The URL can be used to link to this page

Agenda 06-18-24The City of Boynton Beach City Commission Agenda Tuesday, June 18, 2024, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Aimee Kelley, Vice Mayor (District IV) Angela Cruz, Commissioner (District 1) Woodrow L Hay, Commissioner (District 11) Thomas Turkin, Commissioner (District III) Daniel Dugger, City Manager Shawna Lamb, 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 Welcome Thank you for attending the City Commission Meeting 1 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. 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 2 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 Pastor Bob Bender, Christ Fellowship Church Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Information Items by members of the City Commission. City Commissioners to disclose any informational items to the public. 3. Announcements, Community and Special Events And Presentations A. Presentation- Boynton Beach Police Department to provide an update on their Homeless Outreach efforts. The Boynton Beach Police Department will provide an update regarding their Homeless Outreach efforts throughout the city. B. Announcement- System -wide free chlorination flush of the water distribution system. The City of Boynton Beach Utilities Department will be performing a system wide free chlorination flush for routine maintenance of the water distribution system from July 3, 2024, to July 24, 2024. C. Announcement- Swim with a Cop Pool Party. The Boynton Beach Recreation and Parks Department and Boynton Beach Police Department will co -host Swim with a Cop on Saturday, June 22 at John Denson Pool (225 NW 12th Ave.). This event will bring Police Officers and community members 3 together to build relationships one lap at a time. There will be food, music, games, and more! The event will last from 12:30 P.M.- 4:30 P.M. Standard pool admission fees apply. For more information, log on to WeMakeLifeFun.com. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). 5. Administrative A. Advisory Board Appointments. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. B. Purchases for over $10,000 report for April 2024. Receive the written report to the Commission for purchases over $10,000 under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction for the month of April 2024. C. Proposed July Budget Workshop Dates Discuss and finalize budget workshop dates and times. Wednesday, July 10th, 2024 - 9:00 a.m. to 5:00 p.m. Thursday, July 11th, 2024 - 9:00 a.m. to 5:00 p.m. Friday, July 12th, 2024 - 9:00 a.m. to 5:00 pm. (If needed) All meeting will be held in the City Commission Chambers 6. Consent Agenda A. Proposed Resolution No. R24-120- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. Staff recommends approval of Proposed Resolution No. R24-120. B. Approve the disposal of obsolete/expired items including hurricane and COVID related stock to be disposed of via online auction or destruction. Approve the disposal of obsolete/expired items including hurricane and COVID related stock to be disposed of via online auction or destruction at a cost of $38,543.90. C. Solid Waste Division Accounts Receivable Write Off Request. Authorize the Finance Department to reduce the allowance for uncollectible accounts and the accounts receivable accounts for the Solid Waste Division by $72,830.50. This amount consists of unpaid Solid Waste Charges incurred during FY2015 to FY 2020. D. Police Accounts Receivable Write Off Request FY 2018-2019. 4 Approve and authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for the Police Department by $39,386.35. This amount consists of unpaid Police detail charges and other adjustments. The write-off period is defined as FY2018 to FY 2019. E. Schoolhouse Children's Museum Second Quarter Report FY24-25. Accept FY23-24 second quarter report on operations of the Schoolhouse Children's Museum. F. Proposed Resolution No. R24-121- Approve and authorize the Mayor to execute the First Amendment to the Lease Agreement between the most reverend Gerald M. Barbarito, DD J.C.L., as Bishop of the Diocese of Palm Beach County, his successors in office and assigns forever, a corporation sole and the City of Boynton Beach, extending the current lease until December 31, 2025, and authorizing the City Manager to execute a Task Order for engineering and permitting services in an amount not to exceed $100,000. Staff recommends approval of Proposed Resolution No. R24-121. G. Proposed Resolution No. R24-122- Approve and authorize City Manager to sign a 2 - year agreement with Flock Group, Inc., for the Flock Safety Real Time Crime Center Elite Package for the total amount of $60,000 ($30,000/each year 1 and year 2). Staff recommends approval of Proposed Resolution No. R24-122. H. Proposed Resolution No. R24-123- Approve the Piggyback Agreement with Advanced Roofing, Inc utilizing the City of Sunrise Bid No. 19 -17 -12 -HR for a total not to exceed amount of $250,000. Staff recommends approval of Proposed Resolution No. R24-123. Proposed Resolution No. R24-124- Amend the FY 2023-24 budget, adjust budgeted appropriations and revenue sources and provide spending authority for the General Government Fund (001) on Exhibit A and other funds on Exhibit B (Capital Improvement Funds 302, Utility Funds 401 and 403, Golf Fund 411, etc.). Staff recommends approval of Proposed Resolution No. R24-124. J. Proposed Resolution No. R24-125- Approve the reduction of the Performance Bond No. 016237559, 9395633 to 5% of the original total cost estimate ($9,516,087) of the performance bond, for the completion of construction work and required public improvements in association with Publix Distribution Center Expansion, from the current amount of $10,467,695.70 (110% the total cost estimate) to $475,804.35. Staff recommends approval of Proposed Resolution No. R24-125. K. Proposed Resolution No. R24-126- Approve the reduction of the Performance Bond No. L256241 to 5% of the original total cost estimate ($314,376.65) of the performance bond for the completion of construction work and required public improvements in association with St. Andrews Club, from current amount $345,814.32, 110% of the original cost estimate, to $15,718.83. Staff recommends approval of Proposed Resolution No. R24-126. L. Proposed Resolution No. R24-127- Approval of marketing agreement between the 5 City of Boynton Beach and Utility Service Partners Private Label, Inc., to offer property owners the opportunity to purchase a service plan and other similar products. Staff recommends approval of Proposed Resolution No. R24-127. M. 3800 South Congress record plat. Approve the 3800 South Congress record plat, subject to final execution by the acting City Engineer. N. Proposed Resolution No. R24-128- Approve Task Order SCADA-13-2024 with Star Controls in the sum of $55,625 for installation of the StaRTU application within the Utility wellfields in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission on January 21, 2020, and renewed in February 2024. Staff recommends approval of Proposed Resolution No. R24-128. O. Proposed Resolution No. R24-129- Approve and authorize the City Manager to sign an Amendment to the Officers & Detectives, Sergeants, and Captains Collective Bargaining Agreements, between the City of Boynton Beach and the Palm Beach County Police Benevolent Association Inc. (PBA) regarding wages and pension for the Officers, Detectives, Sergeants, and Captains of the Police Department. Staff recommends approval of Proposed Resolution No. R24-129. P. Commission Meeting Minutes. Approve minutes from the April 2nd, 2024, May 7, 2024, and May 21, 2024 Commission Meetings. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-130- Approve a Piggyback Agreement with Bound Tree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $150,000. The County of Volusia procurement process satisfies the City's competitive bid requirements. Staff recommends approval of Proposed Resolution No. R24-130. B. Proposed Resolution No. R24-131- Approve utilizing the Region 4 Education Service Center (ESC) as the Principal Procurement Agency, which partnered with OMNIA Partners, to establish a national cooperative Contract No. R220701 and Authorize the City Manager to sign an agreement with ADT Commercial, LLC, of Boca Raton, Florida, for Facility Technology Integration & Security System Services for an estimated annual cost of $150,000. The Region 4 Education Service Center's procurement process satisfies the City's competitive bid requirements. Staff recommends approval of Proposed Resolution No. R24-131. C. Proposed Resolution No. R24-132- Approve and authorize the City Manager to sign an amendment to the Progressive Design Build Phase 1 Services with PCL Construction, Inc., for the Master Lift Station 317 Upgrade Project, to modify the scope of services, and increase the contract price by $60,745. Staff recommends approval of Proposed Resolution No. R24-132. 6 D. Proposed Resolution No. R24-133- Approve and authorize the City Manager to execute Supplement No. 2 to PO 220936 with Baxter & Woodman, Inc., in the amount of $50,402 for additional engineering services in support of the Lakeside Gardens Neighborhood Project, and authorizing a limited term extension. Staff recommends approval of Proposed Resolution No. R24-133. E. Proposed Resolution No. R24-134- Approve a piggyback agreement with Bennett Fire Products Company, Inc., utilizing Lake County, FL, Contract # 22-7308, and Authorize the City Manager to sign the Agreement with Bennett Fire Products Company, Inc. for Fire Equipment, Supplies, and Services for an annual amount not to exceed $160,000. Staff recommends approval of Proposed Resolution No. R24-134. F. Proposed Resolution No. R24-135- Approve an annual expenditure increase with SAM Surveying and Mapping, LLC, utilizing RFP No. CW23-009, from an amount not to exceed $300,000 to an amount not to exceed $375,000 per year. Staff recommends approval of Proposed Resolution No. R24-135. G. Proposed Resolution No. R24-136- Award Bid No. EV24-034 for "Rental Equipment for Various Events" and authorize the City Manager to sign an Agreement with C4 Rents, Inc., of Loxahatchee Groves, Florida, with an annual not to exceed amount of $200,000. Staff recommends approval of Proposed Resolution No. R24-136. 8. Public Hearina 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. A. Development Order for the Conditional Use for Blueheart Adult Day Care (COUS - 2024.05.44744). Approve the Development Order for Conditional Use (COUS - 2024.05.44744) for Blueheart Adult Day Care to be located at 709 South Federal Hwy, Suite 1, in the Community Commercial (C-3) zoning district. 9. City Manager's Report 10. Unfinished Business 11. New Business 12. Legal 13. Future Agenda Items A. Discussion regarding combining City properties together to create senior affordable housing . - TBD Requested by Mayor Penserga. 7 B. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD Requested by Commissioner Turkin. C. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD Requested by Commission Hay. D. Discussion regarding a waiver process and criteria for workforce housing projects. - TBD Requested by Commissioner Turkin. E. Discussion regarding Restrictive Covenant for Harvey Oyer Park - TBD Discussion requested by Commissioner Turkin. F. Discussion regarding Procurement Policies and Procedures, including local business preference. - TBD Requested by Mayor Penserga and Commissioner Cruz. G. Discussion to explain the chemicals that are added to the water.- TBD Requested by Mayor Penserga. H. Discussion regarding infrastructure, specifically paving in the City. - TBD Requested by Commissioner Turkin and Commissioner Cruz. I. Update on ARPA Funds. - TBD Requested by Mayor Penserga. J. Update on funds from the settlement with Town Square.- TBD Requested by Mayor Penserga. K. Discussion regarding adding a Sister City from Ireland. - TBD Requested by Vice Mayor Kelley. L. Presentation regarding the Living Shoreline project.- TBD Requested by Commissioner Turkin. M. Discussion regarding additional digital signs. - TBD Requested by Commissioner Hay. N. Update on Arts in Public Places Program.- TBD Requested by Mayor Penserga. O. Discussion regarding City entry way signage. - TBD Requested by Mayor Penserga. P. Discussion regarding Adopt -a -Road Program.- TBD Requested by Mayor Penserga. Q. Discussion regarding Rapid Re -housing Program.- TBD Requested by Mayor Penserga. R. Discussion regarding formalized Tree Planting Program.- TBD Requested by Mayor Penserga. 0 S. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD Requested by Commissioner Cruz. T. Discussion regarding Hazard Pay for Community Standards.- TBD Requested by Commissioner Cruz. 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 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Presentation- Boynton Beach Police Department to provide an update on their Homeless Outreach efforts. Requested Action: The Boynton Beach Police Department will provide an update regarding their Homeless Outreach efforts throughout the city. Explanation of Request: Members of the Boynton Beach Police Department will provide a brief update on what the department has been able to do, what is currently being worked on, and hopeful accomplishments for the future with regard to homeless outreach. How will this affect city programs or services? N/A Fiscal Impact: N/A 10 M Announcements, Community and Special Events And Presentations 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Announcement- System -wide free chlorination flush of the water distribution system. Requested Action: The City of Boynton Beach Utilities Department will be performing a system wide free chlorination flush for routine maintenance of the water distribution system from July 3, 2024, to July 24, 2024. Explanation of Request: The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning Wednesday, July 3, 2024 through Wednesday, July 24, 2024. This is a standard practice in which we switch to a stronger disinfection method in order to ensure that the potable water delivered to customers continues of meet all regulatory requirements. As a result, the customer may notice a slight change in odor and taste in their water. During this period, the City's Drinking Water Distribution System will continue to meet all Federal and State water quality standards. Customers particularly sensitive to the taste and odor of chlorine may place an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate. Because of this change, users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their equipment during this period as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this chlorine flush period. Please be assured that this is a preventive maintenance procedure to maintain our Water Distribution System. If you would like further information on this matter, please call our Water Quality Division at 561-742-6964 between 7 A.M. — 4 P.M., Monday through Friday. How will this affect city programs or services? The free Chlorination is part of routine maintenance of the water distribution system. The Utility will continue to meet all local, state and Federal Safe Drinking Water Act requirements. Fiscal Impact: No additional fiscal impact. Attachments: 2024-07 Water Treatment Chlorination Notice.docx 11 PUBLIC NOTICE TO WATER SYSTEM CUSTOMERS OF THE CITY OF BOYNTON BEACH UTILITY The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning Wednesday, July 3, 2024 through Wednesday, July 24, 2024. This is a standard practice in which we switch to a stronger disinfection method in order to ensure that the potable water delivered to the customer remains of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water. During this period, the City's Drinking Water Distribution System will continue to meet ALL Federal and State water quality standards. Customers particularly sensitive to the taste and odor of chlorine may place an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate. Because of this change, users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their equipment during this period as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this chlorine flush period. Please be assured that this is a preventive maintenance procedure to maintain our Water Distribution System. If you would like further information on this matter, please call our Water Quality Division at 561-742-6964 between 7 a.m. — 4 p.m. Monday through Friday. j00526809.1 30(+9001A21 } 12 3.0 Announcements, Community and Special Events And Presentations 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Announcement- Swim with a Cop Pool Party. Requested Action: The Boynton Beach Recreation and Parks Department and Boynton Beach Police Department will co -host Swim with a Cop on Saturday, June 22 at John Denson Pool (225 NW 12th Ave.). This event will bring Police Officers and community members together to build relationships one lap at a time. There will be food, music, games, and more! The event will last from 12:30 P.M.- 4:30 P.M. Standard pool admission fees apply. For more information, log on to WeMakeLifeFun.com. How will this affect city programs or services? This event will be held during the pool's normal operating hours. Attachments: Swim with a Cop 2024 (Instagram Post).png 13 14 5.A Administrative 06/18/2024 Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory_Board_Appointments_Reappointments_and_Applicants_for_June 18, 2024.docx Copeland, Allyson - Education and Youth Advisory Board.pdf Maharaj, Kameren - Community Redevelopment Agency Advisory Board.pdf Robertson, Bruce - Recreation and Parks Board.pdf 15 Advisory Board Vacancies June 18, 2024 Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant II Turkin Regular Vacant Applicants: None Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Kelley Regular I Cruz Regular II Hay Regular III Turkin Regular Mayor Penserga Regular Vice Mayor Kelley Alternate I Cruz Alternate Applicants: None Replaces Daniel Berger— 2nd term expired Replaces Paul Bortz — 2nd term expired Replaces Timothy Dornblaser — 2nd term expired Replaces Sanford Guritzky — 2nd term expired Vacant Vacant Vacant Vacant Community Redevelopment Agency Advisory Board Vice Mayor Kelley Regular Replaces Warren Swee — did not reapply for 2nd term Applicant: Kameren Maharaj Employees' Pension Plan Board of Trustees Vice Mayor Kelley Member Employee Representative (Non -Bargaining) Vacant I Cruz Member Employee Representative Vacant Applicants: None Education and Youth Advisory Board Regular member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms Mayor Penserga Alternate Vacant Vice Mayor Kelley Alternate Vacant Applicant: Allyson Copeland Historic Resources Preservation Board — Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Rhonda Sexton — 2nd term expired Vice Mayor Kelley Regular Vacant Mayor Penserga Alternate Replaces Victor Norfus — did not apply for 2nd term I Cruz Alternate Vacant Applicants: None 16 Advisory Board Vacancies June 18, 2024 Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Kelley Regular I Cruz Alternate II Hay Alternate Applicants: None Recreation and Parks Board Regular member 2 (2 year) terms Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Mayor Penserga Regular Vice Mayor Kelley Alternate I Cruz Alternate Applicant: Bruce Robertson Replaces George Feldman — 2nd term expired Vacant Vacant Vacant Replaces Sean Conklin — 2nd term expired Vacant Vacant Vacant Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant II Hay Regular Vacant III Turkin Regular Vacant Mayor Penserga Alternate Vacant Vice Mayor Kelley Alternate Vacant Applicants: None 17 Stanzione, Tammy From: MRS.ALLYSONCOPELAND <i'ioreply@123formbLjildei,.com> Sent: Wednesday, May 29, 2024 8:49 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: CV20221 docx This Message Is From an External Sender This message came from outside your organization., Today's date 05/29/2024 Name Allyson Copeland Phone number 954-482-1811 Address 3635 Nantucket Court Boynton Beach FL 33436 United States Current occupation or, if retired, prior Director of Learning and Development occupation Education PhD in Education with specialty in Curriculum and Instruction (FAU) Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage Are you currently cerving on a City No board? Have you served on a City board in the Yes past? if "yes", which Pornpano Beach Education Advisory Council board(s) and when? 18 If "yes", when and where? Advisory Board Education and Youth Advisory Boari if appointed by the City Commission to serve as Board Chair Y1 *r Vice Chair are you willing to serve in this capacity? I Personal I hold a doctorate of philosophy in education with a speciality in curriculum and instruction. I Qualifications have worked as an instructional designer and learning manager at Florida Atlantic University where I made c critical decision about student learning objectives and course curriculum. I currently am an instructor at Broward College and the University of Ft,Lauderdale where I teach sociology and courses in education, I am also a currently a director of learning and development. I am invested in effective curriculum and instruction strategies and have managed several learning initiatives within city and religious organizations. |ennaformer member ofthe Pompano Beach Education advisory council. Professional National Association for Multicultural Educators Memberships National Honor Society Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.I25J3.248(United States) at2O24-O5-2919:49:16onChrmnne124.Ol}.Q Entry ID: 686 Referrer: Form Host: ht 11F _L Lq nen apjj[icaflon 19 TIV MW 1 0 . * A. 111* Mjjllj Full Name: Allyson Lynna Hall -Copeland Address: 3635 Nantucket Court Boynton Beach, FL Telephone: 954-482-1811 Email Address: n( qp Lar Id �i c o r r i I I I R• I V M I R � " qIIIII =111.�I _Fj "r� KIMTMRIII��1 11111 ►irk, 70111TIAITIR, W.- EO III I •SMIM FSPER jrwr RmM A, a 2018- Present _Y_#jnyeT October 2015- 2018 April 2018 - Present • ions: u c a FI -5-n-5-71 on 3 V ft -67 -n -T -an a onnect r-na Trainer (7rYFrf." August 2015 - Present 'dentify Development in Adolescent Youth: Trainer (Ages May 2016 - 2017 9/6/2022 AXP Internal 1 20 ........... Teachers Training Teachers: International Teacher Trainer August 2015 — 2017 I '2RUNEVIII U41 2 IFM rm?V - - I N'915 August 2014-2016 Everest University, Online TraindA August 2013 — May 20wF1 CollegeL University Teaching Experience Anderson University, South Carolina IDLT511: LeamingAnalytics Sociological IDLT 512: Program Development Broward College SYG2001: General Sociology (Online) SYG2340: Sociology of Human Sexuality (Online) PSY2012: Intro Psychology (Online) Everest University, Pompano Beach SYG3000: Race & Ethnicity SYG2001: Sociological Perspectives City College, Ft.Lauderdale SYG2000: Sociological Perspectives 9/6/2022 AXP Internal 2 21 Nnflaw"W&EM 111 III I pil 111 I'll 1 11111 111111111 111�nii 11�1 111111111111 11� 1111111 1111111 ll;i 1111pli 1 11 M TO R fl Iffillfino ".7111 U Wolff T =4 Copeland, A. L., Sarkar, M., Baumer Saldivar, B., & Tricoli, E. (2022). Development Rich-Tirne Poor: How Game Based Developmental Experiences Provide Impactful Performance Interventions for Corporate Learners. In K. Wolfe, J. Herron, & W. Chavez (Eds.), The Instructional Design Fieldbook. essay, Information Age Publishing. Waldon, K., & Hall, A, L,, (2017), MCE lesson planning 101. In Baxley, T.P., & Waldon, K., Equity pedagogy. Dubuque, IA: Kendall Hunt Publishing Company. Waldon, K., Baxley, T.P., & Hall, AL., (2017). Rags to riches: Honoring the Inherent richness of students in poverty. In Baxley, T.P., & Waldon, K., Equity pedagogy. Dubuque, IA: Kendall Hunt Publishing Company. Hall, A, L,, Minor, I., & Williams, K. (2017). Reaching our diverse learners through STEM. In Baxley, T.P., & Waldon, K., Equity pedagogy. Dubuqu IA: Kendall Hunt Publishing Company. Baxley, T. P., Waldon, K. A., Rochester, R., Hall, A., & Minor, 1. (2016). Constructing Blackness: Black adolescent girls' perception of Black identity through personalized avatars. Protocol # 899912-1 �.omers, J., Golden, J., & Hall, A, (2016). Center for el -earning: Student Driven Faculty Professional Development Research Assistant to Dr. Hanizah Zainuddin 2013-2014 Dr.Zainuddin is a TESOL Professor at Florida Atlantic University studying English Language Learners, Research Assistant to Dr, Patricia Widener Tasks included document research, field not collection, and interview transcription Research Assistant to Dr. Naihua Zhang 2010 Dr. Zhang is a Professor at Florida Atlantic University who researches the sociology of family with an emphasis on Chinese relations. Research included 9/6/2022 AXP Internal 3 22 ItWINIfflim Rochester, R,, Waldon, K. A., Hall, A,, Minor, I., & Baxley, T. P. (October, 2016). Constructing Blackness: Black Adolescent Girls" Perception of Black Identity through Personalized Avatar, Accepted for presentation at the 42nd Annual National Black Child Development Institute Conference (NBCDI) Orlando, FL, Golden, J., & Hall, A. (2015) Blend & Flex: One Size Fits All Faculty Development. Paper presented at the annual Online Learning Consortium conference, Denver, CO. I 'I it, 477TITMIZ-3. I tic I'VEWTS I � TWIL�'My-c-r.t, t-e-s-'emw at the Chicago Curriculum Series Conference at the University of Illinois at Chicago, Chicago, IL. �iresen , at ne 7V T I the annual Student Achievement Council Symposium at Florida Atlantic Hall, A. (2014). For Profit Universities: Do the Costs Outweigh the Benefits. Poster presented at the annual conference at Brunei University, Uxbridge, England. 61111i�•�MILIII VAN 141"'711 University, Service AXP Internal 4 23 Nuflammm 0 National Black Child Development Institute, 2016 National Association of Multicultural Educators - 2016 FL - National Association of Multicultural Educators 2015 - Present American Educational Research Association -2014 Kappa Delta Pi National Honor SN C J E 4 4 4 4 Crime Prevention GEA2000 .... World Geography EDF6637 1-11-11-111 ... ... - ---- - Race, Class, and Gender in Education ... .... ......... . .................... . GEB6215 Business Communications . ........... .. . ..... ....... - - - - - -- ------------ ------- - . .... . . ... ..... ... MMC1140 Intro to Mass Comm Y1012 Psychology EDA6103 f Educational Leadership C P 0 300 3 ................ Comparative Politics C C J 4670 Women in Criminal Justice FOL3880 Research in Bibliographic Methods COP4854 . .. . ....... ... . ..... ......... CAPTURE ... .... ....... EDH6635 Organization and Admin of Higher Education 9/6/2022 AXP Internal 5 24 .. . . .... . ... ... . .. ... .. ... . . ..... . . ............................. ... (Online webinars and In-person trainings) Identity Development Peer Pressure Finding Your Passion College Readiness Higher Education (University Faculty) Quality Matters: Online Course Enhanceme Integrating Technology in Your Courses Mindset in Professional Development Effective Grading Practices Scaffolding K-12 Faculty Teacher Presence Equity Pedagogy 1iiIw1kIiI,#".W4 Diversity Training Multicultural Education 1 *f d fleTI01,11 Or 5*010 0 1 pro, T-Tiopffient ses, ions i nave =esign=,p(ease vis tj.t�tp,JZ,L�jj.,JyZ Ujg)1jd ,_(case sensitive) 9/6/2022 AXP Internal 6 25 From: maharajkameren <noreply@123formbUilder.com> Sent: Friday, May 17, 2024 12:53 PM To: City Clerk Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. MM Current occupation or, if retired, prior occupation Education 05/17/2024 Kameren Maharaj 561-584-2375 131 Ne 18th Ave Boyton beach Florida 33435 Reserved maharaikameren@gmail.com Director of patient cre Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business # within City limits? If "yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? if "yes", which board(s) and when? Have you ever been convicted No Yf a crime? if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board if appointed by the City Yes Commission to serve as Board 26 Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications t."Strategic P|anning:** - Strong strategic thinking and planning skills to develop long-term redevelopment plans. - Ability to set measurable goals and track progress effectively, 2."Community Engagement:** - Excellent interpersonal and communication skills toengage with diverse community stakeholders. -Experienceinorganizing and leading public meetings, workshops, and forums. 3. "Problem -Solving and Innovatiow" , Creative and innovative a"". -#,roach to -#ir*4Ieiis*Ivi* 4."Project K4anagemnent:** -Stnzngp ject management skills to oversee multiple, complex projects simultaneously, - Ability tocoordinate with various departments and external partners Professional Memberships Feel free tmattach/up|oad an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. |understand that, ifappointed, any false statements may hecause for removal from a board. The message has been sent from 172.58.13O.153(Reserved)at2O24-U5-l711:S3:29oniPhonel7.4.1 Entry ID: 684 Referrer: Form Host: 2 27 Stanzione, Tammy From: brucear89 <noreply@123formbuilder.com> Sent: Thursday, May 23, 2024 3:20 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: BARober,tson'_-.-rPi-o-Sumrnaty,-1 3--Feb-24,docx This Message Is From an External Sender This message came from outside your organization. Today's date 05/23/2024 Name BRUCE ROBERTSON Address 4850-B HAWKWOOD PL BOYNTON BEACH FL 33436 United States ,:Mail brucear89@gmaii.corr Current occupation or, if retired, prior Information System - Manager occupation Education Bachelors - Computer Science & Math Are you a registered Yes voter? Do yoVIII �I u reside within Do you own/manage a business within City No limits? If "yes", name of business: Are you currently cerving oII n a City No board? 4ave you served on a No City board in the past? 'f "yes", which board(s) and when? Have you ever been No convicted of a crime? 28 if "yes", when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as Board Chair or Yes Vice Chair are you willing to serve in this capacity? illy I �� I � I I I � I I � I I I �� I I � I I I � I 111 1 ZT 0=1 . LMURIIIININTIO, M -ill, 111 � , ;:• 4, Served on the Finance board and the Administative board at St Peter's United Methodist Church in Wellington. Professional 1, Club Management Association of America - Student Membership (inprocess)Memberships Feel free to attach/upload an extra [ tp51 ft,Jtgta!l..'I1.3fc)r,iilbuilorw Lqp iaeid=dlf(ba0i,)4f23ae6f43272aa6ad2b28dl, 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 69.180.118.81 (United States) at 2024-05-23 14:20:10 on Chrome 124.0.0.0 Entry ID: 685 Referrer:. t ps� .bo cln ntbeach.,Lk(jgZ -1 ww Form Host: MOTMI)UOder, 583 1V c vsoiymb a - pS�ilLt[qg non 11L jik 'Lal. 29 Bruce Robertson �5,,"4 0 5 3,,?3 9 r la e: e tl! i r 8 c P Objecflves Performing leadership & delivery rates, for internal or external customers; client engagement orad service delivery is always top -of -mind, as it has been throughout my career; partnering with business and technology stakeholders on their project initiatives is my mantra for successfully managing team efforts. Qualfficaflons & Know -l -low * Versatile, patient & poised client service history with many entities, technologies, applications & personalities. * Previous experience working within systen7slmonogement consulting firms and private companies, implementing Cloud subscription solutions, as well as On -Premise and Hosted data -centers. * Accustomed to being the trusted expert (managing consultant) to client staff, as well as being the "go -to -leader"" (senior manager) internal to my employer organizations. Exceptional /T history focused on systems design, implementation and delivery for organizations (ranging from a few staff to hundreds of users, and typically including multi -site requirements). Piroven Sidilset o Implementation Projects (Large-scale, Mid-size) - Enterprise solutions ... Dynamics 365 CE & Power Platform; infrastructure transformations; SAP R/3 (ERP), - "Soft. -skill" (methodology) proficiency in planning, budgeting, contract negotiations, project stakeholder communications, scope/requirements definition, issue management, package vs; custom software delivery, test strategies & fulfillment, User training strategies & delivery, process change strategies & management, acceptance criteria & deliverables approval, "godive" planning & deployment, IT department training & transformations. Systems and process change in Fortune 1000 organizations ("big-bang" or phased rollouts) • Technology Planning and Administration - Microsoft technologies (including Azure, DevOps, Office 365, Windows Server, Exchange). - Multi -server, high -availability, virtualization technologies (Microsoft Hyper -V, Citrix Hypervisor). - Business Intelligence (Phoc�as), data integrations (SOL Server, Web services, Azure Integrations) • Management of Technology Staff/;Specialists Enterprise systems integration and wide -area network design/provision Organizational data and security compliance/practices Cloud data backup provisioning, as well as disaster recovery planning/testing. llistraul„y Cer fificaflons, lE ' Atication o Seasoned professional with hands-on experience in corporate management & systems consultant roles, Masonite (D365 CE leadership for N.A. and U.K. divisions) 2021 — present Bennett AUtO Supply (acquired by O'Reilly Auto), Pompano Beach, FL 2016-2019 Templeton & Co, (dba Templeton Solutions), West Palm Beach, FL 2010 -16, 2002 OS New Image Labs, West Palm Beach, FL 2006-10 Accent Consulting Group, West Palm Beach, FL 1997-98 Florida Crystals, West Palm Beach, FL 1995 -97 Price Waterh0LJse Miami, Fl. and Atlanta, GA 1985--95 * Training and significant project management work in Dynamics CRM, using MS certifications (CRM Applications, CRM Cloud Implementations and CRM Customizations & Installation). * Significant certification and project management in SAP R13 & R12 applicationsliti7plernetitations. () Methodologies -- /T implementations project rnonagernent (at Price Waterhouse); Agile (at Templeton) Page 1 13 -Feb -24 30 CE'Apps (Process Areas & Use Cases) o Customer Insights Journeys - 11 111 111 111 111 �i INTI 11111111 1111111 1 11 11111111 - Outbound Marketing & Prospecting (Joumey[reahor\K4arketiog Campaigns/Seoments,Leads Creation) o Sales Enterprise - Pursuits (Lead Qualification, Opportunity Mgt., Pro posal/Quotes/Ord ers) - Mobile app &pnocess o Customer Service - Case to Resolution (CaseCreehmn/VVork' Knowledge Base, Customer Interaction, Service Level Agreements) - Claims & Warranty, Product Returns/Credits, Service Calendar, Item Repa ir/Rep lace ment - CE-|ntegratedTeamsChaL process and [oPi|o1 KBA search - Service Portals n Custorner Voice -Sun/eyS 8/Analytics o Exchange Online and Outlook add-in Power Platforin & Admin) o Dataverse Data Model, Logic, Flows &Sokutimns Integrations - U.S.Operations data (|nh3rand AX2Ol2customer orders, via SChbeSoftthen Dell DoorniETLtools) - U.S.Architectural division document mgt (DnBase.via 5FTP&plug-in code) Power Apps and Flows - CEProduction environment User apps (for main process areas above) - Major custom canvas apps, and model -driven app (for Request-For-Cnedituse cases) External storage/integration ufCEdata (Azure, SharePoint Online, Power B| analytics) o Azure Integrations - U.S.Operations data (MV|S-K4asterPack5,via Azure Integration Services 8kBlob Storage) - U.S.Residential Dealer Rewards Program (Azure Topics) U.K. Operations data (AX, Sage and MVIS-Master'Pack 7, via Azure Data Faictory) DYNAMICS CRM (2010-2016) CRM Process, Areas & Use Cases o Marketing, Sales and Customer Service within professional services industry (accountimq/cmnsukirig firnis) o Design mfindustry features using proprietary CRM entities, workflows, p|ug-|ns,]avaschpts and business rules - Projects, time tracking, expense tracking, billing and reporting processes Compliance forms managernent and workflows (re. income taxes, legal procedure) 31 405,,323"? q) (ui I, com tIC42J.4 r AZIAII M Qypq!vj,cs'_1310CVQ?M_& PqK�vt'Rlot fo!1r11j • Masonite (Tampa, FL) 0 Copersucar.-Uniao (Sao Paulo, BRA) • CRM for Professionals (CRMP) & Practice Mgt. 9 Florida Crystals (Palm Beach, FL) (product R&D at Templeton Solutions) * Westinghouse (Pittsburgh, PA) • Multiple CRIVIP clients in FL, IL, IN, CA, WA 0 Lee Jeans (Kansas City, MS) • BDO USA (Chicago, IL), Rehmann Group (MI) 0 Shell Chemical (Houston, TX) • Miami Herald (Miami, FL) 0 Van Den Bergh Foods (Chicago, IL) • New Image Labs (West Palm Beach, FL) 0 DuPont Chemical (Wilmington, DE) * MS Certified Professional & Specialist - * Dynamics CRM (CE Cloud) Implementations, * Dynamics CRM Applications, * Dynamics CRM Customizations & Installation • Phocas Business Intelligence (Sales, Dashboards, Favorites, Periods, Designer, Administration) • Tibco ScribeSoft (Insight & Migrate systems integration toolset) • MS Sales Foundation & Solution Selling (Demonstrating To Win) • MIS Dynamics SL Inventory & Order Processing • MS Dynamics SL Customization Manager • MS Dynamics SL Installation & Configuration (w/SQL Server Administration & Query) • Miller -Heimann Strategic Selling • Price Waterhouse Systems Management Methodology - SAP / Package Solutions • SAP R/3 Fl Online Functions, GL, AR, AP • SAP R/2 RV Online Functions, Sales & Distribution • SAP R/2 RK Cost Centers, Operating Results, Profitability Analysis, Consolidations • SAP R/2 RIF Financial Accounting, GL, AR, AP VB57ER50 Bachelors Computer Science (Honors program, '83) - UNIVERSITY OF WINDSOR, Ontario Bachelor of Arts (in Mathematics, '83) — UNIVERSITY OF WINDSOR, Ontario Family Man -, Baritone in Chair - Bogey Golfer - Certified Fitness Trainer/Specialist Page 3 13 -Feb -24 32 M Administrative 06/18/2024 Purchases for over $10,000 report for April 2024. Requested Action: Receive the written report to the Commission for purchases over $10,000 under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction for the month of April 2024. 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 2024: 241183 CAULFIELD & WHEELER, $ 49,670.00 INC. 241197 DELL MARKETING LP $ 14,732.00 241221 CIVICPLUS LLC $ 12,226.25 241227 VINCENT & SONS $ 40,079.00 LANDSCAPING 241245 SHENANDOAH GENERAL $ 44,965.00 CONSTRUCTION 241251 HAWKINS INC. $ 15,000.00 241253 ACADEMY BUS, LLC. $ 11,860.00 241273 AVIROM & ASSOCIATES, $ 27,100.00 INC. 241274 2GHO, INC. $ 34,810.00 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 33 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 $10k - April 2024.pdf 34 CITY OF BOYNTON BEACH 0 APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR APRIL 2024 1. Vendor: CAULFIELD & WHEELER, INC. Purchase Amount: $ 49,670.00 Requesting Department: PUBLIC WORKS - ENGINEERING Contact Person: M. ABDURAKHMANOV Date: 4/1/2024 Brief Description of Purchase: PROFESSIONAL SURVEYING SERVICES RELATING TO PROPOSED NE 10TH AVE AND NE 9TH AVE PROJECT AT WELLS LANDING Source for Purchase: COBB # UTL22-014 Fund Source: 403-5000-533.65-02 UC2401 302-4905-541.63-07 TR2407 2. Vendor: DELL MARKETING LP Purchase Amount: $ 14,732.00 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 4/4/2024 Brief Description of Purchase: PURCHASE COMPUTERS FOR NEW EMPLOYEES, OLDER DEVICES AND CONFERENCE ROOMS Source for Purchase: PIGGYBACK NASPO 43210000-23-NASPO-ACS Fund Source: 401-2821-536.64-15 3. Vendor: CIVICPLUS LLC Purchase Amount: $ 12,226.25 Requesting Department: POLICE Contact Person: KARL MARACOTTA Date: 4/9/2024 Brief Description of Purchase: MOVE EXISTING BBPD WEBSITE TO A MORE UPDATED AND USER-FRIENDLY ENVIRONMENT, ALLOWING BBPD WEBSITE TO BE ON SAME PLATFORM AS THE REST OF THE CITY. Source for Purchase: SINGLE SOURCE Fund Source: 001-2112-521.46-91 4. Vendor: VINCENT & SONS LANDSCAPING Purchase Amount: $ 40,079.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 4/12/2024 Brief Description of Purchase: LANDSCAPER TO SERVICE UTILITY SITES FOR THE NEXT TWO MONTHS (APRIL AND MAY 2024). Source for Purchase: THREE QUOTES Fund Source: 401-2824-536.46-98 401-2811-536.46-98 401-2816-536.46-98 5. Vendor: SHENANDOAH GENERAL CONSTRUCTION Purchase Amount: $ 44,965.00 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 4/18/2024 Brief Description of Purchase: VENDOR TO PERFORM CONDITION ASSESSMENT ON MEADOW'S COMMUNITY STORM DRAIN SYSTEM. Source for Purchase: PIGGYBACK BROWARD COLLEGE Fund Source: 401-2824-536.46-44 RFP -2018 -167 -EH 6. Vendor: HAWKINS INC. Purchase Amount: $ 15,000.00 Requesting Department: UTILITIES Contact Person: BRYAN HELLER Date: 4/22/2024 Brief Description of Purchase: VENDOR TO FURNISH AND DELIVER HYDROFLUOSILICIC ACID. Source for Purchase: PIGGYBACK CITY OF CORAL SPRINGS #19 -C -020F Fund Source: 401-2811-536.52-35 7. Vendor: ACADEMY BUS, LLC. Purchase Amount: $ 11,860.00 Requesting Department: EVENTS Contact Person: GABBY FAVITTA Date: 4/22/2024 Brief Description of Purchase: TRANSPORTATION FOR THE 2024 4TH OF JULY EVENT. Source for Purchase: THREE QUOTES Fund Source: 001-1213-519.48-24 SE2405 8. Vendor: AVIROM & ASSOCIATES, INC. Purchase Amount: $ 27,100.00 Requesting Department: PUBLIC WORKS - ENGINEERING Contact Person: M. ABDURAKHMONOV Date: 4/29/2024 Brief Description of Purchase: SARA SIMS CEMETARY EXPANSION LAND SURVEYING SERVICES Source for Purchase: COBB # UTL22-014 Fund Source: 632-3110-539.49-17 TASK ORDER # 24-C-04 35 9. Vendor: 2GHO, INC. Purchase Amount: $ 34,810.00 Requesting Department: PUBLIC WORKS - ENGINEERING Contact Person: KEVIN RAMSEY Date: 4/30/2024 Brief Description of Purchase: SARA SIMS MEMORIAL GARDEN EXPANSION AND RESTOATION - SITE PLANING/CIRCULATION, LANDSCAPE ARCHITECTURE AND IRRIGATION. Source for Purchase: CCNA -EXEMPT Fund Source: 632-3110-539.49-17 36 5.0 Administrative 06/18/2024 Proposed July Budget Workshop Dates Requested Action: Discuss and finalize budget workshop dates and times. Wednesday, July 10th, 2024 - 9:00 a.m. to 5:00 p.m. Thursday, July 11th, 2024 - 9:00 a.m. to 5:00 p.m. Friday, July 12th, 2024 - 9:00 a.m. to 5:00 pm. (If needed) All meeting will be held in the City Commission Chambers 37 Consent Agenda 06/18/2024 Proposed Resolution No. R24-120- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. Requested Action: Staff recommends approval of Proposed Resolution No. R24-120. Explanation of Request: The Fleet Maintenance Division is submitting seventeen (17) units to be disposed of at auction by using the online auctioneer JJ Kane Auctioneers. These proceeds will generate revenue for the Fleet Maintenance Fund. The division has verified that the units are no longer of use and have completed all proper documentation for disposal. How will this affect city programs or services? The disposal of obsolete, damaged, and surplus vehicles/equipment will remove the need to store the items and allow the Finance Department to remove the items from the City's fixed asset records. Fiscal Impact: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund and will be used for the future procurement of vehicles/equipment. Attachments: R24-120 Agenda—Item — Item_ 1657-2023_ Resolution_ for_ Fleet_ Vehicle Equipment_Auction.docx Exhibit A to Resolution - Vehicle Surplus List Jun 2024.pdf JJ—Kane—Contract Agreement.pdf 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. R24-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AUCTION OF THE VEHICLES/EQUIPMENT SUBMITTED BY THE FLEET MAINTENANCE DIVISION FOR DISPOSAL BY USING THE ONLINE AUCTIONEERS JJ KANE AUCTIONEERS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, on August 15, 2023, the City Commission approved Resolution No. R23-102 approving an Agreement with A Kane Auctioneers to facilitate the sale at public auction of City - owned vehicles and equipment that have been identified as surplus; and WHEREAS, the Fleet Maintenance Division is submitting seventeen (17) units to be disposed of at auction by using the online auctioneer JJ Kane Auctioneers; and WHEREAS, the Fleet Maintenance Division has verified that the units are no longer of use and have completed all proper documentation for disposal, and requests the City Commission's review, evaluation, and approval to sell the surplus vehicles/equipment; and WHEREAS, the proceeds will generate revenue for the Fleet Maintenance Fund; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve the auction of the Vehicles/Equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneers JJ Kane Auctioneers. 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. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve the auction of the Vehicles/Equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneers, JJ Kane Auctioneers. A copy of the Vehicle List to be auctioned is attached hereto and incorporated herein as Exhibit "A." SECTION 3. This Resolution shall take effect in accordance with law. 39 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 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 40 r le H W U) U) 200 LJJ W O Qco(n W W W W W H tz D D w w w w w w W Q w W W Q Q Q U U U CU U_ U_ U U D 0 J J J J J J _U J _U J J J J _0 J _C) J J 00000000000000000 J p p O p 0 M I- (O 00 (p0 N M q Ln �_ �_ M �_ M 7 't� N h M O m� r—O WO p C\lp p N O M N M Z Mafn N LLI_C�0( UUUoo0000 (D(D( 0QON (D �rnrn(D(D(D22222 p Cl) Y 1` N �DYY �Q MLn N a CO Li O Z W v v U 0 - Q * a m VY m m S1YYYYYY m m m m m o Q�U Xlzl- U _Z Q UU 222222221` LO >m C) LL LL LL LL LL LL LL LL r O LL J > N LO 00 H H Z Z 00 2 w Z 0 P Y �_ �_ �_ �_ �_ �_ _H of J J W J a Of rrW U Z-- ¢ �OQ W 0 � O O Q O U H J = OJ � Z a a a a a a a a a >j W J W W 0 D �YYQQQQQQQQ��(n�0(n M Y Y O— W 0 OW 0 W a D w w w w w w w w== W U W W �(n(n(n(n(n(nfn(nU` Ur 0 U U~ W W W W W W W W J J Q Q Q Q Q a N N N N N N N N 0 0~ 2 2 M a 0� 5 Fn Fn Fn� 3 U- U 0 0 0 O O 22 U 0 0 0 0 0 0 0 0 0 0 P P P O O — — — — — U U a 2 LL LL Q 0 Q Q W O O n, 0 0 0 W W W W W W W WO 0 << w� cr E w w�� N� m w O w o o o o 0 o o o 0 (O ~ O UJ> Oa Oa OU w w w w w w w w 2 w 0 w LJi LJi -j w ++ � ,o ryN 0 L =0� Y J J E Jry = Q Q0 0>> 00000000 Y O Q O Q p of w O==OOOOOOoo-5 w(yo-, of of of ofo,- of U SQOf00 w 0 H 4) 0 LL U U LL LL LL LL LL LL LL LL LL J Q N L w N Q C EJ y W � f0a r 000cococol�l�til�ti�ocooLr�rn p p N N p o N N 0 0 N N 0 N 0 0 N N 0 N o MM p o N= N N 0 N 0 0 N N co O w I-. --t M M Ln W M M� m ti p li LL = h r In M M -4 -gr -4 RT -q -cr a .4, r r Sourcewell lT #110421 Public Lftility Equipment with Related Accessories & Supplies JJ KO-ne Contact: Dave Persad Seller Name-, The City of Boynton Beach Express Mail Address (No P.O. Boxes): 222 NE 9"' Ave Boynton Beach, I'Ll 33435 Phone: 561-742-6215 Ernail: Date EinailedTo Seller: 7.17.2023 This agreement (this "Agreement"), effective as of July 17'a'2023, is by and among The City of'Boynton Beach (hereinafter called "Seller"), JT Katie E'xchange, LLC ("Exchange"), and J.J. Kane Associates Inc. d/b/a "J.J. Katie Auctioneers,'" ..Ken Porter Auctions" and "First Capitol Auction" ("Associates" and, together with 1.,xchange, hereinafter called "Auctioneer"), acting as agent for Seller. Seller and Auctioneer, intending to be legally bound, hereby agree as follows: 1)'I arm and'rentunation, The term of" this Agreement shall begin on the date hereof and shall continue ........ ... 1 1-------- until terminated by either party hereto, Either party hereto may terminate. this Agreement at any titne upon 60 days' prior writlen notice to the other party. Upon termination of' this Agreernent, Auctioneer shall provide written notice to Seller describing any unsold Auction Items ('defined below) arid, unless otherwise mutually agreed to by the parties hereto, Auctioneer shall be permitted to attempt to sell such Auction Items at auction lor air additional 60 days following the effective date of the termination of this Agreement. At the end of such additional 60 day period, ally Unsold Auction Items will be released to Seller; provided, that Seller shall be required to reimburse Auctioneer for any and all expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning, and other related costs of preparing such unsold Auction Items for sale prior to Auctioneer's release of such Auction Items to Seller. 2) 1 qpgit, a) Seller hereby engages Auctioneer to facilitate the sale at public absolute auction sale Seller's property identified by Seller (the "Auction Item"), excluding ally chemicals, hazardous materials or other environmentally unsafe equipment or materials unless mutually agreed upon in writing by Seller and Auctioneer. i) Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Auction Items that, are offered for sale under this Agreement. The prompt and proper clean-up of any spills, leaks or other releases of petroleum or chemical substances and materials will be performed in accordance with all applicable federal, state arid local laws and regulations. Seller acknowledges and agrees that in the event a spill has occurred, notification by Auctioneer to certain federal, state and/or local agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with ally applicable laws and regulations. All clean-up/proper disposal costs will be billed back to Seller and deducted from Seller's sale proceeds. If said proceeds do not covet, the total cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 mmmm� 42 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies business days of dated invoice. fhe obligations set forth in this Section 2 shall survive the termination or expiration of this Agreement, b) Seller hereby acknowledges and agrees that any auction conducted over the internet via online bidding will be conducted by Exchange and any applicable third party internet auction platform. c) Auctioneer may, in its sole discretion, accept or rc�ject any Auction Items proposed for auction sale by Seller, 3) &ktctioneer Personnel. Auctioneer shall provide all necessary auctioneers, accountants, clerks arid , ,_. . Personnel,. staff required to achieve the efficient and orderly performance of the auction sale contemplated by this Agreement. Auctioneer shall employ qualified personnel to perforin these jobs and shall perform the engagement contemplated by this Agreement in a professional and skilled manner, 4) A: ,5 -Is & Where -Is Auction Sal.es. . ..... .............. a) Auction Items will be offered for sale individually, or in the case of small miscellaneous items sold in lots as determined by Auctioneer. All Auction Items will be sold on an "As -Is Where -Is" basis without any warranties of any kind, expressed or implied, b) Seller agrees to disclose to Auctioneer any known defects or faults Nvith Auction Items prior to listing such Auction Iterns with Auctioneer for sale, c) In the case that a known defect or condition of any Auction Item is not disclosed by Seller to Auctioneer prior to listing, Auctioneers shall have the right, in its sole discretion, to declare such Auction Itern a "No Sale" in which case Seller shall retain possession of such Auction Item and reimburse Auctioneer for any and all costs and expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning and sale preparation of such Auction Iters. d) In accordance with applicable state and federal emissions regulations, Seller shall notify Auctioneer of any alterations of OEM emission systems that have occurred on vehicle or equipment Auction Items (e.g., dpf', def, system deletes or other engine control software or hardware alterations not approved by OETVT). 5) Marketable Title. a) Seller specifically represents and warrants to Auctioneer that Seller is the sole owner of, and has good, valid and marketable title to,, all of the Auction Items to be sold by Auctioneer pUrSL1,,n1t to this Agreenrent, free and clear of any liens, security interests, mortgages, debts or other encumbrances or restrictions of any kind not otherwise disclosed in writing, by Seller. to Auctioneer on or prior to the date of this Agreement. Seller further represents and warrants that, there are no outstanding judgments or liens against Seller and that there are no legal actions, claims or proceedings pending or, to the knowledge of Seller, threatened against or adversely affecting Seller whatsoever which in any way would hinder, prevent or otherwise affect Seller's or Auctioneer's right or ability to sell the Auction Items at auction sale. b) Seller acknowledges and agrees that Auctioneer may elect to conduct LJCC, lieu searches on any Auction Items deemed necessary by Auctioneer, in its sole discretion. Seller shall be responsible for the cost of any such lien searches payable in accordance with Section I I (C) below. c) Seller agrees to deliver, upon Auctioneer's request, any docurnents, certificates, proofs of' ownership or titles that may be required to effectively deliver and convey title to the Auction Iterns sold by Auctioneer pursuant to this Agreement, d) In the case that there is a delay in the new Purchaser receiving a firee and clear title to any vehicle or trailer Auction Iterns sold hereunder, the net proceeds from the sale will be held by Auctioneer until a free and clear title is delivered to the purchaser; provided, that, at the election of' Auctioneer, in its sole discretion, the applicable Auction Item may be withdrawn firorn the auction sale and remain Seller's property. 04469614 15 N 43 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies e) Seller acknowledges and agrees that, although Auctioneer guarantees free and clear title to the purchaser of each Auction Item and Auctioneer will use its commercially reasonable best efforts to obtain and convey such title in accordance with applicable law, Auctioneer shall in no way be responsible for any losses, damages, costs, expenses or lees (including, without limitation, attorneys' fees) arising Out ofor relating to any delay in obtaining and/or conveying free and clear title to the purchaser of any Auction Item sold hereunder. I) Seller acknowledges and agrees that, if requested, Auctioneer may provide the name of Seller to the applicable purchaser of any vehicle Auction Item sold hereunder, g) If Seller is a motor vehicle dealer, Seller's dealer state & dealer number are as follows: (list dealer state & dealer number): . . . ............ ... . ......... It) The obligations set forth in this Section 5 shall survive the termination or expiration of' this Agreement. 6) Mes On -Site, a) Seller agrees to deliver or cause to be delivered to Auctioneer all signed certificates of" title, letters of authorization to sell vehicle Auction Items and any other related paperwork (e.g., a seller - specific bill of sale) no later than 10 days prior to the applicable auction sale. b) In order to comply with applicable motor vehicle rules and to enable new PLITChasers to assume ownership with minimal problems, a letter of authorization oil Seller's letterhead must accompany all certificates of title associated with Auction Items. Set forth below is a sample letter: 7,o Whorn It May Concern: [SELLER NAME] hereby and/or equipment owned conducted on Saturday, Sincerely, [SELLER NA. MEJ I - D AT F" I authorizes J.J. Kane Auctioneers to sell vehicles by� ... .......... ......... . .................... ............ . .......... ...... . .............. . at the auction sale 7) t)gj Lyery Alf.Auction flelils, Unless Seller requests for Auctioneer to arrange for the pick-up and . transportation of any Auction Iterns to the applicable auction site by a third party service provider in accordance with Section I I (b) below, Seller shall deliver or cause to be delivered the Auction Items to the auction sale site no later than ten days prior to the applicable auction sale or to such other location agreed to in writing by Auctioneer. All Auction Iterns shall be delivered to Auctioneer in running condition (except as noted by Seller) with adequate fuel levels and a duplicate set ol'keys. 4 1 1c g., (' q Kg La age. a) Seller shall, at their own expense, maintain and carry in full force and effect appropriate insurance coverage oil the Auction Items being sold hereunder until the (lay of the auction sale. b) Auctioneer and owner of the auction sale site property will not be responsible for any damages to Auction Iterns resulting frorn acts of nature, theft, accident and/or vandalism while such Auction Items are located at the sale site, c) Auctioneer shall be responsible for any loss or damage to Auction fterns due to Auctioneer's willful or negligent acts or omissions. 9) corqmissioll� 044696 14, 15 13 44 Sourcewell R.FP #110421 Public Utility Equipinent with Related Accessories & Supplies a) Seller agrees that Auctioneer will charge the buyer of each Auction Item sold hereunder a base buyer's fee equal to 10% of the gross sale price paid for such Auction Item, subject to increase depending on the applicable (i) sales platform (e.g., live auction or internet only), (ii) type of buyer (on-site or internet) and/or (iii) Auction Item location, which shall not exceed 15% of the gross sales price paid 'for the Auction Item. b) [Seller agrees to pay Auctioneer a Seller's commission equal to 0% of the total gross sale price for sold Auction Items.] c) Seller agrees that, when applicable, Auctioneer may deduct its commission from the gross proceeds ofthe auction sale. 10) NL)p-$a_I' . a) In the event that a successful bidder fails to pay for an Auction Item for which such bidder is designated to be the high bidder, their the applicable Auction Item will be deerned as "Non -Sale," no cornmission will be charged on such Auction Item and Seller will retain ownership of such Auction Item. b) In certain instances Auctioneer inay be required to refund the would-be purchaser of an Auction Item that has been deemed a "Non -Sale." In the event Seller has already received the proceeds for such a "Non -Sale" Auction Item, Auctioneer will be entitled to relict the Auction Item on Seller's behalf. Seller agrees to assist Auctioneer in obtaining all title and registration paperwork necessary to relist the Auction Item (including duplicate title). Auctioneer will not assume ownership of the Auction Item at my time. Seller agrees that Auctioneer shall be entitled to use the proceeds of any auction sale following such a relisting to recover any amounts previously, refunded to the would-be purchaser, together with administrative fees and costs as may be charged or incurred by Auctioneer, 11) Rginliqrsed F wx ses, c) If applicable and pre -approved by Seller, Seller agrees that Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. (1) Advertising: $ ....... (2) Deconinlissioning & Wasliing; $ (3) Repairs� (4) Other: d) If Seller requests for Auctioneer to arrange for the pickup and transportation of Auction Items by a third party service provider, Auctioneer will invoice Seller a transportation fee equal to the cost of pickup and transportation plus 10%. e) If Auctioneer elects to conduct, UCC lien searches on any Auction Items, Auction will be entitled to deduct the cost, of such lien searches frorn the gross proceeds of 1he auction sale or, if no sale occurs, invoice Seller, for such cost. 12) taygigit, a) Auctioneer will charge and collect from the purchaser the purchase price for the Auction Items sold at the auction sale, together with all applicable taxes. Auctioneer will collect payment in full from the purchaser prior to the removal of any Auction Items frorn the auction site. Seller shall be responsible for the payment ofall income taxes resulting from or payable in connection with the sale of the Auction Items hereunder. b) Within 14 business days following the auction sale, Auctioneer shall to remit to Seller the net proceeds frorn the Auction Items sold at auction, less Auctioneer's applicable commission as outlined in Section 9 above and any expenses as outlined in Section I I above, together with a written report listing all Auction Items sold by Auctioneer and proof of payment for expenses. Payment shall be made by Auctioneer viaelectronic transfer or by as check made payable to 04469614.15 4 45 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies Seller, Any proceeds check will be made payable to Seller and mailed to the same name and address of Seller set forth oil the first page of this Agreement unless otherwise directed in writing by Seller. 13) Absolute Unreserved Auction Sales. a) Seller understands that Auctioneer conducts absolute unreserved public auction sales where each Auction Item is sold to the highest bidder regardless of price. b) Furthermore, Seller understands/agrees that it is illegal for Seller or any agent thereof to bid on and/or buy-back any Auction Items owned by Seller. c) If Seller or any agent of Seller attempts to bid on and/or buy back any of the Auction Iterns, Auctioneer will, at Auctioneer's discretion, choose one of the following actions: (1) Pass the Auction Item currently being offered for sale along with all other Auction Items, (2) Sell the Auction Item to the Iasi "Good Faith" bidder before Seller or its agent began bidding on such Auction Item, d) Seller shall reimburse Auctioneer for any lost revenue, including seller's commission, buyer's fee and/or any pre -approved reimburse(] expenses in the event of a "Buy Back". 14) Adyertised Auction Items. At Auctioneer's discretion, in the event that Seller retnoves any advertised Auction Item from the auction sale, Seller agrees to pay Auctioneer a handling fee of $500.00 for each such Auction Item that is removed frorn the sale. 15) Breach of ("ontract, In the event that Seller breaches any covenant or makes any misrepresentation in this Agreement, Seller agrees to indemnify, defend and hold Auctioneer harmless from any and all costs, expenses, damages and liabilities arising out of or relating to such breach or misrepresentation, including, without limitation, attorneys' fees and other costs incurred by Auctioneer in any action or proceeding arising out of or relating to such breach or misrepresentation, The obligations set forth in this Section 15 shall survive the termination or expiration oft ris Agreement. 16) Ind empifleation, Seller hereby agrees tc> indemnify, defend and field Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives, (collectively, "Indemnified Persons") harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys' fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to: (a) Seller's ownership and maintenance (or lack thereof) of the Auction Items, (b) the condition of the AUCtiO11 Items at tirne of auction, (c) the applicable purchaser's use of' the Auction Items and/or any property damage or bodily injury arising therefrom, (d) any title defects or delays in delivering free and clear title to the Auction Items, (e) any breach of this Agreement by Seller, (f) any violations of applicable state and federal laws, including, without limitation, state and federal ernissions laws and regulations, or (g) the enforcement of this indemnity by Auctioneer. The obligations set forth in this Section 1(5 shall survive the termination or expiration of this Agreement. 17) Dntir!,&l mentill a) This Agreement contains the entire agreennent between the parties and there are no other terms, obligations or representations, written or oral, other than those contained in this Agreement. This Agreement may be modified only by a farther writing that is duly executed by both pal -ties. b) Headings used in this Agreement are provided for convenience only and shall not be used to construe Meaning or intent. 04469614,15 5 M Sourcewell RFP #110421 Public Utility Equipment, with Related Accessories & Supplies 18) !,An�t.Qcrricks .... and Aerial Devices. . . . ............ a) Section 18(b) below shall apply to digger derricks and the following vehicle -mounted aerial devices (hereinafter referred to as an "aerial device") sold as Auction Items hereunder: (1) Extensible boom aerial devices; (2) Aerial ladders; (3) Articulating boom aerial devices; (4) Vertical towers; and (5) A vehicle or other combination of any of the above, which vehicle may be a truck, a trailer, or an all -terrain vehicle. b) Seller acknowledges and agrees that it shall be the sole and exclusive responsibility of'Seller to provide Auctioneer with, and Seller shall provide to Auctioneer, all of the operations, maintenance and manufacturer's manual(s) (collectively, "Manuals") for each digger derrick or aerial device to be auctioned by Auctioneer hereunder and that such responsibility shall continue in perpetuity notwithstanding Auctioneer's auction of the corresponding digger derrick or aerial device for Seller. In the event Seller does not provide all Manuals for each digger derrick or aerial device to Auctioneer-, Auctioneer shall, in its own discretion, refuse to auction the associated digger derrick or aerial device until such time as the Manuals have been provided by Seller to Auctioneer, Auctioneer may notify Seller of the name and location of the successful purchaser of a digger derrick or aerial device within a reasonable time following completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A92.2-2009 (including, Without limitation, Section 8,7 thereof) and A] 0-31 in full, including, without limitation, section 8.7 thereof. Seller hereby acknowledges and agrees Haat, failure by Seller to provide all Manuals for any digger derrick or aerial device sold at public auction hereunder shall be deemed a breach of Section 15 above for which Auctioneer shall be entitled to indemnification pursuant to Section 16 above, MMMZN� [Signature Page Follows] M 47 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. Revised: 11/04/2020 0446461415 ER- (SAcr Name) Sign: Name. -I' Title: "0,, ASSOCIATES: J.J. Kape A Y: ssociates_Kant ,, Inc, dba J.J.Auctioneers B Name: 'r Martini Title: Account Manager J.J. Kane Exchange, LLC By: (A Name: Tit] 48 6.13 Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Approve the disposal of obsolete/expired items including hurricane and COVID related stock to be disposed of via online auction or destruction. Requested Action: Approve the disposal of obsolete/expired items including hurricane and COVID related stock to be disposed of via online auction or destruction at a cost of $38,543.90. Explanation of Request: The City's Warehouse maintains in stock various products to be used for departments. The Warehouse also keeps in stock products related to pandemic type events such as COVID-19, and in the event of a Hurricane on an as needed basis. Some of these items are no longer necessary or have passed their life cycle. As such, the Warehouse is seeking to dispose of them via online auction or destruction. Items past their life cycle will be destroyed, while the remaining items will be set up for online auction on GovDeals. It has been determined that the need for most of the products listed are no longer necessary and will no longer be stocked. Some of the items will be replaced with new products, such as the generators. How will this affect city programs or services? This will remove obsolete product from the City's inventory and allow for new product to be purchased for items that have reached their expiration date. Fiscal Impact: $38,543.90 Attachments: Agenda Item 1565-2023 Resolution for disposal of products.docx Exhibit A to Resolution - Obsolete and Expired Stock.xlsx 49 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. R A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE DISPOSAL OF OBSOLETE AND/OR EXPIRED ITEMS, INCLUDING HURRICANE AND COVID RELATED STOCK, TO BE DISPOSED OF VIA ONLINE AUCTION OR DESTRUCTION; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, the City's Warehouse maintains in stock various products to be used for departments. The Warehouse also keeps in stock products related to pandemic -type events such as COVID-19 and in the event of a Hurricane on an as -needed basis; and WHEREAS, some of these items are no longer necessary or have past their life cycle. As such, the Warehouse is seeking to dispose of the items either via online auction or destruction. Items past their life cycle will be up for destruction, while the remaining items will be set up for online auction on GovDeals; and WHEREAS, it has been determined that the need for most of the products listed are no longer necessary and will no longer be stocked. Some of the items will be replaced with new products, such as generators; and WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve the disposal of obsolete and/or expired items, including hurricane and COVID-related stock, to be disposed of via online auction or destruction. 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. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve the disposal of obsolete and/or expired items, including hurricane and COVID-related stock, to be disposed of via online auction or destruction, as further listed and described in "Exhibit A," attached hereto. SECTION 3. This Resolution shall take effect in accordance with law. 50 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 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 51 CD U O V) N M r O 0 0 O` c O1:3- 0 0 0 0 0 0 0 CN 00 M O Ln N 0 0 0 � �O O I- 0 00 0 0 Ln (> M 0 0 0 0 0 00 - O O Ln O O M O` O 00 r 00 'j- 10 Ln M N Ln M �O O Olz:l- 10 =' -::r N 171- n Ln Lo M N N Ln I- O` M M M M Ln Ln = M N I- O O N 'O 1- O N Ln = 'O M N N N b4 b4 b4 b4 b4 O Ln O Ln N b4t C 0 r- O` r- O 00 Ln 119- 1.13 lb� b9 b4 b4 N 3 N b4 b4 M b4 Ln r N O fA b4 b4 64 fro b4 {f} b4 b4 b4 b4 M 0 -kn ,O - O I- O 00 M Ol M M O` M O M 0 0 0 0 0 O I- Mt:l- r- r- O M Ln N O` Ln O I- O � CN Ln N M 00 Ln - Ln O O O O 00 00 O> M = N Ln M O ON 00 O` Ln 00 D` N �C O O �C Ln O` " O O �O �O zl- Ln O n N Cl O Ln M 00 U fr<} 64 - N r- bc} - ff} {f} N i q I- N 64 N N CN CN - O -b } O - - - Ln N N �, b4 64 N 64 �O b4 64 64 6o4 64 b4 b4 b4 b4 b4 64 -� 64 fro 6q ff} ff} M M N O- O M M T O` 00 Olzt 0 0 Cl -� M� CD ':t- O" 0 � 0 0 CO Ln CN � 00 Ln O N OO M O O }. O` M Ln CO O d _N 41 N C co L � N o „ Om } NO Q •v _ m c L p N c N 0 O- .� 0 C 0 0 L O N C � N cn i } O O O 0 0 m N v) L cQ U N O LL. L L .N N CM I— m m (DV) U cv O ca ca m U Q Ly- � m 3: 2 C7 C7 i O E m �O I- O N M Ln �O I- w D Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O p O O O O O O O O O O O O E Ln Ln Ln Ln Ln L2') Ln Ln Ln Ln Ln Ln O O O O O O O O O O O O O U O O O O O O O O O O O O Ln O O` O - N N N N M Cl) Cl) O O O O O O O O O O O O O O O O O O O O O O O O Ln Ln Ln Ln Lf) L2') O O O O O O O O O O O O M O O - CV M LO O M M M zt lzt lzt � Ln � 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O 4 4 4 4 4 4 IL M O O - - - mtM M M O O O O O O O O O O L) Ln Ln Ln Ln Ln O O IL IL 0 0 0 0 0 0 0= 0 0 O O O O O O N 10 OO OO N LO 6.0 Consent Agenda 06/18/2024 Solid Waste Division Accounts Receivable Write Off Request. Requested Action: Authorize the Finance Department to reduce the allowance for uncollectible accounts and the accounts receivable accounts for the Solid Waste Division by $72,830.50. This amount consists of unpaid Solid Waste Charges incurred during FY2015 to FY 2020. Explanation of Request: Section 95.11, Florida Statutes, provides that the City has four (4) years to collect an outstanding debt. The write-offs requested meet the 4 -year threshold. It has been determined that these accounts are unlikely to be collected at this point, and the appropriate action is to write them off completely. The City has exhausted all attempts to collect these past -due amounts. The City establishes an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. The requested write-off approval will not impact the City's financial statements. The write-off is a financial process that does not erase an individual's or business's debt. It is important to note that the City will still collect any written -off debt that is possible. Additionally, although the amounts have been written off, the customer will have to bring their accounts into good standing if they wish to do business with the City in the future. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: This amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. Attachments: FY2024 PW - Solid Waste Write Off.pdf 53 Public Works Department Solid Waste Division Write Off by Year Year Amount FY2015 $ 34.85 FY2016 $ 20.00 FY2017 $ 6,168.74 FY2018 $ 38,028.89 FY2019 $ 14,388.28 FY2020 $ 14,189.74 Total $ 72,830.50 54 6.D Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Police Accounts Receivable Write Off Request FY 2018-2019. Requested Action: Approve and authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for the Police Department by $39,386.35. This amount consists of unpaid Police detail charges and other adjustments. The write-off period is defined as FY2018 to FY 2019. Explanation of Request: Section 95.11, Florida Statutes, provides that the City has four (4) years to collect an outstanding debt. The write-off requested meets the 4 -year threshold. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City to collect these past due amounts have been exhausted. The City established an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write-off approval will have no impact on the City's financial statements. The write-off is a financial process and does not erase the debt of an individual or business. It is important to note; that the City will still collect any written -off debt that is possible. Additionally, although the amounts have been written off, the customer will have to bring their accounts into good standing if they wish to do business with the City in the future. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: This amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. Attachments: Account Writeoff by Years.pdf 55 2100 High Ridge Road Boynton Beach Fl. 33426 A-% 56 561.742.6100 (0 561.738.6158 (D www.bbpd.org 6.E Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Schoolhouse Children's Museum Second Quarter Report FY24-25. Requested Action: Accept FY23-24 second quarter report on operations of the Schoolhouse Children's Museum. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum (Boynton Cultural Centre, Inc.), the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. How will this affect city programs or services? None Fiscal Impact: N/A Attachments: Report Q2- FY '23-'24.docx 57 Schoolhouse 1 Children's Museum Quarterly Report FY '23/'24 2nd Quarter General Operations Museum visitation increased 1.5% and Membership sales decreased 1.5% over the same period last fiscal year. Demand for Birthday Parties and classes remained consistent. Conducting classes and parties, however, were hindered by the inability to use the classroom for a period of time. This challenge has been overcome with specific modifications to the room layout. These modifications reduced the usable square footage resulting in a reduction of capacity which may affect future income generation. Operational format no longer includes two play sessions, however, reservations continue to be strongly suggested, particularly in the morning, when the Museum is typically busiest. Revenue Gross Revenue for the second quarter of '23/'24 was 4.2% higher than the same period the previous year. This increase was primarily related to the receipt of two grants from private foundations in support of Museum Programming. These funds will be expended over the course of the fiscal year. Excluding the City's support, income from operations, including fundraising for FY'23/'24— Q2 was $159,759 vs. $153,206 FY '22/23 — Q2. Expenses Overall Expenses for the second quarter of '23/24 were 13.19% higher than the same period last year. This increase was due to several line items including staffing, supplies, exhibit maintenance and the production of Museum Family Fun Day. Expenses for FY '23/'24 — Q2 were $197,089 vs. $174,115 in FY'22/'23 — Q2. Programming Attendance in Museum programming for the 2nd quarter was limited due to the temporary inability to use the classroom. Respectfully submitted, Sufa4ine,- Roi-k Executive Director 58 6.F Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-121- Approve and authorize the Mayor to execute the First Amendment to the Lease Agreement between the most reverend Gerald M. Barbarito, DD J.C.L., as Bishop of the Diocese of Palm Beach County, his successors in office and assigns forever, a corporation sole and the City of Boynton Beach, extending the current lease until December 31, 2025, and authorizing the City Manager to execute a Task Order for engineering and permitting services in an amount not to exceed $100,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-121. Explanation of Request: On May 19, 1992, the City Commission approved resolution R92-083 authorizing and directing the City Manager and City Attorney to negotiate a Lease Agreement between the City of Boynton Beach and the Diocese of Palm Beach for the Mangrove property adjacent to St. Marks Church. Staff recommends extending the lease to allow the City of Boynton Beach to surrender the said property in substantially similar condition and repair as received, excepting ordinary wear and tear. This item further authorizes the City Manager to execute a Task Order with one of the City's General Engineering Services contractors in an amount not to exceed $100,000, which will enable the City to complete the work engineering and permitting work contemplated in the amendment. How will this affect city programs or services? There will be no affect to City programs or services. The park is currently closed. Fiscal Impact: Per the lease agreement rent of $10.00 per year is paid to the Diocese on July 1 st. The City will incur costs in an estimated amount of $100,000 to complete the engineering and permitting work required by the amendment. 59 Attachments: R24-121 Age nda_Item_1580-2023_Resolution_for_Diocese_of_PBC_Lease_Amd_6-10- 24.docx Exhibit A to Resolution - Lease Amendment.pdf R92-83. pdf 60 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 RESOLUTION NO. R24-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A LEASE AMENDMENT TO THE LEASE BETWEEN THE MOST REVEREND GERALD M. BARBARITO, D.D., J.C.L., AS BISHOP OF THE DIOCESE OF PALM BEACH COUNTY, HIS SUCCESSORS IN OFFICE AND ASSIGNS FOREVER, A CORPORATION SOLE, AND THE CITY OF BOYNTON BEACH EXTENDING THE CURRENT LEASE UNTIL DECEMBER 31, 2025; AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH ONE OF THE CITY'S GENERAL ENGINEERING CONSULTANTS IN AN AMOUNT NO TO EXCEED $100,000 FOR COMPLETION OF THE ENGINEERING AND PERMITTING SERVICES AS CONTEMPLATED IN THE AMENDMENT; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, the Most Reverend Gerald M. Barbarito, D.D., J.C.L., as Bishop of the Diocese of Palm Beach County, His Successors in Office and Assigns Forever ("Landlord"), and the City of Boynton Beach ("Tenant"), entered into a Lease Agreement on June 26, 1992, for a term beginning on July 1, 1992, and terminating on June 30, 2019, for the purpose of creating a passive park for use by the public, approved by Resolution No. R92-83 on May 19, 1992; and WHEREAS, since July 1, 2019, the Lease Agreement has continued month to month until the date of this Amendment; and WHEREAS, Landlord and Tenant wish to amend the Lease Agreement to extend its term until December 31, 2025, to allow Tenant time to restore the premises and to surrender it to Landlord in substantially similar condition and repair as received, excepting ordinary wear and tear; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve a Lease Amendment to the Lease between the Most Reverend Gerald M. Barbarito, D.D., J.C.L., as Bishop of the Diocese of Palm Beach County, His Successors in Office and Assigns Forever, a Corporation Sole, and the City of Boynton Beach extending the current Lease until December 31, 2025. Further, the City Commission desires to approve an expenditure not to exceed $100,000 to complete the engineering and permitting work required by the Lease Amendment. 61 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT: 37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption. 39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve a Lease Amendment, between the Most Reverend Gerald M. Barbarito, D.D., J.C.L., as 41 Bishop of the Diocese of Palm Beach County, His Successors in Office and Assigns Forever, a 42 Corporation Sole and the City extending the current Lease until December 31, 2025 (the 43 "Amendment"), in form and substance similar to that attached as "Exhibit A". 44 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 45 authorizes the Mayor to execute the Amendment and such other related documents as may be 46 necessary to accomplish the purpose of this Resolution. 47 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 48 authorizes the City Manager to execute a Task Order with one of the City's General Engineering 49 Consultants in an amount not to exceed $100,000 for engineering, permitting and such other 50 services as contemplated in the Amendment. 51 SECTION 5. One fully -executed original of the Amendment shall be retained by the City 52 Clerk as a public record of the City. A copy of the fully -executed Amendment shall be provided 53 to Gail Mootz to forward to the Landlord. 