled air pressure. The expanded ends shall seal against the inside periphery of the pipe to form a void area at the lateral, now completely isolated from the remainder of the pipe segment. Into this isolated area, sealant materials shall be pumped through the hose system at controlled pressures that are in excess of groundwater pressures. The pressure devise shall accurately show psi to the nearest one-tenth (0.1) pound and shall instantly respond to and record any change in the void pressure. The joint shall be tested with a gauge pressure of one-half psi per foot of depth of lateral pipe as measured by the deeper of the two manholes between which the lateral is located, or a minimum of 4 psi, whichever is larger. The pumping unit, metering equipment, and the packer device shall be designated so that proportions and quantities of materials can be regulated in accordance with the type and size of the leak being tested or sealed, percentage of voids being filled, type of soil surrounding the pipe and the rate of flow of the sealing gel solution in relation to the back pressures. These parameters should follow the manufacturer's specifications and guidelines and be reviewed with the Project Manager prior to the beginning of any grouting activities. C. The test procedure will consist of applying air pressure into each isolated void area. To isolate a void, a lateral sealing packer shall be positioned straddling the lateral. The operator shall insert an inflatable inversion tube and inflate the packer ends to isolate the lateral. Once the designated pressure in the isolated void is displayed on the meter of the control panel, the application of air pressure will be stopped and a thirty-second waiting period will commence. The void pressure will be observed during this period. If the void pressure drop is greater than that allowed in the following Air Test Table, the lateral shall be considered to have failed the air test and shall be grouted as specified herein. D. After completing the air test for each individual lateral specified herein, the lateral packer shall be deflated, with the void pressure meter continuing to display void pressure. If the void pressure does not drop to approximately zero, the equipment shall be adjusted to provide a zero void pressure reading at the monitor. E. An air pre-test is not required for lateral sealing of service connections in main pipes that have been lined, as lateral sealing is required regardless of air test results. Pre and post-tests, and quantity of grout pumped shall be logged. F. Lateral sealing begins if the lateral does not pass the air test as described above. The lateral packer shall remain in position, thus maintaining the isolated void. Chemical grout sealant will be pressure injected through the lateral packer into the annular space between the inversion tube and the lateral pipe. Under pressure, the grout material shall be then forced out into the soil through leaking joints and pipe defects. The amount of chemical grout pumped is based on the number of pump strokes delivered to each lateral. The number shall be recorded on the sealing log. G. Upon completion of the lateral sealing procedure, the lateral shall be air tested to verify the sealing of the connection. The air test will be the same as outlined above. If the sealed lateral fails the air test, the grouting procedure shall be repeated at no additional cost to the City. This BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 161 of 173 141 AIR TEST TABLE Initial Void Pressure ipsil Void Pressure After 30 Seconds 12-11 4.8-4.4 11-10 4.4-4.0 10-8 4.0-3.6 9-8 3.6-3.2 8 - 7 3.2-2.8 7-8 2.8-2.4 6-5 2.4-2.0 D. After completing the air test for each individual lateral specified herein, the lateral packer shall be deflated, with the void pressure meter continuing to display void pressure. If the void pressure does not drop to approximately zero, the equipment shall be adjusted to provide a zero void pressure reading at the monitor. E. An air pre-test is not required for lateral sealing of service connections in main pipes that have been lined, as lateral sealing is required regardless of air test results. Pre and post-tests, and quantity of grout pumped shall be logged. F. Lateral sealing begins if the lateral does not pass the air test as described above. The lateral packer shall remain in position, thus maintaining the isolated void. Chemical grout sealant will be pressure injected through the lateral packer into the annular space between the inversion tube and the lateral pipe. Under pressure, the grout material shall be then forced out into the soil through leaking joints and pipe defects. The amount of chemical grout pumped is based on the number of pump strokes delivered to each lateral. The number shall be recorded on the sealing log. G. Upon completion of the lateral sealing procedure, the lateral shall be air tested to verify the sealing of the connection. The air test will be the same as outlined above. If the sealed lateral fails the air test, the grouting procedure shall be repeated at no additional cost to the City. This BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 161 of 173 141 sequence of air testing, grouting and subsequent air testing shall be repeated until either the lateral is sealed or it is determined that the grout consumption is too high and may result in the blockage of the lateral pipe. The final determination to stop subsequent attempts to seal a lateral will be made jointly between the Project Manager and the Contractor. H. The Contractor shall verify lateral flow after the successful sealing of each lateral. With the lateral packer in position, the inversion tube shall be retracted and air pressure injected into the lateral. Should a pressure build in the lateral and not drop to zero in a few seconds, the packer will be moved off the connection and the connection shall be viewed with a television camera. With the camera viewing the connection point, an attempt will be made to obtain a water flush by the occupant. If no water is viewed during this procedure, it shall be assumed that the building service connection is blocked with grout and the responsibility to clear the lateral will be the Contractor's at no additional cost to the City. The Contractor shall attach a notification form to the door of each home or building for which laterals have been grouted. This notification to the occupant shall state the following: The lateral service connection to: (address) Was grouted on: (date) If any blockage of wastewater flow occurs, please call: Emergency number: (561) 000-0000 Any blockages that occur as a result of the lateral sealing operations will be cleared by the Contractor All activities shall be video inspected during both the air testing and sealing operation. The video shall be submitted to the Project Manager for review and for permanent record. The video shall display at a minimum the date, manhole numbers, footage to the lateral, and void pressure readout. In addition, the data obtained during this operation shall be recorded on a lateral testing and sealing log provided by the Contractor. The log shall specify conditions of each service lateral sealed, break -in-service connection, lined pipe, etc. 8.5.4 Cleanup Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed from the joint and disposed of by the Contractor at an approved site. The sealed joints shall be left reasonably "flush" with the existing pipe surface. If excessive residual sealing materials accumulate in the system (and/or if directed by the Project Manager), the section shall be cleaned to remove the residual materials. 8.5.5 Disposal Furnish equipment for collection of cleaning solvents used in the cleaning of the sealing equipment. Collected solvents shall be disposed of by an approved solvent recovery process. Disposal of cleaning solvents into the wastewater system or natural watercourses, will be strictly prohibited. 8.5.6 Wastewater Flow Controls When wastewater flows are above the minimum requirements or inspection of the complete periphery of the pipe is necessary to effectively conduct the inspection and sealing operations, one or more of the following methods of flow control shall be used. A. A plug shall be inserted into the pipe at a manhole upstream from the section to be inspected, tested and/or sealed. The plug shall be so designed that all or any portion of the wastewater flows can be released. During the inspection portion of the operation, flows shall be shut off or substantially reduced in order to properly inspect the pipe at the invert. After the inspection BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 162 of 173 141 is complete, flows shall be restored to normal or not more than one-fourth ('/4) of the pipe diameter during the joint testing and joint sealing operation. The Contractor will be responsible for preventing backups and overflows. B. Where pumping is required, in the opinion of the Project Manager, to assure completion of the inspection and sealing work, the Contractor will be required to furnish pumping and by-passing equipment. Refer to the requirements of article CIPP Technical Specification Section 1 (1.07) Wastewater By -Pass Pumping. END OF SECTION BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TECHNICAL SPECIFICATIONS Page 163 of 173 141 ATTACHMENT «A THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV ATTACHMENT "A" Page 164 of 173 q* cr W M U 0 a LO z w � w Q � a H E- a O w H U Z U a O LLI Q z Z U J a = a U w ly E- w w w a w � 0 ~ U W LL W LL LL W LL W W � L LLU W Q Q (n = J J J J J J J J ZQ J J W W 0. Of Z Z W p W Q z Z � o Z o o Q N 0 M a M LL C:) U Wok o o a o o o� o w Q 2 W �� N � � v �� Q m Z W � � U w � � � Go Q Fes- � C7 N � LU fq m W � W W m N C7 = ¢ U � 0 m p w O � > Q o w o z a _a a m N H H ¢ a Z p J O a S U S L) JUL � J W CC O ~ J W 0 � � J � O O w a m a z > > > O a x LTJ Q w L L06 p 0 J U Q V Q � W x O Z LU F- m a W N V d' d' Q z M � z a N LU Q W 00 LU J N w ?� U O LU � ? J Q D J OJ mj LU d G C � N LU � W O a a z Q � O C7 W H v� a F- O J Z N U Z Q P z .� LL d � Q c I M = Q E- U r Z Z Z � fn U W U O O Z z o � W Z Q W � a' W U V W H (> Q > � > W O W a co 2 w w a a LU O w Z ¢ a z0 Cl) M z w � � a pW r N � N Z - Z � U En W LL � N Z Q Q Z W W Q v Z � C7 U W � � � a O Z Z Z Z Q W J L N } W � �' i6 Z W Q U I � J Q H � � I'I"I � Q � L J N L W U� W N � c W c J � :.1 � N J W U) o SU' L7 p 0 0� � o � w o � W o � d o� � a N CO OD � J N 00 � N � 2 N CO fn N co � U p J m � LL Li U' W U H Q LU O m Z Q m U N � � N W � N LL z O � Q m U U W W H z } O m � LL Li U' W H LO cr M W U � o o a � o O N Z W � N � 0 O a J HC E < U O U a) b4 Q @ U ¢ 7 N H W � E ¢ Z � ui d 1- W �a � s Q N U � _ c W ea s Z � L U � 4) N W m ui U J W W J �/� 3 f/1 V+ J J Y Z o� Q o W Z G. O Li C U fY W O E � �- o m C� U -a O � C:) Z o O d + 3 a c-0 U a) W Q Y Q O W m � N F- W W 2 Z � W d y � N 3 E 0 0 ¢ LU U O � ° L .� - ¢ Q ' L LLL � c voi a c o O � Z C j N_ O M CC O p O.� t N W �w�/� V! � Y a) U O 0. � N ♦Y O O Q w �a J � LU ui W O -1 00p -a? U o Q m s s � L L) 0 z Cl) �; �� Q O W� O �� O U p � It � _a c d Ui > � M H u_ (6 O L5 2 � Q O � Z w Q L . CC Z O 0. O O � O W w O a) U p O C — _ s •� x U a) M °� a �_ U T� U O U c LU W O a o c O a Q 7 0' �6 � W O p a E L C o � U Ca d a o a p m p � p a) O� Q a _c _ am mo CL c LT� @ o - U C� c W �- ca U) w �� w U pU � O LI! � c O I � ~ � _O � W ui � � � Z � � O (0 Y L N �� U .Q z CD � o U � O c O o � o a ta� s N C � O O L.: U O U U fn � p � � � � 0 U 0 U CL o �°U' � a � U U � w .N U � Z o (D L W N � Z � O s `� N L) a) W '6 O � til L L ¢ J J (n fn m m � @ m o 2 N U O w co Z m O a) O LU QZ * O * m � TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name of Proposer Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV TRENCH SAFETY ACT AFFIDAVITPage 167 of 173 1 r,'�i N SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGNATURE THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT -FINAL TP 4-6-23 -REV SAFETY PROGRAM COMPLIANCEPage 168 of 173 141 In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BOYNTON BEACH BLVD 20 SANITARY SEWER (CIDP) PROJECT - FINAL TP 4-6-23 - REV WARRANTIES Page 169 of 173 141 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this _ day of 2023. (SEAL) ATTEST: Secretary CONTRACTOR: By THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV WARRANTIES Page 170 of 173 141 W � LC w k 2 £ # \ £ k E k \ = f �0 �� \ S \ J \ G e /\ �� @ � \ / 3 _ / j( \ I = u } �/ �\0. \ � k/5 Mc LTJ � � / _ 0 \ / LUI / '\ / 074 e aa./ CU \ § m / ) LU v co //- \ [0 / \ R 4§ f �§ m 9 LU / ¥ \ § 0 2 Cl) 22\ %= w G e o g U - a «0 mk0 /2° j § mR Cl) n=Y a) E_£ Q j C) .(n a) (n E =m moCl) gW n Lu F- y '\/\ �\2 \ \ gN-10 \� 04 ca =fk 4cu / zz\3q\� ®E \ w 00#«m �2 .. U /eE 3 2 ® ® inL E e= o I= / 3 �2L�0 oa3 9E= < m Co E e >2 LL 0 / u 0 « E 3 a) c 4 2 2nf q « 2� 0-0 -F CY zU \ 0 jO / w a) CO \ 2\(L , \ ./ 0— 2 o S C14 cu 2 = E u L) = Z W � E�\ 0 -0E _- 0 0 2k/ { E ) / Q 0) \ \ / 0 o E9 E\ ®of F- � Mn/\3 � $ _r_= \k® u L)\ / m \/§ - / < b== 22 / F- =e U) = 2 < -0%) -0 L) 0)/\ ®m \ > e j m = o e > = e § T- L) < = 0 2 LU E E ) �./ �k) § \ §\/ = c ƒ *00 �& cu U) 7 p OE j\ STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form via Email. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to respond to your RFQ/Bid No. UTL22-013 ITB 01-CIPP2-23 for CURED -IN-PLACE PIPE LINING (CIPP) BOYNTON BEACH BLVD. 20"SANITARY SEWER PROJECT because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT- FINAL TP 4-6-23 -REV STATEMENT OF NO BID Page 172 of 173 IJZd STATE OF FLORIDA COUNTY OF_ follows: He is (Title) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor CITY OF BOYNTON BEACH WARRANTY OF TITLE being first duly sworn, deposes and says as (Name of Corporation or Firm) () Check One which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of 2023. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV ATTACHMENT B 174 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 173 of iq BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV ATTACHMENT B Page 174 of 175 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD IJZd City of Boynton Beach Risk Management Department 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 contractor binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following 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 or lower the stated limits, based upon identified risk,) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED 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 Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV INSURANCE ADVISORY FORM Page 175 of 175 IRA P, 2";2 - cc'—q AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR CURED -IN-PLACE PIPE LINING, THIS AGREEMENT is entered into by and 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, FIL 33435, hereinafter, referred to as "CITY", and GRANITE INLINER, LLC, authorized to do business in the State of Florida, wrth a business, address of 2531 Jewett )...ane, Sanford, Florida 3,2771, hereinafter referred to as, the "CONTRACTOR". The Contractor is retained by the City to perform cured -in-place piipe, fining in connection with the RFQ FOR CURED -IN-PLACE PIPE LIN IING; RFQ No.: UITL22-013, This Agreement applies to the performance of Cured-ln-Place Pope Lining, projects, which are projects, that consist of installing cured -in-place pipe finer using a resin-irnpregnated flexible tube imiethod that is formed to the originall conduit by use of hydrostatic pressure. Rehabilitations wilt be made to, the City's Wastewater arid existing Stormwater Systems, The Cured -Nn -Place Pipe Lining (CIPP) projects shalt be initiated by the City UP0111 issuance of a detailed solicitation and shall Ibe advertised to alI pre- qualiffied Cured -in -Place Pipe Mining (CIP,P) Contractors, As needed!, a Bid will be issued: ouffining the scope of services for specific task(s). The work will be performed on an as -needed basis at various tocations thiroughout the City of Boynton Beach and extended wastewater and storrnwater service area. No project Linder this contract shall require a bid, payment, or performance bond unless specifically noticed un the solicitation Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and a written Notice to Proceed. The award of bid wilt be based upon the pre -qualified Contractor's competitive proposal submittal, Work performed under Rhus Agreement shalt be in accordance with, the follownng Boynton Beach Utilities Standard Contract and Construction documents, 3,1 Request for Qualifications/Brd Document 3.2 Notice to Proposers 3,3 RFC/Bid Forms (inClUding the RFQ Docurnent, Bid, Scope of Service(s), Information Required i of Proposer, and a,il required certificates, affidavits, and other docurnentation, 3A Contract 3,5 Contractor's Performance and Payment Bond 3,6 GeneralConditions for Construction 3.7 Special / Supplementalt Conditions 3,8 Technical Spe6fications 3,91 City Construction Standards and Details (available ontine at: www,bgynton- beach/water, Laiiihes/new-GUIStr UCtk) 1) PM ----------- ------- - -- --------- - ------ 1-- ----- -- -------------------- ---------- 10,IJ Nu U ) t 2:-o[3 Vq)v I mmg M 1545 110 Drawing�s specific to each project 3,11 Addendum No, 1 & Addendum No �11610101=1AZU01:4L Work under this agreement shall cornmence upon written notice Iby the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services, and provide all work products required pursuant to this agreement Upon written notice to proceed, This, Agrearnent shall commence upon Commission approval and shall be valid for an initial terns of three (3) years, The City of Boynton each nliay renew the contract with the same terms and conditilons, for two (2) one-year renewall periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City, At the City's request, the Firm shall continue services beyond the final expiration data as approved by the City Manager or. City Comirnission, Such extension(s) shall not exceed a six-nionth period. Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for Payment / Invoices submitted to the City properly, provided that the total amiDUnt of payment to CONTRACTOR shalli not exceed the total contract price witholut express written modification of the Agreement signed by the City Manager or designee, The City will pay the CONTRACTOR for the performance of the work that is completed to date in accordance with the contract price at the lurnp sum or unit prices presented by the CONTRACTOR and accepted by the City, 6 A The CONTRACTOR may subrrift invoices to the City once per rnont1t) dUringi the progress of the work for partial payment for the project completed to date, Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved, 6,2 Final payment of any balance due to the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainrnent and verification by the City after the cornpletion of the work under this CONTRACT and its acceptance by the City, 6.3 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 6A The CONTRACTOR'S records and: accounts pertaining to this CONTRACT are to be kept avaflable for inspection by representatives of the City and State, for a period of three (3) years after the termination of the CONTRACT- Copies shall be made available upon request, 65 The City may withhold, in whole or in part, payment to such extent as rnay be necessary to protect itself frorn loss on account of; 6,51 Defective Work not rernedied. 6,5,2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR, 653 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 6r5 4 Damage to another CONTRACTOR not remedied, 6,5.5 V.iquidiated, Damages and costs incurred by the City for extended RKI No U] 122-013 Curol h I 111LIVC Pqm", hmnt; it wr'IP 38 1546 construction administration, FAIMIN M ely 07117,71 77117:7 or surety, sausiactTry to will protect the City in the amount withheld, payment may be made in whole or in part, CONTRACTOR warrants all work, materials, and equipment shall be free frorn damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Agreement, The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, arid/or workmanship within twelve (1 2) month period All documents, drawings, specifications, and other materials produced by the Firm in connection with the services rendered Under this Agreement shaH be the property of the City whether the project for which they are made is executed or not, The Firm shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Firm's endeavors. CONTRACTOR shall, in performing the services contemplated by this 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. — 0 11 CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents, and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or, death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR It INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with 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, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured"' and shall include a provision prohibiting cancellation of said po�licy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (1 r) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by SUCII policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying on the competence of the Contractor to design the project to meet its functional intent If it is RPQ No U r 122 Ml, Cmed-b)-rliave Npe I mmp (C'1141� 1547 determined during construction of the project that changes must be made due to Contractor's negligent errors and omissions, Contractor shall promptly rectify them at no cost to City and shall! be responsible for addrtionial costs, if any, of the project to, the proportional extent caused by such negligent errors or omissions The CONTRACTOR and the City agree that the CONTRACTOR 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 ernployer and employee between the parties hereto, Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall riot be responsible for withholdling or otherwise deducting federal incorne tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer' with respect to CONTRACTOR, or any employee of CONTRACTOR. 13, COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has riot ernployed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, 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 sol'ielly for the CONTRACTOR, any fee, cornmission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award, or rnaking 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 If a Contractor is awarded a contract as a, result if this solicitation, Contractor will, if Contractor has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awardled in accordance with the terms and conditions of the Request for Qualifications and resulting award. 11 1 ; I 1 111 I'll 0 . 0 The CONTRACTOR, with regard to the work, perforn-red by it under this agreement, will not discriminate on the grounds of race, colior, national ol 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. 16, ASSIGNMENT: The CONTRACTOR shall riot sublet or assign any of the services, covered by this Agreement without the express written consent of the City. IMM 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, a. The City reserves the right to terminate this, Agreement at any time by giving ten (10) days written notice to the CONTRACTOR, b. In the event of the death of a member, partner, or officer of the CONTRACTOR, or any, of its supervisory personnel assigned to the project, the surviving members of the Ifl t,) Niii I 11 11,22.-01 ; Cwwddi�-Phcc hin I inHig WIPP� In i &-it P-1 CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 19 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, •H 11115! 1111112 1111 R I I I i:i I! I P I I I! I I I I 1 1 !1! 111! 111 1111 1 Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following'. I "NA This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR 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 CONTRACTOR. Sealed documents received by the City in response to an invitation are exempt frorn 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 11'9.07'. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shaW A. Keep and maintain public records required by the CITY to perform the servim 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 frorn 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, Contractor shall destroy all copies Of Such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and R[QNo,IJI,22-0H Is 1549 D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor 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 systerns of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33436 661-742-6061 GIBSON.g �BBFLMS 23, E -VERIFY: 23.1 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, 23.1.1 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 "E -Verify systern" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employer's to electronically verify the employment eligibility of newly hired employees. 23.1 .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 Fµ 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 contracto and S. All persons (including sub.vendo,rs/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. R [ Q N(,) UJ L2 2 - 0 ➢ 3 Cured tn-Phwc hpe hnkng ((11 11) 42 1550 C. The Contractor shall comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility," as arriencled 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, Conti -actor 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 irnmediatejy. Any challenge to termination Linder, 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, By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not or) 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 287135, Florida Statutes, as amended from firne to time. 25. MISCELLANEOUS: 25.1' 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 juirsdiction located in Palm Beach County 25,2 No assignment by a party hereto of any rights Linder 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. 253 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, RFQ No Ut 1,22-00 Cmed 1n41bhkc Pyc t,ming (C[1111a 1551 25.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and Court costs, except as otherwise provided under the indemnification provisions set forth herein above 25,5 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 by CONTRACTOR in connection with this Agreement, 25,6 At all times 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 257 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, 25.8 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 thls, Agreement, and it constitutes the fLJII and entire understanding between the parties 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 CONTRACTOR's bid proposal, this Agreernent shall govern then the solicitation, and then the bid proposal. 25,9 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 Execution 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, 261 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 pool - 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, 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. 26,2 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, 262,1 The abandonment of t'he 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 262.3 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 CONTRACTOR's default is Such that snore 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. kFQ No IJ] 122-013 Cmed InTkice hp c L"mig ((A I'll M 1552 26,2A The assignment and/or transfer of this Agreement or, execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly pemiitted hereunder. 2625 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement Linder any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) 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) clays; 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. 26,3 Remedies in Default, In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, 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 perfomi services under the Agreement, at its own cost and expense 26.31 Upon Such declaration of default, all payments remaining due CONTRACTOR 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 Surety. Thereafter the Surety shall receive monthly payments equal to those that Would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services Linder the Agreement. 26,32 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 sarin, and proCUre the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of sarne to CONTRACTOR and/or the Surety together with the costs incident thereto to such default, 263,3 In the event CITY completes the Agreement at a lesser, cost than Would have been payable to CONTRACTOR Linder 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, 26 15 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR falls 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 ('14) days of the receipt by CONTRACTOR Of Such notice from CITY. R F 0 No U1 122-01 ; Gowd- I n HacQ Veli ^ I in ing (Ct [It' � M 1553 "T greement will taike effect once signed by both parties. Thiis Agreement may be signed by A facsimile signature shall constitute an original signature for all purposes.' IIN 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 ,if which shall be considered! an original on! the following dates. - day of fNA V'1% (4 DATED this -� —1-- CITY YNTON BEACH efftffe, City Manager Daniel Banken, Attest/Authenticated: RFQNoXTL22-013 C'mal-hi-Placc Pipe UniT44 (CIPP) District Manager Title %'.'j %'NATI #It, INLI May 1, 2(102 z Attest/AuthenMtw ,--wi tn e S --s el Cannon 46 1554 NUIM��- Under the terms and conditions of all contracts, leases, and agreernents, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured This is done by providing a Cerlificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance cornpan' es providing insurance coverages must have a ourrent rating by AM Best Co, of "B+" or higher, (NOTE: An inswance contract or binder may be accepted as proof of insurence if Certificate is provided upon selection of vendor'.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the kinits 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.) ------------------------- -.1. --- ---------- —1-- ............ 1---1-----.1 ------ ----------- -------- -- -------- General Liability General Aggregate $ 1,000,000 00 Commercial General Liability Products-Cornp/Op Agg $ 1,000,000,00 Oviners & Contractors 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) $ 5,00000 Promises Operations Undel'grWnd Explosion & Collapse Products Cornpleted Operations Contractual Independent Contractor's Fire Legal Liabilfty Professional Liability AUtOmobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Aggregate - $ 1,000,000.010 Combined Single, Limit $ 1,000,000 00 --- I - — --- — -------- — ---------- -- --- — -- -------------- — ---- — --- — ----------------------------------------- — ----- — --- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be deteirnined Worker's Compensation Statutory Limits Ernpioyers Liability Property� Horneowners Revocable Permit Builder's Risk Installation Floater, Other - As Risk Identified to be determined iNSURAW F AIMSORY Each Accident $ 1,000,000 00 Disease, Policy Limit $ 1,000,000 00 Disease Each Employee $ 1,000,000,00 $ 300,000,0�O LiMits based on Project Cost Limits based on Project Cost Rcu tsed 4f202 1 1555 N� �J' A r,`1#� 1 WMAI, 3, Of NITA This Temporary Authorization is made pursuant to, and in accordance with, GMS FOA001 Limits of AUthodt Prot du 1. ("Procedure"), The undersigned authorizes and appoints the Inkner Area Manager & District Managertosign bid documents, on behalf of:Granite Inliner, LLC, rata to but not exceeding $2M. This authority is subject to the terms and conditions of the Policy, the firmts of authority granted to the Undersigned pursuant to Such Policy, the MA -GD -001 Limits of AuthorityMLMix (Exhibits A & B & C ) and all other applicable GMS policies, Dated: _1_1_2D22_ - Authorizing Individual: 44 Print Name: Denise C. McClanahan Instructions: Form to b This form ma be usgA_12,AI to si mature aerthorjty fc,r a kai0 uIdqdi!m n elerLt(gnic bid_. -L� comments se an executed copy Granite Monagement System (GMS) roan # FOA -F-005 Page I of I Me printed version of this docurnent is uncw trolled, Eflective Date: 12122120 Version No,: 2 The current version is stoped in electronic fomwt, Approved: TreaSLJI'er; VP, General Counsel 1556 w/�rryy IL 8"' •, /,. a�mrWq�rwy,ywy wry,, �r.�y Wr.}i ..,,. ( � ; '4�F m" , W✓A' M1r+° droa s�M� LP MtwR �i,�m +wfl bwd 'Mmn' w�w�m ' dL�00 vq N^ u Q 7 , L3. Kms; C14 Ol ....... _.. ..., ... ..w.._ ca tl")6 LL�u $ LL U. LU Ali 94 CD All 0Ell r 9nwy 04 all wr.,. La ui r LU ae uj r ., i r LLI Wm m IZ CL to uj LQ Cfi :u uj �4&� q e � f b � C Ci 2 (14 �7 �� alk h A�co µul LL 1557 P., P�W J�CDCO V' . " N 4)ff co75 LU OL C� E NU*)�"" r 64 IS NU u w 0G lip UT 0 OD y". ..... IL � + a ��h a � h� to "w „ V ( Y I 0 a p ICDA M iL; ry v �U CL 0 v A 4 I= ° 3 ' 0 M LU ad m m� p sR °, aC _0 A Tj cs LY %/ i, v 05 Ef (.r & 2 k C) y w $ cn im„mom ��...w_.. LIL qu M no �17 s 1558 E2 On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR,S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards, Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors, The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS, Inliner Solutions, LLC Name, poser os7erZE- P I Auth Name signature of Proposer Daniel Banken, Area Director *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADING& Description Unit Quantity Unit Price Extended Price Method NtA- IJIIS MI 1S TRE SUBMITI'I'll) ALONO WI I'll PkOPOSAI. IN'(WDI'k FOR PACKA611 10 RL ('()NSII):k 1) I F COMP111-11: AND ACCIA' I'Alflrl' BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV TRENCH SAFETY ACT AFFIDAVITPage 167 of 173 1559 M Safety is a high'priority in the conducting of business in the City of Boynton Beach, Preference shall be given to contractors with an established safety program following O.S,H,A, guidelines, and documented results establishing a safe working environment, 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form), The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract, 3, The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. UTRr StGNATURE J JZIP-0 Daniel Banken, Area Director 1- 111 S I I A ( j F %4 t S1' 111 1 : B NI -11 -1 - 1) A 1, ON ( i IA ' I] I I II R 0 f 10 SA I IN 0 R I ) ER 1 0R R 1) N CKA ( i I " 10 B1'. C ONNS I I ) 1 :1 R I I COMPI-F. FF AND A('('I I'I'AH1.1:1 BOYNTON BEACH BLVD 20 SANITARY SEWER (CIDP) PROJECT -FINAL TP 4-6-23 -REV SAFETY PROGRAM COMPLIANCEPage 168 of 173 1560 In consideration of, and to induce the Award of THE CITY OF BOYON EACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: I The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications', and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like, and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314: and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; Such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness-, and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty-, and I I WS 1111NOEWJS I M: St BNIFITED ALONG WITH ['ROPOSAf IN ORDI , R I"Ok I'A( KAOF M 10%C ONMI)LRID COMPITTF AND ACCI 11-1ARIT BOYNTON BEAC[i BLVD 20 SANITARY SEWER (CIPP) PRO J ECT- FINAL TP4-6-23- REV WARRANTIES Page 169 of 173 1561 M That it is an express condition of this TVarranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City, 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. 'ed on this day of April ,2027— %-0%"z' C, (SEAL) LU: LU.-* % ATTEST, SecretarY Edna Tinis, Proposal Coordinator CONTRAC' R i iner S u ns, LLC By.7t� Daniel Banken. Area Director TI IIs PAG I ; Mt If ST BF, SUR M I 1"IT D ALONG WICII P ROPOSAI IN ORD I ' k FOR 11ACKAG1,1 TO M, C(MSIDERI 1) COMPIT'll: AND ACCITTARIT BOYNTON BEACH BLVD 20 SANITARY SEWER (CIPP) PROJECT - FINAL TP 4-6-23 - REV WARRAWIES Page 170 of 12 1562 m I M 9 w M, row L -, ZZ 1563 Ln Ull ( I Cl) TI 0 0 d c Lo O� 0 .4 U-) 'T CN N 4T mN U') N 0 Ln(o CD CD N Ci tJ 0 U) Zit < cc L) < X 0 ui Uj LL U) T _j Lu CL< .e I I CL z < z F- Z ) _j U) LLJ 0 L) Lij Wf 0 < LIJ > Co LJ.J -i F- m I M 9 w M, row L -, ZZ 1563 STATE OF FLORIDA COUNTY OF Seminole Daniel Banken being first duly sworn, deposes and says as fo,lkym: He is Area Director Infiner Solutions, LLC (T 1) (Name of Corporation or Firm) a Rorida Corporation a Florida General Partnership a Florida LimitrtnersNp a Sole Proprietor Check One C --J which is named in Construction Contract dated the 7th day .............. . 20 23 , betvmen such corporaUon as the CONTRACTOR and the City of Boynton Beach, Rofida as the OWNER, for the construction of Inliner Solutions, LLC and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached FinaI Application for Payment 04/07/2023 dated passes to the Owner at the time of payment free and clear of alt liens, and all laborers, material men and subcontractors have been paid for performing or furriishing the work, labor or materials upon such Contract wod( covered by the aforesaid Final qAli bn6for Zent, G This statement under oath is given in wnpliance with Se n 06 o W S �Pes -�7 a en Affiant Sworn to and subscribed before me this Area Director Lth_day vµM2023. Notary Public, State of Florida at Large My Commission expires: (--.A (SEAL) EDNA V. TIN!$, END OF WARRANTY OF TITLE BOYNTON BEACH BLVD 20SAWTARY SEWER (C3PP) PROJECT - HNAL TP", -23 - REV ATTACHMENT B Page, 173 of 174 iti LF -1, AWW RD 1564 BOYNTON BEACH BLVD 20 SANITARY SEWER (CIDP) PROJECT - FINAL TP 4-6-23 - REV ATTACHMENT B Page 174 of 175 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 1565 DATE fMWDDNYYY) CERTIFICATE INSURANCE , 23 M4w1K1*1zi1zP�41At "T r ^� r . • a a w ,� z , Y v r. ; , ,;x + ��s c , a.. c, a . n a 9 a.; ,r, , „ a v. »ILI.: a. PRODUCER arm Saw PHONE 602-707-1931 A Alliant Insurance Services Houston, L CCS 9,.,_..._w 6444 Westheimer, Suite 900 �µ .; N3mmk&Fame Houston, n, T 77056 INSURE S_AFFORDING Ca!FAE E M INSURER A: Tlwa mh Im'aLaram Commpany w.w.___......�..._...__.�......... _ __ ._...www.... INSURED INSURER 8I TAadInlin r olutions, Inc INE4FN2EI2 XL. Specialty Imaaak�amca Comrupany 4620 and 4804 N State Road 7 $NEUREN D _.......... _ Orleans, IN 47462 INSURER Ea INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TN11E IS TO CERTIFY THAT THE I' OUCIEE OF INSURANCE URAaN+FCE IEPEITEIC E LLWV HAVE BEEN MSUEIE TO THE gNSURED NAMED BOV FOR THE P b'UCY F^ ,MOD INDICATED, NOTWITHSTANDING G N„NY REQUIREMENT, TERM CPT CCNCITICAN OF ANY CCINITRAC"I" EDIT OTHER DOClUMEN'T TH HESPEC,T`'T.IC WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PELIFTTTRIEN,'THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUIBJECT, TO ALL 71-4E TERMS, EXCLUSIONS AND CONNUCIT"ICANFE OF SUCH POLICIES. UMITS SHOWN MANY HAVE BEEN REDUCED BY EDAM CLAIMS, .... M _,.,..... — — AI'AUL SU _..__....,_w..,..,._.w, .... POLICY '. pp. POLICY EXP ....._, wY.TFN TYPE FINSURANCE.NNNSR wVD POLICY N NUMBER! NNN CLAW � Ri!IYY� N! _ LN X. COMMERCIAL GENERAL LIME _w�_ .. EACH CR:r4. RRENBCP: w. _ ED6�"NLkM! �E Ers a�ww H mm w 2 MED EXP (Any We k*F%aanr) 10,000 ACN2DT 0 10 0112022 01120 PEOASONPAL A ADV NkWAA,AIY E 1 GENk"L oAr,(.'4 PEGAT E LAMIT...�..,,,_LEE F ELa, GENERA, AGGREGATE 2,000,00 AIMICY � PRO-[ LGAC � �� ... .........� -.............. _. ,..,..... .......... .. , ,,,,,.. ..-...-.. NNLd'ALNLUL"T E ., &� A LELL 2„ , d ANNEEA LTN@1N'IF LIFE,... .. _ ..., .._, AUTOELIA CC UNNEU.1"'TaUNTExLEU;TP_..-......_....._......, C;EN aflUkN 200R0i _.. 2 ANY AaLArO EL; CKYp INAPI Yv (Fl w` pwam up $ A ALATNOYMEC ECNNNECLACEEV 07 221141 0112022 0112024 PP"„bll"GNL Y 4@'dALAPA"N QFww WJda AI ILT A4,NTL HREC AALRr0S1 NONE D w ONLY AnUAT'CE Par mraAdawruN 2 2 UMBRELLA UA Ua CACCCAA IEAACMP L'8C4„;UFFEENLCN1°, B E EXCESS B C LAMS � MDE Various 102022 61V AA„E?FOEEAATE 148A000m000 PNET"ENCEgN tel, ._.. _. ,�E.,,....., Cmµ LAEI) _ ..,...... _.._.... �.P.,,,, C OFMCd1"" MEMBER NlllC�dEN}CL'CLN"GNWAE � '9 14 '9A2�'2 Q1A22A "T Aa7W,k"L:P4CCL.NPTFNU"V' g 'k PKW ANY m 2 'L E P AA. NE (Mandatory hw NN) E,L DI ES 'E - EEAa EMPLOYEIE 2 1 � E L . CASEA SEAL &L YM. . VNggma Lruaaar!alam TN ECEPIEi 6LbN'L OFGCpE,E�t 10N'! Naaalmww k PPMNICT E P 00tH„004 DESCRIPTION OF OPERATIONS A LOCATIONS S I VENINCLEE (ACORD 101, Additional Rwnarks Schedule, may be attached 0 mate apace is , Wrad) The aw am awrow of tram a2 SNA a a'ex wamuaa Y.w. .._ P ,401 WE"- -M $slam a LdaYnWk@C Baa: 2?2' 33- a I`�L„ � i !. Par 0 E w. CG 000' "4111,. A. ar 150 F'a�nrr CA4A0.'MI I aAA.pti Y rnedd i�r�wed as '4 pPaaaraaua 4 X%Ui 1 1V 1N. TA I= Vee ak w Cav nsa'Adda aaw7 adtt4110.vtvrdafl crwcaa nanuNar f8na &santlbam stovo to aaw9y drwun Ayr reoayymGaaarod kwmad,9m cmrcud'awA. CERTIFICATE ATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P E EXPIRATION DATE THEREOF, NOTICE VIALL BE DELIVERED I Inliner Solutions, LLC ACCORDANCE WTTH THE POLICY PROVISMS, 2631 Jewett Lane AUTHORLUD REPRESENTATIVE Sanford, FL 22771 • I` a N ACORD name and logo are rogistered marks of ACORD 1566 00 q . f B(�vnton Beetch Risk Management Department INSURANCE ADVISORY FORM ['ndei lite terms, and conditions ol'al[ contract,, icaics. and clic Cita requires appropriaLe coveravclisting the Cit� offioyntim Beach as Additional Insured. -1 his i,,., done h� providing, a CcrtificaIe oflnsurancc listing, the (Jl\ as "Ccrtificate 11okler" and "The Chof Boynton Beach is Addiiional Insured as respect to cm enqzes noiled," Insurance coinpanics providing insurancc cmerages must have a current r',iting h% A -M. Re� t Co, of' -W-- or higher. (,\O/k: Ao insuronce cwitract or hinder ma,V he a Cc el)tcd as pl-o of o/ insarance if , erlificoh, 1.s prm'idcd Upon sciec lion of vcidfw ) I'lle ('611(ming, is a list ofls pes ofinsurance required ofconnactors. lessees, etc- and the linlits required llv 1he (Jt\ (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------- ............. ------------------------------------------------ IV LPF, (Occurrence Based OnlIN NUNINIUM LIMITS REQ ARED ('Teneral IJahihLN Generai A,-�4m-,atc '000,000,00 (;ommeicial General Liahillity Producl,-CompJ)p Agg. 1.000,000ji() Owners & ConiraLk"'S PY0[CCiiVe (0(1'Y Personal & /%(I\. lnput-N S I AshcsLos Ahatcruent I .ach Occul rence S i M00,000,00 Lead AhaterTient Fire, Damage (an\ one Ili re)�10,00(11�00 Broad Form Vendors Mcd. Expense (any one persm`o (10. I'VeMiSCS ()I.-M-aLi0t1S F.Npi6sion & Collapse Pt'OdUds UOITIPICtCd Orlet'<diollS ("ontractual frideperident Coritnictors Fire Legal Liabiht\ Professional I iahillitN Aummohile Liandity Any Auto All ()sNncd Aulos I lited Autos Non -Owned Autos 1�,\Ccss Liabilit I 'a1hrel la Forin Worker's CornpensaOon Stalutory Lirnits Ag"t-C,11,1W - S 1,000,000-00 Conihined Single Limit Each Occurrence to he determincd to be &tcrmincd ---- F aiployer's Liabilit% kach Accident S I Jo)0J)0()J)() Disease. Policy Limit S 1 .000.000 00 Disease Lach I mplw, cc S, 1,000.000.00 --------------------------------------------------------------------------------------------------------------------------------------------- Property ffomeosvners Revocahle Pennit 300,000,00 Builder's Risk Litnils hased oil Pro iect ('oast hls£allation Floater I , i 11) i t S based on 11rqjvCt Cost --------- — -------------- — ---------------------- ............. . . ----- - ----------------------------------------------------------- Other .. A,, Risk ldctififled to be determined INSL�R A NCI IADVISORYF ORM Rce ised 042'07.1 BOYN"rON BEACH BLVD 20 SANITARY SEWER (CIDP) PROJEC-T - FINAL TP 4-6-23 - REV 175 INSURANCE ADVISORY FORM Page 175 of 1567 -1 he City of Procurement Services 100 E. Ocean Avenue BoYnton Beach, FL 33435 A 0. Box 310 Bqvmon Beach, Florida, 3342.5-0310 Telephone: (561) 742-6310 UMNOWATI; ulel-IMAUKOMN1114 • "Boynton Beach Blvd 20" Sanitary Sewer Project" Based on RFQ No.: UTL22-013 Pre -Qualified Contractors for Cured -In -Place Pipe Lining (CIPPy, RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Daniel Banken Area Director PRINT NAME OF REPRESENTATIVE Inliner Solutions, LLC VAilf,_ • �IMP.N, 01-CIPP2-23 - BB Blvd 20" Sanitary Sewer '§IGN' 4-"f A'-. " W V� i _E 04/07/2023 Page 12 1568 The City of Boynton Beach Procurement Services 100 E. Ocean .4 venue BoVnIon Beach, FI 33435 P. O. Box 310 Bqynton Beach, Florida, 33425-0310 Telephone: (561) 742-6310 "Boynton Beach Blvd 20" Sanitary Sewer Project" Based on RFQ No.: UTL22-013 Pre -Qualified Contractors for Cured -In -Place Pipe Lining (CIPPy Inliner Solutions, LLC IM -11 MItff*_Tdr*T6I_IT, 1,21TUT Addendum No. 2 - 01-CiPP2-23 - BB Blvd 20" Sanitary Sewer §lGRA_T__' tJFREPRESENTATIVE""__ mom A=4 1569 The City of Boynton Beach Procurement Services 100 E Ocean Avenue Boynton Beach, FL 33435 P. 0. Bax 310 Boynton Beach, Florida, 33425-0310 Telephone: (561) 742-6310 qAU1)q;VL;Vk&41W. pipm,] __ "Boynton Beach Blvd 20" Sanitary Sewer Project" Based on RFQ No.: UTL22-013 Pre -Qualified Contractors for Cured -In -Place Pipe Lining (CIPPy Daniel Banken, Area Director W.41'kOf Inliner Solutions, LLC NAME OF COMPANY Addendum No. 3 - 01-CIPP2-23 - BB Blvd 20" Sanitary Sewer SIGNATURE 0 PRESENTATIVE . ..... 04/07/2023 517-1w Page 12 1570 Commission Meeting Date: 05/16/2023 Purchase Order for 8 -inch Sanitary Sewer Repair. Requested Action by Commission: Approve a Confirming Purchase Order for $297,352.00 issued to Johnson -Davis Inc., for the emergency repair of an 8 -inch gravity sewer main. Explanation of Request: A ruptured 8 -inch gravity sewer main was determined to be cause of a sinkhole at 92058 Greentrail Dr. The break in the gravity main was discovered on March 14 and was located between two residences at a depth of 15 feet. The scope of work included removing a portion of privacy wall in order to position equipment needed for the repair. The pipe rupture could have potentially caused severe damage to the residences if not addressed immediately. The work was completed as an emergency repair. On April 5, 2022, the City Commission approved a one (1) year extension for Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater, Bid No. 019-2821-19/IT for the renewal term of May 8, 2022 to May 7, 2023 with an annual estimated expenditure of $500,000. Two (2) vendors are approved as part of the Bid: Madsen Barr Corporation and Johnson -Davis, Inc. and will be completing work under an executed purchase order with the City's contractual terms and conditions. How will this affect city programs or services? Approval would allow the contractor to be paid for emergency services rendered. Emergency repairs were necessary to avoid damage or undermining nearby residence structures and restore uninterrupted sewer services. Fiscal Impact: Funds are available in the budget in account 403-5000-535-65 04 SW2302, the fiscal impact of the emergency repairs is $297,352.00. Attachments: Requisition.pdf Memo.pdf Commission Agenda.pdf Emergency purchase req..pdf Renewal term.pdf 1571 Date: 4/20/2023 Requesting Department: Explanation for Purchase: CITY OF BOYNTON BEACH REQUENST PURCHASE 'SSE E,$10v000 Utilities-WWC Contact Person: Tremaine Johnson/MR 8" Gravity Sewer main emergency repair — Confirming PO at 92058 Greentrail Drive. A ruptured sewer gravity main was found to be the cause of a sinkhole. The ruptured pipe could potentially cause severe damage to the residences if not addressed immediately. Commission approved one-year extension 04/5/2022 for repair and emergency services Bid No. 01-2821-18/IT renewal term 05/8/2022 thru 05/7/2023 Recommended Vendor Johnson -Davis Inc Dollar Amount of Purchase $297,352.00 (Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other F Contract Number: 19282119 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 40350005356504 SW2302 Approvals: Department Head Purchasing Finance Date Date Date Form Revised 5/12/2022 i, 1572 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 04/2012023 1 H.T.E. REQUISITION # 83703 Melissa Roberts MMR Finance Coordinator Procurement Ass't: Director: City Manager (non budgeted ca aital and/or $5000+�: REASON FOR PURCHASE: 8" Gravity Sewer main emergency repair — Confirming PO at 92058 Greentrail Drive. A ruptured sewer gravity main was found to be the cause of a sinkhole. The ruptured pipe could potentially cause severe damage to the residences if not addressed immediately. Commission approved one-year extension 04/5/2022 for repair and emergency services Bid No. 01-2821-18/IT renewal term 05/8/2022 thru 05/7/2023 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Johnson -Davis Inc Admin. ( ) Date: 04/20/2023 1 ASAP ( ) Address: 604 Hillbrath Drive Engineering ( ) Date Needed T Confirm. (X) i Lantana, FL 33462 Cust. Rel. O ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): 561-718-4531 Water Qual. ( ) Quotes/Verbal ( ) E. Admin. 40 (X) (over $500) Pumping ( ) Quotes/Written O E. WTP 41 ( ) (over $2000) Vendor Number: 4397 PWTreat. O Bid Docs. O W. WTP 42 ( ) Meter Serv. ( ) Sole Source Ltr. ( ) PIU 99 ( ) INITIATOR: Tremaine Johnson, Manager Sewage (X) Insurance ( ) Special Instructions: Field Operations Ree uirements: APPROVED: Strmwtr. () Project Number: SW 2302 Quan Unit Price Description & Part Number Fund „Dept Basic Elem Obi Amount 1 $11750.00 GENERAL CONDITIONS 403 5000 535 65 04 $11750.00 1 $54000.00 WASTEWATER .. 403 5000 535 65 04 $54000.00 _.1.._... ......................... $26190.00 ......... ......... RESTORATION 403 5000 535 65 04 $26190.00 1 $11,7500. BY-PASS PUMP SET UP WITH BY-PASS 403 5000 535 65 04 $11,7500. PUMPING 1......... ._....$33,000 ........ ._ ..WELL POINT SYSTEM AND...DE... ..............40......... 3 ... 5000 -5,. 3-5- 535 ......�....�..w.w..w. 65 04 ............ .... $33,000 WATERING 1 _.......... $4130.00 _ ..........- ............... .. ........ w, wwwwwww .. _ IMPORTED BACKFILL & REMOVAL OF 403 5000 535 65 04 $4130.00 IN-SITU MATERIAL 1..... $23,750 ..... . REMOVALN CONCRETE 403 5000 _ .... 535 w. 65 _. 04 $23,750 WALLMAN MANHOLE RE REHAB 1......... $27,032 TOTAL 10% ALLOWANCE"....--- .... 403 5000. 535 65 0 04 $27,032. L........ ......... ............TOTAL ......................... ........ .... 4.03.. 50.0.0.. ......535.....__- 5....... .04.......$297,352.00 1573 The Ei o ]3o nton Beach BOYNTON BEACH UTILITIES 124 East Woolbright Road Boynton Beach, Florida 33435 Office.: (561) 742-6400 Fax: (561) 742-6298 Website: u)ww.boynton-beach.org MEMORANDUM TO: Mara Frederiksen, MBA, Director of Financial Services Corinne Elliott, Deputy Finance Director Kristeena Pinto, Purchasing Manager FROM: Poonam Kalkat, PhD, Utilities Director Christopher Roschek, PE, Deputy Director, tilities Operations Tremaine Johnson, Manager, Field Operations DATE: 03/14/2023 RE: Emergency 8" Gravity Sewer Main Repair Utilities would like to utilize the Repairs and Emergency Services Bid No. 019-2821-19/IT contract to address an emergency at 92058 Greentrail Drive. The ruptured 8 -inch gravity sewer main was found to be the cause of the sinkhole at the address. The break in the gravity main is located between two residences and at a depth of 15ft. A scope of work involves removing a portion of privacy wall in order to position equipment needed for the repair. The pipe rupture could potentially cause severe damage to the residences if not addressed immediately. Utilities is requesting issuance of a Emergency/Confirming Purchase Order in the amount of $297,352.00 to the contractor Johnson -Davis, Inc for the repair work. America's Gateway to the Gulfstream 1574 5/17/22, 8:31 AM Coversheet 7.D. Consent Bids and Purchases Over $100,000 4/5/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 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 April 5, 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 SOLICITATION RENEWAL AMOUNT NUMBER TERM Annual Madsen Barr Corporation, Repairs and Emergency Services for Water Bid No 019- May 8, 2022 - Estimated Johnson -Davis, Inc. Distribution, Wastewater Collection and Storm Water 2821-19/IT May 7, 2023 Expenditure $500,000 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. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D , ac 1°iottx;,M, t D lteel:::nent D , ttaoc hrneM Description Bid Extensions and Piggy -Backs over $100,000 Renewal Interest Letter - Madsen Barr Corporation - 2022-2023 Renewal Interest Letter - Johnson -Davis, Inc. - 2022-2023 https://boyntonbeach.novusagenda.com/AgendalntranetICoverSheet.aspx?ltemlD=12762&MeetinglD=435 1575 EMERGENCY PURCHASE REQUISITION /CONFIRMING PURCHASE ORDER This form is to be used: when the User Department Director has already ordered the goods and / or services from the vendor, and is requesting the concurrence and approval of the Director of Finance and City Manager. DEPARTMENT: Utilities DATE: 3/14/23 -------------w.,,_ REQUISITIONM.._a_.M._._._. __....,_ .M.M...M..M...,.. ... ........,,.. _..._,....M._M.__�wIT... # TOTAL AMOUNT: $ 297,352.00 VENDOR NAME: Johnson -Davis Inc. DATE ORDERED FROM VENDOR: DESCRIPTION OF GOODS / SERVICES ORDERED: Repairing 8" gravity sewer main STATEMENT OF CIRCUMSTANCES: (Explain why the procurement could not be done through normal channels and the consequences if action had not been taken. Please provide all facts Impacting the decision.) A ruptured 8 -inch gravity sewer main was found to be the cause of a sinkhole at 92058 Greentrail Dr. The break in the gravity main is located between two residences and at a depth of 15ft. A part of the scope of work involves removing a portion of privacy wall inorder to postion equipment needed for the repair. The pipe rupture could potentially cause severe damage to the residences if not addressed immediately, AUTHORIZED DEPARTMENT HEAD SIGNATURE: ACTION BY DIRECTOR OF FINANCE: qj Concur with Emergency / Confirming Request; issue Purchase Order. j� Non -concur'* with Emergency / Confirming Request; issue Purchase Order. (Audit justification is the responsibility of the using department.) E] Approved by Finance on Director of Finance *Reason for non -concurrence: Date 1576 The City of Bo nton Beach March 4, 2022 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 BID: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No.: 019-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and Johnson -Davis, Inc. AGREEMENT RENEWAL TERM: May 8, 2022 — May 7, 2023 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) JOHNSON-DAVIS, INC. NAME OF COMPANY Firm . _C l iirll . QCygr NAME OF REPRESENTATIVE (please print) 3/07 /2022 DATE.......® — wµ_._._._. _ .... _....... � .. �. E-MAIL SI Es iir a'fing I Mja L _ ,,....... _..........._.._. TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 1577 7.E Consent Bids and Purchases over $100,000 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Resurfacing and Traffic Calming on North Railroad Ave, NE 11th, 12th, and 13th Avenues. Requested Action by Commission: Approve Task Order 158 with Atlantic Southern Paving in the amount of $337,382.70 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) Bid No PWE22-008, awarded by Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to NE 11th Ave, NE 12th Ave, NE 13th Ave and N Railroad Ave between Seacrest Blvd and the FEC Railroad. Explanation of Request: In 2019, the roads in the Happy Home Heights and The Meeks and Andrews Addition Neighborhood shown on the attached location map (NE 11th, 12th, and 13th Avenues between N. Seacrest Blvd and N Railroad Ave, and NE 1 st and 2nd Streets) were inspected by staff and assessed a road condition grade of "D." Additionally, in February 2023, staff received a Drive Safe Boynton Application for NE 11th Ave. Based upon this application and the road rehabilitation that was planned, Staff evaluated and designed the traffic calming for the entire project. The proposals received, in accordance with PWE22-08, the pricing is: • $337,382.70 - Atlantic Southern • $355,508.04 - All County Staff recommends Atlantic Southern in the amount of $337,382.70. How will this affect city programs or services? This work will restore the roadways to a like new condition and end the calls requesting pothole repairs from the residents. Facilities - Street Maintenance will no longer need to patch potholes. This project will also address a Drive Safe Boynton Application for Traffic Calming. Completing this project will be a great improvement for the neighborhood, slow motorist down, and improve safety for children in the neighborhood that walk to the neighboring school. Fiscal Impact: This item is budgeted. 1578 Attachments: Location Map.pdf Proposal -ASPS Rev 4.20.23.pdf Proposal All County Rev 4.24.23.pdf 1579 N m 1 ) Q N N O U Gateway Blvd Project Site NE 13th Ave a NE 12th Ave ii NE 11th Ave Lnrn 0 a' cn Ocenii Ridg e m - o Boynton Beach Blvd Boynton U BeacVi m U f6 O r U a Woolbright rd LL rn < Golf Rd 3+:,If N w Gulf Siietim 0 U a f TASK 158 - NE 11th, 12th, & 13th AVE - Happy Home Heights Subdivision 1580 Mill and Pave Proposal City Of Boynton Beach Public Works Carl Frumenti Project: NE 11th, 12th,13th, and N Railroad Ave / Task 158 NE 11th, 12th,13th, and N Railroad Ave Boynton Beach, FL 33435 ATILANTICSOUTHERN Irl {�,IIPiG baali`JI[,V L( nD'41,15 Rich Atzert Account Manager Page 1 1581 Your Pavement Contractor Company Info ATLANTICSOUTHERN PAN114GAND SEAL OAN',tG Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 P:954-581-5805 F:954-581-0465 http://www.atianticsouthernpaving.com About Us Contact Person Rich Atzert Account Manager Rich@atlanticsouthernpaving.com Cell: 954-299-6114 Office 954-581-5805 We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified Contractor Page 2 1582 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas ar1awrIC}SOUTHERN MOT 1. Item 5 - Type 11 Barricades 60 @ $5.00 each $300.00 2. Item 16 - Message board (4) 7 days @ $27.00 per day $756.00 3. Item 20 - Flagmen 432 hours @ $26.25 per hour $11,340.00 Total Price: $12,396.00 Concrete 1. Item 145 - 4" concrete replacement 1,018 SF @ $7.50 per SF $7,635.00 2. Item 147 - handicap mats 2 @ $250.00 each $500.00 3. Item 134 - F curb 30 LF @ $50.00 per LF $1,500.00 Total Price: $9,635.00 Base Repair 1. Item 23 - remove unsuitable material 66 CY @ $30.00 per CY $1,980.00 2. Item 48 - 6" limerock 327 SY @ $15.00 per SY $4,905.00 Total Price: $6,885.00 Mill and Pave 1. Item 72 - 1 1/2" asphalt 1,543 tons @ $130.00 per ton $200,590.00 2. Item 88 - 1 1/2" milling 18,367 SY @ $3.60 per SY $66,121.20 Total Price: $266,711.20 Page 3 1583 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas ar1awrIC}SOUTHERN Speed Humps 1. Item 97 - speed humps 6 @ $4,000 each $24,000.00 2. Striping and signs are included in unit cost. 3. Item 20 - flagmen 100 hours @ $26.25 per hour $2,625.00 Total Price: $26,625.00 Page 4 1584 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas ar1awrIC}SOUTHERN Striping and Signs 1. Item 111 - 24" white 197 LF @ $10.00 per LF $1,970.00 2. Item 102 - 6" yellow 600 LF @ $1.80 per LF $1,080.00 3. Item 121 - yellow RPMs 60 @ $15.00 each $900.00 4. Item 123 - single post and sign 11 @ $370.00 each $4,070.00 5. Item 124 - single post and two signs 1 @ $495.00 each $495.00 6. Item 127 - street sign 20 @ $125.00 each $2,500.00 7. Item 116 - MPH 25 Stencil 2 @ $250.00 each $500.00 8. Item 103 - 6" white 575 LF @ $1.80 per LF $1,035.00 9. Item 112 - arrows 2 @ $88.00 each $176.00 10. Item 108 - 12" white 45 LF @ $6.10 per LF $274.50 11. Item 125 -double post W1-6 2 @ $495.00 each $990.00 12. Item 126 - case sign and post 3 @ $280.00 each $840.00 13. Item 122 - W/R RPMs 20 @ $15.00 each $300.00 Total Price: $15,130.50 Page 5 1585 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas APATV 1,1,AI ,NTC5SOUTH E G A N 1 A I I N RN G Speed Humps Exhibit TASK 158a - NEI Ith Ave, - Spd eed Humps -(2 Hump locations) 1 01 t Page 6 1586 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas ar1awrIC}SOUTHERN Exhibit m 1 016 Notes: Page 7 1587 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas ar1awrIC}SOUTHERN Exhibit IN Notes: EM Page 8 1588 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas ar1awrIC}SOUTHERN Exhibit north l /y r ti� �Yl1�ly1 i �LLX I� I rn4f , e F ivr�,� "�anwn 1 @1H of Ww �.ROf TASK 15 - NE 11th, 12th & 13th >t - Happy Home Heights Subdivision mulmw/m/m/111/1 Notes: Page 9 3 N� . 3of5 1589 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas APATV 1,1,AI ,NTCSSOUTH E G A N 1 A I I N RN G Exhibit im . ...... . . . ..... . ROAD EDGE REPAIR DSAL TASK 158 - NEI 1th, 12th & 13th St-Happv Home Heiahts Subdivision-, Notes: 4 of 5 Page 10 1590 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas APATV 1,1,AI ,NTC5SOUTH E G A N 1 A I I N RN G N* Re,pace ext hi DO NN I�Mec Signs enth new Do Not IEntu Sqns 6' schd WhAe �)WWI'Ifhrl (IF1,111) ............. N I " I I i Rep,,m 3W'.it) p,5IVwq rc,(,Y, PI i onuple TASK 158 - NE 1 1th 12th & 13th St - H .. . ........... .. ... ... ........... .. . ....... j ... .. .... ... . ... ... .......... -,rr--x ..... ..... .... -....2 ...... Exhibit I of I Notes: Page 11 1591 Price Breakdown: NE 11th, 12th,13th, and N Railroad ATiLAwrC}souTwa Task 158 Please find the following breakdown of all services we have provided in this proposal. This proposal originated on March 01, 2023. Item Description Cost 1. MOT $12,396.00 2. Concrete $9,635.00 3. Base Repair $6,885.00 4. Mill and Pave $266,711.20 5. Speed Humps $26,625.00 6. Striping and Signs $15,130.50 Total: $337,382.70 Authorization to Proceed & Contract The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed, this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. The parties also acknowledge that the time for performance of the work may be impacted by market conditions beyond contractor's control in which event the contract time shall be extended. Please see all attachments for special conditions that may pertain to aspects of this project This price of this contract is based upon completion of the work within thirty days from the date hereof, thus the price is good for a period of up to 30 days from the date listed herein. If the work is not completed within thirty days, and the contractor experiences price increases for materials in excess of those upon which the price of this contract were based as of the date hereof, the contract price shall be increased by the amount of the documented price increase. Page 12 1592 Proposal: NE 11th, 12th,13th, and N Railroad Ave / Tas ar1awrIC}SOUTHERN Acceptance We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date Rich Atzert I Account Manager Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 E: Rich@atlanticsouthernpaving.com C: 954-299-6114 P:954-581-5805 F: 954-581-0465 http://www.atlanticsouthernpaving.com Page 13 1593 Task 158 - Happy Home Heights Subdivision NE13th Ave & NE 1st St Boynton Beach,FL 33435 Apr 22, 2023 PROPOSAL NUMBER: 2023-82319 ADVANCED MOT: 1. Set up advanced MOT to include lane closures, flagman, and signage. Concrete ADA Ramp Installation: ( 2) Locations 1. Sawcut & remove existing sidewalk or non-compliant ramp. 2. Place forms for new 6" thick concrete ramp. 3. Pour new sidewalks using 3000 PSI concrete 4. Apply a broom finish to new concrete surfaces. 5. Strip and remove forms after new concrete has set. 6. Supply & install yellow ADA detectable warning mat 2'x5' (Cast in Place / Surface Applied Retrofit). 7. Haul away any related debris. CONCRETE SIDEWALK REPAIRS: 1. Sawcut and remove the damaged sections of the concrete sidewalks. 2. Sawcut and remove any surface tree roots as required. 3. Place forms for new 4" & 6" thick concrete sidewalks. 4. Pour new sidewalks using 3000 PSI concrete. 5. Apply a broom finish to new concrete surfaces. 6. Strip and remove forms after new concrete has set. 7. Haul away any related debris. *This contractor will not be responsible for damage to grass, sod, irrigation or any other underground utilities. CONCRETE "F" CURB REPAIR: 1. Remove existing curb where required for new curb to be installed. 2. Place forms for new type "F" concrete curbing with valley gutter, as required. 3. Pour new curb using 3000 PSI concrete. 4. Apply a broom finish to new concrete surfaces. 5. Strip and remove forms after new concrete has set. 6. Haul away any related debris. 1594 ASPHALT & BASE REPAIR: 1. Saw cut and remove the asphalt to expose the voided area. 2. Compact the exposed base materials. 3. Install new compactable base material as required. 4. Roll and compact exposed base material. 5. Tack areas with primer tack. 6. Install hot plant mixed asphalt type SIII 7. Roll and compact areas with a steel drum roller. 8. Remove any job-related debris. *This contractor will not be responsible for future settling in the area of repair. If additional repair is needed beyond the scope of work detailed above, a change order will be required. Contractor is not responsible for any plumbing / utility repair of any kind. MILL ENTIRE SECTION: Up to 19,500 Sq. Yds. 1. Mill entire section 1.5 inch average 2. Any risers needed for underground utilities will be billed in addition to the contract amount. 3. Haul away all debris. ASPHALT PAVING: Up to 1,720 Tons 1. Tack areas with DOT approved primer tack. 2. Level any depressed areas prior to overlay. 3. Install 1.5 average hot plant mixed asphalt S -III 4. Roll and compact areas using a steel drum and rubber tire roller. 5. Remove any related debris from site 12' SPEED HUMPS: 6 EACH 1. Clean and Prep areas where speed humps are to be installed. 2. Tack area with a DOT approved primer tack. 3. Install speed humps 12' wide + or-, by 4" high + or-, by the length of the roadway using hot plant mixed asphalt, type S -III. 4. Roll and compact the newly installed speed humps. 5. Haul away any related debris. 6. Includes thermoplastic chevron (including temp paint) 7. Includes 2 Signs and each speed hump THERMOPLASTIC PAVEMENT MARKINGS 1. Clear away loose dirt and debris. 2. Pour thermoplastic road marking materials to include: PER PLANS INCLUDING RPM'S 3. Thermoplastic will be applied at a rate of 90 wet mils. 4. Glass beads will be incorporated in the material for retro -reflectivity. *Project bid with typical industry and municipal standards. City specifications, permit and code requirements are subject to change without notice. REMOVE AND REPLACE SIGNAGE AND/OR POSTS: 1. Remove and replace PER PLANS 2. Haul away any related debris. `Project bid with typical industry and municipal standards. City specifications, permit and code requirements are subject to change without notice. 1595 ITEM NO. DESCRIPTION UNIT E ST. UNIT PRICE UNIT PRICE 5 Type 11 Barricade per MOT Standard Index No. 102-60-0 Provide for project duration upto 14days. EA 310.01.5,010,13 5.010, 7 Type III Barricade per FD07 Standard Index. No. 102-P5013 project duration uto 14 days, Provide for pp EA 80 9.010 20 IJOT Certified Flagman (per person,) HR 200 S, 49.00 23 Remove and Dispose of unsuitable, material CY 316 75.G9 5 2:, "Mi. 00 47 4"' Limerock Base (min. lbr of 10,0), including prime coat S Y 445 S 20M S, SSCO.00 72 1 1f2` Type S-111 Asphaltic Concrete (1 Lift)placa by, paving machine, including tack material & compaction (500 or greater ass,ignments) 700 1720 S 115.00 S 99 1 V2` Average thickness, - Roadway Milling, including mobilization, IfAOT & all incidental work & equipment to Include hauling off, stockpiling, or otherwise disposing! of material. S'Y 19500 S, 2.50 S 49.710.00 93 Sawcut, Remove and Replace 1.5" of Asphalt (Two lifts) SY 445 S- 30 00 S 16.0101.00 97 Speed', Hump (CBB std D&L P-26) EA 6 S 25,00.0 S, 102 Thermo, Plastic ffellow Solid 6")� LF 1240 q gp S 2.232.00 109 Thermo Plastic (White Solid 12") LF 600 4.56 S 2;,736.0 ill Thermo, Plastic Olihite, Solid 24"") LF 465 S 9.12 5 4:210 SO 112 Thermo Plastic (Arrowsy Sit high EA 2 S 126.12 S, 252.24 121 Retro -Reflective Pavement r4arkers WY (remove and replacel EA 60 5 12.00 S 72,'p 0O, 122 Retro -Reflective Pavement Markers 1MR(remcve and replace) EA 30 S 12.0 S MOM 123 Single Post Sign (up, to 36 x 36") EA 27 S 342.00 5 9234.01) 124 Single Post, two signs (up, to ' x M`) EA 26 S 55S.00, S 14508.00 125, Obl Post Sign (Wl�6, 'VVI -7) EA 2 S '86:00 1.,572.00 126 Single Post - Case 2 EA 3 S, 288.001 S 8 r, 4. U10 129 Traffic Paint (all widths. all colors) SF 1080 S, I.So 1.94.4.00 130 FUCIT Index 304 ADA Ramp, (w th D ate cta ble Warning) LF 12 S ?00 034 S, 21400.00, 133 Removal of Concrete Curb Type F ( Min assignment of SO LF) LF to S 15.00 S, I 50.001 134 Concrete Curb Type F (IAin. assignments of SO LF) LF to S, 45.00 5 450.00 141 Concrete, 4 " thick cc n crate sideyd a Ilk in cludin g fo rmw a rk, sod removal & disposal (20 to, 10,0 SY assignments) (3&GO PSI WIFiber) SY 90 -5 126.00 5 11,340.00 143 Concrete, EP thick concrete sidewalk including formwork, sad, removal & disposal (.20 to 100 SY assignments,)(MOO, PSI SV" 13 S 135.04) TOLU. . ......... .. ....... .... . .. ...... . .............. ............. ..... 355,508.04 1596 1597 We propose to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $ 355,508.04 this price excludes any options. All Prices quoted are are subject to change based on market conditions. This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday -Friday, excluding holidays. Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. We agree to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below. As Per Terms & Conditions of Purchase Order All County Paving: City of Boynton Beach Public Works Josh Marfleet Paving Advisor Printed Name Apr 22, 2023 Date Signature of Approval by Customer Printed Name & Title/Position Please select if billing information differs from above. 1598 CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation - 1. All County needs suitable access to the work area, and if it is dependent upon, or in conjunction with the work of others, such work shall be performed and completed prior to arrival, so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am, unless otherwise agreed, to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is responsible for towing; services and any created delays. If any cars are left on the area of work, All County Paving cannot beheld responsible for any damage to the vehicle.. 4. All County Paving will not be responsible for persons violating the work area, tracking of materials or paint, or any damages to cars, personal injury or persons trespassing in. the designated work areas. 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project. The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area. Dumpsters not moved, will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Cracks in the existing asphalt will reflect through the new asphalt in time. 3. There will be a tire 'tracking' -this cannot be avoided, but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired later, All County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to included items only, anything not specifically included is excluded from the contract. Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders, and will become an extra charge over and above the contract. 2. The proposal or contract provided, including all stated terms and conditions, shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades. As such All County Paving makes no claim that existing or ADA upgrades will meet any/all local,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits, All County Paving will coordinate the process and charge the Actual Permit & Procurement Fee of $550.00 per permit, plus actual cost of permit(s). Any additional work required by the permit(s) will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. 7. All accounts past due will incur a finance charge of 18% per annum. 8. All County Paving reserves the right to withdraw the contract at any time prior to the commencement of work should material price fluctuations rise significantly. 9. This proposal is based on the price of the liquid asphalt index as per FDOT If there is an increase from the date of this proposal additional costs will be incurred. 10. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 11. Any additional mobilizations for Paving will be billed at a rate of $6,500.00 each. 12. Any additional mobilizations for Sealcoating will be billed at a rate of $2,000.00 each. 13. Delays to All County Paving of a Maintenance Crew will be invoiced at a rate of $200.00 per half hour and delays to All County Paving of a Paving /Milling Crew will be invoiced at a rate of $350.00 per half hour. 14. Any broken car stops will be replaced at an additional cost of $69.00 each. 15. There will be a charge of $47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 16. Due to the fluctuations in the petroleum markets, All County Paving will impose a fuel surcharge. 17. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. 18. A certificate of Insurance will be issued upon request prior to commencement of work. 19. All County Paving will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islands/landscaped areas. 20. All County Paving will not be responsible for unforeseen conditions that arise;they may result in additional costs to the customer. 21. All County guarantees its' sealer products against peeling or flaking of stable asphalt for a period of (1) year, excluding normal wear and tear. 22. Newly seal coated areas will be barricaded for 24-48 hours after project completion. It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do so will void any warranty. 23. All work is to be completed in a workmanlike manner according to standard practices. Our workers are covered by Worker's Compensation Insurance. 24. No warranties will be honored unless payment is made in full. All County Paving will provide a one (1) warranty , starting on the last day of substantial completion, on materials and workmanship. Normal wear and tear is not covered by this warranty. Customer Initials 1599 7.F Consent Bids and Purchases over $100,000 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Resolution No. R23-064- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. Requested Action by Commission: Approving and authorizing the proper City officials to execute an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. Explanation of Request: At the October 12, 2021, CRA Board meeting, the Board approved the relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project (see Attachment 1). The CRA Board approved the Development Agreement between the CRA and Centennial Management Corp. (CMC)/Wells Landing Apartments, LLC (d/b/a Heart of Boynton Shops) for the commercial component at its meeting on February 1, 2022 (see Attachment 11). The much anticipated mixed use project consists of 124 affordable housing and 8,250 square foot of neighborhood serving uses within three buildings on both sides of MLK Jr. Boulevard (two four-story residential buildings on the south side and a three- story building with ground floor retail on the north side). The project is under construction and is expected to be completed by Summer of 2023. As defined in the Development Agreement Unit 8 is a 1,055 square foot rent-free space dedicated to the CRA's NOP Program. Per section 5.b.ii of the Agreement, the Neighborhood Officer Program Office ("NOP Office") shall be completed and in move -in ready condition within 18 months of the February 8, 2022 effective date (or August 8, 2023) . Amendment to this the completion deadline is needed as described in Agenda Item 13E. As indicated in the First Amendment to the Development Agreement, the CRA has committed $100,054 towards the design and construction of the NOP Office (see Attachment III - Section 4.a.). 1600 Once the build -out is complete, the NOP will lease the space from CMC. The CRA, City and CMC legal teams have reviewed and approved the proposed lease to ensure it is in compliance with the various development agreements in place. The lease contains the following terms: Location: 117 E. MLK Jr. Boulevard 201, Unit 8 Size: 1,055 square foot Use: Neighborhood Officer Program Office Lease Term: One five-year term subject to automatic renewal for five additional five-year periods Annual Base Rent: $0 Monthly Common Area Maintenance: $ 96.71 to be reimbursed by the CRA as part of the operational expenses in the ILA for the annual NOP Program. On March 29, 2023, Mr. Lewis Sweezy, Manager of CMC, executed the proposed lease (see Attachment IV). The lease will be between the City and CMC since the lease term will survive the CRA sunset in 2044. An Interlocal Agreement is required to allow the City to lease the rent- free space from CMC for the NOP Program and the CRA to reimburse CMC for the buildout of the NOP Office (see Attachment V). How will this affect city programs or services? The lease of the space will enhance police services to the City's East side and to the residents of the CRA's district. Specifically, the leased location will be serve as a satellite office that will be used for contacts with citizens, small community meetings, and serve as a place officers 1601 can go to complete paperwork, make phone calls and conduct other police business. Having an East side location for use by officers will further ensure the more frequent presence of officers on the east side of the City and within the CRA's district. Fiscal Impact: This is a budgeted item, and will be reimbursed by CRA Attachments: Reso R23-064 ILA_with_CRA_and_Lease_for_NOP_-_Reso.pdf Attachment V - Draft ILA with COBB NOP Use of Unit 8 Attachment IV - Proposed Lease for NOP Office Attachment III - Executed First Amendment to the Development Agreement Attachment I - October 12, 2021 CRA Board Meeting Minutes Attachment II - Executed Development Agreement 1602 1 RESOLUTION NO. R23-064 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 8 REDEVELOPMENT AGENCY FOR THE USE OF UNIT 8 AT THE HEART OF 9 BOYNTON SHOPS FOR THE NEIGHBORHOOD OFFICER POLICING (NOP) 10 PROGRAM AND THE ASSOCIATED LEASE AGREEMENT WITH WELLS 11 LANDING APARTMENTS, LLC FOR UNIT 8; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, at the October 12, 2021, CRA Board meeting, the Board approved the 15 relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze 16 East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project; and 17 WHEREAS, as defined in the Development Agreement approved by the CRA, Unit 8 is a 18 1,055 square foot rent-free space dedicated to the CRA's NOP Program and per section 5.b.ii of 19 the Agreement, the Neighborhood Officer Program Office ("NOP Office") shall be completed 20 and in move -in ready condition within 18 months of the February 8, 2022 effective date (or 21 August 8, 2023); and 22 WHEREAS, once the build -out is complete, the NOP will lease the space from CMC since 23 the lease term will survive the CRA sunset in 2044; and 24 WHEREAS, an Interlocal Agreement is required to allow the City to lease the rent- free 25 space from CMC for the NOP Program and the CRA to reimburse CMC for the buildout of the 26 NOP Office; and 27 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of 28 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 29 to approve and authorize the proper City officials to execute an Interlocal Agreement between 30 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 31 Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) 32 Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreeinents\ILA with CRA and Lease for NOP - Reso.doex 1603 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the proper City officials to execute an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. A copy of the Interlocal Agreement is attached hereto and made a part here as Exhibit "A" and a copy of the Lease is attached hereto and made a part hereof as Exhibit "B". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreeinents\ILA with CRA and Lease for NOP - Reso.doex VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 1604 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT ("Agreement') is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or "Parties") WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area ("CRA Area") as described in the Plan; and WHEREAS, pursuant to Sections 163.340, 160.345, and 163.370, Florida Statutes, the CRA is empowered to develop and implement community policing innovations, which includes increasing the visible presence of police in the community through citizen contract patrol, neighborhood storefront police stations, and other means; WHEREAS, the CRA has established, in conjunction with the City, a community policing innovation known as the Neighborhood Officer Policing Program ("NOP") pursuant to a separate interlocal agreement ("NOP Interlocal Agreement'); and WHEREAS, the CITY has approved and hereby reaffirms support for the NOP; and WHEREAS, in order to provide a neighborhood storefront police station, the CRA included as part of a separate Development Agreement ("Development Agreement'), attached hereto as Exhibit A, with Wells Landing Apartments, LLC ("Landlord"), limited funding for a development of a NOP office as further described as "Unit #8" or "Unit 8" in the Development Agreement ("NOP Office"), and a requirement that the NOP Office be provided for use by the NOP rent-free as further described in the Development Agreement; and WHEREAS, for purposes of this Agreement the term "Development Agreement' shall mean the Development Agreement as it has been and may be amended from time to time; and {00563126.1 306-9905604 1 1 4854-7732-2846, v. 2 1605 WHEREAS, the NOP officers are employed by the City and the NOP is operated by the CITY with financial support from the CRA pursuant to a separate interlocal agreement between the City and CRA; and WHEREAS, the CRA and City have determined that both parties will benefit if the City and Landlord enter into a separate lease for the NOP Office ("NOP Office Lease"); and WHEREAS, concurrent with the execution of this Agreement, the CRA and Landlord are entering into a Second Amendment to Development Agreement to permit the CRA to assign certain rights under the Development Agreement to the City; and WHEREAS, although the NOP Office Lease will be between the City and the CRA, the CRA desires to provide the funding described in the Development Agreement to ensure the presence of a neighborhood storefront police station; WHEREAS, the parties desire to ensure the NOP Office Lease remains rent-free to the City for use by the NOP; and WHEREAS, the CRA and City desire to ensure the NOP's continuous presence in the CRA's boundaries (the "CRA Area"); and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the NOP and NOP Office, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, specifically those in the CRA Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby confirm and acknowledge, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a) The CRA shall pay the Landlord $100,054.00 ("NOP Office Funding") for costs for architectural, professional design services, and construction of the NOP Office, subject to certain restrictions set forth in the Development Agreement. {00563126.1 306-9905601 1 2 4854-7732-2846, v. 2 1606 b) The CRA hereby assigns its right to use the NOP Office rent-free, as set forth in the Development Agreement, and agrees to execute such documentation as may be necessary to effectuate this assignment. 3. Obligations of the CITY. a) The CITY shall maintain the NOP Office primarily for use by the NOP, as a neighborhood storefront police station distinct from ordinary police operations, until such time as the CRA is terminated or expires. b) The NOP shall have a at least one NOP officer available to meet at the NOP Office upon request during their assigned working hours, which may change from time to time. C) Except for the NOP Office Funding, the CITY shall pay for the construction, furnishing, equipping, maintenance, utilities, and all other fees and costs necessary to construct and use the NOP Office for the NOP. d) Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes and the required presence of the NOP Officers at the NOP Office. 4. Relationship to NOP Interlocal Agreement. Nothing in this Agreement shall be deemed to replace, terminate, modify or otherwise affect the NOP Interlocal Agreement, as it may be amended from time to time. However, in the event the NOP Interlocal Agreement is terminated, either party may terminate this Agreement upon 30 days' notice to the other party. 5. Limitation on CRA's Responsibilities. The CRA's responsibilities under this Agreement are limited to providing funding to Landlord as specified in Section 2(a) of this Agreement and executing documentation as described in Section 2(b) of this Agreement. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including {00563126.1 306-9905604 1 3 4854-7732-2846, v. 2 1607 equipment installation and removal) associated with the CITY's use of the NOP Office or design or construction thereof Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after upon the termination of the CRA or as otherwise provided for in this Agreement. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least I year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party, provided however, the CRA may not be held in default for failure of Landlord to execute documentation or failure of Landlord to respond to requests for the same. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of {00563126.1 306-9905601 1 4 4854-7732-2846, v. 2 1608 any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. In addition to the other remedies provided herein, in the event the CITY does not use the NOP Office for the NOP or does not maintain a daily NOP presence in the NOP Office, and fails to cure after the notice of default, the CITY shall pay the CRA $100,054.00; plus interest calculated at a rate of 4% per annum. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terins of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery {00563126.1 306-9905601 1 5 4854-7732-2846, v. 2 1609 receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain 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: a. CITY: Dan Dugger, City Manager CITY of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Thuy Shutt, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: Michael Cirullo, Jr. Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Kathryn Rossmell, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal {00563126.1 306-9905601 1 6 4854-7732-2846, v. 2 1610 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. {00563126.1 306-9905601 1 [Signatures on following page.] 7 4854-7732-2846, v. 2 1611 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY Clerk Approved as to Form: Office of the CITY Attorney Approved as to Form: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Ty Penserga, Mayor Date: (SEAL) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Penserga, Chair Date: {00563126.1 306-9905601 1 8 4854-7732-2846, v. 2 1612 M T T BUSINESS LEASE This AGREEMENT of Lease (this "Lease"), is entered into this day of 2023, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops (hereinafter called the "Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter called the "Lessee" or "Tenant"). WITNESSETH, that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and tale as Tenant.approximately: Square feet of Commercial Space: 1,055 square feet Location: 11.9 E Martin Luther King Jr. Blvd Suite 108 Boynton Beach, FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program ("NOP") Office and for no other purposes or uses whatsoever. Lease Term: Five (5) years subject and conditioned on the provisions. of this lease. The Lease should begin July 1, 2023.and end June 30, 2028. Due to the construction of the retail space, dates may Beed to be adjusted. Tenant may automatically renew this lease for successive five (5) year periods upon written notice to the Landlord. Tenant agrees and understands that the move -in date is only an approximate date. Total rent payable as follows: Total Rent EACH year. is: July 1,2023 — Jane 30,2028: Annual. Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents (50.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM. Fee: Not to exceed ($96.71:00) Monthly Total: Zero Dollars and 0 cents ($0.00). In no case shall the total rent described above, plus any additional rent described herein, exceed an amount equal to 0.00 dollars ($0.04) per square foot. Acceptance of Premises: Tenant accepts premises in "As Is." & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the. Premises,. including but not limited to, electric; water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy; Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County, as applicable within One. Hundred and Twenty (120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws, codes, rules and regulations, including but not limited to county/state/federal fire regulations. Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the. Landlord subject to the terms and conditions of an interlocal agreement_ Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein, Tenant understands and agrees to comply with certain rules that will be setforth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation {00555235.1 306.9905501 ) including matters such as: Parking, signage, trash removal, storage of personal property, loitering Tenant Responsibilities: Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior. Tenant shall obtain all necessary permits and. licenses to conduct work. Tenant agrees to. pay for the all of the design and construction of build -out including but not: limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicableto current building codes. Tenant further agrees to hold Landlord .harmless for all build -out improvements including. any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant. shall not assign, transfer, sublease, mortgage, pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained; provided, however,. that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,. transfer or sublease by Tenant, Tenant shall remain liable for the full performance of each and every covenant and condition hereunder.. Eandlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws, rules and regulations of any governmental authority. 2.. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules,. orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the. .Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shalluse all reasonable efforts to fully comply with the Americans with. Disability Act. Tenant agrees to pay tenant's pro -rata share of Landlord's capital expenditures required under any governmental law, rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord, to its best knowledge, is currently complaint with all governing codes and regulations. 3. FIRE. In the .event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. if said premises arenot rendered tenantable within said time, it shall be optional with either party hereto to cancel this .Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the'greinises are rendered"untenantable 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: (1) the Lessee has not entered the premises. for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing,. of its intention. to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents; shallhave the right to enter said premises during all reasonable hours with reasonable notice, to .examine the same to make such repairs; additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice `FOR RENT at any time within thirty (30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this Lease or to the rules and regulations of the building. (00555245,1 306-9905604 ) 2 L0 T T b. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall bepaid for in cash at time of making thereof, so .as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's. approval of any plans, specifications or work drawings shall create no responsibilityor liability on the part of the Landlordfor their completeness, design sufficiency or compliance with all. laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans; machinery, plumbing; electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant's own expense --fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at. the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken .during the terms of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall .return said unit (or units). to the Landlord at the termination of this lease in good working order, reasonable wear and tear excepted. Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty (30) days of execution of this lease. 8. CHATTELS. The Lessee .hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease, which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and//or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity, the Tenant acknowledges that it is self-insured for commere_ial general liability in the,. amount S,specified.,in Florida,Statutes Sect on, 768.28, asmy,be. amended from time to time. In addition, Tenant maintains a third -party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance.to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS. This Lease shall bind the Lessor and its assigns or successors and the .heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11. NOTICE. It is understood and agreed between the parties hereto that written notice by email, certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER. The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 100555245.1306-9905644 1 m T T 13. SIGNS. It is understood and agreed that any signs or advertising, to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises; at its sole cost and expense, in accordance with the code and .sign criteria established by the City of Boynton Beach, 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent. due and shall be included in any lien for rent. It is further understood'thaf the Tenant shall, upon demand, pay as additional rent its pro rata share(s) of any sprinkler standby, storm water utility standby, water and/or sewer charges billable to the Landlord for the building(s) of which the demised premises are a part. Landlord represents that, at present, there are no pending charges. 15. BANKRUPTCY. If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease, the Lessor is hereby irrevocably authorized to forthwith cancel this Lease, as for a default. 16. SUBORDINATION. Subject to the provisions of Paragraph 33 below, this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to.any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and :so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination; automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord's mortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties, an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attorntnent, subordination, or to make this Lease prior to the lien of any mortgage; deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord ""shall have the right to...execute""such documents on"behalf"of"Tenant as'"Tenant's attorney-.in=fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead,.. to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee .hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, and repair as they are at. the commencement of said term and to return said .premises in broom -swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon tennination or cancellation of this Lease. IS. WATER DAMAGE. It is expressly :agreed and understood by and between the. parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the. breakage, Ieakage, obstruction of the water, sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease; the premises shall be restored to their original condition (subject to improvements and additions remaining at Lessor's option as described I(O6555M. T 306.9905604 ) 4 above) and returned to the Lessor in broom -clean condition. 20. UTILITIES. The Tenantwill be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated, whether or not the Tenant has been able to successfully arrange for such services. 21. PARKING. Motor vehicles shall be parked in the area directly in front.of the leased bay and not in front of the. neighboring bays. Tenant appoints Landlord as its attorney-in-fact to remove aI1 vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to. remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH REMOVED. Tenant.shall provide for suitable containers for the collection of trash and other waste. Tenant shall secure the removal of the trash and waste. at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, .Landlord shall be authorized to remove same at Tenant's expense. 