54 SECTION 6. This Resolution shall take effect in accordance with law. 55 56 57 58 59 60 61 [signatures on following page] 62 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 63 LEASE AMENDMENT This LEASE AMENDMENT (hereinafter referred to as "Amendment") entered into this day of _w, 20 , by and between THE MOST REVERAND GERALD M. BARBARITO, D.D., J.C.L., AS BISHOP OF THE DIOCESE OF PALM BEACH, HIS SUCCESSORS IN OFFICE AND ASSIGNS FOREVER, A CORORATION SOLE, hereinafter referred to as the "Landlord" and the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "Tenant" (each a "Party" and collectively the "Parties"). WITNESSETH: WHEREAS, Landlord and Tenant entered into a Lease Agreement on June 26, 1992, for a term beginning on July 1, 1992, and terminating on June 30, 2019, for the purpose of creating a passive park for use by the public, a copy of said Lease Agreement is attached hereto as Exhibit "A"• and WHEREAS, since July 1, 2019, the Lease Agreement has continued month to month until the date of this Amendment; and WHEREAS, Landlord and Tenant wish to amend the Lease Agreement to extend its term until December 31, 2025, to allow Tenant time to restore the premises and to surrender it to Landlord in substantially similar condition and repair as received, excepting ordinary wear and tear; and WHEREAS, all recitals, terms and conditions of that certain Lease Agreement shall be incorporated herein by reference; and except as modified herein, shall remain in full force and effect. NOW, THEREFORE, in consideration of the covenants herein contained by reference, on the part of Tenant to be kept and performed, the parties hereby agree to amend the Lease Agreement as follows: Section 1. The above recitations are true and correct and incorporated herein. Section 2. The Lease Agreement is hereby extended until midnight on December 31, 2025. The Agreement may be extended for six (6) months upon written consent of both parties and written proof that the Tenant is acting in good faith in applying for permits or performing the planned removal work, if necessary to complete the restoration of the Premises as contemplated herein. The City Manager has the authority to execute any extensions on behalf of Tenant. Section 3. Section 10 of the Lease Agreement is hereby amended by adding a new section 10(f) to state: 64 10 (f). Nothing herein shall be construed or interpreted as a waiver of Tenant's sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. Sectionw4, Tenant agrees, consistent with section 17 of the Lease Agreement, to remove at Tenant's sole cost and expense a boardwalk, pilings, restrooms and any other fixtures, improvements or equipment (collectively "personal property") installed by Tenant on the Leased Premises unless: (1) Landlord directs, within thirty (30) days after being advised of the personal property's or any portion of the personal property's scheduled removal, that it wishes to take ownership of the personal property (or any portion thereof). In such event, the personal property (or portion thereof) shall remain and shall become the property of Landlord, and Tenant shall have no further responsibility for the personal property (or portion thereof), or (2) A state or federal regulatory agency (e.g., the Florida Department of Environmental Protection, the Army Corp of Engineers, etc.) advises the Parties in writing that any portion of the personal property shall not be removed ("Agency Determination"). Tenant shall notify Landlord of any Agency Determination so that Landlord may legally challenge, including any available appeals, the Agency Determination. In the event that Landlord is successful in challenging the Agency Determination, then Tenant shall be liable for Landlord's attorney's fees and/or costs up to $5,000.00. Landlord shall submit invoices detailing the attorney's fee and costs, and Tenant shall pay same within thirty (30) days of submission after review and approval by the City of Boynton Beach's City Attorney. Both parties agree that the Agency Determination, after exhaustion of available appeals if any, shall be final, and the parties agree to be bound by the Agency Determination. Section 5,. Landlord agrees to assist Tenant as necessary in applying for any local, state, and federal permits to remove the personal property as required, from the mangroves or other areas on the Premises. Landlord will either jointly apply for the permits with Tenant, provide a blanket authorization letter to enable Tenant to apply for permits on its behalf, or designate a representative to execute each permit as required within ten (10) days after Tenant's request to Landlord. Tenant agrees to pay for all permit applications and shall, at least ten (10) working days prior to submittal to the appropriate agency, provide Landlord with a copy of the relevant permit application. Landlord, through its representative or consultant engineer, shall provide any proposed changes to the application within five (5) days of receipt of the application from Tenant. The Parties agree to work collaboratively and in good faith in finalizing any application(s) to submit to the appropriate agency. Section 6. Section 23 of the Lease Agreement is hereby amended by adding a new subsection (n) to state: 2 65 23 (n). The venue for any action to construe, or arising out of, the Lease Agreement or this Amendment shall be exclusively in Palm Beach County, Florida. Section 7, In exchange for strict compliance with the terms of this First Amendment, each Party waives any claims or disputes against the other with respect to any of the matters covered by the Agreement. However, in the event of a material breach of this First Amendment, then the waiver is void. Section 8. Except as modified herein, all recitals, terms and conditions of that certain Lease Agreement shall remain in full force and effect. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the parties unto this Amendment have set their hands and seals on the day and date first written above. ATTEST: BY: Maylee DeJesus ................._..__......_.. City Clerk Witness ._w...........................�.......___....��_�wwwwww_��......... Print/Type Witness Name Witness Print/Type Witness Name APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Shawna Lamb __._____..__�.._............... City Attorney DATE: J Print/Type itness Name Witness __............_ Print/Type Witness Name 4 TENANT CITY OF BOYNTON BEACH: LAN BY: Ty Penserga Mayor 67 RESOLUTION NO. R9293 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A LEASE AGREEMENT BETWEEN THE, CITY OF BOYNTON BEACH AND THE DIOCESE OF PALM BEACH FOR THE MANGROVE PROPERTY ADJACENT TO ST. MARKS CHURCH; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT FOR THE MANGROVE PROPERTY ONCE THE SAME IS FINALIZED; AND PRbvIDING:AN'EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City to execute a Lease Agreement •with the Diocese of Palm Beach, for the mangrove property adjacent to St. Mark's Church. NOW, THEREFORE, BE IT RESOLVED By THE CITY COMMISSION OF THE ITY OF BO NTON 'BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton 3eachy Florida authorizes and directs the City Manager and City. kttorney, to negotiate a Lease Agreement with the Diocese of Palm 3each for the mangrove property adjacent to St. Mark's Church in iowntown Boynton 'Beach. Section 2. Authorizing the Mayor and City Clerk to ,xecute the Lease Agreement for the mangrove property once the ;ame is finalized. Section 2. This Resolution shall become effective iiatey upon passage. PASSED AND ADOPT= this 19 day of May, 1992. CITY OF BOYNTON BEACH, FLORIDA ATTEST: i1city Cl (Corporate Seal) Mangrove.Res 5014/92 68 LEASE THIS LEASE, made and entered into this A& V day of 492*_A4oW 1992, by and between J. KEITH SYMONS, AS BISHOP OF THE DIOCESE OF PALM BEACH, HIS SUCCESSORS IN OFFICE AND ASSIGNS FOREVER, A CORPORATION SOLE, hereinafter referred to as the "Landlord", and the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of Florida, hereinafter referred to as the "Tenant". WITNESSETH: 1. The Landlord does hereby lease and demise unto the said Tenant the following described property, lying and being in Palm Beach County, Florida, to -wit: See Legal Description attached hereto and made a part hereof as Exhibit ffAO, hereinafter referred to as the "Leased Premises", "Demised Premises" or "Premises". 2. The term of this Lease shall begin July 1, 1992, and shall terminate on June 30, — 2019. Tenant may not take possession until such time as Tenant procures the liability insurance hereinafter provided for. 3. Tenant agrees to pay and Landlord agrees to accept a rental Ten and No/100 Dollars ($10-00) per year, payable in advance, commencing on July 1, 1992, and on a like day of each year thereafter, and shall be payable to THE DIOCESE OF PALM BEACH. Tenant shall also pay, with each installment, all applicable tax thereon. The covenant to pay rent shall be an independent covenant. 4. In order to insure the Landlord's opportunity for obtaining an tax exemption, the Tenant agrees to notify the Landlord on or before November loth (or whatever date, from time to time, is fifty (50) days preceding the date for the determination of a tax exempt use for the following year) of the year if Tenant will be unable to begin activities, on the Leased Premises, which would make the property tax exempt prior to January 1st (or such other date as may be set by law from time to 69 time for determining tax exempt status) of each year. Upon such notification, the Landlord shall then have the option of terminating this Lease. In the event the Lease is so terminated, a pro -rata amount of the rental will be refunded to the Tenant, as of the date of termination. 5. Tenant may not assign this Lease nor sublease any part or all of the Leased Premises without the written consent of the Landlord, which consent may be unreasonably and arbitrarily withheld. 6. Tenant hereby agrees to cooperate with Landlord in Landlord's attempt to obtain a tax exemption on the Leased Premises. Tenant agrees to execute Affidavits as to the status of the tax exempt activities. Tenant further agrees to attend the tax exemption hearing with the Landlord, upon Landlord's request. In the event the activities of the Tenant cause the property to lose its tax exempt status, then Tenant shall pay the entire amount of taxes levied on the Premises and upon Landlord's adjoining property if it too is placed on the tax roll as a result of Tenant's activities or inaction. 7. Tenant hereby agrees and covenants as follows: (a) To use the Leased Premises only for passive park purposes as further described in Paragraph 34 and not to use the Leased Premises for any illegal purpose. (b) To comply with all governmental laws and ordinances regarding the park activities. (c) To not excavate or remove or permit to be excavated or removed any soil or rock from the leased Premises except as shown on plans previously approved by Landlord. (d) To peacefully vacate the property at the termination of the Lease and to leave such improvements intact as Landlord may select. (e) To protect the lands against trespass insofar as Tenant is reasonably able to do so. -2- 70 (f) To not allow any mechanics' liens to be filed against the property and if any are so filed as a result of Tenant's actions, Tenant agrees to promptly discharge the same. 8. Landlord or its agents shall have the right to enter onto the property at any reasonable time to view the premises. Landlord shall, however, exercise this right in such a way as not to unreasonably interfere with the operations of Tenant. 9. Insurance - General (a) All insurance called for under this lease shall be written by companies with not less than an A rating by Alfred M. Best and Company. The insurance company must be qualified to do business in Florida. (b) The insurance coverage must be provided prior to Tenant's taking possession of the Premises or the beginning of the lease term whichever event is earlier. (c) Each policy shall name the Landlord as a named insured under the policy, shall contain a waiver of the right of subrogation against Landlord, shall have a maximum deductible of One Thousand ($1,000-00), shall provide a minimum of thirty (30) days advance notice be given to Landlord before the policy can be cancelled or amended and shall provide that Landlord be given not less than thirty days notice if the policy will not be renewed. (d) The form of the policies must be satisfactory to Landlord. The Tenant shall comply with all the regulations imposed by the insurance company. (e) Originals of the policies together with proof of payment of the premiums therefor shall be delivered initially ten days prior to the Tenant's occupancy or the commencement of the lease term, whichever is the earlier event. Thereafter these documents shall be delivered to Landlord thirty days prior to the expiration of any existing policy. (f) Any notices to be given under the provision of the Insurance - General section must be given to Landlord by properly addressed certified or registered mail, postage prepaid. (g) If Tenant fails to provide the insurance called for under this lease in a timely fashion, Landlord may, at W= 71 Landlord's option, obtain the required insurance and any sums expended in this respect shall be immediately due and payable as additional rent and shall bear interest at the highest rate permissible under the laws of Florida. (h) Failure to timely deliver the insurance required hereunder shall be deemed to be an event of default. (i) All policies shall be written as primary, and not contributing with or in excess of the coverage which Landlord as named insureds, their agents, servants and employees may carry. (j) Landlord shall not be responsible or liable to Tenant for any loss or damage caused by the acts or omissions of any persons occupying any space adjacent to or adjoining the Premises. (k) Landlord shall not be required to give notice of accidents or claims. (1) Landlord shall not be liable for any premiums due for insurance. 10. (a) As used herein and in Section 9 and Section 11, "Claims" means any claims, suits, proceedings, actions, causes of action, responsibility, liability, demands, judgments, and executions. (b) Tenant hereby indemnifies and agrees to save harmless Landlord, and any Mortgagee, from and against all Claims, which either (i) arise from or are in connection with the possession, use, occupation, management, repair, maintenance or control of the Premises or any portion thereof; (ii) arise from or are in connection with any act or commission of Tenant or Tenant's Agents; (iii) result from any default, breach, violation or non-performance of this Lease or any provision of this Lease by Tenant; or (iv) result in injury to person or property or loss of life sustained on the Demised Premises. (c) Tenant shall defend any Claims against Landlord, any Mortgagee with respect to the foregoing or in which they may be impleaded. Tenant shall pay, satisfy and discharge any -4- 72 judgments, orders and decrees which may be recovered against Landlord, or any Mortgagee, in connection with the foregoing. (d) TENANT WAIVES ALL RIGHTS TO RECOVER FROM LANDLORD FOR ANY DAMAGES CAUSED BY NEGLIGENCE OF LANDLORD, ITS AGENTS OR EMPLOYEES. (e) The Tenant shall provide a contractual liability endorsement to Tenant's liability insurance. 11. (a) Tenant shall provide and maintain a comprehensive, all-risk, policy of liability insurance with respect to the Premises. The liability insurance policy shall protect Landlord, Tenant and any designee of Landlord against any liability which arises from any occurrence on or about the Premises or any appurtenance of the Premises, the sidewalks and alleyways adjacent thereto or which arises from any of the Claims indicated in Section 10 against which Tenant is required to indemnify Landlord. (b) The coverage limits of the policy shall be at least $3,000,000.00 with respect to any one person, at least $3,000,000-00 with respect to any one accident, and at least $100,000.00 with respect to property damage. (c) If it becomes customary for a significant number of tenants in the area to be required to provide liability insurance policies to their landlords with coverage limits higher than the foregoing limits, within thirty days after Landlord's request therefor Tenant shall provide Landlord with an insurance policy whose limits are not less than the then customary limits. The foregoing requirement shall be applicable only once during each five years during the Term. 12. In the event that the entire Premises shall be taken under any condemnation or eminent domain proceedings or by private purchase under threat of condemnation during the term hereof, or in the event any portion of the Property shall be taken in any such proceedings and the remaining portion shall not be suitable or adequate for the uses and purposes for which the Property is being utilized by Tenant, then, and in any such -5- 73 event, this lease shall terminate on the date of such taking, and any rental payment paid in advance shall be apportioned and promptly refunded to Tenant. If a portion of the Property shall be taken under any condemnation or eminent domain proceedings or by private purchase under threat of condemnation during the term hereof, and the remaining portion of the Property not taken or condemned shall be suitable and adequate for the uses and purposes of Tenant, permitted by this lease, then, in such event, this agreement shall be and remain unaffected by such condemnation or eminent domain proceedings as to such remaining property unaffected by such proceeding, except that, effective as of the date of such taking, the rental shall be diminished by an amount representing the part of the rental applicable to that portion, if any, of the Property which is so condemned or taken. All compensation awarded or paid upon a total or partial taking of the Property, including the value of the leasehold estate created hereby, shall belong to and be the property of Landlord' without any participation by Tenant; provided, however, that nothing contained herein shall be construed to preclude Tenant, at Tenant's sole cost and expense, from independently prosecuting any claim directly against the condemning authority for loss of business, and/or depreciation to, damage to, and/or cost of removal of and/or for the value of stock and/or trade fixtures, furniture and other personal property belonging to Tenant; provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award or other awards of any and all grounds and underlying landlords or mortgagees. 13. Tenant represents warrants and covenants that Tenant has not used nor will it use Hazardous Materials (as defined hereinafter) on, from, or affecting the Leased Premises in any manner which violates federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials, and that, to the Cr -C 74 best of Tenant's knowledge, no prior owner of the Leased Premises or any Tenant, Subtenant, prior Tenant or prior Subtenant have used Hazardous Materials on, from or affecting the Leased Premises in any manner which violates federal, state or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials. Tenant shall keep or cause the Leased Premises to be kept free of Hazardous Materials. Without limiting the foregoing, Tenant shall not cause or permit the Leased Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable federal, state and local laws or regulations, nor shall Tenant cause or permit, as a result of any intentional or unintentional act or omission on the part of Tenant or Subtenant, a release of Hazardous materials onto the Leased Premises or onto any other property. Tenant shall comply with and ensure compliance by any Subtenants with all applicable federal, state and local laws, ordinances, rules and regulations, whenever and by whomever triggered, and shall obtain and comply with, and ensure that any Subtenants obtain and comply with, any and all approvals, registrations or permits required thereunder. Tenant shall (a) conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials, on, from, or affecting the Leased Premises (i) in ordinances, rules, regulations, and policies, (ii) to the satisfaction of Landlord, and (iii) in accordance with the orders and directives of all federal, state, and local governmental authorities, and (b) defend, indemnify, and hold harmless Landlord, its employees, agents, officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (i) the presence, disposal, -7- 75 release, or threatened release of any Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise; (ii) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials, and/or (iv) any violation of laws, orders, regulations requirements, or demands of government authorities, or any policies or requirements of Landlord, which are based upon or in any way related to such Hazardous Materials including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. At the end of the term of this Lease, Tenant shall deliver the Lease Premises to Landlord free of any and all Hazardous Materials so that the condition of the Leased Premises shall conform with all applicable federal, state and local laws, ordinances, rules or regulations affecting the Leased Premises. For purposes of this Paragraph 13, OHazardous Materials~ includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, corrosive or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability act of 1980, as amended (42 U.S.0 Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.S. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601 et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, state or local environmental law, ordinance, rule, or regulation. The provisions of this Paragraph 13 shall be in addition to any and all other obligations and liabilities Tenant may have to Landlord at common law, and shall survive the transactions contemplated herein. 14. Tenant covenants and agrees that it will utilize the Leased Premises in a careful, safe and proper manner and will -8- 76 comply, at its expense, with all laws, ordinances, regulations and orders of proper public officers insofar as such matters affect the use and maintenance thereof, provided, however, that the Tenant may (but shall not be obligated to) in its own or Landlord's name, in good faith, contest any such order, regulation, ordinance or law, and during the period of such contest Tenant shall not be deemed to be in default hereunder so long as Landlord shall be held harmless from any loss, expense, or penalty resulting therefrom. 15. At the expiration of this lease, Tenant agrees to deliver up and surrender to Landlord the possession of the leased premises in as good condition and repair as received, excepting ordinary wear and tear. 16. If Tenant shall remain in possession of all or any part of the Leased premises after the expiration of this Lease, the Tenant shall be deemed a Tenant from month to month at a rental fee of double the then reasonable market value monthly rental and subject to all of the terms and provisions hereof, except only as to the term of this Lease. 17. Tenant shall, at all times and upon termination or expiration of this Lease, have the duty to remove all trade fixtures, machinery, equipment, appurtenances and personal property heretofore or hereafter owned and/or installed by Tenant as Landlord may direct. Such property as Landlord shall direct to be left shall become the property of the Landlord. Tenant shall repair any damage done to the Leased Premises caused by such removal. 18. If Landlord is involuntarily made a party defendant to any litigation concerning the lease, or the Demised Premises, or the premises of which the Demised Premises form a part, by reason of any act or omission of Tenant, then Tenant shall save and hold harmless Landlord from all liabilities by reason thereof, including reasonable attorney's fees and all court costs incurred by Landlord in such litigation. In case Landlord engages an attorney to enforce the terms hereof or brings an action against -9- 77 Tenant to enforce any of the terms hereof, or commences a summary proceeding for the forfeiture of this Lease or the possession of said Premises, or either of them, and Landlord shall prevail in whole or in part in such endeavor, Tenant agrees to pay to Landlord all such attorney's fees, expenses, and court costs. The right of such attorney's fees and expenses shall be deemed to have accrued on the commencement of such endeavor, and shall be enforceable whether or not such action is prosecuted to final judgment, and such fees and costs shall be paid forthwith or included in the judgment. 19. Tenant agrees to observe, comply with and obey promptly, at its expense, during the term thereof, all laws, rules, requirements, order, directions, ordinances, and regulations of any and all governmental authorities or agencies and of all municipalities, departments, bureaus, boards and officials governing its use or occupancy of the demised premises. 20. Landlord reserves the right to enter the Premises or any part thereof at reasonable hours to exhibit the Premises to prospective purchasers or others; to display during the last ninety days of the term, without, hindrance or molestation by Tenant, "For Rent" signs and similar signs in appropriate places in or on the Premises; to perform any acts related to the safety, protection, preservation, reletting, sale or improvements of the Premises; and, during the last one hundred and twenty (120) days of the term or any part thereof, if during or prior to that time, Tenant vacates the premises, to enter and repair, alter or otherwise prepare the Premises for occupancy. The exercise of any of these reserved rights by Landlord shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises and shall never render Landlord liable in any manner to Tenant or to any other person. Landlord further reserves, during the last one hundred and twenty (120) days of the term, the right to grant prospective purchasers the right to go upon the Leased Premises to perform such surveys, soil tests, topographical studies and other inspections of the property that said purchaser -10- 78 may desire. Tenant hereby waives all rights to recover for damages done to the Leased Premises, personal property, improvements, fixtures and without limitation, any other damages or liability arising from said actions against Landlord and against the prospective purchasers, their agents or employees. 21. This lease is subordinate to any mortgage or deed of trust affecting the Leased Premises. Tenant shall execute such other and further documents as are requested to implement this subordination and does hereby constitute Landlord its attorney- in-fact to sign said document. So long as Tenant continues to pay the rent in this Lease reserved and no other default exists hereunder, the holder or any mortgage or deed of trust affecting the Leased Premises shall not have the right to interfere with the possession of Tenant in any other manner whatsoever, so that Tenant's rights and possession shall not be disturbed hereunder by any such foreclosure or by any person claiming under or through the Landlord by similar conveyance. 22. (a) The demised premises shall not be used for the storage of any products whatsoever which will produce excessive smoke, odors, or fumes, nor for the storage or dumping of toxic, corrosive or deleterious material, including, but not limited to, gasoline, fuel oil, pesticides or waste material. (b) No area shall be used or maintained as a dumping ground for rubbish or junk. Trash or garbage shall not be kept, except on a temporary basis, in sanitary containers. All equipment for the temporary storage or disposal of such material shall be kept in a clean and sanitary condition. (c) The Premises shall be kept in a neat and well ordered condition at all times. (d) Upon failure of any occupant, tenant, sub -tenant, licensee, assignee or other person or entity to comply with the remedy the default by any means, including by going upon the land and remedying the default and the cost of same shall be a lien upon the interest of the defaulting party. 79 23. (a) Time is of the essence in every particular of this lease agreement, in respect to the promises, covenants and agreements, terms and conditions of either Landlord or Tenant, and particularly shall time be of the essence where the obligation is that to pay money, rents, required tax payments, and insurance payments. Where under the terms of this Lease it is incumbent upon either side to do or perform an act, such act shall be done and performed promptly, the parties intending that each side will be liable to the other for any damage caused by the unreasonable delay of such party in doing or performing such an act. (b) All references herein to the Landlord and Tenant mean the persons who, from time to time, occupy the positions respectively of the Landlord and Tenant, although this shall not be construed as relieving any person, firm or corporation of any liability incurred by him, her or it, by reason of or in connection with his, her or its having been Landlord or Tenant at one time or another. .The amount of documentary stamps (or similar tax hereafter imposed) to be affixed to this Lease, if any, shall be borne by the Tenant. (c) Nothing contained herein shall be deemed or construed by the parties hereto, nor any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rents, nor any other provisions contained herein, nor any acts of the parties therein, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Tenant specifically and definitely acknowledges that all statutory proceedings provided by the laws of the State of Florida regulating the relationship of Landlord and Tenant and remedies accruing to the Landlord upon the default of the Tenant, respecting collection of the rent or repossession of Demised premises, shall, at the option of the Landlord, accrue to the 80 Landlord, who shall have the benefit of any and all such laws and statutes. (d) Landlord and Tenant intend, understand, and agree that the various rights, powers, options, elections, privileges and remedies of the Landlord, set forth in this agreement, or otherwise, shall be construed as cumulative, and no one of them shall be construed as being exclusive of the other or exclusive of any rights or priorities allowed by law, except as herein otherwise provided. (e) Both parties intend, understand and agree that default and grace periods referred to in this Lease agreement shall be deemed to run concurrently and not consecutively. (f) All covenants, promises, conditions and obligations herein contained or implied by law, are covenants running with the land, and shall attach to the land and be binding upon the heirs, executors, administrators, successors, legal representatives and assigns, of each of the parties to this Lease. (g) It is further understood and agreed that no modifications, releases, discharges, or waivers, of any provisions hereof shall be of any force, value and/or effect unless in writing, signed by the Landlord or its duly authorized agent. (h) Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (i) The parties hereto agree that this Lease represents the entire agreement between the parties hereto and that there are no collateral agreements or understandings. Tenant agrees that it is not relying on any representations or agreements other than those contained in this lease. (j) This agreement is made in and is to be performed in the State of Florida, and is to be governed by the laws of the State of Florida. -13- 81 (k) This agreement may be executed in as many counterparts as may be necessary, each one of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement. (1) The Parties agree that this transaction is a valid and bona fide lease and shall be treated by both Landlord and Tenant as such in their income taxes. (m) This lease shall not be recorded. 24. All sums due hereunder shall bear interest at the rate of 18% per annum after maturity. 25. Landlord shall attempt to collect and remit to the taxing agency the correct amount of tax due on the rentals paid hereunder, but should there subsequently found to be due additional sums, Tenant will promptly remit said sums together with any interest and penalty thereon. 26. it is expressly and specifically covenanted and agreed that if the Tenant shall fail to pay the rent herein reserved or any obligations herein provided to be paid as additional rent upon the day the same become due and payable and such default shall continue for thirty (30) days, then the entire unpaid balance of the basic rentals and the entire amount of estimated additional rental to the end of the term, based upon existing additional rentals already accrued, shall, at the sole option of the Landlord, immediately become due and payable. 27. Tenant covenants and agrees that in the event of the waiver at any time by the Landlord of any particular covenant or condition of this Lease, said waiver shall extend to the particular condition of this Lease, said waiver shall extend to the particular case only for the particular time and in the particular manner specified, and such waiver shall not be construed or understood as waiving any further or other rights of any character whatsoever. 28. Tenant agrees to pay for all utilities, such as water, gas, and electricity and sewage service charges and any extension of such utilities, if any is required, that may be levied against -14- 82 the Leased Premises during the term hereof, it being the intent that the rental be net to the Landlord. 29. If Tenant shall be declared bankrupt or become insolvent according to law, or if a receiver or other officer shall be appointed to take charge of the whole or a substantial part of its property for the purposes of winding up the affairs of Tenant, and such proceedings be not released within sixty (60) days thereafter, then this Lease shall thereupon, at Landlord's option, terminate, and upon such termination, there shall become due and payable to Landlord as liquidated damages for breach of this lease by Tenant all rent and other obligations herein required to be paid by Tenant accrued to the date of such termination. 30. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided and if such default continues for a period of ten (10) days after written notice by Landlord to Tenant, or if material default shall be made in any of the other covenants, provisions, and conditions to be kept, observed and performed by Tenant under this Leas, and if within thirty (30) days after written notice of such other material default by Landlord to Tenant, Tenant shall not have corrected said default, then Landlord may, in addition to all other remedies now or hereafter provided by law, at any time thereafter prior to the curing of such default, at Landlord's option, terminate Tenant's right to possession or declare the term of this Lease ended by giving Tenant written notice of such termination. Landlord may also 'at its option, instead of forfeiting and cancelling this Lease, take possession of said Leased Premises and relet the same for the remainder of the term hereof for the highest rental then reasonably obtainable, the Landlord reserving the right to make such rental concessions and remodeling, at Tenant's expense as it deems necessary, and Tenant shall be liable to Landlord for the amount of rent reserved hereunder for the remainder of the term plus the amount of other charges which Tenant has herein contracted for -15- 83 and agreed to pay, do, and perform, and the reasonable cost of obtaining possession of the Leased Premises and of any repair or alterations necessary to prepare the same for reletting. Further, tenant shall be responsible for an expenses incurred for the reletting of the premises, including, but not limited to, brokerage and legal fees. It is understood that Landlord's remedies under this Lease are cumulative and the exercise of one remedy does not preclude the exercise of the other remedies. In case of termination of this lease under this paragraph, Tenant hereby grants to Landlord the full and free license to enter into and upon the Leased Premises and to expel or remove any and all property therefrom and to dispose of in any manner without being deemed in any manner guilty of trespassing, conversion, eviction, forcible entry or detainer. 31. If default shall be made by Tenant in the performance of or other compliance with any covenant, provision or condition of this Lease, other than the payment of rent, and said default shall have continued for either thirty (30) days after written notice thereof from Landlord to Tenant or the time for performance has arrived. Landlord, in addition to other remedies now or hereafter provided by law, may at its election, perform such proviso, covenant or condition for or on behalf of Tenant, or make good on such default, and Tenant agrees to repay to Landlord immediately any amounts which Landlord may advance pursuant hereto and which shall be deemed additional rent due hereunder. Landlord may enter the Leased premises at reasonable times during business hours to inspect the premises or other property belonging to Landlord provided that such activities shall be done without unreasonable interference to Tenant's business or mode of operations. 32. Additional Conditions: (a) The property is leased subject to all matters of record or hereafter filed of record. -16- 84 (b) The Landlord reserves the right at any time to grant, impose or create new easements and rights of way on the land. (c) The Landlord reserves the right of access for vehicular and pedestrian across the land for himself and others. (d) Tenant shall maintain the property in a neat and clean condition and will take such steps with respect to the upkeep and landscaping as Landlord may reasonably direct. (e) The property is taken "as is" and Tenant has had an opportunity to inspect the physical condition of the property. Landlord makes no representation as to the suitability of the property for Tenant's uses nor does Landlord represent that the proposed use complies with the restrictions and limitations, laws, rules, regulations, ordinance,s public or private affecting and governing the land. (f) No signs are permitted on the property without prior written consent of Landlord. 33. Any notice to Landlord shall be delivered to: Diocese of Palm Beach, 9995 N. Military Trial, Palm Beach Gardens, FL 33418, Attn: Real Estate Department, with a copy to Edward D. Lewis, Alley, Maass, P.O. Box 431, Palm Beach, FL 33480, and to Tenant by mailing to: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425, Attn: City Manager, with a copy to City Risk Manager at the same address. 34. This lease is entered into for the purpose of permitting the Tenant, and the Premises are so restricted to, creation of a free, public nature preserve which will contain a raised boardwalk area interspersed with kiosks, containing informational statements, an observation tower and canoe trails, parking area and restrooms. In the event that the necessary permits, grants and appropriations are not received and construction commenced within thirty-six (36) months of the date hereof, then this lease shall be terminated. The construction shall be promptly commenced and diligently pursued in good faith to completion. In the event that the Premises are thereafter not -17- 85 so used, then this lease shall terminate. Landlord reserves the right to approve all site plans, construction plans and any future alterations thereof. 35. The park will be constructed in such a manner so as to place no burden of any manner on Landlord's remaining adjoining property. By way of example, and not limiting the generality of the foregoing, drainage and parking facilities shall be constructed in such a manner so as to not interfere with that of Landlord and parking shall be designed in such a manner that will prevent park visitors from parking on Landlord's land. In the event that, in the course of obtaining permits for the park facilities, any deficiencies are discovered in Landlord's drainage of other improvements, then the cost of correcting such deficiencies shall be borne by the Tenant. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first above written. Signed, sealed and delivered in the present of: o c'e Costello -(1rntedtName of Witness) Carrie Parker (Printed (Printed pame witness) v d a to F rm: CA y Attorney� TENANT: CITY OF BOYNTON BEACH, FLORIDA 6,1,� It e- rline Weiner, Mayor ATTEST: Cit Clerk (Corporate Seal) LANDLORD: J. Keith Symon t/ as Bishop (Printed Nam �1�tne s�) of the Diocese of Palm Beach, his successors in office and assigns forever, (4 a corporation sole (Printed Name of Witness) -18- 86 LEGAL DESCRIPTION A parcel of land being all of Lots 5, 12, 21 and 22, and also being portions of Lots 6 and 11 of plat of "SUBDIVISION OF THE S.W. 1/4 OF THE S.W. 1/4 OF SEC. 22 AND THE N.W. 1/4 OF THE N.W. 1/4 OF SEC. 27 OF T.45S. R.43E." (for convenience to be hereinafter referred to as "DEWEY SUBDIVISION") as recorded in Plat Book 1, Page 37 of the Public Records of Palm Beach County, Florida being in Section 22, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida being more particularly described as follows: Commencing at the Southwest corner of said Section 22; thence North 89055153" East along the South line of said Section 22, a distance of 682.56 feet; thence North 01032124" West, a distance of 325.69 feet to the Southwest corner of said Lot 22 and the POINT OF BEGINNING of this description; thence North 01032124" West along the West line of said Lot 22, a distance of 315.69 feet to the Northwest Corner of said Lot 22; thence North 01032124" West along the Northerly extension of the said West line of Lot 22, a distance of 20.01 feet to the Southwest corner of said Lot 11; thence North 89059115" East along the South line of said Lot 11, same line also being the North line of a strip of land lying between said Lots 11 and 22 as shown on said "DEWEY SUBDIVISION", said strip of land being 20.00 feet in width as shown on survey entitled "Boundary Survey Prepared For & Certified to: ST. MARK'S CATHOLIC CHURCH" by O'Brien, Suiter & O'Brien, Inc., order no. 83-165db, dated May 5, 1983 and last revised November 7, 1984, a distance 117.59 fet to a point of intersection with a chain link fence; thence North 00020116" West along said chain link fence, a distance of 288.85 feet to a change of direction in said chain link fence; thence North 03013114" East along said chain link fence, a distance of 27.94 feet to a change of direction in said chain link fence; thence North 03002'01" West along said chain link fence and the Northerly extension thereof, a distance of 160.58 feet; Thence North 89057122" West along the Easterly extension of the cen- terline of Northeast 6th Avenue, a distance of 121.71 feet to a point of intersection with the East line of plat of "CIVIC CENTER SUBDIVISION" as recorded in Plat Book 12, Page 68 of the said Public Records; thence North 01031152" West along the said East line of "CIVIC CENTER SUBDIVISION", same line also being the West line of said Lot 6 of "DEWEY SUBDIVISION" a distance of 143.99 feet to the Northwest corner of said Lot 6; thence South 89057122" East along the North line of said Lots 5 and 6, same line also being the South line of a strip of land lying North of said Lots 5 and 6 as shown on said "DEWEY SUBDIVISION", said strip of land being 20.00 feet in width as shown on said survey by O'Brien, suiter & O'Brien, Inc., a distance of 677.04 feet to the Northeast corner of said Lot 5; thence South 01047102" East along the East lines of said Lots 5 and 12, a distance of 620.79 feet to the Southeast corner of said Lot 12; thence South 01047'02" East along the Southerly extension of the said East lines of Lots 5 and 12, a distance of 20.01 feet to the Northeast corner of said Lot 21; thence South 01047102" East along the East line of said Lot 21, a distance 315.40 feet to the Southeast corner of said Lot 21; thence South 89057134" West along the South lines of said Lots 21 and 22, a distance of 681.19 feet to the POINT OF BEGINNING; EXHIBIT A 87 -2 - LESS the following described 20.00 foot wide strip of land lying South of said Lots 11 and 12 and North of said Lots 21 and 22 as shown on said "DEWEY SUBDIVISION" and said survey by O'Brien, Suiter 8 O'Brien, Inc. being more particularly described as follows: BEGINNING at the said Northwest corner of Lot 22; tene linecofNLoth22, a2distancetof1ong 20.01hfeetito the said West said Southwest corner of said Lot 11; thence North 89059115" East along the said South lines of Lots 11 and 12, a distance of 679.77 feet to the Southeast corner of said Lot 12; herly thence211 st thensaidesaid NortheasttcornereofeLoto21; Lot 12, the said lines of andistancetof8679.855feetstoathegsaid Northwesthcorner of Lots 221 d , tence and the POINT OF BEGINNING. Containing 13.26 Net Acres, more or less, (Not including LESS parcel). Subject to existing Easements, Rights -of -Way, Restrictions and Reservations of Record. 88 RESOLUTION NO. R9293 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A LEASE AGREEMENT BETWEEN THE, CITY OF BOYNTON BEACH AND THE DIOCESE OF PALM BEACH FOR THE MANGROVE PROPERTY ADJACENT TO ST. MARKS CHURCH; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT FOR THE MANGROVE PROPERTY ONCE THE SAME IS FINALIZED; AND PRbvIDING:AN'EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City to execute a Lease Agreement •with the Diocese of Palm Beach, for the mangrove property adjacent to St. Mark's Church. NOW, THEREFORE, BE IT RESOLVED By THE CITY COMMISSION OF THE ITY OF BO NTON 'BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton 3eachy Florida authorizes and directs the City Manager and City. kttorney, to negotiate a Lease Agreement with the Diocese of Palm 3each for the mangrove property adjacent to St. Mark's Church in iowntown Boynton 'Beach. Section 2. Authorizing the Mayor and City Clerk to ,xecute the Lease Agreement for the mangrove property once the ;ame is finalized. Section 2. This Resolution shall become effective iiatey upon passage. PASSED AND ADOPT= this 19 day of May, 1992. CITY OF BOYNTON BEACH, FLORIDA ATTEST: i1city Cl (Corporate Seal) Mangrove.Res 5014/92 89 LEASE THIS LEASE, made and entered into this A& V day of 492*_A4oW 1992, by and between J. KEITH SYMONS, AS BISHOP OF THE DIOCESE OF PALM BEACH, HIS SUCCESSORS IN OFFICE AND ASSIGNS FOREVER, A CORPORATION SOLE, hereinafter referred to as the "Landlord", and the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of Florida, hereinafter referred to as the "Tenant". WITNESSETH: 1. The Landlord does hereby lease and demise unto the said Tenant the following described property, lying and being in Palm Beach County, Florida, to -wit: See Legal Description attached hereto and made a part hereof as Exhibit ffAO, hereinafter referred to as the "Leased Premises", "Demised Premises" or "Premises". 2. The term of this Lease shall begin July 1, 1992, and shall terminate on June 30, — 2019. Tenant may not take possession until such time as Tenant procures the liability insurance hereinafter provided for. 3. Tenant agrees to pay and Landlord agrees to accept a rental Ten and No/100 Dollars ($10-00) per year, payable in advance, commencing on July 1, 1992, and on a like day of each year thereafter, and shall be payable to THE DIOCESE OF PALM BEACH. Tenant shall also pay, with each installment, all applicable tax thereon. The covenant to pay rent shall be an independent covenant. 4. In order to insure the Landlord's opportunity for obtaining an tax exemption, the Tenant agrees to notify the Landlord on or before November loth (or whatever date, from time to time, is fifty (50) days preceding the date for the determination of a tax exempt use for the following year) of the year if Tenant will be unable to begin activities, on the Leased Premises, which would make the property tax exempt prior to January 1st (or such other date as may be set by law from time to 90 time for determining tax exempt status) of each year. Upon such notification, the Landlord shall then have the option of terminating this Lease. In the event the Lease is so terminated, a pro -rata amount of the rental will be refunded to the Tenant, as of the date of termination. 5. Tenant may not assign this Lease nor sublease any part or all of the Leased Premises without the written consent of the Landlord, which consent may be unreasonably and arbitrarily withheld. 6. Tenant hereby agrees to cooperate with Landlord in Landlord's attempt to obtain a tax exemption on the Leased Premises. Tenant agrees to execute Affidavits as to the status of the tax exempt activities. Tenant further agrees to attend the tax exemption hearing with the Landlord, upon Landlord's request. In the event the activities of the Tenant cause the property to lose its tax exempt status, then Tenant shall pay the entire amount of taxes levied on the Premises and upon Landlord's adjoining property if it too is placed on the tax roll as a result of Tenant's activities or inaction. 7. Tenant hereby agrees and covenants as follows: (a) To use the Leased Premises only for passive park purposes as further described in Paragraph 34 and not to use the Leased Premises for any illegal purpose. (b) To comply with all governmental laws and ordinances regarding the park activities. (c) To not excavate or remove or permit to be excavated or removed any soil or rock from the leased Premises except as shown on plans previously approved by Landlord. (d) To peacefully vacate the property at the termination of the Lease and to leave such improvements intact as Landlord may select. (e) To protect the lands against trespass insofar as Tenant is reasonably able to do so. -2- 91 (f) To not allow any mechanics' liens to be filed against the property and if any are so filed as a result of Tenant's actions, Tenant agrees to promptly discharge the same. 8. Landlord or its agents shall have the right to enter onto the property at any reasonable time to view the premises. Landlord shall, however, exercise this right in such a way as not to unreasonably interfere with the operations of Tenant. 9. Insurance - General (a) All insurance called for under this lease shall be written by companies with not less than an A rating by Alfred M. Best and Company. The insurance company must be qualified to do business in Florida. (b) The insurance coverage must be provided prior to Tenant's taking possession of the Premises or the beginning of the lease term whichever event is earlier. (c) Each policy shall name the Landlord as a named insured under the policy, shall contain a waiver of the right of subrogation against Landlord, shall have a maximum deductible of One Thousand ($1,000-00), shall provide a minimum of thirty (30) days advance notice be given to Landlord before the policy can be cancelled or amended and shall provide that Landlord be given not less than thirty days notice if the policy will not be renewed. (d) The form of the policies must be satisfactory to Landlord. The Tenant shall comply with all the regulations imposed by the insurance company. (e) Originals of the policies together with proof of payment of the premiums therefor shall be delivered initially ten days prior to the Tenant's occupancy or the commencement of the lease term, whichever is the earlier event. Thereafter these documents shall be delivered to Landlord thirty days prior to the expiration of any existing policy. (f) Any notices to be given under the provision of the Insurance - General section must be given to Landlord by properly addressed certified or registered mail, postage prepaid. (g) If Tenant fails to provide the insurance called for under this lease in a timely fashion, Landlord may, at W= 92 Landlord's option, obtain the required insurance and any sums expended in this respect shall be immediately due and payable as additional rent and shall bear interest at the highest rate permissible under the laws of Florida. (h) Failure to timely deliver the insurance required hereunder shall be deemed to be an event of default. (i) All policies shall be written as primary, and not contributing with or in excess of the coverage which Landlord as named insureds, their agents, servants and employees may carry. (j) Landlord shall not be responsible or liable to Tenant for any loss or damage caused by the acts or omissions of any persons occupying any space adjacent to or adjoining the Premises. (k) Landlord shall not be required to give notice of accidents or claims. (1) Landlord shall not be liable for any premiums due for insurance. 10. (a) As used herein and in Section 9 and Section 11, "Claims" means any claims, suits, proceedings, actions, causes of action, responsibility, liability, demands, judgments, and executions. (b) Tenant hereby indemnifies and agrees to save harmless Landlord, and any Mortgagee, from and against all Claims, which either (i) arise from or are in connection with the possession, use, occupation, management, repair, maintenance or control of the Premises or any portion thereof; (ii) arise from or are in connection with any act or commission of Tenant or Tenant's Agents; (iii) result from any default, breach, violation or non-performance of this Lease or any provision of this Lease by Tenant; or (iv) result in injury to person or property or loss of life sustained on the Demised Premises. (c) Tenant shall defend any Claims against Landlord, any Mortgagee with respect to the foregoing or in which they may be impleaded. Tenant shall pay, satisfy and discharge any -4- 93 judgments, orders and decrees which may be recovered against Landlord, or any Mortgagee, in connection with the foregoing. (d) TENANT WAIVES ALL RIGHTS TO RECOVER FROM LANDLORD FOR ANY DAMAGES CAUSED BY NEGLIGENCE OF LANDLORD, ITS AGENTS OR EMPLOYEES. (e) The Tenant shall provide a contractual liability endorsement to Tenant's liability insurance. 11. (a) Tenant shall provide and maintain a comprehensive, all-risk, policy of liability insurance with respect to the Premises. The liability insurance policy shall protect Landlord, Tenant and any designee of Landlord against any liability which arises from any occurrence on or about the Premises or any appurtenance of the Premises, the sidewalks and alleyways adjacent thereto or which arises from any of the Claims indicated in Section 10 against which Tenant is required to indemnify Landlord. (b) The coverage limits of the policy shall be at least $3,000,000.00 with respect to any one person, at least $3,000,000-00 with respect to any one accident, and at least $100,000.00 with respect to property damage. (c) If it becomes customary for a significant number of tenants in the area to be required to provide liability insurance policies to their landlords with coverage limits higher than the foregoing limits, within thirty days after Landlord's request therefor Tenant shall provide Landlord with an insurance policy whose limits are not less than the then customary limits. The foregoing requirement shall be applicable only once during each five years during the Term. 12. In the event that the entire Premises shall be taken under any condemnation or eminent domain proceedings or by private purchase under threat of condemnation during the term hereof, or in the event any portion of the Property shall be taken in any such proceedings and the remaining portion shall not be suitable or adequate for the uses and purposes for which the Property is being utilized by Tenant, then, and in any such -5- 94 event, this lease shall terminate on the date of such taking, and any rental payment paid in advance shall be apportioned and promptly refunded to Tenant. If a portion of the Property shall be taken under any condemnation or eminent domain proceedings or by private purchase under threat of condemnation during the term hereof, and the remaining portion of the Property not taken or condemned shall be suitable and adequate for the uses and purposes of Tenant, permitted by this lease, then, in such event, this agreement shall be and remain unaffected by such condemnation or eminent domain proceedings as to such remaining property unaffected by such proceeding, except that, effective as of the date of such taking, the rental shall be diminished by an amount representing the part of the rental applicable to that portion, if any, of the Property which is so condemned or taken. All compensation awarded or paid upon a total or partial taking of the Property, including the value of the leasehold estate created hereby, shall belong to and be the property of Landlord' without any participation by Tenant; provided, however, that nothing contained herein shall be construed to preclude Tenant, at Tenant's sole cost and expense, from independently prosecuting any claim directly against the condemning authority for loss of business, and/or depreciation to, damage to, and/or cost of removal of and/or for the value of stock and/or trade fixtures, furniture and other personal property belonging to Tenant; provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award or other awards of any and all grounds and underlying landlords or mortgagees. 13. Tenant represents warrants and covenants that Tenant has not used nor will it use Hazardous Materials (as defined hereinafter) on, from, or affecting the Leased Premises in any manner which violates federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials, and that, to the Cr -C 95 best of Tenant's knowledge, no prior owner of the Leased Premises or any Tenant, Subtenant, prior Tenant or prior Subtenant have used Hazardous Materials on, from or affecting the Leased Premises in any manner which violates federal, state or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of Hazardous Materials. Tenant shall keep or cause the Leased Premises to be kept free of Hazardous Materials. Without limiting the foregoing, Tenant shall not cause or permit the Leased Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in compliance with all applicable federal, state and local laws or regulations, nor shall Tenant cause or permit, as a result of any intentional or unintentional act or omission on the part of Tenant or Subtenant, a release of Hazardous materials onto the Leased Premises or onto any other property. Tenant shall comply with and ensure compliance by any Subtenants with all applicable federal, state and local laws, ordinances, rules and regulations, whenever and by whomever triggered, and shall obtain and comply with, and ensure that any Subtenants obtain and comply with, any and all approvals, registrations or permits required thereunder. Tenant shall (a) conduct and complete all investigations, studies, sampling, and testing, and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials, on, from, or affecting the Leased Premises (i) in ordinances, rules, regulations, and policies, (ii) to the satisfaction of Landlord, and (iii) in accordance with the orders and directives of all federal, state, and local governmental authorities, and (b) defend, indemnify, and hold harmless Landlord, its employees, agents, officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to, (i) the presence, disposal, -7- 96 release, or threatened release of any Hazardous Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals or otherwise; (ii) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials, and/or (iv) any violation of laws, orders, regulations requirements, or demands of government authorities, or any policies or requirements of Landlord, which are based upon or in any way related to such Hazardous Materials including, without limitation, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses. At the end of the term of this Lease, Tenant shall deliver the Lease Premises to Landlord free of any and all Hazardous Materials so that the condition of the Leased Premises shall conform with all applicable federal, state and local laws, ordinances, rules or regulations affecting the Leased Premises. For purposes of this Paragraph 13, OHazardous Materials~ includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, corrosive or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability act of 1980, as amended (42 U.S.0 Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.S. Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601 et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Federal, state or local environmental law, ordinance, rule, or regulation. The provisions of this Paragraph 13 shall be in addition to any and all other obligations and liabilities Tenant may have to Landlord at common law, and shall survive the transactions contemplated herein. 14. Tenant covenants and agrees that it will utilize the Leased Premises in a careful, safe and proper manner and will -8- 97 comply, at its expense, with all laws, ordinances, regulations and orders of proper public officers insofar as such matters affect the use and maintenance thereof, provided, however, that the Tenant may (but shall not be obligated to) in its own or Landlord's name, in good faith, contest any such order, regulation, ordinance or law, and during the period of such contest Tenant shall not be deemed to be in default hereunder so long as Landlord shall be held harmless from any loss, expense, or penalty resulting therefrom. 15. At the expiration of this lease, Tenant agrees to deliver up and surrender to Landlord the possession of the leased premises in as good condition and repair as received, excepting ordinary wear and tear. 16. If Tenant shall remain in possession of all or any part of the Leased premises after the expiration of this Lease, the Tenant shall be deemed a Tenant from month to month at a rental fee of double the then reasonable market value monthly rental and subject to all of the terms and provisions hereof, except only as to the term of this Lease. 17. Tenant shall, at all times and upon termination or expiration of this Lease, have the duty to remove all trade fixtures, machinery, equipment, appurtenances and personal property heretofore or hereafter owned and/or installed by Tenant as Landlord may direct. Such property as Landlord shall direct to be left shall become the property of the Landlord. Tenant shall repair any damage done to the Leased Premises caused by such removal. 18. If Landlord is involuntarily made a party defendant to any litigation concerning the lease, or the Demised Premises, or the premises of which the Demised Premises form a part, by reason of any act or omission of Tenant, then Tenant shall save and hold harmless Landlord from all liabilities by reason thereof, including reasonable attorney's fees and all court costs incurred by Landlord in such litigation. In case Landlord engages an attorney to enforce the terms hereof or brings an action against -9- 98 Tenant to enforce any of the terms hereof, or commences a summary proceeding for the forfeiture of this Lease or the possession of said Premises, or either of them, and Landlord shall prevail in whole or in part in such endeavor, Tenant agrees to pay to Landlord all such attorney's fees, expenses, and court costs. The right of such attorney's fees and expenses shall be deemed to have accrued on the commencement of such endeavor, and shall be enforceable whether or not such action is prosecuted to final judgment, and such fees and costs shall be paid forthwith or included in the judgment. 19. Tenant agrees to observe, comply with and obey promptly, at its expense, during the term thereof, all laws, rules, requirements, order, directions, ordinances, and regulations of any and all governmental authorities or agencies and of all municipalities, departments, bureaus, boards and officials governing its use or occupancy of the demised premises. 20. Landlord reserves the right to enter the Premises or any part thereof at reasonable hours to exhibit the Premises to prospective purchasers or others; to display during the last ninety days of the term, without, hindrance or molestation by Tenant, "For Rent" signs and similar signs in appropriate places in or on the Premises; to perform any acts related to the safety, protection, preservation, reletting, sale or improvements of the Premises; and, during the last one hundred and twenty (120) days of the term or any part thereof, if during or prior to that time, Tenant vacates the premises, to enter and repair, alter or otherwise prepare the Premises for occupancy. The exercise of any of these reserved rights by Landlord shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises and shall never render Landlord liable in any manner to Tenant or to any other person. Landlord further reserves, during the last one hundred and twenty (120) days of the term, the right to grant prospective purchasers the right to go upon the Leased Premises to perform such surveys, soil tests, topographical studies and other inspections of the property that said purchaser -10- 99 may desire. Tenant hereby waives all rights to recover for damages done to the Leased Premises, personal property, improvements, fixtures and without limitation, any other damages or liability arising from said actions against Landlord and against the prospective purchasers, their agents or employees. 21. This lease is subordinate to any mortgage or deed of trust affecting the Leased Premises. Tenant shall execute such other and further documents as are requested to implement this subordination and does hereby constitute Landlord its attorney- in-fact to sign said document. So long as Tenant continues to pay the rent in this Lease reserved and no other default exists hereunder, the holder or any mortgage or deed of trust affecting the Leased Premises shall not have the right to interfere with the possession of Tenant in any other manner whatsoever, so that Tenant's rights and possession shall not be disturbed hereunder by any such foreclosure or by any person claiming under or through the Landlord by similar conveyance. 22. (a) The demised premises shall not be used for the storage of any products whatsoever which will produce excessive smoke, odors, or fumes, nor for the storage or dumping of toxic, corrosive or deleterious material, including, but not limited to, gasoline, fuel oil, pesticides or waste material. (b) No area shall be used or maintained as a dumping ground for rubbish or junk. Trash or garbage shall not be kept, except on a temporary basis, in sanitary containers. All equipment for the temporary storage or disposal of such material shall be kept in a clean and sanitary condition. (c) The Premises shall be kept in a neat and well ordered condition at all times. (d) Upon failure of any occupant, tenant, sub -tenant, licensee, assignee or other person or entity to comply with the remedy the default by any means, including by going upon the land and remedying the default and the cost of same shall be a lien upon the interest of the defaulting party. 100 23. (a) Time is of the essence in every particular of this lease agreement, in respect to the promises, covenants and agreements, terms and conditions of either Landlord or Tenant, and particularly shall time be of the essence where the obligation is that to pay money, rents, required tax payments, and insurance payments. Where under the terms of this Lease it is incumbent upon either side to do or perform an act, such act shall be done and performed promptly, the parties intending that each side will be liable to the other for any damage caused by the unreasonable delay of such party in doing or performing such an act. (b) All references herein to the Landlord and Tenant mean the persons who, from time to time, occupy the positions respectively of the Landlord and Tenant, although this shall not be construed as relieving any person, firm or corporation of any liability incurred by him, her or it, by reason of or in connection with his, her or its having been Landlord or Tenant at one time or another. .The amount of documentary stamps (or similar tax hereafter imposed) to be affixed to this Lease, if any, shall be borne by the Tenant. (c) Nothing contained herein shall be deemed or construed by the parties hereto, nor any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rents, nor any other provisions contained herein, nor any acts of the parties therein, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Tenant specifically and definitely acknowledges that all statutory proceedings provided by the laws of the State of Florida regulating the relationship of Landlord and Tenant and remedies accruing to the Landlord upon the default of the Tenant, respecting collection of the rent or repossession of Demised premises, shall, at the option of the Landlord, accrue to the 101 Landlord, who shall have the benefit of any and all such laws and statutes. (d) Landlord and Tenant intend, understand, and agree that the various rights, powers, options, elections, privileges and remedies of the Landlord, set forth in this agreement, or otherwise, shall be construed as cumulative, and no one of them shall be construed as being exclusive of the other or exclusive of any rights or priorities allowed by law, except as herein otherwise provided. (e) Both parties intend, understand and agree that default and grace periods referred to in this Lease agreement shall be deemed to run concurrently and not consecutively. (f) All covenants, promises, conditions and obligations herein contained or implied by law, are covenants running with the land, and shall attach to the land and be binding upon the heirs, executors, administrators, successors, legal representatives and assigns, of each of the parties to this Lease. (g) It is further understood and agreed that no modifications, releases, discharges, or waivers, of any provisions hereof shall be of any force, value and/or effect unless in writing, signed by the Landlord or its duly authorized agent. (h) Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (i) The parties hereto agree that this Lease represents the entire agreement between the parties hereto and that there are no collateral agreements or understandings. Tenant agrees that it is not relying on any representations or agreements other than those contained in this lease. (j) This agreement is made in and is to be performed in the State of Florida, and is to be governed by the laws of the State of Florida. -13- 102 (k) This agreement may be executed in as many counterparts as may be necessary, each one of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement. (1) The Parties agree that this transaction is a valid and bona fide lease and shall be treated by both Landlord and Tenant as such in their income taxes. (m) This lease shall not be recorded. 24. All sums due hereunder shall bear interest at the rate of 18% per annum after maturity. 25. Landlord shall attempt to collect and remit to the taxing agency the correct amount of tax due on the rentals paid hereunder, but should there subsequently found to be due additional sums, Tenant will promptly remit said sums together with any interest and penalty thereon. 26. it is expressly and specifically covenanted and agreed that if the Tenant shall fail to pay the rent herein reserved or any obligations herein provided to be paid as additional rent upon the day the same become due and payable and such default shall continue for thirty (30) days, then the entire unpaid balance of the basic rentals and the entire amount of estimated additional rental to the end of the term, based upon existing additional rentals already accrued, shall, at the sole option of the Landlord, immediately become due and payable. 27. Tenant covenants and agrees that in the event of the waiver at any time by the Landlord of any particular covenant or condition of this Lease, said waiver shall extend to the particular condition of this Lease, said waiver shall extend to the particular case only for the particular time and in the particular manner specified, and such waiver shall not be construed or understood as waiving any further or other rights of any character whatsoever. 28. Tenant agrees to pay for all utilities, such as water, gas, and electricity and sewage service charges and any extension of such utilities, if any is required, that may be levied against -14- 103 the Leased Premises during the term hereof, it being the intent that the rental be net to the Landlord. 29. If Tenant shall be declared bankrupt or become insolvent according to law, or if a receiver or other officer shall be appointed to take charge of the whole or a substantial part of its property for the purposes of winding up the affairs of Tenant, and such proceedings be not released within sixty (60) days thereafter, then this Lease shall thereupon, at Landlord's option, terminate, and upon such termination, there shall become due and payable to Landlord as liquidated damages for breach of this lease by Tenant all rent and other obligations herein required to be paid by Tenant accrued to the date of such termination. 30. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided and if such default continues for a period of ten (10) days after written notice by Landlord to Tenant, or if material default shall be made in any of the other covenants, provisions, and conditions to be kept, observed and performed by Tenant under this Leas, and if within thirty (30) days after written notice of such other material default by Landlord to Tenant, Tenant shall not have corrected said default, then Landlord may, in addition to all other remedies now or hereafter provided by law, at any time thereafter prior to the curing of such default, at Landlord's option, terminate Tenant's right to possession or declare the term of this Lease ended by giving Tenant written notice of such termination. Landlord may also 'at its option, instead of forfeiting and cancelling this Lease, take possession of said Leased Premises and relet the same for the remainder of the term hereof for the highest rental then reasonably obtainable, the Landlord reserving the right to make such rental concessions and remodeling, at Tenant's expense as it deems necessary, and Tenant shall be liable to Landlord for the amount of rent reserved hereunder for the remainder of the term plus the amount of other charges which Tenant has herein contracted for -15- 104 and agreed to pay, do, and perform, and the reasonable cost of obtaining possession of the Leased Premises and of any repair or alterations necessary to prepare the same for reletting. Further, tenant shall be responsible for an expenses incurred for the reletting of the premises, including, but not limited to, brokerage and legal fees. It is understood that Landlord's remedies under this Lease are cumulative and the exercise of one remedy does not preclude the exercise of the other remedies. In case of termination of this lease under this paragraph, Tenant hereby grants to Landlord the full and free license to enter into and upon the Leased Premises and to expel or remove any and all property therefrom and to dispose of in any manner without being deemed in any manner guilty of trespassing, conversion, eviction, forcible entry or detainer. 31. If default shall be made by Tenant in the performance of or other compliance with any covenant, provision or condition of this Lease, other than the payment of rent, and said default shall have continued for either thirty (30) days after written notice thereof from Landlord to Tenant or the time for performance has arrived. Landlord, in addition to other remedies now or hereafter provided by law, may at its election, perform such proviso, covenant or condition for or on behalf of Tenant, or make good on such default, and Tenant agrees to repay to Landlord immediately any amounts which Landlord may advance pursuant hereto and which shall be deemed additional rent due hereunder. Landlord may enter the Leased premises at reasonable times during business hours to inspect the premises or other property belonging to Landlord provided that such activities shall be done without unreasonable interference to Tenant's business or mode of operations. 32. Additional Conditions: (a) The property is leased subject to all matters of record or hereafter filed of record. -16- 105 (b) The Landlord reserves the right at any time to grant, impose or create new easements and rights of way on the land. (c) The Landlord reserves the right of access for vehicular and pedestrian across the land for himself and others. (d) Tenant shall maintain the property in a neat and clean condition and will take such steps with respect to the upkeep and landscaping as Landlord may reasonably direct. (e) The property is taken "as is" and Tenant has had an opportunity to inspect the physical condition of the property. Landlord makes no representation as to the suitability of the property for Tenant's uses nor does Landlord represent that the proposed use complies with the restrictions and limitations, laws, rules, regulations, ordinance,s public or private affecting and governing the land. (f) No signs are permitted on the property without prior written consent of Landlord. 33. Any notice to Landlord shall be delivered to: Diocese of Palm Beach, 9995 N. Military Trial, Palm Beach Gardens, FL 33418, Attn: Real Estate Department, with a copy to Edward D. Lewis, Alley, Maass, P.O. Box 431, Palm Beach, FL 33480, and to Tenant by mailing to: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425, Attn: City Manager, with a copy to City Risk Manager at the same address. 34. This lease is entered into for the purpose of permitting the Tenant, and the Premises are so restricted to, creation of a free, public nature preserve which will contain a raised boardwalk area interspersed with kiosks, containing informational statements, an observation tower and canoe trails, parking area and restrooms. In the event that the necessary permits, grants and appropriations are not received and construction commenced within thirty-six (36) months of the date hereof, then this lease shall be terminated. The construction shall be promptly commenced and diligently pursued in good faith to completion. In the event that the Premises are thereafter not -17- 106 so used, then this lease shall terminate. Landlord reserves the right to approve all site plans, construction plans and any future alterations thereof. 35. The park will be constructed in such a manner so as to place no burden of any manner on Landlord's remaining adjoining property. By way of example, and not limiting the generality of the foregoing, drainage and parking facilities shall be constructed in such a manner so as to not interfere with that of Landlord and parking shall be designed in such a manner that will prevent park visitors from parking on Landlord's land. In the event that, in the course of obtaining permits for the park facilities, any deficiencies are discovered in Landlord's drainage of other improvements, then the cost of correcting such deficiencies shall be borne by the Tenant. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first above written. Signed, sealed and delivered in the present of: o c'e Costello -(1rntedtName of Witness) Carrie Parker (Printed (Printed pame witness) v d a to F rm: CA y Attorney� TENANT: CITY OF BOYNTON BEACH, FLORIDA 6,1,� It e- rline Weiner, Mayor ATTEST: Cit Clerk (Corporate Seal) LANDLORD: J. Keith Symon t/ as Bishop (Printed Nam �1�tne s�) of the Diocese of Palm Beach, his successors in office and assigns forever, (4 a corporation sole (Printed Name of Witness) -18- 107 LEGAL DESCRIPTION A parcel of land being all of Lots 5, 12, 21 and 22, and also being portions of Lots 6 and 11 of plat of "SUBDIVISION OF THE S.W. 1/4 OF THE S.W. 1/4 OF SEC. 22 AND THE N.W. 1/4 OF THE N.W. 1/4 OF SEC. 27 OF T.45S. R.43E." (for convenience to be hereinafter referred to as "DEWEY SUBDIVISION") as recorded in Plat Book 1, Page 37 of the Public Records of Palm Beach County, Florida being in Section 22, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida being more particularly described as follows: Commencing at the Southwest corner of said Section 22; thence North 89055153" East along the South line of said Section 22, a distance of 682.56 feet; thence North 01032124" West, a distance of 325.69 feet to the Southwest corner of said Lot 22 and the POINT OF BEGINNING of this description; thence North 01032124" West along the West line of said Lot 22, a distance of 315.69 feet to the Northwest Corner of said Lot 22; thence North 01032124" West along the Northerly extension of the said West line of Lot 22, a distance of 20.01 feet to the Southwest corner of said Lot 11; thence North 89059115" East along the South line of said Lot 11, same line also being the North line of a strip of land lying between said Lots 11 and 22 as shown on said "DEWEY SUBDIVISION", said strip of land being 20.00 feet in width as shown on survey entitled "Boundary Survey Prepared For & Certified to: ST. MARK'S CATHOLIC CHURCH" by O'Brien, Suiter & O'Brien, Inc., order no. 83-165db, dated May 5, 1983 and last revised November 7, 1984, a distance 117.59 fet to a point of intersection with a chain link fence; thence North 00020116" West along said chain link fence, a distance of 288.85 feet to a change of direction in said chain link fence; thence North 03013114" East along said chain link fence, a distance of 27.94 feet to a change of direction in said chain link fence; thence North 03002'01" West along said chain link fence and the Northerly extension thereof, a distance of 160.58 feet; Thence North 89057122" West along the Easterly extension of the cen- terline of Northeast 6th Avenue, a distance of 121.71 feet to a point of intersection with the East line of plat of "CIVIC CENTER SUBDIVISION" as recorded in Plat Book 12, Page 68 of the said Public Records; thence North 01031152" West along the said East line of "CIVIC CENTER SUBDIVISION", same line also being the West line of said Lot 6 of "DEWEY SUBDIVISION" a distance of 143.99 feet to the Northwest corner of said Lot 6; thence South 89057122" East along the North line of said Lots 5 and 6, same line also being the South line of a strip of land lying North of said Lots 5 and 6 as shown on said "DEWEY SUBDIVISION", said strip of land being 20.00 feet in width as shown on said survey by O'Brien, suiter & O'Brien, Inc., a distance of 677.04 feet to the Northeast corner of said Lot 5; thence South 01047102" East along the East lines of said Lots 5 and 12, a distance of 620.79 feet to the Southeast corner of said Lot 12; thence South 01047'02" East along the Southerly extension of the said East lines of Lots 5 and 12, a distance of 20.01 feet to the Northeast corner of said Lot 21; thence South 01047102" East along the East line of said Lot 21, a distance 315.40 feet to the Southeast corner of said Lot 21; thence South 89057134" West along the South lines of said Lots 21 and 22, a distance of 681.19 feet to the POINT OF BEGINNING; EXHIBIT A 108 -2 - LESS the following described 20.00 foot wide strip of land lying South of said Lots 11 and 12 and North of said Lots 21 and 22 as shown on said "DEWEY SUBDIVISION" and said survey by O'Brien, Suiter 8 O'Brien, Inc. being more particularly described as follows: BEGINNING at the said Northwest corner of Lot 22; tene linecofNLoth22, a2distancetof1ong 20.01hfeetito the said West said Southwest corner of said Lot 11; thence North 89059115" East along the said South lines of Lots 11 and 12, a distance of 679.77 feet to the Southeast corner of said Lot 12; herly thence211 st thensaidesaid NortheasttcornereofeLoto21; Lot 12, the said lines of andistancetof8679.855feetstoathegsaid Northwesthcorner of Lots 221 d , tence and the POINT OF BEGINNING. Containing 13.26 Net Acres, more or less, (Not including LESS parcel). Subject to existing Easements, Rights -of -Way, Restrictions and Reservations of Record. 