23. NO OUTSIDE STORAGE. Tenant shall confine all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the. demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials, equipment or any items related. to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, 'cardboard boxes or any other material shall be stored outside at any time. No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY. It is understood and agreed that any merchandise, fixtures, furniture or equipment left in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. Landlord is authorized to sell, dispose of or destroy same. 25. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against. the fee, shall from. time to time deliver or cause to be delivered to Landlord or such mortgagee, within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying; if true, that this Lease is valid and existing and in frill force, effect that Landlord'is not in defaulfund'er'ariy'of the terms of this Leme'and such other matters m may be required by Landlord ,or such mortgagee. Tenant further agrees to pay to Landlord, :as. additional rent, an amount equal to 1130 of one month's rent at the monthly rental then obtaining, for each day, if any, in excess often (1.0) days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause.. 26. HAZARDOUS SUBSTANCES - GENERAL. The term "Hazardous Substances," ° as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law," which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasigovernmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee. shall be responsible for obtaining any required permits and paying any fees and providing any testing. required by any governmental agency; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are Used in the ordinary course of Lessee's business (the "Permitted Materials") €00555245.1 306-9905604 ) 5 provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee ,shall be .responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii) no portion of the premises will. be used as a landfill or a dump; (iv) Lessee will not install any underground tanks of any type; (v) Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except. for the Permitted. Materials described below, and. if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to. all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation .to enter the premises for the purpose of inspecting the storages use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take, such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the promises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough. cleanup procedures at Lessee's sole cost; and Lessee agrees to 'indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising .from or as a. result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall. survive the termination or expiration of this Lease. 27. LANDLORD'S LIABILITY. The .liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building, and the. Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it. overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional. information regarding radon and radon testing may be obtainedfrom your county public health unit. 29. ATTORNEY'S PEES. If either party becomes a party to any litigation concerning this Lease, the premises, .or the building or other improvements in which the premises are Iocated, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of the party or its authorized representatives; the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 30. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly; voluntarily, and intentionally waive the right. either may have to a trial by jury in respect. to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the proj Oct are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation'),. this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs; provided that if so much of the premises or project are taken by such condemnation as would substantially and adversely affect the operation and .[00555245.1306-4905604 1 t) profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised. only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking (or in the absence of such notice, within thirty (30) days.after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking. lasts for less than ninety (90) days, Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate. this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the. portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the .leased premises taken bears to the total usablefloor area of the project. Landlord shall Have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking. by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages, or as damages for tenant improvements-, provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set. forth in this Section, Landlord shall have no liability .to Tenant for inten'uption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises,. or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto haveexecuted this. instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence of: Witness as to Landlord: By= Date: Witness as to Tenant: By: Date: Landlord: Wells The Heart of Bo vents LLC d/b/a Lewis Swezy, {00555245,1305-9905504] 7 Tenant Naine: City of Boynton Beach Date: rn T T 0 N CD T FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to the Development Agreement ("First Amendment") is hereby entered into by and between the Boynton Beach Community Redevelopment Agency a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes ("CRA") and Wells Landing Apartments, LLC ("Developer"). Individually, the CRA or Developer may be referred to herein as a "party" and collectively may be referred to herein as the "parties." WHEREAS, the parties previously entered into a Development Agreement dated February 8, 2022 (the "Agreement"); and WHEREAS, the price of building materials has substantially increased since that time, rendering it difficult for prospective tenants to build out space within the Project described in the Agreement; and WHEREAS, the prevention of vacancy furthers the CRA's statutory mandate to prevent slum and blight; and WHEREAS, the Developer desires to assist prospective tenants with interior buildouts; and WHEREAS, the parties desire to amend the Agreement such that both parties will contribute additional funding to the buildout of certain portions of the Project; WHEREAS, the parties desire to allocate the funding as specified in this First Amendment; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties hereby acknowledge, the parties agree as follows: 1. Incorporation. The above recitals are hereby incorporated herein as if fully set forth. 2. Amendment Style. Amendments to the Agreement are shown as follows: additions are shown in underlined format; deletions are shown in strikethrough format. 3. Amendment to Paragraph 2(i) of the Agreement. Paragraph 2(i) of the Agreement shall be amended as follows: (i) "Secondary Eligible Expenses" shall mean: bathrooms compliant with the Americans with Disabilities Act accessible from tenant spaces, exterior improvements to the Property that enhance the aesthetic value or electrical, 0]8565641 /% � Ff /LYj� mechanical, or plumbing function of the Property; and/or mechanical, electrical, or plumbing improvements of tenant spaces made during the initial build out of tenant spaces. 4. Amendment to Paragraph 4 of the Agreement. Paragraph 4 of the Agreement shall be amended as follows: 4) OBLIGATIONS OF THE CRA. The CRA agrees to: a) Provide to Developer funding in an amount not to exceed c'5,�1-5 2 300 815 Of s^^^h^'^Fy Eligible Expo,,.^n. for the Protect ("Proiect Funding"). Proiect Funding shall only be provided in the form of a reimbursement Rel-m—h-61Fsement shal "^subject to terms and conditions hereafter set forth,. and shall be allocated as follows: Eligible Expenses (including $25,000 for NOP Design) * Secondary Funding to be used for Secondary Eligible Expenses (Units 1-7) NOP Construction (Unit 8) Total $1,863,761.00 $ 362,000.00 $ 75,054.00 $2,300,815.00 *Where permitted by this Agreement, Project Funding for Eligible Expenses may be used for the reimbursement of Secondary Eligible Expenses. b) Provide "Secondary Funding" to Developer to be used only for the reimbursement of Secondary Eligible Expenses, the value of such Secondary Funding to be divided equally amongst Units 1-7 as depicted on Exhibit B (hereinafter, collectively "Units 1-7" or individually, a "Unit"); provided however, that should any single Unit not require the full amount of its share of the Secondary Funding, such amount not utilized shall be redistributed equally among the other Units. 018585641 T N T c 4b4b Review all documentation submitted by the Developer as required by this Agreement and provide comments, approval, or notice of disapproval within 15 days of receipt of such document(s). 5. Amendment to Paragraph 5 of the Agreement. Paragraph 5 of the Agreement shall be amended as follows: 5) OBLIGATIONS OF DEVELOPER. The obligations of the Developer are as follows: a) Developer will build out the residential portion of the Property and complete the Project. b) Construction. Regarding construction of the Project, Developer shall: i) Commence construction of the " r� aey shell" of the commercial spaces of the Project within six months of the Effective Date. ii) Work with the CRA's architect to deliver "Unit #8" in the attached Exhibit B, consisting of approximately 1,055 square feet, for the Neighborhood Officer Program Office ("NOP Office") in a move -in ready condition. The construction of the NOP Office shall be completed no later than 18 months of the Effective Date, and Unit #8 shall be provided to the CRA for said use rent-free. iii) Make reasonable and good faith efforts to prioritize the use and hiring of qualified, licensed, insured and bondable local contractors and sub -contractors. Local contractors and sub -contractors are defined as those contractors: 1) having a City of Boynton Beach Business Tax Receipt, having a business address within the boundary limits of the City of Boynton Beach, and meeting all of the requirements to legally perform prescribed work; and 2) having a business address within the boundaries of Palm Beach County and meeting all of the requirements to do business within the City of Boynton Beach during construction of the Project. iv) Contribute $50,000 towards the interior buildout of Units 1-7, to be eaualiy distributed amongst Units 1-7 as a builder's contribution to the tenants, for expenses specifically approved by Tenant. Such funding shall be in addition to funding associated with "grey shell" building expenses, and in addition to funding provided by the CRA. c) Developer shall designate Units 4 and 5 solely as restaurant spaces. One of the units shall be used as a full-service sit-down restaurant. The other 01656564-1 N N CD T unit shall be used as a limited -service restaurant. If Unit 4 or 5 is used as a full-service sit-down restaurant, Developer will make the adjacent unit, either Unit 3 or 6, available for additional space for the full-service sit-down restaurant tenant. d) Commercial Marketing. Regarding marketing of the Project, Developer shall: i) Commence marketing the commercial space created by the Project within 1 year of the Effective Date. ii) Provide a copy of the initial marketing plan to the CRA for the CRA's review and approval prior to commencement of marketing or prior to sign -off of the first commercial tenant, whichever occurs first. The CRA shall not unreasonably withhold approval. iii) Refrain from using the CRA's logo or other intellectual property without the CRA's prior written approval. iv) Use its best efforts to market and secure local businesses as tenants for the commercial spaces created by the Project. e) Rental and Management of Commercial Spaces. Regarding the rental of the commercial spaces created by the Project, Developer shall: Solicit commercial tenants to occupy the commercial spaces created by the Project. ii) Provide the CRA with copies of the commercial property owners association and any master association documents or lease agreements, as applicable, for the CRA's review and approval prior to the documents becoming effective to ensure compliance with the Agreement. The CRA shall not unreasonably withhold approval. iii) Provide the CRA with copies of the commercial leases for the CRA's review and approval prior to the execution of the first lease, to ensure compliance with the Agreement. The CRA shall not unreasonably withhold approval. iv) Rent the commercial spaces created by the project at a rate not to exceed $22 per square foot for a period of 5 years following the day the first commercial rental agreement become effective. After 5 years, the rental rate may be increased annually at a rate of either a) 3% per year, or b) the annual percentage increase in the Consumer Price Index for All Urban Consumers published by the U.S. Bureau of Labor Statistics, whichever is lower, for the next 5 years. All 01858564.1 M N CD T N CD T restrictions on rental pricing will dissolve 10 years after the day the first commercial rental agreement becomes effective. v) Take its management fee for the commercial spaces created by the Project from the rental rates described above. Such management fee may not exceed 5% of the rental rate. Common area maintenance fees are not required to be taken from the rental rates described above and may be charged in addition to such rates. vi) Manage all aspects of commercial space rentals, including but not limited to rent collection, maintenance, and tenant selection. f) Residential Management. Developer shall manage all aspects of residential rentals, including rent collection, maintenance, and tenant selection. g) Developer shall not be responsible for funding of tenant improvements for LUnits 1-7##14" except as provided for in Paragraph 5(b)(jv). 6. Amendment to Paragraph 6 of the Agreement. Paragraph 6 of the Agreement shall be amended as follows: (6) Limitation on Use of CRA Funds. The Prolect (Funding provided by the CRA pursuant to this Agreement shall be used to construct the gFey she! he commercial spaces created by the Project consistent with the allocations specified in Paragraph 4(a). Twenty five thellrand dellar-s ($29,099) -shall he used tawards the FAeve in Feady build Gut HVAC /.t... AditIGAI„.. s -ste.,,...,nd- ethe . Eligible c...,enses If and only if any Project #Funding allocated to funding Eligible Expenses remains after the completion of all portions of the Project that create Eligible Expenses, Developer is entitled to seek "^'.m.h-i ^"^^'^' Proiect Funding allocated to Eligible Expenses as reimbursement for Secondary Eligible Expenses. CRA filmd; Project Funding may be used to build out individual spaces only as specifically authorized in this Agreement. 7. Amendment to Paragraph 7 of the Agreement. a. The CRA will reimburse the Developer only for Eligible Expenses and Secondary Eligible Expenses, and only upon receipt of a written reimbursement request that contains the following: L A letter requesting an amount to be reimbursed; ii. A summary of the Project items for which Developer seeks reimbursement; iii. A statement that the request is consistent with the requirements of 018585641 �—+/ W) N CD T this Agreement and the reimbursement requested is for Eligible Expenses or Secondary Eligible Expenses; iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the Developer for the Project for which the Developer is seeking reimbursement; a4:4 v. For any reimbursement request submitted after final completion of a physical improvement, evidence of an approved final inspection, or equivalent-; and vi. For any reimbursement request for Secondary Funding, proof of tenant approval of the expenses. 8. General. Except as expressly set forth in this First Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the parties. This First Amendment may be executed in a number of counterparts, one and all of which shall constitute the agreement of the parties, and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. [REMAINDER OF THIS PAGE INTENTIONALLY BLANK] o�asessa-i ��"'A/ IN IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the latest of the dates indicated below. DEVELOPER: Wells Landing Apartments LLC, a Florida limited liability company By: Wells Landing Apar ZLLC, a Florida Printed Name': Lewis V. Swezy, Manager Title: -- fid i% Date: WITNESS: / ,,-k IA ---- Printed Name: PA -i (- Yv < (--'m rj Printed Name: 01�K— ac� CRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ✓ Printed Name: Ty Penserga Title: Chair Date: V z z WITNESS: a . 184��•�1 �� Printed Name: %% Printed Namel Da a LLI---� Approved as to form and legal sufficiency: &V CRA Attorney 01858564-1 co N CD T- Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 17 A. Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a New Neighborhood Officer Program Office and Community Space in the Ocean Breeze East Project (Heard out of Order) Ms. Shutt explained this item is a request to consider the second amendment to the Purchase and Development Agreement to delete the obligation to provide flex space for the new Neighborhood Officer Program in the Ocean Breeze East project completed in December that built 123 affordable rental apartments. Ms. Elizabeth Roque was present for Ocean Breeze East. The CRA had a requirement for Centennial Management to have the space within the development. There were a number of attempts to find funds to build the office, but in August 2020, the Police Chief requested an office on MLK Jr. Boulevard in a mixed-use property they are getting ready to build in the next few months. This space could be used for a community use or revert back to a residential use. On October 1St, Centennial Management issued a request for the CRA to waive the requirement. Ms. Roque will also present to the Board, project close-out data including the number of residents served and how many jobs will be provided to the Boynton Beach business. If the Board was interested in pursuing the request, there are two options: amend the original Development Agreement to eliminate the requirement and amend the MLK Purchase and Development Agreement to ensure there is an accommodation for the NOP Office there. Elizabeth Roque, Centennial Management, explained they were asked how many people from Boynton Beach were hired. She responded RS Construction hired the following subcontractors for the Ocean Breeze Development, who were Ridgeway Plumbing at 640 Industrial Avenue Boynton Beach, and Sir Electric at 1401 Neptune Drive, Boynton Beach. They also hired a local Boynton Beach resident, "Tory" who is doing an excellent job at Ocean Breeze and Centennial Management issued notices for landscapers. People applied, but she did not know if they were from Boynton Beach. Ocean Breeze East was a very successful construction project. The lease up of the 123 unit project was completed in 10 months and was 100% occupied by December 2020. Forty-six units were leased by Boynton Beach residents. The remaining tenants were from Palm Beach County, a few from Broward and two families were from Miami. The outparcel they have is being used for storage. There were some requests to use space in OBE: one was for a dance studio and another for an academy. She commented considering their request to be relieved of an obligation, she did not feel it was an obligation. They want to do something for the City. If they can put a non-profit or a dance studio there, they are happy to do so. They are not looking to make money, only to better the community. They would just have to figure out how to do so, build it out and meet that need. Chair Grant commented the CRA cannot put a non-profit there. The agreement stated they would fund the Neighborhood Officer office there. The CRA could still fund a program to go there. Ms. Shutt advised the CRA was to build it out. The building is a shell, the plumbing is there. They would need to put framing up, build one or two 1627 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 bathrooms and determine the space needs. Chair Grant wanted to ensure the CRA puts in their fair share for things to help the community. He suggested issuing a press release or information about space available for a non-profit. They like helping the youth as they do not have enough activity. Attorney Rossmell commented if the CRA proposed to remain open to fund expenses that would otherwise qualify for property development grants the CRA has, they are within the CRA mission for the project as it moves forward. She clarified If they want a condition for consideration for the movement made between the two projects, some sort of funding to help with infrastructure improvements, the Board should ask staff to do so. Chair Grant requested the GRA help with the build -out of the flex space for the betterment of the community. Based on comments from the residents, he believes something for the youth would provide the best benefit to the community. He requested they come back to request cost assistance to that space, they can move forward. Ms. Roque explained she can remove the request. Ms. Shutt commented they would want input on the cost as the last estimate it was substantial. Chair Grant requested around $50K Ms. Shutt stated originally it was $25K and $25K was moved for the NOP. It would be more, but the valuation to convert the space at Ocean Breeze was over $100K. Ms. Roque can put numbers together and discuss it at the November meeting. Attorney Rossmell asked if the Board wanted to move forward with all aspects of transferring the NOP to the MLK project. She explained there would be two amendments required. Chair Grant agreed to transfer NOP space to MLK Wells Landing project and to discuss with Centennial Management the build -out of the flex space. Motion Board Member Romelus so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. Ms. Roque gave an update on the MLK Project. She advised they are almost through permitting with MLK and getting ready for closing in November. They hoped to break ground at the end of a year. They are planning for a restaurant in one of the units. Ms. Shutt would bring back terms for funding based on Ms. Roque's discussions with the architect. 11. CRA Advisory Board A. CRA Advisory Board Meeting Minutes - September 2, 2021 B. Pending Assignments Chair Grant would like presentations for one of the Florida Redevelopment Association (FRA) sessions Advisory Board Members attended. The majority of the Board does not 1628 DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA") and Wells Landing Apartments, LLC or its affiliated assignee (hereinafter "Developer," and together with the CRA, the "Parties"). WHEREAS, the Developer and the CRA intends to construct the Project, as further defined below, which will contain commercial space including a minimum of 1,055 square feet of rent-free space dedicated to the CRA's Neighborhood Officer Program, in that space identified as "Unit #8" in "Exhibit B," attached hereto and hereby incorporated herein; and WHEREAS, the CRA has determined that the Project furthers the Boynton Beach Community Redevelopment Plan; and WHEREAS, Developer has the knowledge, ability, skill, and resources to effectuate the construction and development of the Project; and WHEREAS, the CRA has determined that providing funding for commercial spaces within the Project will further the goals and objectives of the Community Redevelopment Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties hereby acknowledge, the Parties Agree as follows: 1) INCORPORATION., The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) DEFINITIONS. a) "Eligible Expenses" means expenses that are consistent with the requirements of Florida Statutes, consistent with the CRA Redevelopment Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project are considered Eligible Expenses, including the following relating to the Project: (i) costs relating to the parking lot and site improvements (ii) costs of bathrooms required by code for the Project (iii) costs of plumbing stub -outs, main electrical and mechanical components needed for tenants to hook up to in order to operate within the tenant space in the Project (iv) costs of concrete flooring, ventilation, and HVAC/air conditioning systems needed within commercial spaces for use by tenants (v) architecture and professional design services only for the Neighborhood Officer Program Office and (vi) other 015917&2-5 LAf �AL' 1629 expenses specifically agreed to by the CRA through prior written approval. b) "Full -Service Sit -Down Restaurant" means a restaurant where orders are taken by wait staff at the table. c) "Grey Shell" means an unfinished interior with concrete floors (to be poured upon execution of lease agreement), lacking heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. and left ready for tenant improvements. d) "Limited -Service Restaurant: means a restaurant where orders are taken at the counter, register, or self-service menu. e) "Local Businesses" means a duly licensed business entity with an office location in Palm Beach County. f) "Move -in ready" means a state of construction such that it has a certificate of occupancy and is ready for tenant occupation and use. Pertaining to Unit #8, move - in ready includes, but is not limited to, installation of the following items per plans the CRA will later provide to Developer: equipment; fixtures; outlets and plugs; all aspects of bathroom facilities including sinks, toilets, stalls, and hand -drying or paper towel equipment; fixed counter space; all components of a functionating HVAC/air conditioning system; paint; and doors. The term "move -in ready' shall not be read to require provision of furniture that is not a fixture. g) "Project" means the construction and management of the commercial spaces of the Property as described in this Agreement, as further described in Exhibit B which is attached hereto and hereby incorporated herein, and in accordance with the previously executed Purchase and Development Agreement, which is attached hereto and hereby incorporated herein. h) "Property" means the property described in Exhibit A, which is attached hereto and hereby incorporated herein. i) "Secondary Eligible Expenses" shall mean: exterior improvements to the Property that enhance the aesthetic value or electrical, mechanical, or plumbing function of the Property; and/or mechanical, electrical, or plumbing improvements of tenant spaces made during the initial build out of tenant spaces. 3) EFFECTIVE DATES The date of this Agreement (the "Effective Date") shall be the date when the last one of the CRA and DEVELOPER has signed this Agreement. 4) OBLIGATIONS OFTHECRA. The CRA agrees to: a) Provide to Developer funding in an amount not to exceed $2,025,815 for the Project ("Project Funding"), to be used only for the reimbursement of Eligible Expenses, and 01591782-5 1630 where permitted by this Agreement, for the reimbursement of Secondary Eligible Expenses. Reimbursement shall be subject to the terms and conditions hereinafter set forth. b) Review all documentation submitted by the Developer as required by this Agreement and provide comments, approval, or notice of disapproval within 15 days of receipt of such document(s). 5) OBLIGATIONS OF DEVELOPER. The obligations of the Developer are as follows: a) Developer will build out the residential portion of the Property and complete the Project. b) Construction. Regarding construction of the Project, Developer shall: i) Commence construction of the "gray shell" of the commercial spaces of the Project within six months of the Effective Date. ii) Work with the CRA's architect to deliver "Unit #8" in the attached Exhibit B, consisting of approximately 1,055 square feet, for the Neighborhood Officer Program Office ("NOP Office") in a move -in ready condition. The construction of the NOP Office shall be completed no later than 18 months of the Effective Date, and Unit #8 shall be provided to the CRA for said use rent-free. iii) Make reasonable and good faith efforts to prioritize the use and hiring of qualified, licensed, insured and bondable local contractors and sub -contractors. Local contractors and sub -contractors are defined as those contractors: 1) having a City of Boynton Beach Business Tax Receipt, having a business address within the boundary limits of the City of Boynton Beach, and meeting all of the requirements to legally perform prescribed work; and 2) having a business address within the boundaries of Palm Beach County and meeting all of the requirements to do business within the City of Boynton Beach during construction of the Project. c) Developer shall designate Units 4 and 5 solely as restaurant spaces. One of the units shall be used as a full-service sit-down restaurant. The other unit shall be used as a limited -service restaurant. If Unit 4 or 5 is used as a full-service sit-down restaurant, Developer will make the adjacent unit, either Unit 3 or 6, available for additional space for the full-service sit-down restaurant tenant. d) Commercial Marketing. Regarding marketing of the Project, Developer shall: 01591782-5 i) Commence marketing the commercial space created by the Project within 1 year of the Effective Date. ii) Provide a copy of the initial marketing plan to the CRA for the CRA's review and 1631 approval prior to commencement of marketing or prior to sign -off of the first commercial tenant, whichever occurs first. The CRA shall not unreasonably withhold approval. iii) Refrain from using the CRA's logo or other intellectual property without the CRA's prior written approval. iv) Use its best efforts to market and secure local businesses as tenants for the commercial spaces created by the Project. e) Rental and Management of Commercial Spaces. Regarding the rental of the commercial spaces created by the Project, Developer shall: i) Solicit commercial tenants to occupy the commercial spaces created by the Project. ii) Provide the CRA with copies of the commercial property owners association and any master association documents or lease agreements, as applicable, for the CRA's review and approval prior to the documents becoming effective to ensure compliance with the Agreement. The CRA shall not unreasonably withhold approval. iii) Provide the CRA with copies of the commercial leases for the CRA's review and approval prior to the execution of the first lease, to ensure compliance with the Agreement. The CRA shall not unreasonably withhold approval. iv) Rent the commercial spaces created by the project at a rate not to exceed $22 per square foot for a period of 5 years following the day the first commercial rental agreement become effective. After 5 years, the rental rate may be increased annually at a rate of either a) 3% per year, or b) the annual percentage increase in the Consumer Price Index for All Urban Consumers published by the U.S. Bureau of Labor Statistics, whichever is lower, for the next 5 years. All restrictions on rental pricing will dissolve 10 years after the day the first commercial rental agreement becomes effective. v) Take its management fee for the commercial spaces created by the Project from the rental rates described above. Such management fee may not exceed 5% of the rental rate. Common area maintenance fees are not required to be taken from the rental rates described above and may be charged in addition to such rates. vi) Manage all aspects of commercial space rentals, including but not limited to rent collection, maintenance, and tenant selection. f) Residential Management. Developer shall manage all aspects of residential rentals, including rent collection, maintenance, and tenant selection. 01591782-5 1632 g) Developer shall not be responsible for tenant improvements for "Units #1-7." 6) LIMITATION ON USE OF CRA FUNDS. The funding provided by the CRA pursuant to this Agreement shall be used to construct the grey shell of the commercial spaces created by the Project. Twenty-five thousand dollars ($25,000) shall be used towards the move - in ready build out of the NOP Office; however, no other CRA funds may be used to otherwise build out individual spaces except to install plumbing, electricity, concrete flooring, ventilation, and HVAC/air conditioning systems and other Eligible Expenses. However, if and only if any funding remains after the completion of all portions of the Project that create Eligible Expenses, Developer is entitled to seek reimbursement for Secondary Eligible Expenses. 7) METHOD, OF REIMBURSEMENT. Reimbursement shall be effectuated as follows: a) The CRA will reimburse the Developer only for Eligible Expenses and Secondary Eligible Expenses, and only upon receipt of a written reimbursement request that contains the following: i) A letter requesting an amount to be reimbursed; ii) A summary of the Project items for which Developer seeks reimbursement; iii) A statement that the request is consistent with the requirements of this Agreement and the reimbursement requested is for Eligible Expenses or Secondary Eligible Expenses; iv) Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the Developer for the Project for which the Developer is seeking reimbursement; and v) For any reimbursement request submitted after final completion of a physical improvement, evidence of an approved final inspection, or equivalent. b) In order to be eligible for reimbursement, the reimbursement request must be submitted within one hundred and twenty (120) days of Developer making the payment for which it seeks reimbursement. c) Upon receipt of a complete reimbursement request from the Developer that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the Developer within ninety (90) days of receipt of the reimbursement request by electronic fund transfer into such account as may be designated by Developer from time to time. d) If the Developer fails to submit a reimbursement request within one hundred and twenty (120) days, the Developer will no longer be eligible to receive reimbursement for that item. If the Developer submits a reimbursement request 01591782-s 1633 that the CRA deems incomplete, the CRA shall notify the Developer in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the reimbursement request. The Developer shall have ninety (90) days from receipt of the notice to provide the necessary documentation to complete the reimbursement request. If the Developer fails to provide the documentation required by the CRA within the required time limits, the Developer shall only be eligible for the portion of the reimbursement request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the Developer for any portion of the reimbursement request the CRA deems ineligible for reimbursement. e) Reimbursement may be withheld or denied for failure to comply with this Agreement. 8) NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to CRA: Boynton Beach Community Redevelopment Agency Executive Director, Thuy Shutt 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman & Walker, P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach, Florida 33401 If to DEVELOPER: Wells Landing Apartments, LLC Attn.: Lewis Swezy 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 With a copy to: Nelson Mullins Attn.: Randy Alligood, Esq. 390 North Orange Avenue, Suite 1400 Orlando, FL 32801 If to INVESTOR MEMBER: WL Investor LLC Attn.: Lewis Swezy 01591782-5 1634 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 9) RIGHT OF FIRST REFUSAL. In the event Developer elects to sell the commercial spaces (or any part thereof) of the Property separate from the residential portion of the Property within 10 years of the Effective Date, CRA shall have the right of first refusal to the commercial spaces, to be effectuated as follows: Should Developer receive an offer to purchase the commercial spaces (or any part thereof) of the Property, Developer shall give the CRA notice of the offer by delivering a copy of the offer to the CRA ("Offer Notice") within two business days of receipt. Within five (5) days of receipt of the Offer Notice, the CRA shall schedule this item on the earliest available CRA Board agenda for approval to either waive or exercise its right of first refusal. If the CRA elects to exercise its right of first refusal, the CRA shall, within ten (10) days after receipt of CRA Board approval, deliver to Developer an agreement to purchase the portions of the Property subject to the Offer Notice on the same terms as set forth in the Offer Notice, including the delivery of a deposit (if applicable) less a deduction of the value of any funding contributed to the Developer by the CRA pursuant to this Agreement. Upon receipt by the Developer of the foregoing from the CRA, Developer and the CRA shall enter into a Purchase and Sale Agreement upon substantially the same terms and conditions as the Offer Notice with a closing to be set no later than 45 days from the effective date of the Purchase and Sale Agreement. If the CRA fails to exercise or waive its right of first refusal in accordance with the terms and conditions stated herein, within thirty-five (35) days after receipt of the Offer Notice, then the CRA's right of first refusal shall be deemed to have been waived. 10) BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. Upon written notice to CRA, this Agreement may be freely assigned by DEVELOPER to a wholly owned affiliate of DEVELOPER, and thereafter DEVELOPER'S assignee shall be obligated as contemplated herein as if such assignee were the original party to this Agreement. Any assignment by DEVELOPER to an unaffiliated party shall be subject to the written approval of CRA. Notwithstanding the foregoing, in the event Developer's construction lender and/or permanent lender takes possession of or becomes the record owner of the Property, this Agreement shall be automatically assigned to such lender upon receipt bythe CRA of written notice by such lender that it desires to be assigned this Agreement and to assume all of the rights and obligations of the Developer under this Agreement. The notice must be received within 90 days of such lender taking possession of or becoming the record owner of the Property. 11) RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of CRA, 01591782-5 1635 DEVELOPER may elect, as its sole option, to terminate this Agreement and refund to the CRA all monies previously received from the CRA for the Project, at which time the parties shall have no further obligations under this Agreement. 12) REPORTING. DEVELOPER shall provide the CRA Board with a report detailing the status of the project and DEVELOPER's compliance with the terms of this Agreement six months after the Effective Date, and at least every six months thereafter until the CRA deems the project complete. Further, DEVELOPER shall, at any time requested by the CRA, appear before the CRA Board and provide any information requested regarding the project. 13) DEFAULT. The failure of Developer to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Developer fails to cure the default within fifteen (15) days of notice from the CRA, the CRA may refuse to make reimbursement payment under this Agreement, or terminate this Agreement and refuse to make any further payment hereunder. Nothing in this Paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Developer's breach or default. If the CRA breaches the Agreement, the CRA shall have fifteen (15) days from the receipt of written notice of such breach to cure the breach. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Project Funding less any portion of the Project Funding already paid to Developer. Any notice of a default shall also be given simultaneously to the Developer's Investor Member identified in Paragraph S of this Agreement and the CRA shall accept a cure from the Investor Member as long as such cure is made on the same time frame as permitted hereunder. 14) TERMINATION. Either of the Parties may elect to terminate this Agreement as a result of default by the other party and failure to cure. If this Agreement is terminated due to default of the Developer, the Developer shall immediately refund to the CRA all funding the CRA previously paid to the Developer pursuant to this Agreement. Otherwise, this Agreement shall automatically terminate after completion of the Project and final payment by the CRA, whichever occurs later. 15) MISCELLANEOUS a p !general,.,This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an 0159vsz-5 1636 original document for all purposes hereunder. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Paragraph shall be deemed to be a reference to the entire Paragraph, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida regardless of conflict of law principles. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. „ utation of Time. Any reference herein to time periods which are not b) C.o.mJ.............w_......w measured in of days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. c) Waiver. Neither the failure of a party to insist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. All waivers by the CRA must be expressly stated in writing. This paragraph shall survive termination of this Agreement. gnstruction of A ree,ment. The Parties to this Agreement, through counsel, have d) Con participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. e) Severability. If any provision of this Agreement or the application thereof shall, for 01591782-5 1637 any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Paragraph shall apply to any amendment of this Agreement. f) Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and DEVELOPER shall control all printed provisions in conflict therewith. g) Waiver.of Jury Trial. As an inducement to DEVELOPER agreeing to enter into this Agreement, DEVELOPER and CRA hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. h) Bance with Laws No Discrimination,. In the performance of this Agreement, Comte.��............................. �........__�._..._ Developer shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. Developer shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its performance under this Agreement. i) Attorneys' FeesmandmCosts. The Parties acknowledge and agree that each Party shall be responsible for its own attorneys' fees and costs incurred in connection with the transaction contemplated by this Agreement. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs, including those at the appellate level. j) Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the DEVELOPER and CRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. k) Survival. The provisions of this Agreement concerning use of the CRA's intellectual property, agents, wavier, and repayment of funds due to Developer's default shall survive the expiration ortermination of this Agreement and remain in full force and effect. 1) Public Records. CRA is public agency subject to Chapter 119, Florida Statutes. The DEVELOPER shall comply with Florida's Public Records Law. Specifically, the DEVELOPER shall: 01591782-5 ,-, LZn o1k,/ 1638 ii) Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; iii) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and iv) Meet all requirements for retaining and providing public records and transfer to the CRA, at no cost, all public records in possession of the DEVELOPER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the CRA. IF THE DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 100 E. Ocean Avenue, eh Floor, Boynton Beach, Florida 33435; or h.i..q � .p' „ . a s. CRA shall, upon request, provide guidance to DEVELOPER as to the public records keeping and reporting duties that are imposed upon DEVELOPER as provided above and shall take all steps reasonably required to assist DEVELOPER in not violating them. The failure of DEVELOPER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. In the event that Developer fails to perform its obligations under this Paragraph 15.1 of this Agreement or otherwise defaults hereunder, upon written notice the Developer shall have thirty (30) days from the date of such notice to cure the default. If Developer fails to cure the default within thirty (30) days then the CRA may terminate this Agreement. Developer understands that the CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. [Remainder of Page Intentionally Blank] 01591782-5 1639 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. DEVELOPER: Wells Landing Apartments LLC, a Florida limited liability company By: Wells Landing Manage,e, LLC, 7 a Florida limited liability company, its Manager ted Name: Lewis V. Swezy, Manager Title: Date: WITN ESS: . . . ...... . .... 6 Printed Name: 01591782-5 CRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Steven B. Grant Title: Chair Date: J_ 1. ............... . .. WITNESS: V"' Printed Name:), 1640 WITNESS: Printed Name: Approved as to form and legal sufficiency: CRA Attorney 01591782-5 WITNESS: Printed Name:° 1641 EXHIBIT A LEGAL DESCRIPTION Property Control Number: 08-43-45-21-25-001-0080 Legal Description: FRANK WEBBER ADD LTS 8 & 9 (LESS S 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0060 Legal Description: FRANK WEBBER ADD LTS 6 & 7 (LESS 5 10 FT RD R/W) BLK 1 Property Control Number: 08-43-45-21-25-001-0040 Legal Description: FRANK WEBBER ADD LTS 4 & 5 (LESS NE 10TH AVE R/W) BLK 1 Property Control Number: 08-43-45-21-24-000-0010 Legal Description: MEEKS ADD TO BOYNTON LT 1 1642 EXHIBIT B ® COMMERCIAL SPACE FLOOR PLAN AND ELEVATIONS 01591782-5 y p ,rkOMY��.�m,,,. 1643 !1Pll N�ttl' M38m2! CY22n, -q mi W w ...... ,��..,.o,�.......r.,,,.,,.,�. ...,.,�, IIIIIIIIIIIII�I IIIIIIIIIIII C Y Z = z q@C w z a i a v g ws�y. n �sa w. .a e6 SSSS xg �'7 I a, o. a � ,... XiaoNf( wmmw�IIMMyWW rl �waXv,nsm C� l If If" 41 u � � w z, e° wo `y n ••°„�.�".,� •m �X3�»..X�w•�m��;�:�,3,, �3 �:�� 1.1644 -q mi W w w z a i a y v g ws�y. n �sa w. .a e6 SSSS xg �'7 I a, o. a � ,... XiaoNf( wmmw�IIMMyWW rl �waXv,nsm C� l If If" 41 u � � w z, e° wo `y n ••°„�.�".,� •m �X3�»..X�w•�m��;�:�,3,, �3 �:�� 1.1644 0 z ZT SM -V zm iz CL 0 OZ _.� _ ............... .................._ III ............ 1645 ❑ 0 z 2! Cj 5 L) '7 pr Ips em+ HAIMUMM" All; 1"I" I" j , LU 1A I J 11�1111; w LU LU wi V) LLI V) U m < 1646 Cj 5 'o fid yo HAIMUMM" All; 1"I" I" j , LU 1A I J 11�1111; w LU LU wi V) LLI V) U m < 1646 7.G Consent Bids and Purchases over $100,000 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Piggyback of Buyboard Contract with Boundtree Medical for the City's medical supplies. Requested Action by Commission: Approve piggyback of Buyboard Contract 704-23 with Boundtree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $150,000. The Buyboard procurement process satisfies the City's competitive bid requirements. Explanation of Request: Contract Term: June 1, 2023 to May 31, 2024 The Buyboard contract offers a percentage discount with Boundtree Medical's catalog to furnish medical supplies and pharmaceuticals for the City's Fire Department. The supplies will be purchased and stocked at the Warehouse. The contract allows for two (2) additional one (1) year renewals. How will this affect city programs or services? Approval for the use of this contract will allow for the City's Fire EMS to access the necessary medical supplies as needed. Fiscal Impact: Funds are budgeted and available for account 502-000-141-0100 for the amount of $150,000. Medical expenditures FY 20/21 expenditures were $98,206.44 FY 21/22 expenditures were $111,812.87 FY 22/23 expenditures to date $69,619.50 Attachments: Award Letter Discounts offered 1647 April 17, 2023 Sent Via Email: Submitbids@Boundtree.com Christopher Fyffe Bound Tree Medical (Bound Tree Medical LLC) 5000 Tuttle Crossing Blvd. Dublin, OH 43016 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award, Proposal Invitation No. 704-23, First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard@ contract based on the above -referenced Proposal Invitation. The contract is effective for an initial one-year term of June 1, 2023, through May 31, 2024, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 704-23 at www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, feel free to contact me at 800-695-2919. Sincerely, Ava Benford, Cooperative Procurement Manager Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative v.02.01.2021 P. 0. Box 400, Austin, Texas 78767-0400 800.695.2919 • buyboard.com 648 0) co 12007 Research Boulevard * Austin, Texas 78759-2439 * PH: 800-695-2919 1 b9jLq4rd,0m 1 i (013 1 (1] Z 1 1, The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). PROPOSAL NOTE: Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or the Proposal will not be considered. Vendors shall submit catalog(s)/pricelist(s) with the Proposal In a readily available and readable electronic format, with Excel or searchable PDF preferred. No DaDer catalpas or manufacturer/vender wphcifpc will ho arrantarl Section I: First Aid Eguloment, Products, and Supplies 1. Discount off catalog/pricelist for First Aid Equipment and Supplies. 