109 6.G Consent Agenda 06/18/2024 Proposed Resolution No. R24-122- Approve and authorize City Manager to sign a 2 -year agreement with Flock Group, Inc., for the Flock Safety Real Time Crime Center Elite Package for the total amount of $60,000 ($30,000/each year 1 and year 2). Requested Action: Staff recommends approval of Proposed Resolution No. R24-122. Explanation of Request: The Police Department endeavors to integrate the city-wide camera system, ALPR technology, shot detection technology, Computer Aided Dispatch (CAD), and Residential Camera Registry Program into one Real Time Crime Center dashboard to detect and locate vehicles used in criminal activity by entering into a two-year agreement with Flock Group Inc. for fiscal year 2025. This is an additional module to the previously purchased system (PD23- 061) and will allow mid-level supervisors to access and leverage real time crime data. It has been a long-term goal of the police department to organize all the different databases into one user friendly system and is on par with other jurisdictional efforts. How will this affect city programs or services? The Flock Operating Systems will integrate all the data currently used by law enforcement to improve deployment of resources. Fiscal Impact: First-year payment of $30,000. Second year payment of $30,000. Attachments: R24-122 Agenda_Item_1581-2023_Resolution_for_Flock_Safety.docx Exhibit A to Resolution - Complete _ with _ DocuSign_Boynton_Beach_PD_-_SO (1).pdf Exhibit A to Resolution - SIGNED BY FLOCK FL - Boynton Beach PD - Law Enforcement Agreement - .pdf FI ock_Safety_-_Sole_Sou rce_Letter_2023. pdf Sole Source Form.pdf 110 R23-115.pdf 111 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. R24-122 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A STATEMENT OF WORKAND ORDER FORM BETWEEN THE CITY AND FLOCK GROUP INC., FOR THE IMPLEMENTATION OF FLOCK OS ELITE FOR THE POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $60,000; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, the City and Flock Group, Inc., entered into a Master Services Agreement, approved by Resolution No. R23-115 on September 5, 2023; and WHEREAS, the City of Boynton Beach Police Department endeavors to integrate the City- wide camera system, ALPR technology, shot detection technology, Computer Aided Dispatch (CAD), and Residential Camera Registry Program into one Real Time Crime Center dashboard to detect and locate vehicles used in criminal activity. This is an additional module to the previously purchased system (PD23-061) and will allow mid-level supervisors to access and leverage real time crime data. It has been a long-term goal of the police department to organize all the different databases into one user-friendly system that is on par with other jurisdictional efforts; and WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve a Statement of Work and Order Form between the City and Flock Group Inc., for the implementation of Flock OS Elite for the Police Department for an amount not to exceed $60,000. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 27 28 29 30 31 32 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. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve the Statement of Work and Order Form between Flock Group, Inc., and the City, in form and substance similar to that attached as "Exhibit A." SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 112 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 authorizes the City Manager to execute the Statement of Work and Order Form and such other related documents as may be necessary to accomplish the purpose of this Resolution. SECTION 4. One fully executed original of the Statement of Work and Order Form shall be retained by the City Clerk as a public record of the City. A copy of the fully executed Statement of Work and Order Form shall be provided to Jaclyn Smith, Police Department, to forward to Flock Group Inc. SECTION S. This Resolution shall take effect in accordance with law. PASSED AND ADOPTED this 16th day of April 2024. ATTEST: Maylee Ue Jesus, IMF& MMC. City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 113 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri Flock Safety Professional Services Implementation Services Statement of Work For FL - Boynton Beach PD FlockOS Elite Effective Date: 5.6.24 Revision: 1.2 SOW Version: 1.2 Drafted by: Louie Rabenold Introduction This Statement of Work ("SOW") is between Boynton Beach Police Department ("Customer") and Flock Group Inc ("Flock Safety"). This Statement of Work is governed by the Master Service Agreement with Flock Safety and Boynton Beach Police Department. This SOW defines the scope of the services that Flock Safety will provide to the Boynton PD. This Statement of Work provides definitions and mutual understanding of the work to be completed. Project Summary Flock Safety will implement Flock OS Elite for Boynton Beach PD.This implementation includes the following: • Community Engagement Website allowing the Community to Register, Integrate or Purchase cameras. • Custom map layers brought into FlockOS map. • BWC - Axon Body3 x (175) maximum for live location tracking on the FlockOS Map. o Does require the GPS to be enabled on the BWC • Fleet Integration - Axon Fleet3 (100) maximum for live location on the FlockOS Map. • CAD Integration of existing Mark43 system into FlockOS o Call details o Priorities 1281 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri • Call notes • Units • Agency • Address • Integration of 650 streams via Avigilon Windows based Server integration. • 17 Avigilon Servers located throughout the city. • Servers are all windows based and reside on the City Network. • Servers are all accessible from the PD location and have internet access. Descriptions of Services The following services will be provided as part of this Statement of Work. Any Services not described herein will require a Project Change Request (PCR). Project Readiness Services Flock Safety will provide a Technical Project Manager for engagement that will be responsible for the following tasks: • Reviewing Statement of Work and contractual responsibilities of both parties with the Customer's lead point of contact. • Providing project plans to the Customer and updating the plan during the length of the engagement. • Measurement and evaluation of the progress. • Handoff upon project completion Configuration and Validation Flock Safety Implementation technicians will implement the following as per the FlockOS tier purchased: ELITE Community Access • Configure the Community Cameras as discussed in this document • Enable Unlimited Users Network Access • State Network (LP Lookup only) • Nationwide Network (LP Lookup only) Vehicle Fingerprint Search Features • Time and location based 1282 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri • License Plate look -up • Vehicle Fingerprint Search (for devices within jurisdiction) • Vehicle Fingerprint Search (for devices owned/shared) • Flock Insights/Analytics • Convoy Search • Visual Search • Multi -Geo Search Realtime Features • Configure ESRI Based map Interface • Realtime NCIC alerts on Flock ALPR cameras • Unlimited custom hot lists • Custom hot list deconfliction portal • Hot list attachments • Unlimited vehicle description alerts • Real-time routing Jurisdictional Context • Wing Gateway, Wing Cloud, Wing VMS purchased by LE • Custom Map Layers • AVL Connection • CAD Connection • Body Camera/Dash camera integration (coming soon) • Floor Plans • Camera Registry Program (Branded community site and camera locations on Map layer) Additional Features • SSO (single sign -on) Video Feeds • Configure up to (650) video feeds within Flock OS Elite package • Enable Live view and Replay on all video feeds. Flock Safety Wing VMS will provide access to Avigilon Live and Recorded footage. Out of Scope: • Physical installation of any product not supplied by Flock. • Software changes/configurations outside of FlockOS. • Network configurations outside of Flock standards. 1283 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri VMS Integration • Avigilon VMS 0 17 Windows based Servers o Locations throughout the city o All communicate over the City LAN o No web -endpoint currently installed (information provided to customer by SE) o Access to all 17 servers will be accommodated by the city. o Customer to provide locations for all 650 Streams to be located on the Flock Map accordingly. o Customer will provide Site Health Reports for all 17 Avigilon Servers which will include: ■ Server IP Addresses ■ Camera Names ■ Camera IP Addresses Project Conditions • Project Timeline is dependent upon the information supplied by the customer. All information that is asked by Flock Safety, is required to be completed prior to Flock Employee onsite. • Streams will be available within 5 business days of Flock product installation. • A completed statement of work will include the FlockOS Elite package. All streams and products purchased will be installed or implemented via Flock Safety. Third Party cameras integrated will be available on the Flock Safety network. This may exclude change orders and or individual stream troubleshooting. • Wing gateway install requests will be completed according to a rolling 90 day schedule. • Flock Safety will develop a community partnership website for camera registrations and additions in accordance with Flock Standard Templates unless otherwise stated in this SOW. • Flock Safety will be onsite quarterly to install Wing Gateways. There will be 4 install visits that will be planned with Flock and the Customer. o Wing Gateway installs are scheduled typically on a quarterly basis and will depend on the amount of requests for the Gateway. o Gateways require a Flock Integration Manager to visit the sites in person so Flock would prefer to visit the area for multiple deployments rather than 1 at a time. Work Breakdown Resource Onsite Remote FlockOS Elite Package Sales Engineer, X X Integration Manager 1284 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock i ii Upgrades/Enhancements Implementation Services Purchased Number of Streams Wing VMS Integration 650 Streams Payment Terms Services will be invoiced as per the terms on your Flock Safety quote and contract. Flock Safety Professional Services labor rate is $250 per hour for all services above and beyond those purchased and outlined in this statement of work. Acknowledgement and Approvals Upon completion of this SOW, no additional services are due to the Customer under this SOW. The parties, through their authorized representatives signed below, hereby agree to the terms of this Statement of Work as of the Effective Date. Flock Safety Name Nikki Bailey Title Manager, Solutions Engineering Signature D—S,gn.d by: Ba Date 989D531CC709a8A... 5/6/2024 Customer Name Name Title Signature Date 1285 n Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 F] 1275 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 f �1"ock safety ORDER FORM This order form ("Order Form") hereby incorporates and includes the terms of the previously executed agreement (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. This additional services Agreement will be effective when this Order Form is executed by both Parties (the "Effective Date") Customer: FL - Boynton Beach PD Legal Entity Name: FL - Boynton Beach PD Accounts Payable Email: Address: 2100 High Ridge Road Boynton Beach Florida 33426 Hardware and Software Products Annual recurring amounts over subscription tenn Flock Safety Flock OS F1ockOSR Elite Package Flock Safety Video Products Flock Safety Wing TM VMS Initial Term: 29 Months Renewal Term: 24 Months Payment Terms: Net 30 Billing Frequency: Annual Plan - First Year Invoiced at Signing. Retention Period: 30 Days Included 1 Included Included 650 Included Subtotal Year 1: $30,000.00 Annual Recurring Subtotal: $30,000.00 Discounts: $89,625.00 Estimated Tax: $0.00 Contract Total: $60,000.00 Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Tern:') unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. Special Terms: This Agreement supersedes previously executed agreement on 3/27/2024 between the Parties, relating to the provision of services for FlockOS - Advanced by Flock to Customer and any exhibits attached thereto or incorporated therein by reference. Any estimates provided on credits are subject to change based on payment for INV -37388 and execution of new contract. Estimated credit in the amount of $8,000.00 to be applied to initial pilot (5 months). 1276 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 Billing Schedule Bill Initial Pilot (5 Months) $8,000.00 Pilot Total (including Estimated Credit) $0.00 Year 1 At Contract Start (Due 10/1/2024) $30,000.00 Annual Recurring after Year 1 $30,000.00 Contract Total $60,000.00 *Tax not included Discounts 1277 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 Product and Services Description FlockOSTM I Flock Safety's situational awareness operating system. I The Term shall commence upon execution of this Statement of Work. FlockOS Features & Description .q Installation on existing One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with infrastructure the Flock Safety Advanced Implementation Service Brief. Professional Services - Standard One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance Implementation Fee with the Flock Safety Standard Implementation Service Brief. Professional Services -One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with Advanced Implementation Fee the Flock Safety Advanced implementation Service Brief. FlockOS Features & Description 1278 .q Wing Gateway, Wing Cloud, Wing VMS Unlocks access to purchase Wing. Custom Map Layers The F1ockOSk Map is powered by SSRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data. Axon BWC (Body Worn Camera) Locations Locate patrol officers and their BWC device statuses in one unified map view, optimizing coordination and response times. Map PDF Attachments Access a customizable, fully -hosted camera registry website to quickly identify nearby video sources during Camera Registry Program incidents. Strengthen community tics by incorporating fixed camera feeds from local schools, businesses, and neighborhoods. The interactive map lets you spot relevant cameras so you can easily contact camera owners to assist in investigations. Automatic Vehicle Location (AVE) Connection Boost situational awareness by displaying the Automatic Vehicle Location of patrol vehicles or other assets. This feature ensures resources are effectively allocated and response times are minimized. Computer Aided Dispatch (CAD) Connection Seamlessly incorporates your CAD system into FlockOS©. This crucial connection ensures that calls -for - service, locations, and actionable intelligence are displayed side-by-side, driving efficient call resolutions. Floor Plans Equip officers with detailed indoor layouts by layering building floor plans on the interactive ESRI-based map, enhancing tactical decision -malting during incidents. Drone Video Integration Access live drone video feeds, locations, and device statuses in one unified map view, increasing situational awareness and driving safe responses to critical incidents. Law enforcement agencies that already have an account with FirstTwo can enhance their Map by integrating vital intelligence to drive more informed responses. When there's an incident, like a FirstTwo Connection License Plate Recognition (LPR) alert or a Computer Aided Dispatch (CAD) Call for Service. FlockOS will show markers on the buildings near the incident. By clicking on a building marker, information about the residents in that building will be displayed. This includes their names, ages, addresses, and a link to FirstTwo for phone numbers and additional details. Enhance collective response and communications across your geographical region by pooling resources, Regionalization Support technology, and intelligence. With FlockOS© Elite, you can share integrated CAD systems and cameras with neighboring agencies to coordinate quick responses to emerging threats and crime patterns, creating a safer community for residents in your broader area while maximizing resources. Real -Time Routing Promote safety by utilizing camera streams and vehicle history to predict a vehicle's direction of travel, minimizing the risks associated with vehicle pursuits. SSO Ability to sign into the Flock Safety platform via Okta Single Sign On (SSO). This increases login speed and information security. Wing Gateway, Wing Cloud, Wing VMS Unlocks access to purchase Wing. Custom Map Layers The FlockOS® Map is powered by ESRI, which offers the ability for 3D visualization, viewing offloor plans, and layering of external GIS data. Axon BWC (Body Worn Camera) Locations Locate patrol officers and their BWC device statuses in one unified map view, optimizing coordination and response times. Map PDF Attachments Access a customizable, fully -hosted camera registry website to quickly identify nearby video sources during Camera Registry Program incidents. Strengthen community ties by incorporating fixed camera feeds from local schools, businesses, and neighborhoods. The interactive map lets you spot relevant cameras so you can easily contact camera 1278 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 1279 owners to assist in investigations. Automatic Vehicle Location (AVL) Connection Boost situational awareness by displaying the Automatic Vehicle Location of patrol vehicles or other assets. This feature ensures resources are effectively allocated and response times are minimized. Computer Aided Dispatch (CAD) Connection Seamlessly incorporates your CAD system into F1ockOS9. This crucial connection ensures that calls -for - service, locations, and actionable intelligence are displayed side-by-side, driving efficient call resolutions. Floor Plans Equip officers with detailed indoor layouts by layering building floor plans on the interactive ESRI-based map, enhancing tactical decision-making during incidents. Drone Video Integration Access live drone video feeds, locations, and device statuses in one unified map view, increasing situational awareness and driving safe responses to critical incidents. Law enforcement agencies that already have an account with FirstTwo can enhance their Map by integrating vital intelligence to drive more informed responses. When there's an incident, like a FirstTwo Connection License Plate Recognition (LPR) alert or a Computer Aided Dispatch (CAD) Call for Service, F1ockOS will show markers on the buildings near the incident. By clicking on a building marker, information about the residents in that building will be displayed. This includes their names, ages, addresses, and a link to FirstTwo for phone numbers and additional details. Enhance collective response and communications across your geographical region by pooling resources, Regionalization Support technology, and intelligence. With FlockOS® Elite, you can share integrated CAD systems and cameras with neighboring agencies to coordinate quick responses to emerging threats and crime patterns, creating a safer community for residents in your broader area while maximizing resources. Real -Time Routing Promote safety by utilizing camera streams and vehicle history to predict a vehicle's direction of travel, minimizing the risks associated with vehicle pursuits. SSO Ability to sign into the Flock Safety platform via Okta Single Sign On (SSO). This increases login speed and information security. 1279 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Customer: FL - Boynton Beach PD �pDo�c�uuSigned by: & By: E�aII�A1247 . BY Mark Smith Name: General Counsel Title: 5/30/2024 Date: Name: Title: Date: PO Number: 1280 ffock safety Sole Source Letter for Flock Safety'"ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera. The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features: Vehicle Fingerprint TechnologyT'": o Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to 'Save Search' based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description o Only LPR provider with "Visual Search" which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo o Falcon FlexT": an infrastructure -free, location -flexible license plate reader camera that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge 2. Integrated Cloud -Software & Hardware Platform: o Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass o Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection o Utilizes motion capture to start and stop recording without the need for a reflective plate 125 ffock safety o Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc. o On device machine processing to limit LTE bandwidth consumption o Cloud storage of footage o Covert industrial design for minimizing visual pollution 3. Transoarencv & Ethical Product Desian: o One -of -a -kind "Transparency Portal" public -facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system o Built-in integration with NCMEC to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to "opt -out" of being captured 4. Intearated Audio & Gunshot Detection: o Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots 5. Live Video Intearation: o Ability to apply computer vision to third -party cameras using WingTm LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety FalconTm ALPR cameras o WingT' Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud -based situational awareness dashboard to increase response time in mission -critical incidents o Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety's WingTM Suite o Access WingTmReplay to unlock enhanced situational awareness with 7 -day footage retention, Hot List Live Video Instant Replay, and downloadable MP4 6. Partnerships: o Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com o Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon's Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety's Falcon cameras o Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost fi f+U ffock safety 7. Warranty & Service: o Lifetime maintenance and support included in subscription price o Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation o Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues Thank you, AA6___I Garrett Langley CEO, Flock Safety 127 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all Sole source Purchases Sole Source Definition - Commodifies 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. Muestor Department Division --11-1— .. ......... Point of Contact Phone Du mber Dndor -- 6 - —"—"--"'– Company Name Address �–ho—ne Number' . ......... .............. _Police Department . ..... Operations . .... . ............... Assistant Chief John Bonafair ........... — — -------- 561-742-6135 ....... . . . Point of Contact and Title What other vendors were contacted? (List company name, contact and phone number and explain why they were not suitable) Product or Service Product/Service Name Flock Safety 1170 Howell Mill Rd. NW. Suite Atlanta, GA 30318 917-509-5611 Samantha Santucci, Flock Safety The Flock safety ALPIR camera and devices & Integrated Audio & Gunshot Detection 1 128 Purchasing Division de Source Justification Form 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) W Yes [I No This Is a sole source because (choose any that apply): E] Sole provider of a licensed or patented good or service Mg Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. [3 single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) rl Single Source of factory -authorized warranty service ❑ Sole provider of goods or services that will most the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendorldistributor 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.) 11�hai . ..... . ................... ... necessary features does this vendor provide which are not available from other vendors? Please be specific. sob amuftnturerand developer a(the Rack Safety ALPR Camera. Roa Safety It do* Meade pmWder oleo ocnprehenah* MMM", protea ft, BrXimachns vtabn OwWcm Wtjd% integrate with the Fw $af* N" Caereag. Fkmk So" to ft only LPR prowlifer to d0deffy pailmor v#11% A)= to be nrOwly and deadly haftraW k1a EvIclanceAWn Rack Safety Is the only LPRpr*A*rto be AdlyNeWated hft a dynamlo rahmitalAxons Fleet maNia NPR ewrom for paW cam and Fbd&%Wp Falm Ovenevas. . . . . ... . ................ . . . --," --'— ............... . ....... . . ...... . . Attach documentation to substantiate this sole source claim including but not limited to: vendor quotas, product manuals, sole source letters, and patents or copyrights. ......... . .. . .... My departments recommendation for a sole source purchase is based upon an objective review of the productiservice 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 them are other 1. Department Director Sophia Stewart Signature —........... . . . .......... . . . ............. ...... Cate . ate. ..... . . 2. Purchasing Manager/Finance Director Bls6d on the information provided in Sections A and B and the attached supporting docuI recommend M do not recommend this being certified as a sole source. C1 Required 1 not required n to be advertised for a period of 7 business days before award. Rinnoti ira Dat KO 129 1 RESOLUTION NO. R23-115 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 3 - 5 YEAR AGREEMENT WITH FLOCK GROUP INC. FOR THE FLOCK SAFETY 7 FALCON AND FLOCK SAFETY RAVEN SYSTEMS FOR THE TOTAL 8 AMOUNT OF $198,500; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Police Department seeks to expand the use of ALPR technolocim 12 detect and locate vehicles, Used in criminal activity by entering into a three-year agreement 13 with Flock Group Inc.,- and 14 WHEREAS, Automated License Plate Recognition systems can autotriatically notify 15 police officers the location of vehicles of interest, assist with investigations and provide critical 16 information for successful proseCLItion; and 17 WHEREAS, this agreement will add additional fixed camera locations throughOUt the 18 City and that data will be cross- referenced against multiple databases to include hotlists that 19 will aid in investiqatioris„ and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deerns it to be in the best interests of the City residents to approve 22 and authorize the City Manager to sign a 3 --year agreement with Flock Group Inc, for, the 23 Flock Safety Falcon and Flock Safety Raven systems for the total amount of $198,500. S('ATFSO\ A preemcws\Agucinew with Hmk. Gioup , kcsoklmx i Rif 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this ReSOILIti0r) upon adoption 29$gc n 2. The City Commission hereby approves and author izes the City jig_ 30 Manager to sign a 3 -year, agreement with Flock Group Inc. for the Flock Safety Falcon and 31 Flock Safety Raven systems for the total aniount of $198,500. A copy of the Agreement is 32 attached hereto as Exhibit "A." 33 Section 3. This Resolution shall become effective, inimecliat6y Upon passage. 34 PASSED AND ADOPTED this 5th day of September, 2023, 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AT" 50 51 52 May'lee D sus, M 6S 53 City Clerk 54 55 56 (Corporate Seal) 57 58 59 Mayor --Ty Penserga Vice Mayor - Thomas Turkin . .......... 1 Commissioner - Angela CrUZ ................... . .......... Commissioner - Woodrow L. Hay Commissioner - Aimee KeHey S wth Hock 6roup - Rem) doex w S David N. Tolces Interim City Attorney 131 Oacu&gni Enveiope MF,941 CE-B77'7-4701-BD,31-24FC69F28151 At Hock Safety, technology unites taw enforcement and the communities, they serve to elimi,na,te crime and shape a safer future, together, We, created the first public safety operating' system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city tau solve and prevent crime, Our connected platform„ comprised of Ucense Plate Recognition (LPR)l, five video, audio detection, and a suite of integraflons 11AVL, CAD & more)i, alerts law enforcement when an incident OCCUtS and turns unbiased data into objective answers that Increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human 1privacy, loin thousands of agencies reducing crime with Flock SafetVs public safety operating system 2000+ 120 18,+ <60%* communifles, with prArdte- incident alerts / minute 1B+ vehicles detected <60% local crime reduction public partnerships month In, Hock cities "Accor61ng to a, 20,19 study conducted by Cobb County Police Department =1-M= Laver Intelligence to SOve More Crime The pathway to a safer future looks, different for every community, A5 such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn, officer count, and budget. These components, make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data, into a panoramic view of your jurisdiction and help you zero in, on the leads that solve more cases, prevent fuiture crimes, and, fo�s�tier trust in the communities you serve. Flock Safety's out-of-boxsoftwaire platform collects and makes sense M visual, audio, and situational evidence across your entire network of devices, i 19N DocuSign Envelope ID, F94BCE5D-B7774,701-8lD31 -24FC69F2BDS I 134 ON!il IN Simplified Search Get a complete view of Ml activity fled to one vehicle in your network of privately and publicly owned cameras. The ius,er-frienidly, search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using, patented Vehicle fingerprint technology, Search filters include: * Vehicle make 0 Body type, 0 Color 0 License plates * Partial tags * Missing tags * Temporary tags * State recognition 6 Decals 0 Burnper stickers II 0, Back racks 0 Top racks National and Local Sharing Access 1,B+ addiflonall plate reads each month without purchasing more camleras,. Solve cross-luriscliction crimes by opfing, into, Flock Safety's sharing networks, mcluding, one-to- orre, naitioriall, and statewide search networks, Users can also receive alerts from severa l external LPR dataksases: California SVS FOLE Ft Expired Licenses rt Expired Togs FL Sanctioned Drivers FL Sex Offenders Georgia DOR 11. SOS Winois Leads NCIC NCMECAmber Alert REPS CCLC FBI Real-time Alerts Receive SMS, emali, and in -app notifications for custom Holt Lists, NCIC wanted lists, AMBER alerts, Silver alerts,, Vehicle Fingerprint matches, andl more. interactive ESM Map View your AVL, CAD,, traffic, and I.P'R alerts alongside live on, - scene video from a single interactive map for a birdseye view of actJvity in your judscliction, Vehicle Locabon Analysis Visualize sequentiat Hot List alerts and the direction, of travel to gu.wide officers tan find s tj s pect ve hicies, faster. 134 . .............................. . .......... 1-11,111,111,111-111,Ill""I'll"'I .......... . .. ... Out -of -Box Software Features (Continued) Transparency Portal Establish community trust with a public -facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology. Insights Dashboard Access at -a- lance reporting to easily prove RRL discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact. Native MDT Application Download FlockOS to your MDI's to ensure officers never miss a Hot List alert while out on patrol, Not List Attachments Attach relevant information to Custom Not List alerts, Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes, When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information. Single Sign On (SSO) Increase your login speed and information security with Okt!a or Azure Single Sign On (SSO), Quickly access critical information you need to do your job by eliminating the need for password resets and steps in the tog -in process, 135 DocuSrgn Enve[ope )D�! F94BCE5D.B777470�1-8lD31•24FC69F2BD51 ii 1� 1 i mijil OEM= I= The Nock Safety Fa[con* LPR camera, uses Vehicle fingerprint'" technology to transform hours of footage into actionable evidence, even when, a license plate Nn't visible, and sends Hot List alerts to law enforcement users when a suspect Vehicle is detected, The Falcon has fixed and location -flexible deployment options with 0% more accurate reads than leading LP g, "Results from, the 2019 side-by-side comparision, test conducted by LA Counity Sheriff's Department FliackSafety Falco n*LP,RCarner�aI Flock Safety Fallcorn IF lex Flock Safety Falcon* LR Fixed, Wrastructure-f ree LPR camera, Location -flexible LPA carnera designed Long-range, high-speed, LP,R camera designed for permanent placennent, for, fast, easy self -installaflon, which is that captures license plates and VeNcle ideal for your ever -changing Hngerprint data for increasing investigative needs. investigative leads an high-volurne V 1, Standard Lip Camera roadways like highways and interstates, V I LPR Canter* of Unlimited LTE data servlce,+ Flock 05 V1 Long -Rage LP'R Camera platform, licenses V Unkmited LTE data service 4, software licenses V Computing device in protective poly V 1 DOT breakaway pole V 1 portalble, mount with vzuying-sized Case V Dual scalar panels hand cAamps V AC Power V Permitting, installation, and ongoing V 1 Charger for initernail baittery, V Permitting, linstaflation, and ongoing maintenance maintenance I1 ha,cishell carrying, case I l ocuSin Enveiope III F94BCE5-B77747011-603'1-241 Flock Safety is more than a technollogy veindoir; we are a partner in your mission to build a safer future, We work with thousands of lawenforcement agencies across the US to build stranger, safer cornmunifies that celebrate the hard work of those who serve and protect, We don't disappear after contracts ar,e signed; we pride oursOves on becorn4i,g an extension of your hard-working, team as part of our subscription service. Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on, your needs. Our Permitting Tearn and Installation Technicians wfll work to get your device network approved, instailed, and activated, User Training, + Suppoirt, Your designated Customer Success Manager will help train your power users and ensure you maximiziethe platform, while our customer support team will assist with needs as they arise, Maintenance We proactively monitor the health of your device network. if we detect that a device is offfine, a full-time techniclan, will service your device for no extra charge, Note. O,ngoing maintenonce does, not apply to Folcon Flex devices. Pubhc Relaflons Government Affalr5 Get support educating your stakeholders,, includlnig c!ity coluncli% and other governing bodies, Media Relations Share cirlmes solved in the local rnedia with the help of: our Pubilc Relations team, i ICYA DocuSgIn Envetope IID; F94BCE5D�-B77'7-4701.,9D�31-24FC69F21BD51 0 01, u Ar --U IS Hardware and Software Products Annuall recurfing atnounts ovei,5ubscriptirm to en nock Safety Floek OS FlockOS r" Ircluded I Induded Mock Wely LPR Producis Flock Safety Falcon Pty Incluckil 110 Hmludcd H; oc k SafetyA m dio P raducts, B)ck Safety Raven (,Kj , Ii rani hicluded i Hann; uded Professional Servives and One Time Purchases Mock Safety Prafessional Svriirts, Profc"iuinat SenIces, - Standard tsnnpnHn,areuwua anucun'ec S-4m),wi t0 S3,500,00 Subtotal Yeur to S68,5010,00 EXHIBITA, S65,001ROO DjscounW S3,000,00 ORDER FORM WOO ' 'ustumer, IT - Dotoeich I' lifial mv 3t7 M mWis Legal, ["'Toily Name: FL - Boymon Beach PD HemcwaG Tenw 24 Mcafths Accounts llayabte FuNuk bonaffiijPjy'bbfl us Payuciu Tcrmte Nei 30 AdAftew 2100 High Uge Road Boyrium Beh, Hurida B011ing Frcqwocy. Ani'mal Plan - himi Year lnvoaccdl at Sping 33426 Reforifim Pefio& 30 Days Hardware and Software Products Annuall recurfing atnounts ovei,5ubscriptirm to en nock Safety Floek OS FlockOS r" Ircluded I Induded Mock Wely LPR Producis Flock Safety Falcon Pty Incluckil 110 Hmludcd H; oc k SafetyA m dio P raducts, B)ck Safety Raven (,Kj , Ii rani hicluded i Hann; uded Professional Servives and One Time Purchases Mock Safety Prafessional Svriirts, Profc"iuinat SenIces, - Standard tsnnpnHn,areuwua anucun'ec S-4m),wi t0 S3,500,00 Subtotal Yeur to S68,5010,00 Anintial Recurriag SublotAh S65,001ROO DjscounW S3,000,00 Estimated Tax; WOO Contrad TWA: S 198,5001 00 Tarew shown abovcr are provided as an tshniate, AcbrW fau"V are Ihe reipaosibdiol (Y Ow Crammer 77skv Apeemuml will aueomancall), renewfiw- wectuOve re"cival lems of 11he Arewer ol ome), ym or the femgrh seifirih on div Ordrr rurm (each, at 'RemewW Terns ') modevs ondwerPar�y gives the wher Paqv mantas as f# non -ren e Kal at leam Mb,rY (3 Q) days prm u, M rhe emed q/ the dwn -ewo efa terno. Special ten ns: . t %I payrnent duc at s4ning prior to 93W23 Terms slans after Oast aunera vandafion *seem rid yeas renewal after 1 WV2024 and/or I year ftom b5i: cxv,era validmi,fion, nii,tt p,*,iiew due 1: your fium mayTKI year pa anent. ("Ormax'T WA SuJign or rved to be I year Aer Ihird fvymm 138 DocuSgni Enveuiope IU F94BCE5D-8777-4701-s31-24FCF1 Billing, Schedule Year I 1--111-11,11-1-1 ...... .... ----- -- Al Canlrad!Signmg w Annual Recurring after Vvar I S63000AW ....... CantraWfolal S1 9 .,500 00 "I'vix nol includo: Discounts Flock SaMy Adid-ons 139 Unit Price Flock Safety Falco..n . . . .......... . ... $,3,0100 AUDIO iVi Safety Raven - I sq mille $; 5,000 �FLOCOS Essentials Ter Unfimited 139 Product and Services Description FlockOS Features & Description Package: Essentials ttI'll 11 llttl 1 ,,ttrtV,I 1111111 11 W lI1 11 111 III , BEEN Contraunity, Camerm (Full Access) mom= Access to all privatdy ow,ned Flock devices xidwin your jurisdiction that have been shared with you. .... ........ Unlimited Users Unhinped users fin FI(xkOS State Network (LP Lookup Only) -t — - ------- ..... . . .......... Nflows agencies to look up ficense ptatcq on all catneras opted to to dw statewide flock netvv± —w -k- --- ' —AHows"a,g "n"a-t—iow'i'w'— -e —F]ock-i,k,,ark w-i"i-lc N c w-a'r,k(-L-P- ar"W'v-io-s t'o'o p`B-a,te-,-o--r%-a-"lTc" to id W . ......... ... ...... . -- ------- Dir"t Share - Surroun(fing Jurisifictkni (FuH Access) Access to 01 Mack devices owned by hov enforcernent don huve been directly shared with you. Havc ability to scatelt by vehicle fingerprint, receive _hot lim alerts, and view devrevs _.cn die x Time & location Based Search . . ......... So -arch full, partial, and tempor-ary places by fitire at particular despicc tocations, . . ............ . . . . .... . ...License ]'late UK&up .......... . Look up specific licerse plate location lascaptUrCAI On Flock dcvtccS .... . ............ ---- .. ... ....... . ......... Vehicte Fingerprint Search Search firwage using VeNcle Fingerprini"A' technology. Access vehick type, make, color, license plare suite, nossing I Covered plateau, and other unique feanues, like litenpm sfickers, decabs, and rostfracks Flock Insight slAnalyrics page Flock' RcII toot to help m3ininistrators manage their LIT propiar" with device pe data, ustr and . . . . . . ......................... ratissork audits, plate read reports, hot list alert nVoris, event logs, and outcome reports. ... . . ................ Flock Safety's reaps are power"I by SSRI, which offers the ability far 317 viscuthiation, Ocuing of flom ESRJ Based Map Interface ptanls, and layciing (if external GIS data, such as City infrastructure (i e, public fticilifies, transit systcras, trtihheil, Deal mapping (t,c., precincts, counp y fines, beat maps), and Interica floor plans, (ic, hospitais, corpinate campuses, universities) `cm"cre-d-'i'n-t —the-canw-ra' .... . ------------------------ Real NCTC Altar, on Flock AL PR CanICT119 Alat scare w lacav a vle-h—icte o I 4rhatired Custom Hot Usts .............. - --- — ---------------- - -- - - - ----------- Alnhr to Wd a a O suspect's heense plate to lstorn list and get alerted wen it bpasses by a Flock caracru `El If By executing (his Order Form, Customer represcuts and warrants that it has read" and agrees to all! of the terms and conditions contained in, the Master Semices, Agreement attoched. Ilene Patties have executed this Agp-eenieni as ail the dates sel forth below. FLOCK ('#'ROUP, INC. Customer: FL - Boynton Beach PIE) DacmWg nod by B y ......... - -------------- - By� K mark Snd th Na,me: Namc: C tj 'Tfflc eneral Counsel . . ........ Date: 8/24/2023 Date: ME= 141 DocuSign Envelope IM Fc)4BCE50-B777-4'701-BD31-24IFC 69F28t)bI Master Services Agreement '['his Master Services Agreement (this, "Agreement'), is, entered into by and between Flock Group, Ine, with a place of"bUsiness at Il 70 Flowell Mill Road NW'Suite 2110, Atlanta, GA 30318 ("Flock"') ,mrd the entity identified in the signature block ("Customer") (each a "Paily," and together, the "Parties,"') on'this the 20 day of July 2023. This ALneement is effective on the date of mutual execution ("Effectit e, Date"). Parties will sign an Order Forrn (" Order ,Forfn") which will describe the Flock Services to be perfonned and the periodflor pertonnance, attached hereto ax Exhibit A. The: Parties agree as follows: REC11"ALS WHEREAS, Flock offers a software and hardware, situational awareness solution through Flock's technology Platform that upon detection is capable oficapturing audio, video, image, and recording data and provide notilicalions to Customer ("Notifications"); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, Provided bCustomer, or Flock provided Flock Hardware (as defitied below) in order to create,view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall, have access to the Footage in Flock Services, pursuant to Flock's standard Retention Period, (defined below) Flock deletes all Footage on as rolling thirty () day basi,s, except as otherwise stated on the C rder Torm. Custorner shall be responsibile for extracting, downloading and archiving Footage f-'rom, the Flock Services on its own, storage devices; and W'HEREAS, Flock desires to provide Customer the Flock Services and any access thereto, sut1ject to the ternas and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations, and evidence gathering for law enforcement purposcs, ("Permitted Purpose"). 142 DociuSigns Envelope U. F94BCED-B777-47011-8031-24FC69F2BO51 AGREEMENT NOW, THEREFORE, Flock andCustomer agree that this Agreement, and any Order Fonn, purchase orders, statements otwork, product addenda,, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement ofthe Agreement of the Parties, with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written coni munications and negotiations by and between the Parties. [IMNIMUMM Certain capitalized ternis, not otherwise defined herein, have the nicanings set forth or cross- refimrenccd in this Section I L I "Anonymized Data" means Customer Data permanently' %tripped of identi fying details and any potential personally identifiable inibmiation, by commercially available standards which irreversibly alters data in such as way that as data subject (i.e., individual person or entity) can no longer be identified directly or indirectly. 1.2 "Authorized EndUser(,�)" means, any individual eiriployees, agents, or contractors of Customer accessing or rising the Services, under the rights granted, to Ustonier pursuant to this Agreement, 13 "Customer Data" means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will, fiICILide the Footage. 1 A. "CUNIOmer Hardware" meatis the third -party camera owned or provided by Customer and any other physical elements that interact with the Embedded Softwareand the'Web Interface to provide the Services. 1, ",t,'tnbeddidVoftoiai" means the Flock proprietary sollware and./orlimmare integyated with of installed on the Flock Hardware or Customer Hardware, L6 "17ock Hardware" means the Flock device(s), which may include tlie pole, clamps, solar, panel, installation components, and any other physical elements that interact with the Enibedded Software and the Web Inter-i"ace, to provide the Flock Services as, specifically set forth in the applicable product addenda, i E K DucuS�gn Einve�ope ID: F94BCE5D-8777-4701-8D31:..24FC69F2BO51 1.7 "Floch IP" meansthe Services, the Embedded Software, and any intellectual propertY or proprietary information therein or otherwise prov,ided to Ctistoiner and/or its Authorized, End LNers, ["lock IP does not include Footage (as defined below),. I,8 "Flock Network End'User(s)" means any user of the Flock Services that Custornerauthorizes access, to or receives data frorn, pursuant to the licenses gmated herein. 1.9 "Flock Services" means the provision offlock's software and hardware situational awareness solution, via, the Web Interface, fi.')r autorriatic license plate detection, alerts, audio detection, searching irnage records, video and sharing Footage, I .10 "Footage" me,ans still images, video, audio and other data captlu-6,1 by the Flock Hardware or Customer Hardware in the course of and provided via the Flock ervices® I e I I "11ollist(s)" means a digital file containing alphanumeric licerise plate related information pertaining to vehicles ofinterest, which smay include stolen vehicles, stolenvehicle license plates, vehicles owned or associated, with, warited or rimssing person(s), vehicles suspected of'being involved with crier-iiiial or terrorist activities, and other legifirnate laweriforceinent purposes, Hotlist also includes, but is not limited to, national data (ix., NCIC) fear similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Aler,ts,, and includes matnially entered ficense plate informatimi associated with crimes that have occurred in any local ,jurisdiction. 1,1 "Installation Services" means the services provided, by Flock for installation of Flock Services, 1 , 13 "Relention Periott'nicans the tune Period (fiat the Customer Data is stored within the clo ud storage,, as specified in the product addenda. 1 . 14 "Vehicle Fingerprintl'm�" means the unique vehicular attributes captured through Services such, asp type, make, color, state rcgistration, tnissing/covered plates, burriper stickers, decals, roof, racks, and bike racks. 1.1 "j4',tb interface" means the website(s) or application s) through which Customer and its Authorized End Users can access the Semices. 144 Dow& gn Enveilape M, F'�94BCE5II - 777.4701.800 31-24FC69F2BD5I 2. SERVICES AND SI)PPORT 2.1 Provision of Access.Flock hereby grants to Custorner a noti-exelusive, non -transferable right to access the features and functions ofthe Flock Services via the Web Interface during the Terrn, solely for the Authorized End Users. The Footagewill be available for Authorized Enid Users, to access and download via the Web Interfacefor the data retention nine defined on, the Order F'ort,11 ("Retention Period). Authorized End Users wi H be required to sign up for an account and select a password and usernanie ("User 11)"). Customer shall be responsible for all acts and omissions of Authorized Endl-Ners, and any act or omission by an Authorized laud User which, including any acts or ornissions of" authorized End user which would constitute a breach of this agreement if undertakers ley customer., Customer shall undertake reasonable efft:)rts fi.,) irrake all Authorized Faid Users aware of all applicaNe provisions ('A"this Agreernient and shall cause Authorized End Users to comply with, such provisions. Flock may use the services of" one or more third parties, to deliver any pail ofthe Flock Services, (such is using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage), 2.2 Embedded Software License. Fi(.,)ck grants, (Aistomer a limited, rion-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it periains to Flock Services, solely as necessary for Customer to use the Flock Services, 2.3 Support, Services. Flock, shall nionitor the Flock Services, and any applicable device health, in order to improve perlbrinance and functionality. Flock will use commercially reasonable efforts, to respond to requests liar support within severity -two (72) hours. Flock will provide Customer with reasonable technical and on-site support and, maintenance services in-person, vi . a phone or by email at, suptiort(4)flo�ksafet�,cprn (stich services collectively ret erred to as "Support Services 2A Upgrades to Platforni. Flock may make any upgrades, to system or platfortn'thal it deerns, necessary or useful to (i) maintain or enhance the quality or delivery of Flock's products or services to its agencies, the competitive strength ol, ortnarket for, Flock's products, or services, such platform or systern's cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary fi-oin titne to tunic and will not dinunish the quality mat" the services, or materially change any, ter nis or conditions within this Agreement. 145 DocuSigin Envetope I,D, F94BCE5D-B7774701-8D31-24FC69F2BO51 2.5 l �rvice Interruption. Services may be interrupted in the event that: (a) Flock's, provision of the Services to (,,ustorner or any Authorized End User is prolubited by applicable law; (b) any third-party services requireld fin Services are interrupted; (c) if Flock reasonably believe Senrices are being used for malicious, urtlawful, or otherwiscunauthorized use; (d) there is a threat or attack on any of the Flock fP by a third party; or (e) scheduled or emergency rnainterrance (",Vervice Interruption"), block will make connric-,rcially reasonable efforts to provide written notice ofany Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as, soon as reasonably possible after the event giving rise to the Service Interruptionis cured. Flock will have no liability for any darnage, liabilities, losses (including any loss of data or profits), or any other consequences that ("ustomer or any Nuthorized End User may incur as a result of a, Service Interruption, To (lie extent that the Service Interruption is not caused by CusCorner's ditect actions or by the actions ol'parties, associated with, the Customer, the time \A,ill be tolled by the duration of the Service Interruption (for any C011tuIMOUS Suspension lasting at least one twill day). For example, in the event of a Ser-vice Interruption lasting five (5) continuous days, Otstorner will receive a credit for five (5) free days at the end of the Term. 2'.6 Service Suspension. Flock may, temporarily suspend Cus(omer's and any Authorized End User's access to, any portioru or all of the Flock 1P or Flock Scrvice if (a) there is a threat or attack on any o1" the Flock IP by Customer; (b) CAIM01110"S or any Authorized EInd User's rise of the Flock 11' disropts or poses a security risk to the Flock IP or any other, customer or vendor of' Flock; (c) (,,',ustonier or any Authorized End I.Ner is/are using the Flock 1, 1 P for fraudulent or illegal activities; (d) CusloTnerhas violated any term ofthis provision, including, but not limited, to, utilizing Flock Services for anything other 1han'the Permitted Purl)ose; or (e) any unauthorized access to Flock Services through CLIS,tomer's account ("Service Suspension"), (,ustcirner shalf not be entitled to any remedy for the Service Suspension period, including, any reirnbursernent, tolling, or credit, It" the Service Suspension was not causedby C!ustorner, the Term mill be tolled by the duration of the Service, Suspension, 2.7 H azardous Conditions. Flock Services do not contemplate hazardous niaterials, or other hazardous condituins, including, without linin, asbestos, lead, toxic or Char-nniable substances. In the event any such hazardous, materials are discovered in the designated locations in which Flock is to peribrin services, under this, Agreement, Flock shall have the right to ceasw work finniediately, i E R DocuSgri Enve�ope 11)F94BCE5D-f3777',.4701-8D31.24FC69F2,BD51 3. CUSTOMER OBLIGATIONS 3.1 Customer 0bligatiaras, blur ck will assist Custonne rAuthorued End Users in tine nation ol�" a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration infornration. Authorized End Users may tu)t select as their User ID, as name that they do not have the right to use, or any other name with the intent of inipersonation. Custonier and Authorized End Users, may not transfer their account to anyone else without prior written perritission of Flock. Authorized End Users shall not share their account usemarrie or password infonnation and must protect the security oftbe usetitante and password. Untess otherwis,e stated and defined hr this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents, of Custonier, Nuthorized End Users shall only use Customer -i ss tied ernail addresses for the creation of their User ID., Customer is responsible for any Authorized End User activity associated with its account. Custortier shall ensure that Custonier provides Flock with up to date contact inforrnation at all tinies during the Tenn of this, agreement. Customer shall be responsible, fin obtainhig and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services, Customer shall (at its own expense,) provide Flock with reasonable access and use of'Custonier facilities and Cuslonrer persontrel in order to enable Flock to perfin-rn Services (such obligations Of Customer are collectively defined as "Cuslonter Obfigafions") 3,2 Customer Representations and Warranties. Customer represents, covenants, and warranits that Customer shall use Flock. Services, only in compliancewith this, Agreement and all as plicable laws and regulations, including'but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content, 4. I)ATA USE AND LICENSING 4.1 Customer Onta. As between Flock and Custorner, all rigl'tt, title and interest in the Custorner Data, belong to and are retained solely by (",ustoiner. Custorner hereby grants to Flock, a limited, non-exclusive, royalty-ftec, irrew')cable, wotidwide license to use the CLIStot'ner Data and Perf"(,,)rm a,ll acts as may be necessary for Flock to provide the Flock Services to Customer, Flock does not own and shall not sell Custorrter Data, 4.2 Customer Generated Data. Flock tnay provide Customer with the Opportunity to pt)SI, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, niessages, 147 Docu&gni Envelope aria F94BE5�D-B777-4701SD3l�-24FCF2BD51 text, illustrations, files, irnages, graphics, photos, comments, sounds, inusic, videos, irItbrulati011, content, ratings, reviews, data, questions, suggestions, or other infilmlation or materials Produced by Cusfor ner ("'Customer Generate"D to"'"., Customer shall retain whatever legally cognizable tight, title, and interest in Custorner Generated Data. Custorner understands and acknow ledges 'that Flock has no, obligation to monitor or enforce Custotner's inteflectual property rights of Customer Generated Data, Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty -free, license to use tile, Custorner Generated Data for tile purpose of'providing Flock Services, Flock, does, not own and shall not sel,l Customer Generated Data., 4.3 A,nonny mized Data. Flock shall have the right to collect, analyze, and asionyrnize Customer Data and Customer Generated Data to the extent such anollyrnization renders the data, nesse- ident i I sable to create Anonym ized Data to use and perk)rrn the errices and related systems and technologies, including the training ofirsachine learning aigoriffirris, Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty- free right to use and distribute stich Anonyrnized Data to ionprove and enhance the Services and for other devc1opirsent, diagnostic and corrective purposes, and other Flock ofi'erings, Parties understand that the aforementioned license is, required for continuity cul` Ser vices . Flock doe-, not own and shall not sqLI Anc�inmig d Dallas 5. CONFIDENTIALITY., DISCLOSURES 5A Confidentiality. To) the extent required by any applicable public records requests, eacil Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or finaricial infonnation relating to the Disclosing Party's business (here ina fier referred to as " "rel prietti,)y,lttji)i�itialit)io" of the Disclosing Parly). Proprietary Infinmiation of'I'lock includes non-public inif'onliation regarding 1"eatures, functionality and perforniance oft ue Sm aces. Proprietary Infi.)rmation ol'Custonler includes non-public data provided by (',iistorner to Flock or collected by Rock via Flock Services, which includes but is not limited to geolocation filforination and envirownerstal data collected by sensors. The Receiving Party agrees: (i) to takethe sarne security precautions to protect against disclosure or unauthorized, use ol"such Proprietary Information that the Party takes with its own Proprietary information, but in no event less than commercially reasonable precautions, kind (ii) not to use (except in pertomiance of the Services or as otherwise permitted herein) or di vulge to ally third Gerson any 148 Docu&gn Envelope ID° F94BCE5D-B7774701-8D3'1-24FC69F2BDSI such Proprietary Infionnation, The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt trona the Disclosing, Party; or (c) was rightfully disclosed to it without restriction by a third party; (d) was independently developed without use of any proprietary Information of the Disclosing Party; or (e) information that is otherwise releasable, and not exempt or confidential, under Florida law, Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Inforniation pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice ol'such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage niediurn), together with any copies thereof, wbcn no longer needed for the purposes above, or upon request frons the Disclosing Party, and in any case upon termination of the Agreement, Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. 52 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns, nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing {:or any purp o in Flock's sole discretion. Customer and Authorized End Users shall not: (i) copy, or duplicate any of the Flock IP; (ii) decornpile, disassenible, reverse engineer, or otherwise attempt to obtain or perceive the source code froin which any software component of any ofthe I -lock If' is compiled or interlireted, or apply any other process or procedure to derive the source code of any software included in the Flock fill; (iii) attempt to modify, alter, tamper -with or repair any of the Flock IP, or attempt to create any derivative product frons any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working ofany of the Flock JP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise cucumber, Customer's rights. There are no implied rights. 149 Cho cu&gn Enveiope ID: F94B0E5D-B777-4701-8D31.,2.4FC69F2B1 1 .5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may, access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, iflegally required to do so or ifFlock has a good faith beliefthat such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fad or technical issues, or emergency situations. 6. PAYMENTOF FEES 6.1 Billing and Payment of Fees. ("Jistoiner shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form, If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problern appeared to receive an adjustment or credit. Custorner acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock nray, without bunting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days' prior written notice to Custorner of the payment delinquency before exercising any, Suspension tight, 6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for Subsequent Renewal Tenns by providing sixty (60) days' notice (which nray be sent by ernail) prior to the end of the Initial 'rerni or Renewal Terni (as applicable). 63 Late Fees. If payment is not issued to Flock by the due (late of" the invoice, an interest penalty of 1.0% of any unpaid amount may be added fior each nionth or fraction thereafter, until final payment is made. 6.4'raxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Custoiner provides Flock a, legally sufficient tax exerription certificate and Flock shall not charge customer any taxes frorn which it is exempt. If any deduction or 150 DocuSign Envelope ID Fq4BCE5D,-8777-4701-8031-24FC69F28051 withhold,ing is required by law,, Customer shall notify Flock and shall pay Flock any additiotial, arnourus, necessary to ensure that (tie net amount that Flock receives, after any deduction and withhoWitig, equals the aniount Flock would have received if no dedUCtion or withholding had been required. 1 11-1 M 100 IN V Of 3A INTAMM '7,1 Terim. 'rbc initial term oft,his Agreement shall be torr the period oftime set forth oti, the Order F'orm (the "Term,"), Following the "Ferrn, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms ofthe greater of one year or the length set forth on the Order Form (each, a "Reneival Term") unless either Party gives the other Party notice ot"non-renewal at least thirty (30) days prior to the end ofthe then -current term. 7.2 Termination. Upon terniination or expiration of this Agreement, Flock will remove any. applicable Flock Hardware at a comniercially reasonable time period. In tlie event of airy 1,11aterial bmach of this Agreement, the non -breaching Party inay terminate this Agreement prior to the end of the Terre by giving thirty (30)ulna ys Prior written notice to the breaching Party; provided, however, that. this Agreement will not ternrinate ifthe breaching Party has cored the breach Prior to the expiration of such. thirty (301) day period ("Cure PeHotr'). Either Party may terminate this Agreenactit (i) upon the institution by or against the ottier Party of itisolvency', receivership or bankruptcy proceedings, (ij) upon the outer Party's making an assignment for the beriefu of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event ofai material breach by Flock, and Flock is unable to cure within, the Cure fleriod, Flock will refund Customer a pro-rala portion, ofthe pre -paid fees for Services not received due to such termination. 7.3 Survival. The l'ollowing Sections will survive termination: 1,3, 5, 6, 7, 83, SA, 9, 11.1 and, 11 A 151 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER K I Manufacturer Defect. Upon a malfunction or failure of"Flock Hardware or Embedded Software, (a, "Dij*ci`), Customer must notify Flock's technical support team, ]it the event of a Deilect, Flock shall make a commercially reasonable attempt to repair m replace the defective Flock Hardware at no additional cost to the Custorrier, Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing Within a commercially reasonable tinie, but no longer than seven (7) business days after Customer gives notice to Flock. 8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall flee schedule ()IqR� /Avwwjlqcksq corn/rei ris tat I - fie e-sch edu 10. In the event that Customer chooses not to, replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall. Customer receive a refund for the lost, damaged, or stolen Flock. Hardware. 8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and intC1TUPti0DS in the Set -vices and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or, for unscheduled ernergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled set -vice disruption, 8.4 Disclaimer. T14E REMEDY DESCRIBED I`N SEC110N 8.1 ABOVE IS CUSTOMER'S SOLE REMEDY, AND FLOCK'S SOLE LIA1311,1TY, WITH RESPECTTO Dr.iFECTS, FLOCK DOES NOT WARRANTTHAT THE SERVICES WILL BE UNINTERRUFTED OR E'RROR FRE"E; NOR DOES IT" MAKE ANY WARRANTY AS °T THE ItESULTSTHAT" MAY BE OBTAINED FROM USE OF 1JJE SERVICF1*S, EXCEPTAS FXPRESSLY SET FORTH IN THIS SECTION,TFIE SERVICES ARE PROVIDED "AS IS" AND FI,0CK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMIFFED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR,A 152 Docu&gn Enve4ope ID: F94BCE5D-B777-4701-8D31-2,4FC69F2BD51 PARTICULAR. PURPOSE AND NON -INFRINGEMENT. THIS DISCILAIMER ONLY APPLIES'I"OTETI EXTENTALLOWED BY "I GOVERNING LAW OF THE TATE MENTIONED IN SECTION 11,6. 8.5 Insurance, Flock will maintain commercial general liability policies as stated in Exhibit B. 8.6 Force Majeure. Parties are not responsible or liable f*or any delays or failures in perlornianec from any cause beyond their control, including, but not firnited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions. 9. LIMITAnON OF LIABILITY; INDEMNIT' 9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING "I'OTHECONTRARY, FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT"TO ANY SUBJEC"I'MA'I"I"ER OF THIS AGREEMEN'r OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGI.JGENCE, STRICT LIABILITY, PRODUCI, LIABILITY, OR OTHERTHEORY, FOR: (A) LOSS OF REVENUE, BUSNESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE OR CORRUPT, OR INACCURATE DATA; (C) COST 01'PROCUREMEN170F SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY;(D) FOR ANYANDIRECT, EXEMPLARY, INCIDENTAL, SP17CIAL OR CONSEQUENTIAL, DAMAGF.S; (E) FOR ANY MA'I"FER BEYOND FLOCKS ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT' C.IMI NAL AcriviTy iiy THIRD PARTIES OR INABILITYTO CAPTURE FOOTAGE; (F) FOR ANY AMOUNTS THAT,TOGETHER wrl-l-I AMOUNTS ASSOCIATED WITH ALL 01'Ili, R CLAIMS, EXCEEDTFIE TOTAL VALUE OF FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FORTHESERVICES UNDE.R THE FULLTERM OFT HIS AGREEMENT, IN EACI-1 CASE, WHETHER OR NOTFLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.'rHIS LIMITATION 01"LLABILITY OF 153 DocuSign EnvOope 0F94BCE5D-B7774701-803,1-24FC69F2BD51 Sl�,CTION ONLY APPIAESTO THE EXTENTALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11..6. NOTWITI-Is,rADDING ANYTHING TO THF CONTRA 4 RY, THE FOREGOING LIMITATIONS OF LIABILITYSHALL NOTAPPLY (1) M I 'rHE EVENTOFNEGLIGENCE OR WILLFUL MISCONDUCT, OR (11) (11) INDEMNIFICATION OBLIGATIONS THAT ARISE. UNI ERTHETERMS OF THIS AGREEMENT, INCLUDING, BUT NOTLIMITED T0, THOSE DUTIESTHAT ARISE UNDER, PARAGRAPH 9.3, 9,2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and ornissions of its own employees, officers, or agents, in cormcction with the performance cif their official duties under this Agreement. Each Party to this Agreement shall be liable for the direct damages resulting from torts of its own officers, agents, or employees. 93 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and crnployecs, from liability of any kind, including claims, costs (including defense) and expenses, on account of(i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the perforniance ofthis Agreement; or (n) any damage or injury to property or person directly caused by Flock's installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officer's or employees; or (in) liability for the acts and omissions cal'' its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement, 10. INSTALLATION SERVICES ANDOBLIGA"ilea 10, 1 Ownership of Hardware, Flock Hardware is owned and shall remain the exclusive property of Flock, Title to any Flock Hardware shall not pass to Customer upon execution ofthis Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Custorner is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event CUStOluer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perforrn any acts which would interfere "rith the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at 154 Dfar uSlign Envebpe ID` F94,BCE5D-877'7-4701-8031-24FC69F2BO5I Flock's discretion,, Such riernoval, if triade by Flock, shall not be deemed as waiver offlock's nghts to any damages Flock may sustain, as as result of'Custorner's default and Flock shall have the fight to enforce any other legal remedy or right. 102 Deployment Plan. Flock shall advise Customer on the location and positioning ofthe Flock Hardware for optitnal product functionality, as conditions and locations allow', Flock will collaborate with Custorner to design the -strategic geographic tillapping ofthe location(s) and implementation of Flock I-Jardware to create as deployment plan ('DeplqpnentPlan"). In the event that Flock deter -nines that Flock Hardware will not achieve optirnal functionality at a designated location, Flock shall have final discretion toa veto as specific locatioti, and will provide alternative options to Custonier. 103 Changes to � loyment Plan. After installation awl" bloc Hardware, any subsequent requested changes to the Deplc' ynient Plan, including, but not fininedto, relocating, re- posilioning, adjusfing of the triounting, retnoving fibliage, replacement, changes to heights of'poles Will inCUr as fe according to the reinstall fele schedule located at f,1www,fl(,.,wksatm ty—, Ce a ustomer will receive p�rior notice, ... � . - - 1 -1. 1.- . .... ... confirn'i approval of any such fees. 10.4 Customer Installation Obligations, Custonier is resporisible fc)r any applicable supplementary cost as described in the (.7ustorner Implementation Guide, attacl'ied, herek) as Exhibit C ("Customej, Obligations"), Custorner represents and warrants, that it has, or shall lawfully obtain, amlll necessary right title and authority and hereby Mithorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspeclions or niaintenance in connectionw,ith such installation. 10.5 Flock's Obligations, Installation oil' any Flock I lardware shall be installed in as professional nianner within as coniniercially reasonable tinic fi-oin the I'll"fective Date ofthis Agreement, Upon removal offlock Hardware, Flock shall restore the location to its original condition, ordinary wea,r and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the lengtb of the "fern. Flock may use as subcontractor or third party to perl"orm certain obligations under this agreement, provided, that Flock's use of such subcontractot or third party shall not, release Flock froni any duty or liability to ftiffill Flock's, obligations under this Agreement. IL MISCELLANEOUS 155 Docu&gn Enveiope 101, F94SCE5D.B777-470111-2,4FC69F2BO51 11, 1 Coniphance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, Policies and ordinances and (heir associated record retention schedules, including responding to any subpoena request(s). 11.2 Severability. Ifany provision of this Agreement is found to be unenforceable or invalid, diet provision will be lirnited or eliniinateld to the rninitnum extent, necessary so that this Agreement will otherwise remain in full force and effect- 113 Assignment. This Agreement is not assignable, transferable car sublicensable by either Party, without prior consent. Notwithstan,ding the foregoing, either Party may assign this Agreernent, without the other party's consent, (i) to any parent, subsidiary, or affiliate, entity, or (ii) to any Purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or SiMilaTtransaction, 11.4 Ent-ire Agreement. This Agreement, together with the Ow rder Fomi(s), the reinstall fee and any attached, exhibits are the complete and exclusive statement ofthe mutual understanding of the Parties, and supersedes and cancels aH previous or contemporaneous negotiations, discussions or agreements, whether written and oral , COMMUnications and other understandings relating to the subject matter ofthis Agreement, and that all: waivers, and modifications must be in an writing signed by, both Parties, except as otherwise Provided herein. None, of"Custorner's purchase orders, authorizations or similar cloconientswill alter the ternts of th is Agreenient, and any such conflicting tenns are expressly rejected. Any mutually agreed upon purchiase order is subject to these ternis, In'the event of" any conflict of tennis found in this Agreeniern or any other tennis and conditions, the lenns of this, Agreenient sliall PrMil. CUStolocr as Tees that Custonier's, purchase is neither contingent upon the delivery of any future functionality, or features nor dependent upon any oral or written cornsnents niadc by F'lock with respect to future functionality or feature. I 1. Relationship. No agency, partnership, joint venture, or employment is created as, as result of this Agreenient and, Parties do not have any authority ofany kind to bind each other in any respect whatsoever, Flock shall at all lintes be and act as an independent contractor to Custonler. 1 L6 Governing Law; Venue. This, Agreement shall be governedby the laws of the state in which the Customer is located. The Parties, hereto agree that venue would be proper in the choseri couns ol"the State of"which the (ustorner is located.fheParties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 156 Docu gn Envelope 0 F948 5n• 77"7-4701-8D31- 4F 6 F CY51 1 L7 Special Terms. Flock may offer certain special terms which are indicated in time proposal and will become part of"this Agreement„ t�pca4� _� t�ta��cr'� a tq r lit7t n consent and,mthe mutual execution brut aorized re resentatives ("'Special Terms"). To the extent: that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special "terms shall control, 11.11 Publicity. Flock has the right to reference and use Customer's name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9Feedback. If Customer or Authorized End laser provides any suggestions, ideas, enhancement requests, feedback, recommendations or rather information relating to time subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any, of the tareoin. 11.10 Export. C"ustonaer 'ray not remove or export 1"tome the United `Mates or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof" in violation of any restrictions, laws or regulations of'the United Mates Department of Commerce, the United Mates Department of Treasury Office of Foreign Assets Control, or any, other United Mates or foreign Customer or authority. As defined ir►Federal Acquisition Regulation ("FAR"), section 2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according to the Department of C Defense Federal Acquisition regulation ("DFAR,") section 252.2277014(a)(1) and are deemmaed to be "commercial computer soflw="° and "commercial computer software documm"mentation, " Flockis compliant with FAR Section 889 and does not contract or do business with, use any equipment, systema, or service that uses time enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of:" any system, or as critical technology' as Part of my Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of`such commercial software or commercial software documentation by the U.S. Clovernmermt will be governed solely by the terms of"this Agreement and will be prohibited excerpt to the extent expressly permitted by the terms of"this Agreement. 11.11 Headings. 'The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections. 11, 12 Author twy. Each ofthe below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and hind the Parties they are representing. 157 DocuSign Envelope V F94BCE5D-B77747011-,BD31-24FC,61.4F,2BD51 11. 11 3 Conflict. In the event there is a conflict between this Agrecinent and, any, applicable statesnent of'work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise, 11. 14 Morality. In the event Ctistomer or its agents become the sub�jccl of an indictment, coritempt, scandal, crime of i,iioral,,tear Titer deorsitiiilai-evetittliat would negativelyi,11,111,actor tarnish Flock's, reputation, Flock shall have the option it) terminate this, Agreement upon prior written notice to C'nstomer. I I ,1 Notices. All twt ices under this Agreement will be in writing and will be deemed to have been duly given when received, if'personally delivered; when, receipt is electronically confirtneld, i:1" trarr aarifted by email; the (Jay after it is sent, i f sent f6t next day delivery by recogm ized overni at delivery service, and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt re -quested, 11.116 ' r n—Appropr'iaation. Notwithstanding any other provision ofthis Agreement, all obligation ,s of the Customer under this Agreement which require the expenditure of funds, are, conditioned on the availability of` unds appropriated toy, that purpose, Customer shall have the right to terminate this Agreernent for noti appropriation with, thirty (30) days written notice without penalty or (Aher cost. FLOCK NOTIQ'IS ADDR114S&: I 170 1 H)WELUMILI, ROAI,),,'NW SUITE 2 10 ATLANTA, GA 30318 AVI'N� LEGAL DEPARTMENT EM A IL legalrf)flocksalclyxom Custorner NOTICES ADDRESS: ADDREW mum EEA IL� 158 Docu&gni Envdape ID. F94BCE6D-B777-4701-1-24FC69F2BC 1 EXill IT14 INSURANCE' Required Coverage. Flock shall procure and maintait'i ksr the duration ofthis Agreement insurance against claims for injuries to persons or damages to property that may arise firom or in connection with the performance of the services under this A�neernent and the results of that work by Flock, or its agents, representatives, employees or subcontractors, Insurance shall be placed with insurers with a current A., M. Best rating of no less than "A" and "V11". Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that (tie policies, shall reniain yin full force during: the life of the Agreement, 1'`Jock, AM], procure and shall maintain during the life ofthis AgreementWorker's Compensaflon insurance as required by applicable State law for afl Flock employees. 'Types acrd Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement; (i) Commercial General Liability insurance written on an occurrence basis with miriurium limits of One Million Dollars ($1,00101,000) per occurrenceand, Two Million Dollars ($2,000,000) in the aggregate for bodily in�jUry, death, and property damage, including personal injury, contractual liability, independent contractors, broad -form property damage, aurid product and conipleted operations coverage; (ii) Umbrella or Excess Liabilityinsurance written on an occurrence basis with Inininlurn lir lits of "Fen Million Dollars ($ 10,000,0100) per occurrence and Ten Million Dollars ($1 O,Otl,O01) in the aggregate; (iij) Professional Liability/Errors and Omissions insurance with muninarn firilits of Five Million Dollars ($5,000,0,00) per occuri-c"nce and Five Million Dollars ($5,000,000) in the aggregate, (iv) Commercial Automobile Liability insurance with a ininin'runi. corribined single linift of One Million Dollars ($ 11 1:1100,1 per occurrence for bodily iqjury, death, and property coverage, including ow,ned and non -owned and hired autornobile coverage; and 159 (v) Cyber Liability insurance written on an occurrence basis with minitnuin limits offive Million Dollars, ('$5,000,000). i U.If ffock safety W ML - FW7MMNIFFF-74 IWW;NWVINM Safety is alsoi the sole providieir of the comprehensive monitoring, processing,, and machine vision services which egiralte with the Flock Safety ALPR Caimera. System to offer the following combination of proprietary features: 1 , V Fiagq[2rJljj'jegbagjo gICO: - o Patented proprietary machine vision to anialyize vehicle license plate, state recognition, and vehicle attributes such as color� type, make andobjects (roof rack, bumper stickers, etc.) based on image anaiytics (niot car registration data�) Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a licenise plate Abil ity to "Siaive Search' based on des,cri ption of vehicles using oateniteid Vehicle Fingerprint Technology without the need for a license plate, and set up Werts based on vehicle description Only LPR provideir with "Visual Search" which can transform d'igital images from any source o, an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo 0 Falcon Flex'. an infrastructure -free, location -flexible license plate reader camera that is easy to self instaH. Falcon Fliex ties seamlessly into the Flock ecosystem with a smali and lightweight carnera with the ability to read up to 30,0100 license plates and vehicle attributes, on a single battery charge SII re � are,PIatfgrrn,, Ability to capture two (24) lanes of traffic simultaneously wiith a single camera from a vertical mass * Beist in class abi lity to capture and process up to 30,000 vehicles per day wilth single camera powered exclusively by solar power * Wireless deployment of solar powered license plate reading carneras with integrated cellular communication weighing less than 5lbs and able to be powereNN solely by a solar panel of 60W or less * Weib based footage, retrieval tool with filtering capabilifiessuch as vehicle color, vehi0e type, vehicle manufacturer, partial or full ficensei pWe, state of license pWe, and object det�ection * Utilizes motion capture to start and stop recording without the need for a refle,ctive plate 1170 Howell MHI Pd, NW , Suite'2110, Aflanta, GA 30318 ftock safety Motion detection allows for unique cases such as, bicycle capt�uire, ATV, motorcycle, etc, o On device machine processing to limit LTE bandwidth consumption Cloud storage of'fooita�gie o Covert inidustriial design for minimizing visual pollution 3. Cinei-of-a-kind"Transparency Portal" publiG-faolnig dais,hboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system L, Built-in iintegration with NCMEC to receive AMBER Alerts to find missing children Privacy controls to enable certain vehicles to "opt -out" of being captured InteairatedAudig,,A!QupishgiQqlg,clion, Natively integrated audio detection capabilities utilizing machine leamiing t o o recoNY, nize audio signatures typical of crimes in prolgress (e.g,gunshots lalpgrabom Ability to apply computer vision: to third -party cameras using Wing'u LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety Falcon"' ALPR cameras * Wing' Livestream, integrates live stream traffic camierasi, publicly or privately owned livestrearn security cameras into one 9W AW situational awareness daishboadents * Manage various government intelligence including ALPR, livestrearn cameras, CAD, automatic vehicle location! (AVL)i on Flock Safety's Wing"' Suite * Access Wing" Replay to unlock enhancedi situational awarenes,s with 7 -day fAW otage reitention, Hot List Live Video Itant Replay, and downilloadable M�P4 6, E!artijershipig: Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com i Flock Safety is the only L.PR provider to be fully integrated into a dynamic network of Axon's Fleet 3 mobile ALPiR cameras for patrol cars and Flock Safety's Falcon cameras, Access to mA and private business partners, means an ever-increasing amount of cameras and data at no additional cost 1170, Howell Mill Pid, NW, Suite 210, Abait GA 30318 i UY, ffock safety 7. Magnty & Sgryvic : o Lifetime m,aiintenance Mnd support included in subscription price c Roegrated ALPR one-s,top solution from production of the camera to defivery and installation o Performance monitoring software to predict potential falflures, obstruictiions, tifts, Than you, A44-1 MM 117'0 HoweH Mlill Pd NW - SUite 2101, Atlanta, G '18 i U -N 6.H Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-123- Approve the Piggyback Agreement with Advanced Roofing, Inc utilizing the City of Sunrise Bid No. 19 -17 -12 -HR for a total not to exceed amount of $250,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-123. Explanation of Request: Agreement Term: June 18, 2024 - May 31, 2025 Both the City of Boynton Beach Utilities Department and the Public Works - Facilities Maintenance Department utilize Advance Roofing, Inc. for roof repairs/replacements for all Utility and City buildings. The City has an existing PO for $40,000 with Advance Roofing, Inc. There were unforeseen emergency roof repairs at Lift Station 356, resulting in additional invoices of $27,960. To date, for FY 23/24, expenditures for these services total $26,480. Utilities recommends approving an increase for Purchase Order 240193 in the amount of $37,000, bringing the Purchase Order to $77,000, which will enable the utility to pay the additional invoices as well as have money for any other roof repair needs for the remaining current Fiscal Year. The Utilities Department requests a fiscal expenditure of $77,000 with a not -to -exceed amount of $150,000.00 for the term of the agreement. Public Works - Facilities Maintenance requests a fiscal expenditure of $50,000 with a not -to - exceed amount of $100,000.00 for the term of the agreement. The Piggyback Agreement authorizes a total expenditure of $250,000 for the term of the agreement. Public Works - Facilities Maintenance FY 23/24 $6,962 FY 23/22 $51,807 FY 22/21 $38,420 How will this affect city programs or services? Approval will enable Finance to increase the amount of Blanket Purchase Order 240193, which will allow uninterrupted repairs of Lift Station 356 Roof and potential damage to equipment housed inside, as well as have funds to pay for any other roof repair needs in the remaining current Fiscal Year. 164 Fiscal Impact: A Budget Transfer to complete the Blanket Purchase Order funding is as follows: Transfer of $37,000 from Repair/Maintenance Services Lift Station Repairs account 401-2816-536-46-51 to Other Current Chgs/Other Contractual Services accounts 401-2811- 536-49-17 and 401-2821-536-49-17. Attachments: R24-123 Agenda—Item — Item_ 1522- 2023_Resolution_for_Advanced_Roofing_Piggyback_Agmt.docx Exhibit A to Resolution - Piggyback Agreement - Signed by Advanced Roofing Exhibit A to Piggyback Agmt - Advance Roofing Lift Station 356.pdf Exhibit B to Piggyback Agmt - Original Bid Docs 3rd Renewal with 3.1 percent increase - 6.1.24-5.31.25 PiggyBack-Renewal Letter Purchase Order 165 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. R24-123 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN THE CITY AND ADVANCED ROOFING, INC., FOR ROOFING MAINTENANCE AND REPAIR SERVICES ON AN AS -NEEDED BASIS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, on March 20, 2019, the City of Sunrise, a Florida Municipal Corporation, issued an "Invitation to Bid" (ITB) No. 19 -17 -12 -HR to solicit responses from qualified firms with expertise in roofing, re -roofing, and roof component maintenance and repairs for which they received a total of two (2) responses; and WHEREAS, the City of Sunrise found Advanced Roofing, Inc. ("Vendor") to be the lowest responsive, responsible bidder and awarded it a three-year (3) contract, with the option to renew the contract for three (3) additional one (1) year terms, and the City of Sunrise Agreement has been renewed through May 31, 2025; and WHEREAS, the City desires to obtain Roofing Maintenance and Repair services ("Services") on an as -needed basis; and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain and repair roofing for the City's Utilities Department buildings and Public Works, and Facilities Maintenance Department buildings, the Departments are requesting the City enter into a Piggyback Agreement with the Vendor to provide roofing maintenance and repair services; and WHEREAS, the Vendor has provided the City with an initial proposal for Services, and the City desires to purchase the Service and other equipment, supplies, and services on an as -needed basis at the rates set forth in the City of Sunrise Agreement; and WHEREAS, the City desires to issue a purchase order(s) and payment directly to the Vendor for Services under the terms and conditions of the City of Sunrise Agreement; and 33 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the City of 34 Sunrise Agreement; and 35 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 36 in the best interests of the citizens and residents of the City to approve a Piggyback Agreement 37 between the City and Advanced Roofing, Inc., for roofing maintenance and repair services on an 38 as -needed basis. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT: 42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Resolution upon adoption. 44 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 45 approve a Piggyback Agreement, between Advanced Roofing, Inc., and the City for roofing 46 maintenance and repair services (the "Piggyback Agreement"), in form and substance similar to 47 that attached as "Exhibit A". 48 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 49 authorizes the City Manager to execute a Piggyback Agreement and such other related 50 documents as may be necessary to accomplish the purpose of this Resolution. 51 SECTION 4. One fully -executed original of the Piggyback Agreement shall be retained 52 by the City Clerk as a public record of the City. A copy of the fully -executed Piggyback Agreement 53 shall be provided to Howard Kerr and Taralyn Pratt to forward to the Vendor. 54 SECTION 5. This Resolution shall take effect in accordance with law. 55 56 57 [signatures on following page] 58 59 60 167 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 168 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ADVANCED ROOFING, INC. This Piggyback Agreement is made as of this _ day of , 2024 by and between Advanced Roofing, Inc., with a principal address of 1950 NW 22nd Street, Fort Lauderdale, FL 33311, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, on March 20, 2019, the City of Sunrise, a Florida Municipal Corporation, issued an "Invitation to Bid" (Bid) to solicit responses from qualified firms with expertise in roofing, re -roofing, and roof component maintenance and repairs for which they received a total of two (2) responses; and WHEREAS, the City of Sunrise found Advanced Roofing, Inc. ("Vendor"), to be the lowest responsive, responsible bidder, and awarded it a three-year (3) contract, with the option to renew the contract for three (3) additional one (1) year terms, Bid No. 19 -17 -12 -HR ("Master Agreement"), and the Master Agreement has been renewed through May 31, 2025; and WHEREAS, the City desires to obtain Roofing Maintenace and Repair services ("Services") on an as -needed basis; and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain and repair roofing for the City's Utilities Department buildings and Public Works - Facilities Maintenance Department buildings, the Departments are requesting the City enter into a Piggyback Agreement with Vendor to provide roofing maintenance and repair services ("Services"); and WHEREAS, the Vendor has provided the City with an initial proposal for Services, attached as Exhibit A, and the City desires to purchase the Services described in Exhibit A, and other equipment, supplies, and services on an as -needed basis at the rates set forth in the Master Agreement; and WHEREAS, the City desires to issue a purchase order(s) and payment directly to the Vendor for Services under the terms and conditions of the Master Agreement; and 169 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties, and will remain in effect until May 31, 2025. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services, as provided in Vendor's Proposal attached as Exhibit "A" on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. City may order additional Services pursuant to this Agreement on an as -needed basis, provided that City does not exceed the maximum amount set forth below. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "City of Sunrise" are hereby replaced with the "City of Boynton Beach." The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services ordered during the Agreement Term for an amount not to exceed $250,000.00. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable 170 P.O. Box 310 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining 171 in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 ,'r III iirllk _IIS IIII ,us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E -VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E -Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. 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. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 172 12. 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar 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. 15. 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) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub -subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be 173 based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 25. SERVICES PROVIDED IN RESPONSE TO NATURAL DISASTER / EMERGENCY. Vendor provides services that the City may require in the event of a hurricane or other disaster. Vendor acknowledges and agrees that in such event, the City may apply to the State of Florida or the federal government for funds which will be used to pay Vendor or reimburse the City for payments made to Vendor. FEMA will only 174 consider reimbursing contracts which contain the requisite FEMA provisions. Vendor desires to be eligible to be awarded disaster work and be compensated through federal funds. The City and Vendor agree that with respect to any services or work performed or provided by Vendor or its subcontractors under the Agreement arising or related to a disaster event, the provisions set forth in the FEMA Addendum (the "FEMA Requirements"), a copy of which is attached hereto as Exhibit C and incorporated herein by reference, shall apply. The FEMA Requirements shall only modify this Agreement upon the provision by Vendor of work or services required as a result of a disaster. The terms and conditions of the Agreement and the FEMA Requirements should be read to operate in concert, except where directly in conflict. In the event of a conflict between the terms of the Agreement and the FEMA Requirements, the FEMA Requirements shall govern and prevail IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA Daniel Dugger, City Manager Approved as to Form: Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk ADVANCED ROOFING, INC. fi s^ (Signature), Company Robert P. Kornahrens Print Name of Authorized Official President Title Attest/Authenticated: A�U�y (Si ature), Witness Faith Williams Print Name (Corporate Seal) 175 EXHIBIT A VENDOR'S PROPOSAL il[ EXHIBIT B CONTRACT BETWEEN CITY OF SUNRISE, FLORIDA AND ADVANCED ROOFING, INC. 177 EXHIBIT C FEDERALLY REQUIRED CONTRACT TERMS The term "Contractor", as used throughout shall mean the Contractor, Provider, Consultant, Supplier, etc., as applicable with respect to the Contract or Agreement. The term "Contract" as used throughout shall mean the underlying contract or agreement, as applicable. FEMA Requirements. The City and Contractor agree that with respect to any services or work performed or provided by Contractor or its subcontractors under the Contract arising or related to a disaster event, the provisions set forth in this Addendum (including Form FHWA-1273) (collectively, the "FEMA Requirements") shall apply. The FEMA Requirements shall only modify the Contract upon the provision by Contractor of work or services required as a result of a disaster. The terms and conditions of the Contract and the FEMA Requirements should be read to operate in concert, except where directly in conflict. In the event of a conflict between the terms of the Contract and the FEMA Requirements, the FEMA Requirements shall govern and prevail. A. Contracts to receive funding derived from federal grants must comply with federal guidelines. The federal funds appropriated by the Federal Emergency Management Agency (FEMA) will be administered through the State of Florida. B. In the event of a conflict between the FEMA Requirements listed in this section and other provisions of the Contract, the FEMA Requirements will govern and prevail. Only FEMA provisions applicable to the Contract shall apply. C. Payment. Payment shall be based on the unit rates/prices pursuant to the Contract Fee Schedule. The contractor shall submit invoices covering no more than a 30 -day period. X (1) Legal Remedies. The city may enforce any breach of contract through a city -initiated lawsuit in a court of competent jurisdiction to pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law to cure, remove, prevent, or end a violation of any provision of this article. The City shall recover its court costs and reasonable attorneys' fees in any legal proceedings commenced to enforce the contract. (2) Additional Remedies. In addition to any other remedies provided for in the contract or to which the City may be entitled at law or in equity, in the event of a breach or violation of the Contract by the Contractor, the Contractor shall be subject to debarment or suspension from consideration for the award of additional contracts from the City, including but not limited to contracts related to disaster relief or recovery, pursuant to the terms and procedures set forth in the City Code. These remedies are cumulative and the use of any appropriate remedy shall not constitute an election of other remedies by the City. The use of one remedy shall not preclude the use of any other remedy. Nothing in this article shall prohibit the City from enforcing the requirements of this article by any other legal means. E. Termination for Cause. The City shall have the right to terminate the Contractfor cause, in the event of a breach of the contract terms, upon five (5) -calendar days written notice to Contractor. In the event of termination, the City shall compensate the Provider for all authorized services or work satisfactorily performed through the termination date under the payment terms contained in the Contract. The City shall be liable for the payment of all portions of materials, supplies, services, and facility orders which cannot be canceled and were placed prior to the effective date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding, under no circumstances shall the City be liable to the Contractor for lost profits or overhead for work, materials, or services not performed or delivered to the City. All other termination provisions in the Contract shall remain applicable. F. Termination for Convenience. The City may terminate this Contract at its convenience with or 178 without cause upon written notice of termination to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all Work properly performed prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be canceled and were placed prior to the effective date of termination and other reasonable costs associated with the termination. Notwithstanding the preceding, under no circumstances shall the City be liable to the Contractor for lost profits or overhead for work, materials, or services not performed or delivered to the City. All other termination provisions in the Contract shall remain applicable. G. Changes to Contract. Changes to the Contract terms and conditions which are within the scope of the Contract, reasonable for completion of the contract scope, allowable under FEMA regulations, and mutually agreed, may be made part of the Contract by written amendment duly executed by City and Contractor. H. Eaual Employment Opportunity (Applicable to All FEMA Construction Contracts) During the performance of this Contract, the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recrUtment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 179 (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, his contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings Civil Riahts (Applicable to All FEMA Contracts) The following requirements will apply to the Contract and any sub -contracts: 180 (1) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 19671 as amended, 29 U.S.C. §623, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. (2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities, and which prohibits discrimination in the areas of employment, public accommodations, transportation, telecommunications and government services. Davis Bacon Act and Copeland Anti -Kickback Act (Applicable to Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program construction contracts in excess of $2,000. Not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program; Davis Bacon Act --40 USC s. 3141-3144 and 3146-3148, 2 CFR Part 200, Appendix II; Copeland Anti -Kickback Act --40 USC s. 3145) In situations where the Davis -Bacon Act does not apply, neither does the Copeland Anti - Kickback Act. (1) The Contractor agrees to comply with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146- 3148) and the requirements of 29C. F. R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. (2) The Contractor agrees 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. (3) The Contractors will pay wages not less than once a week. Cgmli dance with glr eland Ant! K!6Kbagk Ac (1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. K. Contract Work Hours and Safety Standards Act (Applicable to all FEMA contracts in excess of $100,000 that involve the employment of mechanics or laborers; 29 CFR Part 5; 2 CFR Part 22, Appendix JI, E) (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. U. S. Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042. 181 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. R.....!M09=11...• 1 IliMt - 1 ! ' • z.... • ;'V I MA IV-4111 . (Applicable if FEMA award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the non -Federal entity 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". Does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs Assistance Grant Program. 37 CFR Part 401; 2 CFR Part 200, Appendix II, F). The contractor acknowledges that it must comply with the requirements of 37 CFR Part 401 and any implementing regulations issued by FEMA. M. Clean Air Act and the Federal Water Pollution Control Act (Applicable to Contracts in Excess of $150,000) Clean Air Act (1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 182 (3)The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. N. Certification Reaardina Debarment. Suspension. Ineliaibility and Voluntary Exclusion (Applicable to All FEMA Contracts and Subcontracts; Executive Order 12549, Executive Order 12689, 2 CFR Part 180; 2 CFR Part 3000) a. By signing this Addendum, the Contractor is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Contractor to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The Contractor shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180..935). e. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. f. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C..F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State, and the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. g. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of the Contract. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 183 O. Certification Reardina Use of Contract Funds for Lobbvina - Bvrd Anti -Lobb ina (Byrd Anti -Lobbying (31 USC s. 1352) --Applicable to contracts in excess of $100,000. 2 CFR Part 200, Appendix II) Contractors with contracts of $100,000 or more shallfile the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the City who in turn will forward the certification(s)to FEMA. (1) The Contractor certifies, by signing this Addendum, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. This certification is a material representation of thefact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. The Contractor also agrees that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such recipients shall certify and disclose accordingly. e. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. 184 (Applicable to all FEMA contracts, 42 USC s. 6962; 2 CFR Part 200, Appendix II, K; 2 CFR s.200.322) (1) In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired - a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. (2) Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines website, www.epa.gov/smm/comprehensiveprocurement-quideline-cpq-program (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Q. Compliance with Federal Law. Reaulations, and Executive Orders (Applicable to all FEMA contracts) This is an acknowledgment that FEMA financial assistance will be used tofund the Contract only. The Contractor will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives as applicable, including but not limited to: a. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 USC Sec. 5121, et. seq. b. Resource Conservation and Recovery Act c. National Historic Preservation Act d. 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 R. Comu3liance with State and Federal Reportina Reauirements. The contractor and its subcontractors shall comply with and the Contract is subject to the requirements and regulations of the Federal Emergency Management Agency and the State of Florida Division of Emergency Management pertaining to reporting. S. Immiaration and Naturalization Act. (Applicable to all FEMA contracts} Contractor shall not knowingly employ unauthorized alien workers in violation of 8 USC §1324a(e) [§274A(a)(1) and (e)] of the Immigration and Nationality Act] and such employment of unauthorized aliens shall be grounds for unilateral termination of the Contract/Agreement. T. Indemnity of Funding Entities. (Applicable to all FEMA contracts) Contractor hereby agrees to indemnify and hold harmless the State of Florida, the Government of the United States of America (including but not limited to the Federal Emergency Management Agency and the Federal Highway Administration), and the City and their officers, agents, employees, and elected officials from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions and cost of actions, including attorneys' fees for trial and appeal, and for the preparation of same arising out of Contractor's, its officers, agents, employees, and subcontractors' acts or omissions associated with this Contract. 185 U. Performance and Payment Bonds. (Applicable to all FEMA Construction Contracts} If not already required under the Contract, and if requested by the City, the Contractor shall, prior to the commencement of operations, furnish a Performance and Payment Bond, executed by a surety company authorized to do business in the State of Florida, in the amount of the estimated contract value, which bond shall be conditioned upon the successful completion of all work, labor, services, and materials to be provided and furnished under the contract and the payment of all subcontractors, materials, and laborers. Said bonds shall be subject to approval by the City. V. Materials and Supplies. (Applicable to all FEMA contracts) All manufactured and unmanufactured articles, materials, and supplies which are acquired for public use under this Contract have been produced in the United States as required by 41 USC §10a, unless it would not be in the public interest or unreasonable in cost. W. Access to Records (Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v. 3.0 XXV) (1) The Contractor agrees to provide the City, State, FEMA, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the contract for the purposes of making audits, examinations, excerpts and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) The Contractor agrees to maintain all books, records, accounts and reports required under the Contract for a period of not less than three (3) years after the date of termination or expiration of the Contract, except in the event of litigation or settlement of claims arising from the performance of the Contract, in which case Contractor agrees to maintain same until the City, the State, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. (5) In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. X. DHS Seal. Logo and Flags (Applicable to all FEMA contracts; OHS Standard Terms and Conditions, v. 3.0 XXV) The Contractor shall not use the OHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials without specific FEMA approval. 186 Y. Fraud and False or Fraudulent or Related Acts (Applicable to all FEMA contracts) The Contractor acknowledges that 31 USC Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining tothis Contract. Z. No Obligation by the Federal Government (Applicable to all FEMA contracts) The Federal Government or FEMA is not a party to the Contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the contract. AA. Subcontracts. (Applicable to all FEMA contracts) To the extent applicable, the Contractor shall cause the inclusion of the provisions of this Addendum in all subcontracts. Piggyback Contract — Advanced Roofing, Inc. 19 187 City of Boynton Beach 3301 Quantum Boulevard Boynton Beach, FL 33426 Sales Manager: Brenden Badstibner Proposal Date: 03/07/2024 Capp/Job ID City of Boynton Beach - Lift Station #356 East Boynton Beach Boulevard Boynton Beach, FL Section: Roofing Size: 2413 Sq Ft Please check next to the deficiencies you authorize for repair, then total, sign, and date where indicated Deficiencies (Emergency) - 03/04/2024 Quantity: 2 EA Deficiency: 3x3 unit reflash Corrective Action: Remove curb flashings and reflash unit per Industry standards. —Price does not include any disconnect of electrical or mechanical If needed. "'Price does not Include any replacement of curb or decking if needed. BID TITLE: BID 19 -17 -12 -HR B) Journeyman (Labor price should be included in your bid for items indicated) Regular Rate Approximately: 23 Hours @$86.26 HOUR =$1983.98 C) Roofers Helper (Labor price should be Included in your bid for items indicated) Regular Rate Approximately: 23 Hours @$63.26 HOUR =$1454.98 Estimated Repair Cost: $3,438.96 Advanced Roofing Inc - West Palm Beach -1950 NW 22nd Street Fort Lauderdale, FL 33311 p: 18006386869 page I of 6 advancedroofing.com License No: CCCO24413 Tax ID 59-2360591 City of Boynton Beach 3301 Quantum Boulevard Boynton Beach, FL 33426 Sales Manager: Brenden Badstibner Proposal Date: 03/07/2024 Opp/Job ID City of Boynton Beach - Lift Station #356 East Boynton Beach Boulevard Boynton Beach, FL Section: Roofing (continued) Size: 2413 Sq Ft Please check next to the deficiencies you authorize for repair, then total, sign, and date where indicated Deflclencles (Emergency) - 03/04/2024 Quantity: 2 EA Deficiency: Turbine fan is rusted through and open. Corrective Action: Furnish and Install new curb cap and turbine fine. Install new curb cap and turbine fan per Industry standards. BID TITLE: BID 19 -17 -12 -HR B) Journeyman (Labor price should be included in your bid for items indicated) Regular Rate Approximately: 18 Hours @$86.26 HOUR =$1552.68 C) Roofer's Helper (Labor price should be included In your bid for items Indicated) Regular Rate Approximately: 18 Hours @$63.26 HOUR =$1138.68 Estimated Repair Cost: $2,691.36 4 Advanisad Roofing Inc - West Palm Beach -1950 NW 22nd Street Fort Lauderdale, FL 33311 p:18006386869 Page2or6 advancedroofing.com License No: CCCO24413 Tax ID 59-2360591 189 City of Boynton Beach 3301 Quantum Boulevard Boynton Beach, FL 33426 Sales Manager: Brenden Badstibner Proposal Date: 03/07/2024 Opp/Job ID City of Boynton Beach - Lift Station #356 East Boynton Beach Boulevard Boynton Beach, FL Section: Roofing (continued) Size: 2413 Sq Ft Please check next to the deficiencies you authorize for repair, then total, sign, and date where indicated Deficiencies oo�,�nrmrnrtooumrm�mmtlouumooioioiommi immfmm�muu�I�IN��s��m�d�f�dldlltt�f�fray �� _ .. i y I � 1 Deteriorated Metal Coping (Emergency) - 03104/2024 Quantity: 120 LF Deficiency: Deteriorated metal coping Corrective Action: Fumish and install new .040 aluminum prefinished coping cap. BID TITLE: BID 19 -17 -12 -HR B) Journeyman (Labor price should be Included in your bid for items indicated) Regular Rate Approximately: 29 Hours @$86.26 HOUR =$2501.54 C) Roofer's Helper (Labor price should be included in your bid for items indicated) Regular Rate Approximately: 29 Hours @$63.26 HOUR =$1834.54 Estimated Repair Cost: $4,336.08 Advanced Roofing Inc - West Palm Beach -1950 NW 22nd Street Fort Lauderdale, FL 33311 p-18006386869 advancedroofing.com License No: CCCO24413 Tax ID 59-2360591 Page 3 of S 190 //All AM w. moo n1�l�D�l01�i«Yv ,��`,1f��INf�llf�ll�"'" City of Boynton Beach 3301 Quantum Boulevard Boynton Beach, FL 33426 Sales Manager: Brendan Badstibner Proposal Date: 03/07/2024 4 I Opp/Job ID City of Boynton Beach - Lift Station #356 East Boynton Beach Boulevard Boynton Beach, FL Section: Roofing (continued) Size: 2413 Sq Ft Please check next to the deficiencies you authorize for repair, then total, sign, and date where indicated beficiencies (Remedial) .0310412024 Quantity: 1 EA Deficiency: Coating 28x28 Corrective Action: Pressure clean roof surface. Apply Tropical 996 primer at a rate of 1.5 gallons per square of roof system. Apply Tropical 9400 at all seams and penetrations across the roof system. Apply Tropical 924 Silicone coating at a rate of 1.5 gallons per square. — Price does not Include wet insulation removal if needed. BID TITLE: BID 19 -17 -12 -HR B) Journeyman (Labor price should be included in your bid for items indicated) Regular Rate: Approximately: 114 Hours @$86.26 per hour = $9,833.64 C) Roofer's Helper (Labor price should be included in your bid for items indicated) Regular Rate: Approximately: 114 Hours x@$63.26 per hour = $7211.64 Estimated Repair Cost: $17,045.28 Advanced Roofing Inc - West Palm Beach -1950 NW22nd Street Fort Lauderdale, E 33311 p:18006386869 Pape 4 of s advancedroofing.com License No: CCCO24413 Tax ID 59-2360591 191 City of Boynton Beach 3301 Quantum Boulevard Boynton Beach, FL 33426 Sales Manager: Brenden Badstibner Proposal Date: 03/07/2024 Opp/Job ID City of Boynton Beach - Lift Station #356 East Boynton Beach Boulevard Boynton Beach, FL Section: Roofing (continued) Size: 2413 Sq Ft Please check next to the deficiencies you authorize for repair, then total, sign, and date where Indicated Deficiencies 01111!! Blister in Membrane (Emergency) - 03/0412024 Quantity: 1 EA Deficiency: Blister In roof system Corrective Action: Cut blister and dry area as needed. Prep and prime affected area. Install new modified bitumen field ply to repair blistered area per manufacturer's recommendations. BID TITLE: BID 19 -17 -12 -HR B) Journeyman (Labor price should be included in your bid for items indicated) Regular Rate Approximately: 3 Hours @$86.26 HOUR =$258.78 C) Roofer's Helper (Labor price should be included In your bid for items indicated) Regular Rate Approximately: 3 Hours @$63.26 HOUR =$189.78 Estimated Repair Cost: $448.56 Advanced Roofing Inc - West Palm Beach -1950 NW 22nd Street Fort Lauderdale, FL 33311 p:18006386869 advancedroofing.com License No: CCCO24413 Tax ID 59-2360591 Page 5 0► 6 192 'WONOW" W100011#06, City of Boynton Beach 3301 Quantum Boulevard Boynton Beach, FL 33426 Sales Manager: Brenden Badstibner Proposal Date: 03/07/2024 Back off of City of Sunrise Tenn Contract Proposal Expiration Date: Mar 21, 2024 Opp/Job ID City of Boynton Beach - Lift Station #356 East Boynton Beach Boulevard Boynton Beach, FL Section: Roofing (continued) Size: 2413 Sq Ft Total Signature Date Please sign and date, then send to: Brenden Badstibner E. BrondenB@advancedroofing.com Cell, (954) 732-2268 Advanced - —ikoofing Inc - West Palm Beach -1950 NW 22nd Street Fort Lauderdale, FL 33311 p:18006386869 Paget 8 of a advancedroofing.com License No: CCCO24413 Tax ID 59-2360591 193 FIAANCE & ADMIN. SERVICES DEPAItTMLNT &rchming Division Phanc 9$4.572-2174 Fax 9S4-5784809 CITY OF ' F L O R I D .lfl April 10, 2023 Sent Via Email robk cradvancedroofinp,com Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22' d Street Ft Lauderdale, FL 33311 Phone # 954-522-6868(Emergency Phone # 954-649-8165) Vendor No. 438 Tyler-Munis Contract No. 2019000166 Subject: Second Renewal with CPI -U Adjustment: Roofing Maintenance & Repairs Bid No. 19 -17 -12 -HR Mr. Kornahrens, The above referenced Contract will expire on May 31, 2023. Pursuant to the Solicitation documents, the City reserves the right to renew the Contract for three (3) additional, one (1) year periods under the same specifications. A price adjustment is allowed at the time of renewal, in accordance with the annual CPI -U (the CPI -U from February 2022 to February 2023 is 6%), we accept your requested 6% increase. The City is utilizing the second renewal option for the period .Tune 1, 2023 through May 31, 2024. Attached are the contracted items and adjusted prices. Please see the attached documentation that provides a more detailed breakdown per line item. Please sign, date and return this acknowledgement along with a current certificate of insurance and email to hraphaeison@sunrisefl.gov or fax to number 954-5784809. Best Regards, Holly Raphaeison, MBA, C.P.M., CPPD, CPSM, NIGP-CPP Contracts Administrator we hereby acknowledge that the above contract is renewed for one year. Authorized Signature:. _ Printed Name: Robert P. KornaFu s Attachment: Schedule "A" (5 pages) 10770 West Oakland Park Boulevard, Sunrise, FL 33351 194 Citi of Sunrise 19-17-1 '66ff'�-HEET ........... . . . . . ........ . . .... . ..... ......... . . ........ . . . ....... . .................. . ......... f6R. Roofing w.. .. ............... Second Renewal f�aipte No. cription !rn Unit. 6% Increase REM 1 ...... ..... .... ........ ........ Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This ITEM I -A allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement 1 0.00 and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. ALLOWANCE for Permits. Contractor markup and overhead is disaHwoed- Payment shall be based on 3,680.32 ITEM 1-8 actual bona 1. is . -11 _fidelopoi - Furnish all materials, labor, and equipment for exisiting roof tear -off, including existing ITEM 2 Insul9tio b r o to su st e. This Item a jnc�ly#es !I p# djd,iXil_W!A_ k!Lo U All disMop! 5ps". i -mall Roof Repair Areas -0 S.F-500 SY 5,7.5 scium Roof 'Re ement Areas -S(li S.F.10,000S.F ITEM pair,/Replar . .... ............ . . . . .... . ...... . . - SY 4.60 . .. ....... ITEM 2 -Barge Roo(kepoiwkopi;cement Areas -Over 10,001 SY SY 3.45 Furnish all materials, labor, and equipment to Install approved Isotherm or potylsocyanurate ITEM 3 rigid Insulation board tapered, based on 1% Inches thickness, fully attached to substrate. MOPPEDIN: . .............. .. . ........ .. . . ... . .... ... .............. . . . . ............ ITEM 3A -A Small Rccfikopiair Areas -0 S.F-500 SY SY 4.60 ....... .......... .......ITEM 3A -B Mod"lum Roof Repair/Replacement Areas -501 ST40,000ST S.F 4 03 TEM 3A -C Large Roof Repair/Replacement Areas -Over 10,001 SY . ........ SY 2.88 . MEC HANICALLYATTACHED ITEM 3B -A m, a Roof ... Repair Areas .0 3.F.5 Do S. F S -,-5.75 ITEM 3B-8Medium Roof Repair/Replacement Areas -501 S.F40,000 SY ITEM 3B•B am Repair/Replacement Areas -Over 10,001 SY SY 2-88 Furnish all materials, labor, and equipment to Install 4 ply modified bitumen system, with ITEM 4 2- in ITEM 4-A Small Roof Repair Areas -6 S.F-500 SY 10 35 ITEM 4-B Medium Roof Repair/Replacement Areas -501 S.F40,000 SY . . ......... . . .... . . . S.F 4 60 ITEM 4-C Large Roof Repair/Replacement Areas -Over 10,001 SYSF 1—— -1 .1__11111--1T.__ 2.88 ......... .. . I—- I 1 11 _ 11 . - "I - 1 1111-11- - --111.111111111 Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with ITEM 5 2 -ply base flashing, anchor sheet, without vent sheet (uninsulated applications). . ........ . .. . ... . . MOPPED IN: . ......... . . .............. ....... . . ......... .... '"m ITEM 5A -A SY 8.05 ITEM 6A:6 ium Roof Repair/Replacement AreasS.F40,000S.F S 4.60 ITEM 5A -C Large Roof Repair/Reptacement Areas -Over 10,001 SY 2.30 MECHANICALLYATTACHED _ .... ......... .. . ............ ..... .... ITEM 513-A Small "Roof Repair Areas -0 S.F.501) SY SY 9.20 odium Roof Repair/Replacement Areas -501 SY-10,000 SY ITEM 5B BM ITEM 5B -C Large Roof Repair/Replacen'tent Areas -Over 10,001 3 SY TORCHED DOWN ATTACHED..,.""",- .... .... . .... ITEM SC -A I Small I R . 0 . D f Repair 11 Areas -0 S.F490 S.F SY 13.80 EM 5C -B Medium Roof RepairlReplacement Areas -501 S.F-110,000S.F cament Areas -Over 10,001 SY ITEM C -C a;6e0kooi Re, irlFte iaco� SY 2.88 ALUMINIUM ROOF COATING(FOR REFLECTIVITY FOR BLACK ROOF SYSTEMS(SRI 68 MIN) : Dj ubberfzed M_5D-A Small Roof Repair Areas .0 SY-500 SY SY 9.20 ITEM 5D-BMediu Roof Repair/Replacement Areas -501 S.F.11D,000SY S.F 4.31 ITEM -C Large Roof Repair/Replacement Areas -Over 10,001 5 SY 2.88 Furnish all materials, labor, and equipment to Install approved cents, 1% inches thickness by ITEM 6 ITEM 6-A Small Roof Repair Areas -0 S.F-500 SY . . ............... . . . ............. ................. . L.F ___5,75 ....... ... ITEM 6-B Medium Roof RepairlReplacei;;4x� a 5,61, ... 8_F-10J0,00S,.F r9e Roof RepairlReplacement Areas -Over 10,001 SY ........... LY 0-58 . . .... . . .... Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches ITEM 7 wide. ITEM 7-A Small Roof Repair Areas -a S.F-500 SY L - 23.00 ITEM 7-B Medium Roof Repair/Replacement Areas -501 S.F40,000S.F . . .... L _23.00 ..............e................._.w........... ....... ITEM 7-C targe 'Roof Repair/Replacmeni Areas -Over 10,001 SY L 17.25 Furnish all materials, labor, and equipment to install bulft• up roof repair/replacement, including ITEM 8 J" w1Ya! 1""R! . 11 1-1-1 - , I 1 lqr� 11-11- 11 jiEM S-A Small Roof Repair Areas -0 S.F.500 S ..... . ........ .. S.F 11.50 - . ...... Areas .. ..... .... . . . ...... ..... ITEM' 8-B" ...... iMed,lum, li'oo'fRepair/Replacement Areas -501 SY40,000 SY 2.39, . . . . . ..... ....... ..... . . Fur, reie'nia"is, labor, and eq, ulip ment to install built-up roof pea gravel , „ 195 196 ITEM 9-AP SmaII Roof Repair Areas -0 S.F-S00 S.F S.F 11.50 ITEM 0_13 Medium Roof Repair/Replacement Areas 501 S.F-10,000 SY S F 3 411 5 .......... Furnish all mater equipment to install wall ahaet metal flashing 24-gauge ITEM 10 Roches widend ITEM 10-A S ani Roof Repair Areas -0 3 FS00 ST L.F 0 13.1810, ITEM 10-B IMeIdium Root R11 e11 pairlReplacement Areas -501 S.F-10000 S.F - . .. L.F ., 11.50 ITEM 10-CRepair/Replacement � Large Roof ,.� -Over...ST LY 9.78 materials, toII p edge Furnish all ma, labor equipment to Install continuous 4-inches metal drip ITEM 11 � A 24 Ga ug e Galvanized Steel ITEM I IA-A Small Roof Repair Areas -0 S.F-500 S.F L.F 20.70 2 ITEM 11A-B p 501 S.F-10 000 S.F Medium Roof Repair/Re lacement Areas- L F I 17 25 .- .. -.. ITEM 11A-C .., „-. •.p, .. , 01 SY Large Roof Reps... ..� -Over 10 00 .. ... .... ..._,... ....... .. ..,.. _ e, , , ........ L.F .. 11.50 -- ........., w... .... ....... .....- ... g ' _ ....,...,._,,, .-...irlRePlacementAreas 24 Gauge Stainless Steel ITEM 11 B-A .. _ Small Roof Repair Areas -0 S.F-500 S F Pa L... F 21.85 - ITEM 11 B� „,.. ..,.,.,.,. Medium Roof Repair/Replacement Areas -501 S.F-116000 SF L F 18 40 ITEM 11 BOC Large Roof RepairlReplacement Areas -Over 10,001 SY LF 12.65 C_..-w. Copper .. ..,... ITEM 11 C-ASmall Roof Repair Areas -0 S FSF OD 3 L.F 21 .85 ITEM iiC-B Medium Roof Repair/Replacement Areas -501 S.F-10 000 S.F LY 18.40 ITEM 11 C-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L F 12.65 ANm1RumW...e 1 ITE M 11D A L F 21 85 .... 11 D B W. .., O,000S.F,,,, Medium Roof RepairlReplacement Areas 501 S.F•1 L. F...,..8.40. 'ITEM ITEM 11D-C Lame Roof Re air/ftepla eM Areas -Over 10,001 S.F 9 P.... _........-.,L.F.......... -....W,.. ............. ....... Furnish all materials, labor and equipment to install wall counter flashing 24-gauge stainless ITEM 12 steel, surface mounted with springs lock reglet and 24-gauge stainless steel flashing, 6 Inches ...... ITEM 12,A nirllsa) ___ .....,. - Small Roof Repair Areas -0 S.F-500 S.F t F ........ 23.00 IT 12$ f 70' aPAreas20 Lar a Roof ? p ., � ....... .._ L F„ 17.25 ......9 � ..... .. y.....w. Fumish all materiial� labor and Install metals coping cap, snap-bks stem, 84nches ITEM 13 A) 24 Gauge Galvanized Steel a ITEM 13A-A Small Roof Repair Areas -0 S.Fs00 SY L F 24 15 ITEM 73A B Medium Roof RepairlReplacement Areas -501 S.F-10,000 SY L F 21 85 ITEM 13A-C Large Roof Repair/Replacement Areas -Over 10,001 SF ...... .. ....,... .... L F 18 4 0 .,,,-.... g ... 24 Gauge Stainless Steel , ........ .. .. . ... ....... ITEM 11313-A11313-Aair . Small Roof ReAreas Arep as -0 S.F-600 S.F L.F 25.30 ITEM 13B-B Medium Roof Re Pair cement Areas -501S F 0..0..0.. LF 23.�00 ...Repair/Replacement ITEM 13B-C PePlaa _S .F. Large Roof Repau!Re lacement Areas -Over 10,001 SE i . .1.0.. L F 19 5 ._ C) .. Aluminum ar nish ITE 13C A Small Roof Repair Areas -0 S F.600 SY L.F 25.30 . M 13C-Bq ITEM Medium RoofRepair/ReplacementpAreas -501 S F 10 000 S F L F„ 23 00 .,. ,,. ITEM 111 3C C 9 P e Are - S. lacement Areas Over 001........ L........ .... ..... � _. w ......rl, ...... all materials, labor and equipment to install I mounting pedestals(4), with equipment ment P pe 9 L 1 q P EA. 862.58 ITEM 14 fe@trlRe and flashing, 18 Irrah es hi h. mmmw „ .. J,..N.., - ... .5 .... Furnish all materials, labor and equipment to install pitch pocket, for 64nch diameter vertical EA 201.27 ITEM 15 _. Furnish a8 materials, labor and equipment to install pipe or dud mountin roof pedestal, l8 EA. 316.28 ITEM 16 au e, alvanised steal con,Uteta�wkh fl shin 12,1 5hes,hi h. roof penetration Furnish all materials, labor, and equipment ITEM 17 steel 26 GA., ith sealant cover, for 6-inch diameter a 9 inches high, umbrella EA. 230.02 �^ inches high, 3 feet wide x 3 fee els, labor,� tlong, F ish al materials, ITEM 18 a % Inches thick 36112 of m tee lbs., rigid Insulation, l8 GA., Galvanized steel E4. 517.55 hes cant,.,,.--. . . ._.. all materials, labor, a4 itol � iround REM 19 ITEM penetrations,veH staeks.4-6Iinches dameter. 8 inches high complete with stainless �.Furnlsh 8„6- .. .....,.• ...3lnc _ „teel-pjam,,_. .. O_., ....„.„EA. .c..e..s Furnish all materials, labor, an equipment install drains, dura-coaled .2........6 ITEM 20 cast iron, steel inserts with strainer, and clamps (by Zum, or City approved equal). EA. 1,380.12 Fumish all materials, labor, and equipment to install expansion joint cover, without blocking. 0.00 ITEM 21 ITEM 21-A Small Roof Repair Areas -0 S.F-500 S.F - L.F 34.50 �.. ..... M 21 � ITEM ...Mediu"... _.... .......... .. Areas -501 S F 1 0 000 S.F m Roof Repair/Replacement Are L.F 28.75 ITEM 21-C Large Roof Repair/Replacement Areas -Over 10 001 SY L F 23.90 Furnish all materials,labor, and equipment to install plumbing vent flashing lead sleeve and EA 86,26 ITEM 22 couFiinO mstailed 4 Le ',;1 ... ___ _ __,... Furnish all materials, labor, and equipment to install 8 inches high x 16 Inches wide metal ITEM 23 sc _ , wag dri sVl and surface as Steele2 -F tivi..flashmg, ..- ... .. re ITEM 23-A 24'Te Gaa Galvanized 9 .,....,.,, EA 17252' ITEM 23-B 24 Gauge Stainless Steel . EA-11 345 D3 ITEM 24 Fumish all materlals, labor, and equipment to install 6anch diameter leader. 196 197 e ITEM .24A-A Areas -0 S F500 SY L. 13.80 ITEM 24A-B pair/Replacement Areas 501 S F 10,000 S.F L.F Medium Roof Repair/Replacement __ 11.50 _, _... ........... ITEM 24A-C._ Large Roof Repair/ReplacementW.- SF LF 9 Areas -Over 10 D0'! _ .. _ .... 1.50 ...... ... B) Gauge Stainless Steel 24 Ga ITEM 24B A ,. Small Roof Repair Areas -0 S F500 5 F ....... _ , �..F ... .. �.-� 23 0 ITEM 24B-B _...... Medium Roof Repair/Replacement Areas 501 S F 10 000 S.F L.F 17.25 ITEM 24B-C Large Roof Repair/Replacement Areas -Over 10,001 SY L F 17.25 _ModC IT11 EM 24C-A Small Roofepair Areas -0 S F500 S F L-F 20 70 ITEM 24C B Medium Raaf Repair/Replacement Areas 501 ST 10,000 S F L.F 14.95 ITEM24C-C Large Roof Repair/Replacement Areas -over 10,001 SY L.F 14.95 Furnish all materials, labor, and equipment to Install continuous flinch Mde metal ITEM 25 24 Gauge Galvanized Steel ITEM 25A-ASmall Roof Repair Areas -0 S.F500 S.F L.F .., W, .... 5 75 ITEM 25A-13 _„a Medium Roof RepaulRePlac Areas501 S F 10 000S.F .. 5.75 ITEM 25A-C Over 10.001 SF L.F Lar a Roof RepairReplaceeeni Areas 5.75 24 Gauge Stainless Steel ITEM 256-A Small Roof Repair Areas -0 S.F-500 SY L.F 23.00 ITEM 25B-B Medium Roof Repair/Replacement Areas 501 S F-10 000 SY L.F 13.80 ITEM 25B-C Large Roof Rspair/Repiacement Areas -Over 10,001 SY L.F 13.80 C... Anodized Aluminum ITEM 25C q F500 S F L Small Roof Repair Areas -0 5 F 20.70 ITEM 25C-13I F p merit Areas 501 S F-10 000 SY L.F Medium Roof Repair/Replacement .. 11.50 ITEM 25C-C9 lar a Roof RepalrlReplacementAieas Over 10,001 S F L.F 11.50 The following time costs are for emergency work only as authorized by the City of Sunrise: ITEM 26 ITEM 26-A Supervisor (Labor price should be included in your bid for items indicated) Regular Rate HR 57.51 Overtime Rate HR 57 51 ITEM 26-B Labor rice should be included m our y Prbid for items indicated) Y Regular Rate HR ( 86.26 RateHR Overtime � 86 26 ITEM 26-C Labor price should be included your Nd for Hems indicated � Roofer's Helper ( ) included.... m 0 0 Regular Rate ,. „ . .. ....,,..... ....... .... HR. r. ..... 6326 ' ...... ........ Overtime Rate ' HR Overt 63.26 tall 6 .. ....p ri,.,.,.,._....., rc pment to install 80 MSI, Type il, fabric reinforced Fumish all materials, labor, and equipment Uniform EPOM with a Class 'A' Rating. The membrane is to be mechanically fastened through ITEM 27 Ithe metal deck system (approved warranty method as "..manufactured by 'Carlisle Syntec' for existing warrantied system. ITEM 27-A Small Roof Repair Areas -0 5 F 200 SY SY 2.30 ITEM 27-B Medium Roof Repair/Replacement Areas 200 S.F-2 000 SY S.F 1.73 ITEM 27 BLarge Roof Repair/Replacement Areas Over 2,000 SY SY 6 0.86 urnish all meterialslabor, and equipment to Install 60 Mll,fabdo reinforced Uniform TPO Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / [!mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved ITEM 28 Iwarrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system). ITEM 28-A ......., .. Small Roof Repair Areas -0 S F500 SY SY 6.90 ITEM 28-B .Medium Root Repair/Replacement Areas-501 S.F-3000 SY S F 4.03 ITEM 28-C Large Roof Repair/Repplacement Areas -Over 3,000 SF 5.18 _ equipment to install Built Up Coal Tar Roofing system with Fumish all materials labor, and equipment q P ITEM 29 membrane I sheets as and ps p 1f ajnd led .. ITE M 29-A ... Small Root Repair Areas -0 S F 6.90 ITEM 29-8 Medium Roof Repair/Replacement Areas 501 SY-110,000 S F 0 ITEM 29 C Large Roof Re vlReplacement Areas -Over 10,000 SY _ S P 6.9 0 Furnish all materials, labor, and equipment for existing roof tear off, down to substrata. This ITEM 30 Item also frit o ....,...-. des all disposal costs..... A.... A P 9._.., As halt Shingles S F500 S F.. S F of 7 48 .....ITEM ITEM 30A-BLargeRepair_ Medium to R Repair Area 501 SY and Up S F 6.90 g Concreta/Clay Tile e ITEM 306-A ITEM 306-B 9 it Areas -0 3 F-500 SY S F Small Roof Rep a Roof Repair Area -501 ST and U� � Medium to Lar p &F t 13.80 1 i 50 C) Standing Seam Metal Roo ITEM 30C A Small Roof Repair Areas -0 S.F-500 S F S F .. . ..... 1725 �..,.,., . . ......_ ITEM 306-B Medium to Large Roof Repair Area 501 S F and Up S F ., ... ......, . .e. .,.,.., 14.95 .. 197 198 11 ITE11 M 3011 D-A Small Roof Repair Areas -0 S.F-500 ST S.F71.26 ITEM 30D-B.... .......... MediWlain to Large _. ..,.,_.. _ Roof Repair Area -501 S.F and Up S.F 14.95 _.. the . ....... Furnish all materials, labor,and equipment for the replacement of deteriorated wood substrates ITEM 31 r A 5f8 Inch CDX Plywood ITEM 31 AA Areas Roof P SY-600 S F S F 5 18 ITEM 31 A-B " ,Small Area -501 SY and U Medium to Lar a Roof Repairp Large S F 4.03 ® g) 24nehes x 64nch T&G Wood(Fir) ITEM 31 B A SmailR00011 F Repair Areas -0 5 F.500 S S.F 11.50 ......... ......... Curved .50 ITEM 31 B-B Medium to Large Root Repair Area -501 S.F and Up S.F 9.20 �. Curved Root S.F 9.20 ITEM 32 shall materials labor and equipment to Install the un IFurni _ .ma ., .. derlayment materials A� 6 Niil Polyethylene Sheat ....... . ... ............ ITE M 32AA .......... ..... - P -0 5 F-500 S• S.F 0.58 .. .. .._ ITEM 32A-B ... .. MediumotoLar e'rRoofRe.mairArea-50,... 1 5.F and U 9 P P F 0.46 g 30 Lbs Felts Saturated Organic E M 32B-A Small Repair Areas _ ...... S.F.-... 2.30 g, 326-B it 1 Medium to Large Roof Repair Area 501 SY and Up P .... S F 2 8 _ITEM ....a .. ......_.,,,,,.. .g ....... Yin entF ranular face sheat. 55 Mils. Fiberglass mat reinforced and SBS Self-Adhering underla t: aaTmhalt .. _ .. _ . ITEM 32CA Small Roof Repair Areas -0 S.F-500 S.F S.F 4 60 ITEM 32C$ Medium to Large Roof Repair Area •501 S.F and Up SY 4.03 p Self-Adhering underlayment polyethylene sheet 40 Mils Stip resisting polythene film ITEM 32D-A Small Roof Repair Areas -0 S.F 500 SY SY --5.75 ITEM 32D-B —1-11111— Medium to Large Roof Repair Area -501 S.F and Up S F 5 18 Self-Adhering sheet underlayment high temperature sheet. 40 Mils with slip resisting E) r ol7athtlene, toy surface laminated to SB3 matlitled as haft adhesive „_ ITEM 32E A Small Roof Repair Areas -0 S FS00 S F P SY 5.75 ITEM 32E-B Medium to Large Repair Area 501 F and P SY 5 18 � _,,,...... e lbs/100 S F rosin shed heel paper. 5 r building P Pe Sm ITEM 32FA w. Sinal- " F-500 BY Repair ll Roof air Areas r. B S F 0 58 ITEM 32F-B Medium to Largo Roof Repair Area 501 S F and U Mediu p p S F 0 29 fiEM 33 Furnish all materiels labor, and equipment to install pressure treated Mocking � 2x4 f ITEM 33AA Repair .F 500 S.F Small Roof Re air Areas -0 5 w. SY __15.75 ITEM 3 .. .. Roof Repair Area 501 SY and Up Medium toLarge....._ry._ ..... ................. �.... ... , .,, ,,, ....,. , S.F ..,,........... ., 4 6D ... ..... ....... _3A-B B) 2x 6 ITEM 33B-A Small Roof Repair Areas -0 S.FS00 S.F S F 6 90 ...... ITEM 33B-B �., ...rc.., ...... Roof Mediu m to Large R000f Repair Area -501 ST and Up S.F 5.75 2X8 ITEM 33C-A Small Roof Repair Areas-0S.F.... S.F S F 11.50 ITEM 33C-B Medium to Large Roof Repair Area -501 SY and Up S.F 920 ITEM 34 ..............„ ....,-.... . � .. Furnisshhall materials, labor,, and equipment to Install sheet metal flashings and trim GaugeA24 Drip Edge 41nch Profile Steel ITEM 34 A A reas -0 SSF .F-600 S all Roof Repair Areas Small L F 13.80 - ® .. .._. ..ITEM 34A-B . , ....... F Medium to Large Roof Repair Area 501 S and Up LF 1150. fTEM 35 Furnish all materials, labor, and equipment to Install metal gutter. A 64nch x 6-Inch 24 Gauge Galvanized Steel Gutter ITEM 35A-A Small Roof Repair Areas -0 S.F-500 S.F LF _._.. 287 ......m ITEM 35A-B p .... Medium to Large Roof Repair Area -501 SY and Up LF 23.00 g) 64nch x 64nch Aluminum Gutter ITEM 35AA Small Roof Repair Areas -0 S.F-500 S.F LY 31.05 ITEM 35A-B Medium to Large Roof Repair Area -501 a.r and Up L F 25 30 Furnish all materials, labor and equipment to install rigid standard ridge vent high density ITEM 36 u�t7;ofoaylene, or llVStablllzed plestlo, �. ITEM 36A Small Roof Repair Areas -0 S.F 500 SY LF„ 11-50 ITEM 36-B Medium to Large Roof Repair Area 501 SY and Up L.F 9.20 Furnish all materials, labor and equipment to install glass fiber reinforced asphalt shingles, ITEM 37 mineral granuI r,aurFaced seH sealing, ITEM 37-A Small Roof Repair Areas -0 S FS00 ST S F 4Z60' ITEM 37-B Medium to Large Roof Repair Area -501 S.F and Up ..., S.F 4.03 .. ..., _................. Famish all materials, labor, and equipment to install 20 oz NRqF h-0esS x nches Z chs 2@ r T anal .. ITEM 38-A Small Repair Araeaes -50i S F 17 25 ITEM 38-B Medium to Large 9 Roof Repair Area-501 F S and Up S.F 17.25 Furnish all materials, labor. and equipment to install galvanized steel sheet 0276 inch with ITEM 39 s l comzed owl ester coating___ A Standing Seam _ ITEM 39A-A Small Roof Repair Areas -0 S.F-500 S.F � S F - 18.40 ITE ... ... M39AB ......... ,.� .. rArea-901 SYandUp Medium bo Large Roof Repair S.F 5 1725 198 H.,,,,,,_„ .... .Total Cost 10,160 199 gy t to Sea m _., ITEM 3913-A i as Small Roof Repair Areas -0 S F S00 S F S F 11.50 ITEM 39B -B to Large Roof Repair Area 501 3 F and U p r9 .. ...... SY 10.35 w , ......, ... ...,,, ...... . _... � ,.. .. ... Furnish all materials labor, and equipment to Install aluminum sheet, cod coated alloy, .040 ITEM 40 Inch with allfco I d poll e�ter,coating„ ". . ....... A) Standing Seam ITEM 40A -A 11 S 11 mall Roof Repair Areas -OS. F�SDO SY SY 19.55 ITEM 40A -B Medlum to Large Roof Repair Area -501 S. and U r9 P P S.F 18.40 Baten Seam ..... .... M ITEM 4013-A Small Roof Repair Areas -0 S Fd00 S F o P AreasS � .. �... .... .... . S 3 F ITEM 4013-B ._ _.. _.. Medium to Large Roof Repair Area -501 SY and U ...g,. p........... _.._,.. S. 11.50 .,.. ... �) Flat Seam ...... ......... ITEM 40C -A Small Roof Repair Areas -0 S.F 500 S.F S.F 12.65 ITEM 40C -B Medium tLarge oRepair Area -501 SY and Up S F 11 500 D) a Metal Building ngRoofing (Through Metal Building ding Manufacturer) Rul 9 ........ ITEM 40D -A Small Roof Repair Areas -0 S.F-500 SY S.F 13.80 ITEM 40D -B .9a Roo ,.,. .., .... Mediumto Lar of Repair Area -501 S.F and Up SY 11.50 ...,., REM 41 . Furnish materials labor, equipment and a ui meM to Install clay roof the A Spanish "$' Tile .1-1-. .,,,. ,., __.. .... .......9 .,, ITEM 41 A -A -,,,,,,..a- -11111-1-1-- - ....---- Small of air Areas .0 D ITEM 41A - B a Roof Repair r Area -5 1 S.F "and "Up Mediumto Large 9 P S.F 11.55 . g Barrel Tile ITEM 41A -A Small Roof Repair Areas -0 5F-000 SF 65� ITEM 41 A -B Medium to Large Roof Repair Area -501 SY and Up SY 11.50 ITEM 42 Furnish all materials, labor and equipment to Install 4" diameter leader A) 24 Gauge a Galvanized Steel ITEM 42A-ASY Small Roof Repair Areas A S.F-500 SY 9 20 ITEM 42A -B Medium to Large Root Repair Area 501 SY and Up ....... .... _, _ S F 8 OS 6 Anodized Aluminium ITEM 426-A Small Roof Repair Areas -0 S.FS00 S.F S F 110.35 _ ITEM 42B -B _...,,w Medium to Large Roof RepalrArea 501 SY and Up S.F 9.20 24 Gauge Stainless Steel ITEM 42C -A Small Roof Repair Areas -0 SY M SY S.F 12.66 ITEM 42C -B Medium to Large Roof Repair Area 501 S 9 P F and Up SY 11.50 ITEM 43 shall materials labor and equlpm ent to install concrete roof the A) Spanish"S" Toe �.. ...... ... ITEM 43A -A Small Roof Repair Areas -0 S.F.600 SY S F 11,50 ITEM 43A BP Medium to Large Roof Repair Area 501 SY and Up S F i0 35 g) Flat Shingle ITEM 4313-A Small Roof Repair Areas -0 S.F-500 S.F SY 10.35 ITEM 436.13 Repair 501 Medium to Large Roof Rep S F and Up SY 9.78 of listed or included elsewhere MAY purchased under this contract on a strictly Supplies n .w ....._ be COST-PLUS arrangement only. Documentation of vendor cost must be provided with v,vrttten ITEM 44 (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of EA. 0.00 this type of material will be required peryear. REM 45 Crane Rental ALLOWANCE • based upon receipts and as authorized by the City. 0.00 to ......... inRoofingport.. of types to be included in a Roofing Inspection Report. Annual inspections of all roof types Roofing Inspection and Report. The report will be comprehensive and include a quote for repairs formatted in line with the contract. The quote shall identify emergency, remedial and replacement cost. Report shall include but not be limited to the following: 1. All roofing Inspection roofing numbering system shall conform with the City of Sunrise building numbers. Vendor shall coordinate the proper building numbers with the City representative to ensure Inclusion into the report. 2. Providing Information of the roof (i.e. date of installation, based on permitting documents, roof characteristics and geometry, roof type, roof square footage, and any ITEM 46 other information that may be required). S.F 0.07 3. Providing color Images or photos, within the body of the report, Identifying the roofing area, condition, and deficiencies that may require immediate attention. 4. Date of estimated need for replacement. 5. LOS as follows: A-10 or more years of service life remaining; Bab to 10 yearsof service life remaining; Cas to 7 years of service life remaining; D=2 to 4 years of service life .remaining; F= Less than 1 yearof service Jife remaining. H.,,,,,,_„ .... .Total Cost 10,160 199 Date: 3/28/2024 Requesting Department: CITY 0"ro BOYNTON BEACH REQUEST FOR �PURCHASE OVER $10,000 Utilities - Lift Stations Contact Person: Howard Kerr / MM Explanation for Purchase: Roof repairs needed at Lift Station 356. Piggy Back of City of Sunrise Contract # 201900166 Bid # 19- 17-12 HR. Recommended Vendor Advanced Roofing ...... ....................... Dollar Amount of Purchase $27,960 00 ..... ..... ...-.N ..... ch backup materials): Source.for Pur'chase (check and attar Three Written Quotations L-1 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Fx--1 Budgeted Item Emergency Purchase Other Contract Number: #2 1 0 6Ctt of Sunnse ...— NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2816-536-46.51 partment Head rchasing Form Revised 5/12/2022 Date _... 3 . Date Date `11 C14 N f4 co tn w N W Ri E. 0 ro z > �,4 Z ra 0 H 8 z p 0 F, 0 F -I F -I .1 v u) u 0 rj) CX 134 n w x z r4 U) F -I M 4z ri) MU)W f4 C14 E, WWa wed0 0 ro 0 azz HH MO o 0 0 C4 8.... >4 Q E. 0 HZ 02 MOO x(.) F4 X CQ ral 0 Q H rj M .4 m E, o 00 19 0) 0 Q z 0 P4 E. 0 U 0 Z od z 0 IU m C) N z H U) H z 0 U) CY W Ix 201 PE, Z Elul EUI C) z In E- 0 0 EE Ln 0 00 ro) yr w OEI co u 0 0 0 > 0 ri) 0 Ix KC H 4 i ri) Ix W (A X Z 0 Jaz N 0 00 > I 0 H v4 0 E, 0 E- IX H Ln CG H " C14 (A 0 ca w w Cl) > ul pp 0 w U) 0 ED 04 CO Ce U) �,4 Z ra 0 H 8 z p 0 F, 0 F -I F -I .1 v u) u 0 rj) CX 134 n w x z r4 U) F -I M 4z ri) MU)W f4 C14 E, WWa wed0 0 ro 0 azz HH MO o 0 0 C4 8.... >4 Q E. 0 HZ 02 MOO x(.) F4 X CQ ral 0 Q H rj M .4 m E, o 00 19 0) 0 Q z 0 P4 E. 0 U 0 Z od z 0 IU m C) N z H U) H z 0 U) CY W Ix 201 Ms. Holly Raphaelson SunriseCity of - City, Hall Office of the City Clerk — Fourth Blvd. r t i r % J 2l I j / / 110 202 BID TITLE: BID 19 -17 -12 -HR BID NUMBER. ROOFING MAINTENANCE & REPAIRS SECTION 5 - BID SUBMISSION CHECK LIST MAMBW BEFORE SUBMITTING YOUR BID MAKE SURE YOU... V'/ I . Carefully read the SPECIFICATIONS. ............................. 2. Properly fill out the BID SHEET and CERTIFICATION PAGE (Schedule "A"). 3. Fill out and sign the NON -COLLUSION AFFIDAVIT (Schedule "B") and have it properly notarized. 4" Sign R! DRUG FREE STATEMENT (Schedule 5. Fill out the VENDOR QUALIFICATION STATEMENT (Schedule "D"), if required. 6. Include WARRANTY INFORMATION FORM AND EXHIBITS (Schedule "E"), if required. 7. CHECK THE INSURANCE and LICENSE requirements to be sure you comply, and submit PROOF of INSURANCES or LICENSES, if required, with your Bid (Schedule "F"). 8. Complete STATEMENT OF NO BID (Schedule "G"), if applicable. 9. Clearly mark r, NUMBER AND BID NAME on the outside of your envelope. 10. Submit one (1) original (marked "Original") and two (2) photocopies (all collated. and marked "Copy") of bid; Two (2) electronic true and exact copies of the bid, on CD, flash drive or DVD in pdf format. 11. Include a Bid Bond, if applicable. I 12. Make sure your BID is submitted prior to the deadline. Late Bids will not be accepted. FAILURE TO PROVIDE THE REQUESTED SCHEDULES MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE. THIS PAGE AND TWE ;QLgZ'G �&GES & gum i 7mm Revised 6/27/18 Page 413 203 SCHEDULE"All CITY OF SUNRISE BID SHEET & CERTIFICATION The undersigned bidder agrees to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Sunrise, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Sunrise, which are referred to below and made a part hereof, at the following unit prices, to -wit: The following unit prices are associated with roofing, re -roofing and roof repair components. Please be comprehensive in filling out the items involved below. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. An approximate quantity is also provided and the "unit price" and total blanks to be completed by Bidder. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. Please complete the following: Basc bid shall include: ROOF MANUFACTURER'S NAME: Carlisle ROOF BRAND NAME: Carlisle INSULATION NAME: Carlisle ROOFING SYSTEM WARRANTY & PERIOD: 20 year No Dollar Limit (N.D.L.) Additional five'(5) year arrantyotfeFe-d—%IIII Manufacturer's Preventive Maintenance Progral ...... ...... Revised 6/27/18 Page 47 204 A) Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor, Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. n.e proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. 013141"1 4RM Im. A 0 - 010,11MVY MMIF N I Otto W NZWK14* KNIXIVITU ' IIF.J=: Furnish all materials, labor, and equipment for existing roof tear - off, including existing insulation board, down to substrate. This item also includes all disposal costs. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: Q Locations = 500 SY@ $_5-00 /S: F. 2, 500.00 TOTAL b) 1TIedium. Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately., Q Locations = 7,500 &F $ 4.00 1S.F. =$ 30 000 . 00 j .00 TOTAL I c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: fN Locations =2.5 000 SY @ $3-00 IS.F. =$ 75,000.00 TOTAL, JILBU: Furnish all materials, labor, and equipment to install approved isotherm or polyisocyanurate rigid insulation board tapered, based on I Y2 inches thickness, flufly attached to substrate. a) Small Roof Repair Areas: 0 SY. - 500 S.F. Approximately: (2) Locations :="=------- 500-SY (4), $.j-_001S.E = $.j�qQQ,.qQ . . ........ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: Q Locations =, F 50 S.F. 26,250-00 TOTAL . .. .......... Revised 6/27/18 Page 48 205 BID TITLE: BID 19 -17 -12 -HR BID NUMBER: ROOFING MARq'I'ENANCE & REPAIRS c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: Q1 Locations= 25,(1110 S:F .50 1S.F. =$ 62,500-00 TOTAL Nit A 11 em a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:- U2 Locations 500 SY@ $_j-_001S.F, = $ 2,500-00 TOTAL b) Medium Roof Repair/Replacement areas, 501 S.F. - 10,000 S.F. Approximately: Q Locations =.7 500 SY 3.50 IS.F. =$ 2612-50.00 TOT*L I c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: W Locations = 25,000&F (a), $.j._50AF =S 62,50000 TOTIL 11EX.A: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2 -ply base flashing, anchor sheet, with vent sheet, without insulation. a) Small Roof Repair Areas: 0 S.F. - 500 S.F... Approximately: Q Locations 500 S.F IS. F. b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: (2) Locations = 7,500 SY * k4-00 IS. F c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: W Locations =-L5,000 SY @ $_L-5_01S.F. LIEM_j: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2 -ply base flashing, anchor sheet, without vent sheet (uninsulated applications). mom a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:- U2 Locations = 500 SY �$_LOO IS. F: $ 3,500,00 TMAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: _L21 Locations =7A500 SY * $_j-00 IS.F. �� $ 30,000.00 TOTAL EMNINS ---------------------------- Revised 6/27/18Page� 49 tMl 11A.0031IN KIFWJI�� 0. c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: -41 Locations = 46,200 SY @ $.2.00 IS. F, 92,400.00 TOTAL I I IT-701IR a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _Q1 Locations = 500 &F * $1._00 ISY= 4 000-00 TOTAL Approximately: - U2 Locations = 7 500 S F (a) ,$��3-00 XV.F, S - 37 50Q..Q _Q__ Q].Q TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: 000.00 -L31 Locations IS. F. $ 75,000.00 TOTAL a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -U2, Locations =. 500 S.F a@ $12-00 IS.F, $—_ 6,000.00 TOTAL b) Medium Roof Repair/Replaccment areas. 501 S.F. - 10,000 S.F. Approximately: - U2 Locations = 7,.�00.&F g $0 IS.F = $ 30,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (3) Locations 25, 000 S.F* $Z2.50 S.F. $ 62,500.00 TOTAL I 9 * - I I I , 1, � I j to MOO 11067firl M-1 To= I r" , TTONWM7 ol M,!,W Mw 17,1774 1 7Wf,0,t4 CI -301, t MI a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: Y2 Locations =— 500 SF@ $1.00 /5 F. = $ 4,000.00 TOTAL b) Medium Roof Repair/Replacemcnt areas. 501 S.F. - 10,000 S.F. Approximately: - U2 Locations =8,800 S. @ $ 3.75 IS. F. = $ 33,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 1.0,001 S.F. Approximately: _ U4 Locations = 46 700 &F (a), $2.50 IS. F. 115,500.00 TOTAL ........................... Revised 6/27/18 Page 50 207 a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _L21 Locations = 25.- L,F@ $ 5.00 1L.F. $ 125.00 TOTAL b) Medium Roof Repair/Replacernent areas. 501 S.F. - 10,000 S.F.L Approximately: (2) Locations = 90 L.F(a$_L-0_01LF. $ 90.00 -07r -AL Y c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. L Locations =. 200 L. F @ $2:50 Approximately: _(4' IL.1' $ 100.00_ TOTAL LIEM_Z: Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: - U2 Locations = 25 Ls* 20. F. == $ 500.00 TOTAL 'i.) Medium Roof Repair/Replacement areas. 50110,000 S.F. Approximately: -L21 Locations = 90 LY * �_20-00 11-F. $ 1800-00 TOTAL c) Large Roof Repair/Rcplacement Areas: Over 10,001 S.F. Approximately: L.,:JQ F $ 3 000-00 - U4 Locations =_ 200 LY @ $.15.00 /L TOTIL LTZM.j: Furnish all matorials, labor, and equipment to install built- up roof repair/replacement, including pea gravel protection. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:� Location = 450&F@$_L0.00 IS.F. 4,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 15,000 S.F. Approximately: _L21 Locations = 12,000 S Ca) $ 2.00 1,V.F. $ 24,000.00 TOTAL LILM_2: Furnish all materials, labor, and equipment to install built-up roof pea gravel. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:-LIJ Location ',,= 450SF(a$_10.00 IS.F. $ 4,500-00 TOTAL b) Medium Roof Repair /Replacemcnt areas, 501 S.F. -15, S.F. Approximately: _L21 Locations = 12, 000 S. F 3 - 00 IS.F. — QL.... TOTAL iii ER"MINENEMOMM! NEMM" Revised 6/27/18 Page 51 BID TITLE: BID 19 -17 -12 -HR M(IYia�iTl metal flasbing, 24 -gauge stainless steel, 8 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (2) Locations = 25 L.F@ $ 300,00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:- 20 Locations 90 L.F@ $_10.00 IL.F,==S,...___900.00 7�i c) Large of Repair/Replacement Areas: Over 10,001 S.F. Approximately: - 40 Locations =- 200 LY * $.8.50 1L.F.. ......... 1.,2200...0.0 .................. .................... TOTAL fly,&LU: Furnish all materials, labor, and equipment to install continuous 4 -inches metal drip edge. A) UL&ULGAL w"� a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately.- _ U2 Locations =- 25 LY@ $_L8.00 17-1G $ 450.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: -L21 Locations =- 90 L.F@ $_15-00 11_F. $ 1,350.00 TOTAL C) Large Roof Repair/Rcplacement Areas: Over 10,001 S.F. Approximately: _ U4 Locations = 200 LY @ $10-00 17-F. $ 2,000.00 TOTAL B) "Xj"gL5jAwkLU%w a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _U2 Locations = 25 L'F@ $_19.00 11_F. 475.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: _Q1 Locations =- 90 L. F @ $16.00 L.F. = $ 1,440D0 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. - U4 Locations =200 LY @ $.11._0017-F. = $ 2,200.00 TOTAL C) Lma a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _Q1 Locations =______ -LY(a) 19.00 IL.F. 475-00 ------ - TOTAL IMFMEMEMESM .... ]EM. ...M Revised 6/27/19 Page 52 W I AM, Um M-0 IPA, PAMAN-01 114 WN -V 110� WME M, b) Medium Roof Repair/Replacement areas. 501 S.F. -10,0 0 S.F. Approximately: - U2 Locations = 90 L. F * $.16.00 1L.F. $__1,440.00 c) Large Roof Repair/Replacement Areas: Over 10,00 1 S.F. Approximately.- -1�41 Locations = 200 LY @ $11.00 &F. = $_ 2 200-00 L_ TOTAL D) Alwalum a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: - U2 Locations 25 L.F@ $_19.00 ILF. == $ 475.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: - Q2 Locations = 90 L -F@ $16-00 ILF. $ _j440.00 c) Large Roof Repair/Replacement Areas: ever 10,001 S.F. Approximately: r4) Locations = 200 LY @ $�1�100 �IEX $ 2,200.00 TOTAL JJEDJ 12: Furnish all materials, labor, and equipment to install wall counter flashing 24 -gauge stainless steel, surface mounted with spring lock rcglet and 24 -gauge stainless steel flashing, 6- inches vertical. a) Small Roof Repair Area,.;: 0 S.F. - 500 S.F. Approximately. -Q Locations 25 L.FCa) $20.00 IL.F. = $ 500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: -(21 Locations =— 90 L.F(a $.18_ -001I -F. $__L,620.00 TOTAL c) Large Roof Repair/Replaccment Areas: Over 10,001 S.F. Approximately: -04 Locations = 200 L.F*$.15.00 IL.F, $_ 3,000.00 TOTAL coping cap, snap-lok system, 8 -inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -(2 1 Locations 25 L. $.21L00 /I P $ 525,00 07r --- F —AL b) Medium Roof Repair/Replacement areas. 501 S.F. -10, 0 S.F. Approximately: - U2 Locations = 90 LY@ $.19.00 11-F. $ 1710 010 'TOTAL, Revised 6/27/18 210 ffffflffrIKIFO��O t I c) Large Roof Repair/ placement Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 LY �1600 �ILX $ TOTAL B) a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -0 Locations ==-25 LY@ S.L2,00 12-F. =$__5%00 TOTAL b) Medium Roof Repair/Replacement areas, 501 S.F. - 10,000 S.F. Approximately: - U2 Locations =— 90 L.F* $_ 0.00 ILF. IJ-800 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 LY @ C.17-00 &F. = .... �.QO,00 T(.YrA[, C) a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _f2j, Locations 25 LYCE) � 22-0017—F, 5%00 TUTAL b) Medium Roof Repair/Replacement areas. 10,000 S.F. Approximately: -t2) Locations = 90 L.fi'* $.?.0.00 II -F. $ 1800-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4, Locations =. 200. LY * $.17.00 1L.F. = $_3,40(1 .00 'FWAL ITEM 11: Furnish all materials, labor, and equipment to install pipe mounting pedestals (4), with equipment rail (3 feet x 3 feet), and flashing, 18 inches high. $ 3,000.00 TOTtil LTXJJ_15: Fumish all materials, labor, and equipment to install pitch pocket, for 6 -inch diameter vertical clement. TOTAL I I ITP,67, afta ei,uiptflen instai i pipe or auct mounting roof pedestal, 1.8 gauge galvanized steel compleli with flashing, 12 -inches high. — $-1-1-1-00-00 TOTAL Revised 6/27/18 Em" 211 BID TITLE: BID 19 -17 -12 -HR 1W.If 17:Furnish all materials, labor, and equipment to install roof penetration flashings, stainless steel 26 GA., with sealant cover, for vertical 6 -inch diameter element, 9 inches high, umbrella type. Approximately: (4) S 200.00 IE,4 CH $ 800.00 TMAL REX": Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1'/2 inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel shell, base plate and fully mitered 3 inches cant. Approximately : (4) @ L52.00LAA cH $ 1,800m TOITAL IJTM ?JR, "Il flashings for vertical round penetrations, typically vent stac 4-6 inches diameter, 8 inches high, complete with stainless stel, clamps. Approximately : (4) @_L25_0_01F,4CH $ - 300.00 —2 - — TOTAL JJEM 20: Furnish all materials, labor, and equipment to install 6 -inch roof drains, standard dura -coated cast iron, steel inserts with strainer, and clamps (by Zurn, or City approved equal). Approximately:U4 @ $ 1,200.00 1EA CH $ 4,800.00 TOTAL LTYJIZ: Furnish all materials, labor, and equipment to install expansion joint cover, without blocking. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -(21 Locations =, 25 LT0a) $_30-00 IL.F� $ 750,00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: _(21 Locations = 90 L.FGa00 &F. = $ 2,250-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 LY $ 20.00 ILF. = $ 4,000.00 TOTAL K7.) Approximately: (4) $25-00 1EACH 300.00 TOTAL Revimd 6/27/18 Page 55 212 I-flin IVENNIPA, 5 Furnish all materials, labor, and equipment to install 8 inches high x 16 inches wide metal scupper, (4) sided with integral drip striM and surface reglet flashing. A) 24 Gauge Galvanized Steel: Approximately: (4) $150L00 1EACH .... 600.00 70- 7T AL B) 24 Gauge Stainless Steel Approximately: (4) $100-001EACH1,200,00 - i6iTil ---- Furnish all materials, labor, and equipment to install 6-ineT7 A iameter leader. I a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -Q Locations =-25-L.F@ $.1.2.00 ILF, 30 3.00 TOTAL Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: _Q1 Locations = 90 L. F @ $_LO -00 IL.F. $ 900. TOTfJ c) Large Roof Repair/Replacemcnt Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 L.I,'* ;.10.00 11_F. 2,000.00 TOTAL I B) 24 UAH92 StAiIIII91 SLUI a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -02 Locations =-, 25 L.F*k20-00 17-F, = S- 500-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: _Q Locations = 90 LY@ r, 15.00 IL.F. $__1 5g.99 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 LY * $_15.00 ILF. $ 3,000.00 TOTAL C) ALQd&Sd-ALWAiUZ a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -QI Locations 25 LY@ $ 18.00 IL.F, $ 450.00 TOTAL Medium Roof Repair/Replacement areas. 50110,000 S.F. Approximately: -L21 Locations = 90 L. F @ $_L3 - 00 TiEE ................. c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 LY13-00 A.F. = 5 TOTAL Revised 6/27/18 Page 56 213 ima at tin a in va wavia int LTXAUZ: Furnish all materials, labor, and equipment to install continuous 4 -inch -wide metal gutter system, A) 24 GAuZL9Ak&a&aL&W a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. - U2 Locations 25 L. F @.), 2.00 11-F. - 1-25.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: - U2 Locations =- 90 L. F 5.00 ILF.:== S 450.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - 40 Locations1,000,00--- TOTAL a) Small Roof Repair Areas, 0 S.F. - 500 S.F. Approximately: _L21 Locations 25 L.F(a), $10-00 ILF, 500.00 TOTAL b) Medium Roof Rcpair/Rcplacement areas. 501 S.F. - 10,000 S.F. Approximately: - U2 Locations = 90 L. F * $J12 .001,080-00 L! 'AL TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: .00 U4 Locations 200 LY 4QQ. 0 T OT OTAL a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -jL21 Locations 25 LY @ $_18.00 ILY 4%00 TOTAL b) Medium Roof Rcpair/Replarement areas. 501 S.F. - 1(,000 S.F. Approximately: - U2 Locations =- 90 L.F* S�10-00 &F, $ 900-00 IVIAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: -U4 Locations =- 200 LY @ $.10.00 11-F. TOTAL ; i 0 WA I I NKOJI I 1:11111iii'�111111 I W Regular Rate Approximately: 500 Hours @ $ WOO IHOUR 25000.00 TOTAL Revised 6/27/18 Page 57 214 Overtime Rate Approximately.- 200 Hours @ $.��0-00 IHOUR TOTAL B) Journeyman (Labor price should be included in your bid for items indicated) UZZ0=1 Approximately: 500 Hours @ $ 00 IHOUR 37 500.00 TOTAL Overtime Rate Approximately: 200 00 IHOUR $ 15,000,00 MUL Regular Rate Approximately: 500 Hours @ $_�5-00 IHOUR Overtime Rate Approximately: 200 Hours @ $ 55.00 IHOUR LTXJL22: Furnish all materials, labor, and equipment to install 60 Mil, Type II, fabric reinforced Uniform EPDM with a Class 'A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by 'Carlisle Syntec' for existing warrantied systema. $ 27,500.00 TOTAL $--1-11-000.00 TOTAL a) Small Roof Repair Areas: 0 S.F. - 200 S.F. Approximately: -fa Locations =— 500 SY@ $1.00 1S.F. $1,000.00 TOTAL b) Medium Roof Repair/Replacement areas. 200 S.F. - 2,000 S.F. Approximately.-_ 20 Locations =-L 500 S @ k1-50 IS.F. $__-�L250-gQ- TOTAL c) Large Roof Repair/Replacement Areas: Over 2,000 S.Y. Approximately: -(4 IS.F. $ 3,900-00 Locations = 5 200 S. @ $ _175 TOTAL ps-------- - ---------- Revised 6/27/18 Page 58 215 01,10IN 01104010143 MM 2j: Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system). a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: - U2 Locations = 500 SY@ $±.00 IS.E $21000.00 b) Medium Roof Rcpair/Replacernent areas. TOTAL b) Medium Roof Repair/Replacement areas. 500 S.F. — 3,000 S.F. IS.F. $__21,000.00 Approximately: - U2 Locations 3,500 SY@ $1.50 S.F $ 12,250-00 c) Large Roof Repair/Replacement Areas: TOTAL c) Large Roof Repair/Replacement Areas: Over 3,000 S.F. IS. F. $ 133,200.00 Approximately: -U3 Locations = 25, 000 SY @ $_L.50 ISY, =$I_12L�QQ-00 TOTAL ITEM 22: Furnish all materials, labor, and equipment to install Built Coal Tar Roofing system with membrane ply sheets indicated. I a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _j U2 Locations = 500 SF@ $1._00IS.F. = $31000-00 b) Medium Roof Rcpair/Replacernent areas. TOTAL 501 S.F. — 10,000 S.F. Approximately: -(21 Locations =-JX00 S.F@ $±.00 IS.F. $__21,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,000 S.F. .41 Locations = 22,200 SF @ $.j,00 Approximately: _( IS. F. $ 133,200.00 TOTAL !V131 Nal - ... I A . off, down to substrate. This item also includes all disposal cosil 010 Wk! 71 i 71 W a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - U3 Locations = 1.500 S.F@ $1.50 I&E 9 750-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: Locations = 21000 SY @ $�6-00 IS.F, 12 000-00 TOTAL IN Revised 6/27/18 Page 59 9E. MINHWEINTGNMENNEI � I IN i I X, "KNINEW4,12 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations = I ,500& F (a-,) $12,00 IN.F. S 18,000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _Q 1 Locations = 2,000 S.F @ $_10:00 IS.F 20,000-00 TOTAL C) a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - 3 Locations = 1.500 0 IS.F. 22,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _Q1 Locations =2� 000 SY@ k13.00 IS.F. 26 000.00 TOTAL D) XdjL%hLgju a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _()J. Locations =1L500 S @ $.L5.00 IS.F. $__12,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 2,000&F @ $_13100 IS.F. $_ 26 000.00 TOTAL LILDI,U: Furnish all materials, labor, and equipment for the replacement of deteriorated wood substrates. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: -(31 Locations 1,500 SF * $4.50 IS.F. 6,750.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 2.000 SY* $1.50 IS.F. 7.,000.90 TOTAL IVA a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: -Qj Locations . 1,500 SY@ $.10:00 1S.F. $ 15,000.00 TOTAL Curved Roof: (1) Location =1,500 F@ -,500S. $ 0.00 IS.F. $ 15.000.00 TOTAL Revised 6/27/18 Page 60 217 BID ITTLE BID 19 -17 -12 -HR BID NUMBEK- ROOFING MAINTENANCE & REPAIRS b) Medium to Large Roof Repair Area 501 ..a Up Approximately: 2 -0 Locations =_2 000 &F . F. 16,000ZO TOTAL 'X s// (])Location =2,500S.F*$11.00000.00 TOTAL evr, i I I underlayment materials. qfw; / M/11T711j" MOM" a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately:- 30 Locations _1,500 S.F@ $.2,:.50 IS.F. == S..........._ 7%00 TOTAII., b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - 2 Locations = 2.00'0 S; F' @ $.k._401S.F. ... S 800.00 TOTAL a) Small Roof Repair Area: 0 S, ,9. - 500 S.F. Apppoximarefy: _ID Locations = I ,500,9Y 2.00 d $ 3 000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - 2 Locations = 2,000S.F $ 2-50 IS.F. $ 5 000.00 TOTAL W_ Iff-T11,711417311 TOM 117M-4,30,1111 � 11.#14 40!4 r, KRA I I F, I a 111, 1 M0 I", P, I M1 IT M a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _L31 Locations = 1.. 00 SY@ $,4.00 IS.F. $ 6,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _Q Locations = 2. 