2. Discount off catalog/pricelist for First Aid Furniture. 3. Discount off catalog/pricelist for Bleeding Control Stations. 4. Discount off catalog/pricelist for All Other First Aid, Health, and Nursing Products. Section 11: Athletic Trainer/ Rehabilitation Equipment, Products and Supplies 5. Discount (%) off catalog/pricelist for Athletic Trainer/ Rehabilitation Equipment and Supplies. 6. Discount (%) off catalog/pricelist for Athletic Trainer/ Rehabilitation Furniture. 7. Discount (%) off catalog/pricelist for All Other Athletic Trainer/ Rehabilitation Products. Section III: Emergengy Medical Eguipment, Products, and Supplies B. Discount off catalog/pricelist for Emergency Medical Equipment and Supplies. 9. Discount off catalog/pricelist for All Other Emergency Medical Products. 'tion IV: Pharmaceuticals- and Vaccines 10. Discount (%) off catalog/pricelist for Pharmaceuticals and Vaccines. 11. Discount (%) off catalog/pricellst for Intra -Venous Pharmaceutical Supplies. 12. Discount (%) off catalog/pricelist for Drug Testing Kits and Supplies. Section V: Audiology Eaulpment and Other Related Items 13. Discount (%) off catalog/pricellst for Audiology Equipment, Hearing Aids, and Other Related Items. Section VI: Drug/Diagnostic/Laboratory jesting Services 14. Discount (%) off catalog/pricelist for Drug and Alcohol Diagnostic Testing Services (onsite and offsite including laboratory services). Section VII: Installation and Repair S . -ervice 15. Hourly Labor Rate for Installation/ Repair Service of First Aid, Athletic Trainer/ Rehabilitation, and Emergency Medical Equipment and Products - Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 16. Hourly Labor Rate for Installation/ Repair of Audiology Equipment and Products - Not to Exceed hourly labor rate for Installation/ Repair Service of Equipment and Products. Page 38 of 71 PMPMI Forms COMM/SVCS V.0&111021 Percentage Off Overview for BuyBoard 704-23 Section I: First Aid Equipment, Products, and Supplies 28%* First Aid Equipment and Supplies No BidFirst Aid Furniture 28%* _ Bleeding Control Stations 28%* All Other First Aid, Health, and Nursing Products Section II: Athletic Trainer Rehabilitation Equipment, Products, and Supplies 28%* Athletic Trainer Rehabilitation Equipment and Supplies 28%* Athletic Trainer Rehabilitation Furniture 28%* All Other Athletic Trainer Rehabilitation Products Section III: Emergency Medical Equipment, Products, and Supplies 28%* Emergency Medical Equipment and Supplies 28%* All Other Emergency Medical Products Section IV: Pharmaceuticals and Vaccines 28%* Pharmaceuticals and Vaccines 28%* Intra -Venous Pharmaceutical Supplies 28%* _ Drug Testing Kits and Supplies Section V: Audiology Equipment and Other Related Items 28%* Audiology Equipment, Hearing Aids, and Other Related Items Section VI: Drug Diagnostic Laboratory Testing Services 28** Drug and Alcohol Diagnostic Testing Services (onsite and offsite including Supplies Only laboratory services). Section VII: Installation and Repair Service Hourly Labor Rate for Installation/Repair Service of First Aid, Athletic No Bid Trainer/Rehabilitation, and Emergency Medical Equipment and Products Hourly Labor Rate for Installation/Repair of Audiology Equipment and No Bid Products * Some manufacturers in the Category are offered at 10% off List Price. ** We do not offer testing on or off site, but we do offer some testing supplies. Bound Tree Medical, LLC 1650 Bound Tree Yom Paitnei M EMS To Whom It May Concern, 5000 Tuttle Crossing Blvd. Dublin, OH 43016 614.760.5000 www.boundtree.com Please find Bound Tree Medical's proposed discount pricing for BuyBoard Proposal 704-23 for First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment. Bound Tree Medical is pleased to offer 28% off of the current prices from the current Bound Tree Medical Emergency Medical Product Catalog & v�.i �P Iaa�hl e.._ a� . There are a few items and product categories where the discounts listed above cannot be applied, in those cases, the items are either discounted by 10% or excluded. In this way, we ensure Buy Board Members have access to a wide range of products at the best prices. Please find below a list of products that are discounted at 10% or not included in the percentage -off bid: 5.11 TACTICAL LAERDAL (SIMMAN) II SRI i I PVENTATIVE MAINTENANCE REAED'S AMBU (KING VISION) NONIN (CO-PILOT) SERVICE CONTRACTS ESTILL (THERMAL ANGEL) PHILIPS HEALTHCARE (INTELLIVUE) TRAINING COURSES FERNO SAPPHIRE PUMPS AND ACCESSORIES VENDING MACHINE &SOFTWARE KINGFISHER MEDICAL, INC. AMBU (KING VISION) Z-MEDICA (QUIKCLOT) I' LAERDALEXC. SIMMAN AND ACCESSORIES CURAPLEX (KITS) SSCOR, INC. EDUCATION/TRAINING MANIKINS RECERTIFIED EQUIPMENT We are pleased to provide you with a competitive bid for the emergency medical supplies and equipment that you are seeking. Please contact our Bids and Contracts Department at 800-533-0523 with any questions. Thank you. Sincerely, Christopher Fyffe Manager, Bid & Contracts 1651 lA: Consent Bids and Purchases over $100,000 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Task Order UT -3E-07 for West Architecture + Design, LLC to complete design for the Utilities Administration building renovations at 124 East Woolbright Road. Requested Action by Commission: Approve Task Order UT -3E-07 for West Architecture + Design, LLC to provide Architectural and Engineering (Structural and MEP) services to renovate the existing Utilities Administration Building, 124 E. Woolbright Road in the amount of $130,290.00. Explanation of Request: The City obtained a proposal for Task Order UT -3E-07 for West Architecture + Design, LLC to provide Architectural and Engineering (Structural and MEP) services as required to renovate the existing Utilities Administration Building, 124 E. Woolbright Road associated spaces and upgrades to the Utilities Administration Building based on attached proposed floor plans as noted in the scope of work. The building consists of approximately 7,316 SF (1st Floor) and 7,316 SF (2nd Floor). for a total of 14,632 SF, per contract pricing for the approved bid "GENERAL CONSULTING SERVICES; Bid # 046-2821-17/TP" How will this affect city programs or services? Renovations of the Utilities Administration building will allow creating more working space and help Utilities staff perform efficiently and provide required level of service for Utility customers. Fiscal Impact: Design money $130,290.00 is budgeted for Utilities Administration building renovation. Attachments: A23 -011 -BB Utilities Admin Bldg -A_04-11-23 with Fee Summary.pdf 1652 West Project No. A23-011 Title Boynton Beach Utilities Administration Building Renovation Address 124 E. Woolbright Road City, State, Zip Boynton Beach, FL Standard Form of Agreement Between Owner And Architect Architecture Firm Contact Peter Ganci, Assoc. AIA, LEED AP BD+C Title Principal Company West Architecture + Design, LLC Address 820 N 41" St City, State, Zip Lantana, Florida 33462 Phone 561-588-2027 Email pganci(a)_west-arch.com 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. LIMITATIONS OF LIABILITY 5. COMPENSATION 6. SCOPE OF THE AGREEMENT —1—L Gail Mootz Title Maintenance Manager Company City of Boynton Beach Contract Information Boynton Beach Utilities, Administr City Task Order # UT -3E-07 West Contract #. A23 -011-A Issue Date 04-11-23 Subject: Architectural and Engineering Services —1—L Gail Mootz Title Maintenance Manager Company City of Boynton Beach Boynton Beach Utilities, Administr Address: 124 E. Woolbright Rd. City, State, Zip Boynton Beach, Florida 33435 Phone 561-742-6223 Email MootzG@ bfl.us West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 1 of 8 1653 This proposal is in accordance with the terms of the original master services agreement for Continuing General Consulting Services for RFQ#046-2821-17-TP dated: August 22, 2018. The Boynton Beach Utilities Department is requesting a proposal to provide Architectural / Engineering design, permitting, bidding assistance, and basic construction administrative services for the interior renovation to the Utilities Administration Building as defined in the scope of work. ScoDe of work: The proposed scope of work for this project includes but not limited to the following Provide Architectural and Engineering (Structural and MEP) services as required to renovate the existing Utilities Administration Building, associated spaces and upgrades to the Utilities Administration Building based on attached proposed floor plans as noted in scope of work. The building consist of approximately 7,316 SF (1St Floor) and 7,316 SF (2nd Floor). for a total of 14,632 SF. A. A/E Design 1) Task 1 — Enclose the Atrium a) Provide Architectural and Engineering (Structural and MEP) services as required to infill the existing Atrium space (+/- 267 SF) located between the 1St and 2nd floors at the Utilities Administration Building 1) Demolition — all items required to be demolished shall be demolished to accommodate the infilling of the existing atrium space. 2) Walls — i. Shall be provided per the Client's conceptual plan. ii. Fire rating of walls shall be evaluated. 3) Structural — i. Existing floor structural system shall be modified to accommodate the new floor. ii. Existing structural walls shall be evaluated to determine the modifications that shall be necessary to support the new floor. 4) Plumbing — shall be evaluated to determine if any modifications shall be necessary. 5) Mechanical — the existing HVAC system shall be evaluated to accommodate the required air conditioning to the space. 6) Electrical — the existing lighting, power and data shall be modified 7) Fire Alarm — shall be evaluated to determine if any modifications shall be necessary. 8) Fire Sprinkler — system does not exist. We are assuming a new system shall not be required. 9) Security System — the Client shall have their vendor evaluate the existing security system to determined if any modifications shall be necessary. 10) Finishes — all new finishes shall be provided for the floor, walls and ceilings. Final selections shall be coordinated with the Client. 11) Casework — shall be provided as per the Client's conceptual plan. 12) Furniture — the Client's vendor shall provide a final layout and specifications for all the furniture. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 2 of 8 1654 2) Task 2— Interior Renovation a) Provide Architectural and Engineering (Structural and MEP) services as required to renovate the existing Utilities Administration Building, associated spaces and upgrades to the remainder of the Utilities Administration Building based on the Client's conceptual floor plans as noted in scope of work. The scope of work shall be broken up into (4) phases as indicated on the Client's conceptual plans. 1) Demolition — all items required to be demolished shall be demolished to accommodate the renovation of the existing space. 2) Walls — i. Shall be provided per the Client's conceptual plan. ii. Fire rating of walls shall be evaluated. iii. Modifications to walls / room layouts per proposed plans 3) Structural i. Modifications to building roof as necessary to accommodate new roof top equipment (i.e. exhaust for fume hoods) work 4) Plumbing i. Restrooms and Drinking fountains shall be modified per the client's conceptual plan. ii. Other plumbing items shall be evaluated to determine if any modifications shall be necessary. iii. Reconfiguration of the existing plumbing/ drainage, systems as necessary to accommodate new plan layout 5) Mechanical i. The existing HVAC system shall be modified to accommodate the required air conditioning to the renovated space. ii. Evaluation of, removal/ replacement of existing MEP systems (including but not limited to diffusers/ registers, ducts, smoke detectors, electrical devices, etc. as necessary to accommodate the proposed improvements. 6) Electrical i. The existing lighting, power and data shall be modified per the Client's conceptual plans. ii. Modify/ re -configure electrical/ data systems as necessary to accommodate new work/ layout. iii. Replacement of exiting light fixtures with new LED fixtures, existing devices (ceiling/ wall mounted) with new to meet current code throughout the facility (designated scope of work areas). iv. Replacement of all existing data wiring with new throughout the facility. Coordinate with City's I.T. Department — This work shall be coordinated by the City's I.T. Department. 7) DATA i. Min. 2 data jacks per work station / desk. ii. Floor box at conference room with power and 4 network jacks. Provide network jack at ceilings for WAP's and wall jacks for TV monitor. — coordinate locations with City's IT dept. iii. Other locations as directed by City. 8) Fire Alarm i. Shall be modified to accommodate the room changes per the Client's conceptual plans. ii. The Client's vendor shall provide shop drawings for the final system. 9) Fire Sprinkler i. System does not exist. We are assuming a new system shall not be required. 10) Security System i. The Client shall have their vendor evaluate the existing security system to determined if any modifications shall be necessary. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 3 of 8 1655 ii. Provide layout (conduit & boxes only) for Low -Voltage (A/V, Security & access control) equipment as required by the City. Equipment locations and requirements to be coordinated with the City. iii. Existing and new camera locations (conduit & boxes) to be coordinated with the City. 11) Finishes i. All new finishes shall be provided for the floor, walls and ceilings. Final selections shall be coordinated with the Client ii. Replace ceiling tiles/ grid system, lighting, diffusers/ registers, devices, etc. iii. Replace appliances and plumbing fixtures iv. Refinish/ replacement of existing doors/ frames as necessary. 12) Doors i. All metal doors/ frames shall be refinished and repainted or replaced with solid core wood doors. Coordinate with Owner 13) Casework i. Shall be provided as per the Client's conceptual plan. ii. Removal / replacement of casework and floor/ wall finishes at Break room 14) Furniture i. The Client's vendor shall provide a final layout and specifications for all the furniture. 15) Equipment i. Cook top is required at the breakroom. Provide venting / exhaust as necessary to meet code. 16) Roof i. Modifications to building roof as necessary to accommodate new roof top equipment (i.e. exhaust for fume hoods) work 17) Stairs: Analysis of railing at existing stairs to meet code requirements (both stair wells) 18) Restrooms: i. Restrooms to be upgraded to meet code requirements, where noted on the client's conceptual plan — replace fixtures, finishes, lighting, accessories, drinking fountain, etc. 19) Elevator: i. Remove/ Replace finishes at elevator cab, as required. 20) Conceptual Cost Estimate: i. Provide statement of probable construction costs. B. Permitting Assistance: a) Submit digitally signed and sealed drawings for permit review and approval. b) Respond to all applicable permitting agencies comments and revisions to documents as required. C. Bidding Assistance: a) Provide bidding package (Drawings and specifications). City will provide City's special conditions and front ends documents for distribution to bidders. b) PM to attend pre- bid meeting c) Respond to contractor's questions and provide addenda for issuance as necessary. d) Conduct bid evaluation and recommendation as/if required. Construction Administration: (Managed by City) a) Consultant's PM to attend pre -construction Meeting b) Consultants to review and process RFI's, Shop Drawings and Change orders. C) Consultant's PM to attend progress meetings on a monthly basis, conduct site inspection on construction progress for compliance with approved documents and review of pay West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 4 of 8 1656 applications. d) Consultants to Conduct substantial completion inspections (all required disciplines) and provide punch lists. e) Consultants to Conduct final inspection and coordinate project close-out procedures, including warranties, as-built's, maintenance manuals, testing & demonstrations/ training, etc. Notes: 1. Conduct preliminary site visit / walk through / scope verification prior to submitting proposal. 2. Consultants (all disciplines) shall field inspect and verify all existing conditions. 3. The City will be conducting reviews on documents submittals at 30%, 60% & 100% documents. a) Deliverables shall include (2) sets of 24"x36" prints and electronic drawings. 4. Provide Projects design schedule. 5. Construction duration is assumed to be 6 months total — 5 months to substantial completion. Plus 30 days to final. 6. Project shall be designed to meet all applicable code requirements and applicable City Standards. 7. The City will provide pdf drawings of existing building and CAD base plans of existing building and the new layout. 2.1 Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 2.2 The Client shall identify a representative authorized to act on the Client's behalf with respect to the Project. The Client shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.3 The Client shall coordinate the services of its own consultants with those services -provided by the Architect. Upon the Architect's request, the Client shall furnish copies of the scope of consulting services in the contracts between the Client and the Client's consultants. The Client shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Client shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 2.4 The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 5 of 8 1657 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications (as included on the Drawings), and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement, the license granted in this Section shall terminate. 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes, if action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the instruments of Service under this Section. 3.4 Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. A) PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF ARCHITECT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. B) In recognition of the relative risks and benefits of the Project to the Parties, the risks have been allocated such that the Association agrees, to the full extent permitted by law, to limit the liability of Architect and its officers, owners, agents, employees and sub consultants to the total dollar amount paid to the Architect for the approved portions of the Project for any and all claims, losses, costs, damages, of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of Architect and its officers, owners, agents, employees and sub consultants to the Association shall not exceed the total dollar amount paid to the Architect for the approved portions of the Project. Such claims and causes include, but are not limited to, negligence, professional liability, errors and omissions, strict liability, or breach of contract or warranty. 5.1 For the Architect's Scope of Work described under Article 1, the Client shall compensate the Architect as follows: West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 6 of 8 1658 Compensation to be as follows: A. A/E Design 1. Task 1 - Enclosing the Atrium $ 30,650 2. Task 2 — Interior Renovation $ 60,580 B. Permitting Assistance $ 7,740 C. Bidding Assistance $ 8,469 D. Construction Administration $ 22,860 Total $ 130,290 5.1.1 Hourly billing rates for services are set forth below. The rates shall be adjusted in accordance with the consultant's normal review practices. Architecture Firm: Principal: $180/hr.; Project Manager $130/hr.; Senior Architect $120/hr., Architect $100/hr.; Architectural CADD / Technician $80/hr.; Clerical / Administrative $50.00/hr.; Structural Engineer $140/Hr MEP engineer: Principals - $225.00/hr. Project Manager- $195.00/hr., Engineers - $175.00/hr., As -Built drawings- $125.00/hr., Designer- $155.00/hr., Clerical — $65.00/hr. 5.2 ADDITIONAL SERVICES: 5.2.1 Additional Services are not included in Basis Services but may be required for the Project. Such Additional Services may include budget analysis, financial feasibility studies, environmental studies, land surveying, civil engineering, land planning services, landscape design, telecommunications/data, security, measure drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation, value analysis, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning , environmentally responsible design beyond Basis Services, LEED® Certification, fast —track design services, obtaining liquor licenses, obtaining business licenses and any other services not otherwise include in this agreement. 5.2.2 Additional Services may be provided after execution of this agreement, without invalidating the Agreement. Any Additional Services provide in accordance with this Section shall entitle the Architect to compensation pursuant to Section 5.1.1. 5.2.3 The Architect shall review and evaluate Contractor's proposals, and if necessary, prepare Drawings and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives. These documents and date prepared by the Architect shall be an Additional Service. 5.3 EXPENSES Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1. Included shall be (2) sets of 24"x36" prints and electronic files for each review phase (30%, 60% and 100%). Any additional requested sets of 2436 prints, shall be invoiced at $2.50 per sheet. 2. Transportation and authorized out-of-town travel and subsistence; 3. Long distance services, dedicated data and communication services, teleconferences, Project West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 7 of 8 1659 Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Postage, handling and delivery; 6. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client; 7. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client; 8. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by the Architect's consultants; 9. All taxes levied on professional services and on reimbursable expenses; 10. Site office expenses; and 11. Other similar Project -related expenditures. 5.3.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent (10%) of the expenses incurred. 5.4 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Client terminates the Architect for its convenience or the Architect terminates this Agreement, the Client shall pay a licensing fee as compensation for the Client's continued use of the Architect's Instruments of Service solely for purposes of the Project. 5.5 PAYMENTS TO THE ARCHITECT 5.5.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) Days after the invoice submittal shall bear interest at the rate of one point five percent (1.5%) per month. 5.5.2 The Client shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 6.1 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Architect. This Agreement entered into as of the day and year first written above, Client: City of Boynton Beach Boynton Beach Utilities, Administration Gail Mootz Maintenance Manager Architect: West Architecture + Design, LLC Peter Ganci, Assoc. AIA, LEED AP BD+C Principal (Signature) (Date) (Signature) West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 8 of 8 (Date) 1660 L N U y0 6 In M M N N O m L C') (Np - M N S C O J 1 LL r CD C 0 L r O O U Lr) W m c C T 7 O 0 m w E w z a N 6 R 07 Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H O N M O w t (O m-4 7 N w m (O N W (O N 7 0 V M V (O O CO G V N V (O O) (O M M N W 7 Q N V N N - M 00 N V (O M (O N M M V (O N r 69 (fl EA (fl la (A ER W. UT W. (R (A KT (A Uf l (A KT (fl K3 (f3 w 0 0 0 0 0 Cl Cl 0 0 O O O 0 0 0 C. 0 C. O O O O O O O O O O O O 0 0 6 O O O O O O O O O O O O W M 7 W M 7 [O M V W M V W M 7 EA 6i (f3 &f fH 6i1 63 fR 63 63 EiJ 63 EA H) (A i-00 0 0 O O O O O O 0 0 0 0 0 0 Ir 0 0 0 O O O O O O O O O Cl 0 0 O 0 0 0 O O O O O O O O O V 00 O = C N V N O U L r o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 y 0 0 0 0 0 0 O O O O O O 0 0 0 0 a 0 0 0 0 0 0 O O O N N N O O O r r C v a M i O1 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 O w 0 0 0 O O O W 7 N O O O O O O w = a 3 0 w C O o 0 O O o 0 0 0 O o 0 0 0 0 Y 0 0 0 0 0 0 O O O O O O 0 0 0 N ID CO 00 CA CN, O O O O O O (D O O m � � T 0 O E 7-0 - 0) N O- O) N O- O) N O- O) N d 01 N C 7 U 07 C C U M C () N C () N C - U N C 'i C C '� O C C '� C C '� C C '� O C C� ¢a`�w ioa`Mw aMw a`�w Raw w > O` U [6 (Lj U f6 U + 0 0 c w� w� �Q'o w Q'o Q'o wa'o Q'o r'1- 2 d` Lcl) w 2 c = Q w Q Q y Q O Q L 111 C a7 a ` +O-' N C N Y Y E a O v 10.A Unfinished Business 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Continue discussion & selection of Ukraine Sister City. Requested Action by Commission: Tabled from the April 18, 2023 City Commission Meeting. Explanation of Request: The City Commissioners requested that Staff look into a Sister Cities connection with a city in Ukraine. How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. 1662 iiMw_1 New Business 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Discussion regarding Ordinance for giving preference to local businesses. Requested Action by Commission: Discussion requested by Commissioner Cruz. Explanation of Request: N/A How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: 10. 16.01 Procedures for Local Business Preference.pdf 1663 CHAPTER: 10 SECTION: 16 SUBJECT: 01 PURPOSE: CITY OF BOYNTON BEACH ADMINISTRATIVE POLICY MANUAL Purchasing Local Business Preference POLICY NO: 10. 16.01 PAGE: Page 1 of 4 Procedures for Local Business Preference To provide locally owned and operated companies a competitive advantage when the City is procuring goods and services. POLICY: To provide economic incentive to businesses that maintain a physical location in the City and a valid City business tax receipt. (A) Definition of a Local Business. A "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing physical address. Home offices shall be considered as business locations if they otherwise meet all requirements of this Policy. (B) Certification. Any vendor claiming to be a Local Business shall file a Certification Statement with the City's Financial Services Department, Purchasing Services. The certification shall be filed prior to or simultaneous with that vendor's response to a Competitive Bid where local preference is permitted. All solicitations by the City shall indicate if local preference is available. The Financial Services Department, Purchasing Services shall not have an obligation to verify the accuracy of any such certifications and shall have the sole discretion to determine if a vendor meets the definition of a Local Business as provided herein. (C) Qualification selection pursuant to Sealed Competitive Method. (1) Competitive Bids. For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive Policy 10.16.01 - Local Business Preference. Page 1 of 4 1664 bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. (i) For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, as provided in Sec. 10.07, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. (i) Local Preference shall not be applied when its application would result in an award which exceeds the otherwise lowest responsive, responsible bidder by 5% or $5,000 whichever is lower. (ii) For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, as provided in Sec. 10.07, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference. (D) To the extent practicable, for all acquisitions not made pursuant to the Sealed Competitive Method provided in Sec. 10.00, City departments and staff are strongly encouraged to utilize Local Businesses if they otherwise meet purchasing policy requirements. (E) The City Manager or City Commission may decide to allow a project that would normally be competitively bid as a whole to be broken into segments in order to provide opportunities for local vendors. (F) Exclusions. The preferences established herein in no way limits the rights and discretion of the City to: evaluate bids and proposals for responsiveness and responsibility; compare quality of materials and services proposed; or apply other factors that may be relevant to the award decision. Notwithstanding anything to the contrary set forth in any policy adopted by the City, the local business preference shall not be applied to: (1) Goods or services provided under a cooperative purchasing agreement or the utilization of other governmental entities' contracts; (2) Contracts for professional services subject to the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; Policy 10.16.01 - Local Business Preference. Page 2 of 4 1665 (3) Purchases or contracts which are funded, in whole or in part, by a government entity or other entity or grant program in which the laws, regulations or policies governing such funding prohibit application of local preference. (4) Purchases under emergency or noncompetitive situations exempt from competition. (5) Purchases of goods and/or services in which such preference is prohibited by law, contract or other regulation applicable to the City. (6) Competitive solicitations that have been determined by the City Manager to be in the best interest of the City to waive the local business preference prior to the advertisement of the solicitation. (G) Certification Statement When seeking local business preference status, an applicant must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of [NAME OF 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. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located Yes No Number of Years: within the City limits of Boynton Beach, Florida? (2) Does the business have a Yes No Business License Number: business tax receipt issued in the current ear? (3) Is the business registered Yes No with the Florida Division o Corporations? 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 the business is required to notify the City in writing should it cease to qualify as a local business. Policy 10.16.01 - Local Business Preference. Page 3 of 4 1666 PREPARED BY: Procurement Services EFFECTIVE DATE: August 15, 2017 REVISED: Lori GaVerriere Lori LaVerriere City Manager Policy 10.16.01 - Local Business Preference. Page 4 of 4 1667 i smV New Business 05/16/2023 Discussion Regarding Minimum Unit Size. Requested Action by Commission: Staff has completed a preliminary review of near -by municipality regulations as they relate to minimum unit sizes for multifamily and mixed-use projects, requested by Commissioner Cruz. Explanation of Request: This item was previously added to the list of Future Agenda Items and requested to be discussed by the City Commission. Planning staff has prepared this analysis to be discussed with the City Commission. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Regulation Comparison Chart Staff Presentation on Research 1668 w N w a _ N C 7 m d w a) O N X E j5 p m @ � ] O m C a 7 m'N O E E ° Q O a) a) C .T. w Q C n0 Q .. aN N 'E p N m > m Lo 0 a N o a a) m 6° Q0) 0 @ 0 -p a) n C @ @ C> C C 4 m U C E C, W m a) w apace 'E w 0 a)ao O. 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LO CDco C.0 I w CD C. 0 c0 0 02 m 0 CK nCCffi F.a) 0 r 0 ('D r.n 0 0 E (D ::3 1 r. 0 2D r..,.n cE a) r. 0 f 2) M. E m no 0 r Cz ID Do > Y) W .13 r (D E Do 0 -5. Do CD cru CD E CD CD II I n CD oCX) CO CD FBI . ............. ........... I w CD C. 0 c0 0 02 m 0 CK nCCffi F.a) 0 r 0 ('D r.n 0 0 E (D ::3 1 r. 0 2D r..,.n cE a) r. 0 f 2) M. E m no 0 r Cz ID Do > Y) W .13 r (D E Do 0 -5. Do E n I w CD cc 0 Cn: E (D m cl n (D r..,.n C, 0 0 .......... (D 0 ::3 MG I 0 rn ......C, .... C.2 0 0 0 nn (D m E (D M. C. 'tf X m (D > CGi0 CD cru CD CD a) n CD II ........... CD C) ........... ........... I w CD cc 0 Cn: E (D m cl n (D r..,.n C, 0 0 .......... (D 0 ::3 MG I 0 rn ......C, .... C.2 0 0 0 nn (D m E (D M. C. 'tf X m (D > CGi0 n 12.A Legal 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Ordinance No. 23-009- First Reading- Towing Services Administrative Charge. Requested Action by Commission: Amending Chapter 14 "Motor Vehicles and Traffic" by creation of Section 14-5.1. Title "Towing Services Administrative Charge." Explanation of Request: As recent state legislation no longer permits Florida municipalities from negotiating a franchise fee for contracted towing services, the Police Department proposes the ratification of the attached ordinance in order to collect the statutorily allowed administrative fee. The funds derived will be used to assist with defraying costs associated with towing services such as long-term storage fees of vehicles involved in criminal incidents, assisting with towing fees levied against innocent victims, and the future construction of a City maintained vehicle storage facility. SUMMARY EXPLANATION AND BACKGROUND: 1. House Bill ("HB") 133, related to towing and immobilization of vehicles and vessels was signed into law by Governor DeSantis and became effective on October 1, 2020. 2. HB 133, codified as Florida Statutes 166.04465, prohibits a municipality from enacting an ordinance that imposes a fee, charge, cost, expense, fine or penalty on an authorized wrecker operator or towing business for towing, impounding, or storing a vehicle or vessel. Therefore, the City currently receives no compensation for providing towing services. 3. Florida Statutes 166.04465, permits the imposition of a reasonable administrative fee or charge for towing services, limited to 25% of the maximum towing rate to cover the cost of enforcement, including parking enforcement by a municipality when the vehicle is towed from public property. This fee is to be collected from the vehicle owner by the towing contractor and forwarded to the City monthly. 1677 4. Palm Beach County established maximum towing rates per §19-198 of the Palm Beach County Code, the towing industry fees are reviewed periodically by Palm Beach County. 5. Based on the current maximum towing rates, it is estimated that the City would receive approximately $65,000 to $80,000 in revenues per year from a 25% Administrative Fee. 6. The City desires to establish a reasonable administrative fee for towing services which shall be a flat fee equal to 25% of the initial hookup fee as set by the Palm Beach County towing rates as may be amended from time to time, to cover the cost of towing enforcement when vehicles are towed from public property by amending the City's Code of Ordinances to establish Florida Statutes 72.09, entitled "Towing Services Administrative Charge." How will this affect city programs or services? The City will benefit with the fees collected, as funds will be used to assist innocent victims cover towing and storage fees of their vehicles. It will potentially allow us to build our own evidentiary vehicle storage facility which will create better chain of custody ensuring greater prosecution outcomes. Fiscal Impact: This is a revenue generating line item to the budget. Attachments: Ordinance 23-009 Towing_Services_Admin._00545083xC4B6A_.pdf Tow Ordinance Memo.docx Palm Beach County Maximun Non -Consent Towing Rates (00549160xC4B6A).pdf Towing and Immobilizing Vehicle Laws 2020-174.pdf (00549167xC4B6A).pdf 1678 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 23-009 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 14 ENTITLED "REGULATORY TRAFFIC CONTROL"; BY CREATING SECTION 14-5.1 "TOW SERVICES ADMINISTRATIVE CHARGE", ESTABLISHING AN ADMINISTRATIVE CHARGE FOR TOWING SERVICES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, House Bill ("HB") 133, related to towing and immobilization of vehicles and vessels was signed into law by Governor DeSantis and became effective on October 1, 2020; and WHEREAS, HB 133, codified as § 166.04465, Florida Statutes, prohibits a municipality from enacting an ordinance that imposes a fee, charge, cost, expense, fine or penalty on an authorized wrecker operator or towing business for towing, impounding, or storing a vehicle or vessel; and WHEREAS, § 166.04465, Florida Statutes, permits the imposition of a reasonable administrative fee or charge for towing services, limited to twenty-five percent (25%) of the maximum towing rate to cover the cost of enforcement, including parking enforcement by a municipality when the vehicle is towed from public property; and WHEREAS, Palm Beach County, Florida authorized the establishment maximum towing rates per §19-198 of the Palm Beach County Code which have been established by resolution, which may be amended from time to time; and WHEREAS, the City desires to establish a reasonable administrative fee for towing services which shall be equal to twenty-five percent (25%) of the Palm Beach County towing rates as may be amended from time to time, to cover the cost of towing enforcement when vehicles are towed from public property; and {00545093.1 306-9001921 } 1 1679 31 WHEREAS, the City desires to amend the City of Boynton Beach Code of 32 Ordinances to establish § 14-5.1, entitled "Towing Services Administrative Charge"; and 33 WHEREAS, the Mayor and the City Commission of the City of Boynton Beach 34 hereby finds that it is in the best interest of the citizens and residents of the City of Boynton 35 Beach, Florida to approve the Ordinance to the City's Code of Ordinances and as contained 36 herein. 37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing whereas clauses are true and correct and are now ratified 40 and confirmed by the City Commission. 41 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 14 "Motor 42 Vehicles and Traffic" is hereby amended by creating Section 14-5.1, "Stopping, Standing, 43 Parking, or Storage Prohibited in Specified Places" as follows: 44 04-5.1 TOWING SERVICES ADMINISTRATIVE CHARGE 45 (A) Definitions. As used in this section, the following words and terms shall have 46 the following meanings: 47 (1) Administrative Charge: a financial charge imposed on the registered 48 owner or other legally authorized person or entity of a motor vehicle or vessel to 49 cover the cost of enforcement, including parking enforcement, by the municipalitX 50 when the vehicle or vessel is towed from public property. 51 (2) Towing Business: a business entity that provides towing and/or 52 wrecker services for monetary gain within the City pursuant to a Towing Services 53 Agreement whom may impose and collect the Administrative Charge on behalf of 54 the City and remit such charge to the City after it is collected. 55 (3) Towing Services Agreement: an agreement between the City of {00545093.1 306-9001921 } 2 1680 56 Boynton Beach and a Towing Business that authorizes the Towing Business to 57 provide services for private vehicles or vessels ordered towed by the City within the 58 limits of the City and during designated periods of time. 59 (4) Maximum Towing Rate: the maximum towing rate(s) established by 60 Palm Beach County, Florida, as may be amended from time to time. 61 (B) Towing Services Administrative Charge: The City Commission hereby 62 authorizes the imposition of an Administrative Charge upon the registered owner or other 63 lecally authorized person or entitv in control of a vehicle or vessel when a vehicle or vessel 64 is towed from public nronerty. 65 (1) The Administrative Charge shall be up to twent3L-five (25%)percent 66 of the Maximum Towing Rate to be used to offset the various costs of the City 67 concerning _ towing owing related activities. 68 (2) As directed by the City Commission, a Towing Business pursuant to a 69 Towing Services Agreement may impose and collect the Administrative Charge on 70 behalf of the City of Boynton Beach and shall remit such fee or charge to the City 71 monthly. on or before the fourteenth (14th) day of the month followinc collection. 72 Section 3. Each and every other provision of the City's Code of Ordinances not 73 herein specifically amended, shall remain in full force and effect as originally adopted. 74 Section 4. All laws and ordinances applying to the City of Boynton Beach in 75 conflict with any provisions of this ordinance are hereby repealed. 76 Section 5. Should any section or provision of this Ordinance or any portion 77 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 78 affect the remainder of this Ordinance. 79 Section 6. Authority is hereby given to codify this Ordinance. 80 Section 7. This Ordinance shall become effective immediately. 100545093.1 306-9001921 } 3 1681 81 FIRST READING this 16th day of May, 2023. 82 SECOND, FINAL READING AND PASSAGE this day of , 2023. 83 CITY OF BOYNTON BEACH, FLORIDA 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Mayor — Ty Penserga Vice Mayor — Thomas Turk -in Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) 100545093.1 306-9001921 } M YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 1682 Joseph DeGiulio Chief of Police Ordinance Proposal As recent state legislation no longer permits Florida municipalities from negotiating a franchise fee for contacted towing services, the Police Department proposes the ratification of the attached ordinance in order to collect the statutorily allowed administrative fee. The funds derived will be used to assist defray costs associated with towing services such as long-term storage fees of vehicles involved in criminal incidents, assisting with towing fees levied against innocent victims, and the future construction of a City maintained vehicle storage facility. SUMMARY EXPLANATION AND BACKGROUND: 1. House Bill ("HB") 133, related to towing and immobilization of vehicles and vessels was signed into law by Governor DeSantis and became effective on October 1, 2020. 2. HB 133, codified as § 166.04465, Florida Statutes, prohibits a municipality from enacting an ordinance that imposes a fee, charge, cost, expense, fine or penalty on an authorized wrecker operator or towing business for towing, impounding, or storing a vehicle or vessel. Therefore, the City currently receives no compensation for providing towing services. 3. § 166.04465, Florida Statutes, permits the imposition of a reasonable administrative fee or charge for towing services, limited to 25% of the maximum towing rate to cover the cost of enforcement, including parking enforcement by a municipality when the vehicle is towed from public property. This fee is to be collected from the vehicle owner by the towing contractor and forwarded to the City monthly. 4. Palm Beach County established maximum towing rates per §19-198 of the Palm Beach County Code, the towing industry fees are reviewed periodically by Palm Beach County. 5. Based on the current maximum towing rates, it is estimated that the City would receive approximately $65,000 to $80,000 in revenues per year from a 25% Administrative Fee. 6. The City desires to establish a reasonable administrative fee for towing services which shall be a flat fee equal to 25% of the initial hookup fee as set by the Palm Beach County towing rates as may be amended from time to time, to cover the cost of towing enforcement when vehicles are towed from public property by amending the City's Code of Ordinances to establish § 72.09, entitled "Towing Services Administrative Charge." Professionalism - Respect - Integrity ,,. Dedication � Excellence www.bbpd.org 1683 Palm Beach County Current Maximum Non -Consent Towing Rates Rate Type Rate Private Property Impound Tow Class A Flat Rate $123 Class B Flat Rate $217 Class C Flat Rate $308 Class D Flat Rate $308 No other fees may be imposed for the first 24 hours the vehicle is in the care, custody and control of the towing operator, except: a) applicable storage fees may be charged after the proper police authority has been notified and the vehicle has been in the possession of the towing operator for at least 6 hours and b) "extra time at scene" when a law enforcement agency is called/involved and when the officer's name and badge number and detailed explanation is provided. Police Directed Tow Class A $167 Class B $248 Class C — applies to non-commercial vehicles only $370 Class D — applies to non-commercial vehicles only $530 Per mile fee for Police Directed Tow Class A $7.50 Class B $8.50 Class C $10.00 Class D $12.50 Daily outdoor storage - vehicles 25' or less after first 6 hours $25 Daily outdoor Storage — vehicles longer than 25' after first 6 hours $35 Daily outdoor storage - motorcycles, ATV=s, scooters, other small $15 personal vehicles after first 6 hours. *Daily indoor storage - vehicles 25' or less after first 6 hours. $35 *Daily indoor storage - vehicles longer than 25' after first 6 hours. $50 Applies to non-commercial vehicles only. *Daily indoor storage - motorcycles, ATV=s, scooters, other small $20 personal vehicles after first 6 hours. 1684 Palm Beach County Current Maximum Non -Consent Towing Rates Effective March 1, 2015 Page 2 of 2 Rate Type Rate Drop Charge — When the vehicle/vessel owner or authorized One-half of driver/agent arrives at the scene prior to the vehicle/vessel being removed the posted rate or towed from the property, the vehicle/vessel shall be disconnected from for such the towtruck and the vehicle/vessel owner or authorized driver/agent shall towing service be allowed to remove the vehicle/vessel without interference upon payment of a reasonable service fee of not more than one-half of the posted rate for such towing service. Administrative/Lien Fee - after 24 -hours, from time of police report. $50 Maximum Must show proof that lien letter(s) have been prepared with appropriate flat fee names/addresses included and that fees have been expended. After Hour Gate Fee — may not be applied between the hours of 8 $35 a.m. and 6 p.m. Monday through Friday (excluding federal holidays) and not for 6 hours after a vehicle has been impounded all other times when: a. Impounded vehicles/vessel are recovered by the owner or authorized driver/agent; or b. The owner or authorized driver/agent wishes to recover property from an impounded vehicle/vessel. Extra Time at Scene - First one-half hour to be included in the 25% of initial cost per call. Charges are 15 minute intervals. All extra applicable time/labor shall be documented by the towtruck operator and shall towing fee in 15 minute intervals. include the name of the law enforcement agency and the law enforcement agency case number or the officer's name and badge number. The documentation shall also include a detailed explanation of the services rendered which necessitated the charges and if possible photographs of the scene. Underwater Recovery - Performed by a certified/ professional $100 plus cost diver with the written documentation and approval by the per hour investigating law enforcement agency/ officer. (port -to -port) Hazardous material clean-up and disposal as required, mandated Towing and/or licensed through state or local laws and approved by the Company investigating law enforcement agency/officer. prevailing rates The above maximum rates are not mandated by Palm Beach County, but they cannot be exceeded. R:IConsumerAffairslTOWING 12020 MaximumNonConsentTowRates.docx 1685 CHAPTER 2020-174 Committee Substitute for Committee Substitute for House Bill No. 133 An act relating to towing and immobilizing vehicles and vessels; amending ss. 125.0103 and 166.043, F.S.; authorizing local governments to enact rates to tow or immobilize vessels on private property and to remove and store vessels under specified circumstances; creating ss. 125.01047 and 166.04465, F.S.; prohibiting counties or municipalities from enacting certain ordinances or rules that impose fees or charges on authorized wrecker operators or towing businesses; defining the term "towing business"; providing exceptions; amending s. 323.002, F.S.; prohibiting counties or municipalities from adopting or maintaining in effect certain ordinances or rules that impose charges, costs, expenses, fines, fees, or penalties on registered owners, other legally authorized persons in control or the lienholder of a vehicle or vessel under certain conditions; providing providing applicability; amending s. 713.78, F.S.; authorizing certain persons to place liens on vehicles or vessels to recover specified fees or charges; revising the timeframe within which the notice of sale must be sent to certain entities; amending s.715.07, F.S.; revising a requirement regarding notices and signs concerning the towing or removal of vehicles or vessels; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (b) and (c) of subsection (1) of section 125.0103, Florida Statutes, are amended to read: 125.0103 Ordinances and rules imposing price controls; findings re- quired; procedures.