000 S'F 3 - 50 IS.F. $ 7 000QO TOTAL 9N WT,111771 Oita) 171 M, 01,1 J VA4,114 I I q1 4J I 11� a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ 3 Locations =1,50€ S F $ 5.00 IS� p° = $__7,500XL0_ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _L21 Locations =2,000&F' @ $1._50IS.F. $ 9,000-00 TOTAL ow" P. -MMM. .................. Revised 6/27/18 Page 61 9L MIMnAMMMIMAM4914 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _L31 Locations = 1500 SY $1.00 IS.F. $ 7,500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -Q Locations = 2, 000 SY 4-50 IS.F. $---9 000-00 j- TOrAL a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations = 1,.500 SY@ $.0.50 IS.F. 750.00 b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - 2 Locations = 2,000&F@ $.2-25 1S.F 500-00 TOTAL UXZW: Furnish all materials, labor, and equipment to install pressure treated blocking. A) Z.LA a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: Locations 100 L.F @ $.§-00 11-F $ 5QQ.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _ 20 Locations -,..._300 LY @ $.1.00 II -F 1200.90 TOTAL MEOW a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _L31 Locations = 100 L. F. Ga) $6:.00 IL.F. k._600.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: 21 Locations 300 L. F @ $5.00 IL.F. $ 1500-09 TOTAL C) 2AA a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _Q1 Locations = 100 LY $_10.00 IL.F. $_ 1000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 300 L.F. 8.00 ALF $ 2,400,00 TOTAL Rig "U"A �i ffifildhihi R rnafflWL�M 2m11�mm ....... . .................. ... .. ................................. . .. ............... Revised 6/27/ 18 Page 62 219 1114LU: Furnish all materials, labor, and equipment to install sheml metal flashings and trim. I a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. - 30 Locations = 100 L,F. @ $12:00 ILF, $ 1200.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _ 20 Locations =300 L.F. Ga) $_10,00 &F. nr $ 3,000.00 TOTAL LTZ,BLU: Furnish all materials, labor, and equipment to install metal gutter. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: -(,U Locations = IQQLYF *$.25.00 ILF: 2,500.00 T"OTAL M) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _Q1 Locations = 300 LY, @ $10.00 II -F, = $---6,000.00 TOTAL Jb M44 TWT, MI -17,141, .............. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations 100 L.F. Ga) $17. 0 0 IL. F. TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F * S.22.00 1L.F. = S 6 600-00 TOTAL LIEW. 36: Furnish all materials, labor, and equipment to install rigl#j' standard ridge vent, high density polypropylene or U stabilized plastic. I a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: -L31 Locations = 100 L.F. 10-00 IL.F.= 1L000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately: - U2 Locations =300 L.F. * 8.00 OL. $ 2,400.00 TOTAL ReAsed 6/27/19 Page 63 220 reinforced asphalt shingles, mineral -granular surfaced self- sealing. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = I _L500 S F @ $.±._00 IS.F� = $—fi,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately:- U2 Locations = 2 000 SY Go) $ 3, 50 1S.F. = 7.000.00 TOTAL Copper shingles 34 -inches x 12 -inches, 2 clips per panel.1 a) Small Roof Repair Area: 0 S.F. - 500 S.K. Approximately: _U3 Locations =-1,500,SF (a) $.15.00 IS.p'" 22,500 00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately: _Q1 Locations = 000 S, F g $15. 00 IVF, == $3o Ili !i TOTIL EEM: Furnish all materials, labor, and equipmekto install galvanized steel sheet, .0276 inch with, siliconized polyester coating. A) 1 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations JQQSY * $161.00 IS.F = $_ 24z000.QQ_ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -L21 Locations =1000 SY @ $_L5.00 IS.F. = $ 30,000.00 TOTAL a) Small Roof Repair Area-, 0 S.F. - 500 S.F. Approximately: _Qj Locations = ]JOO&F $.1O,00 IS.F.:=x $ _15,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _(21 Locations = 2 000 SY $_9.00 IYF: $ 18,000.00 TOTAL Revised 6/27/18 Page 64 221 ITEM 40: Furnish all materials, labor, and equipment to install aluminum sheet, coil coated alloy, .040 inch with siliconized polyester coating. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - U3 Locations = 1 ,500 S F ( 7-00 IS.F $ 25,500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _0 Locations = ±2 000 S.F $ _L6.00 !S.F, 32,000.00 TOTAL B) BaUm.5sm a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations == I 5008Y @ $.11-00 1S.F 16 $----'500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _L21 Locations = 2 2.F 10-00 IS. $ 'TOTAL C) a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - U3 Locations = 1 -,-500 �� F 1100 IS.F := $-16 509 00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F* $.LO.00 I&E 20 000.00 TOTAL 9113mr, MI, MnIMM##TzIM- Italm, 11113WIT Mt. 45 MIT a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _Q1 Locations =1,500 &F @ $.12.00 . = $--18 OCLO.09 'TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2,000 SY * $_10.00 IS.F. 20 .90 TOTAL N MR ........... MCOMMUMM Revised 6/27/1.& Page 65 222 FtY0IHM;W'-N2M I a I WINS I0 a to 11-01410 10015 awle I a M9.1 wgjqw, ,f °P i a IE a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - U3 Locations = 1 ,500 SY $ 1.00 IS.F. 16,500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _Q1 Locations =Z 000 S.F @ k10-00 IS.F. 20 000-00 TOTAL DALWI& a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = �150(.&F $.11,00 IS. F.= $ 16,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 2,000 SY a $_LO.00 IS.F. $ 20,000.00 TOTAL L'LE,2j_U: Furnish all materials, labor, and equipment to install 4" diameter leader. EX a) Small Roof Repair Arco.: 0 S.F. - 500 S.F. Approximately: _fR Locations = 100 LY* $A -_00&F. $ 800-00 ........ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _ U2 Locations = 300 LY, @ $1.00 /Z.F.== $ 2,100.00 TOTAL 91 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. - U3 Locations = 100 L,F @ $2.00 II -F, 900,00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -L21 Locations = 300 L.F. Ga) k8-00 IL.F $ 2 400.00 TOTAL a, a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations -=, 100 L.F. * $_1I.00 F. 1,100-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - 2 Locations = 300 L.F, Ga) $_10.00 II -F, $ 3,000.00 TOTAL Revised 6/27/18 223 1;3# QN013M Vo X014120 FAF) WIII M. 11 !1 tM"WItts I I ]KIN I rijmr"1010111 A) fiM&a&LM!:Mk a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1, 500 S.F @) $.10.00 IS.F.$ 15,000,00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_ U2 Locations = S. 0 _2 00 F F, 9.00 IS. $ 18,000-00 , TOTAL B) lit Shifts a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations = 1500 &F @-) $ 9.00 IS.F. $ 13 00-00 -- 5 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:- U2 Locations = 2,000 S.F @ $.8_.501S.F- $ 17,000.00 TOTAL LTYAD1.4A: Supplies not listed or included elsewhere MAY be purchased under this contract, on. a strictly COST-PLUS arrangement only. Documentation of vendor cost must be provided with written (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of this type of material will be required per year. Il 04,74 Er MI $25, 000 250.00 TUFAL ajfgwwymk�w ReAsed 6/27/18 Page 67 224 Roofing Inspection and Report The report will be comprehensive and include a quote for repairs formatted in line with the contract. The quote shall identify emergency, remedial and replacement cost. Report shall include but not be limited to the following: I All roofing inspection roofing numbering system shall conform with the City of Sunrise building numbers. Vendor shall coordinate the proper building numbers with the City representative to ensure inclusion into the report. 2. Providing information of the roof (i.e. date of installation, based on permitting documents, roof characteristics and geometry, roof type, roof square footage, and any other information that may be required). 3. Providing color images or photos, within the body of the report, identifying the roofing area, condition, and deficiencies that may require immediate attention. 4. Date of estimated need for replacement. 5. LOS as follows: A=10 or more years of service life remaining; B=8 to 10 years of service life remaining; C=5 to, 7 years of service life remaining; D=2 to 4 years of service life remaining; F= Less than I year of service life remaining. NOTE: The City may increase or reduce the total number of roof quantities needed to he inspected and reported. Approxiniately 100,000 S.F.@ $ 0.06 /S.F. $ 6,000.00 0 ... .. I ... ... ...... "I',"", Two Million"rhree Hundred'Twelve Thousand Four Hundred Forty Dollars bA9dMvAann&cegdg_Uootid &Inc _ President Vendor Name Name Revised 6/27/18 Page 68 225 0Il �fil , with the amount of work necessary or to bring the contract value to wit in t established limit. All quantities are estimated and the City reserves the r' ht iG crease, reduce, or eliminate the contract quantities in any amount. Delivery will be made within calendar days after receV of purchase order. !M, it '&dd If applicable, would you extend the prices bid herein to other municipalities? Award of bid is not contingent upon concurrence with this offer to other municipaes. Yes: X No: ADDENDUM RECEIPT Bidder shall acknowledge below the receipt of any and all addenda, If any, by listing the Addenda No. and date of issuance, ADDENDUM NO: N/A /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE Advanced Roofing, Inc. �P.Kor�nahreny-, President Te nd—o —rN a m e Name of Authorized Person prodlWAKER"WWANNOMMMEWOR Revised 6/27/18 11age 69 qLV 199 - I Bid. I also certify that this Bid is submitted without prior understanding, agreement, or connection with any corporation, firm or person submitting a Request for Submittal for the same materials, services, and supplies and is in all respects fair and without collusion or fraud. The Respondent certifies by his/her signature that the person signing this Certification is authorized to bind the firm by their signature. Company Narne: AdvaincedRooff , Mc. m ............ — — — — -------- — — — — -------- Adidress_195011YW22ind-St. City IL o ft ILaude rII e_ — ------- —,— State... FL.,._ ......... . ............. _' �Zip 33311 Phone# (954) 522-6868 Fa (954) 566-2967 1 .. . .... . ------ --------- E -Mail michaelk@advancedroofing.com Si n t r a Title President '3rinted Name: Robert P. Kornahrens OILROJAC14, "'0 "up EXENVOW-60"MMMUMMM MR Revised 6/27/18 Page 70 227 This affidavit is to be filled in, executed and notarized by the Bidder. If the bid is made by a Corporation, then it should be executed by its Chief Officer. This document MUST be submitted wil the bid. STATE OF Florida )SS COUNTY OF Broward Robert P, Koirinahirens being first duly sworn, deposes and sa ilit .. ................... . ........... (Type or print name of person who is signing below) 1. He/she is the President (Owner, Partner, Officer, Representative or Agent) of the Bidder that has submitted the attached Bid. 2. He/she is fully informed with respect to the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. 3. Said Bid is made without any connection or common interest in the profits with any other persons making a Bid for the said commodities/services, Said Bid is on our part in all respects fair and without collusion or fraud. No head of any department, any employee or any officer of the City of Sunrise is directly or indirectly interested therein. If any relatives are employed by the City, indicate name and relationship below. Name: A Relationship: Name: Relationship: Advanced Roofing, Inc. Revised 6/27/18 Page 71 qL-1 F R 90TIT a i im rim I I "OOMM MET 0 # # # 0 #1 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or Contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or Contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 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 Vendor complies fully with the above requirements. I hereby certify that the company submitting this Bid has established a Drug Free work place program in accordance with State Statute 287.087 or f Z2 Robert P. Kornahrens, President VtNDOR'S MNATURE Advanced Roofing kic COMPANY'S NAME Revised 6/27/18 Page 72 229 Drug and Alcohol Policy Advanced Roofing, Inc. The company's safety sensitive work, the widespread availability and use of unauthoriz prohibited, illegal or controlled substances, and the company's commitment to maintain a d free work force, requires the pre-employment, post -accident and unannounced periodic random drug and alcohol testing of all employees. Additionally, all employees will be subject searches and inspections of their person, vehicle and personal effects for the presence of illeg or controlled drugs, chemicals or substances, alcohol, explosives, contraband or firearms. I I The use, bringing onto company property or job site, possession, concealment, transportation, promotion or sale of the following substances or items, by any employee, contractor, subcontractor, their employees and invitees is strictly prohibited, to wit: a) Illegal drugs, unauthorized controlled substances, look -a -likes, designer, synthetic or any other drug which may affect an employee's motor functions or alter a person's perception working b) Prescription drugs/over the counter medication except under the following conditions i. The employee shall inform his supervisor prior to using any prescription drug ♦ over the counter medication and receive written permission to possess such drug while working on the job. ii. The prescription vial shall be labeled by the dispensing pharmacy and the label shall show the employees name, physician, prescription number, date the prescription was filled and the dosage rate. Prescriptions more than 30 days old will not be qlloweii_ iii. The over the counter medication will be in its original package or • �,v. The employee shall only possess enough medication for his normal shift. 230 As a condition of employment or continued employment, all employees shall be deemed to have and agreed to cooperate with the implementation of this policy and abide by its terms. In addition, as a condition of employment or continued employment, all employees shall be deemed to have agreed to the following enforcement procedures. a) Searches and Inspections - An individual's entry into, or presence at, company property, or project work sites, is conditioned upon such persons consent to the right of the company, its authorized representative, or appropriate law enforcement personnel to search the person, his vehicle and personal effects for the presence of unauthorized, prohibited, illegal, or controlled drugs, chemicals or substances, alcohol, explosives, contraband, or firearms. 2. All searches, inspections and drug screens will be performed in a professional manner, with concern for the privacy and confidentiality of all individuals. 231 1. Laboratory Testing The company will designate the laboratories to perform substance testing on blood or urine specimens in accordance with standards set forth by the National Institute for Drug Abuse. The substances and detection levels covered by this testing program are set forth below. Employees may be asked by collection site personnel to indicate whether there is the potential that they will test positive for prescription or other substances. A consent form and information sheet will 'be provided. If the employee fails to provide an acceptable urine specimen the company may take the following steps: a ) Extend the stay of the employee at the designated collection site, if feasible, until an acceptable specimen can be collected. b ) Reschedule the test due to unusual circumstances, i.e. post-operativ4 situations. C) Discipline the employee, up to and including termination, on the first offense for failing to cooperate or refusing to provide an acceptable specimen ' WO .8 spectrometry (GC/MS), using a portion of the same specimen. In case of testing by means other than urine (i.e. breath or other samples), reliable laboratory or instrument testing procedures will be followed. 2. Non -Lab Testing a) In the event of a positive reading, the specimen will be scaled and a chain of custody form will be completed and it will be sent to a NIDA certified lab for GC/MS analysis. b) If the additional test results are positive, or if the employee fails or refuses execute the Chain of Custody forms as directed by the company, termination will result. If this additional drug screen is required and the results are positive for the presence of drugs or alcohol the employee will authorize the company to deduct, from his/her final paycheck, the sum of $50.00 to defray its costs of administering this program. If the additional drug screen results are negative, the employee will be returned to work and compensated for time lost from thejob. IMMIM 232 MOME271=0 a) If the final result of a pre employment drug screen is positive, the applicant will not be employed. No applicant can be reconsidered for employment sooner than six (6) months following the date of the positive drug screen. 2. Employees a) No search, inspection or drug test will be conducted without written consent. However, any employee who refuses to provide such written consent and fully cooperate with this policy will be subject to disciplinary action UP to and including discharge from employment. b) Under certain circumstances, disciplinary action may include a mandatory referral to and enrollment in an approved rehabilitation program at the employee's expense. This action may also require an indcfinite suspension of regular employment. C) An employee's job is not in jeopardy by reason of his voluntary admission to having a substance problem and request for help an d referral to an approved rehabilitation program, provided there has been no prior violation of this policy, and the employee has not previously been through rehabilitation while employed with the company, and further provided that such request is made prior to, and well in advance of, any consideration of being tested under the provisions of this policy. The cost of this rehabilitation will be at the employee's expense. The employee will be placed on a one time administrative leave, without pay, for no longer than 30 calendar days. Employees participating in this rehabilitation program will be subject to follow-up or "maintenance" testing for a 5 -year period. d) If the final result of a "random", "for cause", "post -accident" or V'maintenance" drug screening is positive, the employee will be terminated fi-orn employment, and he may not then request rehabilitation. No terminated employee can be reconsidered for reemployment sooner than months following termination. e) Any terminated employee who is subsequently rehired and later fails another drug screen will no longer be eligible to be reconsidered for employment under any circumstances. 2. Contractors, Subcontractors, Vendors, Their Employees' Agents, Servants or Representatives. a) No search, inspection or drug test will be conducted without written consent. However, anyone who refuses to provide such written consent and does not fully cooperate with this policy will be subject to disciplinary action up to and including removal from the job or job site, as may be 233 �ndividual involved be suspended from the job pending the results of the company investigation. 1 All employees will be informed regarding this policy at the time of employment. Additionally it will. be discussed periodically at "tail gate" safety meetings. 2. In the event an employee or terminated employee requests a review be conducted regarding his/her positive test result, the laboratory will conduct a retest of ?_ portion of the same sample previously tested and will make the results of the retest available to the employee or terminated employee provided the request is made within 12 months following the initial test, In the event that the retest is also positive, the employee or terminated employee will be required to pay for the cost Of S,MVL-1 St. 3, A good faith effort will be made to advise any employee who receives a positive test result via a meeting with the employee's Superintendent. 4An employee who has a substance problem is encouraged to seek immediate assistance. The Human Resources Department will provide the employee with the name and address of local agencies or facilities that are equipped to provide the rehabilitation assistance needed by the employee. 5. The employee may be eligible for a one-time leave of absence from work for a period of up to 30 days, for the purpose of enrolling in an approved rehabilitation program. As a condition of employment such employee must test negative on a substance test in order to return to work. Such request must be made in well in advance of any request by the company to submit to a random or for -cause substance screen. 6The employee cannot use as a defense against termination the existence or availability of a rehabilitation program or make any claim that participation in any program is a reason for reinstatement orjob retention. ��UWI�M 0M As a minimum, the following substances and detection levels shall be tested for: MINY1911 Amphetamines 1000 NG/ML Opiates 2000 NG/ML Cannabinoids 50 NG/ML 234 M= = Concentrations at or in excess of the above levels shall be conclusive proof of unacce-otable levels of unauthorized, plohibited. ille substances. VIL CLIENT REQUIREMENTS In the event that an Advanced Roofing, Inc.'s client has Drug Testing Guideline that ar,; more stringent than those outlined above, the client's guidelines will be followed for all work done with that client. Examples of more stringent guidelines include but are no) li-rtite,4to: 1. A greater nurriber of substances (panels) to be tested for 2. A lower detection/cut off levels 3. Specified number or percent of employees to be tested on the site 4. DOT or similar mandated programs OEM= 235 IJJI�WIMIDMM StIEDILE �4W CITY OF SUNRISE BIDDER'§_Q ICATION STATEMEN-11 The undersigned certifies under oath the truth and correctness of all statements and all answers ti questions made hereinafter: Company Narne-, AdvancedRoofl,nF I ........................................................................................................................... ........ ..... .......... F."TIM=- 50 ie F11 33 19NVU1 221nd St... Twort Laud street city State Zip Code T61sphone:C9S y .522-6868 Fox::( 2,!.5A 6 7 ....................................................................... E Mail�: MIVciiaeil(@advaii-iE!tg!:222u.icoirn .......... Web Site: VV 0 -n Egg EF firlg,,��,.go i .................................................................................... =011MIRIM11101" !111111M III I If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: .............................. . ..... Under what former names has your business operated?: Korn & Sons Roofiniz At what address was thatbusiness located? 1950 NW 22nd Street, Fort Lauderdale, FL 33311 Mas your company or its senior ofticers ever declared 6anKrUptCy-f Yes No— X If yes, explain: Are you a sales representative, distributor, broker, manufacturM of the commodities/services bid upon? NO I Have you ever received a Contract or a Purchase Order from the City of Sunrise or other government entity? Yes X No If Yes, explain (date, service/project, bid title, list. Have you ever received a complaint on a Contract or bid awarded to you by any government enIf Yes No X if yes, explain: Have you ever been debarred or suspended from doing business with any government entity? Revised 6/27/18 ME= t;�LV KM MOMM OWN013=33 tT#IQI# Yes - No X ................. IfYes, explaisni .. . ............ --l—.. I w Mr. r- M- ITO 0 MM Wj;T:I&-ATTAiT4- 0 WMVP 77 Consultant's rights, remedies or duties under a Contract for the same or similar type services to be provided under this Bid: Siele attachied five pr year fifivation histoi (Attach addffionM sheets as necessary) Revised 6/27/18 W� 237 R F MAI 'TIER �� w� °'R� ' "7W„ Oh �� IIS„ EE� Ir:: El ern" ",A B 01..,.5 9 H F', ED, Si SSS B Government Agencies - Work Performed by ARI - Service Since 1999 Year Government Agencies Contract Amount ootid Wsstc utarity 2002 SWA-COMPOST BLDG. $1,954,241.89 2003 SWA-WEST CENTRAL TRANSFER $39,561.00 2003 SWA-NORTH COUNTY TRANSFER.. $579,300.00 2003 SWA: COMPOST BLDG -DESIGN WRIS S272,018.00 2004 SWA COMPOST BLDG B $3,761,473.32 2006 SWA COMPOST BLDG B-CL22-23 $2,369,493.50 2006 SWA WEST TRANSFER STATION $796,625.00 2006 SWA-BELLE GLADE TRANSFER STAT $542,150.00 2007 SWA CENTRAL COUNTY TRANSFER $1,844,447.82 2007 SWA CENTRAL COUNTY TRANSFER -LA $373,443.44 2008 SWA SOUTH COUNTY TRANSFER SCAT $13,900.00 2009 SWA NORTH COUNTY FACILITY WATE $16,000.00 2009 SWA CENTRAL COUNTY TRANSFER ST $12,277.00 2009 SWA ADMINISTRATION BUILDING S47,572.00 2009 SWA NORTH COUNTY FACILITY WASTE $16,000.00 2009 SWA CENTRAL COUNTY TRANSER STATION $9,429.00 2009 SWA ADMINISTRATION BUILDING $86,428.00 2010 SWA LANDFILL SCALE HOUSE CANOPY $105,748.00 2010 SWA AIR COMPRESSOR BUILDING $17,764.00 2010 SWA SCALE HOUSE BELLE GLADE $53,076.00 2010 SWA EQUIPMENT MAINTENANCE FAC $407,828.95 2011 SWA EQUIPMENT MANTENNACE B $15,476.51 2011 SWA FACILTIY MAINTENANCE EMERGENCY $25,438.00 2012 SWA NORTH COUNTY TRANSER STATION SCALE HOUSE 59,917.00 2012 SWA WEST CENTRAL COUNTY TRANSFER STATION SCALE $9,934.00 2012 SWA COTS EXTERIOR METAL SHELF FLASHING $162,105.00 2012 SWA NCTS & WCCST ROOF COATING S26,200.00 2013 SWA WEST CENTRAL TRANSER S69,545.00 2013 SWA LANDFILL SCALE HOUSE GUTTER S4,110.00 2013 SWAFACILITYMAINTENANCE EXHAUST $2,351.00 2013 SWA CCTS BUILDING A G $1,098.00 2013 SWA MAINTENANCE FACILITY FUEL $4,358.84 2013 SWA LANDFILL SCALE HOUSE - GUTTER $4,110.00 2013 SWA FACILITY MAINTNEANCE - EXHAUST FAN REMOVAL $2,603.80 2013 SWA SECURITY BUILDING $5,338.00 2014 SWA COTS OUTLOOKER & SOFFIT REPLACEMENT S471,927k7 2014 SWA VISITOR CENTER CANOPY $65,127.45 2014 SWA ASH HOUSE $59,475.86 2015 SWA FM GLOBAL FASTENER ENHANCEMENT VARIOUS BLDGS $279,959.00 2015 SWA PLANT SITE REF #I - METAL SIDING S2,266,91.2.00 2015 SWA CCTS-LOUVER TRIM FLASHING $43,434.00 2016 SWA -NORTH COUNTY TRANSFER OFFICE B $74,228.00 2016 SWA - WEST CENTRAL COUNTY OFFICE BL $74,228.00 TOTAL $16,996 654 0.5 BROWARD C0jlQt__. ro nvd.Cavro c 83k�I"s�s a 2005 BROWARD CI'Y MASS TRAN-COIIANS 16,500.00 2005 BROWARD, CTY MASS T-COPANS 1,284,850.00 2007 BROWARD MASS TRANSIT - METAL 3,452,395.00 2007 BROWARD MASS TRANSIT - METAL R 75,000.00 2007 BROWARD MASS SIT -METAL RF 15,000.00 Year Government Agencies ContractAmount 2008 BROWARD MASS TRANSIT AC 38,120.00 2008 BROWARD MASS TRANsrr LP 8,400.00 2008 BROWARD MASS TRANSIT- PRINT, B 95,854.00 roward County, 1999 BROWARD CO FIRE STATION $8,900.00 1999 BROW CO WATER TREATMENT PL $49,422.00 1999 BROWARD CO. MAIN COURTHOUSE $44,36300 1999 BROWARD COUNTY LIFT STA. #440 $51,650.00 2000 BROWARD COUNTY MOTOR POOL #2 $2,500.00 2001 BROWARD COUNTY JAII, GUN TOWER $9,725.00 2002 BROWARD CNTY MASS TRAN BLDG 2 $39,825.00 2002 BROWARD CNTY VOTERS EQIP WRNS $168,805.00 2002 BROWARD CNTY-PUBLIC SAFETY COM $85,825.00 2003 BROWARD CO. SEXUAL ASSAULT CNT $71,52500 2003 BROWARD COUNTY FIRE STATION 23 $10,550.00 2003 BROWARD COUNTY LANDFILL $9,900.00 2004 BROWARD CO. COURT MAINT SHOP $4,350.00 2005 BROWARD CNTY MASS TRAN-RAVENWD $1.74,205.00 2005 BROWARD CNTY MASS TRANSIT $6,985.00 2005 BROWARD COUNTY MASS TRANSIT $7,860.00 2006 BROWARD CO I A WATER TREATMENT $28,125.00 2006 BROWARD CO. WATER PLANT 2A $19,500.00 2006 BROWARD COUNTY 2A WATER TREATM $425,700.00 2007 BROWARD CO. DISTRICT I A $12,454.00 2007 BROWARD CO. MASTER LIFT STATI $1.2,720.00 2007 BROWARD WTP OPERATIONAL BLDG $139,814.00 2008 BROWARD COUNTY WEST PARK FIRE $173,455.00 2008 BROWARD COUNTY- ADMIN BUILDING $1.30,423.00 2008 BROWARD COUNTY CONVENTION CENT $641,708.00 2008 BROWARD COUNTY DETENTION FACIL $13,300.00 2008 BROWARD COUNTY MAIN COURTHOUSE $113,303.70 2008 BROWARD COUNTY WATER TREATMENT $7,402.00 2009 BROWARD CO. WATER TREATMENT PL $171,305.75 2009 BROWARD COUNTY WASTE WATER, PLA $220,397.00 2009 BROWARD COUNTY WATER REC ATI $94,000.00 2009 BROWARD COUNTY WATER TREATMENT $78,894.00 2009 BROWARD COUNTY WT PLANT MODULE $78,646.20 2010 BROWARD COUNTY CONVENTION CENTER $32,523.00 2010 BROWARD COUNTY THICKENING $1.48,835.00 2012 BROWARD COUNTY STOCKADE $1,672,355.00 2012 BROWARD COUNTY SUNVIEW PARK $28,670.00 2012 BROWARD COUNTY WASTE WATER. PLANT 3-A $21,496.00 2012 BROWARD COUNTY WWS WATER SUPPLY WAREHOUSE $48,820.00 2013 BROWARD COUNTY LIFT STATION $11,340.00 2014 BROWARD COUNTY SOUTH REGIONAL BROWARD HEALTH DEPT $1,182,71.3.50 2014 BROWARD COUNTY-STEPHEN R. BOOHERBLDG $1,133,523.00 2016 BROWARD COUNTY SHERIFF'S OFFICE $53,730.00 2016 BROWARD COUNTY $99,770.00 2017 BROWAD COUNTY - SUNRISE DAN PERAL LIBRARY $234,972.00 Ilroward CountX Water Trea# ent 2007 BCWT MAS"TER LIFT STATION #440 $106,045.50 2007 BCWT MASTER LIFT STATION #450 $146,359.50 2007 BCWT MASTER LIFT STATION #454 $122,575.50 2007 BCWT MASTER PUMP # 450- A/C $8,500.00 2007 BCWT MASTER PUMP #410 ELEC $1,250.00 2007 BCWT- Master Pump Station #410 $95,378.50 2007 BCWT MASTER PUMP STATION #458 $107,099.00 2008 BCWT- PLANT IA- A&F $75,961.00 2008 BCWT- PUMP STATION #452 $139,107.00 2008 BCWT PUMP STATION #460 $121,864.00 2008 BCWT BUILDING #9 $54,213.00 2008 BCWT- DISTRICT 4 OFFICE $164,825.00 2008 BC DISTRICT 4 OFFICE AC $2,75000 2009 BCWT PLA $220,397.00 239 Year Government Agencies Contract Amount 2012 BCWT WWS WATER $48,820.00 2012 BC AIR $21,496.00 Broward County Parks dCc I$ r tion D artet 2006 BCPRD TY PARK/ SLAVING BLDG $334,380.00 2006 BCPRD BRIAN PICCOLO PARK $3,400.00 2006 BCPRD BRIAN PICCOLO PARK $39,832.00 2006 BCPRD DEERFIELD ISLAND PARK $59,904.00 2006 BCPRD FERNFOREST $10,192.00 2006 BCPRD QUIET WATERS PARK $58,344.00 2006 BCPRD SECRET WOODS PARK $110,240.00 2006 BCPRD TRADEWINDS PARK $21,944.00 2006 BCPRD WEST LAKE SHELTERS $32,792.00 2008 BCPRD CB, SMITH PARK $234,206.50 2008 BCPRD MA AM PARK S30,80600 2010 BCPRD-AGRICULTURAL EDUCATION $134,418.00 2012 BCPRD - SUNVIEW PARK $28,670.00 Brow Cour onsl�aa Autliorlte� 2014 BCHA-PARK RIDGE COURT & HIGHLAND GARDENS $923,062.00 2014 BCHA-COLLEGE GARDENS APARTMENTS $441,875.38 2016 BCHA HEADWAY OFFICE $I 17,400.00 . .. TOTAL . ........... . . . . ....... $IL611 511.0.....3 1.999 MIAMI AIRPORT CONCOURSE D $201,925.00 2000 MIAMI - FAA ATCT BASE BLDG $11,571.00 2001 MIA #745E $399,536,06 2001 MIAMI AIRPORT DISTRIBUTION CNT $512,68015 2002 MIA #737G $2,558,368.01 2002 MIA#74IE $1,438,696.82 2002 MIA #745B $312,539.01 2002 MIAMI AIRPORT DIST CNTR-CANOPY $9,100.00 2003 MIA AIRPORT PENETRATION WORK $57,127.79 2003 MIAMI AIRPORT #3095 -FLASH $1,300.00 2004 MIA #747-D AR INTIK[. PRE DEMO $134,757.00 2005 MIA CONCOURSE D $232,365.00 2005 MIA TERMINAL B & C $67,500.00 2006 MIA #739-C CONCOURSE D REPAIRS $231,898.00 2006 MIA #745E CHUCKWAGON $236,650.00 2007 MIA 737E & G & 739H $80,500.00 2007 MIA 737F C -D INFILL GATE CONTR $155,417.00 2007 MIA 7390 PHASE 11 & MISC REPAI $360,497.50 2007 MIAMI AIRPORT COURTYARD $280,450.00 2007 MIA MARRIOT BLDG 4 $8,500.00 2008 ........................................................................................ MIAAMERICAN EAGLE 1) EINETRKHON ............... ...................................................................................... $6,500.00 TO"I'AL"IZ1.27AM-11.4 ............... ............... F Mlagniijade HUD 2006 MIAMI D HUD - MODEL CITIES $598,825.00 2006 MIAMI DADE HUD -GARDENS APTS $632,933,48 2006 MIAMI DADS HUD, LIBERTY SQUARE $3,336,92150 ............ Mlardi -DAlkaqu&jAwLA6-ly 006 MDHA - ANNIE COLEMAN — 2006 MDHA - GWEN CHERRY #16 2006 MD14A - NARANJA - SUNSET POINT $634,436.00 $287,965.00 $755,430.00 2006 MDHA- ARTHUR MAYS VILLAGE $691,51(),0() 2006 MDHA- CULMER GARDENS $378,034,00 2(ft MDIIA- ................ MANOR PARK $244,35,K),00 1,01,117 ................. ............................................................ . ................. . ................. .................. . $3 UBO .................... 240 Year Government Agencies ContractAmaunt 1* a U ey 2004 PRATT & WHITNEY EOB 3 WEST END $344,346.00 2005 PRATT & WHITNEY EOB MIDDLE SEC $630,263.00 2006 PRATT & WHITNEY A-8 TEST CELL $180,115.00 2006 PRATT & W . N EY ADR BUILDING $297,500.00 2006 PRATT & WHITNEY MPG. BLDG SUB $56,755.00 2007 PRATT & WHITNEY E AREA MAIN $479,925.00 2008 PRATT & WHITNEY Cl I BLDG LP $6,1.50.00 2008 PRATT & WHITNEY C-1 I CONTROL B $126,527.00 2008 PRATT & WHITNEY CONTRACTOR PROM $15,825.00 2008 PRATT & WHITNEY BOB CAFE ANNEX $224,786.00 2008 PRATT & WHITNEYL RESTRAINT $29,915.00 2008 PRATT & WHITNEY TEST ADMINISTR $548,634.00 2009 PRATT & WHITNEYMFG BLDG/TUBE $23,800.00 2010 PRATT & WHITNEYAREA A, C & E $67,770.00 2011 PRATT & WHITNEY C12/C14 PREP BL $96,870.00 2011 PRATT & WHITNEY FAN ROOM $71,540.00 2011 PRATT & WHITNEY MANUFACTURING $105,1.88.00 2011 PRATT& WHITNEY REMOTE TEST SITE $496,14300 2011 PRATT & WHITNEY TM&C B $203,26300 2011 PRATT & WHITNEY REMOTE TEST SITE NEW YORK & MONOPOLY $501,328,00 2012 PRATT & WHITNEY B-13 STORAGE BL $22,64000 2012 PRATT & WHITNEY B6 TEST STAND EXPANSION $94,053.00 2015 PRATT & WHITNEY C-10 CONTROL B $47,959.00 2015 PRATT & WHITNEY MANUFACTURING BL (FAN ROOM #2) $1.606,400.00 2017 PRATT & WHITNEY MFG BLDG 2017 PROJECT" $1,924,825,00 TOTAL $8.252.758.00 2000 Fl, TPIKE & SAWGRESS EXP $75,620.15 2001 FL, TPIKE & SWGRSS EXPRSWY 2002 $65,626.00 2001 FL TPIKE M /SEMINOLE 2001-2 $67,580.86 2001 FL TPIKE VETERANSLK2001-2 $42,696.48 2002 FL TPIKE M /SEMINOLE 2002-3 $69,050.00 2002 Fl, TPIKE VETERANS 2002-3 $44,675.00 2002 FLTPIKEJ SWGRSS EXPSWY 2002-3 $80,300.00 2003 IT, TPIKE VE BANS/ 2003-4 $67,707.34 2003 FL TPIKE M /SAWGRASS 2004-5 $31,664.05 2003 IT, TPIKE M /SEMINOLE 20034 $49,093.68 2004 FL TPIKE HURR. JEANNE LOW SLOP $29,07000 2004 FL TPIKE HURRICANE FRANCES $18,300.00 2004 FL TPIKE SOUTHERN CONN. 2004-5 $41,158.17 2004 FL TP . JE NE LANTANA $37,825.00 2004 FL TPIKE-HURRICANE, CHARLEY $47,660.00 2004 FL TPIKE-NAPLES TO TAMPA BAY $30,000.00 2005 FL TP-SAWGRASS2005-2006 $25,145.84 2006 FL TPIKE ALLIGATOR ALLEY EAST" $141,500.00 2006 FL TPIKE HURRICANE WILMA RPR. $80,778.53 2006 FL TPIKE MILE POST" 29 $4,300.00 2006 FL TPIKE MILE POST 29 $1.1.0,000.00 2006 FL T?lKE MILE POST 33 TOLL B $3,600.00 2006 Fl, T?IKE MILE POST 33 TOLL BTH $102,175.00 2006 FL TPIKE SAWGRASS EXPR $84,552.18 2006 FLTPIKE SEMINIIS.CO1 2005-6 $154,60000 2006 FL TPHICE SEMIOE VETERANS $154,600.00 2006 Fl, TP NW 27TH STREET $3,600.00 2006 FL NW 27TH STREET $91,000.00 2007 PL TPIKE SAWGRASSE Y 07-08 $151,300.00 2007 FL TPIKE SEMINOLE SOUTHERN VET $50,000.00 2008 I"Iw I"I".IIrI, I&1 PAJILS FT'DRUM, M, CAN 5394,267.44 2008 171, wwwww................ 2...4...1..i;u„4....I..I. . 0 ........... w...... m.u.......................w..............µ...n..,.:I.I..11..K... ......w N&YrynkWa ..« ............. 5. 2 ... ....... .........$. 241 year Government Agencies Contract Amount 2004 PORT EVERGLADES MAINT2004-05 $357,637.00 2006 PORT EVERGLADES - TERMINAL 21 $77,594.00 2006 PORT EVERGLADES CROWLEY ADMIN $155,82528 2006 PORT EVERGLADES SECURUY OPS $10,504.00 2006 PORT EVERGLADESIAMMAN BLDG $3,000.00 2006 PORT EVERGLADES/AMMAN BUILDING $114,296.00 2006 PORT EVERGLADES -TERMINAL, 29 $219,825.00 2007 PORT EVERGLADES HARBOR, MASTERS $12,615.00 2007 PORT EVERGLADES MAINT 07-08 $775,353.30 2008 PORTEVERGLADES TERMINAL 18 $39,370.00 2009 PORT EVERGLADES FANS -A/C $20,669.00 2009 PORT EVERGLADES TERMINAL 18 $687,943.62 2010 PORT EVERGLADES 20 10-2011-2012 $530,886D0 2011 PORT EVERGLADES BLDG 64 SECURITY BLDG $183,000D0 2012 PORT EVERGLADES TERMINAL 26 $217,385,00 2012 PORT EVERGLADES 'TE RMINAL 21 $328,190.00 2017 PORT EVERGLADES FRED STEVEN BLDG FrZ $599,279.00 TOT$4 . ...... — --------------- 333 372.20 City of Fort Lauderdale 2004 Fr. LAUDERDALE COURTHOUSE-MTL $900.00 2005 Fr. LAUDERDALE HIGH-GDNCE/LNG $206,281.00 2006 Fr, LAUD 301E ING $130,72336 2006 FT, LAUD BRANCH LIBRARY $7,400.00 2006 Fr. LAUD CARTER PARK GYM $328,511.26 2006 FT. LAUD CENT M SHOP $342,415.79 2006 Fr, LAUD COLLEEN MOORE BLDG $20,362.00 2006 Fr. LAUD FTN #88 APPARATUS $108,540.28 2006 Fr. LAUD FIRESTONE #53 $49,779.00 2006 Fr, LAUD SWIMMING HALL $46,648.23 2006 Fr. LAUD WAR MEMORIAL $88,276.76 2007 Fr, LAUDERDALE- POLICE STATION $330,214.01 2007 Fr, LAUD MISC. REPAIRS $153,392.00 2007 FT LAUD FIRE STATION 13 $13,522.00 2007 Fr LAUD AIRPORT CONTROL TOWER $8,200.00 2007 FORT LAUDERDALE POLICE $15,250.00 2008 FORT LAUDERDALE G.T. LOHM EYER $42,10100 2008 FT LAUD- 101 N. ANDREWS AVENUE $182,849,42 2008 Fr LAUD E&W GENERATOR BLDG $103,050.21 2008 Fr LAUD- G.T. LOHMEYER WWTP EX $6,824.00 2008 FT LAUDERDALE INTERNATIONAL Al $82,000.00 2008 FT LAUDERDALE WWI? SLUDGE AC $2,870.00 2008 FF. LAUD- 101 N. ANDREWS AV $5,875.00 2009 Fr LAUDERDALE POLICE MARINE UN $52,018.00 2010 FT LAUDERDALE POLICE DEPT $18,000m 2010 Fr. LAUDERDALE E GAZEBO $55,311,00 2012 Fr. LAUDERDALE HOLIDAY PARK SOCIAL CENTER $76,801.00 2013 Fr, LAUDERDALE PUBLIC WORKS ADMINISTRTION BLDG $146,820.00 2013 Fr LAUDERDALE HOLIDAY PARK $1,74,132.00 2013 FT LAUDERDALE INTERNATIONAL AIRPORT $404,523.00 2013 FT. LAUDERDALE POLICE DEPT $360,025.00 2013 Fr, LAUDERDALE POLICED JAIL $229,046.00 2014 Fr. LAUDERDALE WAR MEMORIAL AUDITORIUM $396,809.74 2014 FT. LAUDERDALE CITY HALL $379,570.59 2014 Fr. LAUDERDALE OSSWALD PARK RECREATION CENTER $97,624,61 2015 Fr, LAUDERDALE FLOYD HULL STADIUM -MORTON ACTIVITY CENTER S33,048.00 2015 Fr, LAUDERDALE PARKS & RECREATION ADMIN BLDG -COATING $28,434.00 2017 Fr. LAUDERDALE SWIMMING HALL OF FAMETJME KEEPER ROOM $14,677.90 2017 Fr. 1AUDERDALE FUELING SlW110"N BLIX'j $33,945bO TOT'Al, $4 776773156 1 Palm Beach Co !1�� 2007 PBC- FIRE RESCUE- FLAT ROOFS $873,653.75 2007 PBC- HAGEN RANCH 11BRARY $471,749.00 242 Year Government Agencies Contract Amount 2007 PSC- PBSO SUB STATION AND PMD $16,900.00 2007 PBC- WEST BOCA LIBRARY $252,44&71 2008 PBC GOV CENTER T & T BUILDING $13,565.00 2008 PBC VETERAN'S PARK. $23,486.00 2009 PBC OKEECHOBEE LIBRARY $323,207.00 2009 PBC- SOUTH PARK PRESS BOX $57,093.00 2009 PBC - PALM BEACH JAIL $663,566.00 2009 PBC - PALM BEACH JAIL EXPANSION $59,005.00 2009 PBC - PALM BEACH COUNTY JAIL CENTRAL $99,844.00 2010 PBC - AGRICULTURAL MOUTNS COMPLEX - SOLAR $1.46,523.00 2011 PBC STOCKADE MAINT. $1.4,200.00 2012. PBC M (CJC) SOUTH TOWER $45,523.00 2013 PBC CABANA COLONY YOUTH CENTER COATING $14,500.00 „2017 PBC -'I.w'BIA BI.DG 1.475 ° _$_746,715.00 2001 TOTAL $1.41,825.00 �ruth��Iuarwa� � �a�aa 01_SIC'u;4mn2lrva°,ratioun, i1>1llwtdli2.9C 19X71 2,015 SFRI"A, OPERA°1"16Dl�WS CENTER & POMPANO BEACH1"'W-RA'VI, STATION $1 „"I20,000,00 TQN'Al, $'1,7211000°OINB _._._._._._._._._._._._..._.. .... ..... ..... ......- ................................. ........._. 243 GSA 2014 GSA FORT LAUDERDALE FEDERAL COURTHOUSE & OFFICE BL $781,171.78 2014 (,'YSA MIAMI I~DA1"DE, I;(IURI°H";A1. SE ANNEX $524,772.20 $1,405,943,98 Dade County 1999. DADECO, RESOURCE RECOVERY $1,NVI9,1182„881 2000 DADE CO RES REC - PHASE III $190.,350.00 2001 1;D,A:D13 C°D°Y` R.ES "I'.MBNE 1131. )(3 $145,582.12 TOTAL $1355.814,9)2 Fndkn River Couut 2018 INDIAN RIVER R COL)N'U"Y.-A DM11141S'IRA°I"1IAN Ji3`LIXi w A,. &B $1,245,000bO TOTAL, $1245 000 00 N4tloal Guard Armory 2001 NGA- LIVE O $90,825.00 2001 NGA- ST AUGUSTINE $130,825.00 2001 NGA-SARASOTA $1.41,825.00 2002 NGA- N1FAY $72,400.00 2002 NGA-CAMP BLANDING $19,575.00 2002 NGA-CHIPLEY $15,825.00 2002 NGA-DELAND $18,750.00 2002 NGA-FORT LAUDERDALE & ANNEX $88,830.00 2002 NGA-HOMESTEAD (BLDG 756) $43,950.00 2002 NGA-HOMESTEAD/ANNEX (BLDG 759) $99,225.00 2002 NGA-MARIANNA $17,385.00 2002 NGA-MIAMI $48,825.00 2002 NGA-MIAMI (OMS) $56,220.00 2002 NGA-SANFORD $44,580.00 2002 NGA-TAMPA (BUILDING 522) $15,700.00 2002 NGA-WAUCHULA. $10,425.00 2002 NGA-WEST PALM BCH CALLAWAY $30,625.00 2002 NGA-WEST PALM BEACH (OMS) $44,000.00 2005 NOA-,CAL1: OWAY MAR4I3'I,I G -WPB $191,825.0&'1 TOTAL .° _ ...... S 118'1 615 00 °°°°°°°°;........: United States Postal Services 2001 USPS -LUCERNE AVENUE STATION $75,825.00 2002 USPS -SURFSIDE $1,500.00 2003 USPS -JOSE MARTI STATION $5,470.00 2003 USPS -MIAMI BEACH $5,165.00 2003 USPS -CAROL CITY BRANCH $83,825.00 2004 USPS -14U CANE REPAIRS $150,980.00 2005 USPS-INDLkNTOWN $1,709.00 243 Year Government .Agencies Contract Amount 2005 USPS MERRITT ISLAND $477,000.00 2006 USPS SUNRISE BRANCH-HURR WILMA, $14,875.00 2006 USPS ADDISON BRANCH $12,480.00 2006 USPS Fr. LAUDERDALE MAIN $21,560.00 2006 USPS HALLANDALE BEACH $47,900.00 2006 USPS LAKE WORTH $16,800.00 2006 USPS NORTH MIAMI BRANCH $33,850.00 2007 USPS DEERFIELD BEACH $17,825.00 2007 USPS Fr LAUD LOADING DOCK EXT $105,761.57 2007 USPS Fr LAUD VEHICLE M FAC $4,742.01 2007 USPS SOUTI-I FL $50,000.00 2009 ... . ........ USPS- MARGATE BRANCH -- .................................. ------------- $J 3,60(IWO - TOTAL 8 City, of Boca Raton 2004 BOCA RATON WATER TREATMENT FAC $136,810.00 2006 BOCA RATON UTILITIES I I & 47 $177,628.00 2006 BOCA RATON UTILITY BLDG 17 $79,652.00 2006 BOCA RATON UTILITY SERVICE $134,062,50 2006 BOCA RATON WATER TREATMENT $149,699.00 2007 BOCA RATON LIBRARY $93,000.00 2008 BOCA RATON- SUGAR SAND $12,280.00 2009 BOCA RATON MUNICIPAL GOLF LOUR $11,965.00 2009 BOCA RATON TOWN HALL $11,906.00 2009 BOCA RATON SKATE, HUGHES, RED $211,373.00 2010 BOCA RATON MAUSOLEUM BLDG $16,725.00 2010 BOCA RATON SUGAR SAND PARK $12,950.00 2013 BOCA RATON CITY WIDE ROOF REPAIRS $38,205.00 2013 BOCA RATON SOUTH BEACH PARK REPAIR $18,544.00 2013 BOCA RATON CITY WIDE ROOF REPAIRS $22,275.00 2014 BOCA RArON FIRE STA110114 #6, $76,085.00 TOTAL ....................... . .............................................................. .......... . . .......................... s 1 2,03 159.50 .................... �1.11 1.12 .................. ...................................................................... Federal Aviation Administration 1999 FAA - N. PERRY CONTROL TOWER $11,400.00 2000 FAA CONTROL TOWER FIL EXEC $17,625.00 2000 FAA MIAMI SERVICE STATION $3,800.00 2003 FAA LONG RANGE RADAR BLDG $3,825.00 2004 FAA -ADMIN. WING REHAB $300,232.50 2006 FAA ANNEX BUILDING $225,825.00 2006 FAA CHILDCARE CENTER $235,825.00 2007 FAA CONTROL TOWER LIGHTNING PROTECTION $2,500.00 2007 FAA CONTROL TOWER $182,510.00 2009 FAA -A NTA $227,100.00 2009 ooa�--------------------------- FAA JACKSONVILLE HI1.lIA1a` 3 $141,800,00 T(VrAl, $2j !6Z 442,50 Cit l Of West Palm Beach 2007 WPB- CL2 BLDG HAVERHILL $36,446.62 2007 WPB- CONTROL BLDG HAVER WWTP $115,110.14 2007 WPB- FIRE RESCUE STATION # 5 $121,622.37 2007 WPB- MAINT BLDG HAVE ILL WWTP $96,247.38 2007 WPB- POWER STATION HAVERHILL $51,321.67 2007 WPB- SEPTAGE STATION HAY WWTP S5,889.03 2007 WPB - HAVE WWTP $96,247.38 2007 WPB TRAIN STATION A/C $9,500.00 2007 WPB IN STATION - ROOFING $855,022.52 2009 WPB PROSPECT PARK PAVILION $38,750.00 2010 WPB AMTRAK STATION $17,050.00 2012 WPB GBT WWTP $117,523.00 2014 WPB - PLEASANT CITY MULTI -CULTURAL CENTER $46,825.00 2015 WPB POLICE DEPT & PARKIGN GARAGE (VARIOUS) $39,719.00 244 In p rw aw awry aww ^uwtlenwwpnwwwuu�IPwp % wnnununununun aw awn waw aw aw aw aw aw aw aw aw aw aw aw aw aw.w.w.w.w.w.w.w.w.w.w.w.w.w.w...................w...... '� �d 2011 .,wa 1O A1, $11,6 4,11 2016 faiy of Davie $315,051.00 2005 DAVIE SQUARE SHOPPING CENTER $304,225.00 2007 DAVIE- BERGERON RODEO GROUNDS DS $5,9$0.00 2007 DAVIE FIRESTATION # 68 $94,855.00 2007 DAVIE FIRESTATION #68 $33,000.00 2007DAVIE- SUNNY LAKE HOUSE $78,162.00 2007 DA WOLF LAKE PARK PAVILION $35,330.00 2007 DAVIE W WTP 3 BUILDINGS $63,250.00 2009 DAVIE- TOWN HALL BLDG A $129,500.00 2009 TOWN OF DAVIE AC CHANGEQUT $5,716),00 2009 TOWN OF DAVIE CITY HALL $12,031.00 2009 TOWN OF DAVIE OLD SCHOOL ADMIN $40,425.00 2010 DAVIE QLD SCHOOL MAIN BUILDING $62„3115.011 2DI O DAVIE POTTER PARK $1.4,62'T00 2010 DAVHE Gll-.!NE1RkI'0ll1I11.CIIDWG S36„825.110 ,-w—w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�---..a..a..a..a.............................aw�w 11 L$916 .......:::::::......�.. _.. _._.... 315 00 ......... 11lorlda l3a artmot of Traaa 2rta� 2009 FDOT PGA BLVD LICENSE A/C 2009 FDOT PGA BLVD LICENSE OFFICE 2009 FDOT TURNPIKE REPAIRS $740.00 $57,523.00 $113,903.97 2009 FDOT TURNPIKE P S $113,793.97 2011 FDOT 2011-2012 ROOF REPAIRS $125,690,00 2016 FDOT - BOCA PATON DATA CENTER $315,051.00 20117 F: ElOT—ALIG: GA"I DR A.LI,1 ES1l 1 LAZA, (';Alli0l`) S179,408,00 1 (y1CA Lwllb6!1.114 C� of —Su -i- 2011 SUNRISE UTILITIES ADMD41STRATION BL $304,322.00 2013 SUNRISE OLD BLOWER BL $33,680.00 2013 SUNRISE UTILITIES WTP-ELECTRICAL BL $92,523.00 2014 SUNRISE CIVIC CENTER (METAL ROOF} $222,818.74 2014 SUNRISE WTP DEWATRING BL $31,673.00 2017 SUNRISE -NOB HILL SOCCER C $264,841.00 2017 SUNRISE - ROARKE HALL $1.88,988.00 2011-2019 SEOla`VI1 E "R.EPAJRWORK) Mt)1,°I- I,3;I,A)CA'1"1a; NS TOTAI:. ------------wq1!jm�15 51,1628,,,957. INQAA 2016 awwwwwwwwwwwwwwwwwwwwwwwwwwa... i? OAA ,.1HJIIA IMI W -53„6a21 oo ,-w—w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�w�---..a..a..a..a.............................aw�w $5163,421.1I0 Department of Transportation 2006 DOT SOUTH DADE MAINTENANCE $358,825.00 2007 DOT DISTRICT 4 WHITE ROOF $119,025.00 2007 1:;V011,10VMPAI�IOMA11^I°l[ENAJNCEYAl1:D .wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww -------$73,815,00 TOTAJIA .... $5551, 665AH0 City of r to 1999 MARGATE PUMP HOUSE $3,106.00 2000 MARGATE CITY HALL CAULKING $5,175.00 2002 MARGATE COMMUNITY CENTER WLKWY $4,546.00 2002 MARGATE OLD LIME PRESS BLDG. $16,253.00 2003 MARGATE SLUDGE PUMP $7,825.00 2010 MARGATE CITY HALL & COMMUNITY CENTER SO $488,395.00 2011 MARGATE CITY HALL AJC $7,300,00 2M 1 wwwwwwwwwwwwwwwwwwwwww MARGAIIF Cllwl' WIALI-.1 I6&11"1"N26d111u1I63"II ;nc619 wwwwwwwwwwwwwwww� ww $4,,546,00 ,w�w�w�w�w�w�w�w�w�w-- ......a.a�aw TOTAL $5537 146 0 01 _.. ::.::. .._...._...._...._...._...._.. r ........,. 6:°Rmmfl-lo r —Reach l"63MPAN(:) B11A(,,H .. PUBLIC SA.1 �"'T �' COM FLEX $481.,613,00 ..a.......................a .....,................................................... a�wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww AL . .48 01..3..04, 245 year Government Agencies Cit L—of—Ughth () —usepe I nt 2006 LIGHTHOUSE POINT CITY HALL 2006 LIGHTHOUSE PT DIXON Al -IL HALL Contract Amount $250,000,00 $65,77128 2006 LIGHTHOUSE FF'PUBLICWORKSK,'WAR $160,000,00 TOTAIL $475,772.28 2013 MONROE COUNTY LkNCED,'YT` I-I',STER BlIX,3 $3 32,4015,N) S332 405.00 USDA 2017 USDA - FT LAUDERDALE, BLDG 17 $278,925J)0 2017 USDA. -US HORTICULTURAL $327,399A7 TFFAL $606 324 87 cki!igkAoat�tlt 2012 LAKE WORTH CITY HALL 5612,849,00 LAKE W(.)R`Fl-1 1000 LAKEAVENUE BII)G $221,917,00 1XVI'Al1, $284 766 00 City of Mla-i Beac4 2014 MIAMI BEACH POLICE STATION $125,846.08 �t- RtIpw4quotit bu xtufl LAY kLi C—le, 2015 [NJ - INESTPALM BEACH S275,001'1001 .................................... — T(WAL $27 , 2014 ........................ DELRAY BEACH I.-NDME'EY!"ARK COMmuguY, CETNT.,,R RCK)F A ......................... $274,72500 T(YTAL"IS .......... 610 .... .. .... ... . . . .... . ..................... Lftty of Lauderdale Lak es 2013 LAUDERDAIX LAKES Vfl'qCLNT'T()RlElS BLIX3 S237,3501.00 . . . . . . . ........................... ad ......................... TOK'Al, ......................................$,237,:550.001 .. ........................... . . .......... 20 -111 -e -fir -C-2 BRA, 2003 C0111ER. Cf"FY ILI BRARY 52,700.00 2004 COLLIER CO, FIRE STATION 60/61 $24,368'.00 2004 COLLIER COUNTY BUILDING "W" $8,165.00 2004 COLLIER COUNTY SUBSTATION A $6,925.010 2004 COLLIER COUNTY SUBSTATION B $13,825b0 2007 COLLIER COUNTY BUS FACILITY $28,8,25b0;1 2007 COLLIER COUNTY BIUSTRANSFI' ............................ . . . . . . . . . . . . . . . . . . $120,42.5,110........... ... ............................................. T(YFAL ............ $205,533.010 2012 MIAMI BEACH SOUTH SHORE COMMUNITY CENTER $8,930.00 2012 MIAMI BEACH BOARDWALK PAVILIONS $65'1 „6x87.00 2013 MIAMI BEAk(',',H AN(,',Ii(,)iR GARAGE . .............................. . . ............ S32,43100 .....................u„u $1503 050.00 ............. 2016 US STArEDEPAum ENT - IWAIN R(K)IF ............. ... . ............ ........ ...... ...... $182,175,00 'r(JrFAL — --------- .5,1.1124E"P v,110 BSO ........... 2017 iwwww BSO - NORTH BI(CPHARD JAIL, .................... $178,924,00 . . . TVI'Al, ---------- ................. $,�Vg �924�00 2010 ARMY CORPS OFENGINEERS - MILLE' R FlLTMKNG STATION S167,397b() .......................................................... . ....... $167 City of Mla-i Beac4 2014 MIAMI BEACH POLICE STATION $125,846.08 �t- Yfl.............. mm ................ ud.'..... i.$ P�°&r6 .W'� "4�'d�gd�d`.4�� 4PM mmm ..m.m .................. � gmmmmmmmmmmmmmmmmmmmm�nm�mmmmmmmmmm�mw„mw„mw„mw flai4aau rile. ZI3ea,,E . ASCF1€RE STATI ON96,4'➢ $49,000,00 201"v....OH19If LLOYD BEACH SkM SARK, Oft STROOMS . mm .... . ........w ....... ......................... ..mmmmmm...................eunwIInwn $11 4,315,00 rows gfPal Beach 7. 2005 FloridaFish and WW111a fe, .......................... �,..,.,.,.,.,.,.,.,.,.,.,.,.,.. $111,693,00 2013 .........m.m.m.m.m.m.m. )OPEC MMSTFT1GEs HOP ........mm.mmm .....mmmmm� $0465L00 2005 .....mmmmm.......... fi it ............mm SllN1! ,tot 111.00 NAV'FAC ?'OC:4TIL p015 ...... NAV mmm ..... �........mmm ..mmmmm..........m.m.mm...... ............ 101,53x.00�.... ..............m AAlCDAwIAIREA(h�NBIW(C1141,F)CP#10 mm. d .... 2(:X)l PI'. M V .S SCmRVX",',E WORK $27,703,25 .m ..„.„.„.„.„.„.„. ................mmmmmmmmmmmm ..... ---- $78 797-85 2014 0111A LOkC1 aC OIL D,1; 11""x” HAIR, -TOWFER ROOF $20,9,25.31 TQrAL S23 925 31 2013 JC"AMARA1;..PUMP STA7f"lQN. '111 $116,000M 7LD1"Aip "1.60011m00 GRAND TOTAL, $94,416,820.35 247 Lft SI Hallandale 2014 flai4aau rile. ZI3ea,,E . ASCF1€RE STATI ON96,4'➢ $49,000,00 'I'M"Al,00 �., $49 I4�@�U rows gfPal Beach 2005 TOWN OF PALM BEACH -NURSERY L $111,693,00 2005 TOWN OF PALM BEACH -SOUTH FIRE v, my0,00 2005 .O.CYWN 01' PALM BFACH-TOWN HALL, $19,293,00 7JCAA ?'OC:4TIL 2014 0111A LOkC1 aC OIL D,1; 11""x” HAIR, -TOWFER ROOF $20,9,25.31 TQrAL S23 925 31 2013 JC"AMARA1;..PUMP STA7f"lQN. '111 $116,000M 7LD1"Aip "1.60011m00 GRAND TOTAL, $94,416,820.35 247 IL-1 *See attaclied [Ref&reriice List BID TITLE: BID 19 -17 -12 -HR BID NUMBER: ROOFING MAINTENANCE & REPAIRS 'No the pa�t three (3) years: Agency/Firm Name: Agency/Firm Address: Address: atwstat p C o Phow Fax: ........ - - - - - - Contact: E -Mail: -------- ------- Gky/state0p Gode: Phone: Fax.. ................................................................ Contact: E-Maik Agency/Firm Name: Agency/Firm Name: . . . ...... Address: Address: City/State/Zip Code-, Phoine: Fax: Contact, E -Mail: I ................................................................. Cftyll')tate/ Zip Clode: I,... . . . . phornv Fax: ContacF_ E -Mail: Agency/Firm Name: AgencylFirm Name: Address: Address: City/state/Zip Phone: Fax: Contact: E -Mail: City/State/Ips Code: . ........ Phow Fax: Contact: E -Mail: YOUR COMPANY �INAME Advainiced Roofi . . . ......... ADDRESS 195014"UV22ndSt Ft,,Lpu1der1da�e,,,R.33.3I1 . . . . . ............. j 110NE: 2.54 j 522-6468 . -2967 (254 EMAIL: MMMMEEMEM-w-wom MEWMI Revised 6/2.7/18 Page 75 249 ATTK, FT�S, A OVA P4C ROOF'ING 9 CC -0O24413 ESTABLISIHIED "1983 .1 Nil I I I I I I .................. Name of Firm: School District of Palm Beach County Contact Person: Tim Woodruff Title: Senior Project Administrator Add Type: Term Contract Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof Email:'T"im,Woodr�LiffCc�pp.�Mbeactiscl�loo�ls,,Orf!, .......... ............... Phone: (561) 687-7046 / (561) 722-1803 cell Fax: (561) 434-8074 Date of Service: 25 years Cost of Service: $28,000,000.00 ©. 1994 — Hard Bids & RS meanr, Name of Firm: Broward College Contact Person: Sean Devaney Title: District Director, Facilities College Wide Maintenance Address: 3501 SW Davie Rd., Bldg. 23, Davie, FL 33314 Type: Term Contract Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof Email:5deLranp i2broward.edu yJ Phone: (954) 201-6974 / (754) 581-3708 Fax: (954) 201-6444 Date of Service: Since 2003 Cost of Service: $12,000,000.00 since 2003 Name of Firm: Publix Supermarkets Contact Person: Armand Cotnoir Title: Maintenance Program Manager Address: 3300 Publix Corporate Pkwy., Lakeland, FL 33811 Type: Roofing Service Level Agreement ©. Roofing Repairs, Maintenance, Design -Build & Re -Roof Email: Arirnand.,C�oZt�inoir 42ngbfix.c M ............................... Phone: (813) 967-7417 Fax: N/A Date »<.—©©<©996 Cost of Service: $33,000,000.00 since 1996 ---- — ------------------ m(wmadvencedroofing,con? ;63 &6369 L954. 2: 68Ax 954,566.2967 1950 NW 22110 Street I Fort LauderdWel Movilda 33311 250 ATTKIRs, (",'C41*24413 ESTABI. N IED 1983 Contact Person: Davi4i Sanith Title: Facilites Maintenance Address: 1350 W. Broward Blvd., Fort Lauderdale, FL 33312 Type: Term Contract Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof Email: QSrnith foialauderdal ov Phone: (954) 828-6560 / (954) 257-9375 cell Fax: (954) 828-5650 D Name of Firm: City of Sunrise Contact Person: Alan Gavazzi Titl e: P u rcha si ng S pecla I ist Address: 777 Sawgrass; Corporate Pkwy., Sunrise, FL 33325 Email: &Qavazzij2sunrisefI.Aov Phone: (954) 572-2487 Fax: N/A Date of Service: Since 2011 Name of Firm: City of Boca Raton Contact Person: Wayne Anderson Title: Facilites Manager Address: 201 W. Palmetto Park Road, Boca Raton, FL 33432 Type: Term Contract (Piggybacking of City of Fort Lauderdale) Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof ................. Phone: (561) 416-3391 / (561) 239-2084 cell Fax: (561) 416-3342 Date of Service: Since 2004 1T079 No=$#I wwsm w.advm itici�oofirig,c(wry; 8,00638.68691"El 954,52216868�:A)(954561629,67 1950 IN'W 22nd Street I F"ort IL.aiuderdWei Florida 33311 251 UXp,,F_RIIIIEHCr- MAT,re,IIRS, A, 10r, CC -G024413 ESTABLISHED 1983 Title: Assistant Director, Facilities Projects Address: 4202 East Fowler AveTampa, FL 33620 Type: Term Contract (Piggybacking of City of Fort Lauderdale) Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof Email: Wl,)E Phone: (813) 974-6172 Fax: N/A Date of Service: Since 2015 Cost of Service: 1,359,014.00 Name of Firm: Palm Beach State College Contact Person: Brandon Langenwalter Title: Facilities Manager Address: 4200 College Ave., Lake Worth, FIL 33461 Type: Term Contract (Piggybacking TCPN/RoofConhect) Email: IlaDgtnwb @ aHibeachstate.edu Phone: (561) 993-1158 Fax: (561) 993-1158 Date of Seoksu4i�osz-:)�� M#O Name of Firm: Solid Waste Authority Contact Person: John Low Title: Project Manager Address: 7501 North Jog Road, West Palm Beach, FL 33412 Type: Term Contract Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof Email: ,LmCcii oz, Phone: (561) 640-8923 Fax: (561) 358-1941 Date of Service: Since 2002 w44r�4.adt�atice(froortrig,cof�rb ............... ........................................................................................... ___ __'._'._ 800 638A5869 "I"IE 11, 954,52Z6868 I!W 9545662967 1950 INIVV 22"dStreet i Fort LauderdaleE Florida 33311 252 CC -0O24413 EEPABUSIHIED 1983 Name of Firm: School Board of Broward County Contact Person: Michael Carr Supervisor of Roofing tiM♦ rStreet, FortLauderdale, Phone:Type: Term Contract / 321-4638 M Date of Service: Since 2005 Name of Firm: Port Everglades Contact Person: Jouvens Adrien Title: Construction Project Manager Address: 2101 Eisenhower Blvd., Fort Lauderdale, FL 33316 Type: Term Contract Scope: Roofing Services — Port Everglades & Other Broward County Entities (NSM) Email: °adrien hroward.or Phone: (954) 468-3500 Fax: N/A RUITWU 4 li.. u ContactPerson: Vince Elliot Title: Senior Project Manager/Operations Manager Address: 777 Glades Rd., Suite 300, Boca Raton, FL 33431 Type: Negolated Bids/Term Contract Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof Phone: (561) 297-2248 D. 1 ' wwv 800638.686,911-1. . 6,91 - . 954,522-.6868 .�� 2. 8 FACK 94.566„2967 995014W 22nd ,Sere t IFort L uderdWeO Hohida 33311 253 I 01"fill b WARRANTY INFORMATION FORM ALL BLANKS SHOULD BE FILLED IN AND SUBMITTED WITH BID MINIMUM WARRANTY SHALL BE AS SPECIFIED HEREIN MAKE AND MODEL OF ITEM PROPOSED: Carlis�e DOES WARRANTY APPLY TO ENTIRE PACKAGE OR ONLY TO SPECIFIC PARTS? (State Explichly) .Pint!re,..P2� ... ...... ...... DOES WARRANTY INCLUDE LABOR FOR REPLACEMENT OF DEFECTIVE PARTS? x YES, -NO Twenty (20) year No Dollar Limit (N.D.L.) guarantee on materials and labor by Carlisle & Two (2) year standard warranty on material WARRANTY PERIOD FOR PARTS REPLACEMENT and labor by Advanced Insurance, Inc. ITORTRI M0110" 1:3 I-LUM IM I I I I STA"F&I tkk TELEPHONE:_12�� FAX: -2967� EMAIL: Mic ��ad�yan�edroofi NEAREST SOURCE TO THE CITY OF SUNRISE FOR P1RT5§ AND PERIOD: 19510 NW 22nd'Street, Fort Lauderda�e, FL 33311 TELEPHONE: ,,.4 5L 2-6868 FAX 12a4) -2, % _[aU 7 EMAIL- ... . . . ........ . .... A COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: X -YES NO NAME OF ATTER: Advanced Roofing, linc. SIGNATURE AND T11 ILE: TELEPHONE- (954152 DATE: _Aprfl 24, 2019 1117MVIRAM11F, om bent R. Kornahrens, President E.M. 254 CARUSLE 00rL Tam RoOFING SVSTF,,,#,,M WMI]IRM1111" SERIAL NO. DATE OF ISSUE - Vs"; BUILDING ADDRESS: rr DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: DATE OF ACCEPTANCE BY CARLISLE: Carlisle Roofing System, I=, (Carlisle} warrants to the Building Owner (Owner) of ft above describ ing, That a, 10 this torula, conditions, and limitations stated in this warranty, Carlisle will repair any leak in the Carlisle Goldental Roofinir, he (Carlisle Total Roofing System) installed by a Carlisle Authorized Roofing applicator for a period of XX years commencing date ilde's acceil rice of the Cadisle Total Roofing System installation, However, in no event shall Carlisle's obligations extend beyon bsequent to substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration, The Carlisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Adheel ut 'Se nsulation, S' S' Cover Boards, Fasteners, Fastener Plates, Fastening Bars, Insulation Adhesives, and any r Carlisle brand promdu hstallation. TERMS, CONDITIONS, LIMIT S ,# %rCsr1;1,e 1. Owner shall provide Codes, v4th written nodoevia letter, fax or ernall within thirty (30) days of to discovery of any leak In the I Rcsollng System. Owner a Id vaitlen rodoo of a leak to Cadlitle's Warranty Services Department cAft address sotforlh at the boftorn of ft won nl,/ Cadale or its desig 9W thus cause oftle IsaK 'a "y so nee", warr Should the Investigation reveal the cause of the leak to be outside the scope of this want" I—, Code ioe shall be Owner, 2, If, upon Inspection, Cadislar determines that the leak to caused by a doW In the , :Wj pectin Carlisle Roofing Applicator in installing the same, Owner's remedies and Carlisle's liability shalt be limited to Caddell repair of T I 1h leak. sc 8. This warranly shall not be applicable It, upon Cantatas inspection, Carlisle detorml Wig Kin d, .t (a) The Carlisle Total Roofing System Is damaged by natural disasters, Including, lvvj, tations, as do, halt, hurricams, and winds of (3 second) peak gust speeds of XX mph or higher measured at 10 motors above ground, (b) Lon of integrity of the building envelope and, or structina indutcling, but not limW backing, wall sldl% wY s, doom or other envelope cornponeral or from roof damage by wind-blown facts, or: (c) The Carlisle Total Roofing System Is damaged by any intentional or n acts, a r, F has, vandalism, civil disobedience, or the like. (d) Deterioration arfaiturs of building components, Including, but not III -fVAC units, non Centile brand metal wont, etc., occurs and causes a leak, or otheivAse damages the Carlisle Total Roofing System; or avw (a) Adds, arils, harmful ch cats and the like come in contact with the Ca ie a leak, or otherwise damage the Carlisle Total Roofing System. (f) The Carriers, Total Roofing System encounters looks or is otherwise any condition within the building that may generate moisture. 4. This Warranty shall be null and void it any of the following shall occur (a) If, after installation of the Carlisle ToW Roofing System by a "'s". oft or repair$ made an or through to real or oblects such as, but not limited to, structures, fixtunes, rider panels, wind - - 11 ; it* roof wrinout first obtaining written authorization from Carlisle,' or (b) railumbytho0wrertourstraricover ecaaammoln �m,v ��ld !led to, them items litited on Carlisle's Care & Makidinance Information sheet which accernicankes this Warrafty 5. Only Carlisle brand Insulation prooludcla am by this , X,�.64ty of law, for damages cuslarined by or caused by rion,091sle brand Insulation products, 6. During the ton of this WAarrmnty, CAarlsta shall have five a hours. 7. Carlisle small have no obligation under this warranty while any h and warranty charges have net been paid In U to the Cadials Authorized Roofing Applicator, Carlisle, or material suppliers, 8. Carlisle's fallure at any time to a iq thd n las construed to be a waver of w& provision sift at f 9. Carlisle shall net beresponstblof M'. il Roofing System caused by environmental conditions inducing, but not limited to, dirt, pollutants or blologlord agents,,1h, 10. Cartisle shall have no liability under or other damages Including, but not limited to, oonsequentfal or incidental dam" rokifing, directly or Indirectly, to the presence of any lrrkw o vro dz ria. yh ls, fidigi, bacteria, spores, mycotDAns, or tie like In the building or In ft air, land, orwater serving the building, 11. T his warranty shall be ttransferable upon, the owner has oampload consin Womdires; Including a Transfer fee and an Ina ion of tie Roofing System by a Carlisle rogressnaitive. txis 41,,1 TING ROOFING MATERIAL OVER WHICH THE CARLISLE ROOFING SYSTEM HAS BEEN INiTAL THE SOLE AND EXCLUSNE REMEDIES FOR FAILURE OF THE CARLISILF T TAL R IN SY TSM R MY, a 14 a M 1999 4—W. W—, M— AW, 4 X 161 BY: IMaria i Wng A19711,110IRiZED SIG1114AIMIRE I I mlliaMiroctm, reciordaul ritirl Witnianty Services This Warr�llufty Exjl)iVew R0, Box 710(in Carfista, PA 17013 Phonc. 800 M,055i l"ax, 717,245 7121 w%nwccarkskslac cote FOOO I (3m e) 255 ARI JOB NO.: BUILDINGNAM& BUILDING ADDRESS: 0WNFR`S NAME: OWNERS' ADDRESS: COMPLETION DATE: INSULA710M WXFEI(Tl(',HT_ItOOI,*TNC.',,3'Y',31E.M WARRAKrY UOVIN&M ARI INSURANCE, INC,, ("ARI") an affiliate of ADVANCED ROOFING, INC., ("ADVANCED'�'�'I, a, is to the Owner, that for the period stated in the rointact documents (—YEAILS) commencing finin the Completion Data reflected shote Jfor all covered claims causing leaks due to workmanship deficiencies, ARI will cause to be repaired the Roofing System installed by ADVA7t1111110,fil io return the Roofing System to a watertight condition. Owner accepts this warranty in lieu of any warranty ficsn ADVANCED. COVERAGE. n to =Tail, Iffilt I I exceed a. During this Warranty term, ARI Insurance will pay ADVANCED to take appropriate scale r cb%*ered�,,��,!�,.��oeil�wlIilll�'m y claims, not ,d herein. /, J/he terms of toys W total stalely Owner, and are not original cost of installation, subject to the limitations and conditions state crei !"/,,/amp WeYtD intended by the parties to apply to any unnamed, third party beneficiaries. This Warr wnk4hall only become diAti (y,' C upon timely pa Z111, "ymentofall sums NOW/ N required by the contract between Owner and ADVANCED. If this Roofing System ii%tvcrcd under a manufictui * Warramy4jasnunce, ARI's liability under this Warranty is second to the Maimilicturces liability under its Wasmury/d .This Warrainry'ai'aftont """ and y act-tue to and be for the benefit ofthe original Owner named herein, and is NUr assignable or tratooW64out approval Q��ADVANCED. 9MLPff,R .AEUQ&§PMlTIES: The Owner will, at Owner's expense, initiate an ongoing maintenance of pitch pans, roof drains, sealing of sheet n System. The Owner shall also be responsible to insfic penetrations or other work on the roof all of which could I THE EVENT � In the event a leak should occur through the Roof" Systei twenty-four hours. This warranty will not cover damages cau of the leak within thirty (30) days of the s, leak shall In response to this notification, ADVANCMD�1�01"',"' necessary to rctma the Roofing System to a va type and wconit of repairs 7juired to be made workmanlike manner will v ny further obliv THIS WARRANTY IS NO liable for any claim resulting a wind and gmiZ`Vt ,misutae, n unauthod2WIalterations of the installed b"`XDVANCED, (d) i mold, animal or -try from 1. r9rdm#Mgm CORPORATE OFFICER OF ARt. rote ern m tuolutle annual Cusp tans of thelRbofing System and the proper odtarratyallancous tams "Shilhe serviceability of the Roofing a!1 walls'ran�d„„pmjcetscjn� equipment and�fitiurea watertight, and not to permit of ADVANCED in writing within .............a dalpyfu taking carntatn Mian due to lack oftimely notice. Failure to advise leaks are covered by this warranty will make the repairs ,erod by this wairranty, will advise Building Owner of the to make these repairs within a reasonable time and in a 'CE A, en. 5 suppltad or installed b5 others axposura to damaging substances snob as oil solvents„ etc. ar 's, leak Cifstxommandax3 maintaraanre, (f) any chair related ht any way da danrags or fnjurias from ion, any organic pathogen or exposure to toxic substances or vapors, (g) damage resulting from water not a part of the Roofing System, (h) repairs or damages necessary due to deficiencies in the plans or Owner or on its behalf or duo to the failure r0products selected by Owner orsomeone on its behalf cn (i) water entry not related to deficionoics ofivorkmanship of ADVANCED. 1 11 Z4012 I M itA It 1 :1 " aI M11131 41)174"L#11: IN WrI'NFSS WHEREOF, ADVANCED has caused this Warranty to be duty executed and issues to cover the Reuling System described in this Warranty. t R 0, 9,p ,,, %s i u "o *OWNER 575 Saliman Road Cason City, NV 89701 11 K onimilrens, rlreskleEA *NOT VALID UNLESS COUNTUSIGNED BY MFE OWNER AND COPY RPTURNED TO ADVANCFD WITHIN 30 DAYS OF RECTIPT, 131D TITLE: BID 19 -17 -12 -HR BID NUM13ER: ROOFING ATN MANCE & REPAIRS SCHEDULE as FY CITY OF SUNRISE PROOF OF INSURANCE & REQWMPILC� umu I R*-xwi a JR11";Rewl am IMwtolf] u NOTE: Only the successful Bidder shall be required to provide a Certificate of Insurance naming the City of Sunrise as additional insured. Revised 6/27/18 Page 77 257 ACC?RV CERTIFICATE OF A 12/15/2018 IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OBOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE LICI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the teffns and conditions of the policy, certain policies may require and endomement. A Statement on this certificate does not confer rights to the p°tIf'1 0 holder r NI3 Na'u Of SIa NI �d1 �r Irn rlt(�),. 6}CbdACER Frank , B gra, Inc. PHro7aE I554j 943_,5C5�Po � FAX 1314 Redia~, �I l Of ADDRCSSa j annye furmaninsurance, om ____ ____________ P. 0. Box 1927 _______________________IP e?R F S AFrORDWG COVERACIr NAIC Pompano Beach FL 33061 INSURER/ a (;rQ*yaW! 1�1,9a11 Ile C n 22322 INSURED ..,....,.. INSURERN8;ric En�.an :�" t� r� $,u�. �„�,,.:�,.�. � rdSd C� 26247 d Roofing IncIIWSURERr,:Brid field lra ars In Co 1P37Q1 Advanced sin Inc.INSURER D: Continental CastiAlt Co 20443 NNNN 1950 Nw 2211d St IN URERE. Ft. Lauderdale 33.311 IINSIJRER r : COVERAGES CERTIFICATE NUMBER.Jan lg Fal Lau /IF REVISION NUMBER. THIS IS TO CER IFY "f T THE POLICIES CBF INSU NCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NCT'u THSTANDINGANY REQUIREMENT, TERM OR CONDITION I.JI" ANY CONTRACTOR OTHER DOCUMENT\MTBHI RESPECT TO IGH THIS CERTIFECAfE MAY IBE ISSUED OR Y PERTAIN, THE INSURANCEAEFORDED EY "THE POLICIES DESCRIBED HEREIN IS SUBJECT T AALLTHE TERMS, EXCLUSION U CONDITIONS OF SUCH POLICIES. LIMITS SHO Y HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1" =E INSURANCE AUK U __ ________ POLICY NUMBER cad ro EFF I�eata LIMITS JX L scAndN3EREIALrENE CiUTY EaCtl"tli OCCURRENCE $ 1,SdAA,AACo DAMAGE. TO REVED CLAIMS ADE: � MJR PREYwII�Ea suairera a 300,000 Coria actuaal & XCU Inel 0087409794 1./1./201..9 1/1/2020 MED " (Any end peaac+Pa) $ 61000 Broad Form ALT PERSONAL & ADV GN,IURY $ 110001000 GEN'LAGGREGATE, LIIMITAPPUESPER: GENERAL AGGREGATE $ 2,000,A0A POLICY E »IPINCSECT LOC PRODUCT'S-COMPJOPAGO $ 2,0001000 OTHER. $ -- AUTOMOBILE LIABILITY COMB[NED SINGLE LIMIT $ 2,000,000 ANYAUT0 BODILY INJURY(Par Person) & � _________ ALJ.- OWNED SCHEDULED r„h10409799 1/1/2019 1/1/2020 BODILY INJURY' (Pei aacAdent) $ AUTO$ AUTOS------------------____--- hdCNN-OWNED PROPEWI"YD AGE IIIREI»b AUT'CAS AUTOS 9' anr�daan $________________-- PIP $ 10,000 UMBRELLA IJAS OCCUR EACH OCCURRENCE________ 25 000 AOC) __ EXCESS LIAdd CLAWS CAR"" Ar..GR GA E$ 25 000 000 DED R - I0N ' AUC930367417 1/1/2019 1/1/2020 WORKERS COMPENSA11ON AND EMPLOYERS'LIABILITY Y i Md ANY PROFRIEa"CsWPARTNERIEXECITP/E SpA �I.,EfeCtyA("CBC7EMNf $ 1 000 000 OFFICE EMBFR EXCLUDED? ---------- (Mandatary (Mandat ary IA NH) 9:30-^56020 1,12,/a�.01,9 1/1/2020 L I...DI ZF..ASE- FA EMPLOYEE $ 1. 000 /OLD _ ____________ tlfyes, daacaiRr 8 FOPERATIONS x hva8 E.I..DISF.ASE"-PCJUCk'LIMIT $ 1 000 0008 C71:.SCRdRTI08W OF C3 D Installation Floater 4016260407 1/1/2019 1/1/2020 ,Arty One,labshe 2,000,000 5% W/H{ 100'0 A3P Any One O vanwande 2, 000, OOO DE'SCRIPY]ON OF OPERATIONS I LOCATIONS I VEHICLES (ACOR0 101, Add"rdDenmd RanraM Sehedreaae, may be attached X more apane Ia required) CERTIFICATE HOLDER, CANCELLATION FAUTHOR913) LD ANY OF THE A E EAESORaNEa� PA&LNOaES BE CANCELLED BEFORE "For Bidding 121 dA Only" XPa T'IO DATE THEREOF, NOTICE V4VBLL BE UEDaYdEREIB IN TIVE Ra1ANCE dITH THE POLICY FRa3TaEN. REPRESENTATIVE Di..2:k. DewJong/KR , 01955»2014 ACORO CORPORATION. All rights r ory d. A (2014101) The ACORNS name and Nigra are registered marks of ACORD INS025 (2o74u1) 258 I� State of Florida Department of State I certify from the records of this office that ADVANCED ROOFING, INC. is M. corporation organized under the laws of the State of Florida, filed on October 1981 1 I further cert4 that said corporation has paid all fees due this office through December 31, 2018, that its most recent annual report/uniform. business repoll was filed on April 9, 20 18, and that its status is active. i 11111111q� Given under my hand and the Great Seat of the State of Florida at Tallahassee, the Capital, this the Ninth day of April, 2018 Secretary os se .1 State Tracking Number: 51 9573 To authenticate this certificatevisit the following siteenter this number, and then follow the instructions displayed. -------�----------------------'—'--- --- —'-------- ------------------' ----�60 261 262 i ii ii /i [vim r 1(i r F� t f' Il ii i J J �a RE , NO t f �i r J f r t r t t t ,l i t l r�, ri ig .................. ......... .................. ......... .... ..�:��i�i... /l/i/r.............�� ... �r�✓i�/// / ,,,,��/ iiiii%% _....263 �f f00M w �r W II m pp rar �ti;G, Jim Ern wMc 0 " wm�ro � .7 II'"� ooh wumuua ,/r i// y//i M OEM a . ,n 02 lily A "wil ,�' �� a CL M 00, , ° r ul �, i►i m f //; iii /�i Y � A � � g� I !:$awlm m rM a^ /%%/r QIii n ! n a�" Sw�T'" ul Z` (D ArK JMT cc A 2 w1 ml ummm uuuuuuuuuu iI lulmu�l ommmll�lm�uu olmmulmoum I� G 264 ADVAN 0 F" 0 114131 CC-C 0,24,413 ESIABLISHIED 19 Advanced Roofing, Inc. is uniquely positioned to bring the most innovative roofing techniqueo and products our customers. ARI began in 1983 and has since grown to be South Florida's premier • roofing specialist. We have become a full-service roofing contractor, • of: a service department providing repairs and maintenance, metal roofing deirlax"'W1 and solar/renewable enerl-,q,, department. We fully acknowledge and understand the challenges inherent in every roofing project; particularly the specialty work required on occupied buildings. Our extensive experience in roofing occupied government facilities has made us mindful and aware that we must accommodate you in having as little disruption as possible during the roofing process. We are pleased to announce that we have won "The Excelle Protection Award". We received this honor (in which only 35 out of thousands of contractors received this award in the USA). You can count on ARI to bring over 35 years of impeccable service along with our outstanding safety record throughout every phase of the project. You can expect constant communication, excellent workmanship and superior service from start to finish. Any challenge is an opportunity for us to bring a solution. From the time you sign with us, we've got it all covered. When we say we'll do something, you can swear by it. Established in 1983, Advanced Roofing, Inc. is a full-service commercial roofing company. With "Commitment to Quality" through solving customers' needs with premium materials and excellent craftsmanship, Advanced Roofing has been named one of the top ten roofing contractors in the United States. Licensed, bonded and insured, Advanced Roofing's dedication to safety, professionalism, and quality work is signified through the satisfaction of hundreds of customers. Advanced Roofing has your solutions all under one roof. In addition, due to Advanced Roofing's elite status in the industry, we are able to provide our customers with additional benefits including: Named #1 Roofing Contractor in South Florida $150 million Bonding Capacity Additional Captive Insurance FPL Approved Contractor Certified with all major manufacturers Full Safety Division In-house Sheet Metal Department, Crane Division, HVAC, Lightning Protection, Solar. 24/7 Service and Emergency Repairs We offer a wide variety of roof systems to fit your needs, and we are certified by every major material manufacturer to install the highest quality roofing systems with the best warranties. Our goal is to make the roofing process easy and hassle free for you, our customer. Roofing of 111 rl a g e 265 . . ......... . . .... . . . . . . ADVAN OFING9 CC -0O24413 ESTABILAS1111EID, 1983 occupied buildings is a highly technical process. Our experience constantly improves, from protecting the property, documentation, existing conditions, pre -construction, job meetings, Axio' getting other recommendations from you. Our roofing department has over 300 expertly trained Construction Managers, foreman, roofing mechanics and laborers. They are all intensively trained in roofing safety procedures. Our service department handles all major and minor problems that may occur on your roof quickly, efficiently, and at a reasonable cost. With over 325 buildings, totaling over 9 • square feet of roof, under Advanced Roofing's Proactive Maintenance Agreement, our co-ft-if&tfeTt to sewice, speaks for itself. "swrced 'Rocifi-irg's dedicatioi, to otoed 041sy_ JV 2Vglyjxt businesses, government entities, schools, and more. South Area Term Contracts: * Port Everglades Roof Repairs * Lauderdale -by -the -Sea (Piggybacking Port Everglades Roof Repai * Palm Beach County Annual Contract -Roofing * Broward College I 0 City of Boca Raton (Piggybacking City of Fort Lauderdale) 0 Martin County School District (Piggybacking Broward College) 0 School District of St. Lucie County (Piggybacking Broward College) 0 City of Miramar (City of Fort Lauderdale) 6 SBBC - Construction Services Emergency Projects VI (CSEP) - 2012-06FC 0 City of Fort Lauderdale -Annual Roof Repairs & Replacement - Bid# 243-11292 Project# 11926 0 City of Lauderdale Lakes (Piggybacking Fort Lauderdale) * Town of Davie 0 Broward County - Roofing Maintenance & Repairs at Various County Buildings 6 City of Sunrise (Piggybacking City of Fort Lauderdale) DOT/Florida Turnpike -Polk Parkway, Veteran's Expwy, Seminole Expwy, Southern Connector, Suncoast Parkway, Daniel Webster Beltway, Beachline West Mainline, MP 172.0 -MP 304.0 SBBC - Construction Services Minor Projects (CSIM P) - 2014 -35 -FC * Solid Waste Authority (SWA) * School District of Palm Beach County - Roofing Contractor Services for Disaster Recovery Assistance * School District of Palm Beach County- Roofing Repairs, Roofing Materials and Products * Miami Beach - General Building Specialty Trade Services * Town of Palm Beach Palm Beach State College (Piggybacking TCPN/RoofConnect) West Palm Beach - East Central Regional Wastewater Treatment Facility Boeing Company 2 1 F1 a g e ADVA1141 0 F CC -C,0124413 ESTABLISHED 191 Central & North Area Term Contracts 0 Orange County Federal Term Contracts: * GSA Multiple Award Schedule (MAS) Contract SIN 563 4 • TCPN(Roof Connect) EP[rjiyv�ateEnt�i,Term Term • Publix Supermarket • Pratt & Whitney M, UPS • Home Depot • FPL-CBRE o Memorial Healthcare Systems • Macy's Corporate Services, Inc. - Service Contract Robeirt Karnahrens CEO, President -Mz7-M= more than 40 years. Before starting Advanced Roofing in 1983, he worked with Triple M Roofing Corporation in New York. During his tenure at Triple M, Rob held numerous field positions and was eventually promoted to Branch Manager where he was responsible for opening and operating new branches in both Atlanta and Fort Lauderdale. 1979 Michael Kornahrens Vice President x-lElk "9406F - "11, installations througho t the United St s and Canada. ;I 111, 1111 lip"I III III 1!!!!I III 267 e.)'UENCE"4 MAIII-"reRS ............ AD R 0 0 Ft MCO24413 ES"TABILISHIE"D 191 4 1 P a g e Clin't Sockman Vice President INM M*e JEM5111KA.-I MTRIP11 Oil experience in the roofing, solar, and construction industries. Education: University of Cincinnati, Information Systems minor in International Business. Licenses: Florida State Roofing and Solar Contractors; Certifications: NASCEP, LEER. Member of the American Society of Professional Estimators {ASPS). Constructions Specifications Institute (CSI), Kevin KDriniahrens Executive Vice President operations and management of all divisions. Experience: Mr. Komahrens leads the administration team for Advanced Roofing Inc. His primary focus is on Human Resources, Safety, Legal, Information Technologies, and Marketing Departments. His responsibilities include management of strategic business planning, staffing, ERP system implementation, public relations and safety. Education: SPHR, Senior Professional in Human Resources. M.B.A. Degree in finance from the University of Miami. B.S. Degree in Management Information Systems, from Florida State University. B.A. Degree in Marketing, from Florida State University. B.A. Degree in Multinational Business from Florida State University. rnultiple projects. Experience: As a Senior Project Manager, Jessica handles the management of multiple projects on time, within budget, and to the satisfaction of the client; from project turnover through project close out. She serves as a liaison to customers, consultants, architects, subcontractors and vendors. Education: B.S. Degree in Phycology, from Florida State University. B.S. Degree in Business Management, from Florida State University. tk^-L-1 r.,,%PERIENCE: AWAT T'L-" 18 A U" CIC-CO2441 3 lEs rAm ISHED 191 Raridy Gibson 1� II irt;i� � � � I � I II IIIIIJII ilI Education: Randy has supplemented his extensive commercial roofing experience with on-the-job training in various fields and systems. Additionally, he has taken numerous continuing education courses related to the roofing and construction industry. PROJECT REFERENCES Contact Persom Tim Woodruff Name of Firm: School District of Palm Beach County Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof wood ruftZr_#,a1m_J*N.%7AM11T- Phone: (561) 687-7046 / (561) 722-1803 Date of Service: 25 years Contact Person: Sean Devaney Name of Firm: Broward College Roofing Term Contract Email:,%devai�iie,&brcitqL�i.,pqg Phone: (95 4) 201-6974 / (754) 581-3708 Date of Service: Since 2003 Cost of Service: $12,000,000.00 since 2003 Contact Person: Bobby Stewart Scope: Roofing Repairs, Maintenance, Design -Build & Re -Roof Email: I y...St b .. q�ME1@1!ubfix.coiin ...................... - Phone: (813) 299-6466 / (863) 680-5337 Date of Service: Since 1996 Cost of Service: $33,000,000.00 since 1996 5 1 P a g e .......... A IDVANvi0 F tNGV M(AY24413 -1.1.1 ... . ............ .......... ....... ........ .......... ES]FABI. �SFIED "1983 METHODOLOGY AND APPROACH Advanced Roofing, Inc.'s methodology and approach is unique in its structure because our S�1_ up is based on 35 years of real-life experience within the roofing industry. We have the capacity of tailoring our system to the needs of the project regardless of the size and contract requirements. Pre -job planning, documentation and communication are key to our operations. ter to expeutp. thp nmigart iT _J _-it— k1twYNAPIk 0 7,6f IM' d ; d6din re6araless OT the size ot the - Our pre -project planning process is quite extensive. The entire team must understand all phases of the project in order to maintain an efficient line of communication throughout the project. Each member is provided with a project binder with includes the following information: • Contact Names and Numbers • Emergency Procedures • Scope of Work, Project P la ns/Specificat ions • Material Listing, MSDS Sheets • Project Schedule • Permit Information Our Project Team assembles once a week or as needed to discuss project status and if necessary, effect any changes that may be required to maintain efficiency and schedule. Each member is equipped with Nextel radios and cellular phones with email access to maintain communication at all times. Training of our field and office is on training classes provided by the various manufacturers we are approved by. The field staff and apprentices go through a three year training program The President and Vice President attended a TOM class developed by the National Roofing Contractors Association through the University of Chicago Business College. Our Executive Management Team meets twice a month with a two hour "huddle" meeting and once a month for an all day executive meeting off site. Advanced Roofln&also has a full fleet that consists of dump trucks, cranes, boom trucks, flat beds, kettles, and more. By offering these services in-house, we're able to provide our customers more for their money. And that's one of our professional solutions. We use various computer based applications for tracking a project form the inception of the project to its comialetion. We have de & all oming projects. We also utilize Roof Express, CAD Program, Spitfire Project Management Software, and Solomon Accounting Software. 