— (1) (b) The provisions er This section does shall not prevent the enactment by local governments of public service rates otherwise authorized by law, including water, sewer, solid waste, public transportation, taxicab, or port rates, rates for towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, or rates for removal and storage of wrecked or disabled vehicles or vessels from an accident scene or the removal and storage of vehicles or vessels in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. (c) Counties must establish maximum rates which may be charged on the towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, removal and storage of wrecked or disabled vehicles or vessels from an accident scene or for the removal and storage of vehicles or 1 CODING: Words strieken are deletions; words underlined are additions. 1686 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. However, if a municipality chooses to enact an ordinance establishing the maximum rates fees for the towing or immobilization of vehicles or vessels as described in paragraph (b), the county's ordinance shall not apply within such municipality. Section 2. Section 125.01047, Florida Statutes, is created to read: 125.01047 Rules and ordinances relating to towing services.— (1) A county may not enact an ordinance or rule that would impose a fee or charge on an authorized wrecker operator, as defined in s. 323.002(1), or on a towing business for towing, impounding, or storing a vehicle or vessel. As used in this section, the term "towing business" means a business that provides towing services for monetary gain. (2) The prohibition set forth in subsection (1) does not affect a county's authority to: (a) Levy a reasonable business tax under s. 205.0315, s. 205.033, or s. 205.0535. (b) Impose and collect a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the county when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the county and shall remit such fee or charge to the county only after it is collected. (3)(a) This section does not apply to a towing or immobilization licensing regulatory, or enforcement program of a charter county in which at least 90 percent of the population resides in incorporated municipalities, or to a charter county with at least 38 incorporated municipalities within its territorial boundaries as of January 1, 2020. This section does not affect a charter county's authority to: 1. Impose and collect towing operating license fees, license renewal fees, license extension fees, expedite fees, storage site inspection or reinspection fees, criminal background check fees, and tow truck decal fees, including decal renewal fees, expedite fees, and decal replacement fees. 2. Impose and collect immobilization operating license fees, license extension fees, license renewal fees, expedite fees, and criminal background check fees. 3. Set maximum rates for the towing or immobilization of vehicles or vessels on private property, including rates based on different classes of 2 CODING: Words strieken are deletions; words underlined are additions. 1687 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 towing vehicles, research fees, administrative fees, storage fees, and labor fees; rates for towing services performed or directed by governmental entities; road service rates; winch recovery rates; voluntary expediting fees for vehicle or vessel ownership verification; and to establish conditions in connection with the applicability or payment of maximum rates set for towing or immobilization of vehicles or vessels. 4. Impose and collect such other taxes, fees, or charges otherwise authorized by general law, special law, or county ordinance, resolution, or regulation. (b) A charter county may impose and collect an administrative fee or charge as provided in paragraph (2)(b) but may not impose such fee or charge on a towing business or an authorized wrecker operator. If the charter countyimposessuch administrative fee or charge, the charter county may authorize a towing business or authorized wrecker operator to impose and collect such fee or charge on behalf of the county, and the towing business or authorized wrecker operator shall remit such fee or charge to the charter county only after it is collected. (4)(a) Subsection (1) does not apply to a charter county that had a towing licensing, regulatory, or enforcement program in effect on January 1, 2020. However, such charter county may not impose any new business tax, fee, or charge that was not in effect as of January 1, 2020, on a towing business or an authorized wrecker operator. (b) A charter county may impose and collect an administrative fee or charge as provided in paragraph (2)(b); however, it may not impose that fee or charge upon a towing business or an authorized wrecker operator. If such charter county imposes such administrative fee or charge, such fee or charge must be imposed on the registered owner or other legally authorized person in control of a vehicle or vessel. The fee or charge may not exceed 25 percent of the maximum towing rate to cover the cost of enforcement, including parking enforcement, by the charter county when the vehicle or vessel is towed from public property. The charter county may authorize an authorized wrecker operator or towing business to impose and collect the administrative fee or charge on behalf of the charter county, and the authorized wrecker operator or towing business shall remit such fee or charge to the charter county only after it is collected. (c) For purposes of this subsection, the term "charter county" means a county as defined in s. 125.011(1). Section 3. Paragraphs (b) and (c) of subsection (1) of section 166.043, Florida Statutes, are amended to read: 166.043 Ordinances and rules imposing price controls; findings required; procedures.— (1) CODING: Words strieken are deletions; words underlined are additions. 1688 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 (b) The provisions o This section does shall not prevent the enactment by local governments of public service rates otherwise authorized by law, including water, sewer, solid waste, public transportation, taxicab, or port rates, rates for towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, or rates for removal and storage of wrecked or disabled vehicles or vessels from an accident scene or the removal and storage of vehicles or vessels in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. (c) Counties must establish maximum rates which may be charged on the towing of vehicles or vessels from or immobilization of vehicles or vessels on private property, removal and storage of wrecked or disabled vehicles or vessels from an accident scene or for the removal and storage of vehicles or vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. However, if a municipality chooses to enact an ordinance establishing the maximum rates fee -s for the towing or immobilization of vehicles or vessels as described in paragraph (b), the county's ordinance established under s. 125.0103 shall not apply within such municipality. Section 4. Section 166.04465, Florida Statutes, is created to read: 166.04465 Rules and ordinances relatin-' to towine' services. - 1) A municibality may not enact an ordinance or rule that would imbose a fee or charge on an authorized wrecker operator, as defined in s. 323.002(1), or on a towing business for towing, impounding or storing a vehicle or vessel. As used in this section, the term "towing business" means a business that provides towing' services for monetary Lain. (2) The prohibition set forth in subsection (1) does not affect a municipality's authority to: (a) Levy a reasonable business tax under s. 205.0315, s. 205.043, or s. 205.0535. (b) Impose and collect a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the municipality when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the municipality and shall remit such fee or charge to the municipality only after it is collected. 4 CODING: Words strieken are deletions; words underlined are additions. 1689 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 Section 5. Subsection (4) of section 323.002, Florida Statutes, is renumbered as subsection (6), and new subsections (4) and (5) are added to that section to read: 323.002 County and municipal wrecker operator systems; penalties for operation outside of system.— (4)(a) Except as provided in paragraph (b), a county or municipality may not adopt or maintain in effect an ordinance or rule that imposes a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator, the registered owner or other legally authorized person in control of a vehicle or vessel, or the lienholder of a vehicle or vessel when the vehicle or vessel is towed by an authorized wrecker operator under this chapter. (b) A county or municipality may adopt or maintain an ordinance or rule that imposes a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel that is towed by an authorized wrecker operator, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the county or municipality when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the county or municipality and shall remit such fee or charge to the county or municipality only after it is collected. (5) Subsection (4) does not apply to the towing or immobilization licensing, regulatory, or enforcement program of a charter county described in s. 125.01047(3) or (4). Such charter county may impose a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator in connection with a violation of the towing or immobilization program requirements as set forth by ordinance, resolution, or regulation. Section 6. Subsections (2) and (6) of section 713.78, Florida Statues, are amended to read: 713.78 Liens for recovering, towing, or storing vehicles and vessels. (2) Whenever a person regularly engaged in the business of transporting vehicles or vessels by wrecker, tow truck, or car carrier recovers, removes, or stores a vehicle or vessel upon instructions from: (a) The owner thereof; (b) The owner or lessor, or a person authorized by the owner or lessor, of property on which such vehicle or vessel is wrongfully parked, and the removal is done in compliance with s. 715.07; (c) The landlord or a person authorized by the landlord, when such motor vehicle or vessel remained on the premises after the tenancy terminated and the removal is done in compliance with s. 83.806 or s. 715.104; or 5 CODING: Words strieken are deletions; words underlined are additions. 1690 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 (d) Any law enforcement agency, she or he shall have a lien on the vehicle or vessel for a reasonable towing fee, for a reasonable administrative fee or charge imposed by a county or municipality, and for a reasonable storage fee; except that ane storage fee may not shill be charged if the vehicle or vessel is stored for fewer less than 6 hours. (6) A vehicle or vessel that is stored pursuant to subsection (2) and remains unclaimed, or for which reasonable charges for recovery, towing, or storing remain unpaid, and any contents not released pursuant to subsection (10), may be sold by the owner or operator of the storage space for such towing or storage charge 35 days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is more than 3 years of age or 50 days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is 3 years of age or less. The sale shall be at public sale for cash. If the date of the sale was not included in the notice required in subsection (4), notice of the sale shall be given to the person in whose name the vehicle or vessel is registered and to all persons claiming a lien on the vehicle or vessel as shown on the records of the Department of Highway Safety and Motor Vehicles or of any correspond- ing agency in any other state in which the vehicle is identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being titled. Notice of the sale must be sent by certified mail. The notice must have clearly identified and printed, if the claim of lien is for a motor vehicle, the last 8 digits of the vehicle identification number of the motor vehicle subject to the lien, or, if the claim of lien is for a vessel, the hull identification number of the vessel subject to the lien, in the delivery address box and on the outside of the envelope sent to the registered owner and all other persons claiming an interest therein or lien thereon. The notice must be sent to the owner of the vehicle or vessel and the person having the recorded lien on the vehicle or vessel at the address shown on the records of the registering agency at least 30 3-5 days before the sale of the vehicle or vessel. The notice must state the name, physical address, and telephone number of the lienor, and the vehicle identification number if the claim of lien is for a vehicle or the hull identification number if the claim of lien is for a vessel, all of which must also appear in the return address section on the outside of the envelope containing the notice of sale. After diligent search and inquiry, if the name and address of the registered owner or the owner of the recorded lien cannot be ascertained, the requirements of notice by mail may be dispensed with. In addition to the notice by mail, public notice of the time and place of sale shall be made by publishing a notice thereof one time, at least 10 days before the date of the sale, in a newspaper of general circulation in the county in which the sale is to be held. The proceeds of the sale, after payment of reasonable towing and storage charges, and costs of the sale, in that order of priority, shall be deposited with the clerk of the circuit court for the county if the owner or lienholder is absent, and the clerk shall hold such proceeds subject to the claim of the owner or lienholder legally entitled thereto. The clerk shall be entitled to receive 5 percent of such proceeds for the care and 6 CODING: Words strieken are deletions; words underlined are additions. 1691 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 disbursement thereof. The certificate of title issued under this law shall be discharged of all liens unless otherwise provided by court order. The owner or lienholder may file a complaint after the vehicle or vessel has been sold in the county court of the county in which it is stored. Upon determining the respective rights of the parties, the court may award damages, attorney fees, and costs in favor of the prevailing party. Section 7. Subsection (2) of section 715.07, Florida Statutes, is amended to read: 715.07 Vehicles or vessels parked on private property; towing. (2) The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage, under any of the following circumstances: (a) The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to substantial striet compliance with the following conditions and restrictions: La. Any towed or removed vehicle or vessel must be stored at a site within a 10 -mile radius of the point of removal in any county of 500,000 population or more, and within a 15 -mile radius of the point of removal in any county of fewer less than 500,000 population. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in violation of this section. b. If no towing business providing such service is located within the area of towing limitations set forth in sub -subparagraph a., the following limitations apply: any towed or removed vehicle or vessel must be stored at a site within a 20 -mile radius of the point of removal in any county of 500,000 population or more, and within a 30 -mile radius of the point of removal in any county of fewer Tess than 500,000 population. 2. The person or firm towing or removing the vehicle or vessel shall, within 30 minutes after completion of such towing or removal, notify the municipal police department or, in an unincorporated area, the sheriff, of such towing or removal, the storage site, the time the vehicle or vessel was towed or removed, and the make, model, color, and license plate number of 7 CODING: Words strieken are deletions; words underlined are additions. 1692 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 the vehicle or description and registration number of the vessel and shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record. 3. A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the vehicle or vessel. The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal service as provided in subparagraph 6. The vehicle or vessel may be towed or removed if, after a reasonable opportunity, the owner or legally authorized person in control of the vehicle or vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel. 4. A person may not pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location. 5. Except for property appurtenant to and obviously a part of a single- family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable for unauthorized vehicles or vessels and that the vehicle or vessel is subject to being removed at the owner's or operator's expense, any property owner or lessee, or person authorized by the property owner or lessee, before prior- e towing or removing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, must post a notice meeting the following requirements: a. The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property; within 10 -a feet from the road, as defined in s. 334.03(22) publ e right of way If there are no curbs or access barriers, the signs must be posted not fewer less than one sign for each 25 feet of lot frontage. b. The notice must clearly indicate, in not fewer less than 2 -inch high, light -reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow -away zone" must be included on the sign in not fewer less than 4 -inch high letters. c. The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels. d. The sign structure containing the required notices must be perma- nently installed with the words "tow -away zone" not fewer less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not fewer les -s than 24 hours before prior to the towing or removal of any vehicles or vessels. 8 CODING: Words strieken are deletions; words underlined are additions. 1693 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 e. The local government may require permitting and inspection of these signs before pfiofto any towing or removal of vehicles or vessels being authorized. f. A business with 20 or fewer parking spaces satisfies the notice requirements of this subparagraph by prominently displaying a sign stating "Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner's Expense" in not fewer less than 4 -inch high, light -reflective letters on a contrasting background. g. A property owner towing or removing vessels from real property must post notice, consistent with the requirements in sub -subparagraphs a. -f., which apply to vehicles, that unauthorized vehicles or vessels will be towed away at the owner's expense. A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow -away zone sign. 6. Any person or firm that tows or removes vehicles or vessels and proposes to require an owner, operator, or person in control or custody of a vehicle or vessel to pay the costs of towing and storage before prior to redemption of the vehicle or vessel must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services and post at the storage site an identical rate schedule and any written contracts with property owners, lessees, or persons in control of property which authorize such person or firm to remove vehicles or vessels as provided in this section. 7. Any person or firm towing or removing any vehicles or vessels from private property without the consent of the owner or other legally authorized person in control or custody of the vehicles or vessels shall, on any trucks, wreckers as defined in s. 713.78(1)(c), or other vehicles used in the towing or removal, have the name, address, and telephone number of the company performing such service clearly printed in contrasting colors on the driver and passenger sides of the vehicle. The name shall be in at least 3 -inch permanently affixed letters, and the address and telephone number shall be in at least 1 -inch permanently affixed letters. 8. Vehicle entry for the purpose of removing the vehicle or vessel shall be allowed with reasonable care on the part of the person or firm towing the vehicle or vessel. Such person or firm shall be liable for any damage occasioned to the vehicle or vessel if such entry is not in accordance with the standard of reasonable care. 9 CODING: Words strieken are deletions; words underlined are additions. 1694 Ch. 2020-174 LAWS OF FLORIDA Ch. 2020-174 9. When a vehicle or vessel has been towed or removed pursuant to this section, it must be released to its owner or person in control or custody ^„gin within 1 one hour after requested. Any vehicle or vessel owner or person in control or custody has agent shall have the right to inspect the vehicle or vessel before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle or vessel from liability for damages noted by the owner or person in control or custody other legally authorized person at the time of the redemption may be required from any vehicle or vessel owner or person in control or custody custodian, or agent as a condition of release of the vehicle or vessel to its owner or person in control or custody. A detailed, signed receipt showing the legal name of the company or person towing or removing the vehicle or vessel must be given to the person paying towing or storage charges at the time of payment, whether requested or not. (b) These requirements are minimum standards and do not preclude enactment of additional regulations by any municipality or county including the right to regulate rates when vehicles or vessels are towed from private property. Section S. This act shall take effect October 1, 2020. Approved by the Governor September 18, 2020. Filed in Office Secretary of State September 18, 2020. 10 CODING: Words strieken are deletions; words underlined are additions. 1695 12.13 Legal 05/16/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 05/16/2023 Proposed Ordinance No. 23-010- First Reading- Historical Designation of 413 NE 12th Avenue. Requested Action by Commission: Approve the request from Dr. Martha Light Meeks, the property owner for the designation of 413 NE 12th Avenue, and the addition of the c.1941 Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. Explanation of Request: One of the principal objectives of the City's Historic Preservation Program is to maintain an inventory of properties that are eligible for preservation and promote and process the addition of eligible sites to the Local Registry. For such consideration is the request from Dr. Martha Light Meeks, one of the property owners, for the designation of 413 NE 12th Avenue, and the addition of the c.1941, Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. Eligibility for designation is based on one or more of the criteria stated in the City's Land Development Regulations, Chapter 4, Article IX, Section 6.13.1 which regards, in part, an association of the property with significant historic events, persons, or design characteristics. In summary, the analysis of the property finds that 413 NE 12th Avenue is eligible for designation under criteria "a", "b" and "c" from the above -referenced section. Criterion "a" describes an eligible property as one that is associated "with events that have made a significant contribution to the broad patterns of the City's history", and criterion "b" is an "association with the lives of persons significant in the City's past". With respect to the historic house, criterion "c" represents a property that "embodies the distinctive characteristics of a type, period or method of construction". A few notable findings documented in the report that summarize the significance of the property are highlighted below: 1696 • Ownership of the property has remained within the family since the house was first built, and the Meeks family has owned property in Boynton Beach since 1896. • The Meeks family have contributed to the development of the City, and have continually worked for and contributed to the betterment of the community. • The property consists of one of the five remaining structures built in the 1940s, within the 1925 subdivision of Happy Home Heights. • "Feeling" is how a property conveys a particular period of time through physical features. As the small property retains integrity of setting, design, materials, and workmanship, the structure relates to the feeling of residential life during the segregation era in the 1940s. The property retains its "integrity of feeling." • The property is a "rare example of a minimally altered Wood Frame Vernacular residence from the 1930s in the City. Wood Frame Vernacular structures are the earliest form of construction within the City of Boynton Beach. From the 1920s onwards, construction methods and architectural styles had advanced; however, in the segregated areas, which contained some of the poorest residents, homes continued to be built of wood frame and siding according to traditional methods." • The structure is sufficiently intact to convey the property's relationship to the Depression/New Deal/War Time Era and the associated segregation policy of the City at that time." With respect to eligibility criteria, the property has retained its integrity of association. See attached Designation Report for a complete description of the property and Meeks family, the eligibility criteria as excerpted from the City's Land Development Regulations, and the narrative describing the relevant historic context. Fiscal Impact: There is no fiscal impact to the City for this item. Attachments: Ordinance 23-010 Historic_Designation_413_NE_12th_Avenue_-_Ordinance.pdf Staff Report.pdf 413 NE 12th Avenue Final Report.pdf Application for Designation -413 NE 12th Ave.pdf Presentation for Meeks Property - 413 NE 12th Ave.pptx 1697 I ORDINANCE NO. 23-010 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 DESIGNATING THE MEEKS PROPERTY LOCATED AT 413 NE 12th 5 AVENUE, BOYNTON BEACH, WHICH IS MORE FULLY DESCRIBED 6 HEREIN, AS A LOCAL HISTORIC SITE AND THE ADDITION OF THIS 7 1941, WOOD FRAME VERNACULAR, ONE-STORY SINGLE-FAMILY 8 HOUSE TO THE CITY'S LOCAL REGISTRY OF HISTORIC SITES; 9 PROVIDING A NON -SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 10 11 WHEREAS, Chapter 2, Article II, Section 6.B of the City of Boynton Beach Land 12 Development Regulations provides for the designation and protection of historic sites in the 13 City of Boynton Beach, and the guidelines and eligibility criteria in Chapter 4, Article IX, 14 Section 6.B.1; and 15 WHEREAS, the home was constructed c.1941 and is a Wood Frame Vernacular, the 16 earliest form of construction within the City of Boynton Beach and is one-story single-family 17 house; and 18 WHEREAS, the Historic Preservation Board of the City of Boynton Beach on April 10, 19 2023 recommended that the property at 413 NE 12th Avenue, Boynton Beach be designated a 20 historic site; and 21 WHEREAS, Staff and the City's Historic Resources Preservation Board recommends 22 that the subject ordinance be approved thereby adding the Meeks property at 413 NE 12th 23 Avenue to the City's Local Registry of Historic Sites; and 24 WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly 25 noticed public hearing in regard to the designation of the Meeks property at 413 NE 12th 26 Avenue, Boynton Beach as a historic site. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing whereas clauses are true and correct and are now ratified 30 and confirmed by the City Commission. 31 Section 2. The Meeks home located at 413 NE 12th Avenue is hereby designated 32 in accordance with and under the provisions of the Land Development Regulations, Chapter 33 2, Article II, Section 6.B, and the guidelines and eligibility criteria in Chapter 4, Article IX, S:ACA\Ordinances\Historic Designation (413 NE 12th Avenue) - Ordinance.Docx -1- 1698 I 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 6.B.1 of the City of Boynton Beach Land Development Regulations and shall be added to the City's Local Registry of Historic Sites. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this 16th day of May, 2023. SECOND, FINAL READING AND PASSAGE this day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\Ordinances\Historic Designation (413 NE 12th Avenue) - Ordinance.Docx - 2 - 1699 PYai DEVELOPMENT DEPARTMENT 9,F PLANNING AND ZONING DIVISION STAFF REPORT TO: Chair and Members, Historic Resources Preservation Board FROM: Michael Rumpf, Planner and Interim Board Liaison DATE: April 5, 2023 RE: Historic Resources Preservation Board Meeting of April 10, 2023 This report and accompanying exhibits represent the combined back-up for the subject agenda. Item 5.A Local Designation of 413 NE 12th Avenue One of the principal objectives of the City's Historic Preservation Program is to maintain an inventory of properties that are eligible for preservation and promote and process the addition of eligible sites to the Local Registry. For such consideration is the request from Dr. Martha Light Meeks, one of the property owners, for the designation of 413 NE 12' Avenue, and the addition of this c.1941, Wood Frame Vernacular, one-story single-family house to the City's Local Registry of Historic Sites. Eligibility for designation is based on one or more of the criteria stated in the City's Land Development Regulations, Chapter 4, Article IX, Section 6. B.1 which regards, in part, an association of the property with significant historic events, persons, or design characteristics. In summary, the analysis of the property finds that 413 NE 12t" Avenue is eligible for designation under criteria "a", "b" and "c" from the above -referenced section. Criterion "a" describes an eligible property as one that is associated "with events that have made a significant contribution to the broad patterns of the City's history", and criterion "b" is an "association with the lives of persons significant in the City's past". With respect to the historic house, criterion "c" represents a property that "embodies the distinctive characteristics of a type, period or method of construction". A few notable findings documented in the report that summarize the significance of the property are highlighted below: • Ownership of the property has remained within the family since the house was first built, and the Meeks family has owned property in Boynton Beach since 1896. • The Meeks family have contributed to the development of the City, and have continually worked for and contributed to the betterment of the community. • The property consists of one of the five remaining structures built in the 1940s, within the 1925 subdivision of Happy Home Heights. • "Feeling" is how a property conveys a particular period of time through physical features. As the small property retains integrity of setting, design, materials, and workmanship, the 1700 structure relates to the feeling of residential life during the segregation era in the 1940s. The property retains its "integrity of feeling." The property is a "rare example of a minimally altered Wood Frame Vernacular residence from the 1930s in the City. Wood Frame Vernacular structures are the earliest form of construction within the City of Boynton Beach. From the 1920s onwards, construction methods and architectural styles had advanced; however, in the segregated areas, which contained some of the poorest residents, homes continued to be built of wood frame and siding according to traditional methods." • The structure is sufficiently intact to convey the property's relationship to the Depression/New Deal/War Time Era and the associated segregation policy of the City at that time." With respect to eligibility criteria, the property has retained its integrity of association. See attached Designation Report for a complete description of the property and Meeks family, the eligibility criteria as excerpted from the City's Land Development Regulations, and the narrative describing the relevant historic context. -2- 1701 Dr. Martha Meeks Light and Herman "Doc" Meeks House 413 NE 12th Avenue, Boynton Beach Local Historic Designation II 11111191F v.. m b IN w.. %ir r P l / r°Y p � /ui F u { I 6✓j ��/; 0 r R, 'wawv �Mx Final Report February 8, 2023 Prepared by Warren Adams Historica, LLC I,I'fot listori c ei[ c cC1rrt I I S t )I"Ice), ltC,P"(„)'rY List of Illustrations Figure 1: Boynton Railroad Station, c.1898 Figure 2: Seaboard Airline Depot c.1950s Figure 3: Katie, Louise, Harry, and Herman Meeks going to Boynton Colored Elementary Figure 4: Hurricane Damage to High School, 1928 Figure 5: Katie Montine Meeks and Friends in the Club Continental Figure 6: Happy Home Heights Subdivision Plat, 1925 Figure 7: Happy Home Heights Ad (Palm Beach Post, "Boynton", June 3, 1925 Figure 8: Building Permits (Palm Beach Post, "Building Permits", June 8, 1939 Figure 9: Lake Worth, Fla., USGS, 1945 Figure 10: Existing Home Construction Date by Decade Figure 11: Partial Happy Home Heights Subdivision Aerial Figure 12: 413 NE 12th Avenue Looking West Figure 13: 413 NE 12th Avenue Looking East Figure 14: South Elevation Figure 15: West Elevation Figure 16: South and East Elevations Figure 17: North Elevation Figure 18: Living and Dining Areas Figure 19: Front Bedroom Figure 20: Kitchen Figure 21: Front Porch Interior Figure 22: Edward, his wife Francine and their children Boise, Martha, and Mary Etta Figure 23: Ellis Meeks in 413 NE 12th Avenue Figure 24: George Washington Meeks in the Yard Next to 413 NE 12th Avenue Figure 25: Juanita Meeks in 413 NE 12th Avenue Figure 26: George W. Meeks and Daughter -in -Law at the Meeks House 1 413 NE 12th Ave. — Local Historic Designation 1703 Dr. Martha Meeks Light and Herman "Doc" Meeks House Local Historic Designation Property Address: 413 NE 12th Avenue, Boynton Beach, Florida 33435 Parcel Control Number: 08-43-45-21-20-001-0170 Legal Description: Lot 17, Block 1, Happy Home Heights, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 11, Page 30. Construction Date: 1941 (date provided by family) Architect/Builder: Architect not known. Mr. Ed Jones (carpenter), Mr. Charlie Day (plumber), Mr. Thad Williams (electrician) Building Use: Single -Family Residence Architectural Style: Wood Frame Vernacular Location and Site: The property is located on the north side of NE 12th Avenue just west of North Railroad Avenue. The interior lot measures approximately 40 feet wide by 90 feet deep. The one-story structure faces south. Florida Master Site File No.: PB19614 Statement of Significance The property at 413 NE 12th Avenue is a rare remaining example of a wood frame vernacular structure in the City of Boynton Beach. Built during the segregation era, the residence is a significant example of the wood frame vernacular style which retains many character -defining features and its integrity. The property is associated with an early pioneer family whose members contributed to the development of the City and the community. Ownership of the property has remained within the family since the house was first built. The property significantly contributes to the historic fabric of the City of Boynton Beach and is eligible for individual designation and inclusion on the Boynton Beach Register of Historic Places. 0) 413 NE 12th Ave. — Local Historic Designation 1704 Criteria for Significance Chapter 4, Article IX, Section 6.B.1 of the City of Boynton Beach Land Development Regulations "Designation of Historic Properties and Districts"1 states: "To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City's history, or b. Association with the lives of persons significant in the City's past, or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history, or e. Is listed in the National Register of Historic Places." As indicated in the report, 413 NE 12th Avenue is eligible for local historic designation under the following criteria: a. Association with events that have made a significant contribution to the broad patterns of the City's history. b. Association with the lives of persons significant in the City's past. c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. 1 City of Boynton Beach Land Development Regulations. V 413 NE 12th Ave. — Local Historic Designation 1705 Historic Context The development of the City of Boynton Beach has taken place over four broad eras: • Pioneer Era (c.1875 to c.1919) • Boom Time Era (c.1920 to c.1928) • Depression/New Deal/War Time Era (c.1929 to c.1945) • Modern Era (c.1946 to c.1967) 413 NE 12th Avenue was built c.1935 during the Depression/New Deal/War Time Era in the Wood Frame Vernacular style. Pioneer Era The earliest recorded property owner in the Boynton Beach area was Captain James A. Armour, the head lighthouse keeper in Jupiter, who, in 1875, filed a claim for beachfront land which encompassed the present Boynton Municipal Beach. Some of the earliest settlers included black families who farmed in the area. It was believed that the Town of Boynton was founded by Major Nathan Smith Boynton who owned all the land in the area and the hotel; however, recent research has shown this is not entirely accurate. In 1892, Byrd Spilman Dewey (Birdie Dewey), a prominent author of the time and wife of Fred Dewey, a Civil War veteran from Indiana, purchased 160 acres of land at the southern end of Lake Worth. In 1895, she sold 120 acres of this land to William Seelye Linton, a new speculator from Michigan who made a small down payment of $100. In 1897, Linton sold 40 acres of this land to Major Boynton, former editor and publisher of the Port Huron Press and owner of the recently built Boynton Hotel. However, the sale was not completed as Linton, who had not paid the Dewey's in full forthe land, had no deed. This leftthe area known as Boynton in turmoil especially as Major Boynton had formed the Southern Florida Land Company and sold town lots on his land for $50. In September 1897, the Deweys filed a foreclosure lawsuit against Linton and Boynton for nonpayment which resulted in them regaining their land. Neither Boynton nor Linton ever filed a plat for the town of Boynton. In 1898, the Deweys filed plats for the town of Boynton and for Dewey's Subdivision. As the Deweys were friends with Major Boynton, they named the town in his honor. Fred Dewey sold lots with genuine deeds to settlers and, as a consequence, served as land agent for several interests in the area including Henry M. Flagler's Florida East Coast (F.E.C.) Railway which had been granted property for building the railroad through to Miamiz. Flagler's first passenger train traveled through Boynton in 18963. z Pedersen, G.L. and DeVries, J.M. Pioneering Palm Beach, the Deweys and the South Florida Frontier. Charleston, SC: The History Press, 2012, p.96-100. 3 Farace, V.K. et. al. Boynton Beach, The First 100 Years. Boynton Beach: Boynton Beach Historical Society & Friends of the Boynton Beach City Library, 1995, p.38. L'1 413 NE 12th Ave. — Local Historic Designation 1706 Figure 1: Boynton railroad Station, c.1898 (Boynton Beach City Library). During the late 1890s, residences and commercial buildings sprang up along Ocean Avenue. By 1900, Boynton had become a major supplier of tomatoes and pineapples to northern markets'. The rich soil from the farms also quickly produced beans, peppers, and bananas. Dairy farming also developed on the ocean ridge east of the Florida East Coast Canal. The success of the Boynton Hotel and local farm production prompted the designation of Boynton as a regular stop for the F.E.C. Railroad. The successes from the farms and dairies triggered more expansion to the area throughout the early 1900s. In 1907, the black community petitioned the School Board for a teacher. The Superintendent was ordered to employ a teacher, but the residents were to provide a building. A one -room wooden schoolhouse was constructed on Federal Highway north of Boynton Beach Boulevard. In 1909, when Palm Beach County separated from Dade County, the school became known as the Boynton Negro School'. In 1908, a group of civic -minded women banded together to improve the quality of life for residents. The group was formally organized into the Boynton Woman's Club in 1909. The club quickly succeeded in its main purpose: to provide a venue for local social affairs and to house a lending library. Boom Time Era The Florida "Boom Time Era" was at its peak during the early 1920s. In 1920 Boynton Beach became an incorporated town and in November of this year, a $10,000 bond was passed which financed the $6,000 purchase of an ocean front park. Other early projects included the construction of a jail and, in 1920, doubling the F.E.C. railroad tracks which serviced Boynton. ' Ibid. p.7. ' Boynton Beach Historical Society Website "Boynton Beach's Poinciana School History". 9 413 NE 12th Ave. — Local Historic Designation 1707 Within the next three years the town proceeded with paving streets and installing a water treatment system and, in 1924, a volunteer fire department was organized. In 1925 the Seaboard Coastline Railroad served the Boynton area. Figure 2: Seaboard Airline Depot c..1.950s (Boynton Beach City Library). On February 20, 1924, the Commissioners of the Town of Boynton adopted and passed Ordinance No. 37 (Attachment A) which established segregation and set apart "separate residential limits or districts for white and negro residents"'. The Ordinance set the boundaries for what was to be known as "The Negro District within the Town of Boynton, Florida" while the remaining land or parcels of land within the Town would be known as "The White District within the Town of Boynton, Florida". The Ordinance made it illegal for black residents to reside "within the territorial limits of said Town so set apart and established for the residence of white persons" and for white residents to reside "within the territorial limits of said Town so set apart and established for the residence of negroes." The penalty for violating this Ordnance was a fine of no more than $500, or imprisonment for not more than 60 days, or both. The black community, who primarily lived on Federal Highway to the north of Boynton Beach Boulevard, was forced to move west. Many buildings were also moved including homes, businesses, and the Boynton Elementary School which was moved to Wells Avenue and renamed Boynton Colored Elementary. Figure 3: Katie, Louise, Marry, and 1 -Ferman Meeks going to Boynton Colored Elementary (Victor D, Nodus). 6 Ordinance No. 37, Town of Boynton. City of Boynton Beach Public Records, 1924. X 413 NE 12th Ave. — Local Historic Designation 1708 t m,A The black community, who primarily lived on Federal Highway to the north of Boynton Beach Boulevard, was forced to move west. Many buildings were also moved including homes, businesses, and the Boynton Elementary School which was moved to Wells Avenue and renamed Boynton Colored Elementary. Figure 3: Katie, Louise, Marry, and 1 -Ferman Meeks going to Boynton Colored Elementary (Victor D, Nodus). 6 Ordinance No. 37, Town of Boynton. City of Boynton Beach Public Records, 1924. X 413 NE 12th Ave. — Local Historic Designation 1708 On November 18, 1924, the Town Commission adopted and passed Ordinance No. 47 (Attachment B) amending Ordinance 37 by "extending and defining the boundaries of the separate residential limits or districts for negro residents"7. Enterprising men were developing large tracts of land throughout Boynton. James Hartley and the Palm Beach -Boynton Development Company with K.D. Purdy began Lake Boynton Estates, a subdivision at the west end of Ocean Avenue. Two additional platted areas increased the size of Lake Boynton Estates. Stile Hall, C.F. Knuth and C.O. Miller organized the Boynton Finance Corporation to cover all aspects of real estate from construction to finance. The firm purchased tracts of land for both residential and commercial development throughout the community. Two developments by Knuth and Miller were found in Beverly Hills and Bower's Park. Hall with K.D Purdy developed Lakeside Gardens and Boynton Heights, L.E. Perkins purchased 30 acres of the Carrie Knapp tract west of town for redevelopment, and the Blake Company, owned by George H. Blake, developed Boynton Hills which was originally the Hardee pineapple fields. The Blake Company's extensive plans called for a "Grand Boulevard", which would accommodate 350 lots and the Blake Hotel. During the height of the boom Frank J. Nutting of the Nutting and Perkins Real Estate Firm confirmed a land sale exceeding $10,000 an acre. The newly named EI Dorado Park became the costliest parcel in the area according to Nutting. In 1925, Robert E. Wells, a Bahamian landowner and businessman, platted his property as the Robert E. Wells Subdivision. The street, originally named Wells Avenue and now East Martin Luther King Jr. Boulevard, became a thriving main street serving the black community$. Also in 1925, a new Rosenwald School was built for the black community on the corner of Seacrest Blvd. and NW 12th Ave. Rosenwald Schools were built primarily for the education of African American children in the South in the early 20th century. The project was the product of a partnership between Julius Rosenwald, CEO of Sears, Roebuck and Company and the African American leader Booker T. Washington. From the 1910s to the early 1930s, over 5,000 Rosenwald Schools were built in the southern states9. In the second half of the 1920s, a series of unfortunate events began to unfold in Boynton. In early 1925, citrus canker was discovered in the orange groves forcing the destruction of all citrus groves in Boynton. Financial problems began to plague the town, tax assessments continued to rise, recall elections and failed resolutions were topics of discussion, and resignations became commonplace with municipal officers. While salaries for municipal workers were slashed and bonds were burned, the voters of Boynton voted unanimously for the construction of a beach front casino that cost nearly $12,000. The Florida Land Boom was coming to an end and Boynton was deeply in debt. Ordinance No. 47, Town of Boynton. City of Boynton Beach Public Records, 1924. $ City of Boynton Beach Black History Website. e Ibid. 7 413 NE 12th Ave. — Local Historic Designation 1709 In 1927, the Boynton Beach High School, designed by William Manley King in the Mediterranean Revival style, was completed. However, the building was badly damaged along with many others during the 1928 hurricane. Many people took refuge in the new building only to be injured when the auditorium gave way10 Figure 4: Hurricane Damage to High School, .1928 (City of Boynton Beach). Depression/New Deal/War Time Era State legislative assistance alleviated some of Boynton's financial problems; however, concerns regarding indebtedness from municipal projects reached a peak when residents on the east side of the Intracoastal Waterway, which was earlier known as the East Coast Canal, served notice to the town of their wish to separate from Boynton and start a new municipality. Boynton and the eastside residents reached an agreement whereby the new municipality would assume indebtedness in excess of $350,000. The agreement was finalized in 1931 with the formation of two separate municipalities, Boynton and Boynton Beach. On November 7, 1933, the Board of Town Commissioners passed and adopted Ordinance No. 13611 (Attachment C). This racial "sunset law" stated that after December 1, 1933, white people over 18 years of age could not be in the black section of town, and blacks could not be in the white section after 9 p.m. from October through May or 10 p.m. from June through September. By 1935 the Town of Boynton began construction of a replacement for the old wooden bridge on Ocean Avenue. The new bridge was financed with Depression Era funds supplied by the federal government. By 1939 the Town of Boynton Beach changed its name to Ocean Ridge. Within two years the Town of Boynton also adopted a new name and became the Town of Boynton Beach. The war years brought a different kind of living to Boynton residents as nighttime activities ceased, blackouts were ordered along the shoreline, and patrols kept watch on the beaches which were off-limits at night and partially limited in the day. Allied ships became the target of German U-boats. During one four-month period, sixteen ships were torpedoed between Cape Canaveral and Boca Raton. 10 Farace, V.K. et. al. Boynton Beach, The First 100 Years. Boynton Beach: Boynton Beach Historical Society & Friends of the Boynton Beach City Library, 1995, p.22. 11 Ordinance No. 136, Town of Boynton. City of Boynton Beach Public Records, 1933. E3 413 NE 12th Ave. — Local Historic Designation 1710 In 1945, the Club Continental opened at 150 NE 10th Avenue. The first floor contained a bar area and the second floor was used for dances and concerts. The club was a hub for black entertainment from the 1950s to the 1960s and was part of the Chitlin Circuit which was a network of clubs, theaters, and other venues where black entertainers were allowed to perform during the segregation era. Many artists that performed here for $400 a night would eventually become household names such as James Brown, B.B. King, Fats Waller, and Guitar Slim12. Figure 5: Katie Montine Meeks and Friends in the Club Continental (Victor D. Noffus) Modern Era In 1951, the Palm Beach Post reported a meeting between the Boynton Negro Civic League and the City Commission. The Civic League requested expansion of the black residential section of the town, playgrounds for children, and beach bathing facilities for the black community. The meeting was noted as being the first time the black community had taken part in a local Commission meeting13 By the 1950s Boynton Beach was developing along the lines of other small South Florida cities. A new city hall was built on the corner of Seacrest Boulevard and Boynton Beach Boulevard in 1958, additional beach front property was purchased to extend recreational facilities, and Bethesda Memorial Hospital was opened in 1959. Further improvements included construction of a new civic center (1960), a new water treatment plant (1962), and a bridge over the Intracoastal at SE 15th Avenue (1967). From 1950 to 1960, Boynton's population grew from 2,543 to 10,400. Private developers once again returned to the community. In the mid-1960s three large residential projects began at Hampshire Gardens, Sterling Village, and the 415 -acre "Leisureville"14 12 City of Boynton Beach Black History Website. 13 Palm Beach Post, "Negroes Present 3 -Point Program", May 22, 1951, p.7 (Newspapers.com). 14 Historic District Design Guidelines, City of Boynton Beach, 2013. p.25-31. EJ 413 NE 12th Ave. — Local Historic Designation 1711 Significance Analysis Happy Home Heights Subdivision Many of the oldest subdivisions in Boynton Beach are named after African Americans: • E. Roberts Addition (1911): named after owner Eddie and Elizabeth Roberts. • Meeks and Andrews Add: (1914): Named after Allen Meeks and John Andrews families. • Frank Weber Addition: (1922) named after Frank Weber. • Meeks Addition: 1923 —Named after Ed and Frances Meeks family. • Robert Wells Addition: 1925 named after Robert Wellsl5 The Happy Home Heights Subdivision was originally platted by the Boynton Development Corporation on February 25, 1925 (Attachment D). The creation of this subdivision is associated with the segregation policy established by Ordinance No. 37 in 1924 and Ordinance No. 47 in 1924 which set boundaries for "The Negro District within the Town of Boynton, Florida" and "The White District within the Town of Boynton, Florida", and Ordinance No. 136 in 1933 which established a racial "sunset law". The subdivision originally consisted of ten blocks which stretched from just west of North Seacrest Boulevard to North Federal Highway and contained the lots on the south side of NE 13th Avenue and the lots on both sides of NE 12th Avenue. It appears the lots to the west of North Seacrest Boulevard have been replatted and incorporated into other subdivisions. The internal lots measured between forty to forty-two feet wide by ninety feet deep. The corner lots had slightly larger frontages. Originally, the roads were forty feet wide. As shown below, when first platted, NE 12th Avenue was known as Lincoln Avenue as it was named after Edward Lincoln Meeks. _---- .._ 17 -I I �,.''.V � L,_i I L .- -�Wr Li1vcUL.r7 �':'ap � � �.I_-_ � .,..1: ��LI.•�� 1 •'.•, �.,..'� N�.< A �- x RVENLJE ; �i cx "� ITr i�c BTor. 1x mil R T R x wJ t U� �..lw .f- �,l 1�'�t7�_.•r�8 �.W Iz crs uk �M._ p II II Figure 6: Happy Home Heights Subdivision Plot, .1925, The earliest mention of the Happy Home Heights Subdivision is from June 3, 1925, when the Palm Beach Post listed an advertisement encouraging white investors to buy lots in the subdivision. is Victor D. Norfus oral communication, various dates. 10 413 NE 12th Ave. — Local Historic Designation 1712 l.:'onie on white folks, let's buy some colored lots in Happy biome 1fel 'lr,ts, You can make Thera, a good in. corne. Property logs 4205 feet, atµ ; 5 to $425; terms 0 per cent down, %glance $1,0 perworth. Qnly a few Ioft. Figure 7: Happy Home Heights Ad (Palm Beach Post "Boynton", June 3, .182.5, p.19 (Newspapers.com)). Very little information regarding the sale of lots in Happy Home Heights is provided in newspapers after the above advertisement. This suggests either sales may have been slow or, more likely, properties were being purchased by black families and no further advertising of available lots was published. However, in 1939, most of the building permits issued in May were for the subdivision. Figure 8: Building Permits (Palm Beach Post, "Building Permits , ..lune B, 18.39, p.2 (Newspapers.com)). When the subject property was built, it is likely it would have been one of only a few houses in the subdivision but by 1945, as shown in the map below, the subdivision and surrounding subdivisions had been developed extensively. Figure 9: Lake Worth, Fla., USGS'S, .191.5 (USGS.gov) 11 413 NE 12th Ave. — Local Historic Designation 1713 Over time the subdivision has continued to develop as a single-family residential neighborhood. However, as shown in the graph below, only three properties from the 1930s and five from the 1940s remain. Figure 10: Existing Home Construction Date by Decade. Development in the subdivision is low rise with the majority of buildings being one story in height although two-story examples exist. By viewing an aerial image of the surrounding area, most properties appear to have similar setbacks, although the subject property is closer to the street than most, and their footprints appear to be similar in size. The quality of landscaping and associated features such as fences, driveways, boundary walls, vegetation, and level of maintenance varies from propertyto property. The roadways are surfaced with asphalt and there are concrete sidewalks only to the north side of the east/west running roads and on North Seacrest Boulevard. Figure 11: Partial Happy hlome Heights .Subdivision Aerial, 2022 (Palma Beach Property Appraiser Wlebsite), 12 413 NE 12th Ave. — Local Historic Designation 1714 Figure 12: 4.13 IVE .12'x' Avenue Looking west (w. Adams, August 7, 2022). Figure .13: 413 IVE 121h Avenue Looking East (WET. Adams, August 7, 21722). Based on the above, 413 NE 12th Avenue is eligible for historic designation under criterion "a", "association with events that have made a significant contribution to the broad patterns of the City's history" as it is associated with the early development of the City of Boynton Beach and the segregation policy established by Ordinance No. 37 and Ordinance No. 47, adopted in 1924, which set boundaries for "The Negro District within the Town of Boynton, Florida" and "The White District within the Town of Boynton, Florida" and Ordinance No. 136, adopted in 1933, which established a racial "sunset law". 13 413 NE 12th Ave. — Local Historic Designation 1715 413 NE 12th Avenue Description The single-family residence at 413 NE 12th Avenue, built 1941, sits on an interior lot on the north side of the street just west of N Railroad Avenue. The south facing lot measures forty feet wide by ninety feet deep. The residence is setback twelve feet from the front property line and is approached by a concrete walkway which continues along the facade of the house. The driveway and parking area are surfaced with concrete. The property is enclosed by a four foot (4') high chain link fence. The one-story residential structure is rectangular in plan and has a total floor area of 998 square feet. Construction is of concrete block piers supporting a wood frame structure with exterior wood siding. The main structure and front porch have pitched gable roofs surfaced with grey asphalt shingles. The front porch roof is slightly lower than the roof of the main house. To the rear of the main house is a one-story kitchen, a bathroom, which was originally a porch, with a shed roof of rolled asphalt, and a one-story storage shed with a flat roof. The south (front) elevation contains a one-story porch structure which runs almost the full width of the house. It appears the front porch may have been enclosed at some point as the original facade of the house with wood siding and aluminum frame two -over -two single -hung windows with wooden surrounds and sills still exists within the porch. The porch is constructed of a wood frame with a pitched gable roof with grey asphalt shingles and wide overhang. There are exposed rafters under the overhangs to the west and east. The front roof gable contains vertical wood siding while the walls contain horizontal wood siding of two different types. Most of the porch siding is of novelty drop siding; however, there is an area under the eastern window of what appears to be tongue and groove siding indicating a later repair. The wood siding of the porch does not align with the wood siding of the main house. Wood trim is incorporated at the porch corners, the door surround, and where the vertical and horizontal siding meet. Fenestration comprises aluminum frame jalousie windows and a twenty -one -panel wooden door. The front door is off -center to align with the original front door, the interior doorway, and the rear door. Over the front door is a wooden canopy with a flat roof supported by two plain wooden square supports. The gable of the original house is visible above the porch. This gable is surfaced with horizontal wood siding and there appears to be an enclosed vent. 14 413 NE 12th Ave. — Local Historic Designation 1716 Figure 14: South Elevation (W. Adams, August 7, 2022). The west elevation is of novelty drop siding, with two, two -over -two aluminum frame single -hung windows with wood trim surrounds and sills, exposed rafters, and wooden shutters. Towards the rear of this elevation are an aluminum frame awning window with wood trim surround and what appears to be an aluminum frame sliding window to the rear. Figure .1.5. {lest Elevation (fit. Adams, August 7, 2022). The east elevation is of novelty drop siding with three, two -over -two aluminum frame single - hung windows with wood trim surrounds, sills, and exposed rafters. At the rear is a small storage shed of novelty drop siding with an aluminum frame jalousie window with wood trim surround. 15 413 NE 12th Ave. — Local Historic Designation 1717 AM M t " rl l�fi IY 4 � yl/ll/ p�( ",'� I J NrMh V/11]Mkl'I 5 V k Figure .1.5. {lest Elevation (fit. Adams, August 7, 2022). The east elevation is of novelty drop siding with three, two -over -two aluminum frame single - hung windows with wood trim surrounds, sills, and exposed rafters. At the rear is a small storage shed of novelty drop siding with an aluminum frame jalousie window with wood trim surround. 15 413 NE 12th Ave. — Local Historic Designation 1717 Figure 16: Sarah and East Elevations (W. Adams, August 7 20122). The north (rear) elevation contains a roof gable with horizontal wood siding and vent. Below this is an enclosed porch with a shed roof, novelty drop siding, wooden corner trim, and a rear door with screen. Over the door is a flat roofed canopy supported by two simple square wooden supports. The rear window was obscured by a wooden shutter. Adjacent to the porch is a storage shed with a flat roof, novelty drop siding, wooden corner trim, and a wooden door. Figure 17: North Elevation (W. Adams, August 1:3, .201.2.2). 16 413 NE 12th Ave. — Local Historic Designation 1718 Internally, the house comprises an entrance porch, living room, three bedrooms, a kitchen, and a bathroom. Originally, there was an outhouse located at the northwest corner of the back yard. The interior floors are surfaced with vinyl tile. Many of the interior walls are of painted wood siding with wooden base boards, door surrounds, and quarter -round corner beading although the walls of the front bedroom are surfaced with painted wood paneling. The ceilings of the original house are of painted, textured plaster and the kitchen ceiling is of wood boarding. The walls of the front porch addition are clad with wood on the exterior only leaving the wooden structure exposed on the interior. The house appears to have been designed along the principals of a shotgun house as all doors from the front to the rear align and all bedrooms are located on the east side. Additions and Alterations Very few records exist on this property; therefore, most of the following was determined from a brief survey, photographs from the survey, and information provided by Dr Martha Meeks -Light and Victor D. Norfus, her son. At some point, the front porch may have been enclosed as a second frontage to the house is visible within the porch. Construction of the porch is compatible with that of the original residence. To the rear of the property, a porch also appears to have been enclosed. This now contains the bathroom. Adjacent to the rear porch is a storage shed which may be a later addition. Construction of both the porch and storage addition is compatible with that of the house. It is likely the original house contained wooden single- or double -hung windows; however, these have been replaced with aluminum frame single -hung and awning windows. The front porch contains jalousie windows which appear to be a later alteration. Figure 18: Living and Dining Areas (WAC. Adams, August 13, 2022). 17 413 NE 12th Ave. — Local Historic Designation Figure 19: Front Bedroom (W. Adarns, August 13, 2022 1719 Figure 20 Kitchen (01.. Adams, August 13, 2022). Integrity Figure2.1: Front Porch Interior (w. Adams, August 13, 2022. Chapter 4, Article IX, Section 6.B.1 of the City of Boynton Beach Land Development Regulations "Designation of Historic Properties and Districts" states: "Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association." As noted above the structure is in its original location. The subdivision has developed over time and new architectural styles have been introduced; however, it still retains its original intent as a single-family neighborhood, the street layouts changed minimally, and there are no examples of inappropriate development. The property retains its integrity of location and setting. The property has been altered; however, the alterations are early and are consistent with the architectural style of the house, the window alterations are reversible, and the essential exterior form, plan, space, structure, and style have been retained. The property retains much of its integrity of design. The property retains almost all the original materials including wood siding, structural materials, and interior materials. The only materials lost are the original wood frame windows. The property retains much of its integrity of material. As most of the original materials remain, the traditional workmanship required to construct the house, likely without the aid of a set of plans, is evident. The property retains its integrity of workmanship. Feeling is how a property conveys a particular period of time through physical features. As the small property retains integrity of setting, design, materials, and workmanship, the structure relates to the feeling of residential life during the segregation era in the 1940s. The property retains its integrity of feeling. 413 NE 12th Ave. — Local Historic Designation 1720 Wood Frame Vernacular structures are the earliest form of construction within the City of Boynton Beach. From the 1920s onwards, construction methods and architectural styles had advanced; however, in the segregated areas, which contained some of the poorest residents, homes continued to be built of wood frame and siding according to traditional methods. The structure is sufficiently intact to convey the property's relationship to the Depression/New Deal/War Time Era and the associated segregation policy of the City at that time The property retains its integrity of association. Based on the above, 413 NE 12th Avenue is eligible for historic designation under criterion "c" "embodies the distinctive characteristics of o type, period or method of construction" as this is a rare example of a minimally altered Wood Frame Vernacular residence from the 1930s in the City. 19 413 NE 12th Ave. — Local Historic Designation 1721 Ownership History The following ownership details are based on information obtained from the Palm Beach County Property Appraiser website 16 and Polk's Directories" 11 1958-1970 Washington Meeks 1971-1975 Mrs. Juanita Meeks Pre -1990 Paul Butler and Montine Butler 1990 Juanita Meeks 1998 Katie Meeks Butler, Martha Meeks Light, Herman H. Meeks, Harry F. Meeks, Gregory A. Meeks, Edward Pressley, Vincent Pressley, Eleanor L. Pressley, Michael J. Pressley, Sharon Pressley 2020 Martha Meeks Light, Michael Pressley, Sharon Pressley Family and Property History The following family information was provided by Dr. Martha Meeks Light19 and from a discussion with Victor D. Norfus, her son20. The recognized heads of the Meeks family are Allen and Ellen Meeks. Allen and Ellen worked as slaves on the same plantation when they were children. They stayed together throughout their lives, were married, and had four children named George, Ellis, Oscar, and Edward. In 1896, after slavery ended, they moved to Boynton. The oldest son, Edward Lincoln Meeks, was around 20 years of age when the family moved to Boynton. He worked on Flagler's railroad and bought several plots of land on NE 10th Avenue from N Railroad Avenue to NE 2nd Street. Edward had three children named Otis, Bosie, and Elise. Figure 22: Edward, his wife Francine and their children Boise, (Martha, and Mary Etta (Victor D. No�fus). 1e Palm Beach County Property Appraiser website. 1' Polk's Lake Worth and Boynton Beach (Palm Beach County, Fla.) City Directory. 1958-1967. 18 Polk's Lake Worth Boynton Beach and Lantana (Palm Beach County Fla) City Directory. 1968-1975. 19 Dr. Martha Meeks Light written communication, August 7, 2022. 20 Victor D. Norfus oral communication, various dates. all 413 NE 12th Ave. — Local Historic Designation 1722 r IrP c The oldest son, Edward Lincoln Meeks, was around 20 years of age when the family moved to Boynton. He worked on Flagler's railroad and bought several plots of land on NE 10th Avenue from N Railroad Avenue to NE 2nd Street. Edward had three children named Otis, Bosie, and Elise. Figure 22: Edward, his wife Francine and their children Boise, (Martha, and Mary Etta (Victor D. No�fus). 1e Palm Beach County Property Appraiser website. 1' Polk's Lake Worth and Boynton Beach (Palm Beach County, Fla.) City Directory. 1958-1967. 18 Polk's Lake Worth Boynton Beach and Lantana (Palm Beach County Fla) City Directory. 1968-1975. 19 Dr. Martha Meeks Light written communication, August 7, 2022. 20 Victor D. Norfus oral communication, various dates. all 413 NE 12th Ave. — Local Historic Designation 1722 Ellis Meeks worked on a farm in a small town in Miccosukee, Florida and then had a job working on the trains on Flagler's railroad before moving his family to Boynton. He owned a large house with five bedrooms and a large porch surrounding the house on land he bought near the railroad on 11th Avenue. He was a driver, conductor, ticket master, and mechanic. Figure 23: Ellis Meeks in 4.13 NE.12111 Avenue (Victor D Norfus). Eventually other Meeks began to migrate to Boynton. In 1910, 12 - year -old George Washington Meeks, son of Allen and Ellen Meeks, came to Boynton by hitchhiking on a train via Tallahassee where he had relatives. In 1924-1925, George married Elizabeth Roberts, daughter of Eddie and Elizabeth Roberts. Eddie Roberts was a farmer whose family owned the Roberts Quarter (a quarter, was an area of land owned by the descendants of slaves who used this term, which came from slave quarters, to refer to their land). Figure 24: George Washington Meeks in the Yard Next to 41.3 NE .12'r' Avenue (Victor D. Norfus). At five feet, five inches tall and 130 pounds, George was a small man who could not work on the railroad where employees had to weigh at least 150 pounds. He worked on the farm picking and packing strawberries until equipment was purchased to help with the heavy processes. George's wife had tuberculosis during her pregnancy and died at a young age while giving birth to their son Joseph Meeks. George continued to live with his in-laws and son in the Roberts Quarter until 1935 when Juanita Suttles arrived in Florida from Lafayette, Georgia. George and Juanita married and continued to stay in a rental house with George's in-laws in the Roberts Quarter where the family continued to grow. The family needed more space, but George could not borrow money from a bank or loan company. A man named Mr. Harvey Oyer, an insurance agent, loaned George $400 to purchase four plots of land at 413 NE 12th Avenue, the location of the current house. At this time, only black builders could build houses in the black area. Mr. Ed Jones was the carpenter, Mr. Charlie Day was the plumber, and Mr. Thad Williams was the electrician. Figure 2.5: Juanita Meeks in 41.3 NE 12 1h Avenue (Victor D. Norfus). 21 413 NE 12th Ave. — Local Historic Designation 1723 George was a quiet man who loved his wife and children. Juanita helped to earn money by washing and ironing for Mr. Oyer and cleaning houses owned by white residents. She also tried to make things better for children and the community by making the house available for events that affected the black residents. During World War II, the house was used as a meeting place for families whose sons and daughters had been killed while fighting for their country. Bodies were taken from the train to the house for pre -funeral preparation, consoling families of the deceased, prayer, and rituals such as the ringing of the church bell. Figure 26: George 01. Meeks and Daughter. -in -Law at the Meeks Mouse (Victor D, Norfus). The house was also used for happy occasions including use of the adjacent land for outdoor weddings and prayer meetings for the safe return of service men and women. This section of the town was called the Meeks Quarter. The police would expect residents in this area to gather information about crime in the area. The house continued to get business with whatever was going wrong or right in the area. The house has survived several hurricanes. In 1948, the family had to seek shelter in the Club Continental for two days. When the family arrived home, the house had no roof. Black workmen installed a temporary roof before nightfall, a neighbor prepared food, and the Red Cross provided dry bedding. In the 1950s, segregation was hard on the community who feared being kidnapped or murdered by the Ku Klux Klan. Some families were so frightened that they relocated. The house was used as a gathering place and shelter during this time of crisis. Nine people have been born in the house, all of whom grew up to be successful individuals. Juanita Suttle Meeks passed on November 1, 1991. She was survived by her sons Harry, Herman, and Gregory, and her daughters Sylvia, Martha, Ellinor, and Montine21. zi Palm Beach Post "Juanita Suttle Meeks", November 6, 1991, p.117 (Newspapers.com). 22 413 NE 12th Ave. — Local Historic Designation 1724 Based on the above, 413 NE 12th Avenue is eligible for historic designation under criterion "b" "association with the lives of persons significant in the City's past" as the Meeks family have lived and owned property in Boynton since 1896, have contributed to the development of the City, and have continually worked for and contributed to the betterment of the community. 23 413 NE 12th Ave. — Local Historic Designation 1725 Bibliography Publications City of Boynton Beach Land Development Regulations. Farace, V.K. et. al. Boynton Beach, The First 100 Years. Boynton Beach: Boynton Beach Historical Society & Friends of the Boynton Beach City Library, 1995. Historic District Design Guidelines, City of Boynton Beach, 2013. Pedersen, G.L. and DeVries, J.M. Pioneering Palm Beach, the Deweys and the South Florida Frontier. Charleston, SC: The History Press, 2012. Polk's Lake Worth and Boynton Beach (Palm Beach County, FIa) City Directory. R.L. Polk & Co., Publishers, Richmond, VA, 1958-1967. Polk's Lake Worth Boynton Beach and Lantana (Palm Beach County FIa) City Directory. R.L. Polk & Co. Publishers, Richmond, VA, 1968-1975. Documents Ordinance No. 37, Town of Boynton. City of Boynton Beach Public Records, 1924. htr s: Vfb.bbfV.u�s ebLir�k DacViewoa.s?ud:::::1.3�.26&dbid:::::0 Ordinance No. 47, Town of Boynton. City of Boynton Beach Public Records, 1924. h.r:.12 _/iVfLr .I V.ps/ Ib irok D cVievvoa.:s.1 x u :::1 i "» Ordinance No. 136, Town of Boynton. City of Boynton Beach Public Records, 1933. htt s: I. L. ...bfll,uas e.... rrlk If.12!cYiew.as �c?iid:::::1.2366&dbid:::::0&re a=Circ Clleirlc 12......../..x...... P.............................................../.................................................................................................12................................................................................................................ P.........................Y........................ Newspapers Palm Beach Post, "Boynton", June 3, 1925, p.19 (Newspapers.com). Palm Beach Post, "Building Permits", June 8, 1939, p.2 (News papers.com). Palm Beach Post, "Negroes Present 3 -Point Program", May 22, 1951, p.7 (Newspapers.com). Palm Beach Post "Juanita Suttle Meeks", November 6, 1991, p.117 (Newspapers.com). Maps and Plats Happy Home Heights Addition Plat, February 25, 1925. Websites City of Boynton Beach website, page consulted on various dates. VjA 413 NE 12th Ave. — Local Historic Designation 1726 h.!,.!,.RsjLwww.boyn beach.orgC City of Boynton Beach Black History Website, page consulted October 1, 2022. !,.Rl hu.stoiruc.boynton-beaclh.ordbVack-history Boynton Beach Historical Society Website "Boynton Beach's Poinciana School History'. Page consulted October 9, 2022. b?.P.°�./...Ibcayi2�pim.l2iistc�iryc�.rg��.��gc2iry�lbla.�lk:::lhii.s.to.�.Y Google Street View, page consulted on various dates. htt��ys: www.[googyle.coim ma s Mace(/41..3+NE:+I.2tlh+Ave +IE�oggntoin Beaclh +FI... x33435®gpPyp26.53'7'734 .............. U:`......... P... R.............................. d.T.............&.k...............................I.................. U.:...... k... U.:.................... k......................................................................................... R....... ............. X.......................................................... R................................................... R....'.mm.....................................................Y..... 80,05878573a'75 3.35.g4h $.1.9t data:::::!3u u6r1e1!13r�4R1.soB�V oNACa %�GNxu Z-..4w92e0!17i16384i8o ...............V.............Y...............X.X.......................................R............................._.....................................................................................................................................V......................................1N...................................................................................................................................... .......... 81.92.!4im5!!3im4R:t.sOx88d8df2lbfl6468ef:Ox6d7268c4cdadb3aco8irn293d26.537879!!4d.-SOD 0588731. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Newspapers.com, page consulted on various dates. Palm Beach County Property Appraiser, page consulted on various dates. D�.�r.�as:/`www. be cay.o�Er�/pa asps/�'.U�.ta_�_E::�.YOetauV/PUo�aertyDetauloasp.�?�au�ceV:::::0$434521200�D1�D170� s_E!V1:r.ype=MASTE.FB .sirchVaV 413/20ne12.E11.2.th�20ave USGS hG.tires.//namdb.u.ses.gov/ht-bon/tv birow.se.Dl?id:::::c835ac52ffOf000926d1. 2cac4c'781..88 Communications Dr. Martha Meeks -Light written communication, August 7, 2022. Victor D. Norfus (son of Dr. Martha Meeks -Light) oral communication, various dates. 25 413 NE 12th Ave. — Local Historic Designation 1727 Attachment A Ordinance No. 37, 1924 An onlinmuo 01, the Zown -of Florida, estab,Islh�ing arid getting apart in nald I.."Irmn qr,�,,pn.rs,te reaidential 11 mi -to or ditatricts Cor wo'l"iite and Dfglo re2idents; des igrm tng,eAtabliijkL- ing, and sett llsglSPart torritorial. limits 0r, datriat Of said Tmrn wltblTi which wlct,tb perf3CZIS 2111'ay reside and amparrAte terrltoriKl lirflits or (Ustricts in sicild, Tcim within which ne,griz)ea may reside-, pro)-Ubltin.f,,t 5ny 1,whlte perrV-)n fron tRking up or eatabllal-.ing ri plaoe of renidance, vithin t;be t0lrrlitorial ljrj�j,ta:!5 of' said Tcnirj so Rot apnrt acrd established for the re- siderice r.1 negrQe,,,;,- prohibiting any nep,rc,,� Pernon frollltaking uor o%tat.pllshing a plixoe of r-e2idenpce wltliin the torritorial I.imits or said Tcp%m sc) gat apart and e ntablish,od I'ixr the re- zldwice, of white dt'nfining t orrts and of jjeaj.dence", avd p , roviding penolties for violations ,r,)f this Ord,inan,O- BE IT QiDAINIED BY TIIE 1AXIAf CONVI811"i ON YU)RIVA: L. I,hat said Town +,00s herebF estnblishani &8,t apart tinq, larid within tho followine� described 1171tin the "2own of 9oynton to ber borOaft(-%, IfIlowil as "T -he N09r,0 las,tr1r.t, r F -3 xlt),uin the Twn oof 3oynto ,, loridr,", to-wit- cmnml�,melng at the Intersor, t ion of thc,, ''seat lire of the fti(,!ht-0J'-I-V4y 0f the FloridR L,,ast ��,Oaot Railway Cmnpany and the N'brta line: of Arden Park kddLtion to the 7own of BOYL'toh, Florida; thenco ',"Pat along wid Nurth, line of Arden Far"k Addition aWi X0.110WIng Jd line o-�xtend&d to the r;entej� line af o=ty Road or Green Street axtended N,ortb; tbenta 0. 413 NE 12th Ave. - Local Historic Designation 1728 Vorth along said center Fine of, Co7anty Road and followlt),s said center line extended North to the South bank of the 30ynton,o,anal; thence following the South b,pxk Of the a3oyntOn cAhil In an Haoterly dirOctlOr" to the -Not line of the Kicht-of-ww of the Florida Eaat Qoast J�,&Jjway Lorapany.,, thence 1`6110ming said Nast line of the Florida East coast, Aelluly company's RIgbt—of-Way In a 5outharly. directiOn, to the point of boBinnIng. 2, That said Town Wo! here,by eatalc. lish and set apart all the romaining land or P&Poels of land within the TOWM Of BoyntOn, MAW, M0 0 SOPOV" r6s"B"' ""t or"stri nt to be her eartor ,?.rown as 117111ito ?Vhite District within the Town or Boyntom, h1orldn". 3. That It shall be unlawful Cor anwhite PO VO hereafter to establish or tal;�e up his or her pla Of re- sidence w1thin t1jo territorial jimils of awid 770".111% So set apart and establlshecl I or the jeq1v,,1once of negroes. 4. Thst It hhull be unWwfql for any negrO hcreafter' to establish or take up his or UqV pl&oe of residence wltbln the territorial limits of sajo, Toqn so aet apart. and, es- tabli5hod for the mAderuce 4;)f wtd� o persons. E , nj F a_ry white per s*n who shall be convicted 01", a violation of this Ordinance shall be subjuct to a fine of pot move than Five Hiandrod (0150,0.001 dollars, or im- pviscajyrA-,rit for not MOPO than 810y (60) days , or both such fine and InTrIaonment, in tho discretion 01' the cou"t. 6. That an,?r rje&vo Prl,,Loahoill be Lwnvicted of a of this urdinance Shall be subMt to a We Of UOL more thmn 27 413 NE 12th Ave. - Local Historic Designation 1729 Five Hundred hollarn, or inpr1sonment for not rwre than, Sixty (601 days, or both such fine and impriacnment In the woretiom or the court, 7. That wln.enover in this 0mlinance tlie tejin or Oplace of re,sidence" in used It sha.11 mean "a, plaze above one dwells or resides permanently", or, '11wiEere one re� idasll or the "home" of such person; and Oils may const it of one or mory rooms In a building, or It mabe an entire bull,dir,g, or more tTV13) OT'JO me above Ordinaoce Un, 57 bavlrtf.-�, been, r*end in full at a meetin or the Town (,,ornmisaion of the Tc�,vn of i3qratbt, Morlds, held an the Sth day—of February, A. D. 1924, was adopted and passed at a regular troeting of the aaid To= Counluslan hold on the 19th day of February A. D. and a copy thereof posted at the frc,"nt door of tae "Vown hall at Baymtonp Florida an the Nth day of Pebruarly A. D�. C. F. Knuth (8i,.gned) J. Powell (Sir of the To;m Of Boynton, k1orlda. MCI 413 NE 12th Ave. — Local Historic Designation 1730 Attachment B Ordinance No. 47, 1924 47 AE ORMUNCE 011" 7i;E To"11 01 1,1',ORIDA, SECTION I OF 0 RID IN Al;,CR NO. 31, AND EXTEI�'Dl]�G M.M TI�E Ob" TE.i!,' SEPAI&TE IMSID121TAL 7,TbJT,5 OR DrSTRICTS 1-1DR 1,`Eor"RO SAII) TO''M. BE IT ORDATUI.-M t�',V the TOWD COmnia;,gion Of the TV -Nn Of 13',)711torl�, b, I or i dq - 1, That Section I of Ugdjrixam!t) �10, 57 bo, anci, Ujo 4,ame is hey,-eby anended to jker,-W a,s fcjllow s; That said Tomn does '.aerebe9tablish and set apart tho Durid within the following described limits within tne Tromn of pJ,0,ynt��m, ilorida, to bu,, hereinrifter 1k.ripwrn as "The Keffro F.,'Pistrict. witbtn, the, 7o -m of Florirla", to -ji t. at the Intersection, of the ,'est line of the ri,ght-of-emay o'' the elorlOa Eaot,: 0as"t zilallra',3 a Wompony and the Uorth line of -rden kiddition to t1n,e Town c)f' bQ7ntcm-e, r,''Lc>pjdrj; U,enoe 77ogt along, ; J d, lorbi line of' Arden Pavk A(iditlon,, find following said Un e a�,.xtending, 4ewt to the cwMer line of Um Mmnty Road or Groon Stre0t, if' cjxtrnulcx� 1,.'orth along anid center line of LhK,,� k,cgunty -rm.d or, Groan ;,treet, If extemded 1,ortj , M fullowIng, said center- line t,o the middle section line dividing the 10opth and bouth halvvn of Section 21, Towuablp"5 SwAth, o�uige, 431 East; tlem;e ic-,it along half nection line 10"Ge !Mat line of the, Eawt half of Section 21, therce 1,ort,n, rjLorjL� said. 3ectlonf line to toe MAh omwc of ".he cnrwl; thence rol,louarq? t? --e sOUth batin.!,o.ff° said Acyntm; Canul In im 1i:asterl,T dii-ection Lc He Mat 11tio ot t'ne riW;bf,-of-way 0 413 NE 12th Ave. - Local Historic Designation 1731 of the flovida $not opst Agilroad omp=y; thence fanow- 1m; said eot line of the slorlds Egst 4alat Xailpqmd COMMY'S right -Of -why In a Motherly direction to the, "in.n in Who 010=0 Ordimance having been read in fall at a meeting or the "[14"nrn (�Qmwln Sion at the Town of Kyntop, Florldno hold on the 5OLb day of October, -. D. 1904, was aeJ.t')pte,)r2j �.,ind passed at a regular meeting of amid loon Coram Ission held an the 18tb day of Novenber, A.D. 1@24, and a copy thereof posted at the front door, cC the Town hall at Boynton, flovida C. F4 Knuth,layor (Signed) Harry Qnsrare ,Vice Uyor (Agned) MEC 413 NE 12th Ave. - Local Historic Designation 1732 Attachment C Ordinance No. 136, 1933 oRDINANZE UO* 1-36 AN ORDINAV03 OF TI-IZE TOTM OF BOYNION, PALM B01i COUTrTy. PLO R -IDA, TO PEO - UI AITE THE 7,TZE, P,THE 7811C STREETS, PARIM,, PUBLIC AND OTH4,R PLACES IN THE T0VM OP BO TO SY PERSON 5 OVER l AGE 07 E113HT4o= 'YEARS AND TO PROV�DE FOR TMt PROSHklh, FOR VIOLATION OF TWIS ORDINAMOR AND 71POR TIM IMPOSITION 0'? PENA1`1,M FOR SUCH VIOUTION.S. '39 �ITORDAIMU � BY THE TOWN COMMISS101; V rilEfE T00' l BOYNTONS, PAIX UACH COUPTY, FLORIDA, 1. Ttat in order to 'promote thepvbU10 peace, ,wI e :f&r,,e0 harMol FLJ, good Order of tlhe Tamen oil Boynton, irl. Palm Bomeh County, Florida tke'To wnGo=,i89,ion Of SAW T owna ono It neoessary. to ragulate the ue of' the publiu stre0tS, pa,r'cs, public and of ori plaaea In the Town of" go,),rntoby, pex,00ns over, the age of ei�htOen years 2., It shall be -unlawful, for an7 porison of the r,'Rucanian Falco over the age of eighteo-,n, 7eare to lot ter l, watider, stroll.. Or to about or in the, publle otreets par ka� p,ublio aortal other placlas, on, foot, In a vel-Aol* or, -any kind w1mtolcover, Or In arjq other w&y Vithin tWAt territory . in. th,(a Town of Bogt=, Florida, ostablisl*d and set. apart and knol as The Negro Dletlrict wit4ta tkjo Town of Boyntol Florlda,"t More pAx,ticujA.r'jy described, MR rollol Car C menaing tit the intorolectlon, of thl,-' 013t Line of the tight-of-Wa7 of the Florida Last C098t R&U-WaY 00l and the Iforth Dine of Arden Park &d.d1tion to t1ge Towil of Boynton, FloridA,j thence vest along said North Tine of Arden Park 4,141t:Lcyn. And, followiag smjid line extended 'Nest to the Oentor Line or Coont7 Road or Green 2,trd,ot Rmtendeal North-, tbenoo North along Saud Center Dine Of County Road, or, Green 3tre ot and, f'ollowing' fll&id Center T-Ine extended North to, the Soutb PAAU of Tl,.io Bo7nton Canal; thence 'olio wtngr the 5outh Dqnk o? tlie Boynton ^Oamxl in, an, Eantb�rI7 41rootion to tj,-10 Woa,t Liale oil the Rig ' ' ��ht-of`-vay ol' the Floril,da Sast 0,ol Rallwa7 0ormpany; thenGe ,folLowing said, 'West Line of t'bo Florida Bust CORst RalITR7 Comp%xgyfs RiglPht—OP-Way in a southerly d1raction to, t1 -W point of boginning;- gfto, the hour or, gloo oiciock Pat, of azxy ala l a,urtng the months of, October„ November$ December,, January, Fabtuna ry, Mq.,rcj-jp Aj,,irj , I and, Maya Or af te 37 t hO 17.0ur Of 1000 o1clock w a on any day aivinthe months of 31 413 NE 12th Ave. - Local Historic Designation 1733 June,, uu lF * Augtis,t aro. pte-mbo r ,, ir; ani. your: 11,niegs oalloa there to muter ra.eaiioal 03, surz,1091.1 aEa®ia.t&noe to parsons, realding In the Said lfegre Dintriot, or in came of my omer envy or oal,a' tty in the no-iti ' e, ro Ski e tri�ot, which emergency may "bo doolared. by the oo.natituted governing authority of the Town of Boynton, the '00ilnty of Palm I 8,011, the state of Fl..orida, or t;h 1a itaeai states of," kataerioa; provided, e e,t] t tbia o' dlzarioe shall not apply to lae mombexa of t o P0,1104 or Fire De�%rt ent of ttaa of Boynton# v1lon said, 'me broer,o In zv.it of their duties. , it shall e unlawful for any person of the gagro R&0e o+er the age of edglhtoon years to lollar, e trol,11 or be mbuut or In tl' ,Mblio streots, parks, publi,o arAl otfwr places, On foot,, in a, vo'M—Gle of aa7 ki Nl vI)Ataoerer, o,r in ai!q of or wsq, Within, that torritv'ry In the Town o ,s mono j'%or`i ,ax estatu:l.ialo4 and sat apart and lalo as *'1bo White Diatriot Tait .n the q°tawo, of Boynton Foal, a"'v,, hAei'u d1striot shall oo rl,,rye all or ttuo eid or par-coli of la.rld wit:lai,ur Lho Town of Boynton, Florida With the ecce tioru of *Tha Negro Dtstr,jot wi.tij,z the Tumli of Boynton, Floridga"' oro artioua'1arl cinaari'teeai in Section 2 of this Or, noe,, after the 'luoaur of 90 ololoek P.M. of any play during.tho moruthe of Ootoberj, N-overmber, Dooember, �auo uar+ Februau.r„ , MArchr April, and or after do tour° o 101 O'Clock P.M. on ami L7 afuarIn ttho menthn of juu xe,, julyp August and September, it any' lr1twar, unless, Cal,lad there by tls.e• oofu,ati,tute ove'rnI,n, auther ty of tlao Town of Boynton, the 0ountT of PAIM Zaaoh, the etat'oo of Florida,,, or the United States, of America. i# An,7 poreon violating amy of tl ,p o�'ieio�ne oP thin Ordinance skal be fined, not More than $0,Ei. 0 0 fior, each offenae, or be irt'pr°inoned in tho Ton Jail for the Jurcit&e .of tl!°,t,e ;;b carp l' e Court Of time T,o,prn of Boyn'ton, Florida. 50 All ordinrtnoee or �parts of Cridiru xt,ar00 'l'uu.- consist.ent with the, provizionet of this be Panai the as t.a are ).itrab7, repealed. 6. Thin Ord:inaaurteo- shnl'l take ef'fe�:t Dote ber :l, INN% The above Ordjnanoep Having,'been rad it f"t,al,,l at a rMe11�uulf.r matin of tl,�ta 'la6aarµ of own ul lmsionera on Hovember 7th, was duly pazuea and adopted on it Ms second and final riaa,!Ing, at a Regular %yaha't'f. '1 of the Board of Town tommlt�s'10 r°a La id tuau. 11overmber Mayor Vice it ,;;ror ,.,�,.......,.�.�.,.�. ,.� .,.m,.�..�.....,r,.,.,� Touuru Clor 32 413 NE 12th Ave. - Local Historic Designation 1734 Attachment D Happy Home Heights Plat, February 25, 1925 33 413 NE 12th Ave. — Local Historic Designation 1735 r I t Y O �.L.4"':cr1 .3, .. l l.. � � j y� I w � II n I I r mm I I .wj . w r II r� e ; � x �] � • �" pp � 1 i 33 413 NE 12th Ave. — Local Historic Designation 1735 A. PROPERTY INFORMATION: 1. Property Name/Proposed Name: Reason for selecting this name: �u.M:...M: ...., ...__..._ _ 2. Property Address:... ..................�...,.�.�.._..__- �.....M..........._............M...M.M.M.M........................�..�.......................mw..._..�..........�._�.. 3. Parcel Control Number (PCN)*: -aL WMBmLK . CTY RNG TWP SEC SUB LOT List all PCN's on an attached addendum for applications comprised of multiple lots. 4. Legal Description*: —.— M.M.M.M.M....._......w...w...w............w_ µ:..wa..u_...._..._..._ ......... _— —_......._.... " Provide on attached addendum if more space is needed. _ 5. Existing Land Use Classification from Future Land Use Map): 6. Existing Zoning District (from Official Zoning Map): 7. Is the property located in the Community Redevelopment Agency area? Yes No ❑ 8. If yes to Question #7 above, what is the name of the applicable redevelopment plan? ..................__.....w.......... 11. Current Designation: Is the site or structure individually listed on the National Register? Yes ❑ No 111-100, Is the site or structure located in a Local or National Historic District? Yes ❑ No C9" If the site or structure is in a district, is it a contributing site or structure? Yes ❑ No ❑ 2 1737 II. ARCHITECTURE & CONSTRUCTION DETAILS A. ARCHITECTURAL INFORMATION (if unsure leave blank and staff will assist) 1. Original Use of Property: Current Use of Property' _ ... .......... ....... ....�.......� 2. Architectural Style: 3. Architect (if known): _:::m_..`w�wva__w.w.......u..w.w..w........wHw..u_v_.v_.._._...._._.._ Source: 4. Builder (if known): Source: 5. Construction Dates: 6. Has the structure been altered e.g. ��new windows, change eµYof roof covering etc.' YµµµYesM~ NowwEl g g JetaIIS InCIUae aeSCfl t1onS, nates, ana sources Continue On a Se Grate Sneer It µ� 7. Have any additions been made to the property e.g. extra rooms, extensions? Yes ❑ No EY" uetalls Uncluae aescnpuons, sates, ano sources, continue an a separate sneer It requlrea 3 1738 8. Has the structure been moved? Yes 0 No EY Details (Include descriptions, dates, and sources, continue on a separate sheet if required) B. MATERIALS 1. Foundation: 2. Structural System: 3. Exterior Walls: 4. Roof Types& C 5. Chimney Number & Materials: 211 6. Windows Type& Materials: 7. Other Materials e.g. Facings, Veneers, Decorative Elements: B C. CURRENT CONDITION OF SITE & STRUCTURES Excellent 0 Good Q/ Fair 0 Poor 0 List details of required repairs if known 5, a D. OTHER SIGNIFICANT FEATURES List details of any other significant features not included above e.g. exterior building features and ornamentation, interior features, landscape features, etc. 4 1739 ill. HISTORICAL INFORMATION A. SIGNIFICANT EVENTS Describe any historically significant events associated with the site or structure. 7 s 44 ee'. B. SIGNIFICANT PERSON tZl iN e - Provide details of any historically significant persons associated with the site or structure.,.If known, also include details of the original owners. ---- — - ------ - ------- r-7 , > 5yw C. ANECDOTES AND/OR STORIES Provide a summary of any anecdotes and/or stories associated with the site or structure. '71 D. ARCHAEOLOGY Describe any known archaeology associated with the site. 5 1740 Io SIGNIFICANCE A site or structure must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, and association. Usually, a structure must also be at least 50 years old. In addition to having integrity, the site or structure must also meet at least one of the following criteria. Check all criteria that I to the site or structure. [9"" Is associated with events that have made a significant contribution to the broad patterns of the City's history. C" Is associated with the lives of persons significant in the City's past. I"., Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. 0 Has yielded, or may be likely to yield, information important in prehistory or history, ® Is listed in the National Register of Historic Places. Ordinarily cemeteries, birthplaces, graves of historical figure, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places, However, such properties will qualify if they area integral parts of districts that do meet the criteria or if they fall within the following categories - a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grove of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or . A property achieving significance within the past 50 years if It is of exceptional importance. 6 174 B. AREA OF SIGNIFICANCE Whereas the Criteria for Significance listed above identify the site or structure's association with history, the Area of Significance identifies sub -areas within the history field to which the property relates. At least one area of significance from the following list must be identified for a site or structure to be eligible. Check the Areas of Significance that apply. ❑ Agriculture Architecture ❑ Archaeology ❑ Art ❑ Commerce ❑ Communications ❑ Engineering ❑ Entertainment/Recreation ❑ Ethnic Heritage ❑ Exploration/Settlement ❑ Health/Medicine ❑ Industry ❑ Community Planning & Dev. ❑ Invention ❑ Conservation ❑ Landscape Architecture ❑ Economics ❑ Law ❑ Education ❑ Literature Other (explain): C. PERIOD OF SIGNIFICANCE ❑ Maritime History ❑ Military ❑ Performing Arts ❑ Philosophy ❑ Politics/Government ❑ Religion ❑ Science ❑ Social History ❑ Transportation The Period of Significance is defined in National Register Bulletin 16A as: "the length of time when a property was associated with important events, activities, or persons, or attained the characteristics which qualify it for National Register listing. Period of significance usually begins with the date when significant activities or events began giving the property its historic significance; this is often a date of construction. For prehistoric properties, the period of significance is the broad span of time about which the site or district is likely to provide information; it is often the period associated with a particular cultural group." For the site of an important event, such as a pivotal five-month labor strike, the period of significance is the time when the event occurred. For properties associated with historic trends, such as commercial development, the period of significance is the span of time when the property actively contributed to the trend. For a property associated with a significant person, the period of significance is usually the length of time the property was associated with the important person. For architecturally significant properties, the period of significance is the date of construction and/or the dates of any significant alterations and additions. The period of significance for an archeological site is the estimated time when it was occupied or used for reasons related to its importance, for example, 3000-2500 B.C. Identify and explain the periods of significance associated with the site or structure: fry M.,......