611"' a g e 270 4 It IIIc A �. 1 0 0 Q d IN G 01 H T K A C T 01S A%S0(N.%TiWR MEMBER, J )RU Robert P. Foote, President Fra :II. Furman, Inc. 1,314 E. Atlantic Blvd. Pompano Beach, FI -33060 Main: 954.943.5050 Toll Free 800.344.4838 Mobile: 954.609.0820 Rob( rmaninsurancecom We are the risk advisor for Advanced Roofing, Inc. The purpose of our correspondence is to share with you some of the highlights of the Advanced Roofing risk management programs. We will be sharing with you some details of the protection Advanced Roofing, Inc. provides to their clients to protect your assets. ARI has achieved an A+ s erior risk mw2i�qLqrnent rat due to tlumnuaml —DIaLm9m their strict risk and job safety quality controls. (01011119,T& =-MMG1 SEVERE LOSS PROTECTION - ARI has a $27M aggregate limit of insurance protection. ARI has a $26M occurrence limit in the event of a covered bodily injury or property damage claim that may occur on a jobsite or from an automobile injury, > ARI's exceptional workers' compensation experience modcation rating allows them to secure reduced insurance rates which, in turn, translates into savings for you, their clients. MIT& Manage L iat aggressively manages their internal, as well as managing their clients' risk during the course of their construction projects. Advanced Roofing, Inc. believes deeply in educating and training their roofing mechanics to deliver to you the quality and workmanship your roofing asset deserves. The ARI training program separates them from many other roofing professionals. This past year alone, Advanced Roofing, Inc. has conducted the following training programs: )0- 87 employees have received the OSHA 10 -Hour training to promote safety competency. > 30 foremen and construction managers have received the OSHA 30 -Hour training. );o 18 employees were Certified Roofing Torch Applicators (CERTA). > 17 foremen and construction managers received certification in first aid and CPR. )�- ARI has safety training at 6 am. Monday through Friday every single week. Corn rnerciall &Pie rsonal Insurance � ErriployeeBene fits I FL11skMainagement JOSIIHIACornpllance 271 ADVANCED ROOFING Page 2 GENERAL LIABILITY PROTECTION —Advanced Roofing has the following protection included in their general liability portfolio of protection: • Habitational/Residential — Including Multi -Family • Torch Coverage • "Hot" Applied Roof System Coverage • Unlimited Building Height Protection • There is no water damage exclusion > AUTOMOBILE PROTECTION —ARI has an occurrence limit on the commercial automobi protection of $26M in the event there is a covered bodily injury or property damage o your job site stemming from Advanced Roofing's operations. (Carrier A -excellent rate A.M. Best Co.) I > COMMERCIAL UMBRELLA — Advanced Roofing has a $25M limit of liability. (Zurich A+ superior rated by A.M. Best Co). Their umbrella provides protection above their underlying general liability and auto protection. > INSTALLATION FLOATER — BUILDERS' RISK — ARI has secured protection for certain stored materials that are to be installed on your job site. This protection reduces the economic loss to you, the owner of the project, during the course of construction. > MOLD/POLLUITION LIABILITY PROTECTION —ARI has secured $1M limits of liability to protect you, the owner, in the event that there is a covered cause of loss stemming fro mold, algae, fungai, etc. as a result of the roofing operations of ARI. This highly specialized coverage illustrates to you, the owner, that ARI is serious about protecting your assets during the course of the construction project. I When you are investing in a roofing system, we encourage you to explore deeper than what is the cost of the roof. Advanced Roofing's commitment to quality and the experience they deliver places them at the top of the roofing profession, ARI is recognized by the following organizations for professionalism and community contributions: > Professional Roofing Magazine > Roofing Contractor Magazine > Roofing Siding Industry Magazine > Florida Forum Magazine > Dunn & Bradstreet > National Football League > Partnership for Rebuilding America > South Florida Business Journal > Roof Connect Founding Member > Orlando Business Journal Commercial & Per&Wlal Insurance I Empsoyee Benefits, I Risk Management � OSHA Comei pflance 272 ADVANCED ROOFING Page 3 ARI is recognized for their industry accomplishments as well as for reinvesting back to the community and environment. Experience Does Matted! 1 Whether it be service, maintenance, new construction, re -roofing, repairs, or retro -fit, ARI has a solid portfolio of protection in order to responsibly protect your building assets Sincerely, 0 0 Commercial & Personal Insurance I Employee Benefits I Risk Mariagement I OSHA Compliance 273 THE GUARANTEE The Guarantee Company 4 North One TowneSquare,# Southfield, M 148076 1 248-750-0431 • it #..... , Advanced Rooflng, Inc. is a highly regarded and valued client of American Global and The Bondsamount4 $40 s:.. for any +contractMmillion -aggregate. Guarantee Company of North America USA Is rated by AM Best as A (Excellent), class Vill and Is licensed • do business4 This letter does not constitute an assu jogrinm%-� any third parties by the issuance of this letter. r rw Attorney -in -Fact 274 S A f, :I X b ♦ rl; k ALL 1 C Y••.4,: � . M A ::. K M # Md r^X') 1• .,M M X I T.7-- Tr MI r F, k M. n M $ a A M L X M Y#: l i 4 1 M M 1 X X "' 4" w ' * ► � t A W Y M ;i 5 ♦ M. ti M Ct k.N b% M.' X 4 {X:: 4� k; M 1 •,", , nr x , •. , !1 � X M. i rt r 4 .� M I ,.0 �; i 4 4 fi r.. IM. i # e 'w Ir "#� ^" F t � s ' 4 N M1 5 9♦s2 M b YX". rt K.. 1 t� X G! ii. 1 y' M t i X' X► n A: � " b t 1 X f 1 K M X; J! ;.. 4 I f+ X 1 4 r X X z 5 4$ fl Y r f MA I*: X Sri M b., 2H A I X r 9S 1 A .,94 4M X; Y. f t :fL X ♦ :Y i M M. pl { n �+ 10 I X ,4• + I '.�� # fi W IY 4 1 rt01i r .�♦ t a t k e; w M,�; la � Y ,r, � �, e� 4 ru.�,,. $ fir$* IN WITNESS X GUARANTEE COMPANY#'r 1 1*eA41-- •,, Stigm C. Ruschak Prfskkwd ' . � zr 'w Of Oakland in X 1„ M� N� A i l � M N i # .� I MM 11 "irk w 1 k X•;� N •, 2 a .rt Yr F F X y K y Y + n. IM h X C` •. L ♦ G «Yni M M:.'." f t R F Xr 1 A':. •, • , rmx ux W f"Af (fi O�rcourity Of Oakland c 1/ b ,4 : f i Adft In OaMwd Cow* 1. Randall Musselmn,of X OF NORTHdo hwvby 00diry c"�sd COPY Of a P&AW Of Aftn6y "OM48d bY THE GUARANTEE COMPANY OF NORTH AMERICA USA. wNch Is Still In full f6m and affea Y!at the boand fb"olng Is a but IN WITNESS WHEREOF, I how t to sat M hand and altsdW the s8sl of M Company k s8, of 275 0 �1W r- Pr TMV INC NSURANCIE RIlSK MANAGIEMENT EMPLOV11 RENEFiTS Advanced Roofing Inc. 1950 NW 22 Street Ft. Lauderdale, FL 33311 Re: Workers Compensation Experience Modification Rate Verification I • Commercial Insurance Programs • Roofing Contractors Insurance Programs • Captive Insurance Programs • OSHA Compliance • Claims Management • LOSS Control • Human Resources Consulting • Construction Bonds • Employee Group Benefits • Personal Insurance • Condominium Insurance As the insurance advisors for Advanced Roofing, Inc., we submit this letter as confirmation of three Years' Workers' Compensation Modification Rates: Effective 1/1/2019 .58 I/1/2018 .68 1/1/2017 .64 5/1/2016 .73 1/1/2016 .85 1/1/2015 .89 M= #WTWMN� NEW ICK NNX� 5 N -�T N ff"M President rgh@f,u�!-�,nanii�iistit,�ance,coni . ............ . ............. - 1314 E, Atlantic Boulevard - Pompano BLach, Fl. 33060 - Phone (954)9C,4-5050 - (800) 3444838 - Fax (9S4) 942--5304 9V FINANCE & ADMIN. SERVICES DEPARTMENT Purchasing Division Phone: 954-572-2274 Fax: 954-578-4809 March 22, 2024 Sent Via Email iro kf@advancediroarin ,clam Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22nd Street Ft Lauderdale, FL 33311 Phone # 954-522-6868 (Emergency Phone # 954-649-8165) Vendor No. 438 Tyler-Munis Contract No. 2019000166 Subject: Third Renewal with CPI -U Adjustment— Bid No. 19 -17 -12 -HR Bid Title: Roofing Maintenance and Repairs Mr. Kornahrens, The above referenced Contract will expire on May 31, 2024. Pursuant to the Solicitation documents, the City reserves the right to renew the Contract for three (3) additional, one (1) year periods under the same specifications. A price adjustment is allowed at the time of renewal, in accordance with the annual CPI -U (the CPI -U from February 2023 to February 2024 is 3.1%), we accept your requested 3.1 % increase. The City is utilizing the third and final renewal option for the period June 1, 2024 through May 31, 2025. Please see the attached documentation that provides a more detailed breakdown per line item. Please sign, date and return this acknowledgement along with a current certificate of insurance and email to 1 ra Ih�e so n.. suinrisefl„grsv or fax to number 954-578-4809. Best Regards, Holly Raphaelson, MBA, C.P.M., CPPD, CPSM, NIGP-CPP Procurement Specialist We hereby acknowledge that the above contract is renewed for one year. Signature: ,�° t Date Robert P. Kornahrens Attachment: Schedule "A” (6 pages) 03.22.2024 10770 West Oakland Park Boulevard, Sunrise, FL 33351 277 SCHEDULE "A" ITEM 6-A Small Roof Repair Areas -0 S.F-500 S.F City of Sunrise Bid No. 19 -17 -12 -HR $ 5.93 ITEM 6-13 PROJECT COST SHEET L.F $ 1.19 ITEM 6-C CONTRACTOR: Advanced Roofing $ 0.59 ITEM 7 Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. ITEM 7-A Third Renewal 3.1% Increase Qty Pay Item No. Description Unit Price L.F ITEM 1 23.72 ITEM 7-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 17.79 ITEM 1-A Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. 1 $ ITEM 8-A ITEM 1-B ALLOWANCE for Permits. Contractor markup and overhead is disallwoed. Payment shall be based on actual bona fide receipts 1 $ 3,794.41 ITEM 2 S.F Furnish all materials, labor, and equipment for exisitng roof tear -off, including existing insulation board, down to substrate. This item also includes all disposal costs. 2.37 ITEM 2-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 5.93 ITEM 2-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 4.74 ITEM 2-13 Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 3.56 ITEM 3 Furnish all materials, labor, and equipment to install approved isotherm or polyisocyanurate rigid insulation board tapered, based on 11/ inches thickness, fully attached to substrate. A) MOPPED IN: ITEM 3A -A Small Roof Repair Areas -0 S.F-500 ST S.F $ 4.74 ITEM 3A-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 4.15 ITEM 3A -C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 2.96 B) MECHANICALLY ATTACHED ITEM 313-A Small Roof Repair Areas -0 S.F-500 ST S.F $ 5.93 ITEM 313-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 4.15 ITEM 313-13 Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 2.96 ITEM 4 Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2 -ply base flashing, anchor sheet, with vent sheet, without insulation. ITEM 4-A Small Roof Repair Areas -0 S.F-500 S.F $ 10.67 ITEM 4-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 4.74 ITEM 4-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 2.96 ITEM 5 Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2 -ply base flashing, anchor sheet, without vent sheet (uninsulated applications). A) MOPPED IN: ITEM 5A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 8.30 ITEM 5A -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 4.74 ITEM 5A -C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 2.37 B) MECHANICALLY ATTACHED ITEM 513-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 9.49 ITEM 513-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 5.93 ITEM 513-C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 3.56 C) TORCHED DOWN ATTACHED: ITEM 5C -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 14.23 ITEM 5C -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 4.74 ITEM 5C -C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 2.96 D) ALUMINIUM ROOF COATING(FOR REFLECTIVITY FOR BLACK ROOF SYSTEMS(SRI 68 MIN.): (Such as 'apoch" premium rubberized aluminium roof coating) ITEM 5D -A Small Roof Repair Areas -0 S.F-500 ST S.F $ 9.49 ITEM 51D-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 4.45 ITEM 5D -C Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F $ 2.96 ITEM 6 Furnish all materials, labor, and equipment to install approved cants, 11/2 inches thickness by 3% inches wide. ITEM 6-A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 5.93 ITEM 6-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 1.19 ITEM 6-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 0.59 ITEM 7 Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. ITEM 7-A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 23.72 ITEM 7-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 23.72 ITEM 7-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 17.79 ITEM 8 Furnish all materials, labor, and equipment to install built- up roof repair/replacement, including ea gravel protection. ITEM 8-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 278 86 ITEM 8-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 2.37 Qty Pay Item No. Description Unit I Price ITEM 9 Furnish all materials, labor, and equipment to install built-up roof pea gravel. A) 24 Gauge Galvanized Steel ITEM 9-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 11.86 ITEM 9-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 3.56 ITEM 10 Furnish all materials, labor, and equipment to install wall sheet metal flashing, 24 -gauge stainless steel, 8 inches wide. $ 17.79 ITEM 10-A Small Roof Repair Areas -0 S.F-500 ST L.F $ 14.23 ITEM 10-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F ITEM 10-C Large Roof Repair/Replacement Areas -Over 10,001 ST L.F Small Roof Repair Areas -0 S.F-500 S.F L.F ITEM 11 Furnish all materials, labor and equipment to install continuous 4 -inches metal drip edge A) 24 Gauge Galvanized Steel ITEM 11A -A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 21.34 ITEM 11A -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 17.79 ITEM 11A -C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 11.86 B) 24 Gauge Stainless Steel ITEM 11 B -A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 22.53 ITEM 11 B -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 18.97 ITEM 11 BOC Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 13.04 C) Copper ITEM 11C -A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 22.53 ITEM 11 C -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 18.97 ITEM 11 C -C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 13.04 D) Aluminum ITEM 11D -A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 22.53 ITEM 11 D -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 18.97 ITEM 11 D -C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 13.04 ITEM 12 Furnish all materials, labor and equipment to install wall counter flashing 24 -gauge stainless steel, surface mounted with springs lock reglet and 24 -gauge stainless steel flashing, 6 inches vertical. ITEM 12-A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 23.72 ITEM 12-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 21.34 ITEM 12-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 17.79 ITEM 13 Furnish all material, labor and equipment to install metal coping cap, snap-lok system, 8 -inches wide. A) 24 Gauge Galvanized Steel ITEM 13A -A Small Roof Repair Areas -0 S.F-500 SY L.F $ 24.90 ITEM 13A -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 22.53 ITEM 13A -C Large Roof Repair/Replacement Areas -Over 10,001 SY L.F $ 18.97 B) 24 Gauge Stainless Steel ITEM 1313-A Small Roof Repair Areas -0 S.F-500 SY L.F $ 26.09 ITEM 1313-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 23.72 ITEM 1313-C Large Roof Repair/Replacement Areas -Over 10,001 SY L.F $ 20.16 C) Aluminum with Kynar Finish ITEM 13C -A Small Roof Repair Areas -0 S.F-500 SY L.F $ 26.09 ITEM 13C -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 23.72 ITEM 13C -C Large Roof Repair/Replacement Areas -Over 10,001 SY L.F $ 20.16 ITEM 14 Furnish all materials, labor and equipment to install pipe mounting pedestals(4), with equipment rail(3 feet x3 feet), and flashing, 18 inches high. EA. $ 889.31 ITEM 15 Furnish all materials, labor and equipment to install pitch pocket, for 6 -inch diameter vertical element. EA. $ 207.51 ITEM 16 Furnish all materials, labor and equipment to install pipe or duct mountin roof pedestal, 18 gauge galvanised steel complete with flashing, 12 inches high. EA. $ 326.08 ITEM 17 Furnish all materials, labor, and equipment to install roof penetration flashings, stainless steel 26 GA., with sealant cover, for vertical 6 -inch diameter element, 9 inches high, umbrella type. EA. $ 237.15 ITEM 18 Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1% inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel shell, base plate and fully mitered 3 inches cant. EA. $ 533.59 ITEM 19 Furnish all materials, labor, and equipment to install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 inches diameter, 8 inches high, complete with stainless steel clamps. EA. $ 88.93 ITEM 20 Furnish all materials, labor, and equipment to install 6 -inch roof drains, standard dura -coated cast iron, steel inserts with strainer, and clamps (by Zurn, or City approved equal). EA. $ 1,422.90 ITEM 21 Furnish all materials, labor, and equipment to install expansion joint cover, without blocking. ITEM 21-A Small Roof Repair Areas -0 S.F-500 SY L.F $ 35.57 ITEM 21-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 29.64 ITEM 21-C Large Roof Repair/Replacement Areas -Over 10,001 SY L.F $ 23.72 ITEM 22 Furnish all materials, labor, and equipment to install plumbing vent flashing, lead sleeve and coupling, installed 4 -inch pipe EA. $ RR 93 ITEM 23 Furnish all materials, labor, and equipment to install 8 inches high x 16 inches wide metal scupper, (4) sided with integral drip strip and surface reglet flashing. 279 ITEM 23-A 124 Gauge Galvanized Steel I EA. $ 177.86 Qty Pay Item No. Description Unit Price Regular Rate ITEM 23-B 24 Gauge Stainless Steel EA. $ 355.73 ITEM 24 Furnish all materials, labor, and equipment to install 6 -inch diameter leader. ITEM 26-B Journeyman (Labor price should be included in your bid for items indicated) ITEM 27-B Medium Roof Repair/Replacement Areas -200 S.F-2,000 S.F A) 24 Gauge Galvanized Steel HR. $ 88.93 ITEM 24A -A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 14.23 ITEM 24A -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 11.86 ITEM 24A -C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 11.86 B) 24 Gauge Stainless Steel ITEM 28-B Medium Roof Repair/Replacement Areas -501 S.F-3,000 SY S.F ITEM 2413-A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 23.72 ITEM 2413-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 17.79 ITEM 2413-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 17.79 C) Anodized Aluminum S.F $ 7.11 ITEM 24C -A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 21.34 ITEM 24C -B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 15.41 ITEM 24C -C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 15.41 ITEM 25 Furnish all materials, labor, and equipment to install continuous 4 -inch -wide metal gutter system A) A) 24 Gauge Galvanized Steel ITEM 25A -A Small Roof Repair Areas -0 S.F-500 SY L.F $ 5.93 ITEM 25A-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 5.93 ITEM 25A -C Large Roof Repair/Replacement Areas -Over 10,001 SY L.F $ 5.93 B) 24 Gauge Stainless Steel ITEM 3013-A Small Roof Repair Areas -0 S.F-500 S.F ITEM 2513-A Small Roof Repair Areas -0 S.F-500 SY L.F $ 23.72 ITEM 2513-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F $ 14.23 ITEM 2513-C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F $ 14.23 C) Anodized Aluminum ITEM 2513-A Small Roof Repair Areas -0 S.F-500 SY L.F $ 21.34 ITEM 25C-13 Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F L.F ITEM 25C -C Large Roof Repair/Replacement Areas -Over 10,001 S.F L.F ITEM 26 The following time costs are for emergency work only as authorized by the City of Sunrise: ITEM 26-A Supervisor (Labor price snouia be incivaea in your bia for items inaicatea) Furnish all matertals, labor, and equipment to install 60 Mil, Type II, fabric reinforced Uniform EPDM with a Class 'A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by 'Carlisle Syntec' for existing warrantied system. Regular Rate HR. $ 59.29 Overtime Rate HR. $ 59.29 ITEM 26-B Journeyman (Labor price should be included in your bid for items indicated) ITEM 27-B Medium Roof Repair/Replacement Areas -200 S.F-2,000 S.F S.F Regular Rate HR. $ 88.93 Overtime Rate HR. $ 88.93 ITEM 26-C Roofer's Helper (Labor price should be included in your bid for items indicated) Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system). Regular Rate HR. $ 65.22 Overtime Rate HR. $ 65.22 ITEM 27 Furnish all matertals, labor, and equipment to install 60 Mil, Type II, fabric reinforced Uniform EPDM with a Class 'A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by 'Carlisle Syntec' for existing warrantied system. ITEM 27-A Small Roof Repair Areas -0 S.F-200 S.F S.F $ 2.37 ITEM 27-B Medium Roof Repair/Replacement Areas -200 S.F-2,000 S.F S.F $ 1.78 ITEM 27-B Large Roof Repair/Replacement Areas -Over 2,000 S.F S.F $ 0.89 ITEM 28 Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system). ITEM 28-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 7.11 ITEM 28-B Medium Roof Repair/Replacement Areas -501 S.F-3,000 SY S.F $ 4.15 ITEM 28-C Large Roof Repair/Replacement Areas -Over 3,000 SY S.F $ 5.34 ITEM 29 Furnish all materials, labor, and equipment to install Built Up Coal Tar Roofing system with membrane ply sheets as indicated ITEM 29-A Small Roof Repair Areas -0 S.F-500 SY S.F $ 7.11 ITEM 29-B Medium Roof Repair/Replacement Areas -501 S.F-10,000 S.F S.F $ 7.11 ITEM 29-C Large Roof Repair/Replacement Areas -Over 10,000 SY S.F $ 7.11 ITEM 30 Furnish all materials, labor, and equipment for existing roof tear- off, down to substrate. This item also includes all disposal costs A) Asphalt Shingles ITEM 30A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 7.71 ITEM 30A -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 7.11 B) Concrete/Clay Tile ITEM 3013-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 23 ITEM 3013-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 280 86 C) Standing Seam Metal Roof Qty Pay Item No. Description Unit Price ITEM 30C -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 17.79 ITEM 30C -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 15.41 D) Metal Shingles ITEM 30D -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 17.79 ITEM 30D -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 15.41 ITEM 31 Furnish all materials, labor, and equipment for the replacement of deteriorated wood substrates A) 5/8- inch CDX Plywood ITEM 31A -A Small Roof Repair Areas -0 S.F-500 SY S.F $ 5.34 ITEM 31A -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 4.15 B) 2 -inches x 6 -inch T&G Wood(Fir) ITEM 31B -A Small Roof Repair Areas -0 S.F-500 SY S.F $ 11.86 Curved Roof S.F $ 11.86 ITEM 31 B -B Medium to Large Roof Repair Area -501 SY and Up S.F $ 9.49 Curved Roof S.F $ 9.49 ITEM 32 Furnish all materials, labor, and equipment to install the underlayment materials. A) 6 Mil Polyethylene Sheet ITEM 32A -A Small Roof Repair Areas -0 S.F-500 SY S.F $ 0.59 ITEM 32A -B Medium to Large Roof Repair Area -501 SY and Up S.F $ 0.47 B) 30 Lbs. Felts Saturated Organic ITEM 3213-A Small Roof Repair Areas -0 S.F-500 SY S.F $ 2.37 ITEM 3213-13 Medium to Large Roof Repair Area -501 SY and Up S.F $ 2.96 C) Self -Adhering underlayment granular face sheet. 55 Mils. Fiberglass mat reinforced and SBS asphalt ITEM 32C -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 4.74 ITEM 32C -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 4.15 D) Self -Adhering underlayment polyethylene sheet. 40 Mils. Slip resisting polythene film. ITEM 321D -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 5.93 ITEM 32D -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 5.34 E) Self- Adhering sheet underlayment, high temperature sheet. 40 Mils, with slip resisting polyethylene top surface laminated to SBS modified asphalt adhesive ITEM 32E -A Small Roof Repair Areas -0 S.F-500 SY S.F $ 5.93 ITEM 32E -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 5.34 F) Slip sheet building paper. 5 Ibs/100 ST rosin sized ITEM 32F -A Small Roof Repair Areas -0 S.F-500 SY S.F $ 0.59 ITEM 32F -B Medium to Large Roof Repair Area -501 SY and Up S.F $ 0.30 ITEM 33 Furnish all materials, labor, and equipment to install pressure treated blocking. A) 2x4 ITEM 33A -A Small Roof Repair Areas -0 S.F-500 SY S.F $ 5.93 ITEM 33A -B Medium to Large Roof Repair Area -501 SY and Up S.F $ 4.74 B) 2x6 ITEM 3313-A Small Roof Repair Areas -0 S.F-500 SY S.F $ 7.11 ITEM 3313-13 Medium to Large Roof Repair Area -501 SY and Up S.F $ 5.93 C) 2X8 ITEM 33C -A Small Roof Repair Areas -0 S.F-500 SY S.F $ 11.86 ITEM 33C -B Medium to Large Roof Repair Area -501 SY and Up S.F $ 9.49 ITEM 34 Furnish all materials, labor, and equipment to install sheet metal flashings and trim. A) 24 Gauge Stainless Steel Drip Edge- 4 Inch Profile ITEM 34A -A Small Roof Repair Areas -0 S.F-500 SY L.F $ 14.23 ITEM 34A -B Medium to Large Roof Repair Area -501 S.F and Up L.F $ 11.86 ITEM 35 Furnish all materials, labor, and equipment to install metal gutter. A) 6 -inch x 6 -inch 24 Gauge Galvanized Steel Gutter ITEM 35A -A Small Roof Repair Areas -0 S.F-500 SY L.F $ 29.64 ITEM 35A -B Medium to Large Roof Repair Area -501 S.F and Up L.F $ 23.72 B) 6 -inch x 6 -inch Aluminum Gutter ITEM 35A -A Small Roof Repair Areas -0 S.F-500 SY L.F $ 32.02 ITEM 35A -B Medium to Large Roof Repair Area -501 SY and Up L.F $ 26.09 ITEM 36 Furnish all materials, labor and equipment to install rigid standard ridge vent, high density polypropylene or UV -Stabilized plastic ITEM 36-A Small Roof Repair Areas -0 S.F-500 S.F L.F $ 11.86 ITEM 36-B Medium to Large Roof Repair Area -501 S.F and Up L.F $ 9.49 ITEM 37 Furnish all materials, labor and equipment to install glass fiber reinforced asphalt shingles, mineral -granular surfaced self-sealing. ITEM 37-A Small Roof Repair Areas -0 S.F-500 SY S.F $ 4.74 ITEM 37-B Medium to Large Roof Repair Area -501 SY and Up S.F $ 4.15 ITEM 38 Furnish all materials, labor, and equipment to install 20 oz. Copper shingles 34 -inches x 12 -inches, 2 clips per panel. ITEM 38-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 28� 79 ITEM 38-B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 17.79 Qty Pay Item No. Description Unit Price ITEM 39 Furnish all materials, labor.and equipment to install galvanized steel sheet, .0276 inch with siliconized polyester coating A) Standing Seam ITEM 39A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 18.97 ITEM 39A -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 17.79 B) Batten Seam ITEM 39B -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 11.86 ITEM 39B -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 10.67 ITEM 40 Furnish all materials, labor, and equipment to install aluminum sheet, coil coated alloy, .040 inch with siliconized polyester coating. A) Standing Seam ITEM 40A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 20.16 ITEM 40A-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 18.97 B) Batten Seam ITEM 4013-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 13.04 ITEM 4013-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 11.86 C) Flat Seam ITEM 40C -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 13.04 ITEM 40C -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 11.86 D) Ridge Metal Building Roofing (Through Metal Building Manufacturer) ITEM 401D -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 14.23 ITEM 401D-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 11.86 ITEM 41 Furnish all materials, labor, and equipment to install clay roof tile. A) Spanish"S" Tile ITEM 41A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 13.04 ITEM 41A-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 11.86 B) Barrel Tile ITEM 41A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 13.04 ITEM 41A-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 11.86 ITEM 42 Furnish all materials, labor and equipment to install 4" diameter leader A) 24 Gauge Galvanized Steel ITEM 42A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 9.49 ITEM 42A-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 8.30 B) Anodized Aluminium ITEM 4213-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 10.67 ITEM 4213-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 9.49 C) 24 Gauge Stainless Steel ITEM 42C -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 13.04 ITEM 42C -B Medium to Large Roof Repair Area -501 S.F and Up S.F $ 11.86 ITEM 43 Furnish all materials, labor and equipment to install concrete roof tile A) Spanish"S" Tile ITEM 43A -A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 11.86 ITEM 43A-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 10.67 B) Flat Shingle ITEM 4313-A Small Roof Repair Areas -0 S.F-500 S.F S.F $ 10.67 ITEM 4313-13 Medium to Large Roof Repair Area -501 S.F and Up S.F $ 10.08 ITEM 44 Supplies not listed or included elsewhere MAY be purchased under this contract on a strictly COST-PLUS arrangement only. Documentation of vendor cost must be provided with v,vritten (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of this type of material will be required per year. EA. ITEM 45 Crane Rental ALLOWANCE - based upon receipts and as authorized by the City. 282 Qty Pay Item No. Description Unit Price Annual inspections of all roof types to be included in a Roofing Inspection Report. Roofing Inspection and Report. The report will be comprehensive and include a quote for repairs formatted in line with the contract. The quote shall identify emergency, remedial and replacement cost. Report shall include but not be limited to the following: 1. All roofing inspection roofing numbering system shall conform with the City of Sunrise building numbers. Vendor shall coordinate the proper building numbers with the City representative to ensure inclusion into the report. 2. Providing information of the roof (i.e. date of installation, based on permitting documents, roof characteristics and geometry, roof type, roof square footage, and any ITEM 46 other information that may be required). S.F 3. Providing color images or photos, within the body of the report, identifying the roofing area, condition, and deficiencies that may require immediate attention. 4. Date of estimated need for replacement. 5. LOS as follows: A=10 or more years of service life remaining; 13=8 to 10 yearsof service life remaining; C=5 to 7 years of service life remaining; D=2 to 4 years of service life remaining; F= Less than 1 yearof service Jife remaining. $ 0.07 H. ITotal Cost 1 1 $ 10,475.78 283 FIAANCE & ADMIN. SRR VICES DEPARTMENT Purdwing &&&ion Phare. 954-S72-2274 Fak 954-578-4909 CITY' 017 1• - S 1F F L O R I D A April 10, 2,023 Sent Via EmaiI robkal advancedroofinz_com Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22n' Street Ft Lauderdale, FL 33311 Phone # 954-522-6868 (Emergency Phone # 954-649-8165) Vendor No. 438 Tyler -Monis Contract No. 2019000166 Subject: Second Renewal with CPI -IJ Adjustment: Roofing Maintenance & Repairs Bid No. 19 -17 -12 -HR Mr. Komahrens, The above referenced Contract will expire on May 31, 2023. Pursuant to the Solicitation documents, the City reserves the right to renew the Contract for three (3) additional, one (1) year periods under the same specifications. A price adjustment is allowed at the time of renewal, in accordance with the annual CPI -U (the CPI -U from February 2022 to February 2023 is 6%), we accept your requested 6°10 increase. The City is utilizing the second renewal option for the period June 1, 2023 through May 31, 2024. Attached are the contracted items and adjusted prices. Please see the attached documentation that provides a more detailed breakdown per line item. Please sign, date and return this acknowledgement along with a current certificate of insurance and email to hraphaelson@sunrisefl.gov or fax to number 954-5784809. Best Regards, Holly Raphaelson, MBA, C.P.M., CPPD, CPSM, NIGP-CPP Contracts Administrator We hereby acknowledge that the above contract is renewed for one year. Authorized Signature: _ Printed Name: Robert P. Kornahrens Attachment: Schedule "A" (5 pages) 10770 West Oakland Park Boulevard, Sunrise, FL 33351 284 .................... . . . .... . ... . ....... . ... . ... . .......... mm .. . .......... ........... .............. . . ... . . . . . ............... S 9-11- 2..Hm .. . ................. g� - -o- � �11_1111,,�� "n .............. . . . . . ................... ... . . . .................... 7N: —A- d.—v. -a n'. c". e_d� R" o" g ............. Second Renewal Pay Item No. Description Unit 6% Increase .. .. ............ . . . .. .... ..... .. .. .... Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This ITEM 1-A allowance is to reimburse the Contractor for the actual cost Incurred from asbestos abatement 1 0.00 and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. ALLOWANCE for Permits. Contractor markup and overhead is disallwoed. Payment shall be based on ITEM 1-13 actual bona fide rec i e02 .. ... ... . ......... 1 3,680.32 Furnish all materials, labor, ands quipmentfor exislIng iroof tear-aff, Including existing ITEM 2 at insulation board, down to substte, This item also includes ldlspt4a�S ITEM 2-A Small Roof Repair Areas -0 SX -500 S.F &F 575 IT M� 2-:-B-11-_-- ............ . . Mediurn, Roof Repair/Replacement Areas -501 S.F-10,000SY &F 4.60 ITEM 2-B Large Roof Repair/Replacement Areas -Over 10,001 SJF &F 145 . . .. . ............ . ... ... ... ... Furnish all materials, labor, and equipment to instWO approved Isotherm or polyisocyanurate ITEM 3 rigid Insulation board tapered, based on 11% inches thickness, fully attached to substrate, . ... ... ... � _ - . . ......... . MOPPED ON: ITEM 3A -A Small Roof Repair Areas -0 &F-500 S.F 4-60 . ITEM 3A -B ...... . .. .... Medium Roof Repair/Replacement Areas -501 S.F-10008.F . . .................. ............. S.F 4.03 ... ... ... .. . ......... ITEM 3A -G . . Large Roof RepairlReplacement Areas -Over 10,001 S.F SI Z88 .......... MECHANICALLY ATTACHED ... . . .......... . ...... .............. ITEM 313-A Small Roof Repair Areas -0 &F-500 S.F ....... . . . S.F 5Y5 ...... ITEM 3B -S Medium Roof Repair/Replacement Areas -501 ST40,000ST AVE 4.03 ITEM313-13 Large Roof Repair/Replacement Areas -Over 110,001 S.F 2.88 Furnish all materials, labor. and equipment to Install 4 ply modifood bitumen system, with ITEM 4 .. ....... . .................. ..... ITEM 4-A Small Roof Repair Areas -.0 S.F-500 S.F ... ........ . ...... .. 1035 ITEM 4-13 Medium Roof Repair/Replacement Areas -501 &F-10,000 ST ...... . ..... &F 4.60 ITEM 4-C(Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 2.88 Furnish all materials, labor, and equipment to Install 4 ply modified bitumen system, with ITEM 5 2 -ply base flashing, anchor sheet, without vent shoot (uninsulated applicationsl. I . . .... .......... ....... ---- — - ..... . .... ITEM 5A -A Small Roof Repair Areas -0 ST -600 S.F . . ...................... . . . ... SY 8..fs ITEM 5A -B . . . ... ..... . . ......... ... Medium Roof Repair/Replacement Areas -501 S,F-10,000 S.F SY 4.60 ITEM SA -C .. ....... . ................... . ........... Large Roof Repair/Replacement Areas -Over 10,001 S.F SF 230 Ig MECHANiCALLY ATTACHED ITEM 513-A Small Roof Repair Areas -0 &F-500 SX S.F 9.20 . ............ ITEM 513-121 . ... ... ... . . ... ... ... . .... .... -------- . Medium Roof Repalr/Refdacement Areas -501 S.F 10,000 S.F . ... ... ... .. . ... ... ... . .......... . . . -------------- . ...... . . . .... .... ...... S F __, =_" 5.75 ..._ ITEM 5B -C ... ... ... ... ... ... ... .... ... ..... . . . . ___ .___ Large Roof Repair/Replacement Areas -Over 10,001 S.F S.F 3.45 T02CHED DOWN ATTACHEM . . .. ........ ITEM 5C-ASmall Roof Repair Areas -0 S.F-SOO SX S.F 1320 ITEM 5C -B m Roof Repair/Replacement Areas -501 STA 0,000 S.F &F 4.60 ITEM 5C -C Large Roof Repair/Replacement Areas -Over 10,001 ST &F 2.88 ALUMiNIUM ROOF COATONG(FOR REpi ECTIVIIFY FOR BLACK ROOF SYSTEMS(SRI 68 MlN,)� D) Such as.'a r aNm!R!!!"s_ link - ITEM 57-A Small Roof Repair Areas -0 S.F-500 S.F S.F 9�20 ............. . ITEM 5:-B Medium Roof Repair/Replacement Areas -501 S.F-10,OOOS.F S.F 431 ITEM 6D -C Large Roof Repair/Replacement Areas -Over 10,001 ST S.Fh Z88 ........... ......... . ............... .. ... ... .. ......... ............ — — --------- -- Furnisall materials, labor, and equipment to Install approved cents, 1% inches thickness by 3% ITEM 6 inches w"id, ITEM 6-A Small Roof Repair Areas -0 S.F-500 S. F L.F 5.75 ITEM 6-B Medium Roof Repair/Replacement Areas -501 S.F 40,000&F L.F 115 ITEM 6-C Large Roof Repair/Replacem ent areas -Over 10,001 &F L.F 0.58 . ........... ... ... ... ...... . ..... . ... . ........... ... . ...... ....... .. . ................ ..... . ..... Furnish all materials, labor, and equipment to Install flexible, non-motallic flashing$, Is Inches .. . ITEM 7 :'_ .... wide.. ITEM 7-A Small Roof Repair Areas -0 S.F-500 S.F . .. ........... ..... .......... L.F .... . ......... 23.00 ......... ................... . . . . . . ..... . .. .. . ........ ITEM 7-8 Medlurn Roof Repair/Replacement Areas -501 S,F40,000 S.F LF 23.007 ITEM 7-C Large Roof Repair/Replacement Areas -Over 10,001 S.F F 17.25. ----------- Furnish all materials, labor, and equipment to Install buill- up roof repaidreplacement, Including ITEM 8 Pmz3yo!Rrqt_ac!!0_9 - ........ ___ _ __ , _ ---------- - ........... . . . ........ .. ..... . ...... ITEM S-A Small Roof Repair Areas -0 S.F a00 6�1` .... .. .. . . S.F .... ....... 19.507 ITEM &B Medium Roof Repair/Replacement Areas -501 ST40,000 ST . .......... ........9 - — --- --- ----- -- - ------- - S.F 285 , pill i1 gravel , , equipment to Install built-up roof ea el. lmaterialslaborand Furnish all p ITEM 11A -A TEM il A ITEM I 1A -C ITEM 11 B -A if:66- i .. 1 .1 B _B ITEM 11 BOC ITEM 11 C -A ITEM 11C -B ITEM . iii.-_ - ITEM -116-A ITEM 116-AITEM 11D B ITEM I - I D C ITEM 12 ITEM 12-A ITEM 12-B ITEM 12-C ITEM 13 ITEM 13A -A ITEM 13A -B ITEM 13A -C ITEM 13B -A ITEM 13B -B ITEM 1313-C G) ITEM 13C -A ITEM 13C -B ITEM 13C -Z" ITEM 14 ITEM 15 ITEM 16 ITEM 17 ITEM 18 ITEM 19 ITEM 20 ITEM 21 Small Roof Repair Areas -0 S.F-S00 SY Medium Roof R, op a_i,r/R'o p I a ce rnent'-Ar-ea S.F, ........ . .... I sheet metal flashing, 24 -gauge Furni's—hail --- me't"e"rials", —labor, and aqui u"I p rn a n i to in s,tallwal'', E!atn"�Afoplj jm;h as wl#o�._ . _ .. Small Roof Repair Areas -0 S.F.600 SY Medium `Roof -Rep-a'/kepi'c"e,ment,-r-eas501 'O- ,- ! §40,"0'O'C' S F . . . . .......... Eaid�koof' Rep'a'i'r'/"R"epi—ace,-m,e"nt-A-r,ea's'-O, v'ar'1',0_,001 'S' F", Furnish all mate oq'ip'o'-'-co " "..-n - ',1.. ,grumnttInstall continuous 4 -inches moia1dr1ado Gauge Galvanized Steel call k6oiRoIair 'A' re"as, 0-5'.V -"5,0_05.V 1: F1umRoofR epalr'lii e p'Ia'com'e n -t Areas'5,011, SY11,0,0_00S.F , 1-1- ... ....... ge Roof Repair/Replacement Areas ....... -Over 10,001 S.F Gauge Stainless Steel.... ... all Roof Repair Ara -0 S.F-500 SY . . . ....... .. . ............ .............. . .................. . . ........... .. dium Roof Repair/Replacement Areas -501 S.F-10,000 SY 'ae_R_ocf R-o'E)i ai'r"1R_eD1a, c , e` m" e n i Areas Over , " -1 Roof Repair Areas -0 S.F-500 S.F ... ....... . m Roof Repair/Replacement Areas -501 S.F-10,00 Roof ReDair/Reolacement Areas -Over 10,001 SY S.F 11.50 S.F ge Roof Reair/ReplacemenArs -Over 10,001 SY 3.45 LY .. 13.80 L.F ... .... 0' L F LY Earge, Roof I R -e p a ir"/R" , e'l-la'e, e m, e'nt —Area s -O"'ve-Y 1-0,6 0-1 SY .......... ... Small Roof Repair Areas -0 50Medium Roof Repair/Replacentas 0S.F tea ge Roof Reair/ReplacemenArs -Over 10,001 SY L.F Furnish ,,', at i , m-" -a te"r, la Is.' "I'a, bo' r an d equipment ""'toinsitail wall counter flashing 24 gau—gestaln-le as steel, surface mounted with springs lock reglell and 24 -gauge stainless steel flashing, 6 Inches vertical. Small Roof Repair Areas -0 S.F-500 SY L.F Medium Roof Repair/Replacement Areas -501 SY-110,000 SY LY Earge, Roof I R -e p a ir"/R" , e'l-la'e, e m, e'nt —Area s -O"'ve-Y 1-0,6 0-1 SY .......... ... ab o , r, a and equipment ,'"," t oln-s ia"ll m.'e"t-al"c"opin, 9 c_ "a _P, s' n "a' i '4o 'k- system, ''8 -Inches l", Furnish -ala materia-1,"'i--........a w1do. 24 GaugeGalvanized Steel Lf M;,d'u'm"Roof Re"p'air,/"R,-epl"a"c'em-e ni Ar"e"a's, 5,011 Large Roof Repair/Replacement Areas -Over 10,001 SY 24 Gauge Stainless Steel "mailRoof Re air Area's -OS_.'F-_500, S'S'F .... ....... .......... ....... LY Medium Roof Repair/Replacement Areas -501 S.F-10,000 SY L.F .... ... ... . .... . . Large Roof Repair/Replacement Areas -Over 1 0,001 SY ILY .......... -ish" ...... .......... . . ... ..... . ......... ......... Aluminum v'.'4thK_y,nar Finish .F-500 SY �Small Roof Repair Areas -0 S.F-500S Medium Roof Repair/Replacement Areas -501 S.F40,0005.F LF . . .... ... .. Large Roof RepairlReplacernent Areas -Over 10,001 S.F LY Furnish all materials, labor and equipment to install pipe mounting pedestals(4), with equipment EA. railil" x3_festa pnIN ........ Furnish all materials, labor and equipment to install pitch pocket, for 64nch diameter vertical EA. ,element. Furnish all materials, labor and equipment to install pipe or duct mountin roof pedestal, 18 EA- R uwu La N mn I I �mos It-ee !LS RMPMt _0 .......... urnish all materials, labor, and equipment to install hi roof penetration (lashings, stainless sFurnish . ....... eel 26 GA., with sealant cover, for vertical 64nch diameter element 9 inches high,umbrelia EA. Furnish all materials, labor, and equipment to install 12 Inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1 1A Inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel EA. shell_Erni and fRI!XMj!pMd 3 Ipich!kj,,5ajt,___ - ----- Furnish all materials, labor, and equipmentto install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 Inches diameter, 8 inches high, complete with stainless EA. . . ........... Furnish all materials, labor, and equipment to Install 64nch roof drains, standard dura -coated cast Iron, steel Inserts with strainer, and clamps (by Zurn, or City approved equal). EA. .. .. ... ... ...... . ... ...... Furnish all materials, labor, and equipment to install expansion joint cover, without blocking. �ma IJ ko' of-R"eipar, Area .F . ........ . ...... ....... Medium Roof RepairlReplacement Areas -501 S.F.10,000 SY L.F Large Roof R 'e'l a'i'r-lReplac'ement, Areas`' -Over' 100011 ... S.F ' L'."F .... . .. ... .... . ....... .... ...... ... .......... ......... . . Furnish all "materials, tabor, and equipment to install plumbing vent flashing, lead sleeve and EA. p94jp!!rjV,,jnstaIled 44nch,jj!K,__ .... ---- - . ...... ------ 166or, - Furnish ail� iateka Is, and equipment to Install 8 inches high x 16 inches wide metal sc.up welded with tote .pe dwlt I raid 24 Gauge Galvanized Steel EA iinless Steel materials, labor, and equipment to Install 64nch diameter leader. 19.55 25.30 23.00 19 55 862.58 201.27 316.28 230.02 517.55 1,380.1 34.50 28.75 23.00 86.26 172.521 34-'286 v W1M 24 Gauge Galvanked Steel.....� .........._ ITEM 24A -A l Roof Repair Areas LF 13.80 ITEM 24A� Medlium Roof Repair/Replacemen0t Areas 501 SY10 000 S,R LF..... 11,50 ITEM 24A -C Large Roof Repair/Replacement Areas Over 10,001 5.F.. .. L..F. 11.50 24 daaage 'Stafmless Steel ITEM 2413-A Small Raaf (Repair Areas -0 SY-500 ST L 23 l O ITEM 243 aS...F.. _ Repair/Replacentent...... .............. _Y ..... 17.25 I— ITEM 24B -C _e �4. _...w n...t. .r.s....... 5 �.�....�as51 Large Raaf ReparulReplacernetAea-Over 12 Aluminum "" UTElU124C A..U2aaRepair Small Roof Areas S � 500 S E _.. .. . L U- 20 STA lernent t Areasl. E 14 �J5 UEIVI 240 CLarge ITEM Areas er 1� 007 S F lRepl -Over 1 ,001 ��aa L E 14 95 _.W. ��a66ReIrdReplacesment materials, labor, and equipment UrasteVl continuous 4 -inch -wide metal" mar syM... 24 Gauge Galvanized Steel ........ ...... ITEM 25A -A .....,., ...,, .. ...... Small Rauf Repair Areas -0 ST -500 ST LY 575 . UTEM 25A a Areas 5a°U..,S E 10 08Dp S � p p cement Medium. Raaf Ra.. L E L ,75 S,7S UTi Elt� 25A C ... Large Roof Rep�u p ement Areas Large ...... 11 11 ver 10,001 S p....... LY .....,., .._ . 24 augs StarnBess .s teel ._...,,.-,........,... .....�. 9T Elu6 25R -A .,...., Small Raaf RepairPAreas�0 SrF-500 Y L E ...,,._ 23.00. .U�Eh26U3 Medium Ranh Re alrfReplacern_ent Areas -501 S f- 74 adk0 S R L E 13.8O U CLUk� 5B-CRepair/Replacement Large Rem Re a. ir_/.R...e. p lacement Areas -Over 10,001 S., E ....... ......... ...... L 13.80 -." )5C_ . „ odixedetrnmsmsnm �.., ITEM 2. �. p, 50a S Smalll Roof Repair Areas SoF- R L E L 20.70 iT"C9�2.uCE.....�00��5�... .'i w 1110 SIF i LULL 11.50 ITEM 25C -C RaaA Repair/ReplacementR Area l9ver77'" 0L Large...... ..... F- .......... 11.50 y y y f Sunrise: The following time costs are for emergent work only authorized b the G o....... se.' ..�,.. ....,.......- ....... ......... U�IWf11 26-®A .....Su ervisor Labor rice Sita ... int ....... your .....d told be included in stems Estdicatedy p i Un yeas bid for .,. ., . .... ......... .._�. ......@4,f,�EdP� ....... ..... ..... ..... �. .,,.......,,. ...... ...... ..,,,,_.,.....,.. ar safe V -9U2 57 51 Ovefflime Rate lfF2 57 51 IT 26-B y (Labor puce sUnerufd bre (included on aaor bid for stems indicated)"` .... ..... Ft radar ate....... HR 8626 ._.._... ,. m+ecldaxae dRate..,.,...�... 55.26 ITEM 2C 6 "„ Roofers Helper (Labor rice hold be Included in your teed for item indicated 0.00 i�eguiavPZatm .... ..... ��.�. ....... ...... ..... ............... Overtime Rate I UR, �. 63.26 � ....... i lI 00 liiiU, Type reinforced tall 60 _.�. y it, fabric �rei Furnish all materials, labor, and equipment to install tfniforma EPDM mwith a Olass W Rating. The membrane is to be mechanically fastened through metal deck systems (approved warranty method as �'tire manufactured by "Carlisle Syntec° for existing warrantled system. ITEM 27-A .. ....., SmallRoof Repair Areas ..IFm2O0 S.. 30 2@ "AS ITEM 27 B ..................... .. _.._... ......_ M, o'dsuin Raaf RepairlReptacement Areas 200 S E-2 00 0„S E U-....... l'1•Ei1li 27-F3 Large Roof Re air/Re facernent Areas -aver 2,000 S,l 1 9 P"- p ....._. ._...., _....... � E ... Ott � 6 Furnish all materials, labor, and equipment to instail 60 Mil, �, ... illalaric reinforced tllniAorma "fps (Thermoplastic Polycalefin Sheet) with exposed white face, min. SRI 78, fully adhered d mechanically fastened system as manufactured by 'Carlisle :Syntee for existing approved rrsntled systema, The membrane Is to The mechanically fastened through the metal deck system or adhered to concrete deck Qapproved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing vrarrantled system). UTE 2� A naiB If�aof R�...T-500 F Repair Areas -o �.... UTEM 2d B N .., _�.. Areas n5O7 S.E�,O00 S.0 PUlediurra Roof Repair/Replacement Areas f � E 4 03 ... . V�`E� 2t3 C 9 p .p rlRe lace aver 3,000 S l= Large Raaf anaent E &........� 5.1 d ..,� _.�,, .... ...... ... p g y Furnish all materials, labor, and a ani sment to install built Up Casal Tar Roofing system with mennbriane frly+ sheets as indlcated UT EhA 29 A Small Raaf Repair Ares -0 S E-500 S i � F � 90 pTi EM 29-�...... BJiediueaa Ranf RepairBRepIs' cement Area 501 SIF 10,000 S F' S F 6,90, I� E 25 Large Roof RepairlReplacernent Areas aver 10,000 S.F S.IF 6,90 C .. Furnish all materials, labor, and equipment for existingroot fear- off, down to substrate, This . ite�ri ili 0 ifrec�apa�an�_a LdlsyfrcasM costs A)„ Aspinalh ealnin les g „e. ... ., EM A- „ l'U'EUs13OA-A 'gym . ..... ......... .....� all Roof Repair Areas -0 S.IF-5.0 R p ..... 7 ITEUt� 3 DA ........ .. �„ , kNedlum ka l ar e Rauf Ra asr Area 501 S E and tU Large -.....w Repair . a SY �. �....... 90 6. 0 B)Mediumt ....t... ITEM 30� A Small Rnrrof Repair Areas a -0S IF.30OE la I .. 13 60 UTEftNa3OV3 V3 to LargeURoof Repair Area -501 &F and Up , .......... .. .,_.,..,...., ®,,.. _.... ... ....... .. .. ...._,, .,,.,.,,..,,..,.. S F „�..E ..,.,..,..,. 11.501 ....� _ . � .. .. _ Standing Seeam°.. Metal _ "], 30C.AS - . mall Rof Repair Areas OS F -50O SE S 1725ITEM 361E Raaf Repair Area 501 S parid ya i .... S.FITEM _ " Mortal Shingles ITEM 300-A .............. Small Roof Repair Areas -0 F-000 S F S F 17.25 ® ITEM 30D -B Roof Re„ Medium g pair Area -501 ST and U P w..... .. S F 14 95 3333. _.• rials labor,S Furnish and equipment for the of deteriorated wood substrates all mate ITEM 31 518- inch CDX Plywood..,... ... ITEM 31A -A Repair S.F-500 S.F ,3333 w, S F .. 3333 5.18 ITEM 31A B 3 Roo , P..... 333e a-50 MediumtoLarge Roof Repair Area 509 S F and U Mediu S F 4 3 0..... w 333 3. ........ ood(Fir) 2 nches x 64nch T&G W ............. 3333...". ITEM 31 B -A Small Roof Repair Areas -0 S.F-500 S F S F 11.50 Curved Roof S F 11.50 ITEM 31 B -B Medium to Lar 9.20 . ... ... .................. Curved Roof S.F ....................�......0 9. ITEM 32 .. ................�. ""' "" .,.,..,............ ....... ... — _3333 .. Fumish all materials, labor, and equipment to install the underlayment materials. ....._. 6 Polyethylene Sheet ITEM 32 S.F-50 F Small Roof Repair Areas -0 S F-000 al _... ry ..,..... 3 3 3F 0.58 ITEM 3 2A..g . ...... .. 333 3 .........,,,. pairAr. and U Medium to Large Roof Repair Area -501 S F a p Large _,....... ....�.�� ... .. 30 Lbs Fells Saturated 9a_.,._, ... ... w.� 3 ITEM 3213 A Repair S -500 S.F -0 -6P,,, F S F 2 30 ITEM 3213-B Medium to Roof Re A Area -501 S F..and Up....,.,... 5 F... 2..88 " µ nderla m�'r SeN g y granular face sheet 55 Mils. Fiberglass mat reinforced and SBS i e nt � C) p .,. ITEM....... 32C A SmallaRoofRe air Areas-0ST-500SF P 5 4.60 ITEM 32C -B _3.333 .,.....w. .. 3333. ... Repair -501 S.F and U Medium to Large Roof Repa' p ... S.F 4 U ing derla ment ethylene sheet 40 Mils Shp resisting polythene film y Pty ITEM 32D A Small Re ai F P n Areas -0. F b00 S....... "" S.F " 5 75 �.... 3333._. ITEM 32D -B Yo Medium to Large Roof Repair Area -5 r9 01 SY and U p............... _.......,. S.F ..... B 5„1.,.. ...... high temperature sheet 40 Mils, with sliprests Sell- Adhering sheet underly ment, high g ting.. Ej l "eth lone ,surface tammeted to SBS modified as hall adhesive ITEM 32E A Small Roof Repair Areas -0 S.F-600 S F w. 3,333 i S F 5.75 ITEM 32E -B .. r9 P .501 S F and Up 3333.. rv�................... S F . �, .. 5 � 18 3333... �2 9 Paper. 5 ST rosin sized. ITEM 32 F -A r Areas -0 S FS00 S F i Y-50 Small Roof Repair S F �...w�... 0 58 5,8 IT 32F B n air Area 501 S F and Up 9 P .. Medwsh S F ...._.... 0 29 3333 '� ' REM 33 333,3 w.w........_.. Furni q p install pressure treated blocking all materials labor.and e w ment t,,,.�... ....... "� ..". "3333 .......,.. ...... _.” ITEM 33A A.._ all Roof Repair Areas - -r0 Small .. �.�.�...... � .,..._. ..... ....,. 5...7 5 ITEM 33A -B ., ... ......, Medium to Large Roof Repair Aa51 SP end Up S 9) 2x6,,,,..,., ITEM 3313 A Small Roof Repair Areas -0 3 F�00 S F n 3333 S F 6 ITEM 3313-B .. � ,.,ep,a.....µ„_ Medium to Large Roof Repair Area 501 ST and Up S.F 5.75 ” C�,...... 2X8 ITEM 33C A 0 Small Roof Repair Areas -0 S F-500 S F R, pair r S F .. 19.20' ITEM 33C -B .�... .. Medium to Large Roof Repair Area 501 S.F and Up ....rim S.F ITEM 34 Furnish all mater � rand equipment to install sheet metal flashings and trim rials labor, 24 Stainless Steel el Dri Ede 41nch Profile ITEM 34A -A ." Small Roof Repair Areas -0SFSOOSF LF 138 0 ITEM 34A -B .G....a...0..a... Medium to Large Roof Repair Area -501 SF and Up L F 11.50 ..... ..... 5-, ITEM 35 .. ...... . Is, a......_..� r and equipment to Install metal gutter. Furnish all mate labor, � Aj 6 -Inch x 6 -Inch 2 4 Gauge Galvanized Steel Gutter _ ..,." �.... ITEM 35A -A Small Roof Repairyls ...,, -0 Areas S.F-50 ._„ ............................. LF 2 7 5 ��"�� ITEM 35A $ g P ...... - .. 3333, Medium to Large Roof Re and Up ... air Area501., S F a w...........�,.,..�..... 3333 .. .......µ �...,. 3333... "........., L.F .........,..,,, 23.00 .....�3333. .,�_.,.,�.. _............... inum Gutter ITEM 35AASmall Roof Repair Areas reas --0�w -0fl0.. L F ...._ 3333. 31.05 . ITEM 35A-BMedium to Large Pa Area -501 SF and Up L.F 25.30 ' �..... ,,,.," .. wS .. 3333 ..F. .5�F .. ......_� Furnish all materials, labor and equipment to Install rigid standard ridge vent, high density ITEM 36 ilzed lactic fe r Ureas ITEM 36 ARepair -0 Small Roof Areas -0 S F-Fi00 S F m F 11 502 •, ', ITEM 36 B _ro Medium to Large Roof Repair Area 501 S F and U .......... . .. ........,.. ” , g.. .. F . , 0 , ,. .......,...p glass 3333... _ .,. all materials,a bor and equipmentto install fiber reinforced asphalt shingles,m ITEM 37 3333 ITEM 37 A Small Roof Repair AreFurnish -0 ST-600$ealin S F S.F 4 6 0 ITEM 37 8 six eaq 01 S F and Up to Roof Res Area ........ .. F ......... 4 03 FurMednish sh all mum 3333. and equipment to Instal aterials, labor, 120 oz, labor ITEM 38 Cor shrnBies 84 inche 12 -Inc hese 2 c�1Fs.Fr�ronel _ _. �. ITEM 38 A Small .".1-7.2.51. 5 F ITEM 38 B �_.,...,.,..00 . „.arials, win to Large Roof Repair Area 501 S F and U Mediumg e S.F 17 2 5 ..,...... ... _ ." .,.,.,...,..... .. .. Furnish ".. all materials, lah and equipment to install galvanized steel sheet, .0276 inch with ITEM 39 r in � �,,,, „" s11 o I d of ate...F.R?!t� ...,, „�.. .......................... ... „ m_ ."333.3 ............. ... � Standing .3 ITEM 9AA r Areas -0 S F-600 S F SmalldRooiRepai.. �. ......� ....,... w.,....., S �..�,F 128 3,333 . �... 3333_. ITEM 39A -B „m Medium to Large Roof Repair Area 501 S F and Up 9 P S .F 1 r BBatten Seam . ...... ... ITEM 39B -A Small Roof Repair Areas 4 S.F-500 S &F 11 50 ITEM 39B -B Medium to Large Roof Repair Area -501 SY and Up &F Furnish all materials, labor, and equipment to install aluminum shoot, coil coated alloy, .040 ITEM 40 in ch with sillconized p . ............... . . A) Standing Seam ....... . . . . ....... ITEM 40A -A Small Roof Repair Areas -0 SY-500 SY .............. . . SY 19.55 — — - - - ------ ITEM 40A -B .... . . .. . ....... . . . . Medium to Large Roof Repair Avea -501 S.F and Up SY 18.40 . ... ...... Batten Seam ITEM 40B -A Small Roof Repair Areas -0 S.F-SOO SY 12.65 ITEM 4013-B Medium to Large Roof Repair Area -501 SY and Up S 11.50 ....... .... Flat Seam ITEM 40C -A Small Roof Repair Areas -0 S.F-500 SY s 1165 ITEM 40C-13 Medium to Large Roof Repair Area -501 SF and Jp 5.F 11 . ............ . . . ...... Ridge Metal Building Roofing (Through Metal Building Manufacturer) . . . ....... ITEM 40D -A Small Roof Repair Areas -0 S.F.500 SY SF . ........ . ... .......... 13.80 ITEM 40D-BMedium to Large Roof Repair Area -501 SY and Up S ITEM 41 Furnish all materials, labor, and equipment to Install clay roof tile. A) SpaSe Tile ......... . ITEM 41A -A Small Roof Repair Areas -0 SY-EM SY S,F 12k5 ..... .. . . .............. . . .......... ... ..... ............ ITEM 41A -B ... . . .. ... ... ....... . .. .. . ..... ... ... . ....... . .......... . .. ............... . ' "" - — - - ------ - - --------- ... ... ......... Medium to Large Roof Repair Area -501 BY and Up ... ... .. - — - --- - . ...... S.F 11�50 .. ....... . Barrel The .... ....... ITEM 41 A Small Roof Repair Areas -0 S.F-500 S ...... . ....... SF 12.65 ITEM 41A -B Medium to Large Roof Repair Area -501 SY and Up . . ............ SY 11.50 ITEM 42 ...... . . . ........ . ... - . . ...... ... ... .. --- . . . ......... Furnish all materials, labor and equipment to install e diameter leader A) 24 Gauge Galvanized Steel ITEM 42A -A Small Roof Repair Areas -0 S.F-500 SY . . ........... F 920 ITEM 42A -B Medium to Large Roof Repair Area -601 SY and Up .. ... ....... . .... .. . . &F 8.05 B) Anodized Aluminium .1- 1 TE M42 B -A .. Sma 11 11 1 R oof Re pair Areas - , 0 - S F -SODS F &F 10.35 ITEM 42B -B Medium to Large Roof Repair Area -501 SY and Up S,F 9.20 C) 24 Stainless Steel ITEM 42C -A Small Roof Repair Areas -0 S.F-500 SY .......... . . SY 12.65 ... . ..... ....... .. ... ITEM 42C -B ......Gge Medium to Large Roof Repair Area -501 S.F and Up 11-..5.( 3 Furnish all materials, labor and equipment to install concrete roof the A) Spanish"S"Irfle, .............. ITEM 43A -A Small Roof Repair Areas -0 SY-500 S.F . ......... ... 11.50 ITEM 43A-8 Medium to Large Roof Repair Area -501 SY and Up 1 , 0 , ,35 B)Flat Shingle . ....... . . ........... -' ... . . ...... ITEM 4313-A Small Roof Repair Areas -0 SY-500 SY S.F 10.35 ............ . -- . .. ........ ITEM 43B -B .. Medium to Large Roof Repair Area -501 SY and Up S�F 9,78 ................. Supplies not listed or Included elsewhere MAY be purchased under this contract on a strictly arrangement only. Documentation of vendor cost must be provided with vvemen ITEM 44 �COST-PLUS (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of EA- 0.00 this type of material will be required per year. ITEM 45 ............ Crone Rental ALLOWANCE - based ,,u, Po..n receipts and as authorized by the CKY, 0 00 Annual Inspections of all roof types to be included in a Roofing inspection Report. Roofing inspection and Report. The report will he comprehensive and include a quote for repairs formatted in line with the contract. The quote shall identify emergency, remedial and replacement cost. Report shall include but not be limited to the following! 11. All roofing Inspection roofing numbering system shall conform with the City of Sunrise building numbers. Vendor shall coordinate the proper building numbers with the City representative to ensure Inclusion into the report. 2. Providing Information of the roof (Le, date of Installation, based on pe ng documents, roof characteristics and geometry, roof type, roof square footage, avid any S,F O�07 ITEM 46 other information that may be requiredi. 3. Providing color Images or photos, within the body of the report, identifying the roofing area, condition, and deficiencies that may require immediate attention. 4. Date of estimated need for replacement. 5. LOS as follows: to or more years of service life remaining; B=8 to 10 yearsof service life remaining; C=5 to 7 years of service life remaining; D-2 to 4 years of service life remaining; F= Less than I yearof service Jife remaining. H. .... ... ...... . ... ... ..... . To a as .. ....... . J— ........... . . . . 1 0111611030 289 PURCHASE ORDER CITY OF BOYNTON MACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 3 P.O. -10 : 240193 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/01/23 VENDOR 91 SHIP TO: TO: ADVANCED ROOFING INC. City of Boynton Beach 1950 N.W. 22ND ST EAST UTILITY ADMIN FT. LAUDERDALE, 'FL 33311.-2939 124 E. WOOLBRIGHT ROAD, BOYNTON BEACH, FL 33435 V I VIII II ISI II I(rll�i. M VII II II V II I M REQUISITION NO: EORDERINjGDEPEARTMEENT: UTILITIES/KERR/MRN DATE NEEDED: COM MISSION' APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION' UNIT COST COST ROOFING MAINTENANCE AND REPAIRS' EFFECTIVE DATE: 10/01/23 EXPIRATION DATE: 10/31/24 NOT TO EXCEED: 40000.00 PROCUREMENT SERVICES: QCtOb@I' 1,`2023 P,0 TOTAL: �� ACCOUNT NO. PROJECT DEPARTMENT 290 6.1 Consent Agenda 06/18/2024 Proposed Resolution No. R24-124- Amend the FY 2023-24 budget, adjust budgeted appropriations and revenue sources and provide spending authority for the General Government Fund (001) on Exhibit A and other funds on Exhibit B (Capital Improvement Funds 302, Utility Funds 401 and 403, Golf Fund 411, etc.). Requested Action: Staff recommends approval of Proposed Resolution No. R24-124. Explanation of Request: The FY 2023-24 Budget was adopted in September 2023. This mid -year review, thru the end of May 2024, will address deficits in various accounts. As such, the FY 2023-24 Adopted Budget will be amended. This type of budget amendment is part of the annual budget process. How will this affect city programs or services? The City will continue to follow good and appropriate budgeting practices. Fiscal Impact: See Exhibit A and B for a summary of the fiscal impact. Attachments: R24-124 Agenda_ltem_1373-2023_Resolution_for_Budget_Amendment.docx Exhibit A to Resolution - FY2023-24 All Funds Department Budget Amendment, (June 18, 2024 Meeting) - Gen Fund Ex A.pdf Exhibit A to Resolution - FY2023-24 All Funds Department Budget Amendment, (June 18, 2024 Meeting) - Gen Fund Ex A Detail.pdf Exhibit B to Resolution - FY2023-24 All Funds Department Budget Amendment, (June 18, 2024 Meeting) - Other Funds Ex A.pdf 291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. R24-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET BY ADJUSTING BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDING SPENDING AUTHORITY FOR THE GENERAL GOVERNMENT FUND (001), CAPITAL IMPROVEMENT FUNDS (302), UTILITY FUNDS (401 AND 403), GOLF FUND (411), AND OTHER FUNDS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, the Fiscal Year 2023-2024 Budget was adopted by the City Commission by Resolution No. R23-120 on September 27, 2023; and WHEREAS, this mid -year review, through the end of May 2024, will address deficits in various accounts; and WHEREAS, the Fiscal Year 2023-2024 adopted budget for the Green Building Fund (131) will be amended from $71,000 to $102,000; and 18 and 19 20 21 22 23 24 25 WHEREAS, the FY 2023-24 Adopted Budget needs to be amended by a budget resolution; WHEREAS, this type of budget amendment is part of the annual budget process; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve amending the Fiscal Year 2023-2024 Budget by adjusting budgeted appropriations and revenue sources and providing spending authority for the General Government Fund (001), Capital Improvement Funds (302), Utility Funds (401 and 403), Golf Fund (411), and other funds. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 28 29 30 31 32 33 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. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve amending Fiscal Year 2023-2024 Budget by adjusting budgeted appropriations and revenue sources and providing spending authority for the General Government Fund (001), Capital Improvement Funds (302), Utility Funds (401 and 403), Golf Fund (411), and other funds, as 292 34 described in "Exhibit A" and in "Exhibit B," attached hereto. 35 SECTION 3. This Resolution shall take effect in accordance with law. 36 PASSED AND ADOPTED this 18th day of June 2024. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Shawna G. Lamb City Attorney 293 * CITY COMMISSION 370,082 CITY OF BOYNTON BEACH 224,996 275,793 * CITY MANAGER BUDGET AMENDMENT 979,185 558,829 BUDGET YEAR 2023 - 2024 (June 3, 2024) * CITY HALL/GEN ADMIN 4,227,264 3,984,361 1,790,949 GF Attachment: Exhibit 2022/23 2023/24 2023/24 2023/24 w ENC 6/3/2024 6/3/2024 PY ACTUAL CURRENT Y -T -D Y -T -D w ENCUMB. AVAILABLE DEPARTMENT CITY MGR YE EXPENSE/REVENUE BUDGET ACTUAL ACTUAL/REVENUE BUDGET BUDGET TRANSFERS AMENDED BUDGET * GENERAL FUND REVENUES 123,696,868 118,976,402 86,300,699 109,972,062 0 * CITY COMMISSION 370,082 392,075 224,996 275,793 * CITY MANAGER 925,200 979,185 558,829 720,974 * CITY HALL/GEN ADMIN 4,227,264 3,984,361 1,790,949 3,483,040 * MARKETING/COMMUNICATIONS 472,024 221,037 113,633 165,225 * SPECIAL EVENTS 639,801 1,189,427 632,320 922,320 * TOWN SQUARE 4,526,533 4,483,181 1,960,313 1,992,794 * PUBLIC AFFAIRS 282,053 362,721 141,590 189,853 * DEPT INTERNAL INVESTIGATION 627 367,330 165,408 228,986 * CITY CLERK 844,651 822,367 403,191 558,129 * FINANCIAL SERVICES 1,801,749 2,116,528 1,122,121 1,446,161 * ITS 3,417,517 3,569,305 1,445,263 2,450,422 * HUMAN RESOURCES 1,371,186 1,455,336 783,574 1,010,028 * ADA & INCLUSION 135,699 8,213 1,863 5,032 * CITY ATTORNEY 730,059 1,076,647 625,884 838,163 * UNIFORM SERVICES 20,287,237 21,549,871 13,494,258 15,965,108 * OFFICE OF THE CHIEF 5,725,081 7,002,058 4,005,470 5,300,038 * SUPPORT SERVICES 17,464,932 15,567,485 9,580,143 12,115,229 * FIRE 32,482,291 31,977,908 20,003,459 24,646,347 * EMERGENCY MANGEMENT 20,674 30,425 2,652 24,823 * DEVELOPMENT 417,053 431,797 195,422 266,490 * BUILDING 4,573 0 0 - * COMMUNITY STANDARDS 1,456,082 1,461,604 731,115 973,873 * ENGINEERING 802,272 594,648 378,369 510,894 * PLANNING & ZONING 849,425 1,084,945 500,321 768,241 * ECONOMIC DEVELOPMENT 307,285 546,198 254,850 367,451 * PUBLIC WORKS 210,133 180,559 130,939 248,441 * FACILITIES MANAGEMENT 2,278,705 2,666,765 1,174,799 2,317,644 * STREETS MAINTENANCE 1,674,158 1,697,235 904,200 1,343,449 * PARKING SERVICES 274,150 791,065 392,143 538,442 * LIBRARY 2,479,984 2,690,532 1,388,365 1,781,678 * SCHOOLHOUSE MUSEUM 227,804 265,604 115,051 218,938 * RECREATION 3,936,073 3,591,207 1,849,025 2,397,161 * WOMEN'S CLUB 0 68,500 1,231 9,986 * ARTS & CULTURAL CENTER 3,657 1,023,911 319,295 433,606 * PARKS & GROUNDS 4,381,353 4,726,372 2,316,250 3,717,625 * RESERVES 3,446 0 1,207 11543 * CRA REIMBURSABLE -156,074 0 -520,689 (519,461 116,282 0 392,075 258,211 0 979,185 501,321 (98,500) 3,885,861 55,812 0 221,037 267,107 0 1,189,427 2,490,387 0 4,483,181 172,868 0 362,721 138,344 0 367,330 264,238 0 822,367 670,367 0 2,116,528 1,118,883 0 3,569,305 445,308 0 1,455,336 3,181 0 8,213 238,484 65,000 1,141,647 5,584,763 0 21,549,871 1,702,020 0 7,002,058 3,452,256 0 15,567,485 7,331,561 0 31,977,908 5,602 0 30,425 165,307 0 431,797 0 0 0 487,731 0 1,461,604 83,754 0 594,648 316,704 0 1,084,945 178,747 0 546,198 (67,882) 96,500 277,059 349,121 (27,900) 2,638,865 353,786 (24,600) 1,672,635 252,623 0 791,065 908,854 0 2,690,532 46,666 0 265,604 1,194,046 0 3,591,207 58,514 0 68,500 590,305 0 1,023,911 1,008,747 (10,500) 4,715,872 (1,543) 0 0 519,461 0 0 GENERAL FUND BUDGET TOTAL 114,874,739 118,976,402 67,187,809 87,714,466 31,261,936 0 118,976,402 FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 Meeting) �� General Fund Summary - Totals 1 of 1 /2024 CITY OF BOYNTON BEACH BUDGET AMENDMENT BUDGET YEAR 2023 - 2024 (June 3, 2024) S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Am mdm t\FY2023-24 All Funds Department Budget A-d-t,(May 21, 2024 b14ti,g)Gen lFund Summary -ExhA 295,4/2024 GF Attachment: Exhibit 2022/23 2023/24 2023/24 2023/24 2023/24 w111 6/3/2024 6/3/2024 PY ACTUAL CURRENT Y -T -D Y -T -D w ENCUMB. Available N VAII111.A111k11.11;; DEPARTMENT CITY MGR YE EXPENSE/REVENUE BUDGET ACTUAL ACTUAL REVENUE Budget nuIi2fi,11',; BUIDGIE.T'P'RANSFERS AMENDED BUDGET 001-1110-511.23-30 HEALTH INSURANCE 34,820 29,308 17,763 23,684 11,545 5,624 (2,500) 26,808 001-1110-511.41-15 CELLULAR PHONE/BEEPER 2,980 3,000 1,516 4,070 1,484 (1,070) 1,100 4,100 001-1110-511.54-20 MEMBERSHIPS 29,550 40,165 36,560 36,560 3,605 3,605 (1,200) 38,965 001-1110-511.95-47 COMMUNITY INVESTMENTS 29,000 - 1,600 2,600 (1,600) (2,600) 2,600 2,600 * CITY COMMISSION 370,082 392,075 224,996 275,7931 167,079 1 116,282 1 01 392,075 001-1210-512.12-10 REGULAR SALARIES/WAGES 619,316 658,847 340,812 439,880 318,035 218,967 (8,350) 650,497 001-1210-512.14-10 OVERTIME 1,772 - 297 565 (297) (565) 750 750 001-1210-512.15-12 CELL PHONE ALLOWANCE 666 700 686 911 14 (211) 500 1,200 001-1210-512.15-20 CAR ALLOWANCE 1,360 1,200 2,100 2,900 (900) (1,700) 1,800 3,000 001-1210-512.22-40 DEF COMP CONTRIBUTION 48,887 54,000 26,933 36,266 27,067 17,734 (7,900) 46,100 001-1210-512.23-10 LIFE INSURANCE 552 192 255 306 (63) (114) 200 392 001-1210-512.23-30 HEALTH INSURANCE 51,163 39,078 30,546 40,728 8,532 (1,650) 1,800 40,878 001-1210-512.23-34 HSA 10,250 5,000 9,613 9,613 (4,613) (4,613) 5,000 10,000 001-1210-512.23-40 DENTAL INSURANCE 2,758 1,888 1,472 1,963 416 (7S) 150 2,038 001-1210-512.23-50 VISION INSURANCE 271 222 179 239 43 (17) 50 272 001-1210-512.49-17 OTHER CONTRACTUAL SRVS 2,126 2,400 - 15,000 2,400 (12,600) 12,600 15,000 001-1210-512.54-30 TRAINING 295 10,000 738 738 9,262 9,262 (6,600) 3,400 * CITY MANAGER 925,200 979,185 558,829 720,9741 420,3561 258,2111 01 979,185 001-1211-512.41-12 POSTAGE 62,444 50,000 20,140 74,615 29,860 (24,615) 25,000 75,000 001-1211-512.49-14 CREDIT CARD FEES 820 - 141 141 (141) (141) 300 300 001-1211-512.99-01 CONTINGENCY - 271,443 - - 271,443 271,443 (123,800) 147,643 * CITY HALL/GEN ADMIN 4,227,264 3,984,361 1,790,949 3,483,0401 2,193,412 1 501,321 (98,500)1 3,885,861 001-1212-519.12-20 HOLIDAY PAY 48 - 249 249 (249) (249) 500 500 001-1212-519.14-10 OVERTIME 660 - 327 1,394 (327) (1,394) 1,200 1,200 001-1212-519.21-10 EMPLOYER FICA 21,964 21,353 3,733 6,085 17,620 15,268 (1,700) 19,653 * MARKETING/COMMUNICATIONS 472,024 221,037 113,633 165,225 1-07,4041 55,812 1 0 221,037 001-1213-519.12-10 REGULAR SALARIES/WAGES 151,179 205,843 93,455 124,396 112,388 81,447 (2,250) 203,593 001-1213-519.15-20 CAR ALLOWANCE - - 1,500 2,000 (1,500) (2,000) 2,000 2,000 001-1213-519.23-30 HEALTH INSURANCE 5,921 19,539 4,441 7,401 15,098 12,138 (3,000) 16,539 001-1213-519.46-30 VEHICLE MAINT. - GARAGE - - 2,792 2,792 (2,792) (2,792) 3,000 3,000 001-1213-519.52-85 FOOD SUPPLIES 2,641 2,000 2,158 2,158 (158) (158) 250 2,250 * SPECIAL EVENTS 639,801 1,189,427 632,320 922,320 557,107 267,107 01 1,189,427 001-1214-512.31-11 LITIGATION FEES & COSTS 153,527 - 20,131 46,868 (20,131) (46,868) 25,000 25,000 001-1214-512.31-15 LEGAL -LAND ACQ/TITLE 211,798 - - 5,742 0 (5,742) 3,000 3,000 001-1214-512.44-42 OFFICE RENTAL 80 - 130 130 (130) (130) 200 200 001-1214-512.72-01 DEBT INTEREST EXPENSE 2,698,958 2,633,683 1,325,371 1,325,371 1,308,312 1,308,312 (28,200) 2,605,483 * TOWN SQUARE 4,526,533 4,483,181 1,960,313 1,992,7941 2,522,868 1 2,490,387 1 01 4,483,181 001-1215-519.14-10 OVERTIME 2,324 5,000 295 959 4,705 4,041 (1,000) 4,000 001-1215-519.15-12 CELL PHONE ALLOWANCE - - 300 450 (300) (450) 600 600 001-1215-519.41-15 CELLULAR PHONE/BEEPER 1,168 5,036 1,085 5,397 3,951 (361) 400 5,436 * PUBLIC AFFAIRS 282,053 362,721 141,590 189,853 221,131 172,868 01 362,721 001-1216-512.12-10 REGULAR SALARIES/WAGES - 272,792 113,833 160,949 158,959 111,843 (2,650) 270,142 001-1216-512.23-30 HEALTH INSURANCE - 9,769 9,464 14,763 305 (4,994) 5,000 14,769 001-1216-512.23-40 DENTAL INSURANCE - 472 375 600 97 (128) 200 672 001-1216-512.23-50 VISION INSURANCE - 53 44 70 9 (17) 25 78 001-1216-512.49-17 OTHER CONTRACTUAL SRVS - 14,100 - 1,000 14,100 13,100 (5,575) 8,525 001-1216-512.52-20 OPR. EQUIPMENT <$1000 - 2,860 1,451 4,076 1,409 (1,216) 1,500 4,360 001-1216-512.54-30 TRAINING 458 5,000 4,417 6,223 583 (1,223) 1,500 6,500 * DEPT INTERNAL INVESTIGATION 627 367,330 165,408 228,986 201,922 138,3441 01 367,330 001-1310-512.15-20 CAR ALLOWANCE - 4,000 3,300 4,400 700 (400) 500 4,500 001-1310-512.23-34 HSA 5,104 3,250 3,250 3,500 0 (250) 500 3,750 001-1310-512.49-12 LEGAL ADS 26,458 40,000 15,941 33,000 24,059 7,000 (3,000) 37,000 001-1310-512.49-14 CREDIT CARD FEES 9,727 5,000 4,822 6,930 178 (1,930) 2,000 7,000 001-1310-512.49-15 ELECTION EXPENSE 112,546 1,188 - - 1,188 1,188 0 1,188 * CITY CLERK 844,651 822,367 403,191 558,129 419,176 264,238 01 822,367 001-1410-513.15-12 CELL PHONE ALLOWANCE - 1,925 1,650 2,200 275 (275) 500 2,425 001-1410-513.49-17 OTHER CONTRACTUAL SRVS 19,675 53,271 8,426 23,369 44,845 29,902 (500) 52,771 001-1410-513.52-22 UNIFORMS - 500 - - 500 500 (150) 350 001-1410-513.52-85 FOOD SUPPLIES 703 - - 117 0 (117) 150 150 * FINANCIAL SERVICES 1,801,749 2,116,528 1,122,121 1,446,161 994,407 670,367 01 2,116,528 001-1510-513.15-12 CELL PHONE ALLOWANCE 1,008 1,008 780 1,040 228 (32) 50 1,058 001-1510-513.46-30 VEHICLEMAINT.- GARAGE 2,832 1,600 2,662 2,662 (1,062) (1,062) 1,600 3,200 001-1510-513.52-22 UNIFORMS - 200 334 334 (134) (134) 200 400 001-1510-513.54-30 TRAINING 12,877 17,000 2,104 2,831 14,896 14,169 (1,850) 15,150 * ITS 3,417,517 3,569,305 1,445,263 2,450,4221 2,124,042 1 1,118,883 1 01 3,569,305 001-1610-513.12-10 REGULAR SALARIES/WAGES 835,609 747,534 358,600 428,105 388,934 319,429 (9,000) 738,534 001-1610-513.22-40 DEF COMP CONTRIBUTION 4,375 5,000 6,875 10,000 (1,875) (5,000) 7,000 12,000 001-1610-513.23-10 LIFE INSURANCE 616 286 464 513 (178) (227) 400 686 001-1610-513.23-34 HSA 8,578 2,907 3,875 3,875 (968) (968) 1,000 3,907 001-1610-513.34-30 EMPL. ASSISTANCE PROGRAM 13,726 12,750 12,191 13,280 559 (530) 600 13,350 001-1610-513.46-91 SOFTWARE MAINTENANCE 119,536 222,400 145,808 232,324 76,592 (9,924) 10,000 232,400 001-1610-513.49-13 RECRUITING EXPENSE 14,193 25,150 2,218 7,132 22,932 18,018 (10,000) 15,150 * HUMAN RESOURCES 1,371,186 1,455,336 783,574 1,010,0281 671,762 1 445,3081 01 1,455,336 001-1612-513.12-10 REGULAR SALARIES/WAGES 84,856 8,213 1,731 4,675 6,482 3,538 (500) 7,713 001-1612-513.21-10 EMPLOYER FICA 6,172 - 132 357 (132) (357) 500 500 * ADA & INCLUSION 135,699 8,213 1,863 5,032 1 6,3501 3,181 1 0 8,213 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Am mdm t\FY2023-24 All Funds Department Budget A-d-t,(May 21, 2024 b14ti,g)Gen lFund Summary -ExhA 295,4/2024 S:\Finance\Budget Amend ments and Transfers\FY2023-24\Current Year Am endment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 ARe4ting)GeneraI Fund Sum ma rt' -ExhA 296'4/2024 2022/23 2023/24 2023/24 2023/24 2023/24 ap11INC 6/3/2024 6/3/2024 PY ACTUAL CURRENT Y -T -D Y -T -D w ENCUMB. Available AVAII II.AII II -II.. DEPARTMENT CITY MGR YE EXPENSE/REVENUE BUDGET ACTUAL ACTUAL REVENUE Budget BUDGET BUDGETIFRANSFERS AMENDED BUDGET 001-1910-514.12-10 REGULAR SALARIES/WAGES 103,103 612,913 274,484 365,638 338,429 247,275 (20,100) 592,813 001-1910-514.21-10 EMPLOYER FICA 7,287 46,513 21,100 28,128 25,413 18,385 (5,000) 41,513 001-1910-514.22-40 DEF COMP CONTRIBUTION - 22,500 15,827 23,494 6,673 (994) 2,000 24,500 001-1910-514.23-10 LIFE INSURANCE 76 180 211 265 (31) (85) 100 280 001-1910-514.23-30 HEALTH INSURANCE 14,567 9,769 16,040 22,987 (6,271) (13,218) 25,000 34,769 001-1910-514.31-10 RETAINER -CITY ATTORNEY 365,582 95,000 103,876 103,876 (8,876) (8,876) 12,000 107,000 001-1910-514.31-11 LITIGATION FEES &COSTS 138,327 30,000 36,186 48,146 (6,186) (18,146) 21,000 51,000 001-1910-514.31-12 LEGAL -LABOR CONTINGENCY 51,707 40,000 55,626 116,057 (15,626) (76,057) 80,000 120,000 001-1910-514.31-16 RISK LITIGATION MGMT DEF - - 784 1,143 (784) (1,143) 1,500 1,500 001-1910-514.46-91 SOFTWARE MAINTENANCE - 94,400 18,145 27,745 76,255 66,655 (53,000) 41,400 001-1910-514.49-16 COURT COSTS - - 480 480 (480) (480) 500 500 001-1910-514.52-20 OPR EQUIPMENT <$1000 - 1,099 1,098 1,469 1 (370) 500 1,599 001-1910-514.52-85 FOOD SUPPLIES - - - 380 0 (380) 500 500 * CITY ATTORNEY 730,059 1,076,647 625,884 838,163 450,763 1 238,4841 65,0001 1,141,647 001-2110-521.15-10 CLOTHING/CLEANING ALLOW 20,400 7,830 15,610 16,360 (7,780) (8,530) 9,000 16,830 001-2110-521.22-40 DEF COMP CONTRIBUTION - - 1,250 1,250 (1,250) (1,250) 2,500 2,500 001-2110-521.23-34 HSA 157,438 86,000 148,250 148,250 (62,250) (62,250) 65,000 151,000 001-2110-521.31-11 LEGAL FEES & COSTS 115,311 - 248 248 (248) (248) 500 500 001-2110-521.49-13 RECRUITING EXPENSE 10,000 30,000 9,500 10,000 20,500 20,000 (5,000) 25,000 001-2110-521.49-17 OTHER CONTRACTUAL SRVS 137,611 151,750 18,523 49,966 133,227 101,784 (15,000) 136,750 001-2110-521.52-50 RANGE SUPPLIES 14,973 54,450 30,581 41,035 23,869 13,415 (5,000) 49,450 001-2110-521.52-51 LAW ENFORCEMENT SUPPLIES 38,997 104,579 15,225 35,681 89,354 68,898 (25,000) 79,579 001-2110-521.52-53 K-9 UNIT SUPPLIES 19,245 48,100 7,178 31,789 40,922 16,311 (10,000) 38,100 001-2110-521.64-02 GENERAL EQUIPMENT 11,037 74,000 22,158 35,859 51,842 38,141 (17,000) 57,000 * UNIFORM SERVICES 20,287,237 21,549,871 13,494,258 15,965,1081 8,055,613 1 5,584,763 1 01 21,549,871 001-2111-521.12-10 REGULAR SALARIES/WAGES 1,303,003 2,091,624 975,560 1,303,962 1,116,064 787,662 (26,000) 2,065,624 001-2111-521.12-20 HOLIDAY PAY 54,708 90,151 101,593 101,593 (11,442) (11,442) 15,000 105,151 001-2111-521.14-10 OVERTIME 62,226 100,000 106,196 129,721 (6,196) (29,721) 35,000 135,000 001-2111-521.23-30 HEALTH INSURANCE 118,769 182,829 87,019 117,397 95,810 65,432 (5,000) 177,829 001-2111-521.23-34 HSA 14,000 15,750 19,750 19,750 (4,000) (4,000) 5,000 20,750 001-2111-521.49-13 RECRUITING EXPENSE 22,675 25,000 344 344 24,656 24,656 (15,000) 10,000 001-2111-521.52-22 UNIFORMS 4,854 4,000 1,788 4,371 2,212 (371) 1,000 5,000 001-2111-521.54-35 COLLEGE TUITION REIMB. 10,730 45,000 4,709 5,439 40,291 39,561 (10,000) 35,000 * OFFICE OF THE CHIEF 5,725,081 7,002,058 4,005,470 5,300,038 2,996,588 1 1,702,020 0 7,002,058 001-2112-521.12-10 REGULAR SALARIES/WAGES 7,254,370 7,243,490 3,679,878 4,897,041 3,563,612 2,346,449 (10,000) 7,233,490 001-2112-521.12-20 HOLIDAY PAY 294,227 237,572 278,140 278,140 (40,568) (40,568) 42,000 279,572 001-2112-521.14-10 OVERTIME 1,349,385 1,170,000 629,423 828,652 540,577 341,348 (22,000) 1,148,000 001-2112-521.23-30 HEALTH INSURANCE 705,391 799,001 414,036 548,913 384,965 250,088 (26,000) 773,001 001-2112-521.23-34 HSA 68,500 45,000 70,500 70,750 (25,500) (25,750) 26,000 71,000 001-2112-521.51-10 OFFICE SUPPLIES 41,431 33,215 21,375 30,221 11,840 2,994 (750) 32,465 001-2112-521.52-01 SUPPLIES - 200 - 751 200 (551) 750 950 001-2112-521.52-50 RANGE SUPPLIES 96,483 97,500 28,616 49,757 68,884 47,743 (8,000) 89,500 001-2112-521.64-15 COMPUTER EQUIPMENT 52,882 56,663 22,435 39,375 34,228 17,288 (2,000) 54,663 * SUPPORT SERVICES 17,464,932 15,567,485 9,580,143 12,115,2291 5,987,342 1 3,452,256 1 01 15,567,485 001-2210-522.14-20 REIMBURSABLE WAGES 5,673 - 6,497 7,297 (6,497) (7,297) 8,000 8,000 001-2210-522.15-12 CELLPHONE ALLOWANCE 4,676 2,400 2,478 3,234 (78) (834) 1,000 3,400 001-2210-522.21-10 EMPLOYER FICA 1,390,448 1,126,000 681,787 892,096 444,213 233,904 (31,500) 1,094,500 001-2210-522.22-31 FIREFIGHTERS'SUPPL INS 287,790 414,764 441,973 441,973 (27,209) (27,209) 28,000 442,764 001-2210-522.22-40 DEF COMP CONTRIBUTION - - 3,750 5,000 (3,750) (5,000) 5,000 5,000 001-2210-522.23-30 HEALTH INSURANCE 261,790 1,744,220 910,408 1,210,964 833,812 533,256 (72,000) 1,672,220 001-2210-522.23-34 HSA 159,187 87,706 158,983 160,233 (71,277) (72,527) 72,000 159,706 001-2210-522.31-90 OTHER PROFESSIONAL SRVS 23,008 44,600 55,418 73,010 (10,818) (28,410) 29,000 73,600 001-2210-522.46-91 SOFTWARE MAINTENANCE 93,075 108,143 79,423 91,882 28,720 16,261 1,000 109,143 001-2210-522.49-14 CREDIT CARD FEES 389 - 135 180 (135) (180) 200 200 001-2210-522.52-10 FUEL OIL -VEHICLES - - 38 38 (38) (38) 50 50 001-2210-522.52-23 SAFETY CLOTHING/EQUIP. 