�. M..�.,K.....ri,.M 742 D. STATEMENT OF SIGNIFICANCE Based on the above, explain the site or structure's integrity and significance. Include any biographical data on significant persons, architects, builders if known. Continue on a separate sheet if necessary. (Provide typed attachment if preferred). W., A Am 22 =2 a�? V. BIBLIOGRAPHY All sources cited in this application must be included in the bibliography. Continue on a separate sheet if necessary. (Provide typed attachment if preferred). e, / 1`7 /— 41: iw�c--s-6" M M 1743 VI. APPLICANT AND PROPERTY OWNER INFORMATION A. APPLICANT: 1. Name: 2. Address: City: State: Zip Code: ....... . . . . .... . .... Phone:Email: (o 3. Interest in Property (check one)*: Owner Agent 0, Contract Purchaser 0, * Include a copy of the last recorded Warranty Deed with all applications. a. Include written consent of all property owners of record if subject property is under joint or multiple ownership. b. If an authorized agent, include a copy of the Agent Agreement or written consent by the seller(s) and owner(s). B. PROPERTY OWNER INFORMATION: 1. Name of Property Owner (Trustee): ...... 2. Owner Address: h—� City: State: Zip Code:,,�,- C. AGENT INFORMATION*: 1. Name: '---'... --, ''--"-'—— * All corresTcnence will 6e"mailed to the agent of record Fn all corre--spn`de''Csnce will be mailed to the applicant. This party will receive agendas, letters, and other material. Company Name: 2. Address: City: . ................ ......... .......... . ..... State: Phone: Email: D. AUTHORIZATION OF AGENT: Signature of authorized agent. Signature of Owner(s) or Trustee, of authorized principal if property is owned by a corporation or other business entity. OR Signature of contract purchaser (if applicant). 9 Zip Code: Date Date Date 1744 E. CERTIFICATION: (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the Planning and Zoning Division. (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of Date authorized principal if property is owned by a corporation or other business entity. .W Signature of contract purchaser (if applicant). Date A representative must be present at all Historic Resources Preservation Board (HRPB) meetings and City Commission meetings held to review this application. VII. PUBLIC NOTICING REQUIREMENTS: The public noticing requirements contained herein shall be applicable to all historic site designation applications. Pursuant to City of Boynton Beach Ordinance 12-016, no quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: A. MAILING: The applicant shall mail a notice of the time, place and subject matter of the public hearing to all individuals and associations owning or having control over abutting or adjacent property as determined by the Historic Preservation Planner. Property owner details may be obtained from the Palm Beach County Property Appraiser website or by contacting one of the offices listed below. A copy of the notice and a list of the property owners contacted shall be mailed to the Planning and Zoning Division, City of Boynton Beach. All notices shall be mailed by first class mail and postmarked no less than 10 calendar days before the public hearing. Palm Beach County Property Appraiser Office Attention: Mapping Division Downtown Service Center 301 Forth Olive Avenue West Palm Beach, FL 33401 Phone: (561) 355-2366 South County Office 14925 Cumberland Drive Delray Beach, PL 33446 Phone: (561) 276-1250 LgE://www,pbcqov.com/r�arsa/ 10 1745 01.1 Publications City of Boynton Beach.Land Development Regulations. WE Society & Friends of i Beach City Library, 1995. Historic District Design Guidelines, City of Boynton Beach, 2013. Pedersen,and Dev'ries, J.M. 'Pioneering Palm Beach, the Deweys and the South Florida Frontier. Charleston, SC: The History Press, 2012. Polk's Lake Worth and Boynton Beach (Palm Beach Count)4 Fla) City Directory. R.L. Polk & Co., Publishers, Richmond, VA, 1958-1967. Polk's Lake Worth Bo�,-inton Beach and Lantana VPolm Beach CountN Elo�j t�i oZ N DirectsyydWWz- & Co. Publishers, Richmond, VA, 1968-1975. bid=O frdinance No. 47, Town of Boynton. City of Boynton Beach Public Records 1924� httDs://Ifriub.i)bfl.us/WebL!nk/DocView.aspX?id=13116&dbid=O Airdinance No. 136 Town of Bo nton. Cit of Bointon Beach Public Records. 1933. Newspapers Palm Beach Post, "Boynton", June 3, 1925, p.19 (Newspapers.com). Palm Beach Post, "Building Permits", June 8, 1939, p.2 (Newspapers.com). Palm Beach Post, "Negroes Present 3 -Point ProgramMay 22, 1951, p.7 (Newspapers.co Palm Beach Post "Juanita Suttle Meeks", November 6,1991, p.117 (Newspapers.com). I Websites City of Boynton Beach website, page consulted on various dates. 24 413 NE 1201 Ave. — Local Historic Designation 1746 htt s,: www.bo nton-beach.o„ City of Boynton Beach Black History Website, page consulted October 1, 2022. htt histgrl. boynton-beach.o black-histoa Boynton Beach Historical Society Website "Boynton Beach's Poinciana School History". Page consulted October 9, 2022. http://www.boyntonhistory.org/category/black-history/ Google Street View, page consulted on various dates. htt www. oo I 11,011,1111 :!Is lace 41 +NE+12th+Ave + non+Beach +FL+3343 X26.5 7734 - 8 . 87857 3a 75 335.84h 88.19t data=lam 11e1 m4llsiBTV oNA R Nx 40Ze4wl2e017i16384! ', 819214m5l3m4lisOx88d8df fl6468ef: x6d7268c4cdadb3acl8m2l3d26.537 79l4d-80.0588731 Newspapers.com, page consulted on various dates. htt s: www.n ws a ers.c m Palm Beach County Property Appraiser, page consulted on various dates. htt s: www. be ov.or a a As s Pro ert Detai! Pro �t Detail.as _x? arcel=08434 21200010170&, sr ht e=MASTER rchVal=413 20ne%2012th 20ave, USGS htt s: n mdb.us s. ov h -bin tv browse. I?id= 35ac52ff0f000926d18204c78188 ommunication-„s Dr. Martha Meeks -Light written communication, August 7, 2022. Victor D. Norfus (son of Dr. Martha Meeks -Light) oral communication, various dates. 25 413 NE 121' Ave. — Local Historic Designation 1747 co ti T m ti T CD LO ti T W VW/ L � L �a cn i 0 a--+ LL / E Q Z L T L a--� LO O C M LO 0 (6 L M o m� 0 +r U 0 Q L m W Z V CD LO ti T T LO ti T E /L co W U •� � � Q a o C7) CO (o U � � O Q C W J N (n .. Q 1 Z� T LO ti T 0- U) C m >O N El El N LO ti T O ■ O � L Q N � N N � p (0 CL J 0- U) C m >O N El El N LO ti T M LO ti T Advisory Board Vacancies as of May 02, 2023 Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin II Hay IV Kelley Regular 2 -year term Regular 2 -year term 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 Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay 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 Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term Applicants: Naomi Cobb - Current Regular member seeking reappointment. Completed two terms. Chevette Gadson Golene Gordon - Current Regular member seeking reappointment. Completed two terms. Gregory Hartmann Mark Jackowiak Ellen Jones Alexandria Lopresto Noelle McIntyre Heather Posta Lesha Roundtree 1754 Advisory Board Vacancies as of May 02, 2023 Education and Youth Advisory Board 2 -Year term Regular member 2 (2 year) terms 2 -year term Alternate/Student Member 2 (1 year) terms 2 -year term Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 1 -year term II Hay Student 1 -year term IV Kelley Student 1 -year term Mayor Penserga Student 1 -year term Applicants: Francois Calixte-Dieuvil - Current Regular member seeking reappointment. Completed one term. Nicolas Giacolne Dr. Teresa Kasey-McClendon Valorie Valcourt - Current Regular member seeking reappointment. Completed one term. Historic Resources Preservation Board — Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Alternate 1 -year term Applicant: Bradley Jackson Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz II Hay IV Kelley Mayor Penserga Vice Mayor Turkin Regular 2 -Year term Regular 2 -year term Regular 2 -year term Alternate 1 -year term 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. 1755 Advisory Board Vacancies as of May 02, 2023 Planning & Development Board - Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Atlernate Applicants: Vanessa Belmonte Ellen Jones Alexandria Lopresto Lesha Roundtree Nicholas Tunno Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Mayor Penserga Vice Mayor Turkin 2 -year term 2 -year term 1 -year term 2 -year term Regular 2 -year term Regular 2 -year term 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. Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term 1756 Stanzioine,, Tammy From- ace < i~ or r-epal yt"�)123fornil)uiider-.com> Sent: TLIesday, March 14, 2023 2:44 PM To- City Gerk Subject: Advisory Board Appointment application Attachments: ATR-resurne-2023.pdf Today's date 03/14/2023 Name Ace Tilton Ra:tcliff phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@staywejrdbekjnd.corn Current occupation or, if retired, prior Self-employed artist and writer occupation Education BA in Pofifica0 Science from UCF Are you a registered Y voter? I Do you reside withiin the Boynton �Beach Y' city limits? Dio you own/mainage If "yes", name of Harper's PrOrni5e, CUirrently on hiatus business. Are you currently serving on a City Y bolaird? I Have you served on a City bard in the Yes past? If "yes", which, Yes, I am a vnernber of the Library Board as well as the Art Board, My terrn on the Art Board has bolaird(s,) and whn? come to an end but I am efigibIle to re -apply. Have you ever, been, �No P? If "yes", when and N/A where? 1757 OEM= If appointed by the City Commission to 7f7 - willing to serve in thiis capacity?' ZGEMMSEEM Yes Personal i ani a working artist who makes my living as a rrietalworker', mixed -acedia artist, photographer, Qua:lificaitionis and author. I have grown UP in Boynton Beach and though 1: left for some time to live in California, I returned in 2019 because I wanted to be in my hornetown. I attended Dreyfoos High School of the Arts and graduated in 20,05. 1 have been an active arid excited'i rriernber 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 IAAHPC Member Feel free to a,ttaich/upload a:in d=38,0b8a7l].04aie843,9le6c5el22526cObel ) 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 mesa, e has been serrt from 185,20,3.219,28 (,United States) at 20 I1 14 13*4135 on Chrome 1()9,0,0,0 Entry 0: 606 Referrer: httasjLwwA,.bc)ltitori-bcacti.o[U Form Host: 8-321A/�i �aa: hgaLdLilzig Llut n, men t - auml Lcat tic 1758 m„�WI�� ''lll��llo sMVli �V^Nti V� ac N�UIVu�„ IU�Wr � N�µJ oM'V'ft� u�'V%�, w�n� (IV �Ndlo*'�Yd�. "�Nw a "�ll�lwo�^^ w., 1�4� w Gu„ ��'Id;«, E, Y&VO I Nil fF' 00WITY -0 a missaim, They[Thern Pronouns ryluillw1by"Iludly alrrssl ullube UUM qTaPPWb %14'1111 IFIC U1l5UV4eTj Ul bell MiTyff) Ille wellenuebi ulat knaMN-141' U411 chitchat, but damn good art, Will W i- ..INN milli Robinette Kowal and Alix Harrow, They have an AS in funera I siervices; six years experience as a funeral 5; Promise_a_v_PterinaQlpractice 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 undierdog� they live with four dogs and three cats, alt abandoned' street animalsi. Ttm)��d-cwrwtraldzr V -MK#*& kv their scooter to the beach to read, El"'XPEMENCE & SIU" US CEO, Stay Weird, Be Kind Studios I December, 20,11 - 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 j Illy, 2023 from Simon & Schuster. Ace has bylines at places like Gizmodo, Popular Science, log, fluffington Post, Eater, and many more. Ace Eras 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 ,rhe 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 Scierice Fiction Convention 2,020, Ace has been featured on a number of podcasts, including Maximum Fun's Reading Glasses, WNYC's Note to pelf, 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, Toy, and Rosen Publishing, Ace has been awarded the D, Franklin Defying Doomsday Award and nominated for a pushcart Prize 1759 Ace possesses a dedicated group of almost of 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 like local abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. fro- ottn er, Dhcare Advisor Harp is Promise, LLC I January, of - Present Harper's Promise is air in- home pet euthanasia, hospice and palliative care practice devoted ,tohelping, families throughout South Florida provide the best possible end of life experience. In 2017,,Ace co-founded the practice with their partner, Dr. Derek Calhoun (a veterinarian), after the death of their ctilhualtua, 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 f erek keep Harpers Promise by helping, provide pets a good death, which is air integral part of a good fife. Funeral Director, Embabner, & Crernatory Operator Paren t- Sorensen Mortuary & Crematory. I January, 2014 - August, 2015 Wilson & Kratzer Mortuaries I October, 2012 — January, 2014 Smith & Witter Funeral Home I January, 2012 — AUgUSt 1, 2012 Boynton Memoriol'Chopet 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 riot working independently. She conceptualized funerals for thousands of families from a mu ;titude 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. Nominum,' Inc, Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end, -users - typically system administrators, Site 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 docurnent creation. She is willing and able to learn any new software or programs required. un et 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 1760 communications released by the company. Ace implemented multiple lel gli-level, marketing -oriented processes and procedures, witIr a strong focus on social rnedi a maintenance across multilaic major platforms. ACII VOTHES &, 0RG)4,NLZI' TIONS City of Boynton each Art Advisory Board, Member City of Boynton Beach Library Advisory Board, Mernber IAAI I PC Member EN )UCATV'J American River College, Sacramento, (A - AS., Funeral Servi(eS 201-2 University of Central Florida, Orlando, FL, -- BA., Politicol ScienCe 201.0 1761 Stanzione, Tammy From. Oty Clerk Sent: 1 uesday, March 14, 2023 5:53 PM To- De Jem.rs, Maylee; Stan zione, Tanirvy Subject: FW: Advisory Board Appointryient application From: drnrcobb <i,ioreply@,123fori"nbuiilder.coTi> Sent: Tuesday, March 14, 2023 5:52 PIM To: City Clerk <CityCIerk@bbfI,us> Subject: Advisory Board Appointment appilication, =iw Name Phorn e number Address MM Education 013/14/2023 Naoirni Cobb 95�4-6916�-18,33 10,07 SE 3rd Street Boynton Beach FL ' 435 United States drnrcoLtLa)_&qj�Li�x..om W232M= MOE Do you res�ide within the Y Boynton Beaich CISI ity limits? Do you own/manage a busiiness within City limits? T1 29031�� Are you currently serving on a Yes City board? Have you ser,ved on a City Yes board In thfast`? If "yes", which board(s) and CRA when? Haveyou ev been convicted Yes, of a crime? If "Yes", when, and where? Georgia 1982 Advisory Board Community Redevellopment Agency Advisory Board 1762 aM w� M M Personal Qualifications Currently serve as Chair if CRA Advisory Board FOrfflelt° Pub�lic Administrator Currently employed as a Risk Manager for a non profit acrd have over 40 years as a public employee Professional IMemberships SHRM Feel free to, attach/upload an extra shieetear resume. Certification 1, the applicant, hereby certify that the state rne rits and answers provided hereirl are true and accurate. I understand that, if appointed, awry false statements may be cause for reirnoval from a board. The rnessage has been sent from 66. .0,10 (United States) at 2023-03,14 16:5MI on Chronie 11 .01,0, ErM'y ID,: 608 Referrer. h s, W,Ab�dnton-bg�ad .1tp,J1 n 'i � ci r Forn'i ldost: ry-hoaLd �L J Liqjent al )n L)8.32 4La.Jyjs 0 _2_ L �pi) L �aUL_ 1763 Stanzione, Tammy 0, -Now WM- From. City Clerk Sent-. Tuesday, April 18, 2023 10:19 AM To: Stanzione, 1"arnrny Subject: FW Advisory Board Appointment application Attachments,. CGadsonResurne-,2022.pdf From: CM&adson4 �-,noireply@1forryibui,G(ler,coni��, Sent: TLIesday, April 18, 2023 10 10 AM To- City Clerk <CityClerk@bbfI.us> Subject. Advisory Board Appointment application Today's date O /18/2023 Name Chevette, Gadson Phone number 561-702-9973 Address 1480 NO. 3rd Street BOYNTON BEACH FL 33435-2622 Netherlands Email Current occupation or, if retired, prior Manager, Clint of School Programs occupation Education master of Science, Counseling Psychology Are you a regilst�ered y voter? I Do you reside within the Boynton Beach Y City firnits? Doyou own/manage Are you current�ly servi ng on a City Y1 boa,rd? Have you served on a City boarUII d in the it III past? I 1764 if "'Yes", which Education and Youth Advisory, Board - currently serving now boaird(s) and wheO IIS If "yes", when and where? Advisory Board Community Redevelopment Agency, Advisory Board J appointed by the City Commission to ;erve as Board Chair No or Vice Chair are ISI �II you willing to serve in this "ty? capad Personal I have beeni long-standing resident of Boynton Beach for 40+ years. Qualifications I have a B,A, degree in Finance. I have been a member of the Education and Youth, Advisory Board since Septernber 2019. 1 served as chapter president for the South Palm Beach, County Alurninae Chapter of Delta Sigma Theta, Sorority, Inc, for four years which included overseeing community prograrns and projects. I arri currently a Manager in the Departaient of Extended Learning with the RaIrri Beach County School District where, I oversee and support 40+ middle school afterschool pro rams with over a $2,00 ,01010 budget, I arum passionate and eager to serve the Boynton Beach community, professional Palm Beach School Counseling Association Memberships, Delta Sigma Theta Sorority, Inc. (Life rnernber) University of South Florida Alumni Association (Life mernber) Feel free to attach/upload aner (01�1&.L)L(Lad Ild 11 -,yc gt�j: 4!,, Od, I c extra sheet or 144d34 �ttps,Lfo n112YSLr�nLld, bu j_ 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 rnessage has been sent frorn 127.01.0.1 (Neffiedands) at 2023-04-18 09:10;26 on Chrome 110.0.0,0 Entry ID: 622 Referrer: Form Host: I_1t-1j?2-:/In,..I1-foar nbuld'Ider,corn/5,3LA/9�y�gly g4 d.. ointen -Pp!Ilc.a.. .....o n 1765 Starizione, TarnintX From: City Clerk Sent: Thursday, April 13, 2023 8:46 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: glouis129 <noreply@123formbuilder.com> Sent: Thursday, April 13, 2023 8:29 AM To: City Clerk <CityClerk@bbfl.uis> Subje,ct: Advisory Board Appointment applicatNoni Name Phone number Address EM n 04/13/20,23 GO,LENE GORDON 230 LAKE MONTEREY CIR BOYNTON BEACH Fl. 33426 United States &Lo3Js129@gmafl..gom Real estate agent, financial specialist and life insurance broker Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Dooui own/manaU a business it's w 'thin City li'miits? 1 1 1 1 If "Yes"', name of business: GORDON SOLUTION LLC Are you currently serving oni a Yes City board? Have you served on a City Yes be in the Past? if "Yes", whiich board(s) andl CURRENTILT SERVING AS A MEMBER OF CRAAB, FORMER ART COMMISSION BOARD when? AND FORMER F&D BOARD Have you ever been convicted No of a crime? if "Yes"', when and where? Advisory BoardCommunity Redevelopment Agency Advisory Board 1766 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 MY MANY YEARS OF SERWNG THE COMMUNITY Professional Memberships MATERS OF lSMESS ADMIMSTRATION' 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 faise staternents may be cause for removal from a board. The rnessage has been sent frorn 69.18,0,113, 28 (Ulniited States at 20,23 04-13, 07:29-1019 on Chrome 111ff0,0 Entry ID: 617 ReferrerhtjpL-,jj bgLy_n_LQq-bp_4�,th'ggz -- _NyA�y _ Fc Host� htt :� fon,n.123foirrnbLdIder,ccon 32L4Za0visq oard-!prLqi 9t_ment-appflcation 1767 Stanzione, Tammy From: ogre harts en,or,eply(�i)123foirmbui�ldler,,com> Sent- Thursday, March 3,01, 2023 3:57 PM To: City Clerk Subject- Advisory Board Appointment application Today's date 03/30/2023 Name Gregory Hartmann Phone number 954-258-3236 Address 1083 SW 25 PL Boynton Beach FL 33426 United States Em,all gregliairts@'prtotiinai�.co�rii Current occupation or, if Motion Graphic Artist/Business, owner retired, prior occupation Education ConnECfiCUt School of Broadcasting, Do you reside within the Yes Boynton Beach City llimits? Doyou own/manage a buisi�ness Yes within City lini If "yes", naime of business: Modern Animal LLC Are you currently serving of a Yes it board? Have you served on a City Yes board in the paist? If "yes"", wphich board(s) and whenArts AdvisoBo ry ard ? Have you ever bieein convicted No xif a crime? if appointed by the City C,omm,ilssilon to serve as Board Yes Chair, or Vice Chair are you willing to, serve in this capacity? Personal Quail Ifications; My qualifications to, be on the CRA advisory board are that of a srnalt business owner and engaged conistrtuenit who wants to bring their lousiness and life experience to the board. VI also serve the city on the Arts Advisory Board, I have volunteered and engaged I 1768 the local community over the years, & have the understanding needed to help move the CRA and city in a positive direction, Professional Memberships Defray Beach P,BA =- 1707mr. MM Ytt oir resumei, Certification 1, the applicant, hereby certify that the staternents, and answers provided herein are true and accurate. I understand that, if appointed, any false staternents may be cause for removal from, a, board. The message has, been sent from 9,35.29.1.59 (Unfted 5tates) at 2023 013.30 14:57.-08 on Safari 15kl Entry ID: 613 Referrer: hit s: g, iLonzbe, rL/ yL Forni Host:iLttRs.diorrrij.123fon ,mbuide -COD)5 3LIAbAy-qL�20 yjsorko oigtrTignL- i d6on, _ _ -- 1769 From: City Clerk Sent: Monday, April 17,2023&03 AM T+o: Stanzione, Tarnmy; De Jesus, Maylee Subject, FW: Advisory Board Appointrnent application Attachments: Mairk-,Jackowiaik.-Re$Llltne-04112023.pdf From-, rnjackowiak <noreply@123forTTibLilderconi> Sent: Friday, April 14, 2023 4:55 PM To: City Clerk <Cit,yClerk@bbfl.us> Subject: Advisory Board Appointnient application 04/14/2023 561-374-.0031 Address 3156 N Greenleaf Circle Boynton Beach FL 33426 United States Email�7gj�V_�P!)jt QW.�,L� (X�) - wYLaj-C�h . COM _C Current occupation or, If retired, prior CEO and Founder occupation Education Depaul University - Bachelor Degree of Arts in Business Management and Entrepreneurship, Are you a registered Yes voter? Do you reside within the Boynton Beach Yes i City, ilmlits? Do you own/manage a business within City Yes limits? If "Yes,", name of Ze,lta Home match business: Are you currently serving on a City No board? 0 1770 If "Yes", which Cornsurner Protection Commission -teak Forest, IL 2004 board(s) and when? Have you ever been No convicted of a crinne? if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board lf,appointled by the C-Ity Commission to serve as Board Chair Yes or Vice, Chair are you willing to sierve in this, capacity? Personal My career in sales has given the ability to effectively comrnUni4cate and build strong Qualifications relationships. I served on the Consurners Protection Commi:sion, whichm I acted as a liaison between the community and businesses in the community, I currently olwin a home watch business in Boynton Beach and watch homes in Palm Beach County. I am serving as an Ambassador (Business Mentor) for the Dell,ray Beach Charnber of Commerce, 11, am bonded, Insured) and background checked with the National Horne Watch Association. I an') licensed a FlISAA Football and Baseball official. I have overall rating of 4.8. Professional National Horne Watch Association Memberships Delray Beach Chamber of Commerce - Arnbassador Committee Florida High School Athletic Association Feel free, to attach/upload anp �htt sILfoi,rn,123formbLJilder,.corTr 51L� extra, sheet or resuime. Certification 1, the applicant, hereby certify that the statements ands answers provided herein are true and accurate. I understand that, ifr appoh'ited, any false statements may be cause for renioval from a board. ThE! messwee has been: sent from 68.91.221,102 (United States) at 2023-04 14 15:55:21 on Chrorne 1.12,0.0.0 Entry ID: 619 Referrer tttiA.5!Lmv—wtoo yrLtgLl-b—LiLr!'i-o—rgZ Form Host: h 11,5� forni 1l �u LHder san-I L.51N t4 ns f k 1lrc fpjqULjjL-. e .p.pjjqatjon 1771 MARK AAACKOWIAK Boynton Beach, I'L, 1 561.374,0031 CAREER SUMMARY Accotripi i shed bUShICSS entrepreneur and sales professional experienced irr niaxiinizing, business -to -business sale%within highly competitive markets. Expert closer committed to a soWflon-biised sales apl'.)roach and as Cu stomer-cent ered focus. J',",'xceptimial aabdity to build and im,'dntahi relatiorisilips with key decision makers. I"roven track record ol"exceeding indlion-doHar annual sales qw)tas. U'Atraordinary conitnunication and organizational skills. 0 Ncxv BUSiness Development Territory NIanagerilent Cl -Level Sales Relationships 11 KI'll LIGHTS Prospecting an(] Cold Calling COIISUltatiVe & S(flUtion Sales New Account Acquisition • Client Relationship Management • Key Account Management • Ucadershnp & Team Building PR(I WESSIONAL EXPERIENCE ZELTA HOME, WTCH — Boynton Beach, Fl, Dec 2022 to Current CE0 and 14'oander— Conduct vissual inspection, of a horne or property, looking for obvious issues. Ideatify water, inold and pest problems, or with various outside contractors to repair or service tile properties. Word ofmouth referrals and niat-ket affluent communities to secure an(] protect their hornes. Member ofthe National Home Watch Association -- insured, bonded and critri ina I background check I Nleniber ofthe Delray Beach Chamber of Commerce -- Accepted as an Arnbassador. Affiliation atid strong reiationship with All Trades Consiruction Company for Pr(Ject Management Top 10�% Home Watch Businesses in Paint Beach County, FL MONEY MAILER OF GREATER ORLAND — Frankfort, 11, Apr 2017 to Apr 202'2' f'runchise Responsible for day-to-day operations, monthly` profn and loss reporting, help businessesand nianagenieni create strategic plans to, niarket their prodUcis and services through direct rnail, rnobile and digital niarketing, • I nereased profit margins over 63% year over year • C lensed over 2,,469 spots ofadvertising in 20 19 • ANvartled Special Achievenient Award for increasing 1,573 spots� • Received the Dianumid ( I lub Member for being recognized of Outstanding Actdevenient of 501,4 montfis MAIIJACK EN'T"ERPRISE S, LLC — Oak Forest, IL Mar 2005 to Dec 2'018 ,Real Eslate Investor/Properq, Almutger — 1""UrChased real estate propertiesand land in ( 4eorgia, f1orida, Illinois, and 'rennesm,e, Managed and, operated rental properties in Illinois, Responsible I"or tic; day-to-day, activities in, the upkeepand inairocriance schedules with all vendors and contractors. * Negotiated reduced rates with triaintenance coinpanies, saving 10',N� annually * Screened applicants, coridticted background checks, dralled lease documents and collected rent checks 0, Coordiruitcd d, tender for tie", maintenance suppliers, successfully, saving the bUSiness 75% of the budget 1772 NIAWA.JA(1X0W1AK l"ACK41.1 — Oak Forest, IL Jan 2016 to Jul 2017 Rqriotud,'Yales Director- S,old autornared solutions to retail and long -terns care pharmacies fiv slailup verAure. Cover seven states, in Midwest Region, Develop strategic relationships vvilli pharinaccutical whoesalers, automation providers and software vendors to build pipeline. * Ck)scd firms' first pliarniacy deal in Indiana, converting client llroni rnanual process 1.0 OL11'automated solutiom: client realized cost savings of$30,000 * Generated 191 leads and 10 new opportUllitieS, in I'lorida,'I"exas and Illinois * (,`,onsult with pliarmacies aboUl tfic R01 ofliatient-specific compliance packaging CINTAS (Fornierly Zee Medioil) — Chicago South, It., Jan 2015 to Dee 2016 Sqjtv andT'irs1Ait,1,Sa1es Consultant— Rcspovisible for the sale of in': aid supplies, training prog)ams, ernergency first - responder products andi personal protection equiptitent. Developed solution -based sales relationships by identifying potential probleirt areas in workplace safety. • Altained (.wer 130% ofquota in first quarter of 2015 • Ranked in the top 5% ofsales organization based on year-to-date sales revenue • Added 25 new accounts in municipal, industrial, retail and transportation segments AVIS BUD(YET CAR RE'NTAI-, GR(')tJP— Western Suburbs, [L MaY 2012 to Dee 2014 liulef)endentAgenc,j) Operalor—Maintafited as bminess plan airvied at developing rent -a -u ar business in local area. 1)eveloped and used internal relationships to ensure NO was niaJ wai tied and available. Responsibifitics included: budgethig, payroll, and ernployee numagenient. Hired, tvihvd, arrrcl motivated as tcan'r ()Henlal Associates, # l locatiori in counter sales revenue at 121% in January 2014 for Western Region Managed (lay to day operations of as $500,000 location, 10% revenue growth over, YTD 2013 Attained 1(.t10% ofmonthly counter sales incentive prograin for 200 WOLTERS KLIJWER FINANCIAL SERVICES, — Headquar(cred in St. Cloud, NIN Jan 2011 to Mez 2012 Y Account Executive - Sold compliance, audit and risk nianagernenj S0j'tjVrarc solutions to C01nfl1Uni1Y banks niortgage lenders and insurance organizations, Collaborated with sales, retention speciaNsts and support partners to nicetchanging custonier needs. Attained l 00IN of'S] .4 nidli011 arlt'IMII SUbscriplion inventory quota i`xceedcd annual softwatre quota by 150011 C0111dUCted groul:)software demo, closed three out offive altendees, produced $60,000 in new sales DEPAUL UNIVERSITY - Chicago, Illinois Bachelor of its in Business Managerrient EDUCATION ASSOCIATIONS NATIONAL 1:10ME WA'1`01 ASSOCIATION - NUWA I)ELRAY BENCH (TIAMBER OF COMMERCE --AC" 'BASSA ORS COMMITTEE 1773 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1774 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What 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. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1775 Stan"Mone, Tamill From: City Gei,k Sent: Wednesday, April! 19, 2023 433 PM To: Stainzione, Tarnniy„ De Jesus, Mayleel Subject. FW: Advisory Board Appointnrient application Attachiments: Ali Lol-,)resto . Resunie-2021(focx From-, aml9889 <tiiorepty@)1123for-ryibtjilder.com> Sent: Wednesday, April 19, 2023 4:29 PM To: City Clerk < ityCle r k @ bbfl. us> Subject, Advisory Bolard Appolintinent application Today's date04/19/2023, Name Alexandria I_ rests Phiolne number 561-704-1718 Address 578 SW 25th Ave Boyntoln, Beach Florida 33435 United States Email aW9889 uain(iSICL) Tio Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter'? Do you reside within the Boynilton Beach Ye, s city limits? Do you own/manage ail business within City No limiits? Are you currently serving on a City No board? Haveyou served on a No City board in the paist7 i If.1yes", which, b0ard(s), and whein? 1776 IN ffl�� if "yes", when and where? Advisory Board Cornrnunity Redeveloprrient Agency Advisory Board If appointed by the City Commiis'sion to serve as Board Chair Yes or Vice Chair are you willing to serve! in this capaicity? Personal I am a resident of Boynton Beach arid currently live in, Chapel Hilli. I am very interested in getting Qualifications involved in the city, l am extremely professional, passionate about this city and would love to be involved with this committee because 11 am fascinated by how it has changed over, the years. l ani, born and raised in Boynton Beach and probably will never leave this gorgeous area except for vacation. I also volunteer with the George Snow Scholarship Fund in Boca Raton in my spare time to review college applicants for scholarships, Il am always looking to give back to my cominnunity and think my knowledge of the area and being a young person, in business will make me an, asset to this board. Feel free to attach upload' an LiqpL.JLLogTi L2 d�,)h�)?.fi�c-id=3c7cc3,6,4c5260846e3d6cclb82c8302Wit; qforr,ribuilder,com extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herelln, are true and accurate, I understand that, if appointed, any false staternents r -nay be cause for removal from a board. The message has been sent from 75-301,2,29-2018 (United States) at 2023-04,1915:29:03 on Safari 14,0 Entry ID3 Referrer Form Heist h psj L-� -1 L�r—t42�sp i�,!_CLIAAqy—sojY--bo—ard _qj!InL,wLLrif2u 1777 Alexandria M. Lopresto Cell phone: 561-704-1718 578 SW 25'�'Ave Boynton Beach, FL 33435 AML -2 2UN !3AII(Q),Q —W t D Education Florida International University, Miami, F1 Bachelor of Science in Hospitality M,anagertient, Minor inGlobial C"onmtini cati oils Graduated May 2013 GPA� 3.0 Work Exoerience Azurity Pharmaceuticals (Pre'viously-Arbor Pharn'raccuticals)- South 11orida March 2021) -Present Hospital Sales Repares enlativc • Sales and Marketing for five brandcd pharmaccutical products, (Giliadel, 'Trip(odur, Nyinalize, Firvanq, l`]cqsuvy) • Call points include Neurosurgeons, Neuro -oncologists, Hospitals, R U, OR, Pediatric F-ndocrinologists, Nursing Staff, f1hannacy Buyersand Clinical Nurse Educators. • Fostered relationships and perfurmed 111 -Services with Pharmacy Buyers, Neuro -K.' I U Nursing staff', Operating RoStaff a om Stand odier call points within (lie hospital s),Meni. • Leveraged relationships wi Ih key physicians and phartnacy personnel to get product, reviewed b�y P&TConimittee so that it call he added io the fficifity formulary list. • Tenriiory- South Florida- Ew Coast Vero Beach to the Keys and West Coast fi-on't Bradenton soulli to Naples I Fired at the beginuing of, the COV[D- 19 Pandemic navigated virtual selling envirolinlent utiliziiig NIS Teanis, Outlook and (wer the plione conversations to generale and exceed sales goals. • Institutions I %,ork ch)sely vvith- Boca Regional, Delray Medical Center, JFK Medical Center, Sarasota Meirwrial, Giulf C'oast Medical Center, Cape Coral, St. Mary's, Broward General, Memorial Regional—Tackson J-leahh ;way stenn, University of'Miami Neuroscience Institute, Grew total territory allnual sales 15rc)m $1 .5 million in March 2020 to over $5,8 millioll prusent 2022. President's Oub 2020- Winner ranked 21"1 fil the nation President's C'ircle of Excellence 22021- Winner ranked I "°' in the nation Arbor StarAward 2020 Top 'Friptodur Sales A ward 2020 & 2021 fflo'�Delivery Sciences- West Pahn Beach, t'lorida March 2019- March 2022O Ten-itory Manager • Sales and Marketing for two branded pharmacculicall products (Belbuca & Symproic) • Ca 11 points in Pain Managenient, Internal Medicine and Neurology. • Created strong reationships with Pain imanagernell Practices in illy territory to grow the baseline ofBelbuca fifins. 4P FIducated lillysicialis and stal"fon clinical benefits ol,' bloth Nanded products as well as assisted with managed care pull through and, prior authorizations. • My first full quarter with BDSl 14 2 2019) 1 exceeded voh.ime fol-TRx in, any previous quarter in the Itistory of the lerhtory. • Managed a territory wilb the geography of Boca Raton to Vero Beach, 1778 Pernix 'rherapeutics —West I'ahn Beach, F lorida Ociober 2014. -February 2019 Phartitaccutical S,pecialty Sales Representative • Sales and Marketing of four Branded PhannaceUtical Drugs (Zohydro F'R, Silenor, "Freximet, lc hedez1a) to Physicians in, tile following specially fields: Internal Medicine, Psychiatry, Primary ("are & Neurologists, • Analyzed call and sales, reports to establish morc of and effective strategy • Persuasive conimunication and interpersonal skills, adept with developing strong and successful relationships'with clients • Able to communicate sciernific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • I leld as l0-+- call per day schedule with pharmacy visits • Fxceeded quarterly sales goals air(] demonstrated product growth widrin my terriiory • Four quarters, in as row exceeded goal of I OW,() to plan on all three products • Since joining Pernix have Ireld 30"' in the company or better on national sales rankings based off as sales force of2()O reps • FN" 20117- Ranked Q2 out 78 reps, in the company FY 2016- Ranked 06 out ol'34 reps in the company FY 2015- Rariked 0-29 out 200 reps in the coinpany C orlsistently grew sales through acccaunt management for four products in the speciahics of Internal Medicine, Pain Management, Primary ('are & Neurology, • Managed as lcn,ilory 1'rom North Fort Lauderdale to "I"itusville, F loricla. • Nicniber ofthe Pernix Advisory COUITCH, a board coarprised cif 12 employees selected 1wy the CFO [c) represent dift'ererit areas ol'the company at quarterly meetings. Pronova 'orporation Bro\vard & Pahn Beach County, Florida July 201 y-Ocu) tier 2014 Manag'er. Sales and N4arkefing offour Branded Phannaceutical Drugs (Ilemax, Obtrex, (..)btrex DYIA, Digex NF) to Physicians in the l'ollowing Specialty fields! OB/GYN, I-lenIatology/Oncology, (Jastroenrcrology & Nephrology Almlyzed call and sales reports to establisb MOTV CfliCielll and efl&five strategy Persuasive conri,nunicafion and interpersonal skills, adept with developing stroilg and smccessful relationships %vith clients Able to comatturicate scietliffic dala clearly and concisely to all audiences, including MAs, 11LU-SeS, nurse practitionerx and physicians FY 2013 -Ranked 02 out of'25 Reps in the c�,mmpany FY 2014 -Ranked #2 out of'25 Reps in the company Held a 10', call per day schedule with pliarmacy visits Exceeded quanerly and yearly sales goalsand denionstraled product growth wilhin my terntory grew sales in four Products in the specialties oT(I')B/GYN, FlematologyX)ncology, ("jasiroenterology, and Nephrology Held and mainwined the second largest territory within Pronova t...'orporalilon Community Se,rvice & L,ars idershjp Roles Pr eOdenl Delray Beach'Youth Council, 2006-20108 ,aoccer Btah'llyl Captait), Boca Raton Top Soccer Association, 2006- Present Teain Captain, Atlantic ("ollim tinnily I'ligh School "lomen's Goll"Temn, 2004-2008 1779 Stanzione. Tammy . ...... From: City Clerk Sent, W I ednesday, February 01, 2023 12:12 PM, To: De Jesurs, Maylee, Stanzione, Tarnmy Subject: FVV': Advisory Board Appointment application Attachments: Noelle.docx From. nmcir)tyre82 <noT°eply@123fornibluider,COfTl> Sent: Wednesday, February 1, 2023 11:15 AM To: City Clerk <CityClerk@bbfI,us> Subject: Advisory Board Appointment application Today's date 02/01/2023 Name, Noelle McIntyre Phone number 561-703-3759 Address 910 SW 27th Avenue Boynton Beach Florida 33435 United States Email, !I RIc Yr�u y Current occupation or, if retired, prior Self Employed occupation Education Some college Are you a registered Yes voter? Do you reside within the Boyntoin Beach Yes city limits? Do you own/manage a bulsiness, within CityNo Urnits? If "'yes"', name of business: Are you cu!rrently serving on a City No boaird? Have youser ved on a ,City board in the No past? If "Yes", which board(s) and wheni? I 1780 1781 Have you ever been No wiff"U "I I if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board if aippointed by t�he City Commission to serve as Board Chair Y or Vice Chair are you willing to serve in this capacity? Personal, see attachment Qualifications Professional Memberships Feel free to attach/upload an h t tpsA, _5259a1152 form,12 3formbuilder,coML 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 reniioval from a board, The message has been, sent from 73,57,19.1.90 (United States,) at 2023-02-011,114:42 on Chrome 109.0 0,0 Entry IID: 587 Referrer: ht p -,/L 'a t -019LI: IUItLRMI nt lication Form HoW L I 1782 1783 AMMAR wo V 1784 1785 From: City Clerk Sent: Monday, April 24, 20,23 -7:44 AM To: Stanzione, Tarnmy Subject: FW Advis,ory Board AppoirmMent application From. hirurzun <noreply@123fora bluider.com> Sent: Saturday, April 22, 2023 3,:58 PM To: City Nark <CityClerk@bbflAJS> Subject: Advisory, Board, Appointment application Today's date 04/22/2023 Name Heather Posta Phone number 561-6,35-0114 Address 2555 SW 14 th Stree Boynton Beach Florida Florida 42 Reserved Email Liirurzun@ Current occupation or,, if Delray Beach Ocean ReSCLJe Lieutenant retired, prior occupation Education Hi school diplorna Are you a registered voteir? Yes Do you reside within the Yes Boynton Beach City 11mits? within City limits? if 11yes", na,mie of business - Are you currently serving on a No City boarid? Haive you serived on a City No board in the paist? IL;��sWclti board(s) and when? Have you ever been convicted No of a crime? if "Yes", when, and where? Advisory Board Community Redevelopment Agency Advisory Board 1786 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 As an Ocean Rescue Lieutenant for City of Delray Beach over the past 28 years, I have had a great deal of experience in representing the Ocean Rescue/ Fire Rescue Division in many different facets. I have received several different proclamations from our cities mayor on behalf of our Lifeguard Competition Tearn, spoken on behalf of several employees receiving their service awards in front of all of our department heads, and presented at several of our local schools for our Ocean Awareness Program. I have participated in ongoing, community Outreach by teaching CPR classes to Our city employees , as well as being the lead instructor of our Junior Lifeguard Prograrn, Professional Memberships I have been a nnernber in good standing of the United States life-saving Association as well as The international Association of firefighters, for the past 28 years. . W i 11 li z-xt�ra 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 reirnoval from a board. The message has, been sent frorn 174,228.1,64,52 (Reserved) at 2023-04-22 '14,,58:16 on lPhone 15.6 Entry M 625 -opplication Form Host: h s: J11- Y-!?,�NL4- U cal -e L 1787 From: lesharOUndtireell <nor y.&Jt22, f o tjr CO , n > �aL)ujlder,, I Sent: Wednesday, March 291, 2023 2:47 PM To: City Clerk <01y Lejj,@—bkj-ft.Lj–s> Subject: Advisory Board Appointment application Today's date 03/29/2023 Name Lesiva Rouncitree phone number Address 805 N.E 2nd Ct, Boynton Beach FL 334,35 Netherlands Email m,�T-t Current occupation or, if retired, prior occupation Education Master Degree Are you a registered Yes voter? Do, you reside within the Boynton Beach, City yes limits? Do you own/manage a business within City limits? if "yes", name of buisines,s- LCAE AR nterprises Are you currently serving Yes on a, City board? Have you served on a Yes City board in the past? i If "yes", which boair�dl(s) Parks and Recreation and when? Education Advisory CornmUnity Relations Library Advisory Have you ever been N10 convicted of a crime. If "yes", when and where? Advisory Board please select... If appointed by the City Commission, to serve as Yes Board Chair or Vice Chair I 1788 are, you willing to serve in this capacity? Personal Qualifications Professional Mie�mb�erships Feel free to attach/uPloadi an extra sheet or resume. Certification 1, the aipplicant, hereby certify that the statements and, answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cause for removal frorn aboard. The message has been senit frot'n 127.0,01 (Netherlands) at 2023-03-291 BA7:29 on Chrorne 110.0, .0 Entry IID612 Referrer: h ' ti ' IITI I Form HosV h t i� ff A iio( p2din e t" L�L)!Lcatjon 1789 Stanizione, Tamp] Y Fronn: Lesha ROUncitree <esliarouridt�i,e,ell@gTnaill.coi-n> Sent- I"u,esday, April 04, 2023 11: O AM To: Stanz�ione, Tammy Subject: Re: FVV: Advisory Board Appointment appfication Hello - I apWWd Rw two boardL I air very interested in the CRA Advisory Board. On Tue, Apr 4, 2023 at 8.21 AM Stanzione, Tarniny <StanziorIeIR[LbfUs> wrote: Thank YOU, M have reodved your AdviWory Board Appohm,nent alipfication. Y'OLU appIkation mill Cre subalned to tk CRy CornmKon for consideratIon of appointment at the April :18, 2023 Cornrnission iirieeitng, e� 7 '[a'urmry Sr'anzror�e' Cr"'IC Deputy Cly CO'k, CRY Uerk's' Olk("' hAaHing Address: HI Box 310 � B,,.ov,nton BeaO,, Fk'-aida 33425 P[rvskal Address; 100 E. Ocean Ave. I Boynton Reach Fladda 33435 k. SE',0742 6062 fia StanQneT(qi,Db[iR us I PInse be advNed tho HOW has as bmad puNic recork, R,,i,�vvcmd all wqxWexe to rrr(-Ai aenrfll rnay he SUbjr,,,,(I U), Nor% records law, emaH addresws me puWk awords. Thoekm, your e maH corrununkWon and your einaH addrox may be suboct to pubUc dhNsum, From- City, Clerk <gity�g1kL@ bbtl, up Sent: Wednesday, March 2% 2123 392 PM To: Stan zione, Tarnmy De Jesus, Mayl:ee <Debf I-Le-sL)L ..-I. —us > Subject: FW: Ad,visolry Board Appointment application 1790 From: City Clerk Sent: Wednesday, March 08, 2023 3:41 PM To: Stanzione, Tarnmy Subject: FW': Advisory Board Appointment application From: calixtefranoels e <noreply@123fo�,tnbLilder.comi> Sent: Wednesday, March 08, 20239:15 AM To: City Clerk <CityC1erk@bbfl.us> Subject: Advisory Board Apip ontinent application Today's date 031/08/2023 Name Fraincoise Calixte-Dieuvfl Phone number Address Email calixtefraincoisecwznlLgil�Com Current occupation or, if Esol Coordinator retired, prior oiccuipation Education Ks Are you a registered voter? Yes Doi you reside within the Yes Boynton Beach City li�mit�s? Do you own/manaige a, businesis NO within City limits? if ""yes", name of business: Are you cu rre ntly seirvi nig on a Y'eis City board? Have you served on a City yes board in the piast? If "yes", which board(s) and when? Education & YouA th dvisory Board for the past four-plus years, Have you ever been convicted No of a crime? If "yes", when and where". Advisory Board Education and Youth Advs,ory Bio and 1791 If appointed by the City Personal Qualifications Palmer Beach Atiandc 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 PaIrn Beach Maritirne Academy Secondary sol 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 poisitive ei'Tipioyee relations and employee morale daiily. South County Drug Abuse Foundation Inc. 20,16- 2019 Health Behavior Educator/Counseling/HN advocate Keep appointment calendars, and schedule Professional Memberships F&R Immigration and Notary services 2007-2016 Provide administrative and StaffAssistant to the whole staff. Help with translation File paperwork Monitor daily Payroll sheet Church volunteer 2005 -Present Counsel and coach people with different needs Teach Sunday schoo I for all age g,ro u ps Assist with planning youth activities A971TOM. I extra sheet or resumei. 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 rernoval frorni a board. The niessage has been sent frorn, 5x0.23 a'.1 8.186 (United! States) at 2023,03-018 09.14161 ()nj ClIq'rorne 110,0,0,0 Entry 110; 61015 Referrer11tps JjWww,boynton-beach.p�rgj Form Host; h tforn 1,123fornibuilde co Lg, as EY:k�EA-4PPR LU t, ffigIll- j1p 1792 Stainizionle, Tammy From: it Clerk Sent: 'Tuesday, February 21, 2023 8:23 AM To: Stanzione, I'arnmy; Die Jesus, Maylee Subject: FW: Advisory Board Appointment applliicaition Attachments: Nkola s.-Giacalone-LoR.picif From: nicolasgiacaloo e <noreplly@123fori,nbuilldet,com> Sent: Saturday, February 18, 2023 1:28 PM To: City Clerk <CityCierk@bbfLUl5> Subject: Advisory Board Appointment appfication Today's date 02/18/2023 �Namie Nicoiias Giacalone Phone number 561-699-3466i Address 4170 Key Unie Blvd Boynton Beach FL 33436 United States Email mica las. giacalon Current occupation or, if retired, Iprior Marco, Rubio for Senate occuption Education College Student Are you a regi�stered voter? Yes Do you resiIUII de within the Boynton Beach Yes city, limits? Do you oiwni/manaige if "yes", name of business. Are you currently cerving on ai City No board? naive you servied on a City board in the No past? If "yes", which board(s) and when? 1793 If "yes", when and where? Advisory Board Education and youth Advisory Board If appointed by the City Cornmission 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 Acaderny in Qualifications Boynton Beach, Florida, I served as a student council representative and won mern ber of the year, II went on to serve as President of the Jr. Class of 2022 and Chairman of FUndraising for the Student Government Association at Sornerset Academy Canyons High School in Boynton Beach, Florida, In 12th gracile, l was, elected to served as the President of Student Gov erni"nent Association, ^which I governed the middle -high school, II now am attending Lynn University, 11 know, the education system well, as I hived 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 IPalrn Beach County Administrative Liaison for Marco Rubio's 2022Re-election Carnpaign, Feel free to attach/upload an d=29�6�lcad 6�8c6bb,Olt��J.0134f7'7085e736352 extra sheet or resume. Certification 1, the applicant, hereby certify that the stat ernents and answers provided herein are true and accurate,. I understand that, if appointed, any false staternents may be cause for removal froiru a, board, The nnessape has been sent from 9,9,210,19:8,,214 (Ur'Oted States), at 20,23- 18 13 27A2 on Whone 16,2 Entry 11D: 592' Refenvrhnl;!iILWvvA,,LcMEitgn,-beacL]..o_rgZ Form Host: h tL 5 14 ad jg:L�zLrL@p ohlLaltal- _g )Ljfirgtjj[on _p_ _ _ 1794 December V, 2022 I am pleased to have the opportunity to write a letter of recommendation on behalf of Wicol;;w Nicolas' declicvtion to kis acadernics and leaders'tivil will make him an M=jjjjMMMjjj= 11 E Nicolas has been alct�ively engaged in piolitics, interning with, my South Florida campaign tea As a Campaign Intern, Nicolas, hais taiken an act�ive role in engaging with Florida voters, whiile di�scus,sing issues that matter most to them. Nicolas has also demonstrated his commitment to his coimmuniity by having completed oiver 4,00 hopast four years. I I am proud that Nicolas' experience working with my campaign has inspiired him to further his leadership, and I have no doubt he will thrive alt his next opportunity, Nicolas' passion for academics, as well as his understanding of politics, ensures he will be a great aisset to you. Thank you for your th-ne ainid consideration in this matter. To discuss Nicolas' recommendation further please contact my Political Director, Matt Grucla, ait 305-613-6651. MOM Marco, Rubio United States Senator 1795 Stanzione, Tammy I from: City Clerk Sent: Monday, March 20, 2023 2:07 P,M To: Stanzione, Tammy; De Jesus, Ma lee Subject: FW Advisory Board Appointment application Attachiments: Resume Te�resa M-3-23,clocx From: Damcclendon, <i,io�repill y@1foi,milbit,iilder.coni> Sent- Monday, March 201, 20,23 12J3 PM To: City perk <GtyCler k@bbfl.us> Subject: Advisory Board Appointment application Today's date 08/16/1963 Name Dr Teresa Kase y -Mc Clend oin Phone number 561-577-9272 Address 7228 Chesapeake Circie Boynton Beach Florida 33436 United States Emaill DrtmiccliendoLift, fl.corn Current occupation or, if'Executive Director Early Childhood Education reti�red�, pricer occupation Doctrine of Divinity yes Do you reside within the Boynton Beach City Yes limits? -mo you own/manage a 'i�uslness within City Y" ]limits?, If "yes", name of Little Cubz Learning enter buisiness� 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? 1796 If "Yes", when; and where? Advisory oard Education and Youth Advisory Board If appointed by the City Commission to serve as Bioa rd Cha I r or Vice No Personal Qualifications Asa Pastor and cornmUnity leader Ministering to, low-incorne fat'nilies On a consistent bas'i's. As an Experienced Childcare Provider Serving area farnihes 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 StrongMinds Prevention Central of South Florida American Heeart Association National Chaplain Association Florida Association of Childcare Management NAACP �Feel free to attach/upload an, extra htjpsj f�oral-n.123forriiibLi�dc%rcos' )IL!lp (Ldid i Li-Mleid=58bl,findW.396f5ff7afe8c6da, cfed78 sheet or resume. Ce�irtification 1, the applicant, hereby certify that the statements andl answers provided herein pare true and accurate. I understaind that, if appointed,, any false statements may be cause for removal from a board. The niessage has been sent fron,,j 166,2'05.159.62 (United States), at 20,23 03-20 11:12:51 on Whone 163 Entry ID,. 609 Referrer LittpZtwbqy oq,,jlg_a� Lk&g ,ILL g/ Forni Host; tit orrn.123formbudder.,con jajZ141 Jj �E )i),E I -a r t .9 n rnc� t 1797 OMM11wrom 1079MVIONSTMEIZOI 7228 Chesapeake Circle - Boynton Beach, FL 33436 Cell (561) 577-9272 Email - Liv2livagin@Paola ,com Patrick, Henry High - Ranoke, VA 06/1981 National Bus. College Salem, VA 10/ 1983 Fashion Merchandizing Palm beach State College Lake Worth,, FI -8/2015 Director; Degree Faith Christian University School 5/20109 Doctorate Leadership Tabernacle Bible College & Sieminary Doctorate Divinity *Work Experience: Way of Life Ministry B I 'oynton Beach, Fl. 2020 Executive Administratoir/Pas�tor Instructor - Mentor: Manage Administrative Sitaff, Correspondence, Typing, Dat E�ntry, Reicorld- keeping, Filing, Meeting Scheduling. Mana- &Train Volunteers Alternative Unlimited Plantation, FI 01/210iO6-05/2008 1798 Administrative Assistant Office, Administration, Registration, Data Entry, Scheduling, Appointment Setting, Filing, Reporting, Teacher Assistant Manage & Train New Hires Portsmouth Redevelopment & Housing Authority - Administrative Assistant: Chesapleiake, VA - 07/1999- Oil/2OiO2. Typing, Filing, Meeting Scheduling, Office Management, Data Ent�ry, Report Updates & Filing, Electronic Billing, Customer Service, Traffic Calls, Accounts Payable, Sort &, Distribute Mail, Accounts Payable & Receivable. R & R Transportation,, Inc. Oi2/2000 - 01.5/2001, Suff6lk, VA Marketing/Advertisileiment & Custom,er Service Marketing & Advertisement, Transporter, Appointment Setting�, Quote Preparation, Data Entry, Customer Service, Data E�ntry, Matrix Updating, Manage & e-ui [Harrison Museum of African. Culture 0 Itirector Assistant American 08/1.997'- 01/2000 Roanoke) Vj-X,. #ffice Management, Payroll, Accounts P�ayabile & Receivable, lWata Entry, Manage &Train Volunteers Trigon BC/BS - 11/1.987'-07/1997 Roanoke, VA Customer Service Claims S�plecialist/Prolvider Service, Retention, Benefits Analysis,, 1799 Claims Entry & Processor, Coding, Billing, Medical Claims Assistant , Roanoke Virginia 05/1983 - Assistant Dietary Director /Dining Rooim Assistant Assistant to Dietar , y Director, Manage Administrative Staff, Correispiondencei, Typing Record -keeping, Filing, Meeting, Scheduling, Data Entry, Menu Preparation, Manage Evenin I` Staff Waitress, Assist Coiolks Skills: Administration Operator/Reco ptio�nis�t Office Management Dis�patch, Data Entry Volunteer Coordinator Mentoiring, /Business Machines Certified Effective Supervision Licensed Parenting Instructor Licensed Minister/ Noutic Counseling Medical Billing/'Claims Filing Insurance Benefits/P,r,ovider & Broker Service Nursing Home Dietary Food Preparation/ Training Medical Term inoloigy Microfilm & Microfiche "Tele mrktin ,Fundra i sing 1800 Pam Canon -Lead Secretary Portsmouth Redevelopment & Housing Authority 80�O High Street Poirtsimouth, VA 237015 (757) 39i9-5261 Felicia Walker Regional Director 28001 Oakland Blvd Fo�rt Lauderdale 33311,4 (1754) 32:1-7050 Tierra Kasey - CEO Prevention Central Fort Lauderdale, Fl 33336 (954) 599-2267 94EM., I=MNwM Michael J.r. McClendon - Pas�tor Ramsey Coins�ultant�s A1TV.7T Gwixtwticatiovs V17 0 W, WI M To, 105 = Tammy Autrey Marriott Richmond, V 5611225-3527 1 1801 Stanzione, TaIMIMIX . . . ............ From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM To: Stanzione, Tammy,- De Jesus, Mayllee Subject: FW: Advisory Board Appointment application Sent: Wednesday, March 1, 2023 12.018 PM To: City Clerk <CityClerk@bbfl.us> Subject- Advisory Board Appointment application Today's date 03/01/2023 Name Vall,erie Valcourt Phone nuim,ber 561-293-6591 Address 410 IN W 16th Ave Boynton Beach Florida 33435 Netherlands Fm iaill vafeerie.vall qjLiL bjLdlLi2!,±),ach.$)n!j2qLAcam, Current occupation or, Jif retired, prior occupation Educator Education Doctorate in Educational Leadership Are you a registered voter? Yes Do you reside within I i the Yes Boynton Beach City limits? Do you own/manage a business iW ,within City limits? if ""yes"', name of business: Areyou currently serving on a: Yes, City board? Have you served on a City Yes board in the past? If "yes", which boiard(s) and I am currently the chairperson for the Education & Youth Advisory Boar* when? Have you ever been convicted No of a, crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board r. 1802 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 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' cho l District of Palm Beach County. I 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 127.01.01.1 (Netherlands) at 20,23-03-01 12:08J6 on Chromie 108.0.0.0 Entry ID: 5,98, Referrer: !"i t qg�jj'VLWfflW�tg) MLQn .LN'Ai-11, Lai Form Host', ht s,,) j.Lq!n_ I�Jf2Lr -12__ _ru 1803 From: City Clerk SentFriday, March 31, 2023 428 PM 'To: Stanzione, Tarnrny; De JeSILIS, Ma to Subject: W Advisory Board Appointi[nent application Attachments, Brad -Jackson -12022 'Resiuime,docx From: bjackson <�nioreply@,1,23fortnbluildeir.co�"n> Sunt® Friday, March 31, 2023 3:30 PM To. pity Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointrrient application Today's date 03/3,1/2023 Name Bradley Jackson, Phone number 561-2' -5791 Address 815 W. Boynton Beach, Blvd., Apt 15-103 Boynton, Beach FL 33426, United States Emaill bac kson Ccqer Current occupation or, if retired, prior Marketing Director for Engineering & SUrveying Firrn occupation Education Bachelors Degree froini FSU in Business/Hospitafity Management Aire you a registered Yes voter? Do you resiide withiin the Boynton Beach Y'e s City limits? Do you oiwn/manailge If "yes", name of business: Are you currently serving on, a City No board''17 Have youi served on a No City, board in the past? If "Yes", which board(s) and when? 1804 Have you ever been Yes convictO of a, cri-tte? If "'Yes", when and 2014, Driving Under Influence where? If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you wi Ming to serve in this capacity? Personal I work in the,, architeCtUre, engineering, and construction industry and hawse knowledge and Qualifications appreciation for our historic buildings and resources in the City and the important of preserving there from being erased through overdevelopiment or redevelopment. I have previous, experience volunteering at the South Florida Fair in their yesteryear village (YYV) park to help spread information and awareness about the historic structures being preserved there so that people of all ages can learn, about history in Palm Beach County, I serve on the Young Professionals, SponsorsWp, and Hospitality Committees at the Fair which help prornote YYV throughout the Community, Professional Society of Marketing Professional Services, (SNIPS) South Florida Chapter Memberships AEC Trendsetter's of: Florida Leadership Painij Beach County Rusty Gordon LQ+ Democratic Caucus, Urban Land Institute (MLI) Southeast Florida Chapter Florida Engineering Society American Society of Civil Engineers Feel free to attach/uploa,di an c1a6eb7aedb9527bcO17f2f extra sheet or Mutt ms: forrru.;�forrmmi�au�IMpr comm fug load did, Ir resurne,, Certification, 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any, false state me rits may be cause for removal from a board. The niessage has bleen sent from, 501.244.140,133 (United States) at 2023-01,31, 1.4:30:20 on Chrome 111,0,0,0 Entry ID,., 614 Referrec htfjps w%Lw boyn Form Host-, u or sJL httjj m.123forrnLi r.&Loj-DJj�. �UAL�Ld oi�oty-bg�a rd -a ppoi Lit m eqjjjj?2icat"qn, _ _ _jdc 1_ _ 1805 Bradley Jackson # I-5 W- [,o--y-n-t"o—riA-pil. 151()3, Boyraon 13eadl, FL 33426 1 (561) 252-579 1 1 To be considered for a seat on the Boynton Beach Historic Resources Preservation oar to serve the residents as, a member of the coninnunity committed to preserving the rich history of the buildings and architecture in the City. Skills Excellent Communicator and Coordinator • Highly adept at marketing research and organization of company functions • Convey leadership qualities in managing organizations and business responsibilities • Pai-ticipating in community activism and engagirigi with local leader's to, enhance the environt-neat and well- being for our neighbors Edu atron BS Business/Hospitality Managerrient � May 2013 � Florida Mate University (Leadership Boot Carnp, College of Business � October- 201,81 Florida AtIa ntic University 4W Current.job E2=6enice Dir. of Marketfi,ig & Business Development I Engenuity GWUP, lnc, I March 2oi.3- Present 0 Manage and at times pregame all RFQJRFP responses, for public sector, work * Manage, prepare, and post content for company website,social rnedia 0 Manage and prepare conterit for company newsletter through Coristant Contacts 0 Prepaire and review reSUmes and project experience cut sheets for marketing 0 Coordiriate and manage teaming opportunities for private and Public sector, projects 0 Attend networking events to socialize wei various groups of people to learn and develop new business connections for the company 0 Research and develop ri-iiarketing, strategies, firma -wide 0 Manage admilinistrative staff to ensure quality control of day to day tasks VOIL nteg u-!qj i e in ic, e, 0 Society of Marketing Professional Services (SMPS) South Floriida Chapter: Past President 2020-2,022, President 2019-2020, President Elect 2018-20ag, Programs ilair 2017-2018 0 AEC T"rrendsetter's of Florida� Viice President 2020-2022, Board Mernber 2017-2020 0 Leadership Palm Beach County Class of 20: 2,2. Current Alurnini serviing on HohdayBe.akfast, Focus, & Forward Committees 0 Rusty Gordon L.GBT0+ Democratic Caucus: Secretary & Endorsements Chair 2021,. -Current: # South Florida Fair & Exposiitions- 'Beyond the Falr'Young Professionals Class Of 20'21, Serving on Sponsorships, Youngi Leaders, & Hospitality CommitteeS, 2023- Current 0 Compass: Stonewall Ball Host Cornmittee Menibel" 2022- Current 0 Sunfest. dates Comirnittee Member 2022 -Current Urban, Land Institute (UU) Southeast Florida Chapter_ Palm Beach County Young Le�aders Steering Comr-nittee Member' 2018 -Current Florida Engineering Sobiety:"volunteer yearly for MATHCOUNTS & Engineer It! COMpetitionswhich, engage elementary & mididdile schroolers with rriath and science American Society of Civil Engineers: VOilUnteer yearly for Bowl -a - Thor) Scholarship event Volunteered on i different local Ipoliitical carripaiigns 1806 1807 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1808 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What 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. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1809 Starizione, Tammy Fromi- City Clerk Sent- Thursday, March 02', 2023 218 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From, lindsaykarten <iioreply@123fortn,builder.coni> Sent: Thursday, March 2, 2023 8:41 AM To. City Clerk <0tyClerk@bbf1,us> Subject., Advisory Board Appointment appfication Address 3386 CHURCHILL DR BOYNTON BEACH FL 33435 United States Email l"ndsavkarterii(o')Rniaill.corTi Z Do you reside within the Yes Boynton Beach City limits? Do you own/manaige a business No within City 11imits? Are, you currently serving on a No City board? Have you served on a City No board, In the past? 14 bis-o2rd( Have you ever been convicted No of a crimO, If "Yes"', when and where? ,Advisory Board Library Boa:rd If appointed by the City Yes Commission to serve as Board .1 1810 Chair or Vice Chair are you willling 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 proided herein are true and accurate. I understand that, if apointed, any failse statements may be cause for rernoval frorn a board. 'Th:e rnes5age has been sem from 1.7 .55,112,230 (United States) at 20123-013 02 08AOA7 ori Chrome 11 .0.01.0 Eritry ID: GOI Referre,rht�pi,-11w.ter w )yjL tgq-bg Li4,CTd Form Flost: ht( s,/ forrii.12�3foriiiibuiilclt,,rcoinLM3�q4lild i boardcrpp i �a I i 0 r, 1811 '3 Stanzione, Tammy From: Clity Clerk Sent: Wednesday, (March 08, 2023 7:43 AM To: Stanizione, Tarnrny; De JeSUS, Maylee Subjt: FW: Advisory Board Appointment application Attachments: Marcia Levine RestA,nii(�iiciit-ch-23,doc From: marcialorHevine <noreply@123forrnbuilder.corn> Sent: Tuesday, March 7, 20,23 7:40 PM To: City Clerk <CityCierk@ bbf L LIS> Suibject: Adviisory Board App6ntrnent application Today's date /07/2023 Name niarcia IeOne A 0 a * A It 14 4 Address, 6,25 casa Lorria blvd' apt 8018, Boynton Beach FL 33435 United States Email Current occupation or, if retired, prior DJ occupation Education College Graduate Are you a registered Yes voter? Do you reside within ts? Do you own/manage a business within City No 111fits? Are you currently Yes serving on a City board? H�ave you served on a Y'es City board in the piaslt? if" ns", winich board(s) I arn currently: and when Library Board Mernber terrTi expires 3/31/23 This is a request for renewall of that position Senjor Advisory Board Mernber (start Data; 2022), 1812 If"yes", when and where,? Advisory Boiard Library Board If apt by the City Commission to serve as Board Chair or Vice Yes Thank you for asking me to renew my application/Library Advisory Board Member, I WOUld be honored to be able to continue for another terni. It's difficult for rne to express my positive qualifies as I like to practice hUrnility in all aspects of rny life, but I ani, a service oriented, cornirnunity minded and involved resident of The City of Boynton each. My whole fan'-dly loves libraries and the majority, of rny farrifly mernbers, are avid reaiders , I not only love to read, but I llolve the concept of the library as an important fabric and glue of the cornmunity, I love the work that Mr. Craig Clark and the tearn are doing and 11 want to he able to help,with the endeavors going forward. Professional Wornen For Excellience Worrier's Leadership Group Memberships Wornen in Developimenit-Wornen who are the fundraising area DL Franchise Record Pool-Dj Networking G rrO U P Feel free to attach,/u!pload an extra Littps 23foi"r'vi�buildeL.C(—)ry-)AIPLO—ad-110stip?fileLct=t7da(i6cdfl3f3l)lf29,33523f43bfd334 sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. I understand that, if appointed, any fallse statements may be cause for, removal froni a board, The niessage Ihas been sera frorn 206.214,134.18 (United States) at 20123-03,017 1939:50 On: Chroflle JJ01010.0 Entry IM 604 Referrer: I, L L) qy i kq!h L - gfj RUP L be _ _4Z Forrn Host:de .11 ... Ni -1.1—L 1813 Boynton Beach, Florida (917) 693-4729 marcialorilevine@gmiaip.com SUMMARY I am a tl'IOUght-foul, and creaitive business professional, with a successful career prin'larily within the media/ marketing and sales arena. II have an established track record of cultivating strong internal/externaI partnerships. II am adept marketer and facilitator. I believe my experiences will allow rile the opportunity to, join, a tearn, and to not only personally flourish, taunt also to help Iflake a difference on the team (s) I join VIDEO CONFERENCE PRODUCER, Virtual, 2019-Presenl Set -Up and Adrn inister/Faciltate Techni,cal Support for Virtual SeIrinars/Trainings, Recovery Workshops and Professional Conferences, Manage all in rneefing operations, including instructions on how to participate via computer or pahone-in options, muting/un -I'll LJ ting features, polling, breakout roorns, screen sl")aring, and whiteboard/ with attendee participation. P,rovi:lde help with, set -Up Of Ineeting (s), registration with correct in- meeling controls/ functions, to Insure, smooth, orderly and successful conference/workshops for stake -holders,... OLD SCHOOL SQUAREICORNELL ART MUSEUM:, Delray Beac1i, Fl. 2018-20,20 Assistant Museum Operations Director Assist �irector of OperationS/CLffator' Duties include: opening and closing rnuseUrn, Wrating, operating and irraintaining Museurn Stoire, placing media buys for Art Shows at OSS/driving revenue to Old School Square. Manage, reception desk adn'0ssions/donations through Square Register operating system, Greet guests With working kirlowledge, of Old Scl,ioot Square and Cornell Art Miiuse u m_W rite all press releases. Engage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PBS, Miami -Da de- Pali n Beach Counfy 2017-20,18 Account Execlutive (one year contract) Relocated to Florida to join team to develop/taunch The Health Channel properties, and ,Nww,allhe4fly Jv websile, Responsibilities includeDevelopment of all marketing materials, generating leads, daily prospecting and lead generation, outreach into local cornimunity to create partner relationships, presentations virtually and in-person. Successfully worked togettier with Baptist/ Bethesda Soufll Ploidda's marketing group and with aFP S creative, marketing and ad sales divisions. VIVENTIUM SOFTWARE, New York, N.Y. 2o 1 6_201 7 Nationall Sales Account Executive (Outside and Inside Sales) N I was recruited to develop NYC territory and assist the (launch, of Viventiurn Software, Responsibillties Include: Developmerit of leacls, daily prospecting, virtual arid in person selling/closing, cold call arid lead generation for all HCM (Hurnari Capital Management /Payroll, Onboarding, HR,) products, Led the launcl'itearr in new bUSIness !sales, meeting and exceeding rnonthly arid yearly goals, $250,000 Gross Revenue A+E TELEVISION NETWORKS, New York, N. Y. 19,99 -20,15 Account Executive, New Business Developrnent Specialist, A&E, Biography, History Channel 01 Researched/venerated new bUSlness opportunifies;, prospected on a daily baisis. Identified customer needs, set Up client rneefings/presented to senior level decision makers. Closed high percentage of new lbusiness,; met and exceeded, yearly sales, goals; Grew, sales list revenue frorn $10 million to $100 rnillflon over tine course of 14 years. VOLUNTEER & COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places„ Vice Chair, Boynton each Library Advisoiry Board Member, Boynton Beach Senior. Advisory Board Member, Vice-Char Overeaters Anonymous PaIrn Beach Counity Board of Directors , Reading VOILInteer Mestchester Mordessorl! School & Carlarsle Childcare Development Center; IDeveloped Therapeutic Music Program for Children oil the Autistic Spectrum; EXTRA -CURRICULAR ACTIVITRES Professional DJ for the past 20 years, I go by the mane, "01 Marsh" II have had over 25,01 D,J jobs In various locations. I specialize In varied playlists that satisfy all age ranges. I transitioned to virtual D'ing during COVID, but I arn currently back to live OJing- EDUCATION B.A., Hunter College, New York, N,Y. 1814 1815 From. are <n:oreply@1:123tor,iiibL,Iil,der",com> Sent: TUesday, IMarch 14, 2023 2:47 PM To: City, Gerk Subject: Advismy Board Appointment application Attachments: ATR-resurne-2023,pcif Today's, date 03/14/2023 Name Ace Till!ton Ratcfiff Phone number 561-376-3640 Address 142 SW 13th, Avenue Boynton Beach Fl. 33435, United States Email ace@staVweirdbekindcom Current occupation or,, if retired, prior Self-employed artist, photographer,, and writer occupation Education BA in, political science from UCF Are you a registered voter? Yes, Do you reside within, the Boynton Keach Y'e s City limits? Do olid owin/manage a business withiin, City Yes limits? If Oyes",, name of Harper's Promise, currenfly 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 11 have served on the Art Advisory Board and the Library Board for one tenn each. board(s) and whien7 Have you ever been No convicted of a crime? If "yes"',, when and where? Advisory Board Llbrary Board 1816 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 arn almost a lifelong resident of Boynton Beach. Though I left for a period to live in, California, I Qualifications returned: to my hornetown to buy a house and create a life here. I have served in ryly capacity on the Library Board for one term and I am interested inanother, I! arn am author with rny first book forthcoming from Simon & Schuster. Also II LOVE our library!! Professional City of Boynton Beach Art Advisory Board, Member Membership City, of Boynton Beach Library Advisory Board, Member Feel'l free to attach/upload an ()Lmbui LderLoniZup Ll,.�.p-?f-.'iLc��d=6cldl630le328le7'4(�;2ld5,53a29ee7cc548 extra sheet or resume. Certification 11, the applicant, hereby certify that the statements, and answers provided herein are true and accurate. i understand that, if appointed, any false staten'ients may be cause for removal from, a board, The message has Ihernrr sent frorn185,203,218.28 (United States) at 2023-03-14 13A6�55 on Chrorne 10 9.0.0,0 Entry ID, 607 Referrer: httjL�'w A ,N�qyljjavg. a,Jl, Form HoW htt.j s boa d-appointryie t pj2LLg gr! J,I�UrLq�123fq�'nibuflde,c nj 21 - r ni -a LLqg 1817 Ace possesses a dedicated group of almost 20K amazing Witter followers and makes nearly 2-5, million impressions there on a monthly basis. Ace and their followers focus on connnunity .-care, raising thousands of dollars for places like local, abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. Co -founder, Deathcare Advisor Harper's Promise, LLC I January, 2018 Present Harper"s Promise is an in-horne pet euthanasia, hospice and palliative care practice n ice devoted to helpig families throughout South Florida provide the best possible end of life experience, In 2017, Ace co-founded the practice with their partner, Dr, Derek Calhoun (a veterinarian), after the death of their chilwah ua, 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, cornfort, 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 Operator Parent-Soretisen Mortuary & Crernatoryl January,, 2014 - 1'Y 2015 Wilson & Kratzer Mortuaries I October2012 — January, 2014 Smith & Witter Funerail Home I January, 2012 — August, 2012 Boynton Memorial Chapel I May, 20110 - Augusto 20,10 Ace had direct responsibility for administrative arid organizational management in addition to fast -paced event planning and production with extremely tight deadlines. She has superlative custorner 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. Sheflexibly worked between three office locations in addition to remote, after-hours teleptione work. She provided necessary support to a tightly Icnit 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 dernanding two-year ernbalming apprenticeship. Norninum, Inc. Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end-users - typically systern administrators. She standardized, content across platforms, revised docurnents, and clarified instructions, to make docurnentation 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. Sunfed,, 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 1819 communications released by the company. Ace implemented multiple high-level, marketing -oriented processes and procedures, with a strong focus, on social inedia maintenance across multiple major platforms. ACTWHOES & City ofBoynton Beach Art Advisory Board, Member City of Boynton Reach Library Advisory Board, Member IAAI IPC Meniber EDIU(,,,/k Ir KN American River College, Sacramento, CA .- A.S., Furwral Services 2012 University of Central Florida,, Orlando, FL - BA, POHOW1 SC'ifflte 2010 1820 Stanzionejaimmy Frorn: City Clerk Senit: Monday, January 23, 2023 7121 AM To: Starizione, Tarnmy Subj,ect: FW: Ad� sory Board Appointryient application Attachments, Vaiies,sa-IBeNi,nont-,Resume-copy.pdf From: vanessabelmonte <rioreply@123foriiibLlillder,cort'ii> Sent: Saturday, January 21,, 2023 :22 PM Toy: City clerk <GtyCIerk@bbfl.us> Subject: Advisory, Board App6sitment application Today's date 01/21/2023 Name Vanessa, Belimonte phone number 407-913-9563 Address 100 NE 6th Street Apt 6,017 Boynton Beach Florida 33435 United States Email v,airiessabeir-non,I@L2En2a�il,(�ori� xmmmm�� if retired, prior Marketing ConSWtaflt occuipation Education Bachelors Degree, University of Central Florida 2008 Are you a registered Yes voter? Do you reside within the �Boynton Beach Yes City limits? Do you own/maniaige a business within City No, I i TI -it's? if "yes",, name of business: Are you currently serving on a City No ho, w2 H�ave yoilu served on a No C4 board in the past? i 1821 Have ' you ever been, Yes convicted *,f a c:r' If "yes", when and 2004, misderneanor for possession, of niarijuana at a college party where? Advisory Board Pianning & Developirient Board If appointed by the City Cornimission to .serve as Board Chalr2LMI, Vice Chair are you, willing to serve in this capacity? Personal QualificationsI'mi passionate about the intersection of technology and culture, For the past 1.2 years I've helped cireatives, startLIPS, SM Es & entrepreneurs ideate and execute on their visions & projects through 1"narkefing, communications, events and business operations andl more recently in creative consulting & transformational coaching. I have 5 years of experience with digital transformation, and corrimunity building. My experience both working with small businesses building communities for start1ups makes rile a great candidate, for the Planning & Development Board, I have, innovative approaches yet and grounded in sustainable growth and thriving community, Professional Professional Memberships: Memberships OperiExO Arnbassador Certified OpenExO Trainer, Advisor and Consultant Certified Internship, Mentor with Boston Ext Feel free to attach/upload an ext�raLittps.,LforrTi.123frriibuildgrcorriZ.ypj!2 f Certification, 1, the appficant, 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 removall from a board. The message has been, sent from 206.214.134.162 (United! States) at 2023-01-21 17:2130 on Chronie 107ffO,O Entry M; 584 Form Host; htIpL.11 .123fornibuilder,co nLf)L3�IALa(4,��s ry - 4j2Q2jO1MgnL-1pV I i c .. . .......... —i— _ _g_ _Lqg�2_ & 1822 Broad,based background with over 12 years' hands on experiolce in the areas of digitall rnarketing, brand develollillent, social rnedia, and online development. InsighlifuiJ and result -driven professional with a profound ability to conceptuahze, devellop and CIOCUte markefing ca ill paigns tlamt bURd strong and rner-norabte brands. dnnovative leader with, wide -ranging experience delivering resu Its by creating and linsfigatingsn"ategic and tactical 50iiAiOnS that advances productsawareiless; with a proven track record of work iiigc�'oss-funictdoriallytOeXOCLuto new Projects, direct MLilfi,Site Operations, in')prove, productivity and profitability, and ein1hiance the custoiner's experience, • Community Relations • Strategic Market Planning • Budget Managerneril • Project Managennerit • Event Managerrent 0, Chent Development 0 EXPERIENCE ...... .......... Branding Development Social Media Management Market & Cornipetitor Research • Commuinication &: Storytelling • Creative Team, I eaclership • Customer Engagement Optimization Ch,lef Creative Officer 20,110 .2022. Culture Climax -A Creative Agency Fooncied ("uhure Cliniox to helps smoflbushiosses growthrough branding development andcreative, morAefing, as improved brand awareness and helped cheints connect with potential custorners by developing creative communityoutreach canipaigns and advocated brand on r'nultiple social media c hannels • Cultivated community and connection withsponsored events • Inueased sales and custonwr engagen'ient for 30,-a chents by developing g[ owth strate&s and creating uptirnized social rnedia designs and content • Strean-ilincd all facets of operifloins, of ever)ts, marketing carnpaigns and Launch Of over 50 busiriesses • Ensured the s0'ategic vision of agencies and 40+ clients were in line with the brand development and content creation, indluding graphlic, desrgn, filhning, and photography Community Manager 2019-2020 OpenExO - Global Transformation Ecosystern & Marketplace * Increased efficiency by autornating community oribuarding process, einail marketing and sales fUnnels utiibzing HubSpot * Spearheaded engagernent campaigns, ordine partnerships, vMue generation and growth, strategies to heip build and inianage a 50001 mernbei comnumity * Coordinated ri,per 'sawn and virtual evflits on a weekly and monthly basis for 100+ people * Managed and led Oper'atjoln$ fC ',' live Certification programs, inchi&ig doveiop processes, research and inilAecent tools, strearinfine onboarding, manage logistics, content and CoIllaterall Marketing Director 20,17 - 20,19 ExO Works - Digital Transformation Consultancy, Pioneei,ed the innovation of creative marketing canipaigris, N andkig, and content creation that led to 24% im, rease in sales and boosted revenue generation ■ Oversaw marketing operations and optirnized KPIS for partnerships with Accenture and Hoit Business School Documented and supported outcomes of ExO innovation sprint for Fortune 500 Ccrnpank-,s Contributed to the ExponentiM Tr insforirnitioin book, and launched campaigns and events for hook promotion Oversaw, organiza d arld shaped company image by implementing processes dor corriparly, offerings, press and partnersllips Booking Manager 2015-2017 ExCr Speakers - Speakers Burreau for Digital Transformation, Speakers • Spearheaded con tracts, booking, marketing and traveI for high profile keynote speaker s and ulthors, • Coordinated contracts for 15-1 global speaking engagernents peir inionti"i • Managed client correspondence and trained and oversaw 2 eirnployees • Negotiated cw&acts fw spealking E�ngagernentq, increasing rev"'lue by 30% 1823 1824 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 1825 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What 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. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 1826 Sitanizioniei, From: It Clerk Sent: wednesday, AprH 19, 2023 5:20 P'M To: Stanzione, Tamniy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: Ali-Loper esto,-Resuinie-2023,docx From., arn19889! <i,ioreply@123fort,nbLlildei,,cotn> Sent-, Wednesday, Aprd 19, 2023 4:45 PM To. City Clerk <CityClerk@bbf1.us> Subject: Advisory Board Appointment applicatlon Today's date 04/19/2023 Name, Alexandria Lopesto phone number 561-704-1718 Address 578 SW' Stew Av Boynton Beach Florida 3343S, United States Email PM yAh 00 99 -r -n Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter?' Do you: reside within the Boynton Beach Yes City limits? Do you own/manage a business within City N,o limits? If "Yes"', name of business - Are you currently serving on a City No boa,rd? Haveyou, , served on a City board in; the No past? if ""Yes""', which, board(s) and when? I 1827 Have you ever been No convicted of a crime? If "yes", when aindl where? Advisory Board Planning Development Board 'f appointed by the City Commission to q.e,rve as Board Chair ir Vice Chalir are you YqE willing toserve in t'hiis capacity? Personal I am 32 years old and have lived in Boynton Beach my whole fife. I love this city and am amazed Qualifications by how much it has grown and changed over the years. i am always looking to get involved in the community and think this would be a great opportunity for me. Il currently volunteer for some other local charities and scholarship committees. I am very interested in the new development of our city and the opportunity for these projects to benefit our residents. I enjoy riding my bike to Downtown Boynton, Beach and also taking part in the Iholiday festivities. I currently live in Chapel Hill and love how rnuch the downtown area has evolved and would love to be a part of the future of Boynton Beach, Professional Memberships Feell free to attach/upload an hup -qd47551f(,),5b28d7ed35a6cO9d7'1'74722 extra sheet or LeW� resume., Certification 1, the applilcant, hereby certify that the staterrients and answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cauise for removal from a hoard. The niessage has been sent from 75,30.229.208 (United States) at 2023-04-19 15A4:33 on Safari 14.0 Entry ID: 624 Referrer � tq bea .21111-_cg_nIjrnittees Form Host; h a rd a poLiLLtq3Di�� 1?1 i n �Yornnbufliderx f 1828 Stanzione, Tammy From: leshag-OU ncitreell <nloi,eply@123�fon'i-nl)uilder,coi-n> Sent: Wednesday, March 29,2023 2A2 PM To': City Clerk Subject- Advisory BoardAppointrnent appkation Today's, date 03/29/2023 Name Leshai Roundtree Phone n!uim,ber Address 805 NE 2nd Ct, Boynton Beach FL 33435 Netherlands Emall lesharoundltree,ll@lgtaill.co,ii-i Current occupation or, if Edcatoir retired, �pri�o�r oc!cuipatio�n Education pMaster Degree Do you reside within the Yes BoBeach City firnits? If "yes,"', name of business: L Enterpin'ses Are you currently serving on a No City board? Have you served on a: City Yes board in the past? If "yu s", which board(s) and Education Advis:o:ry Board wheu ni? Library Adviscry Community Relations Parks aind Recreation Have you ever been convicted No #4 a crime? if "yes,"', when and where?' If appointeid by the City Commission to serve as Board Chair or Vice Chair are you Planning & Development Board 1829 I W.M*T1qMM'W extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are trio e and' acclu rate. 11 Understand that, if appointed, any false state mints ma:ly be carse for removal from a board. The message has been sent frorn 127.0.0.1 (Nethedairids) at 2023,03-29 13,:42:11 on Chrome 11 .0.0,0 Entry ID: 61.1 ReferrerI .2 MI Form Host: !LqL)s1�1LoLrn.,123f ornibuflder.gm 3 32.j a _vjs_o[yLcqr_ :ApRL a ( au _ 1830 From: City Clerk S,en t Friday, March 03, 20,23 1213 PM To: Staern zform e, Tammy; De JeSUIS, Haylee Subject: FW Advisory Board Appointment applicafion From: n,ick "-tunno <riorply@123formbtjilder.coni> Sent!. Fridlay, March 3, 2023 11:45 AM To: it Clerk <0tyClerk@bbfLu:s> Subject- Advisory Board Appoiritrnent application Today's clato /03/2023 Name Nicholas TUnno Phone number 561-862-7240 Address 4 Nottingharn PI Boynton Beach City limits? Bo,yntoin, Beach FL 33426 Do you olwin/imaniage, a business United States Email Li �k k Lu o 6�y 1 jjg () c o 13 �� !_ _.a_ L Current occu �pation or, if I Sales Manager revired, Prior occupation Education Bachelors Are you a registered voter? Y'e,s Do you residewithin, the Yes Boynton Beach City limits? Do you olwin/imaniage, a business within City limits? No if "yes", name of business - Are you! clurrentl:y serving on a No City board? Have you served on a City No, board iin the past? If "Yes,"', which board (s) and whein? Rave you ever been convictied No, of a crimie? if "yes", when, and where? Advisory Board Planning & Development Board 1831 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 Hello. I have been a board member of SIARM PaIrn Beach County for many years working closely with businesses, and business professionals in OUr con'-irnunity. I'mi very passionate about serv'ing oin boards that allow me to rnake an impact in my local cornniunity. I'ni seeking a new challenge and arn confident 1 can rnake a real impact in hat vier role t take, I also serve as a sales manager for a large hisurance consulting firm. I nianage 13 offices and over 50 professionals. 1'rn a great coach and mentor in this capacity, professional Memberships SHRM Palm Beach County Board of Director, Surru'rier Search Norr Profit Junior Board mernber. 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. 11 understand that, if appointed, any false statements may be cause for rernoval born a board, The message has been sent froini 731,106,23 (United States) at 2023-013 03 DA5:00 on Chronle 110,0, 0.0 Entry 0: 602 Forum H�ost: htjps,:J oj,..jL23formbudder.cp[ji j 3L dvis'qMj�d j - o t , ent-:,4—atLj®r1 _ rn P 1832 From: City Clerk Sent: Thursday, February 23, 20,23 229 PM To: Stanzione, Tammy; De Jesus, Maylee Subject: FM Advisory Board Appointment application From, beveridge,n,sarah <noreply@123fornibtiilder.corii> Sent: Thursday, February 23, 20, 23 2:44 PM T : City Clerk <CityClerk@bbfl1.us> Subject. Advisory Board Appointment application Today's date 02/23/2023 Name Sarah Beveridige Phone number Address 3681 WOLF RUN LN BOYNTON BEACH FL 33435 Ulnited States Email Current occupation or, If Stay at home mother, previOUSly a teacher retired,, prior occupation Education Bachelors Do you reside witIII w hin the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? Are you currently serving on a No City board? Have you served on a City No board in the past? J0 i ic"Nioardis) and whien? Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Recreation & Parks Board 0 1833 1834 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 another and a previous educator I feel I have a connection to what is needed in our community. Feel free to attach/lupilloadi 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 messige has been sent from 73.2�04,57,247 (United States) at 20,23-02-23 M44:19 on Chrome 110.0,5481.83 Entry ID,: 595 Referrer bIAL)sJ:jAApyLi Lrjq:t PacL�LrE/ MLnj:�Pp Form Host: r4-g1mgLq ' -!j ation 1835 1836 From: camgeoff <noreply@123fornibuild:ler.cory)> Sent: Tuesday, March 28, 2023 11:1 ' AM To,: City Clerk Subject: Advisory Board Appointment application Today's date 03/28/2023 Name Geoff Campbell Phone number 864-320-6712 Address 221 SE 5th Ave. Apt. B Boynton each Florida 33435 United States Email, camgeoff@gmaii,com Current occupation or, if Landscape Architect retired, prior occupation Education Bachelors Are you a registered voter? Yes Do you reside, within the Yes Boynton Beaich City limits? Do you own/mianage a business No within City limi�ts? If "Yes", name of business- KEITH Are you currently serving on a Yes City boa;rid? Have you served on a City Yes board 'in the past? if "'Yes", which board(s) and Recreation and Parks when? DZINEEMEMMM Advisory Board Recreation & Parks Boare if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you wil Ii ng to serve in thl s capacity? Personal Qualifications Practicing landscape Architect well versed in site and park design,, maintenance and construction. Lifelong athlete, former Boynton Beach Tennis League participant, 0 1837 I'll 11 11 1 1A extra sihieeit or resume., Certification 1, the applicant, hereby certify that the stat eren ents and answers provided herein are true and accurate. I understand that, if a,pppint ed, any false stat ernents rnay be cause for removal from a board. The message has been sent from 64-152.141,146 (Unfted States) it 2023-03-28 10:11:39 on Chrome 111.0.0.0 Entry D 10 Refpirrer Form Host: hq —f gr LB� 2 L4 _p ��.j Aqvi jL(ja[d�,UL)qLinqnent- p,�C I —2 ory 1838 Stanzione, Tammy From: City Clerk Sent: Wednesday, March 01, 2023 2:05 PM To: Stanzione, Tarnmy, De Jesus, Mia lee Subject: FW: Advisory Board Appointment application Sent: Wedinesday, March 1, 2023 1:31 PM To: City Clerk <CityClerk@bbfLus> I SubAdvisory Board! Appointment application Today's date 03/011/2023 Name Julie Mondello Phone number 561-346-,9466 Address 122 Lancaster Road Boynton IBeach FL 33426 United States EmailLtLh-ejri—Le-Le1(o-2yALnr-qpnn Current occupation or, If Technology Project Mianager retired, prior occupation Education, MBA Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/mainage a business within, City limit's? 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 I have been serving on the Recreation and Parks, board for the last 10 years or so. when? Have you ever been convicted No Bmf a crime? if "yes,"', when and where? Advisory Board Recreation & Parks Board t. 1839 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 paniclemic, I am, currently the chair of I the board and I think all of or board members are doing a great job. Professional M" emberships Project Management Professional' (PMP) Six Sigma Green Belt Feel free to attach/upload an extra sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers, provided herein are true and: accurate. 11 understand that, if appointed, any false statements may be cause for rernoval from a board. The message has been sent from 73,46,25.173 (Un:ited States) at 2023,-03-01 13:31:06 on Chrome 108-01.0.0 Entry ID: 599 Deferrer Form Most: 3214 adv oard-a: p9intn L, p gj&� --m—(MAA 1840 Havei you serve on a City board ini thie 'Yes past? If "'Yes", whiich Youth and Education and Recreation and Parks Boards board(s) aind when? ull If "yes",'when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as BoardChair Yes or Vice Chia! r are you willing to serve ini thiis Capacity? Personal I am presently serving oin this board ,Qualifications Professional Member of Kappa Alpha Psi Memberships Feel free to attach/uptoad an 11!.Vs: orm. 23forrnbuil co t�4�a 911 & 2�9,ta i� �a j.1---a.....--1..-1--M1e1 I �oa d _�J-Il�d, L �Oi&bfLZt5,L63 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand t�hait, if appointed, any failse staternents may be cause for removal from a board. The message has been sent from 131,91.7.200 (United States) at 2023-02-28 12:1034 on Chrome 110.0,0.0 Entry ID: 596 Referrer IIt Form Host:.h j1,2 j�gAjjgn ......... . ....... . ... . .... --gn— RP 1841 Stanizione, Tammy To: City Clerk Subject: RE: Advisory Board Appointment application From: City Clerk <CityClerk@bbfl�.us> Sent: Tuesday, February 28, 2023, 1218 PM To: Stanzione Tarnmt<Stanzion T'- bblif Sent: Tuesday, February 28i, 2023 12:11 PM To: City Clerk <Qy us> Today's date 02/28/2023 Name, Franido Patterson Phone number Address I I I I RWIVIII United States Current occupation or, if retired, prior Director of Testing and Certification occupation Education Master Degree Are your a registered Yes voter? Do you reside withiin, the Boynton Beach Yes City limits? Do you own/miainage a business within City No linnits? if "yes,', name of business: Are you currently serving on a City Yes boardl? 1842 Frando LPattemon, Boynton Beach, Fl, 33,426 Objective: A visionary and proactive individual who is seeking a position where my skills, abilities, and experience will benefit tile organizations goals and objectives. Education: Golden Gate Un&ersitj, San Francisco, CA Master of Science Hunian Resources Educational emphasis Personnel Management ;lune 1991 Terare vseeStat e Universitji Nashville, TN Master of Education Curriculum and Instruction Educational emphasis Business Education (.',onipleted 33, hour toward teaching certification Tennessee State Universil Y Bachelor of Business Admin Educational emphasis Marketing CCA F Associated Degree Nashville, TN May1983 Maxwell AFB Education and 'I"raining Management Work llistot%y: Florida Atlantic Universitj, Boca Raton, FL Director of Testing and Certification Dec 2007 to tile Present Director of Testing Preparation Responsibilities - Department manager for all activities in the center which includes overseeing Budget, Revenue and Expenses, Additional responsibilities include employee relations (personnel policies, ernPloyment, hiring and staff development) and marketing of tile services offered by the departnient. Point of contact torr 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 PROM TRIC APTC, PEARSON VUE, PS] centers, Priniary manager for administer functions for the test Prep departnient. lZellresent the department or the university at various functions or committees, as needed. 1843 Tennessee State 0,tiversity Nashville, TN Testing Supervisor Jail 4993 to Nov 2007 Respons ibili ties - Supervised and administer cornputer-based and paper and pencil exams, These exams included GRE, MAT, CASTLEWORLD, CLEP, PSI, GED ACC LP PLACER, MCATand Praxis series test. Supervised and trained graduate assistants and contractual test proctors on administering test for the department. Advise university personnel, students, and the public on testing requirements. Military History: Air Force Reserve Marietta, (jA a 4"' Wing'Training Manager Jan 2013 to June 2015 45"' Aerospace Evacuation Squadron June 2015 to Jan 2017 Wing Training Manager/ Unit'Irraining Manager Responsibilities,- -Worked as the OPR for training programs for units serviced by tine l'orce Support Squadron, In my capacity as a Wing Training Manager, I ensured programs were in place to inanage upgrade, qualification, in-ganison, and ancillary training, Irriplenient and manage training prograrris, policies, and procedures as directed by higher headquarter, Review and coordinate wing and unit -level training publications, supplements, and operating instructions, and provide reconimendations to the appropriate OPRs. Tennessee Air National Guard Nashville, T N T'rai ni ng Manager 11, 8"' AES July 1 91 to Jan 2013 Resl.)onsihifities- Advise the Unit Commander oil all training issues Develops, delivers, and evaluates education and trairring progranis Apply instructional system development process for job standards Advise Air National C.,suard 4NO CFM oil training issues Advise niernbers as 'school dates using'FEAM Award members skill level using Milpds Advise AN Readiness ("enter concerning training issues Super -User for tile ANCi Medical Communities for AFTR Senior Instructor tarn tile Express Train Class (Class for newly appointed) U l, M and units that are 12 months out from a HSI) Instructor for Supervisor Involvement Course ANG Field Rep for AI TR United State Air Force July1987 to July 1199 Computer Skills: MicrosofiWords, PowerPoint, Excel, Banner and Access Organization: Member ATP-NCTA ORP Standard workgroup Rel'erence: Available on Request 1844