202,607 243,463 84,609 149,109 158,854 94,354 (5,050) 238,413 001-2210-522.52-66 MEDICAL SUPPLIES 344,074 300,000 135,975 187,389 164,025 112,611 (5,450) 294,550 001-2210-522.54-30 TRAINING 65,570 126,500 28,379 55,547 98,121 70,953 (20,250) 106,250 001-2210-522.62-01 BUILDING IMPROVEMENTS - 10,000 - - 10,000 10,000 (10,000) - * FIRE 32,482,291 31,977,908 20,003,459 24,646,347 11,974,449 7,331,561 0 31,977,908 001-2220-525.52-20 OPREQUIPMENT<$1000 - 2,600 2,399 3,009 201 (409) 500 3,100 001-2220-525.64-20 COMMUNICATION EQUIP. - 2,000 - - 2,000 2,000 (500) 1,500 * EMERGENCY MANGEMENT 20,674 30,425 2,652 24,823 27,773 5,602 0 30,425 001-2410-524.12-10 REGULAR SALARIES/WAGES 273,864 287,881 111,462 145,956 176,419 141,925 (1,600) 286,281 001-2410-524.14-10 OVERTIME 20,414 5,000 5,534 5,798 (534) (798) 1,000 6,000 001-2410-524.15-13 SHOE ALLOWANCE 150 150 200 200 (50) (50) 100 250 001-2410-524.15-20 CAR ALLOWANCE 759 587 459 612 128 (25) 50 637 001-2410-524.21-10 EMPLOYER FICA 21,948 16,105 8,474 11,096 7,631 5,009 (3,000) 13,105 001-2410-524.22-40 DEF COMP CONTRIBUTION 5,443 5,000 4,583 5,833 417 (833) 1,000 6,000 001-2410-524.23-10 LIFE INSURANCE 296 100 180 203 (80) (103) 150 250 001-2410-524.23-20 DISABILITY INSURANCE 4,716 2,092 4,870 5,270 (2,778) (3,178) 3,300 5,392 001-2410-524.23-30 HEALTH INSURANCE 27,967 32,044 19,897 27,196 12,147 4,848 (700) 31,344 001-2410-524.46-30 VEHICLE MAINT-GARAGE - - 1,446 1,446 (1,446) (1,446) 1,500 1,500 001-2410-524.49-17 OTHER CONTRACTUAL SRVS 6,582 13,660 1,715 4,999 11,945 8,661 (2,600) 11,060 001-2410-524.54-30 TRAINING 4,151 4,300 1,114 5,011 3,186 (711) 800 5,100 * DEVELOPMENT 417,053 431,797 195,422 266,490 236,375 165,307 01 431,797 * BUILDING 4,573 0 0 01 01 01 0 - 001-2412-524.23-30 HEALTH INSURANCE 97,296 123,095 54,281 70,713 68,814 52,382 (1,250) 121,845 001-2412-524.54-30 TRAINING 3,645 3,500 3,140 4,548 360 (1,048) 1,250 4,750 * COMMUNITY STANDARDS 1,456,082 1,461,604 731,115 973,873 730489 487,731 01 1,461,604 001-2413-524.23-30 HEALTH INSURANCE 51,283 39,078 14,802 20,723 24,276 18,355 (350) 38,728 S:\Finance\Budget Amend ments and Transfers\FY2023-24\Current Year Am endment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 ARe4ting)GeneraI Fund Sum ma rt' -ExhA 296'4/2024 S:\Finance\Budget Amend ments and Transfers\FY2023-24\Current Year Am endment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2028 ARe4ting)GeneraI Fund Sum mary-ExhA 297'4/2024 2022/23 2023/24 2023/24 2023/24 2023/24 ap11INC 6/3/2024 6/3/2024 PY ACTUAL CURRENT Y -T -D Y -T -D w ENCUMB. Available AVAII 11 All ll -II.. DEPARTMENT CITY MGR YE EXPENSE/REVENUE BUDGET ACTUAL ACTUAL REVENUE Budget BUDGET BUDGETIFRANSFERS AMENDED BUDGET 001-2413-524.23-34 HSA 4,313 2,700 2,875 2,875 (175) (175) 350 3,050 * ENGINEERING 802,272 594,648 378,369 510,894F---216,2791 83,754 01 594,648 001-2414-515.23-20 DISABILITY INSURANCE 6,841 3,722 4,085 4,390 (363) (668) 700 4,422 001-2414-515.46-91 SOFTWARE MAINTENANCE 8,021 32,000 29,817 29,817 2,183 2,183 (25) 31,975 001-2414-515.47-10 PRINTING & BINDING 286 800 140 274 660 526 50 850 001-2414-515.52-20 OPR EQUIPMENT <$1000 - 700 1,266 599 (566) 101 700 1,400 001-2414-515.54-30 TRAINING 9,325 7,800 2,590 2,620 5,210 5,180 (1,025) 6,775 001-2414-515.64-15 COMPUTER EQUIPMENT - 3,751 2,871 2,871 880 880 (400) 3,351 * PLANNING & ZONING 849,425 1,084,945 500,321 768,2411 584,6241 316,7041 01 1,084,945 * ECONOMIC DEVELOPMENT 307,285 546,198 254,850 367,4511 291,3481 178,747 1 01 546,198 001-2510-539.12-10 REGULAR SALARIES/WAGES 158,130 123,271 89,951 192,809 33,320 (69,538) 90,000 213,271 001-2510-539.14-10 OVERTIME - - 21 21 (21) (21) 50 50 001-2510-539.15-12 CELL PHONE ALLOWANCE - - - 98 0 (98) 200 200 001-2510-539.15-20 CAR ALLOWANCE - - - 442 0 (442) 500 500 001-2510-539.21-10 EMPLOYER FICA 12,189 12,019 6,892 14,108 5,127 (2,089) 2,500 14,519 001-2510-539.22-40 DEF COMP CONTRIBUTION - - 3,750 3,750 (3,750) (3,750) 4,000 4,000 001-2510-539.23-10 LIFE INSURANCE 65 75 69 85 6 (10) 50 125 001-2510-539.23-20 DISABILITY INSURANCE 1,413 582 751 947 (169) (365) 400 982 001-2510-539.23-34 HSA 1,263 350 525 525 (175) (175) 350 700 001-2510-539.44-31 COPY MACHINE RENTAL - 775 - - 775 775 (550) 225 001-2510-539.51-10 OFFICE SUPPLIES 777 2,735 475 1,165 2,260 1,570 (1,000) 1,735 * PUBLIC WORKS 210,133 180,559 130,939 248,4411 49,620 (67,882)1 96,5001 277,059 001-2511-519.12-10 REGULAR SALARIES/WAGES 540,651 715,596 359,651 472,894 355,945 242,702 (28,500) 687,096 001-2511-519.12-20 HOLIDAY PAY 142 - 107 107 (107) (107) 200 200 001-2511-519.15-12 CELL PHONE ALLOWANCE 468 1,062 880 1,130 182 (68) 100 1,162 001-2511-519.15-13 SHOE ALLOWANCE 963 1,350 1,400 1,400 (50) (50) 100 1,450 001-2511-519.23-30 HEALTH INSURANCE 79,206 97,695 50,780 67,460 46,915 30,235 (1,800) 95,895 001-2511-519.23-34 HSA 7,750 5,500 6,563 6,563 (1,063) (1,063) 1,500 7,000 001-2511-519.43-20 WATER/SEWER SERVICE 4,863 3,100 2,552 3,421 548 (321) 500 3,600 001-2511-519.46-10 BUILDING REPAIRS 58,211 60,000 17,036 55,102 42,964 4,898 (7,000) 53,000 001-2511-519.46-25 MECHANICAL REPAIRS 164,805 170,300 124,944 176,619 45,356 (6,319) 7,000 177,300 * FACILITIES MANAGEMENT 2,278,705 2,666,765 1,174,799 2,317,644F--1-7491,966] 349,121 (27,900) 2,638,865 001-2512-541.12-10 REGULAR SALARIES/WAGES 381,420 504,468 257,113 320,149 247,355 184,319 (24,600) 479,868 001-2512-541.23-30 HEALTH INSURANCE 52,555 68,386 29,730 37,839 38,656 30,547 (1,800) 66,586 001-2512-541.23-34 HSA 4,250 2,000 3,500 3,500 ('1,500) (1,500) 1,800 3,800 001-2512-541.43-20 WATER/SEWER SERVICE 5,366 1,200 3,927 5,355 (2,727) (4,155) 4,500 5,700 001-2512-541.53-10 ST. REPAIR & MAINT. SUPPL 27,787 28,800 10,649 8,873 18,151 19,927 (1,500) 27,300 001-2512-541.53-11 TRAFFIC/STREET SIGNS 28,502 32,000 8,948 16,237 23,052 15,763 (3,000) 29,000 * STREETS MAINTENANCE 1,674,158 1,697,235 904,200 1,343,449 793,035 353,786 (24,600) 1,672,635 001-2517-545.12-10 REGULAR SALARIES/WAGES 78,393 265,246 174,496 233,299 90,750 31,947 0 265,246 001-2517-545.14-10 OVERTIME 5,253 5,500 22,807 29,929 (17,307) (24,429) 24,500 30,000 001-2517-545.15-20 CAR ALLOWANCE - - 1,200 1,600 (1,200) (1,600) 1,700 1,700 001-2517-545.23-30 HEALTH INSURANCE 15,190 58,617 30,345 40,707 28,272 17,910 (3,000) 55,617 001-2517-545.23-34 HSA 1,706 3,000 5,750 5,750 (2,750) (2,750) 3,000 6,000 001-2517-545.43-10 ELECTRIC SERVICE 2,031 15,000 1,250 1,844 13,750 13,156 (5,000) 10,000 001-2517-545.46-30 VEHICLE MAINT-GARAGE 1,149 1,000 9,057 9,057 (8,057) (8,057) 10,000 11,000 001-2517-545.49-14 CREDIT CARD FEES 50,728 40,000 9,791 23,608 30,209 16,392 (10,000) 30,000 001-2517-545.49-17 OTHER CONTRACTUAL SRVS 22,818 198,063 3,213 4,412 194,850 193,651 (21,200) 176,863 * PARKING SERVICES 274,150 791,065 392,143 538,4421 398,922 1 252,623 1 0 791,065 001-2610-571.12-10 REGULAR SALARIES/WAGES 1,494,942 1,617,347 743,940 980,016 873,407 637,331 (7,000) 1,610,347 001-2610-571.15-12 CELL PHONE ALLOWANCE 1,789 2,016 2,790 3,720 (774) (1,704) 2,500 4,516 001-2610-571.15-20 CAR ALLOWANCE - - 5,400 7,200 (5,400) (7,200) 7,500 7,500 001-2610-571.23-30 HEALTH INSURANCE 196,479 214,928 92,565 123,667 122,363 91,261 (3,000) 211,928 001-2610-571.23-34 HSA 18,188 10,500 13,000 13,250 (2,500) (2,750) 3,000 13,500 001-2610-571.41-15 CELLULAR PHONE/BEEPER 1,034 240 490 506 (250) (266) 500 740 001-2610-571.49-17 OTHER CONTRACTUAL SRVS 45,098 45,980 6,042 6,200 39,938 39,780 (3,500) 42,480 * LIBRARY 2,479,984 2,690,532 1,388,365 1,781,678F--1,302,1671 908,854 0 2,690,532 001-2612-571.46-20 EQUIPMENT MAINTENANCE 2,288 15,000 - 3,400 15,000 11,600 (500) 14,500 001-2612-571.49-17 OTHER CONTRACTUAL SRVS 703 - - 434 0 (434) 500 500 * SCHOOLHOUSE MUSEUM 227,804 265,604 115,051 218,938 150,553 T 46,6661 01 265,604 001-2710-572.12-10 REGULAR SALARIES/WAGES 2,190,425 2,124,602 999,204 1,266,736 1,125,398 857,866 (13,000) 2,111,602 001-2710-572.14-10 OVERTIME 50,299 6,000 16,603 21,535 (10,603) (15,535) 18,000 24,000 001-2710-572.15-12 CELL PHONE ALLOWANCE 1,790 1,608 2,755 3,565 (1,147) (1,957) 2,000 3,608 001-2710-572.15-20 CAR ALLOWANCE 7,200 7,200 6,350 7,550 850 (350) 500 7,700 001-2710-572.23-10 LIFE INSURANCE 1,002 468 521 604 (53) (136) 200 668 001-2710-572.23-20 DISABILITY INSURANCE 11,704 8,994 4,522 5,835 4,472 3,159 (100) 8,894 001-2710-572.23-30 HEALTH INSURANCE 274,649 233,300 126,749 164,844 106,551 68,456 (7,000) 226,300 001-2710-572.23-34 HSA 25,012 12,000 18,750 18,750 (6,750) (6,750) 7,000 19,000 001-2710-572.44-31 COPY MACHINE RENTAL 7,211 5,100 1,825 5,600 3,275 (500) 1,000 6,100 001-2710-572.52-20 OPR EQUIPMENT <$1000 20,696 28,505 8,573 10,160 19,932 18,345 (5,000) 23,505 001-2710-572.62-01 BUILDING IMPROVEMENTS 9,131 15,000 - - 15,000 15,000 (3,600) 11,400 * RECREATION 3,936,073 3,591,207 1,849,025 2,397,1611 1,742,182 1 1,194,0461 01 3,591,207 * WOMEN'S CLUB 0 68,500 1,231 9,9861 67,2691 58,514 1 01 68,500 001-2715-573.12-10 REGULAR SALARIES/WAGES 3,401 467,350 185,044 251,216 282,306 216,134 (9,000) 458,350 001-2715-573.14-20 REIMBURSABLE WAGES - - 2,338 3,741 (2,338) (3,741) 4,000 4,000 001-2715-573.15-20 CAR ALLOWANCE - - 3,300 4,400 (3,300) (4,400) 5,000 5,000 001-2715-573.43-10 ELECTRIC SERVICE - 60,000 - 4,391 60,000 55,609 (21,000) 39,000 001-2715-573.43-21 DISTRICT ENERGY PLANT - 30,000 43,187 50,261 (13,187) (20,261) 21,000 51,000 * ARTS & CULTURAL CENTER 3,657 1,023,911 319,295 433,6061 704,616 1 590,305 1 01 1,023,911 001-2730-572.12-10 REGULAR SALARIES/WAGES 973,045 1,033,529 539,720 708,988 493,809 324,541 (10,500) 1,023,029 001-2730-572.14-10 OVERTIME 18,323 18,524 18,488 28,328 36 (9,804) 10,000 28,524 S:\Finance\Budget Amend ments and Transfers\FY2023-24\Current Year Am endment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2028 ARe4ting)GeneraI Fund Sum mary-ExhA 297'4/2024 001-2730-572.15-12 CELL PHONE ALLOWANCE 001-2730-572.23-30 HEALTH INSURANCE 001-2730-572.23-34 HSA 001-2730-572.49-17 OTHER CONTRACTUAL SRVS * PARKS & GROUNDS * PARKS MAINT * RESERVES 001-5001-590.49-17 OTHER CONTRACTUAL SRVS * CRA REIMBURSABLE 2022/23 2023/24 2023/24 PY ACTUAL CURRENT Y -T -D EXPENSE/REVENUE BUDGET ACTUAL - - 280 170,669 223,767 92,083 16,500 9,500 16,063 1,482,256 1,620,600 699,924 4,381,353 4,726,372 2,316,250 3,446 0 1,207 (156,074) - (520,689) -156,074 0 -520,689 2023/24 2023/24 ap11INC 6/3/2024 6/3/2024 Y -T -D w ENCUMB. Available AVAII II.AII II -II.. DEPARTMENT CITY MGR YE ACTUAL/REVENUE Budget BUDGET BUDGETIFRANSFERS AMENDED BUDGET 280 (280) (280) 500 500 120,500 131,684 103,267 (7,000) 216,767 16,563 (6,563) (7,063) 7,000 16,500 1,407,404 920,676 213,196 (10,500) 1,610,100 3,717,625 2,410,122 1,008,747 (10,500) 4,715,872 01 01 0 1 - 1,543 (1,207) (1,543) 0 1- (519,461) 520,689 519,461 -519,461 F 520,689 519,461 0 1- 114,874,7391 118,976,4021 67,187,8091 87,714,4661 51,788,593 31,261,936 0 118,976,402 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Am end ment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 ARe4ting)GeneraI Fund Summary - Exh A 298'4/2024 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS FISCAL YEAR 2023 - 2024 Community Improvement Fund 122-2418-554.14-10 OVERTIME 122-2418-554.15-12 CELL PHONE ALLOWANCE 122-2418-554.15-20 CAR ALLOWANCE 122-2418-554.23-30 HEALTH INSURANCE 122-2418-554.46-30 VEHICLE MAINT-GARAGE 122-2418-554.52-22 UNIFORMS 122-2418-554.99-03 RSV. FOR FUTURE APPROP. Adopted Fund Total Expenses Exhibit B 2023/24 CITY MANAGER/COMMISSION 2023/24 CURRENT Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET 0 100 100 0 600 600 0 1,700 1,700 20,516 (600) 19,916 2,000 2,100 4,100 200 400 600 4,422 -4,300 122 259,978 0 259,978 Green Building Fund 131-0000-389.91-00 FUND BALANCE APPROPRIATED -22,000 31,000 0 9,000 Adopted Fund Total Revenues 71,000 31,000 102,000 131-2419-559.49-62 HSG PROG/HOME IMPV 20,000 31,000 51,000 Adopted Fund Total Expenses 71,000 31,000 102,000 Public Arts Fund 151-2611-579.49-17 OTHER CONTRACTUAL SRVS 151-2611-579.49-14 CREDIT CARD FEES Adopted Fund Total Expenses 83,500 (30) 83,470 0 30 30 564,478 0 564,478 Recreation Programs Fund 172-2712-572.14-10 OVERTIME 0 20 20 172-2712-572.14-20 REIMBURSABLE WAGES 0 700 700 172-2712-572.52-40 PROGRAM FEES/SUPPLIES 61,500 (720) 60,780 Adopted Fund Total Expenses 600,264 0 600,264 Debt Service Fund 207-3011-517.71-01 PRINCIPAL PAYMENT 207-3011-517.72-01 DEBT INTEREST EXPENSE Adopted Fund Total Expenses 2,170,000 45,000 2,215,000 245,894 (45,000) 200,894 12,042,390 0 12,042,390 General Govt Capital Fund 302-4101-519.32-10 AUDIT FEE 3,491 1,600 5,091 302-4101-580.31-90 OTHER PROFESSIONAL SRVS 70,000 (1,600) 68,400 Adopted Fund Total Expenses 9,565,065 0 9,565,065 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 Meeting)GF & OFs Reso Amend - Exh B 299 CITY OF BOYNTON BEACH Exhibit B EXPENDITURE & REVENUE AMENDMENTS FISCAL YEAR 2023 - 2024 2023/24 CITY MANAGER/COMMISSION 2023/24 CURRENT Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Utility Fund 401-2810-536.12-10 REGULAR SALARIES/WAGES 822,324 (46,000) 776,324 401-2810-536.14-10 OVERTIME 30,000 65,000 95,000 401-2810-536.23-30 HEALTH INSURANCE 136,772 (14,000) 122,772 401-2810-536.46-47 WATER MAIN MAINTENANCE 100,000 (5,000) 95,000 401-2811-536.14-10 OVERTIME 120,000 4,000 124,000 401-2811-536.15-12 CELL PHONE ALLOWANCE 1,512 200 1,712 401-2811-536.15-13 SHOE ALLOWANCE 3,900 1,000 4,900 401-2811-536.46-40 WATER TANK/TOWER R&M 338,910 (5,200) 333,710 401-2811-536.52-75 EQUIP PARTS/SUPPLIES 227,719 4,000 231,719 401-2811-536.64-02 GENERAL EQUIPMENT 10,000 (4,000) 6,000 401-2814-536.14-10 OVERTIME 6,000 500 6,500 401-2814-536.15-13 SHOE ALLOWANCE 1,050 400 1,450 401-2814-536.21-10 EMPLOYER FICA 51,180 (1,400) 49,780 401-2814-536.23-30 HEALTH INSURANCE 117,233 (2,500) 114,733 401-2814-536.43-20 WATER/SEWER SERVICE 2,000 1,000 3,000 401-2814-536.49-17 OTHER CONTRACTUAL SRVS 12,000 3,500 15,500 401-2814-536.52-20 OPR EQUIPMENT <$1000 3,500 1,800 5,300 401-2814-536.52-30 WATER METER SUPPLIES 198,580 (3,300) 195,280 401-2815-536.12-20 HOLIDAY PAY 1,000 1,000 2,000 401-2815-536.14-10 OVERTIME 40,000 35,000 75,000 401-2815-536.23-30 HEALTH INSURANCE 156,311 (22,000) 134,311 401-2815-536.49-17 OTHER CONTRACTUAL SRVS 144,000 (14,000) 130,000 401-2815-536.52-75 EQUIP PARTS/SUPPLIES 10,000 3,500 13,500 401-2815-536.54-30 TRAINING 10,600 (3,500) 7,100 401-2816-536.14-10 OVERTIME 45,000 30,000 75,000 401-2816-536.15-13 SHOE ALLOWANCE 1,800 300 2,100 401-2816-536.23-30 HEALTH INSURANCE 146,542 (9,300) 137,242 401-2816-536.46-10 BUILDING REPAIRS 15,000 (10,000) 5,000 401-2816-536.46-30 VEHICLE MAINT-GARAGE 82,000 45,000 127,000 401-2816-536.46-51 LIFT STATION REPAIRS 100,000 (20,000) 80,000 401-2816-536.46-98 GROUNDS MAINTENANCE 100,000 (25,000) 75,000 401-2816-536.52-27 HARDWARE/TOOLS 4,000 250 4,250 401-2816-536.52-35 PROCESS CHEMICALS 0 0 0 401-2816-536.52-75 EQUIP PARTS/SUPPLIES 298,000 (11,000) 287,000 401-2816-536.54-30 TRAINING 4,000 (250) 3,750 401-2819-536.21-10 EMPLOYER FICA 27,949 (50) 27,899 401-2819-536.23-10 LIFE INSURANCE 168 50 218 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 Meeting)GF & OFs Reso Amend - Exh B 300 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS FISCAL YEAR 2023 - 2024 Exhibit B 401-3011-517.71-01 PRINCIPAL PAYMENT 401-3011-517.72-01 DEBT INTEREST EXPENSE Adopted Fund Total Expenses Utility General CIP Fund 403-5000-533.49-17 OTHER CONTRACTUAL SRVS 403-5000-533.65-02 R&R - WATER 6,240,000 1,386,940 60,380,704 (15,000) 6,225,000 15,000 1,401,940 0 60,380,704 354,436 27,000 381,436 28,651,207 (27,000) 28,624,207 Adopted Fund Total Expenses 52,369,699 0 52,369,699 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 Meeting)GF & OFs Reso Amend - Exh B 301 2023/24 CITY MANAGER/COMMISSION 2023/24 CURRENT Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET 401-2821-536.12-20 HOLIDAY PAY 0 150 150 401-2821-536.14-10 OVERTIME 3,250 7,000 10,250 401-2821-536.15-12 CELL PHONE ALLOWANCE 4,296 1,000 5,296 401-2821-536.22-40 DEF COMP CONTRIBUTION 0 7,000 7,000 401-2821-536.34-40 TEMPORARY SERVICES 50,000 (15,950) 34,050 401-2821-536.52-20 OPR EQUIPMENT <$1000 7,500 6,500 14,000 401-2821-536.99-03 RSV. FOR FUTURE APPROP. 567,593 (5,700) 561,893 401-2823-536.12-20 HOLIDAY PAY 0 1,200 1,200 401-2823-536.14-10 OVERTIME 20,000 25,000 45,000 401-2823-536.15-13 SHOE ALLOWANCE 1,050 300 1,350 401-2823-536.31-90 OTHER PROFESSIONAL SRVS 100,000 (22,500) 77,500 401-2823-536.46-30 VEHICLE MAINT-GARAGE 12,000 4,000 16,000 401-2823-536.46-91 SOFTWARE MAINTENANCE 32,000 (7,400) 24,600 401-2823-536.52-75 EQUIP PARTS/SUPPLIES 500 400 900 401-2823-536.64-02 GENERAL EQUIPMENT 5,000 (1,000) 4,000 401-2824-536.12-10 REGULAR SALARIES/WAGES 590,440 (10,000) 580,440 401-2824-536.14-10 OVERTIME 5,000 110,000 115,000 401-2824-536.15-13 SHOE ALLOWANCE 1,050 750 1,800 401-2824-536.23-30 HEALTH INSURANCE 87,925 (9,000) 78,925 401-2824-536.43-20 WATER/SEWER SERVICE 5,000 2,400 7,400 401-2824-536.46-44 STORM DRAIN REPAIRS 72,963 (50,000) 22,963 401-2824-536.46-98 GROUNDS MAINTENANCE 120,000 (23,800) 96,200 401-2824-536.49-17 OTHER CONTRACTUAL SRVS 243,000 (21,950) 221,050 401-2824-536.52-33 STORM DRAIN SUPPLIES 70,037 600 70,637 401-2824-536.53-11 TRAFFIC/STREET SIGNS 1,500 1,000 2,500 401-2825-536.15-12 CELL PHONE ALLOWANCE 0 500 500 401-2825-536.34-40 TEMPORARY SERVICES 20,000 (2,700) 17,300 401-2825-536.41-12 POSTAGE 0 2,200 2,200 401-3011-517.71-01 PRINCIPAL PAYMENT 401-3011-517.72-01 DEBT INTEREST EXPENSE Adopted Fund Total Expenses Utility General CIP Fund 403-5000-533.49-17 OTHER CONTRACTUAL SRVS 403-5000-533.65-02 R&R - WATER 6,240,000 1,386,940 60,380,704 (15,000) 6,225,000 15,000 1,401,940 0 60,380,704 354,436 27,000 381,436 28,651,207 (27,000) 28,624,207 Adopted Fund Total Expenses 52,369,699 0 52,369,699 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 Meeting)GF & OFs Reso Amend - Exh B 301 CITY OF BOYNTON BEACH Exhibit B EXPENDITURE & REVENUE AMENDMENTS FISCAL YEAR 2023 - 2024 411-2911-572.14-10 -15,000 2023/24 CITY MANAGER/COMMISSION 2023/24 1,000 7,000 CURRENT Budget Adjustment AMENDED 431-2515-534.15-13 SHOE ALLOWANCE BUDGET Revenue Expenditures BUDGET Golf Fund 411-2911-572.15-20 3,600 1,000 4,600 411-2910-572.14-20 REIMBURSABLE WAGES 2,000 0 2,000 411-2910-572.15-12 CELL PHONE ALLOWANCE 76 500 576 411-2910-572.15-20 CAR ALLOWANCE 0 3,500 3,500 411-2910-572.23-11 LIFE INSURANCE -RETIREES 0 50 50 411-2910-572.23-30 HEALTH INSURANCE 50,313 6,500 56,813 411-2910-572.23-34 HSA 5,000 75 5,075 411-2910-572.91-35 TRANSFER TO SANITATION 5,000 4,000 9,000 411-2910-572.99-03 RSV. FOR FUTURE APPROP. 313,147 (14,625) 298,522 411-2911-572.14-10 -15,000 65,000 44,000 OVERTIME 1,000 7,000 8,000 411-2911-572.15-13 1,004 431-2515-534.15-13 SHOE ALLOWANCE SHOE ALLOWANCE 750 200 950 411-2911-572.15-20 3,600 1,000 4,600 CAR ALLOWANCE 0 1,700 1,700 411-2911-572.23-20 431-2515-534.99-03 RSV. FOR FUTURE APPROP. 139,316 DISABILITY INSURANCE 2,267 3,000 5,267 411-2911-572.52-19 FERTILIZER 135,500 (3,500) 132,000 411-2911-572.52-21 CHEMICALS 101,800 (5,200) 96,600 411-2911-572.52-75 EQUIP. PARTS/SUPPLIES 20,000 3,000 23,000 411-2911-572.63-01 GOLF COURSE IMPROVEMENTS 15,000 (10,000) 5,000 411-2911-572.91-35 TRANSFER TO SANITATION 5,000 3,800 8,800 Adopted Fund Total Expenses 2,772,343 0 2,772,343 Solid Waste Fund -15,000 65,000 44,000 -10,500 431-2515-534.15-12 CELL PHONE ALLOWANCE 504 500 1,004 431-2515-534.15-13 SHOE ALLOWANCE 7,050 450 7,500 431-2515-534.15-20 CAR ALLOWANCE 3,600 1,000 4,600 431-2515-534.49-17 OTHER CONTRACTUAL SRVS 327,850 1,200 329,050 431-2515-534.99-03 RSV. FOR FUTURE APPROP. 139,316 -3,150 136,166 Adopted Fund Total Expenses 15,286,355 Fleet Fund 501-2516-519.14-10 OVERTIME 501-2516-519.15-11 TOOL ALLOWANCE 501-2516-519.15-13 SHOE ALLOWANCE 501-2516-519.52-10 FUEL OIL -VEHICLES 501-2516-519.52-12 TIRES & TUBES 501-2516-519.52-13 AUTO PARTS & SUPPLIES 501-2516-519.52-21 CHEMICALS 501-2516-519.64-32 AUTO ACCESSORIES Adopted Fund Total Expenses 0 15,286,355 80,000 -15,000 65,000 44,000 -10,500 33,500 1,650 900 2,550 1,603,865 -500,000 1,103,865 215,000 -35,900 179,100 900,000 500,000 1,400,000 860 500 1,360 365,000 60,000 425,000 18,844,975 0 18,844,975 Materials & Distribution Fund 502-1412-513.15-12 CELL PHONE ALLOWANCE 480 100 580 502-1412-513.15-13 SHOE ALLOWANCE 300 200 500 502-1412-513.54-30 TRAINING 0 150 150 502-1412-513.99-02 NON -BUDGETED EXPENSE 0 300 300 502-1412-513.99-03 RSV. FOR FUTURE APPROP. 19,170 -750 18,420 Adopted Fund Total Expenses 565,273 0 565,273 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 Meeting)GF & OFs Reso Amend - Exh B 302 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS FISCAL YEAR 2023 - 2024 Risk Memt Fund 14,000 522-1710-519.31-21 CITY CLINIC 522-1710-519.31-90 OTHER PROFESSIONAL SRVS 522-1710-519.31-92 PROF SERVICES - WC 522-1710-519.45-04 LIABILITY INSURANCE PKG 522-1710-519.45-05 PROPERTY INSURANCE PKG 522-1710-519.45-15 LIABILITY INSURANCE MISC 522-1710-519.49-25 SELF INSURED LOSS - WC 522-1710-519.64-33 VEHICLE PURCHASES Adopted Fund Total Expenses Exhibit B 2023/24 CITY MANAGER/COMMISSION 2023/24 CURRENT Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET 780,000 14,000 794,000 70,000 3,000 73,000 310,000 -17,000 293,000 461,030 5,000 466,030 1,641,635 200 11641,835 73,750 25,000 98,750 1,100,000 -47,200 1,052,800 196,151 17,000 213,151 8,140,237 0 8,140,237 Boynton Beach Memorial Park Fund 631-3110-539.49-17 OTHER CONTRACTUAL SRVS 100,000 1,500 101,500 631-3110-539.52-21 CHEMICALS 600 300 900 631-3110-539.64-02 GENERAL EQUIPMENT 10,000 -3,900 6,100 631-3110-539.99-05 REFUND ON CEMETERY LOTS 0 2,100 2,100 Adopted Fund Total Expenses 432,895 - 432,895 Boynton Beach Mosauleum 632-3110-539.43-20 WATER/SEWER SERVICE 5,000 200 5,200 632-3110-539.49-17 OTHER CONTRACTUAL SRVS 133,000 -200 132,800 Adopted Fund Total Expenses 82,000 82,000 S:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2023-24 All Funds Department Budget Amendment, (May 21, 2024 Meeting)GF & OFs Reso Amend - Exh B 303 U Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-125- Approve the reduction of the Performance Bond No. 016237559, 9395633 to 5% of the original total cost estimate ($9,516,087) of the performance bond, for the completion of construction work and required public improvements in association with Publix Distribution Center Expansion, from the current amount of $10,467,695.70 (110% the total cost estimate) to $475,804.35. Requested Action: Staff recommends approval of Proposed Resolution No. R24-125. Explanation of Request: Per the City Code of Ordinances Article III. Sec. B., a 110% performance bond for the Land Development Permit was collected for the Publix Distribution Center, based on the cost estimate of the duly licensed professional in the State of Florida. The total cost estimate for the improvements was $9,516,087, and the 110% performance bond was $10,467,695.70. Pursuant to the above mentioned Code of Ordinances, from time to time during progress of the work the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to cover one hundred ten percent (110%) of the cost to complete the obligation. In the case of surety for required improvements associated with subdivision development, five percent (5%) of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material. The project is now completed and the Public Works Department Engineering Division requests approval to reduce the Performance Bond (No. 016237559, 9395633), in the amount of $10,467,695.70 to 5% performance bond in the amount of $475,804.35 for the completion of paving, grading, and drainage improvements in association with Publix Distribution Center. The aforementioned 5% maintenance bond in the amount of $475,804.35 will be retained for a period of one (1) year as the warranty against defect. How will this affect city programs or services? None Fiscal Impact: None Attachments: Bond Reduction Request Letter.pdf 304 Performance Bond.pdf R24-125 Agenda_Item_1650-2023_Resolution_for_performance_bond_reduction_- _Publix Distribution_Center (1).docx 305 0 Irm oil 1 4M May 16, 2024 Milot Emile, P.E. Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 RE: Bond Reduction Request Publix Distribution Center Expansion 5500 Park Ridge Blvd, Boynton Beach, FL 33426 Dear Milot, 1900 NW Corporate Boulevard, Suite 101 E Boca Raton, FL 33431 561.571.0280 Based solely upon the contents of the Engineering Certification Letter (dated April 22, 2024) for the site/civil improvements for the above -referenced Site, Bohler Engineering FL, LLC ("Bohler") is requesting that the construction bond be reduced to 5%. Should you have any questions or wish to discuss the above in further detail, please feel free to contact our office at your convenience. Sincerely, BOHLER ENGINEERING FL, LLC Mohamed Merouane EI Kaoussi, PE Bohler Engineering FL, LLC 1900 NW Corporate Boulevard, Suite 101 E Boca Raton, FL 33431 FL. Business Certification of Authorization No. 30780 www.BohlerEngineering.com 306 EXHIBIT "N-3" (LDR, Chap. 2, Art. III, Sec. 6.C.) PERFORMANCE BOND #016237559,9395633 KNOW ALL MEN BY THESE PRESENTS: That I and MutuaOO Insurance ComY ani mm/ Fidelis _ hereinafter call [][ ] PRINCIPAL,l And Delosit w Comlanyw..,of m......._. ...........- -- Maryland co -surety companies authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of Ten Million Four Hundred_Sixt:�y Seven Thousand w Six „Hundred Nine, Five and70/100 Sw Dollars ($1.0 467,695 70), lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as QUANTUM PARK at BOYNTON BEACH P.I.D. PLAT NO. 5 Lots 55, 56 and 57, and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapter 2, Article III, Section 2 C.2.c, and Chapter 4, Article VIII, Section 2 and 3 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as PUBLIX WAREHOUSE EXPANSION and such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain Land Development Permit hereinafter the PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its] [his] [her] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and effect. Page 1 of 4 pages 307 The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRINCIPAL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 27th day of Spltember, 2022. (CORPORATE SEAL) Batson -Cook Company , `` %%I II IIIIII.,,, " ATTEST: G°0k• Co Ifl. �ao�c`o�Vo►a�o.o� '+ a •. (typed name) (title ''• �91g (Impressionable�c�b2�� [a Florida corporation] [am.stag coy ,oration, licensed to do mess „ !-;"Iorida] BY- (typed name) — (title) a_._....... Page 2 of 4 pages 308 ADDRESS: „ ..................8,17 Fourth West Point -,GA 33426 w M FloridaSTATE OF COUNTY OF a BEFORE ME personally appeared , := <— p Y pp. w,-�.;..'. .............. who is personally known to me, or has produced as identification, and who executed [Vice] Batson-Cook,Comean .,.....__ , a corporation, the foregoinginstrument as Vice President of w„ Ba„ and severally acknowledged to and before me that [he] [she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. y day of Spp em� 2022._ WITNESS m hand and official seal this 27t My commission expires: f;- ..�_."'•° - .. „ Notary Public (signature) Scott H. Hudson NOTARY PUBLIC -STATE OF FLORIDA Cornrn* GG303100 Expires 51712023 (INDIVIDUAL PRINCIPAL) WITNESS: (SURETY SIGNATURE BLOCK) WITNESS: end Stahl e (Seal) IM ADDRESS: Liberiy Mutual Insurance C�mpan / Fidelity and De posit Co n�Iaanywof N14'' and ....-.«�............. .»..� BY: Elizabeth K. Sterling (typed name) its attorney-in-fact (power of attorney must be attached) Page 3 of 4 pages 309 ADDRESS: 175 Berkeley Street Boston., MA w021.16 STATE OF GA �� _ .......�_.......w_a......) COUNTY OF Fulton personal knowpersonally appeared n o me or has produced _ n/a� anb d den/a Sterling lwho is identification, and who executed the foregoing instrument, and acknowledged before me that she executed said instrument for the purpose expressed therein. WITNESS my hand and official seal this 27th— day of September, 2022 My commission expires: 01/21/2024 ...........-. Notary Phc Megan K. Douaire Page 4 of 4 pages 310 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, 11� Liberty Liberty Mutual Insurance Company ARu�u The Ohio Casualty Insurance Company Certificate No: 8207208-016072 .......1_....—_.�._. ............ West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bepi A. Stahl, Elizabeth in ,MDoua-r-re _ -..__-w _,... _,... �.-......._.........,.._..... ........., _ __ ..........._._w ............ the seal acknowledge and deliver, forand on Its behalf all of Atlanta state of w_ ._,_w w „ ...GA .,, _ _. each Individually if there be more than one named, its true an a ty ... execute, g elf as surety and as its act and deed any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of January , 2022 Liberty Mutual Insurance Company wsu tr INs %NS4 The Ohio Casualty Insurance Company JP oa�o�r,�1, yJP�oaPO UR9y �4P�oNPORarFyn West American Insurance Company g a� FoR� Q2 FoLU n p3 oR+ C6 o o B� m d 19H a o �h9M 9 a Q� H991 a� ._ .c v r38 >� Hyl MP ►�a o s� a y e.._ _..__....... _.._ _... m r v 3 s r s� r°°,rr C: David M. Carey, Assistant S Secretary C M State of PENNSYLVANIA ss r E rn County of MONTGOMERY "p -� 0 On this 31st day of Januaa � 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 2 - cu Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes' a 4) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > W IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. OU) O PA ' s CommoT._.._ .. ... AN , 0 �410N W` � nwealth of Pennsylvania Notary Seal '� ®®4�__ N erase Pastella Nolary Publicn�`� C E ej O +� c° i Y Montgomery County ` 0 N OF My commission expires March Zfi, 2025 By: /1,�-'^.......-..-...�-.._�,......._.__ 47 �.qCommission number 112fi044• Q O � � ', ��'a " "�YLV,�',�,� Member, Pennsylvania Association of Notaries erase Pastella, Notary Public NQ W J d C 00 a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 0 •S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ti 00 ARTICLE IV- OFFICERS: Section 12. Power of Attorney. -06 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the -a T President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety CCU — Coll M any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall c o L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o a) Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the _ a provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a hdi, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of September , 2022 . INS V <`l INSV INSpR" A -Z> ieoga�yC+ hJP�oapo�r�gy `rPooR oR9T�Zh = Foy Qa Forn o 1912 0 0 1919 1951 0 t� 0 doss sy D y0yNAMpSa��L �. �NOIAN/a� By , _ Re._.nee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 02/21 311 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Wesley P. WILLIAMS, Benjamin A. STAHL, Megan K. DOUAIRE, Elizabeth K. STERLING of Atlanta, Georgia, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 06th day of May, A.D. 2021. ` aA& ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President C! c°tit-"rl % 110a .. By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 06th day of May, A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. L��i�ni�rrn Z11 NN Constance A. Dunn, Notary Public �,a t My Commission Expires: July 9, 2023 ,��711,I YS1i�1` Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 312 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys, -in, -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 27th day of w SLtebe_, 2022 . 6 elm ZRA L Mndi 11, � —ZA-Z-21 9J 0 By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfcjaims i� richna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 313 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. R24-125 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF PERFORMANCE BOND NO. 016237559, 9395633 IN THE AMOUNT OF $10,467,695.70 TO 5% PERFORMANCE BOND IN THE AMOUNT OF $475,804.35 FOR THE COMPLETION OF PAVING, GRADING, AND DRAINAGE IMPROVEMENTS IN ASSOCIATION WITH PUBLIX DISTRIBUTION CENTER; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, per the City Code of Ordinances Article III. Sec. B., a 110% performance bond for the Land Development Permit was collected for the Publix Distribution Center, based on the cost estimate of the duly licensed professional in the State of Florida. The total cost estimate for the improvements was $9,516,087, and the 110% performance bond was $10,467,695.70; and WHEREAS, per above mentioned Code of Ordinances, from time to time during the progress of the work, the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case, the remaining funds shall be sufficient to cover one hundred ten percent (110°/x) of the cost to complete the obligation. In the case of surety for required improvements associated with subdivision development, five percent (5%) of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material; and WHEREAS, the project is now completed, and the Public Works Department Engineering Division requests approval to reduce the Performance Bond No. 016237559, 9395633 in the amount of $10,467,695.70 to 5% performance bond in the amount of $475,804.35 for the completion of paving, grading, and drainage improvements in association with Publix Distribution Center; and WHEREAS, the aforementioned 5% maintenance bond in the amount of $475,804.35 will be retained for a period of one (1) year as the warranty against defect; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve the reduction of Performance Bond No. 016237559, 9395633 in the amount of $10,467,695.70 to 5% performance bond in the 314 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 amount of $475,804.35 for the completion of paving, grading, and drainage improvements in association with Publix Distribution Center. 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. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve the reduction of Performance Bond No. 016237559, 9395633 in the amount of $10,467,695.70 to 5% performance bond in the amount of $475,804.35 for the completion of paving, grading, and drainage improvements in association with Publix Distribution Center. SECTION 3. This Resolution shall take effect in accordance with law. [signatures on following page] 315 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 84 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 316 M Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-126- Approve the reduction of the Performance Bond No. L256241 to 5% of the original total cost estimate ($314,376.65) of the performance bond for the completion of construction work and required public improvements in association with St. Andrews Club, from current amount $345,814.32, 110% of the original cost estimate, to $15,718.83. Requested Action: Staff recommends approval of Proposed Resolution No. R24-126. Explanation of Request: Pursuant to City Code of Ordinances Article III. Sec. B., a 110% performance bond for the Land Development Permit was collected for St. Andrews Club, based on the cost estimate of the duly licensed professional in the State of Florida. The total cost estimate for the improvements was $314,376.65, and the 110% performance bond was $345,814.32. Pursuant to the above mentioned Code of Ordinances, from time to time during progress of the work the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to cover one hundred ten percent (110%) of the cost to complete the obligation. In the case of surety for required improvements associated with subdivision development, five percent (5%) of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material. The project is now complete and the Public Works Department Engineering Division requests approval to reduce the Performance Bond (No. L256241), in the amount of $345,814.32 to 5% performance bond in the amount of $15,718.83 for the completion of paving, grading, and drainage improvements in association with St. Andrews Club The aforementioned 5% maintenance bond in the amount of $15,718.83 will be retained for a period of one (1) year as the warranty against defect. How will this affect city programs or services? N/A Fiscal Impact: N/A 317 Attachments: R24-126 Agenda_Item_1651-2023_Resolution_for_performance_bond_reduction_ _St._Andrews Cl u b. d o cx St.Andrews Club Bond Reduction Letter DS.pdf Performance Bond.pdf Revised Engineers opinion of cost DS-10-07-2022.pdf 318 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. R24-126 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF PERFORMANCE BOND NO. L256241 IN THE AMOUNT OF $345,814.32 TO 5% PERFORMANCE BOND IN THE AMOUNT OF $15,718.83 FOR THE COMPLETION OF PAVING, GRADING, AND DRAINAGE IMPROVEMENTS IN ASSOCIATION WITH ST. ANDREWS CLUB; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, per the City Code of Ordinances Article III. Sec. B., a 110% performance bond for the Land Development Permit was collected for St. Andrews Club, based on the cost estimate of the duly licensed professional in the State of Florida. The total cost estimate for the improvements was $314,376.65, and the 110% performance bond was $ 345,814.32; and WHEREAS, per the above-mentioned Code of Ordinances, from time to time during the progress of the work, the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case, the remaining funds shall be sufficient to cover one hundred ten percent (110°/x) of the cost to complete the obligation. In the case of surety for required improvements associated with subdivision development, five percent (5%) of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material; and WHEREAS, the project is now completed and the Public Works Department Engineering Division requests approval to reduce the Performance Bond No. L256241 in the amount of $345,814.32 to 5% performance bond in the amount of $15,718.83 for the completion of paving, grading, and drainage improvements in association with St. Andrews Club; and WHEREAS, the aforementioned 5% maintenance bond in the amount of $15,718.83 will be retained for a period of one (1) year as the warranty against defect; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve the reduction of Performance Bond No. L256241 in the amount of $345,814.32 to 5% performance bond in the amount of $15,718.83 for the completion of paving, grading, and drainage improvements in association with 319 33 St. Andrews Club. 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT: 36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption. 38 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve the reduction of Performance Bond No. L256241 in the amount of $345,814.32 to 5% 40 performance bond in the amount of $15,718.83 for the completion of paving, grading, and 41 drainage improvements in association with St. Andrews Club. 42 SECTION 3. This Resolution shall take effect in accordance with law. 43 PASSED AND ADOPTED this 18th day of June 2024. 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 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 320 May 15, 2024 Milot Emile, P.E. Interim City Engineer, Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Re: St. Andrews Club West Side Clubhouse Renovations / Additions 4475 N. Ocean Boulevard, Boynton Beach, FL 33483 The subject project is substantially complete and a letter of certification has been previously provided. As instructed by your office, this letter is to request that the project bond (#L256241) be reduced to 5%. Sincerely, Civil Design, Inc. Thomas J Digitally signed by Thomas J Trompeter Trom eter Date: 2022.10.06 p 15:22:04 -04'00' T. Jeff Trompeter, P.E. President Florida License No. 51045 T. Jeff Trompeter, State of Florida, Professional Engineer, License No. 51045. This item has been digitally signed and sealed by T. Jeff Trompeter on the date indicated here. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1400 Centrepark Blvd., Suite 905 a West Palm Beach, FL 33401 • T: 561.659.5760 • www.civil-design.com 321 Bond Number: L256241 EXHIBIT "N-3" (LDR, Chap. 2, Art. III, Sec. 6.C.) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: PRINCIPAL, and Lexington National T Andrews C mppa, y a sure company call S _ Insurance Company surety pany authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, aHpolitical subdivision of the State of Florida, hereinafter called CITY, the full and just sum or1-hree undred Forty-five Thousand Eight Hundred U. S. Dollars (345,814.32_); lawful money of the United AYR R 6F a 2T, to e paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the r recording of a certain subdivision plat known as U✓o$-^ p3 R —1Soao aernd such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapter 2, Article III, Section 2 C.2.c, and Chapter 4, Article VIII, Section 2 and 3 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as sr h, 4L- c%4 klerT,& C4n)A `°such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and bh�erem� r the PERMIT for "Permit] [Land WHEREAS, PRINCIPAL has been is d th tt certain Sr......................w.,_,.,.,.,.w.,_,_.,.,.,.,., Development Permit] NumberCs�,,� z2`, r construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the. time specified, and shall in every respect fulfill [its] [his] [her] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and effect. Page 1 of 4 pages 322 The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRINCIPAL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both. at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 12th_ day of December 2022 (CORPORATE SEAL) [a Florida corporation] [aw„ w(statew c„ocll„oration, licensed to do business in Florida] BY: .W... ...., �..... ATTEST: (sig!;lature of..other com toration officem , __www ____ _....._. �� ...__......�..)........._�title 'red name — (Impressionable corporate seal) Page 2 of 4 pages 323 ADDRESS: 7F . .... .... STATE OF COUNTY NJ....... . . .. .... I . ................. 7 BEFORE ME personally appeared who is personally known to me, or has produced as identification, and who executed the foregoing instrument as Gii,: 0 e,) of ................... a corporation, and severally acknowledged to and before me that [he] [she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WITNESS my hand and official seal this . ...............W (lay of My commission expires: .......... Notary Public mm (INDIVIDUAL PRIM " �,JPAL) WITNESS: (SURETY SIGNATURE BLOCK) II wN �N WITNESS: Savannah Johnson . .......... �&voria Spellman Page 3 of 4 pages (Se.,;;ida Now. V C '4 -14(.4 1024 MYcap State ()f ;jr)rIda r,tjry PubicState Commission4 GG 9 qk, µy Comm. Expires Jan 10, 2024 Banded through National Notary Assn. BY: - A, Al --� — --------- 13 n --- ADDRESS: n 1s oon National Insumcp �o awation SURETY BY: Daniel Oaks, Attorney -In -Fact 324 ADDRESS: 10427 Sorrento Rd STE 305 Pensacola, FL 32507 STATE OF Florida ) COUNTY OF Escambia personally pp ................. _ ... ......, who[is] [are] BEFORE ME ersonall appeared Dance Oaks ....... personally known to me or [has] [have] produced Drivers [and „ respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purpose expressed therein. WITNESS my hand and official seal this ...12th n day of December , 20 zz s....m_w My commission expires: Notary Public . (Seal) =Publictate of Floridamithn GG 365638023 Page 4 of 4 pages 325 IMPORTANT NOTICE—THIS POWER OF ATTORNEY IS VOID IF %NIC Original" WATERMARK IS NOT PRESENT POWER OF ATTORNEY Lexington National Insurance Corporation Lexington National Insurance Corporation, a corporation duly organized under the laws of the State of Florida and having its principal administrative office in Baltimore County, Maryland, does hereby make, constitute and appoint: Daniel Oaks, Christopher Thomas as its true and lawful attomey-in-fact, each in their separate capacity, with full power and authority to execute, acknowledge, seal and deliver its behalf as surety any bond or undertaking of a ,6, Q00,, 0,0,0 or less. This Power of Attorney is void if used for any bond that This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Company on February 15, 2018: Be it Resolved, that the President or any Vice -President shall be and is hereby vested with full power and authority to appoint suitable persons as Attorney -in -Fact to represent and act for and on behalf of the Company subject to the following ,provisions Attorney -in -Fact may be given full power and authority for and in the name of and on the behalf of the Company, to execute, acknowledge and deliver any and all bonds, contracts, or indemnity and other conditional orobligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any all notices and documents cancelling or terminating the Company's liability thereunder and, any such instruments so executed by any Attorney -in Fact shall be binding upon the Company as if signed by the President and sealed by the Corporate Secretary. RESOLVED further, that the signature of the President or any Vice -President of LEXINGTON NATIONAL INSURANCE CORPORATION may be affixed by facsimile to any power of attorney, and the signature of the Secretary or any Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of such power, or any such power or certificate bearing such facsimile signature or seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed with respect to any bond to which it is attached continue to be valid and binding upon the Company. IN WITNESS WHEREOF, the Company have caused this instrument to be signed and their corporate seal to be hereto affixed. TL� ....,a: �'wflprjtp� oar. Ronald A. Frank, President State of Maryland County of Harford County; SS: Before me, a notary public, personally appeared, Ronald A. Frank, President of Lexington National Insurance Corporation, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under the PENALTY of PERJURY under the laws of the State of Maryland that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,�gSPe�• Commission Expires: 05/23/244a W NOTARY Notary I, Lisa R. Slater, Secretary of Lexington National Insurance Corporation, do hereby certify that the above and foregoing is true and correct copy of a Power of Attorney, executed by said company, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Maryland this 26th day of January, 2022. ��/ Lisa R. Slater, Secretary Attached to bond signed this 12th day of December,,,_, 20 22 F:11nic1P w r of Attomey form CS 21121 with Watermark Seal 326 12/15/22, 3:28 PM Landmark Web Official Records Search ...y.,..... .................. ............................... EXHIBIT A Le�nl Descryion Parcel 1 A parcel of land lying in Sectibn'34, Township 45 South, Range 43 Last, Palm Beach County, Florida,, described as follows: Beginning at the inte>.sec,tIon of a line 30,0 feet south of, as measured at right angle" .,and parallel with the North line of the said South 385,0 feeiF"62,,the North 1569,0 feet of: Government Lot 2 and the East right of wry line of said State Road No, 14.0 (A -i -A); thence southeae-te>'io, along said right of way line, a distance of 178,87 feet Lo,r'nLersection with a line being 205.0 feet south of as measured at right angles and parallel with the said North line of theFut,Lth 385.0 feet of the North 1569,0 feet of Government Lot 2'1 Inience Easterly along said parallel litre, a distance of 125 82 fgetl thence southerly at right angles to the last described f6`6u-se, a distance of 22,42 feet) thence Northeasterly making ail, tingle of 60° as measured from North to East, 'a distance of 70,8E%,feet; thence Northerly making an angle with the preceding course of 120°, as measured from South thru West to North, a distanc ' f 7,0 feet) thence Easterly at right angles to the last•desekibad course, a distance 2.65 feet1 thence Northerly at right- angfdst: 12/15/22, 3:28 PM Landmark Web Official Records Search •rf••,�.......,..,................... i.,...:.......r..��,.. �.....,............. ...::.....,.�I.tr..1..:I... nrv.:, ^1 :•57St i"��"S:'•"!�< Beginning at the intersection of the North line of Lot 17, BENSON BROS, SUBDIVISION, according to the Plat thereof recorded in Plat Book 5, Page 27 Public Records of Palm Beach County, Florida, with thq East line of the West One-half of the Southwest Quarter 6f e4id Section 341 thence Westerly along said North line of Lot ,a dietance of 148,83 feet) thence Southerly at right angles lLo laid North line of Lot 17, a distance of 169,41 feetl thence Eastw.lyy,"";along a line parallel to said North line of Lot 17, a distance oft feet to an intersection with said East line of West One-half of the Southwest Quarter of Section 341 thence Northerly alpylp,,said East line a distance of 168,21 feet to the Point of Be inn ng, and Parcel 4 Beginning at the Northwest corner of the South 285,0 feet of the North 1469,0 feet of Government Lot 2,Eg4tton 34, Township 45 South, Range 43 East, Palm Beach County,"Flgxidal thence Southerly, along the I -lest line of said Government Lot`"`2,,,g distance of 69,41 feet to an intersection with the North liney�Af,F4ot 17, Benson. Brothers Subidivision, according to the plat't'i e4iteof, recorded in Plat Boot: 5, on page 27, Public Records of Palm,,,�aeh County, Floridal thence Easterly, making an angle with thi`,preeeding course of 87°01115", measured from North to Easy";" -and along the Easterly projection of the said North line of Lot- i7; Benson Brothers Subdivision, a distance of 50,64 feet to �pn„?ntersection with the West right of way line of State Road No, A 1 Al thence Northwesterly, along the arc of a curve concave to th "Ncrtheast, having a radius of 3248,98 feet and a central angle o ,1°/,14'28", said are being the West right of way line of State RoadB,,A-1-A, a distance of 70,38 feet to an intersection with the Nor„Lh kine of the said South 285,0 feet of the North 1469,0 fret of'°*prn- ment Lot 21 thence Westerly, along said North line, a dist of 35,05 feet to the Point of Beginning, less the West 10,0 feet 1 thereof for the right of way of the County Road, �- and Parcel 5 Beginning at the Southwest- corner of the South 285,0 feet of the North 1469.0 feet of Government Lot 2, Section 34, Township 45 South, Range 43 East, Palm Beach County, Floridal thence Northerly, along the West line of said Government Lot 2, a distance of 215,89 feet to an intersection with the North line of Lot 17, BENSON BROS, SUBDIVISION, according to the Plat thereof, recorded in Plat Book 5, page 27, Public Records of Palm Beach County, Floridal thence Easterly, making an angle with the preceding course of 92°58'45", measured from South to East, and along the Easterly projection of the said North line of Lot 17, BENSON BROS. SUBDIVISION, a distance of 50,64 feet to an intersection with the West right-of- way line of State Road A -1 -Al thence Southeasterly, along the are of a curve concave to the Northeast, having a radius of 3,248,98 East and a central angle of 2°23'47", said are being the West right-of-way line of State Road A -1-A, a distance of 135,89 feet to the end of said curvel thence continue Southeasterly, along the said West right-of-way line of State Road A -1-A, a distance of 85.05 feet to an intersection with the South line of the said South 285,0 feet of the North 1469.0 feet of Government Lot 21 thence I-Jesterly, making an angle with the preceding course of 76°48'58", measured from Northwest to West, along the said South line of the South 285,0 feet of the North 1469,0 feet of Government Lot 2, a distance of 108.14 feet to the Point of Beginning, OFF REC 3092 PG 1260 - 2 - https://erec.mypalmbeachclerk.com/Search/DocumentAndlnfoByBookPage?Key=Assessor&booktype=O&booknumber=3092&pagenumber=1258# 3 328 12/15/22, 3:28 PM Landmark Web Official Records Search R.,, ..,.,.., .,..�.",:•::,.,�,.:.�,;... ...... ..... .q.,,.......��. .,�..,.�.,..., .., � .. ... ..,. ur. ,., ... .. w -tae 7t LESS a parcel described as follows) Begin at the Southwest corner of 'the North 1469.0 feet of Govern- ment Lot 2, Section 34, ,T6wnship 45 South, Range 43 East, Palm Beach County, Florida; "i.4ei*e Northerly, along the Hest line of said Government Lot 21 a% A� tpnce of 47.63 feetl thence Easterly, parallel with the South litre of the said North 1469 feet of Government Lot 2, a distanbc,,16 94.81 feet to a point in the West right of way line of Florida Stite Road A -1 -Al thence Southerly alon said rightof way line a distance of 48,87 feet to a point in said South line of the Nor.tih 1469 feet of Government Lot 21 thence Westerly along said Shu, h line a distance of 108,14 feet to the Point of Beginning. ALSO LESS the Ilest 10,0 feet therea£„ fox right-of-way of the County Road, %'; i'%' SUBJECT TO an easement for private road ��aii utilities purposes over the North 40,0 feet thereof, and Parcel 6 ;i That ntrrt or: 1,ots :11. till -11 1.6, i.nclusi.vo, lies on 131,00e1's Subcll.vision, ns recorded :ln 111rit Book 5 onpago;,27, v}n,hlic re- cords of Palin Boacll County, 111.oridn, lying brut of tlio Host right of wny line of: the intraconstal Waterway, tis shoivr,jr lint Book 17 on pogo 1.3, and West OF the Nest right of wny line o,f State (toad A -1-A (State Road No. 1110), and Nest of the lVest,''ri'Aht of witty li.no of County Road, LUSS the following described parcels: A portion or: l.uts 12 and 1.3, Denson Brothers Suhdlvi5;len, ns 1•ocorded in !'lilt Book 5 on prigc 27, Public Records of I'ain'r Beach County, Florida, lying Bast of the liast right of wry .1I1ic of tha :fntraconstill Waterwnv, Iis shown i.n Plat Ilook 1.7 on pike 1i, (ilo! IVost of tile We!' iort':l.onoOfl4Lots 12 11110 indS13,eblei.ng ilorctoid A-1Apnrtic- Itond No. 1.d0), ; ularly described os -follows, _ _.. ........ ..._.—_ -- Conintonco nt -filo Northonst corner of: Lot '1'1, as shown on said 131st of: Menson Brothers Subdivis.lon; thonce S, 2° Ill' 40" W. (nssuuiod) , along the 11nst lane of snid P.lttt of 11011508 Brothers SUbdi.Vi.sion, a distance of 368,82 foot; thence S. 89 2d1 3011 IV„ and pnrnl.lel to the North 1.-.110 or said Lot 11, n distanco of 38,03 foot to a point illthe 1Vest right• of wny 1.i.ne of Stato Fond A -1-A, ns presontly .laid out and i.il use, snid point also being the Point o•f 11ogi.nni.ng of the parcel to be herein describodi thence contAntie S, 89 2A' 30" 1V., a distance of 200,21 .feet; thonce S. 2 02' 410" IV., n distance of 115.0 foot; t:honco N, 890 24' 301, L.,a distance of 200.21 :feet to toe said West right of way line of Stnto Fond A -1-A; thonce N. 2 021 401' 11., along the said Nast right of wny line, a distanco of 115,0 feet to the Point of Beginning atoredescr:lbed. The abovo described pnrcol sub;1ect to an easement for ingress and ogress over Cho 1.1nst• 50 fleet thoroo:f. AND; A parcel. or: land lying in Lot 16, Benson Brothers Subdivision, tis recorded in Pint• !look 5, page 27, Public Records of Palm Ba ech County, Florida, being more particulnrly described as follows: OFFAEC 3092 PC 1261 - 3 - https:/Ierec.mypalmbeachclerk.com/Search/DocumentAndInfoByBookPage?Key=Assessor&booktype=O&booknumber=3092&pagenumber=1258# 4329 12/15/22, 3:28 PM Landmark Web Official Records Search conmlenco at the Southeast corner of sold Lot 1611 thoneo Iva Sterly, ideab" the South, /.1110 of snid Lot 1.6, n distance of 259,'/5 foot to the point of 11a�iut;ing of the pitrcol to be horoi.n described,, thence Northerly, at t f pr°iut11los to the proceeding coarse, n dis- Cnnco of 1711,0 feet{ tltiatt¢ 1'ester'.y, along u 1.:1110 pal -101.01. to the South line of said Lot 1.6, aVtance of 558,07 .foot; thonce Southerly, it distance oli 1'°7Ft ,�0 foot ton point 11t the South 1.1110of said Lot 1.61 thencelinst-", along said South line, n distance of 558,617 foot to the 1,cint• of Boginni.ng aforedoscribetl, The nbovo described patco' Subject to till onsontent fol' :ingress, ogress, and public utilities ove' et I South 39,0 'foot thoreof. b 1 IN� AND; , ; r A parcel of hind lying -111 I'D n Irothors Subdivision, as rocordod in Plat Rook 5, on pol.c 1 ocovds of 11alIli Roach County, Itaotida, lying /last of th�e� P "s,t right of way of the 1'ntruconstul Waterway, as shown in Plnt d}efok' 1.7, pogo 13, and Wost• of the Nest right of way lino oi' State Itog, qAt\� � -A (State Road No, 140), and West of the West riilht of way lilt ��oly�.County Mond; being more particularly closer bed as follows/"�/ is °alf" Commence at the Soutlionst corner of said '44 ot, tfi; thence Westerly, nlollg the South line Orsnid Lot 16) k.anco of 8'17,82 Feet to the Point of Beginning of thepnrcel to 1 ' i1�roi.n (loseri.bed; thence Northorly, tit right nngl.es to the prOcced." course, a distance of 1.70.0 feet; thence Ivestorly, along a to the South '.ane of sold Lot 16, a di.st•nnco of 1.69,115 1600 to a point in the said hastorly right of tiny lino of theiift�i,�a¢�aasta1. Waterway; thence Southwesterly, along said liast•erly tlg/'''tt r: way line, a distance of 171,69 -root to it point in the Soil tli`&w(Ahiji ,, 0-1' said Lot 16; thence linsterly, along. said South line, a d�� 0 of 1.93,50 feet to t•ho Point of Beginning, ] The above descri.h0d parcel SubJoct to tin easement for 6ross and ogress over the South 110,0 feet theroo'f, AND; A portion of Lots 1.3, :14, and 15, Benson Brothers Subdivision, ns recorded ill Plat Rook 5 on page 27, Public llecords of Pnlm Beach County, Florida, lying 110st of the hast right or way 1.1.110 Of tile Tnt•raconstal Watorwnv, its Miami .ln Plitt Book 17, on lingo 13, and West or the Wost right of way lino of State Fend A -1-A (State Road No, 140), said portion of Lots 13, 14, and 15, being more partic- ularly described tis follows: Cenunonco tit the Northonst earner of Lot 1.1, its shown on sni.d ' Plat• 01' Benson Brothers Subdi.v:tsi.onl thence S. 20 21 110" Iv, (nssupted) 0101111 the bast line of said Plat of 11811son Brothors Subdivison, a distance of 483,82 feet; thence 5, 89 24' 30" W,, and parallel to the North lino of snid I.,ot 11, n distance of 38,113 foot to a point in tiro West right of: wily lino of Stnto Mond A -1-A, as presently laid out and in use, said point also being the Podnt of Boginning of the parcel. to be horei.lt described; thonce S, 2 21 11011 Iv,, along said Nest right of tiny lino, n distance of :1.3.1.fi foot to the Point of curvature of acarve conettve to the hast; tltenco Southnrl.y, al.ottg the are of said curve, having n central angle or: 6 4111 3611 ting it radius of 3248,98 .foot, a d1stanco of 382,38 .feet; thonce S, 85 18' 04" W,, along it line radial to the prec0edingly described 1 curve, It distitnce of 200.0 feet to a point in a curve concave to the Bast,, thenco Northerly, along the are of said curve, hnving it radius or 3448,98 'feet and a Central angle of 60 441 3611, a distanco e 1105,92 foot to the paint oftaligoncy of said curvSl thence N. 2 021 40" 13., a distance of: 3,96 feotl thence N, 89 24' 3011 H. along a line parallel to tho North lino of said Lot 11, a distance of 200,21 feet to the Point of Beginning aforedescrlbod. OFF REC 3092 PC 12 61 : _ _ https://erec.mypalmbeachclerk.com/Search/DocumentAndinfoByBookPage?Key=Assessor&booktype=O&booknumber=3092&pagenumber=1258# 5 330 12/15/22, 3:28 PM Landmark Web Official Records Search ...................._......_........................................_._..........._......__...__......_..._...,_...... _........ .._....... The above described parcel subject to an easement over the Last 50 feet thereof, ANDS i A parcel of landi(l��ir, in Section 34, Township 45 South, Range 43 Last, Palm Beach Cot'/"" Florida; said parcel being more partic- ularly described as foll�ss The Iciest 1500 feet of ��m Bast 188,0 feet of Lot: 11, Benson Brothers Subdivision, as re�orcC�ed in Plat Book 5, pa a 27, Public Records of Palm Beach County, �T� �l rida, less the taort 15,0 feet thereof, W PROVIDED THAT Grantor reserves un o Lself, its successors and assigns an easement for ingress arilOx"Nkeae over and upon the North 15 feet of the East 52 feet of ,,iIt part of said Lot 11 lying Westerly of the Westerly po'ligy line of State Road A -1-A, e rr OPEC 3092 PC 12 6.3. 1 hftps://erec.mypaimbeachclerk.com/Search/DocumentAnd Info ByBookPage?Key=Assessor&booktype=O&booknumber=3092&pagenumber=1258# 331 12/15/22, 3:28 PM Landmark Web Official Records Search EXHIBrr B The [lest ten feet (10') of a parcel described as follower Beginning at the Northwest corner of the South 285,0 feet of the North 1469,0 feet pf�,Government Lot 2, Section 34, Township 45 South, Range�J;ast, Palm Beach County, Floridal thence Southerly, along tj KeS t line of said Government Lot 2, a distance of 69,4h ee to an intersection With the North line of Lot 17, IiCPl50«�N{t05 SUBDIVISION, according to the Plat thereof, recordee)r�Q�?lat Book 6, Inage 27, public records of Palnl Beach County, Floridal thence Casteerly, making an angle with the preceding course of B7o-01'-16", nloasured from North to Cast, and along t� sterly projection of the said North line of Lot 17, MISON,)iROS, SUBIOVISION, a distance of 60,64 feet to an intersection wit,,%Ajie West right-of-way line of State Road A -1-A; thence lioq,-thwCsterly along the arc of curve concave to the Northeast, havi', � adius of 3,248,98 feet and a central angle of 1°-14' 2 �Id arc being the West right-of-way line of State Road A -1-A, `Iva�,,V,tance of 70,38 feet to an intersection with the North line oaf ,he said South 286,0 feet of the North 1469,0 feet of Go 2; Lot 2; thence Westerly, along said North line, a distanceAi��36,06 feet to the Point of Beginning, AND Ag The West ten feet (10') of a parcel described asloflct�s JG 1 Iia};LnnJ.1)4; 1)L Lilo SrnlLhwest Corner Of L•hr hr.lullr Ji35;111 '1 1)l: l.hr• t}nl:Lh 1/+69.0 Feel of. Gnvor'1)uu�nl: J,ot 2, Sec:Llnn 111, o r:�I;III /1'i Sa1.lLh, Itrm};c /13 Knot, Vii luc Bench Cnnlll:•y, Florid.]; I hr1 , ib+l l hr,rl v, along; L•IIt, West 1. 1.110. or srr•IQ Gov (IV IIIII CI11, Lne 2, a iI11,! ulef,�r�t� 'J.5•tiiJ Fact to all hiterseet-lon with the Nurl.h 1.1ne 1)l• ImL 17 I N',(UI l 101q. SIiIIblVla'I,I1PI, rtaeordi.nj; I•u thil PI..It thorcnr, r. acnrcl�HsfI. 1'1111: 13oralc !i, ;ul};e 7.7, I'c.tlrL:Le 1tec:ur;�lra of I'al.m lirnelr Lunn! y� �z��•{circ; I:he1)ce 1:r114Lc,I.. nlrrlci.n}; rut nm;Ie w.i.l:ll the Ilrcm.odlnl', cuurru r, J 92°5B'G5", mcrrrrtcn-ecl Cruor hnut�r Ln Isr1>;t, an(I ftic+c+c; l hr I;+u1Lc•r I pro•�eaL•i.nn of Elle :+ctld Ilor:Lh '.l.i.ncr of Lnl: 1.7, IiI.IISIN•1 111111;;, }aIIi11VI!ILt7bl, rt divtniiee of 50,64 I'eet to rcn i.11Lernoe1:1.r111 ufth I:ho ih.r+r Way line of f;tnte Rand A -L-A; t1w,nce "nul:ho.rar+Lvi,ly, rrl,ccr}; Ilcr nry of a cnn've enrlcnvr Lo Lhe Northonl:t.I l lving n rodlils 1)l' 't,7hli,ytt rml: 1.11)(1 n cenl•rn.1. 1n1};Icl oc 2°23'117, z;trl.cl rcrc holly; 111,, Ik•nt right-or-arrcy LLucr of Ilr:rcLr. Itnnd A -t -A, n dirllance of, I't'+.8cc to I•lle "Ild of, gold curve; Illolleo con 1:1Ilut, ;;nul'hrrl;clorl'd, rllon); I:hc r+atcl Wo -4t: ri.};ht-1)f-(rrry 1.inu 1)f. _ 11•c+ I.nnd A -i -A, n dlr,trntco or 35.05 foal- lu rf1) Lnl:ar:ulclanu 1.1.1.111 1.1iij ;;uc1r'h line IC Lhe naid South M35.0 rout (ir I:ho North IA69.0 1'oeL of Govnrlmnrni. Lot 1; I.honee lWkosto.l'1.y, nell:Llll; rill rn1P,Jo W11.11 tho Irreco(II n}; rnur:Fe of 76°48158", merlaclracl EN1111 hlorehtrer;L Vo 4m4,Pho o-+n.L(I South :line or Lhe SOLIl:lr 285.0 favi: of the tlor'I.h 1/169.11 I'r:ol. OF Gavel-I1n1e11L Lot 2, a (llbLance of 108,.14 feat• to Lho t'LIJ.IIL or Beginning, AND A parcel beginning at the Southwest corner of the North 1184,0 feet of Government Lot 2, Section 34, Township 45 South, Range 43 East, Palm Beach County, Floridal thence Northerly, along the l4est line of said Government Lot 2, a distance of 191,06 feet to an intersection with the West right Of way line of State Road No, 140 (A-1-A)I thence Southeasterly, along said*West right of way line to an intersection with the South line of the said North 1184.0 feet of Government Lot 21 thence Westerly, along said South line,•a distance of 35,04 feet to the Point of Beginning, sa . this ._... .,�1 ;fifrPrmig�ory la n whetreceived. OFF REC 3092 PG 1264 pecan 10 iod Pchn 9u>tieh county, ilcl EXHIBIT B John D,punhlo 010rk Diruult Court https:llerec.mypalmbeachclerk.com/Search/DocumentAndinfoByBookPage?Key=Assessor&booktype=O&booknumber=3092&pagenumber=1258# 7 332 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS ST. ANDREWS CLUB WEST SIDE CLUBHOUSE RENOVATIONS / ADDITIONS September 8, 2022 Legend: EA = Each LF=Linear Feet LS =Lump Sum SY=Square Yard TN = Ton QTY =Quantity Civil Design, Inc. 1400 Centrepark Blvd, Suite 905 West Palm Beach, FL 33401 TeL 561.659.5760 Fax: 561.659.5772 w vw.civil-design.com "CIVIL DESIGN, INC. uervice Driven Design Engineered) Results TOTAL= $314,376.65 SURETYBOND(110%)= $345,814.32 T. Jeff Trompeter, State of Florida, Professional Engineer, License No. 51045 This item has been digitally signed and sealed by T. Jeff Trompeter, P.E., on the date indicated here. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Thomas J Digiwlyslg-by Thomas J Tr—p-r Trompeter Dbo 1111.1-6P ,szzaa -aa uv T. Jeff Trompeter, P.E. Florida License No. 51045 9/8/2022 Date 333 PAVING ITEM DESCRIPTION I QTY UNITI UNITPRICE I COST 1 2" THICKASPHALT 269 TN 158.04 $42,476.06 28"THICK BASE ROCK 2,396 SY 29.58 $70,876.97 3 12" THICKCOMPACTED SUBGRADE 3,000 SY 3.00 $8,999.67 4 CONCRETE SIDEWALK 4" THICK) 604 SY 47.38 528.606.99 5 TYPE "D" CURBING 647 LF 22.46 S14,5 . SUBTOTAL $165,491.30 SIGNING & STRIPING 6 4" BLUE SOLID BLUES TRIPE 108 LF 1.10 $118.80 7 6" WHITE SOLID THERMO PLASTIC 150 LF 1.10 $165.00 8 12" WHITE SOLID STRIPE 333 LF 2.50 $832.50 9 24" WHITE SOLID THERMOPLASTIC STOP BAR 3 EA 71.50 $214.50 10 SIGNAGE 5 EA 250.00 $1,250.00 11 WHEELSTOPS 35 EA 50.00 $1,750.00 SUBTOTAL $4,330.80 DRAINAGE 12INLET (TYPEC) 7 EA 4,162.00 $29,134.00 13 YARD DRAIN 2 EA 1,100.00 $2,200.00 14 18" FRENCH DRAIN 65 LF 208.19 $13,532.35 15 18 R.C.P. 436 LF 58.20 $25,375.20 SUBTOTAL $70,241.55 LANDSCAPING (BY OTHERS) 16 LANDSCAPING 1 I LS 1 74,313.001 $74,313.00 SUBTOTALI $74,313.00 Legend: EA = Each LF=Linear Feet LS =Lump Sum SY=Square Yard TN = Ton QTY =Quantity Civil Design, Inc. 1400 Centrepark Blvd, Suite 905 West Palm Beach, FL 33401 TeL 561.659.5760 Fax: 561.659.5772 w vw.civil-design.com "CIVIL DESIGN, INC. uervice Driven Design Engineered) Results TOTAL= $314,376.65 SURETYBOND(110%)= $345,814.32 T. Jeff Trompeter, State of Florida, Professional Engineer, License No. 51045 This item has been digitally signed and sealed by T. Jeff Trompeter, P.E., on the date indicated here. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Thomas J Digiwlyslg-by Thomas J Tr—p-r Trompeter Dbo 1111.1-6P ,szzaa -aa uv T. Jeff Trompeter, P.E. Florida License No. 51045 9/8/2022 Date 333 6.L Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-127- Approval of marketing agreement between the City of Boynton Beach and Utility Service Partners Private Label, Inc., to offer property owners the opportunity to purchase a service plan and other similar products. Requested Action: Staff recommends approval of Proposed Resolution No. R24-127. Explanation of Request: Utility Service Partners Private Label, Inc., a subsidiary of HomeServe USA, Corp., is an administrator of the National League of Cities Service Line Warranty Program, which offers property owners in the City's distribution and collection service area an opportunity, but no obligation to purchase a service plan and other similar products for sewer laterals between the external wall of the residential private property to the homeowner's sewer cleanout or to the edge of the right of way and water service lines between the water meter and the external wall of the residential properties are owned by the property owner. The company provides a service line program for a fee to enable homeowners to repair damaged water service lines and sewer laterals. The City under this agreement grants the company a non-exclusive license to use City's branding on marketing materials to be sent to property owners from time to time and to be used in advertising at company's sole cost and expense and subject to City's prior review and approval. The agreement will initially be for a three-year term with additional one-year term renewals available. The Company will pay the City a License Fee and a Brand Fee as set forth in the agreement. How will this affect city programs or services? This program can be beneficial to the City's Water Distribution and Collection systems. Home owners purchasing the plan are likely to get their private water service lines and sewer laterals repaired in a timely manner and according to City's standards. This in turn reduces potential non revenue water loss due to breaks or leaks in water service lines and also reduces sewer overflows as well as Infiltration and Inflow from broken sewer lines. There is no cost to the City and the Company agrees to pay a License and a brand fee for using City's branding material. 334 Fiscal Impact: The vendor will pay City 10% of the payments of plan fee they receive from members. Additionally a brand license fee $30,000 spread across the first three years of the term ($10,000 first, second and third year each) will be a revenue for the Utility. Attachments: R24-127 Agenda—Item-1 653- 2023_Resolution _ for _Utility_Service_Partners_Marketing_Agmt.docx Exhibit A to Resolution - Muni -Executed Agreement 3 Product (plus $30k brand fee) - City Of Boynton Beach- FL-HomeServe executed.pdf 335 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. R24-127 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A MARKETING AGREEMENT BETWEEN THE CITY AND UTILITY SERVICE PARTNERS PRIVATE LABEL, INC., FOR THE PURCHASE OF SERVICE PLAN AND OTHER SIMILAR PRODUCTS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, sewer laterals between the external wall of the residential private property to the homeowner's sewer cleanout or to the edge of the Right of way are owned by individual residential property owners residing in the City ("Property Owners"); and WHEREAS, water service lines between the water meter and the external wall of the residential private property are owned by Property Owners; and WHEREAS, City desires to offer Property Owners the opportunity, but not the obligation, to purchase a service plan and other similar products or as otherwise agreed in writing from time to time by the Parties (each, a "Product" and collectively, the "Products"); and WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of the National League of Cities Service Line Warranty Program and has agreed to make the Products available to Property Owners subject to the terms and conditions contained herein; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve a Marketing Agreement between the City and Utility Service Partners Private Label, Inc., for the purchase of service plan and other similar products. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve a Marketing Agreement between Utility Service Partners Private Label, Inc., and the City 31 for the purchase of a service plan and other similar products (the "Agreement") in form and 32 substance similar to that attached as "Exhibit A." 336 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 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby authorizes the Mayor to execute the Agreement and such other related documents as may be necessary to accomplish the purpose of this Resolution. SECTION 4. One fully executed original of the Agreement shall be retained by the City Clerk as a public record of the City. A copy of the fully executed Agreement shall be provided to Poonam Kalkat to forward to Utility Service Partners Private Label, Inc. SECTION 5. This Resolution shall take effect in accordance with law. PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee Ue Jesus, IMF& MMC. City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 337 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 MARKETING AGREEMENT This MARKETING AGREEMENT ("Agreement") is entered into by and between the City of Boynton Beach, Florida, a Florida municipal corporation ("City"), and Utility Service Partners Private Label, Inc., a Delaware corporation, d/b/a Service Line Warranties of America ("Company"), herein collectively referred to singularly as "Party" and collectively as the "Parties". This Agreement shall be effective on the last signature date set forth below ("Effective Date"). RECITALS: WHEREAS, sewer laterals between the external wall of the residential private property to the homeowner's sewer cleanout or to the edge of the Right of way are owned by individual residential property owners residing in the City ("Property Owners"); and WHEREAS, water service lines between the water meter and the external wall of the residential private property are owned by Property Owners; and WHEREAS, City desires to offer Property Owners the opportunity, but not the obligation, to purchase a service plan and other similar products set forth in Exhibit A or as otherwise agreed in writing from time -to -time by the Parties (each, a "Product" and collectively, the "Products"); and WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of the National League of Cities Service Line Warranty Program and has agreed to make the Products available to Property Owners subject to the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: 1. Purpose. City hereby grants to Company the right to offer and market the Products to Property Owners subject to the terms and conditions herein. 2. City Obligations. A. Grant of License. City hereby grants to Company a non-exclusive license ("License") to use City's branding ("Marks"), on marketing materials in accordance with Exhibit A to be sent to Property Owners from time to time, and to be used in advertising (including on the Company's website), all at Company's sole cost and expense and subject to City's prior review and approval, which will not be unreasonably conditioned, delayed, or withheld. Company's use of the Marks in accordance with this Agreement will not infringe any other party's rights. In the event that City extends a similar license to a competitor of Company during the Term and any Renewal Term of this Agreement, the City shall provide thirty (30) days' notice prior to such grant of license and Company may immediately terminate this Agreement. 1268 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 B. Property Owner Data. If City elects to do so, City may provide Company with Property Owner Data for use by Company in furtherance of the advertisement, marketing, and sale of the Products. Any name, service address, postal address, and any other appropriate or necessary data for Property Owners in City is defined as "Property Owner Data". Property Owners Data shall be and remain City's property. For any Property Owner Data provided by City to Company, City warrants that Property Owner Data has been and will be collected in compliance with all laws, statutes, treaties, rules, codes, ordinances, regulations, permits, official guidelines, judgments, orders and interpretations ("Applicable Laws"); and City is permitted by Applicable Laws and by any applicable privacy policy to provide Property Owner Data to Company and to permit Company to use Property Owner Data for the purposes of this Agreement. A Property Owner who has purchased a Product is a member ("Member") and, following such purchase, all data in Company's control or possession relating to Members is Company's property. C. Entities of Foreign Concern. The provisions of this section apply only if Company or any subcontractor will have access to an individual's personal identifying information under this Agreement. Company represents and certifies: (i) Company is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Company; and (iii) Company is not organized under the laws of and does not have its principal place of business in a foreign country of concern. Prior to City providing any Property Owner Data to Company, Company and any subcontractor that will have access to personal identifying inforination shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 3. Term. The term of this Agreement ("Initial Term") shall be for Three Years from the Effective Date. The Agreement may be renewed for additional one (1) year terms (each a "Renewal Term", and collectively with the Initial Term, the "Term") upon a written amendment executed by the Parties at least thirty (30) days prior to end of the Initial Term or of a Renewal Term. In the event that Company is in material breach of this Agreement, the City may terminate this Agreement thirty (30) days after giving written notice to Company of such breach, if said breach is not cured during said thirty (30) day period. Company will be permitted to complete any marketing initiative initiated prior to termination of this Agreement and within fifteen (15) days after termination, City shall be paid the License Fee (as defined below) through the effective date of termination, after which time, neither Party will have any further obligations to the other and this Agreement will terminate. 4. Consideration. A. As consideration for such License, Company will pay to City a License Fee of as set forth in Exhibit A ("License Fee") during the Term of this Agreement. The first payment shall be due by January 30th of the year following the conclusion of the first year of the Term. Succeeding License Fee payments shall be made on an annual basis throughout the Term, due and payable on January 30th of the succeeding year, or within thirty (30) days after the expiration of this Agreement. City agrees to provide a completed Form W-9 to Company in order to facilitate proper payment of the License Fee. City will have the right, at its sole expense, to conduct an audit, upon reasonable notice and during normal business hours, of Company's books and records pertaining to any fees due under this Agreement while this Agreement is in effect and for one (1) year after any 1269 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 termination of this Agreement. B. In addition to the License Fees set forth in this Section, Company shall pay City a brand fee ("Brand Fee") as set forth on Exhibit A. Company will pay City Brand Fees within thirty (30) days after the date such Brand Fee becomes payable. 5. Confidentiality. Each party will treat all non-public, confidential and trade secret information (collectively "Confidential Information") received from the other party as confidential, and such party shall not disclose or use such information in a manner contrary to the purposes of this Agreement. Any material submitted to City that Company contends constitutes or contains Confidential Information, trade secrets, or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION — TRADE SECRET." In addition, Company must, simultaneous with the submission of any Confidential Information, provide a sworn declaration or affidavit from a person with personal knowledge attesting that Trade Secret Materials constitute trade secrets under Section 688.002, Florida Statutes, and stating the factual basis for same. If a third party submits a request to City for records designated by Company as Confidential, City shall refrain from disclosing the Confidential Information, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Company. Company shall indemnify and defend City and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of any Confidential Information in response to a records request by a third party. Notwithstanding the foregoing, the City shall not be liable for any disclosure of confidential information that is required to be disclosed under any applicable public records act, including, but not limited to, Chapter 119, Florida Statutes, or under court order. City shall provide notice to Company prior to any such disclosure pursuant to court order. 6. Code Change, The Parties understand that the pricing of the Products and compensation provided for in this Agreement are based upon the currently applicable City, municipal, or similar codes. In the event Company discovers a code change, Company shall have the ability to reassess the pricing of this Agreement. 7. Indemnification. Company will indemnify, defend, and hold City and its directors, officers, employees, agents, and assigns (collectively, the "City Parties") harmless against any and all third parry claims, liabilities, losses, damages, and expenses any City Party may suffer and which arise directly or indirectly from: (a) Company's breach of this Agreement; or (b) any negligent or fraudulent act or omission of the Company, or its officers, employees, contractors, subcontractors, or agents in the performance of this Agreement. Company will have no obligation to indemnify any City Party to the extent the liability is caused by such City Party's negligence or willful misconduct. Notwithstanding anything herein, and except to the extent sovereign immunity may be deemed to be waived by entering into the Agreement, nothing in the Agreement is intended to serve as a waiver of sovereign immunity by City nor shall anything included therein be construed as consent by City to be sued by third parties. City is a municipal corporation of the State of Florida as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees to the extent required pursuant to Section 768.28, Florida Statutes. 8. Notice. Any notice required to be given hereunder shall be deemed to have been given when notice is (i) received by the Party to whom it is directed by personal service, (ii) sent by electronic 1270 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 mail (provided confirmation of receipt is provided by the receiving Party), or (iii) deposited as registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows: To: City: ATTN: Dr. Poonam Kalkat City of Boynton Beach 100 E. Boynton Beach BLVD Boynton Beach, FL 33435 Email: kalkati2kbbfl.us Phone: (561) 742-6403 To: Company: ATTN: Chief Growth Officer Utility Service Partners Private Label, Inc. 601 Merritt 7, 6th Floor Norwalk, CT 06851 Phone: (203) 840-8276 9. Modifications or Amendments/Entire Agreement. Except for the list of available Products under the Agreement, which may be amended from time to time by the Parties in writing and without signature, any and all of the representations and obligations of the Parties are contained herein, and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing signed by that Party. 10. Assignment. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Parry unless such assignment or delegation is to an affiliate or to an acquirer of all or substantially all of the assets of the transferor. l l . Counterparts/Electronic Delivery, No Third Party Beneficiary. This Agreement may be executed in counterparts, all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by email and upon receipt will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. Nothing expressed or implied in this Agreement is intended, or should be construed, to confer upon or give any person or entity not a party to this agreement any third- party beneficiary rights, interests, or remedies under or by reason of any term, provision, condition, undertaking, warranty, representation, or agreement contained in this Agreement. 12. Choice of Law/Attorney Fees. The Parties shall maintain compliance with all Applicable Laws with respect to its obligations under this Agreement. The governing law shall be the laws of the State of Florida, without regard to the choice of law principles of the forum state. Venue for any litigation shall be exclusively in Palm Beach County, Florida. THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT. 1271 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 13. Verification of Employment Eligibility. Company represents that Company has registered with and uses the E -Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Company violates this section, City may immediately terminate this Agreement for cause and Company shall be liable for all costs incurred by City due to the termination. 14. Public Entity Crime Act. Company represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Company further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Company has been placed on the convicted vendor list. 15. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto are incorporated by this reference and expressly made part of this Agreement. [Signature Page Follows] 1272 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written below. CITY OF BOYNTON BEACH Name: Title: Date: UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. IDocuSigned by: ti&,a.d �a&'s Name: Michael Backus Title: Chief Growth Officer Date: 3/6/2024 1 5:11 PM EST 1273 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 Exhibit A NLC Service Line Warranty Program City of Boynton Beach Term Sheet January 10, 2023 L Initial Term. Three Years. II. License Fee. Company will pay City ten percent (10%) of the payments of plan fees actually received from members during the Term under any plans sold hereunder, net of any discount, rebates, refunds, chargebacks, credits, and sales or similar taxes incurred or paid by Company in connection with such plans for: A. Use of City logo and name on letterhead, advertising, signature line, and marketing materials. III. Brand License Fee. $ 30,000.00 spread across the first three years of the Tenn, as follows: A. Year 1 - $ 10,000.00 B. Year 2 - $ 10,000.00 C. Year 3 - $ 10,000.00 Payment of the Brand Fee for the first year is subject to the approval and mailing of the first campaign for that year. In subsequent years, payment of the Brand Fee is subject to City's timely approval of all other marketing materials for the prior year and the approval and mailing of the first campaign of the current contract year. IV. Products. A. External water service line plan (initially, $5.75 per month) B. External sewer/septic line plan (initially, $7.75 per month) C. Interior plumbing and drainage plan (initially, $9.99 per month) Pricing does not include taxes. Company may adjust the foregoing Product fees; provided, that any such monthly fee adjustment shall not exceed $0.50 in any 12 -month period. If such adjustment shall exceed $0.50, both Parties must agree in writing. V. Scope of Coverage. A. External water service line plan: i. Covers Property Owner responsibility: From the meter to the external wall of the home. ii. Covers thawing of frozen external water lines. iii. Covers well service lines if applicable. B. External sewer/septic line plan: i. Covers Property Owner responsibility: From the external wall of the home to the Property Owner's sewer cleanout or if no cleanout is installed, to the edge of the Right of way. ii. Covers septic lines if applicable. C. Interior plumbing and drainage plan: i. Covers water supply pipes and drainage pipes within the interior of the home. VI. Marketing Campaigns. Company shall have the right to conduct up to three campaigns per year (each campaign consists of two mailings) and such other channels as may be mutually agreed. Initially, Company anticipates offering the interior plumbing and drainage plan Product via in- bound phone or web only. 1274 6.M Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 3800 South Congress record plat. Requested Action: Approve the 3800 South Congress record plat, subject to final execution by the acting City Engineer. Explanation of Request: Approve the record plat that supports the development of the land in accordance with the Development Order: 3800 S. Congress Avenue (NWSP-2023.07.23617). The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented; subject to final signatures by the City Engineer and Mayor. How will this affect city programs or services? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. Fiscal Impact: None Attachments: Agenda _ Item _1663-2023_Resolution_for_Record_Plat (REV).docx Plat of 3800 South Congress - Final for Approval.pdf Signed Development Order-NWSP-2023.07.23617.pdf 345 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 RESOLUTION NO. R A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A RECORD PLAT OF 3800 SOUTH CONGRESS AVENUE, BOYNTON BEACH, FLORIDA 33426; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, on February 6, 2024 the City approved the Development Order for applicant Jared Smith of Bethesda Hospital Inc., request for New Site Plan (NWSP-2023.07.23617) application for 3800 South Congress Avenue, Boynton Beach, Florida 33426, to construct two (2) industrial warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a +/- 30.72 -acre site, located at 3800 South Congress Avenue, in the M-1 (Light Industrial) zoning district; and WHEREAS, consistent with the requirements set forth in the City's Code of Ordinances, Bethesda Hospital Inc., as the owner of the +/- 30.72 -acre property located at 3800 South Congress Avenue, Boynton Beach, Florida, as legally described in "Exhibit A," has requested approval of a Record Plat, a copy of the plat being attached hereto as "Exhibit B;" and WHEREAS, the City has the exclusive jurisdiction to approve the plat pursuant to Florida Statues section 177.071; and WHEREAS, the subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor and has found the site plan to be consistent with Chapter 177, Florida Statutes, and the City's platting and zoning requirements; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve a Record Plat of 3800 South Congress Avenue, Boynton Beach, Florida 33426, on the condition that the acting City Engineer has certified the plat. 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. 346 32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve a Record Plat, as shown in "Exhibit B," of 3800 South Congress Avenue, Boynton Beach, 34 Florida 33426, as legally described in "Exhibit A." 35 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 36 authorizes the Mayor, acting City Manager, and City Clerk, to execute the Record Plat subject to 37 the acting City Engineer certifying the plat and to execute any such other related documents as 38 may be necessary to accomplish the purpose of this Resolution, subject to review by the City 39 Attorney's office. 40 SECTION 4. The City shall record the Record Plat in the public records in and for Palm 41 Beach County, Florida; however, the applicant shall pay all costs and fees of the recording. 42 SECTION S. This Resolution shall take effect in accordance with law. 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 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 347 Exhibit A DESCRIPTION A PARCEL OF LAND IN THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST 1/4 OF SAID SECTION, THENCE RUN NORTH (THE WEST LINE OF SECTION 5 IS ASSUMED TO BEAR NORTH -SOUTH AND ALL OTHER BEARINGS ARE RELATIVE THERETO) ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 110.00 FEET TO A POINT; THENCE RUN SOUTH 89°48'45" EAST, A DISTANCE OF 53.00 FEET TO A POINT 1N THE EAST RIGHT-OF- WAY LINE OF CONGRESS AVENUE; THENCE CONTINUE ON THE PRECEDING DESCRIBED COURSE, A DISTANCE OF 1460.21 FEET TO A POINT 1N THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COAST LINE RAILROAD; THENCE RUN NORTH 18°21'59" EAST, ALONG SAID WESTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 607.01 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 89°58'02" WEST, A DISTANCE OF 891.35 FEET; THENCE NORTH 00°01'58" EAST, A DISTANCE OF 390.75 FEET; THENCE NORTH 48°35'55" WEST, A DISTANCE OF 407.05 FEET; THENCE NORTH, A DISTANCE OF 232.00 FEET; THENCE WEST, A DISTANCE OF 455.00 FEET, MORE OR LESS, TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE; THENCE NORTH ALONG SAID RTGHT-OF-WAY LINE, A DISTANCE OF 178.66 FEET; THENCE NORTH 88°51'44" EAST, A DISTANCE OF 2020.80 FEET, MORE OR LESS, TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COAST LINE RAILROAD; THENCE SOUTH 18°21'59" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1170.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL SUBJECT TO THE FOLLOWING: AN EASEMENT OVER THE EASTERLY 110 FEET (AS MEASURED AT RIGHT ANGLES TO) THEREOF FOR FLORIDA POWER & LIGHT COMPANY, AS RECORDED IN OFFICIAL RECORDS BOOK 602, PAGE 623, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DATED FEBRUARY 24,1961. A RIGHT-OF-WAY OVER THE WESTERLY 80 FEET OF THE EASTERLY 190 FEET (AS MEASURED AT RIGHT ANGLES) THEREOF FOR LAKE WORTH DRAINAGE DISTRICT CANAL NO. E-3 1/2, AS RECORDED IN OFFICIAL RECORDS BOOK 1803, PAGE 254, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF THE ABOVE-DESCRIBED PARCEL THAT IS CONTAINED WITHIN THE PARCEL OF PROPERTY DESCRIBED BELOW: A PORTION OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 5; THENCE SOUTH 00°42'07" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 5, A DISTANCE OF 871.89 FEET; THENCE NORTH 89017'53" EAST, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 53.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°10'02" EAST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 00°42'07" EAST, ALONG A LINE PARALLEL WITH AND 60.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 5, A DISTANCE 756.11 FEET; THENCE SOUTH 89°17'53" WEST, A DISTANCE OF 7.00 FEET; THENCE NORTH 00°42'07" WEST, ALONG A LINE PARALLEL WITH AND 53.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 5, A DISTANCE OF 755.97 FEET TO THE POINT OF BEGINNING TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR DRAINAGE AND RIGHTS OF WATER FLOWAGE AND STORM WATER RETENTION AS SET FORTH IN EASEMENT AGREEMENT RECORDED 348 SEPTEMBER 9, 2002 IN OFFICIAL RECORDS BOOK 14126, PAGE 1807 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FEE SIMPLE LANDS SITUATE 1N THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 1,338,174 SQUARE FEET OR 30.720 ACRES, MORE OR LESS. 349 ID UC. M N AND MvIft Iwas Me Mr M4M mum v :v+41M1:, M — u M.wM:.'u.�eeh MpK MM:A1 Muw SnmMMd wdw wp�eattnw� vN mu.ov.IN MwxY. aiM�y' fxrMawv ism M�et.e. Na.u.aa iW � wIpW4 a:M:W4' we.. a•<"0. �i.MnM W4NIM+eR� �4wdMM+'�G M'M� NAJXaI� �'rM �.4. t :WR�i e[M'@e ea�.� iMpe. u' q�iM ewe" Yk'+4R a. M+n +vvnM M'+NMVIA wuMi4Mfv qr4�+ � r rvtrYwKN'+i »LiM � NW MNw.1 9 MM»M %XM M NMNv 4MMMN Mex 4vW a �wr'Id MmvMn:mtpu � M�M'urM �: � veabuM m� 'wW vyeMpA YXp�eweb MMM MM'MA�uo M:e,dpt�. •M MM�e: MMMM w IW MMRM MM:rN f. prWi:Tl.b A. kW: W rtAm wlwdP fKit i�IM.IMa'INrMam11�MMN�IRmiMw mr PVdAI AwM ti.Ml�ni� 4e=1 —11117 MmeM beMMxYY m[M eMii➢YSor MwMYN1T �u�eFM �%a Ma'aM� h@d:�+adxM'rMv, q W�regeM�'m � � Exhibit B 3800 SOUTH CONGRESS KATI . 0, THE er mMMwtl rvwp Ma M.arMt'M WarrrclGn','.&, 4',N.fnf PF BVJ+'M FFFf"H P 1#GAt Y•A£,IMTJ Fl/"R1pA.. IH }iR4 u'gpaM'pM�xMMp GdMtl A. �WMWGd N i:.'AIILiIELD 8t V1}M'k'pLEf2 IN','_ :W Mdti tM.Y m 1!rw'rv�N# Il,eeRMGG'm' *OKM1 C0.eUaEi RtlMmx ANAE I� k'✓s".R.M Krv� MIYJWtrx4 4]RM MAM Y"-'�n'YYam MGrItaM;u+t¢ �. MMntixuMata+ u4%. uM;ti�. GLNI^.All[MY AMMO 'FESEIXUd1ADl1: CdM'TIRJEG � MRMur UIMII�'M." �...mnm �rvnrinNr YAM MAtMNt.V:'G✓ mt M, x M'tl bMme VMCI�k'm1Ad�r,Ym+eww xM1wIM M MMY qUv �M f 1 Pok Mw'. MM�e �M � »N+MNJ t,M,gxo�ullaVB",Y• X40HR ..0 A"✓^.na,!ZNC � w�mi'7�gSv��o wi�wwr'1w"Yr�rM�., u•Nuw �ww��w�"M'� M41WMAf.IMe1....... . MmMrvwa UMeomw Mw. ovrvx ewM4ae a eMm rir m & 1 uMnxm.M uwxmux u aMMM �.�rtu wun f.1'tlY tJ&' GCfmliil'M bY',a4w wk+KStY.lhi^� MewhU Wdr gMKke.WUMp ............mn �.�.,,.,.,...e....... �M �MMMM GeM�Y am.. MnMoxv �P 588 r a� aF z 71fitf CffiY'4flIFItibiGbM4: LIM LIMA 9JF'rv'E'eR1R k MiY4"PEH'3. IWNt£1 r �'u�'"YMWr"�9�ur"4�11B��W�"M1M.MikV�M . M'.MMum �nl�+Mplvx +.11'. g6Y'M �w wY�m.®e.M+1"M.'mM •TN rvIo.M-w. nR AEWRVMMI' "rw' Pt Wk w uea new. n 4xmn oMmxex. ISI �rA�wr°d`�ir .. w: .a, MMUMe �wwMim +Mpk.wd n `� 511Ntii'MW W MnFN^pYC tp tlWt g _ MMmw au.�il MM.MMRenmcM ,MSM M.�w'"""i, �t"nrw wwrn cxoem nuuM"""""° "•' epA:w""" .4 �� tlrvmtuM dw xaRreMxl:Mx U: pen 350 I NMH Exhibit B continued 3800 "1 SOUTH CONGRESS & N1tlCEt.CR'. INC. X60 I ,LTIL-L A 351 o ot 6a HS <z_ 4e -- �� _ Jaz - a� E v�oz gww F ora a g om o his 1y�yyj ° Q�zuam I On - 9_zo �p� � €mrco Twp - I (]�VOS 01 10 N) dVW NOLLVOOI 10 I ��z ^aw Q 0 - �! m �p2- I W paoo° — Oos N330w �pzar 6 O Q _ w F� c wOa " > ww1H"zz I _ - �mm� - 1 OQ J g Oa`Bw) o<1w. w� w oa y �o 1�No s -- oAli 6 w z z 3 - U N o wo - oI o o o _ t/'� o� w r 0 p b, - — Z o - 3 o w 3 3 a �a - O> > z p - O w - pLL U — o — o w Z° H° oda- z�"oo z K - 8 yy - - - Z Q� a R'�€po pw iwzw o m aha o woa - _z< w w�ooso m;o pry°m maao�a�_°o .—H —M. oa M- 9g 3(blSa31 - � aao\ Obob'/bN 3N/>lSyO�o,�/ ivn�dd.z, A \ 'oGt O�Jbo8b3S _ t (rzs M•tS,6 s I Z' Td'aa'073 9 s3�be �/t r? -a Nma�.ao� �abdz� \ iia°tiia°a'�'aNi _zz - d 7VAIV O '0'0. 3 tg \ baa of M� FGtN \ ..9999tt 1 aNO aMd 'eeie- \ FGlS tbi'y -ro�zh�ibaj )b \ °i ui�G da -a pZn _D 0 olo m�°o p II a0 13 111 N00'2'08"W Ilo EL IIS I II z z 3 S isomaoo- II C� of N zm - oma= ml I e - II i1 J� 3 o,a .sz rzez M.a .zro.00N M `-sisN/ou�3 - - -I Nm— ;.vdd �e� '�a �nnendn)z d o 3nn3nv ss3aawo3 i� \ �3Nanda3 n 3'<iPd s� Pd a d) Nflil)Sa31NfIH ld 53191 3HL pZn _D Ko" -z - o " < O oma a0 Qd- EL 3 NOW 40'10"W 390.75' )need) TRACT A MONTEREY BAY, A PUD �.e. iaa, Pc. az) / as wsz O ¢z vv S isomaoo- C� - oma= J� 3 o,a .sz rzez M.a .zro.00N 10[1111 11 :129 11115 ;11 IN 1111131MI111 APPLICANT� Jared Smith, Bethesda Hospital Inc. APPLICANT'S ADDRESS: 2815 S Seacrest Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION.- February 6, 2024 APPROVAL SOUGHT: Approve request for a New Site Plan (NWSP-2023,07,23617) application for 3800 S Congress Avenue to construct two (2) industrial warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a 30.72 -acre site, located at 3800 S Congress Avenue, in the M-1 (Light Industrial) zoning district. KOTOTTV906TOW012-001006194 Avenue - THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administ�rative staff and the public finds as follow& annnu�= _,ZHAS N1 ifill tFolillipippliil :, 11 i•; pI I gMGM= 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included." 4. The Appli'7Gis request is hereby RANTED subject to the conditions referenced in paragraph 3 above. DENIED 6All further development on the property shall be made in accordance with the terms and conditions of this order. 7 Other: _i2 043 DATED: S rig r ss Ave APIanning\SHAREI1kWF11TR, CTS111200 S�CoL e� - NWS 0 I k7lkl)PA 354 City Clerk K141 356 357 Exhibit C - Justification Staternerit D U N AY Bonmv Mj,Ad hvonr, Di c, kk, �mn DAVICI F Md1rdqv IINNM „min M 11.1113" K, E L Scr,,,U rkakin,n H", Zodl��i �a"J(,�, %h' [ i i, n,. n Ni"'Iffiew H. 5(c,H :1ua '11"rrnp�,on B A (�'O' 1K M A N I 1 (11 Foundry Commercial 3800 South Congress Avenue Statement of Use and Justification for Major Site Plan Approval and Parking Reduction for Sustainability Bethesda Hospital, Inc. ("Petitioner") owns the +/- 30.72 -acre property located at 3800 South Congress Avenue ("Property"), which is generally located on the east side of Congress Avenue between Summit Drive and Neptune Drive in the City of Boynton Beach ("City"). The Property is identified by Parcel Control Number 08-43-46-05-00-000-7010, has a future land use designation of Industrial, and is located within the M-1, Light Industrial, zoning district, The Property was ,wriginally approved for and developed as the +/- 125,281 square foot UPS Communications Data Center and has most recentiv been used as the Bethesd 1•1 :!11,111', 10 n orter 7o •10floe MIMI nee11eo1777MM717, spT-nUeF7Tn 'ne City, FUQ—Ory Commercial proposes• redevelop the Property with an industrial warehouse facility inclusive of two (2) buildings — on (1) comprised of 223,249 square feet and the other containing 233,777 square feet for a totall 457,026 square feet, with a loading court oriented centrally located between the buildings Ily ensure appropriate screening from adjacent roadways and properties. A Special Reduction f Parking for Sustainable Development is required to develop the Project with 462 parking spac in lieu of the 914 parking spaces typically required. In order to develop the Property as intended, Petitioner must obtain Site Plan approval, In suw�ort of the Site Plan, Petitioner will demonstrate com0ance with Chavter 3, Vt&%1W1 6.A, M-1 Industrial District Regulations, and Chapter 3, Article 111, Section 4.D., Site Development Standards, of the City's Land Development Regulations ("LDR"). Petitioner will also incorporate sufficient design options from Chapter 4, Article X111, Sustainable Development Options and Points. EMT= 1. General Response: The purpose of the M-1 zoning district is to implement the industrial (1) future land use map (FLUM) classification of the Comprehensive Plan, The intent of this district is to allow industrial uses that provide opportunities for the retention and expansion of economic activities associated with manufacturing, processing, or assembly plants, including their support enterprises for warehouse, storage, distribution, research, and development. The Project offers a substantial amount of multi -tenant warehouse that is I ;,/'<,," f(,! P)ClJ 401: 131M Y'l; WW'Vo (',fl1&h1,p/v ('mn 16 ',-, " 4 � h 1,t ru� 1, � nth (� �W, R oc o ( �, F I :, 9W-] N N • M.. * N Ai Nlocation between the heavily trafficked Congress Avenue right-of-way and the FEC 2. Use(s) Allowed. Response: As mentioned, the Project is proposed to include Warehouse uses with ancillary loading Facilities. Per Table 3-2, Use Table Matrix, Warehouse is a permitted use in the M-1 zoning district. 3. Building N Site Regulations, Specifically,Response: The Project complies with the building and site regulations for the M-1 district. Project N •lies with the minimum lot area, minimum lotfrontage, minimum setbacks, maximum lot coverage, maximum Floor Area Ratio (FAR), maximum structure height, M minimum open s• . depicted • plan n N provided below. Site Development f Developm Standard Minimum Lot f'* A •:. Minimum Lot Frontage 0 feet 178,,8' Minimum N Setbacks Front15 feet •' Rear * yf5� 'w M InteriorN* • Side Abutbng Residential Districts CornerInterior d e,L.Maximum Lot Coverage Floor Area • N(FAR) i Maximum Structure Height I I A 4. Review and Approval Process. Response: The Project requires Site Plan approval, which is sought through this application. As such, the Project complies with the requirements For Review and Approval Process. 5. Parking, Response: Pursuant to the minimum off-street parking standards in Article V, Section 2, the Project is r.s *• to provide N parking space per AN square feet, which requires914 N parking spaces.Projectprovides minimum one parking space per 1,000 squareN of 46 N parking Sustainabilityspaces, which is allowable through a Special Reduction for Off -Street Parking for N»nce with Chapter I ArticleN of the City's 359 Additional information regarding the Project compliance with the reduction criteria is provided below. . Exterior Storage of Merchandise and Equipment. Response: Exterior storage of merchandise or equipment is not currently provided on the site plan. The Project c. . development «..s set forth in LDR Chapter • « 4, « «« w • .« 0 r« « • • . • site design, signage, off-street parking, parking/loading standards, exterior lighting, utility and infrastructure design, building, construction, and historic preservation, flood prevention, excavation and fill regulations, fertilizer use, and sustainable development standards. ZOMMUMEMUMEM= FX =7 The Project exceeds the minimum required Sustainable Development Options and Points as follows. SUSTAINABILITY POINTS Heat island Reduction _.�._�__....�. 2 . Efficient Cooling 2 Efficient Water Heating _....__._._._______..._____.._________________________ ______w____.__ _........ _______w__..___w_w__w_____w_w___.._...__w.w_w__._._. _........... �.........._. �_.. _... Cool hoof _. _.... � . ... 2 ___.._...._.__ _.... _ _ _..._._.._ ...__..__ . -------- ._._. Lighting ._._ ..... .. _ ..... 1 gy_..__.__.__.__._..._....... _..... ._.._.._....._.._..__....__._..._.._.__.w_.__....__...__.._..._....w._w__w.__ Ener Star Appliances w__._._...___.._._.__..ww....__.._..w.._.__. 2 _..__w___w_.__ww_._.w.._......_...._. ..............................._.._............................ Insulation _. .....__..__ .__..._...... _ .w_w_w___._......... _.....w_w_w....... . _ ...... ........_....................__..........._...._... Building Material ...... 2 Recycle Station/Dumpster Area 1 _.. _._....._..........._. ........................................................... ___.......... Reuse Water ...... _...... _ _— 2 Rain Water Reuse 4 Tree Canopy 5 Butterfly Attracting Landscape 1__.__w._____ TOTAL Chapter 4, Article V, Section 3.G.2, Special Reduction for Off -Street Parking for Sustainable Development As noted above, the Project is designed to provide 1 parking space per 1,000 square feet of N6911111ift=461 )LA 360 Warehouse use, which is allowable through a Special Reduction for Off -Street Parking for Sustainable Development in accordance with Chapter 4, Article V, Section 3.G.2 of the City's LDRs. Peoner will demonstrate below that the Project is eligible for this reduction and meets the development requirements. A Parking Demand Study is also included with this application in support of the requested parking reduction, 1. Applicability a. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. Response: The Property is immediately adjacent to the nearest bus stop, common referred to Congress Avenue @ Building 3800 SE Entrance for Palm Tran Route #2. TI. Property has direct access to the bus stop via the public sidewalk. The Palm Tran Route connects the Property to the Delray Beach Tri -Rail Station, which is a region transportation facility—As aibl,i; I ii!in rij LL� sustainability. 01. Development Requirements a, Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. Response: Provision of an additional 457 parking spaces would require an additional +/- 91,400 square feet (+/- 2.1 acres) of paved area for parking spaces, not accounting for the ;4,6S*i-,al im•tr-,,14y.s area that Ye#vl0'V;t *4 .4 fitr necessary access aislits ar4. The Project is designed to provide 4% (53,527 square feet) more open space than is required by the City's LDRs, in addition to provision of 13% (173,961 square feet) of the Property as pervious retention areas. As such, the Project complies with this criterion, b. Accommodate fuel efficient vehicles through provision of covered and well -illuminated locations with apparatus for parking and locking of bikes and low -powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles, Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. 361 Response: Convenient and well -lit locations for bicycle parking are provided in cloJF4 development. As such, the Project complies with this criterion. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. Response: The Project does not propose motorcycle parking spaces. A such, the Project complies with this criterion. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles and disbursed throughout the project to maximize III@ IN I III I � I I I 1 111111411 1 M Y i 0 gir.11 11 11, ,J;1JXrM1 0 M1 0 M1•V AY MEM= I OTN"M I MA M IM TROTIM F1 rM M MP f, Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet), Response: The Project is designed to provide twenty (20) vehicle charging spaces for 457,026 square feet. As such, the Project complies with this criterion, g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riY.rs. Response: The Project is designed for maximized pedestrian connectivity, E�ach building has direct access to the parking area, In addition, convenient connection is provided fe,;jim-444t Wth&t,*A*t-g V#�J'rr4i_l which provides safe and efficient connections to the north and south. As such, the Project complies with this criterion. 362 h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off -set the realized deficiency, of the Project. In addition, parking could be provided in locations currently proposed open space or retention if a shortage exists in the future, as shown on the Parki Contingency Exhibit included with this application. Further, operational standards th may be put into place if a parking deficiency is realized are establishes in the Parki Contingency Plan included with this application. As such, the Project complies with th Facilitate a ride-sharing/car pool program by screening, recording and maintaining Jjj•.'±Satqg I-SIrif*w w,r tr Lit tenant promote a ride-sharing/carpool program for its employees, As such, the Project complies with this criterion, jMaintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as Ifissam Response: Property management will require that each tenant maintain bus/train schedules for employees in their bays. As such, the Project complies with this criterion. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. connection to the nearest transit facility. As such, no shuttle is necessary. As such, the Project complies with this criterion. 363 1. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. Response: The development is a non-residential development. As such, this criterion does not apply. .n. Provide the following information to residents at time of lease, and post it on a permaneKh sign ble from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low -powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information" Response: The referenced sign and tenant information sheet will be provided. As such, the Project complies with this criterion. n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation, -W Tr , r, F ri= FM ppr*l�rldn, qr,e IT MaTIF11,1711 nlrn#776,*=� 'W" 4xs�_4ii-rrg fo-rM management, In addition, As such, the Project complies with this criterion. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc, from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as, intended and designed for the project, Response: An operation rule will be established and impleme,nted prohibiting operatoin employees, visitors, w using any parking space, including interior garage spac for any purpose other than for the temporary parking of vehicles as intended a designed for the Project. As such, the Project complies with this criterion, I p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. M1� 364 Response: Petitioner consents to providing a report containing evidence of the continued compliance with the requirements herein upon request by the City. As such, the Project complies with this criterion. MOMM 365 to M ° n L, f= a s timet( c �l $ . a � �� ra� � � t• �"��„�i: ""�..,„„� � " r, ter, . 1 , m� ji jl� 4 z � (1911110.111 fjyj�qqj I plf I I il i IR t � a � fi r �a nu � �,i" ✓"° �°"~ �� .... ? � it � it i k.r �� 'a All TZ t F { ti y � ... � w x � � mr a»w w 800 SOUTH CONGRESS a r rra )f, � I' m m rrx rKiml) U FOUNDRY COMMERCIAL ITE FLAN _ o + r v '� �� q °� ,r A�%�UI�T'kC}N5, [.LC; °+ IifSWh YUPd Ht Al;;li I'I,.I',YHtI'1N r qv 9t w wrenr u��e� v_. .rn. �rx,, ��.>r r"r � vie, . -d.. . .. . NVId I 39VNWHO 891SVN L I oowT"' A"a;'I u a n q all" js ON 4i °zip �r iii S ! , A! "KAHA :'A :.A 011'SNOWsinoo mumod '8'0' "m N 0 HInOS 009E fy .................. oil IN I lit; F1 Is 1011 His! P85 440-1— SIR I i DIM him 1 Y6r1 H Mill Dug, g 01 gll,, 1 114 pill of 1 KA F ux I `l1 11 1 at © ul gg i j r u �. AI I . "� co M 5 mumn 1 yfdt cr) to Al jel list 1 yfdt I I I I I A" p 1"I qP1 x gm m I Al I I I I I A" p 1"I qP1 x gm m 1 4 0 Y zi LD! LU! —i UT Di 1 4 Y zi LD! LU! —i UT Di I ui D'd Ell la a, lit 5 J. ... . ........ an LU 1 - rill L4N r, ui 7-T . ... . ............................ it n 7 . ....... . .. 0 Ulf, H, "I VJ2 ffil m i 0 r Oi U, LUI CSI ............... ............ . ... . . . . . . . . . . . . 0 z cry o z E . , - -14 fia ZA I I 0 LL w ad 0 6D 0 U) Z Z 5j ("J ad 0 WZ I . . .. ,.....r WZ I 0 z 0 R S. a (9� � Ai N, CD p (;) w z 0 F - w F - w I C*4 --------------- r - P, CO) 5 --------------- M I- (Y) M pill 11, N pp@ h ��3 ill W A R 7th oil ea ,. Y LO M M30NI NVId.4dVOSONVI JnH N' si VQlNOlJ'HlV38 NOINA08 SS980NOO S 009C Em 11 uY Em 11 I Nl� HIMI HIM III S MI 3 N,L N VO NVId ldVOSCJNV-1 sl*jnH NN 1H V01801AIADV38 NOINAOU SS:RK)NOO S 009C - - - -------- - - --------- - ----------- - zi dt 9V A4 zi I.. IN jug 9V o - - - - - - - - - - - I.. IN jug -11, HH11MMMIM ce) NV Id -qdV)SONV I s1jnH NIA inn ca V01801J'HOV38 NOINA08 SS3�19NOO S OOK ER ft"'Y lix's "PO 3min wwvo r dap, ER ft"'Y lix's "PO 3min wwvo W �jq ta U6 Ji ER ft"'Y lix's "PO 3min wwvo 11 WI IRM pkv vA tf Nwil Fit -------- ------ --- ---- ----------------------- - ---- - 3800 S CONGRESS BOYNIDN BEACK FLORIDA lilfll'IIIIII 111111f,,„ LANDSCAPE AN 111HIA". 379 M�' 111 11 Hill H h U*) C) SRI NJAVd 00 j I NVId 3dV>SGNV 51jnH NN=11.m, m SSMJE)NOO S 009C V(11801:4'HOV3e NO.I.N.A,08 — ---- - ------------------- - ---------- WW3M9 W.W 3N1 "I WI VN I ................. ......... . . ... . ...... 3800 S CONGRESS F30YNTON BEACH, FLORIDA Mi 11 ITKIN HU T� I'll, 381 'APE PLAN LANOSC A I INIl LU H1, � It Cap oil 0 I w w w fn ACT CKE auu iEpt Milo Hily, loth w w w fn ACT I N 00 cn CKE auu I N 00 cn LU 0 0 fill I ................. I 0 (V) 00 M K H r, ID w 6 W CL LLI I ................. I 0 (V) 00 M EXHIBIT "E" Project Name: 3800 S Congress Avenue File number: NWSP-2023.07.23617 Reference: 3rd review of plans identifigd__o a New Maier Site Plan w1fth p December 7. 20-23, Plannina and Zoning Der)gftm@_nL date stamp marking, DEPARTMENTS INCLUDE REJECT ENGINEERING /PUBLIC WORKS /FORESTRY I UTILITIES At the time of permittt2, the ap2licant shall: 1 Submit plat for review, approval, and recording in accordance with X 2010 LDR, Chapter 2, Article III, Section 2. 2. Submit site engineering plans consistent with the corresponding site plan and final plat, and comply with the standards and requirements pertaining to paving, grading, and drainage as X described in the city's Code of Ordinances, Land Development Regulations, Engineering Design Handbook and Construction Standards, and as regulated by the South Florida Water Management District and other external agencies. 1 Remit the Engineering fees in the amount of 2.3% of the required improvements based on the cost estimate of a duly licensed X professional in the State of Florida. Utility fees shall be coordinated directly with the Utilities Department. 4. Provide a surety in a form acceptable to the Boynton Beach City Attorney per 2010 LDR, Chapter 2, Article 111, Section 6. The amount of surety shall be equal to or greater than one hundred ten percent (110%) of the required improvements based on the X cost estimate of a duly licensed professional in the State of Florida. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, 5, Provide a copy of all permits as required from other permitting agencies, including but not limited to South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), X Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM). 6, Provide the city with a detailed construction mitigation plan together with the following information: * Construction schedule, phasing, staging, and storage X * Construction fencing, ingress/egress and sight triangles 384 C800 S Congress Ave (NWSP-2023.07.23617) Conditions of Approval Paoe 2 -of 6 DEPARTMENTS INCLUDE REJECT * Construction personnel parking — if an off-site location is secured for this purpose, verify that a tram or shuttle will be provided between the construction site and the parking area(s) and provide a copy of the agreement with the property owner * Construction traffic routes and delivery schedules o Dust control and street cleaning plan * Construction refuse removal in adherence to City's ordinance, Sec. 10-26(a). Contact the Public Works Department (561-742-6200) for a roll -off container * Hours of work in adherence to City's noise ordinance Sec. 15-8 * MOT plans for proposed closures/detours affecting vehicular or pedestrian travel * Hurricane preparedness plans in the event of a hurricane warning and/or watch Prior to issuance of any construction or building permit, the applicant shall: 7. Record the final plat in accordance with 2010 LDR, Chapter 2, x X rtide 111, Section 2. 8, Obtain a Land Development Permit (LDP) for all required improvements in accordance with 2010 LDR, Chapter 2, Article 111, Section 3. The review of an LDP application may occur x concurrently with the review of a final plat, but in all instances, the LDP shall not be issued until the final plat is approved. 9. Prior to commencement of any construction, the Engineer of Record shall schedule and attend a pre -construction meeting x with City's Utilities and Engineering Division. Contact Milot Emile at 561-742-6407 or EmileM@bbfl.us. UTILITIES 10. The reference permit is a for a site planr therefore, all the water and sewer or civil drawings plans are submittal as referenced documents. The applicant shall submit for the CSIT (Commercial Site Improvement) permit where all the x utilities/civil plans, and documents would be reviewed for approval. .+T& 3800 S Congress Ave (NWSP-2023.07.23617) Condons of Approval Rvae 3 of 6 DEPARTMENTS INCLUDE REJECT FIRE All previous comments acknowledged. POLICE 11. Landscaping shall riot conflict with lighting to include long-term x tree canopy growth 12. Landscaping should not obstruct view from doors, windows or x walkways, 13. Timer clock or photocell lighting for nighttime should be used. x 14,. Suggest using high quality security cameras throughout the x property to include the public entrances and loading zone areas. 15. Security measures at the construction site should include a x fenced staging area to store equipment and park machinery. 16. The staging area must be visible from an accessible roadway to x allow effective police patrol. Lighting must be provided to allow complete visibility to the area. Quality padlocks are recommended for all storage trailers and equipment trailers, and park within staging area..BUILDING All previous comments acknowledged. PUBLIC ART 17. The public art fee is equal to 1% of the construction value of the x project and shall be paid in 2 installments: * 30% of the public art fee is due as a condition of issuance of the building permit; * 70% of the public art fee is due as a condition of issuance of the final certificate of occupancy. PLANNING AND ZONING For permit review and approval, the applicant shall address following conditions: 386 380,0 S Congress Ave (NWSP-2023,07.23617) Conditions of Approval Paae 4 of 6 DEPARTMENTS INCLUDE REJECT 18. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, X radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing, 19. The Site Plan indicates that the proposed project will impact the existing wetland areas identified on the survey, The submitted Natural Resources Assessment report found wetlands and Florida State listed species within the subject property, which will be impacted by the proposed development. In order to comply with the Land Development Regulations (LDRs) and all respective regulatory agencies, the following must be provided prior to any permit approval: a. Approval of an Environmental Resources Permit from South Florida Water Management District in regards to the stormwater management system and the mitigation for the X existing wetland areas-, b. Proof of mitigation completion of suitable foraging habitats for wood stork; c. A completed survey for gopher tortoise and burrowing owls; d. Approval of a permit to excavate burrows if found on site as required by the Florida Fish and Wildlife Conservation Commission. 20. Revise the quantity of proposed parking spaces within the Site Data Table on the Parking Contingency Plan Exhibit to be X consistent with the number of parking spaces depicted on the Parking Contingency Site Plan (Sheet EX -1). 21. Revise the contingency plan to include operational rules and procedures in detail that would encourage transit usage and/or carpooling, implement lease restrictions to limit the quantity of customer focused businesses, and provide other strategies to X offset a realized parking deficiency in accordance with the requirements of Parking Reductions for Sustainability (Part III, Chapter 4, Article V, Section 3,G.2.i, j, & n), 22. Update the Landscape Plan to depict the specific location of trees within the upland buffer and update the proposed lake planting list X to include the total length of the lake perimeter and the perimeter occupied by littoral plantings and upland plantings. 387 3800 S Congress Ave (NWSP-2023.07.23617) Conditions of Approval Paae 5 of 6 DEPARTMENTS INCLUDE REJECT 21 Revise the drawings to reflect the required enclosure wall and gates for a lift station to be screened from public view and provide color detailed elevation drawings to match with the principal structure (Part III, Chapter 4, Article VI, Section 4.C), Additionally, X shrubs proposed around perimeters of the lift station shall be maintained at a minimum of one-half (1/2) the height of the enclosure wall (Part III, Chapter 4, Article 11, Section 6.H). 24. Revise the Landscape Plan to provide one additional colorful X shrub species on the south side of the entry driveway opening. 25. The proposed location of the bus shelter interrupts the continuity of the landscaping abutting the adjacent right-of-way. Revise the X Landscape Plan to show continuity of the landscaping along the rear of the bus shelter, 26. The applicant shall dedicate a 10' x;30' easement and place, at their cost, a bus shelter in coordination with the Palm Beach X County Palm Tran, 27. Provide bike rack details including their canopy. Pursuant to Chapter 4, Article III, Section 9.B.2.d., a separate canopy for bike X racks shall be provided. 28. Easements may overlap a required landscape strip or perimeter buffer by a maximum of five (5) feet. Revise the landscape plan to relocate the proposed landscape buffer type I to provide a X maximum overlap of five (5) feet with the proposed -foot utility easement along the north property line. The required shrubs and trees shall be located within this landscape buffer. 29. Update the landscape plans to correctly label the location of the landscape buffer type 2 along the south property line. The label currently depicts the 15 -foot buffer located within the proposed drainage easement, however, most of the required components are located outside of this labeled area due to the drainage X easement, Easements may overlap a landscape buffer by a maximum of five (5) feet, or as otherwise approved by the Director of Planning and Zoning or their designee of an Alternate Landscape Plan for this area in accordance with Part 111, Chapter 4, Article Il, Section 5. 30. Revise the height of the trees within the foundation landscaping to X be planted at no less than one-half the building height. 31. A sign program is required prior to the issuance of any building X permits. 388 Condons of Approval Paae • of 6 DEPARTMENTS INCLUDE REJECT 32. Provide a note on the Photometric Plan indicating that warm white LED lighting will be used for all exterior lighting. X CITY COMMISSION CONDITIONS Comments: TBD 389 6.N Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-128- Approve Task Order SCADA-13-2024 with Star Controls in the sum of $55,625 for installation of the StaRTU application within the Utility wellfields in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission on January 21, 2020, and renewed in February 2024. Requested Action: Staff recommends approval of Proposed Resolution No. R24-128. Explanation of Request: The Utility Department utilizes VTSCADA to monitor and remotely operate lift stations, wellfields, and plants to ensure the sites are monitored and allow remote communications and operations. The SCADA system sends alerts if there are any issues at the Lift stations including information on power outages, flow and pressure changes etc. In the past utility staff was experiencing communication issues at multiple Lift stations, which required in-person monitoring and increasing call -outs. Utility staff contracted with Star Controls to investigate and recommend changes to alleviate the communication issues. The investigation findings recognized an old Programmable Logic Controller (PLC) system that would be difficult to upgraded and update manually due to its size and complexity. Star Controls designed a new application, StaRTU, a simplified ladder application offering enhanced communication capabilities and improved operational efficiency. This application is user-friendly and brings efficiencies to the communication system. Over the past year, utility staff, in close collaboration with Star Controls, has implemented the upgraded SCADA communication application at 50 small lift stations. The vendor is assisting staff to implement the application at 5 major lift stations and the utility staff is completing similar upgrades at the remaining 120 lift stations. The current request of approval is to utilize the same application to implement system upgrades at source water wells to allow remote communication and monitoring for efficient wellfield operations. How will this affect city programs or services? Approval of this request will significantly reduce communication errors within the utility wellfield operations while improving the level of service. With more real-time status updates from remote sites, staff will have the ability to respond in real time, thereby improving the overall 390 operational efficiency. This also paves the way for enhanced data collection for trend analysis, further strengthening the decision-making processes. Fiscal Impact: The cost for previous phases of the project is currently at $64,075. Approving the current request for improving wellfield communications and operations, at a cost of $55,625 will bring the total project cost to $119,700. Attachments: R24-128 Agenda _ Item _1687-2023_Resolution_for_Task_Order_SCADA-13-2024.docx Star Controls Task Order.pdf Resolution R20-006.pdf Star Controls Executed.pdf 2023 - Renewal 2-15-2022 Agenda.pdf 2024 - Renewal 1-3-2023 Agenda.pdf 2025 - Renewal 1-16-2024 Agenda.pdf 391 I RESOLUTION NO. R24-128 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING TASK ORDER SCADA-13-2024 WITH STAR 5 CONTROLS, INC., IN THE SUM OF $55,625 FOR INSTALLATION OF THE 6 STARTU APPLICATION WITHIN THE UTILITY WELLFIELDS IN ACCORDANCE 7 WITH RFQ NO. 038-2821-19/TP FOR SUPERVISORY CONTROL AND DATA 8 ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE 9 MAINTENANCE, AND REPAIR SERVICES AGREEMENT; PROVIDING AN 10 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 11 12 WHEREAS, the City awarded Request of Qualification (RFQ) No. 038-2821-19/TP for 13 Supervisory Control and Data Acquisition (SCADA) System Programing, Preventive Maintenance 14 and Repair Services to Star Controls, Inc.; and 15 WHEREAS, the City and Star Controls, Inc. (Consultant) entered into a Supervisory Control 16 and Data Acquisition (SCADA) System Programing, Preventive Maintenance, and Repair Services 17 Agreement dated February 27, 2020, approved by Resolution No. R20-006 on January 21, 2020; 18 and 19 WHEREAS, the Utility Department utilizes VTSCADA to monitor and remotely operate lift 20 stations, wellfields, and plants to ensure the sites are monitored and allow remote 21 communications and operations. The SCADA system sends alerts if there are issues at the Lift 22 stations, including information on power outages, flow, pressure changes, etc. In the past, utility 23 staff was experiencing communication issues at multiple lift stations, which required in-person 24 monitoring and increasing call -outs. Utility staff contracted with Star Controls to investigate and 25 recommend changes to alleviate the communication issues. The investigation findings recognized 26 that an old Programmable Logic Controller (PLC) system would be difficult to upgrade and need 27 to be updated manually due to its size and complexity. Star Controls designed a new application, 28 StaRTU, which is a simplified ladder application offering enhanced communication capabilities 29 and improved operational efficiency. This application is user-friendly and brings efficiencies to the 30 communication system; and 31 WHEREAS, utility staff, in close collaboration with the Consultant, has implemented the 32 upgraded SCADA communication application over the past year at 50 small lift stations. The 33 vendor is assisting staff to implement the application at 5 major lift stations, and the utility staff is 392 34 completing similar upgrades at the remaining 120 lift stations; and 35 WHEREAS, the current request of approval is to utilize the same application to implement 36 system upgrades at source water wells to allow remote communication and monitoring for 37 efficient wellfield operations; and 38 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 39 in the best interests of the citizens and residents of the City to approve Task Order SCADA-13- 40 2024 with Star Controls, Inc., in the sum of $55,625 for installation of the StaRTU application within 41 the Utility wellfields in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data 42 Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services 43 Agreement. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 46 BEACH, FLORIDA, THAT: 47 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 48 being true and correct and are hereby made a specific part of this Resolution upon adoption. 49 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 50 approve Task Order SCADA-13-2024 between Star Controls, Inc., and the City for installation of 51 the StaRTU application within the Utility wellfields for the total fee of $55,625, as further described 52 in "Exhibit A," attached hereto. 53 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 54 authorizes the City Manager to execute any document that may be necessary to accomplish the 55 purpose of this Resolution. 56 SECTION 4. This Resolution shall take effect in accordance with law. 57 58 59 60 61 [signatures on following page] 393 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 394 CITY OF BOYNTON BEACH SCADA System Programming, Preventive Maintenance, and Repair Services Task Order Consultant: Star Controls, Inc. 1. Task/Prosect. Convert wells and ground storage tanks to StarRTU, SCADA-13-24 2. Scope of Services. The scope of services under this Task Order is attached as Exhibit A. 3. Deliverables and Schedule. Consultant shall deliver to the City the deliverables specified within one (1) year after complete execution of this Task Order and issuance of a PO by the City. 4. Compensation. The total Fee to be paid to the Consultant under this Task Order shall not exceed $55,625.00, based on the detailed fee schedule attached as Exhibit A. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the Supervisory Control and Data Acquisition (SCADA) System Programming, Preventative Maintenance, and Repair Services Agreement, dated February 27, 2020, by and between the City of Boynton Beach and Star Controls, Inc. ("Consultant"), RFQ No. 038-2821-19/TP. 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 8. Notice to Proceed. Consultant's receipt of a fully executed copy of this Task Order and a PO issued by the City shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully executed Task Order and PO were emailed to the Consultant. Star Controls —Task Order 6.11.24 (SRW) 395 CONSULTANT: STAR CONTROLS, INC. Print Name: CITY OF BOYNTON BEACH Daniel Dugger, City Manager Date: 12024 Date: 12024 Attest: City Clerk City Attorney's Office Approved as to form and legality By: Star Controls —Task Order 6.11.24 (SRW) 396 11555 Heron Bay Blvd Coral Springs, FL 33076 Phone: 954.604.6656 www.star-controls.com Products and Services Quote DATE: 3/1/2024 Quote # CBB20240301-01 Name City of Boynton Beach Address City State ZIP Phone Convert the Wells and Ground Storage Tanks to Ground StarRTU - SCADA-13-2024 Services 1 STR-PS-ENG Installation -Testing for West Field; Daily 5 $ 1,600.00 $ 8,000.00 2 STR-PS-ENG Installation -Testing for East Field; Daily 5 $ 1,600.00 $ 8,000.00 3 STR-PS-ENG Installation - Ground Storage Tanks 1 $ 1,600.00 $ 1,600.00 4 STR-PS-ENG Application - Discovery for Wells; Daily 2 $ 1,600.00 $ 3,200.00 5 STR-PS-ENG Application - Discovery for Tanks; Daily 1 $ 1,600.00 $ 1,600.00 6 STR-PS-ENG Development for Wells; Daily 3 $ 1,600.00 $ 4,800.00 7 STR-PS-ENG Development for Storage Tanks; Daily 1 $ 1,600.00 $ 1,600.00 8 STR-PS-ENG VTScada - Template Creation and Database Verification for Wells and Tanks; Daily 2 $ 1,600.00 $ 3,200.00 Total Services $ 32,000.00 Software Licenses 9 STARTU-P-MD2 StaRTU; Per Site; 51-150 30 $ 225.00 $ 6,750.00 10 STARTU-P-w-MD2 WaterWorks; Per Site; 51-150 30 $ 225.00 $ 6,750.00 Subtotal $ 13,500.00 Discount 40% $ (5,400.00) Software Annual Support 15% $ 2,025.00 Total StaRTU $ 23,625.00 Term & Conditions SubTotal $ 55,625.00 Quote Validity: 60 Days Shipping Payment Terms: Net 30 Tax $ - Invoicing: upon delivery of products or service T&L Contact: sales@star-controls.com TOTAL $ 55,625.00 397 RESOLUTION NO. R20-006 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN INDIVIDUAL AGREEMENTS WITH TWO FIRMS 6 AS A RESULT OF RFQ NO. 038-2821-19/1 FOR SUPERVISORY CONTROL AND DATA (SCADA) 8 SYSTEM PROGRAMING, PREVENTIVE 9 MAINTENANCE AND REPAIR SERVICES; AND 10 PROVIDING AN EFFECTIVE DATE. V311 3133Ew r - IT I ON 1� I � I I I I I I III III III ��111111II No. 038-2821-19/1 for Supervisory Control And Data (SCADA) System Programing, MM Mff=�� 1i11�11111 "I III I ��liiljjl pli 1 1 1,51'll . 11 • l Ism 0 111 1111411gliqlIpp� WHEREAS, the City Commission of the City of Boynton Beach, upa recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to sign individual Agreements with McKim & Creed, Inc., and Star Controls, Inc., as a result of RFQ No. 038- 2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services to be executed based on individual task orders in compliance with the purchasing policies and procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TliE CITY OF BOYNTON BEACH, FLORIDA, THAT: SACARESOAAgreements%SCADA Seri (2020) - Reso,docx DL -1 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 of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to sign individual Agreements with McKim & Creed, Inc., and Star Controls, Inc., as a result of RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCA A) System Programming, Preventive Maintenance and Repair Services to be executed based on individual task orders in compliance with the purchasing policies and procedures, a copy of the two Agreements are attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2020, [NIHME411 1100=1 "NA► Mayor — Steven B . Grant Vice Mayor — Justin Katz Commissioner — Mack cCray Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE U A "t Ad c st lGibson,MNIC ("ity Clerk 1(v 12 (')1 (Corporate Seal) SACMRES0\Agreements%SCADA Servicm (2022) - Regmdc" 399 v w " � � ' � ► � " :" � N, a MI *' � ", #fl M, a, Boynton Beach UtIlItles — SCADA System Programmin& Maintenance & Repair C-1 Re -rd 12/2019 MI 401 t The CONSULTANT'S Representative during the performance of the Contract shall �te telephone 2.1 The initial Contract period shall be for an initial term of Wo (2) years, commencing on the date this contract is last signed by the City or Consultant. The City reserves the right to unilaterally renew the contract for three (3) additional one (1) year perlods, under the same terms, conditions. The Services to be performed during the Initial two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 22 In the event that services are scheduled to end either by contract expiration or by ten-nination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or task$ is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (1180) 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 optional transitional period clause was Invoked by the CITY. 3.1 Work under this Contract shall commence on written notice by the CITY to the CONSULTANT by way of a task order signed by the City and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the task order, unless an extension of time Is granted in writing by the CITY. 4.1 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 as provided on Exhibit "A 11 attached hereto. M 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 checked by a MY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved, Jill 13 1 , ' 11 1 A gi '11tim"S1 -trill - -1JTcRW"UaV1-& iV ALT ,-,amed will *e macle wilffn ItY CJ ') iA TbW#y'#t' LTY (i D Af by the CITY after the completion of the Work. Buynton Beach Utilities — SCADA System Programmin& Maintenance & Repair C-2 Revised 12/2019 . .............. . . ......... 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Apreement. 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and ail cAaims, 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 of the CONSULTANT. 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 my result from this Agreement or out of the services or goods t!rnished hereunder. iO.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide odginals or certified copies of all policies, and shall be wrftn by an insurance company authorized to y' ;w; In Florida. 10.1.1 WorkeesCompensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Workers Compensation Insurance covering all employees with ts meeting all applicable state and federal laws. This coverage shall include Employees 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. BoynWn Beach Utilities — SCADA System Progrommin& Maintenance & Repair C-4 Revised 12/2019, ------- — ------ — -------------- . ............... W=z '05-4-4 131 Execution of this Agreement 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 Agreement is accurate, complete, and current as of the date of the Agreement 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 thM CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-wrrent wage rates or due to inaccurate representations of feee-m paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not e Y,- on the grounds of race, color, national origin, religion, cred, H ge, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Utilities — SCAD Beach A System Progmmming, Maintenance & Repair Revised 12/2019 ARTICLE 18 -ASSIGNMENT , . M_4#1111 01 is] 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party wfth 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. V" MW =11111 I MEURER 0*1 1=1 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Boynton Beach Utilities — SCADA System Programming, Maintenance & RepaIr C-7 Revised 12/2019 407 uncontrollablearty describing the ° 09"MOM if r,RFQ/RFP , .1 This Agreement, together with the attachments, represents the entre and integrated agreement CONSULTANTand the ed representations, agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. rXk " s, i r, fir: j Repair Boynton Beach Utilities — SCADA System Programmin& Maintenance & Revised 0.; 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each 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 after or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement, 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. 191 Z4 40101 23.1 Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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, followng completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and Boynton Beach Utilities — SCADA System Programming, Maintenance & Repair c -r Revised 12/2019 Z, M jq* 00 NOW0101 INA w 411TW 561-742-6061 GIBSONC BBFL.US Boyfftn Beach Utilkles — SCADA System Programming, Maintenance & Repair C-10 Revised 12/2019 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respecrive signatures, L *Dag#] DATED this 21 day of 200-0 UIT'Ymanager Attest/Authenticated: CONSULTANT -rzvi 1�"Ibe CJOM�T- R 0/ 1 '0"' loklt6l 66A r 'oRpor& 0 SEAL ....-(Co rate Seal) W M41"I'MIN Office of th Afforne C&r 0 Aevised 12/2019 Secretary MM 411 Chy,� , Boynton jr „ ' j i/ r i �r , �.�.��.t.omobft Ld lilky w l ��e UmK Bodoy lNury (W Pmon) 300100CLOC to be r ned Any Auto AlAut Owned AuWs BodNy injuiy Ow scddenf) to be ddwmkW to be Scheduled Autos Propyly Dernage rrr �50,00moo Fire Damage Hired l Mod, Expense COW GM person) $ 5.0W100 , �.�.��.t.omobft Ld lilky w l ��e UmK Bodoy lNury (W Pmon) 300100CLOC to be r ned Any Auto AlAut Owned AuWs BodNy injuiy Ow scddenf) to be ddwmkW to be Scheduled Autos Propyly Dernage rrr �50,00moo Hired l Non -Owned Autos PIP But Intwmodal _. Garage l.rlrb Auto Only, Eade Acciderd 1 p0tl $ 1 Any Auto other Than Auto Only 1X0, W Garage Keepers llatAlity p� pp� ry 99 x.00 to be demallkwu to be deburnhad 0% Umb based rare PmIW Cod be dskmlmd Risk ldoWed . __. _ n_ w to Insurance Adv1sory Form WE FEE SCHEDULE laisoneAdor! utly� Rates E Iden Ipy"s Project Director (Principal) $200.00-� Tzvi Magril - ---- ----- -- -------- -675e-R-§WiTi�i Manager - -- - ----- N/A - - — ------------- - - N/A - ---------- Proj c Manager $176.00 Dana Musumeel, Diego Pinto - ------------ — Charles - - - le- ----------- Monda Instrumentation & Control Fi- iq-j-i�F -EngI neer $175,00 — - - - - - - - ----------- Jarnes Mondale Senior Prof $200.00 Diego Pinto e m r -- -------- '5 Diego Pinto, James Mondele IWnWiyio� Fram- --- m--e--r---- ------------ — ----- __----------- $ 200�00 - ------ - - ------------ — ------- Ron Zetoun!---- ------ - ------ir Morales, - --------- - - - - - - Gr - ---------- - Rcado Gilbert eene - - -- - ----- — ----- - — - ---------- — ----- — - ------------ ----- - - -------- - ------ Boynton Beach Utilities -- SCADA System Programming, Maintenance & Repair Exhibit W 413 t iu In . III :4dy UUP s lfto o Mioiii,idale hmullan1 _If Miumapana - tl u°ural I Admi stra a��__� _; � u i ___ — ----- Juliana ISA uti nez Training l l u /I 11 Y Dlego Pinto, James U n ale pig„ cu l 1 1 uwu jp... 1 Offlice, Reprod dors, Mailing, n ltails L—,-- ---- I ------------------- — ----------------- j 1. ism .1na Boynton Beach UtIftles — SCADA m Nogrammiri& lWaIntersainim & RepaIr UNbit OW' 415 6/11/24, 2:26 PM Item Coversheet 7.D. Consent Bids and Purchases Over $100,000 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 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 February 15, 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 McKim & Creed, Inc. ; Supervisory Control and Data (SCADA) System Star Controls, Inc. Programming, Preventive Maintenance and Repair Services SOLICITATION RENEWAL TERM AMOUNT NUMBER Annual Estimated RFQ No. 038-2821- February 27, 2022 - Expenditure 19/TP February 26, 2023 $100,000 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? Grant Amount: Attachments: Type D Attachment D Attachment D Attachment Description Bid IE::xLei ns loins and IFIig gy Backs oveir $100,000 Reinewdalll Ilnd.eiresat Il...eL; eir IMla:,lKliirrrn Creed inc, 2022 2023 Rei new all Ilirnd.eiresL II....a:,t eir S. air Controls inc, 2022 2023 W] 416 https://boyntonbeach.novusagenda.com/AgendaVVeb/CoverSheet.aspx?ltemID=12566 „ , 6/11/24, 2:27 PM Item Coversheet 6.K. Consent Agenda 1/3/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 1/3/2023 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 20, 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 TERM AMOUNT NUMBER Task Orders assigned on as needed McKim & Creed, Supervisory Control and Data (SCADA) City of Boynton Beach February 27, 2023 Basis Inc.; Star Controls, System Programming, Preventive RFQ No. 038-2821- — February 26, by various departments within budget Inc Maintenance and Repair Services. 19/TP 2024 parameters (Any Item over $50K will be brought back to Commission). 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? Grant Amount: Attachments: Type Attachment Attachment Attachment Description Bid II:::Cxteairn iioirns:a and IRiiggy.lBacks under $100,000 Reirnew alllIlirnfle fres: Il....etneir ... Sair Controls, linc, 2023 2024 Reirnewalll Ilirafle:ire::s: Il....etneir... IMdKiiirn & Cireed 2023 2024 W] 417 https://boyntonbeach.novusagenda.com/AgendaVVeb/CoverSheet.aspx?ltemID=13908 Consent Agenda 01/16/2024 Proposed Resolution No. R24-015- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for January 16, 2024 - "Request for Extensions and/or Piggy -backs." Requested Action: Approve Proposed Resolution No. R24-015. 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 piggyback governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to the 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). How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under the line items as noted on the attached 418 DESCRIPTION SOLICITATION VENDOR(S) OF NUMBER RENEWAL TERM AMOUNT SOLICITATION Task Orders Assigned on an Supervisory as -needed basis Control and Data by various McKim & Creed, (SCADA) System City of Boynton February 27, 2024 departments Inc.; Star Programming, Beach RFQ No. - February 26, within budget parameters (Any Controls, Inc. Preventive 038-2821-19/TP 2025 Item over $49,999 Maintenance and will be brought Repair Services back to Commission for Approval) How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under the line items as noted on the attached 418 report. Attachments: R24-015 App roving_one-year_extension_for_RFPs-RFQs-B ids_and_or_piggy-backs_- _Reso.docx $100K under REQUEST FOR BID EXTENSIONS January 16 2024 Report Renewal Interest Letter - McKim -Creed Inc 2024-2025 SIGNED.pdf Renewal Interest Letter - Star Controls Inc 2024-2025 Signed.pdf 419 Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-129- Approve and authorize the City Manager to sign an Amendment to the Officers & Detectives, Sergeants, and Captains Collective Bargaining Agreements, between the City of Boynton Beach and the Palm Beach County Police Benevolent Association Inc. (PBA) regarding wages and pension for the Officers, Detectives, Sergeants, and Captains of the Police Department. Requested Action: Staff recommends approval of Proposed Resolution No. R24-129. Explanation of Request: On September 22, 2022, the City Commission ratified the collective bargaining agreements for the City's Police Officers & Detectives, and Police Sergeants. On April 4, 2023, the City Commission ratified the collective bargaining agreement for the City's Police Captains. The City and PBA Union engaged in impact bargaining relating to the wages for the Officers, Detectives, Sergeants, and Captains of the Police Department. The Amendment will: • Effective July 1st, provide a 5% salary adjustment for Officers, Detectives, Sergeants, and Captains, as well as provide their previously approved 3% COLA which would have occurred on October 1st. • Increase the starting pay for Police Officers to $73,000.00; • Allow the Department to place experienced officers hired since October 1, 2022, into higher steps (up to Step 5) based on experience; however, the step placement would not be retroactive and would be on a going -forward basis; • Effective October 1 st, update the normal retirement eligibility from completion of the earlier of attainment of age 55 with at least 10 years of credited service or completion of 20 years of credited service regardless of age. The results of the ratification vote on June 6th and 7th, 2024 were as follows: • Officers/Detectives 0 82 For the Agreement & Zero (0) Against Sergeants 0 21 For the Agreement & Zero (0) Against Captains 0 6 For the Agreement & Zero (0) Against 420 The City and the Union desire to memorialize their agreement as set forth in the Amendment. How will this affect city programs or services? The approval of this Amendment will allow the Boynton Beach Police Department to remain competitive with other agencies within South Florida. Having the ability to offer a higher starting salary for Police Officer Recruits and Police Officers will help improve the departments recruitment and retention efforts. The approval of this Amendment will increase the starting pay of certified officers to $73,000. It will also provide the ability to offer experienced law enforcement officers, with commiserate experience, an annualized salary up to step 5 of the pay -plan will make the Boynton Beach Police Department a desirable employer for highly skilled and experienced officers. Ensuring greater recruitment and retention efforts will allow the Boynton Beach Police Department to maintain a high level of service to the residents of Boynton Beach and enhance the overall safety of our community. Fiscal Impact: The current collective bargaining agreement provides a 3% cost of living increase on October 1, 2024, and an increase (approx. 5%) in pay at each step on their anniversary date. This proposed Amendment will provide employees with an additional 5% salary adjustment as well as their pre -approved 3% cost of living increase and pay plan step increases, effective July 1, 2024. Attachments: R24-129 Agenda _Item_1693-2023_Resolution_for_PBA_Collective_Bargaining_Amd.docx Amendment to_CBA_Police (1).docx R22-129 Police Officers and Detectives.pdf R22-130 Sergeants.pdf R23-041 Captains.pdf 421 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 RESOLUTION NO. R24-129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE OFFICERS & DETECTIVES, SERGEANTS, AND CAPTAINS COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION INC., REGARDING WAGES FOR THE OFFICERS, DETECTIVES, SERGEANTS, AND CAPTAINS OF THE POLICE DEPARTMENT; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, the City of Boynton Beach, Florida ("City") and the Palm Beach County Police Benevolent Association, Inc. ("PBA") entered into a Collective Bargaining Agreement for Police Officers and Detectives for the period of October 1, 2022 through September 30, 2025, approved by Resolution No. R22-129 on September 22, 2022; and WHEREAS, the City and PBA entered into a Collective Bargaining Agreement for Police Sergeants for the period of October 1, 2022 through September 30, 2025, approved by Resolution No. R22-130 on September 22, 2022; and WHEREAS, the City and PBA entered into a Collective Bargaining Agreement for Police Captains for the period of October 1, 2022 through September 30, 2025, approved by Resolution No. R23-041 on April 4, 2023; and WHEREAS, the City and PBA Union engaged in impact bargaining relating to the wages for the Officers, Detectives, Sergeants, and Captains of the Police Department; and WHEREAS, the Amendment will: Effective July 1st, provide an additional 5% salary adjustment for Officers, Detectives, Sergeants, and Captains, as well as provide their previously approved 3% COLA which would have occurred on October 1St; Increase the starting pay for Police Officers to $73,000.00; • Allow the Department to place experienced officers hired since October 1, 2022, into higher steps (up to Step 5) based on experience; however, the step placement would not be retroactive and would be on a going -forward basis; • Effective October 1st, update the normal retirement eligibility from completion of the earlier of attainment of age 55 with at least 10 years of credited service or 422 34 completion of 20 years of credited service regardless of age; and 35 WHEREAS, the City and the Union desire to memorialize their agreement as outlined in 36 the Amendment; and 37 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 38 in the best interests of the citizens and residents of the City to approve the Amendment to the 39 Officers & Detectives, Sergeants, and Captains Collective Bargaining Agreements between the City 40 of Boynton Beach and the Palm Beach County Police Benevolent Association Inc., regarding wages 41 for the Officers, Detectives, Sergeants, and Captains of the Police Department. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 44 BEACH, FLORIDA, THAT: 45 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 46 being true and correct and are hereby made a specific part of this Resolution upon adoption. 47 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 48 approve an Amendment between the Palm Beach County Police Benevolent Association, Inc. 49 ("PBA") and the City to the Collective Bargaining Agreement for Police Officers and Detectives, 50 Collective Bargaining Agreement for Police Sergeants, Collective Bargaining Agreement for Police 51 Captains for the period of October 1, 2022 through September 30, 2025 (the "Amendment"), in 52 form and substance similar to that attached as "Exhibit A." 53 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 54 authorizes the City Manager to execute the Amendment and such other related documents as 55 may be necessary to accomplish the purpose of this Resolution. 56 SECTION 4. The City executed Amendment shall be forwarded to Lynn Nazario to 57 obtain the execution of the Amendment by PBA. Lynn Nazario shall ensure that one fully executed 58 Agreement is returned to the City to be provided to the Office of the City Attorney for forwarding 59 to the City Clerk for retention as a public record. 60 SECTION 5. This Resolution shall take effect in accordance with law. 61 62 [signatures on following page] 423 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 424 AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT (PERC BARGAINING UNIT CERTIFICATIONS 807 (Officers and Detectives), 1375 (Sergeants), and 2020 (Captains)) by and between PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. and the CITY OF BOYNTON BEACH WHEREAS, the City of Boynton Beach, Florida ("City") and the Palm Beach County Police Benevolent Association, Inc. ("PBA") entered into Collective Bargaining Agreements for PERC Bargaining Unit Certifications 807 (Officers and Detectives, 1375 (Sergeants), and 2020 (Captains) for the period of October 1, 2022 through September 30, 2025 (collectively the "CBA"); and WHEREAS, due to rising market standards and the need for the City to competitively recruit its police force, on May 15, 2024, the PBA requested the City reopen bargaining for wages for the three sworn bargaining units, Officers and Detectives, Sergeants, and Captains; and WHEREAS, the City and PBA desire to amend the CBA as further set forth herein; and WHEREAS, the parties recognize, acknowledge, and agree that the amendments described herein shall not take effect unless and until such time that this Amendment is approved by the PBA and the City Commission. Now, therefore, the City and the PBA agree to amend the CBA as follows (bold/underlined text delineates additions, and strikethrough represents deletions): 1. Article 11 (Wages) of each respective bargaining agreement is hereby amended as follows: Officers/Detectives Collective Bargaining Agreement: Section 1. ° Year 3: On July 8eteber 1, 2024, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 10. sa-" Page 1 of 5 425 Step Salary 0 $73,000 1 $75,254 2 $77,442 3 $81,314 4 $85,314 5 $89,649 6 $94,131 7 $98,838 8 $103,780 9 $108,969 10 $114,417 Section 3. For newly hired officers. the Chief of Police has the discretion to decide their starting pay level, including those hired after October 1, 2022, up to a maximum level of step 5. Such step placement will be on a going -forward basis (i.e., no retroactive pay). This section will be null and void as of September 30, 2025, at which point the below struck -through language regarding starting pay will go back into effect, The star -tong rate of pay for newly hired peliGe officers, who were aGtively empleyed for a minimum of two (2) years as a Gertified law enforGement effiGer wit ri+w+.+arable agenGy, •gill be GaIG fated as follows: - - Upon hire, effiGer will start at - Upon Gempletion of the offiGer is eligible to advanGe one (1) step4e-r e every two (2) full years of prier c-emparable certified law enforcement serviee to a - ..f Step 2 Page 2 of 5 ►,.p Sergeants Collective Bargaining Agreement: Section 1. • Year Three: On July Octebef 1, 2024, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 5. Salary $ 115,704.00 $ 119,752.00 $ 123,945.00 $ 128,282.00 $ 132,772.00 $ 137,418.00 Captains Collective Bargaining Agreement: Effective the first full pay period following the effective date of this Amendment, QGtebeFT 2424� the following Step Pay Plan is in effect: Page 3 of 5 427 Salary 142,695 146,912 151,257 Effective July 1, 2024 RetFoactive to -October 1, 2021, bargaining unit members will be placed in the step that corresponds with his/her current years of service with the City in the rank of Captain to a maximum of Step 3. RetFeaGtive pay will be received by they first full pay peried following the .pato of mutual ratification of this Agreemor.+. On the anniversary date of the member's promotion to the rank of Captain, (s)he will advance to the next step. There is no payment or advancement beyond Step 3. 2. Article 35 (Pension) of the CBA is amended as follows: Section 2. Agreed Changes During Bargaining of Current Agreement • A Mutual Consent Agreement, included as Addendum "B," provides that the City will receive a total of $150,000 in $50,000 increments in November of each year of this Agreement (2022, 2023, 2024). • DROP — Effective October 1, 2022, all active members are eligible to participate in an eight (8) year DROP with a seven percent (7%) guaranteed interest rate on their full DROP balances. Members are required to resume contributions at three percent (3%) for years six (6) through eight (8) of the DROP if they opt to participate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required to separate from service prior to October 1, 2022. • Effective October 1, 2024, normal retirement eligibility is from completion of the earlier of attainment of age 55 with at least 10 years of credited service or completion of 20 years of credited service regardless of age. 3. The City and the PBA agree further: That the agreed upon modification to the aforementioned Article shall appear in said Article, substituting for and replacing only the language in the subsection modified hereby; 2. That this Amendment shall be effective from the date of execution through and including September 30, 2025; and, 3. That the Parties represent that they have full legal authority to enter into this Amendment. Page 4 of 5 428 IN WITNESS THEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives on the day of , 2024. FOR THE CITY FOR THE PBA Daniel Dugger, City Manager John Kazanjian, President Page 5 of 5 429 I RESOLUTION R22-129 2 3 A RESOLUTION OF THE C TTY OF BOYNTON 4 BEACH, FLORIDA, RATIFYING Tfl E AGREEMENT 5 BETWEEN THE CITY OF BOYNTON BEACH, 6 FLORIDA AND THE PALM BEACH CIOUNTY 7 POLICE BENEVOLENT ASSOCIATION FOR THE 8 POLICE OFFICERS AND DETECTIVES FOR THE 9 PERIOD OF OCTOBER 11 2022 THROUGH 10 SEPTEMBER 30, 2025, AND AUTHORIZING AND 18, DIRECTING THE INTERIM C11 Y MANAGER 'TO 12 SIGN THE A(....REEMENT; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the ity of' Boynton Beach and the Palm Beach County Police 16 Benevolent Association have successfully concluded negotiations for a three (3) year 17 contract fear the Police Officers and Detectives; and 18 WHEREAS, the City Commission ot'thc City of` Boynton Beach deenis, it to be in I the best interests ofthe residents and citizens of Cit ,. 20 Agreement and exCCUte the same, 2:1 NOW, THEREFORE, BE ITRESOLVED BY THE CITY COM MISSION 22 23 OFTHE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 'Sect on: I. o The foregoing "WIIER[IAS"' clauses are true and correct and hereby m 2 j 26 ratified and C011firMed by the City 27 Section 2. The City C'0111111kSi011 of` thaw, City of Boynton Beacill, I'lorida does 28 29 30 31 32 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association Police Officers and Detectives Unit for the period of0clober 1, 2022 through September 30, 2025, and authorizes and directs the Interim Clity Manager to sign, the Agreement, as copy or said agreenient being attached hereto as F'I'xhibit "A", S Ratjficalmn,,,1111K' VBA and Detecoves CHA 21)22 25 - Reso,docx E, 19 if T,3 Section 3. This ResolUtion vill become effiecalve immediatelyUPOII passage. A PASSED AND ADOPTED this 22nd clay of September, 2022. 13 M (Corporate Seal) III, 11111i'l 1111111111211�� Mayor - Ty Penserga Vice Mayor - Angela CtLJ,Z Commissioner - Woodrow L. Hay t,// Commissioner - Thornes Turkin Commissioner - Ai rnee Kelley VOTE 5 MP /Ml NTO Ty ns,, a M yo APPS S Tr ef '10 RPL,v'� ... ........ Michael D. Grullo, Jr. City Attorney S'+('A',RlaISO\Ag,�'coiit!nls",('B,IA OCficeis and Deicufiv(,,� CBA 2022-25 , keso,dcwx 431 AGREEMENT BETWEEN CITY SDE BOYNTOiN BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFF'I'CERS AND (DETECTIVES OCTOBER 1, 2022 SEPTEMBER 30, 2025 PSA Officers and Detectives: 10/01/202,2 — 09/30/2025 11 f-11 4 R 4 1501 ARTICLE PAGE NO 1 Preamble 1 2 Recognition and Notice 2 3 Non -Discrimination 3 4 Dues Deduction 5 5 Union Business 6 6 Bulletln: Board 7 7 Assignment IPay 8 8 Vacancies and Probation 91 9 Management flights 10 10 Hours of Work and Overtime 11 11 Wages, 14 12 Seniority 16 13 Additional Monetary Benefits 17 14 Uniforms 20 15 Annual Occupational Fitness Evaluations 21 16 Group Insurance 24 17 Leaves 26 18 Holiday Pay O 19 Funeral Expenses, 32 20 Training 33 21 Career Path Program 34 22 Personnel Records 5 23 Legail Action, 36 24 Discipline 37 25 Appeals of Disciplinary Action 39 26 Grievance and Arbitration Procedure 41 27 Personal Vehicles 45 28 Drug Testing 46 29 Posting of Assignment and Promotional Opportunities 47 30 Complete Agreement and Ilion -Waiver Provision 48 31 Severability 49 32 Duration 50 33 Take Home Vehicles 51 34 Off Duty Details 52 35 Pension 54 36, Reserved 56 37 Workers" Compensation and Leaves of Absence 57 Appendix 1: Fleld Training and Police Training Officers 61 Addendum "A" — Drug Free Workplace Policy 62 Addendum "B"' — Mutual Consent Agreement (IPTR) 75 Addendum "C" — Tuition Assistance Program 77 E, NX ARTICLE 1 Thiiis Agreemient is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Beach County Police Benevolent Association, Inic., located in West Palm Bieach, Florida, hereinafter referred to as the "'PBA,," Association, or Union, for the purpose oy setting forth the Parties" Agreements regarding rights, wages, hours, terms and cond'itionis oY employment, and benefitsi. 1 434 PSA Officeirs and Detectives, 10/01/2022 - 09130/2025 #Arr TLM7re—f #R-tYT-F-.g7Tr"A7"#=,F T and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the fol,lowing jobi cl'aissificati�ons: Police Officer and Detective, or as mod'ified by PERC., The term "member"or "'employee" will mean any member in the bargaining unit, Al�l notices concerning the wages, benefits, and! conditions of empiloiymient of biargiaiininig lPRAAre19Akv�"vM, 2 c*;ky t-#4h,—R.111,A General Counsel and mailed or delivered to 21001 N. Florida, Mango Roaild, West Palm, Beach, FIL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. �Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBiA. All notices to the City will be addressed to the City Manager with a copy to the City's Huimain Resources Director aind mailed to P.O. Box 310, Boynton Beach, FIL 33425If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA, Notice by the PBA to anyone other than t�hoisei persons designated by the City Manager does not satisfy legal notice aiind is not binicling on the City. 2 435 PBA Officers and Detectives,: 10/01/2022 - 09/30/2025 ARTICLE 3 RU60191MIZIM-Eallus N The City will not interfere with the rights of officers to become members of the PiBA, and! there shal�l be no discrimination, interference, restraint or coercion by the City, or any City represenit�ative, against any officer becauise of membership or because of any activity in any official capacity on behalf of the PBiA. The P,BA shall not discriminate against any, bargaining unit member who faills to join the PBA, as provided by law., The soile remedy for charges in this paragraph is the fil�i�ng of ain Unfair Labor Practice (ULP,). The City and the, PBA oppose d�iscriminatory behavior of any nature. The City and the PBA shall work jointly to erad'icate datory conduct in the work place. To that end, the City, and! the PM 2g-Fee-0�2t-IpWir-�� it occurs, in their presence or comes to their attention. Discriminatory conduct by, an employee can result in disciplinary action up to and including term,ination, Discriminatory conduct means aniv co:itioi-t. verbW-Qx—&o-t-verV?.el t-91 �.$ LVA4P7: WO I MHEM. unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or arbitration procedure established er, they may be filed with and remedied by the appropriate local, state, and;/or federal agency. Sustained allegations of violations of this paragraph resulting from, an internal investigation remain subject to the grievance and/or arbitration procedures established herein. 7, City's Director of Human Resources and Risk Management and Internal Affairs, W-717117 "'WITN'Tr-17 0 1 111 111 Any investigation into a complaint of a Law Enforcement Officer's alleged vioon of any proivision of a laiw/regul,a!tion under the purview of the Equal Employment Opportunity, ?M SE* tffic-e� Director of Humani, Resources and Risk Management, As such, the Director of Human Resources Wq-1W.' any such complaint/allegaition made against a Law Enforcement Off icer and of the opening of an Internal Ae/investigation relailted to such complaint/alliegation. The Director of Human Resources and Risk Management is subject to all confidentiality, requirements applicable to Internal Affairs investigations and the penalties for violating any such pirovision. Mill 1111 MOW promptly review the complaint/all;egatioin and any information provided in connection with the c�omplaint/allegaitioin, Internal Affairs investiga!tor(s) shall then confer aind consult with the Mr of Human Resources, and Risk Management on aill aspects of the investigation., The 3 436 PBA Officers and Detectives. 10/01/202,2 — 09/30/202S Diirector of Human Resources and Risk Management may be pres,ent at any investigatory interview/interrogation but may not direct�l'y quest�ilon a member during that interview, unless reedby the member. Any complaint of a, Law Enforcement Officer's alleged' violation of any provision of a law/reg�ulaition under the purview of the EEOC that is made directly to, or fileid directly with, a member of the City's Human Resources and Risk Management Department shall' be immediately i referred' to the Police C�hiief (or Acting Police Chieif). The City shal�l follow aill provisions of law set forth in Florida Statutes, Sections 112.532, 1U533, and 112,534, commonly known as the "Police Officers Bill of Rights,," throughout the investigation, 4 437 P BA Office rs and Detective s: 10/011/2022 -09/30/202 ARTICLE 4 The City will deduct Union dues from the pay of any bargaining unit member who, voluntarily req�uests such d�eduiction,s upon receipt of a notice, from the PBA and approval by the City. The total amount of ded�uct�ionis shall be remitted each month by the City to the Treasurer of the PBA. This • shall remain in full force and effect during the term of this Agreement or for e P -41,40e SOO,' �T4M • 5 438 Elected PBA re,presentativeisi who are on duty may be granted paid leave to engage in representation act,ivitie,s, on behaillf of the PBA or any member as follow& A, Engaging in collective bargaining with the representait�ives of the City. B. Processing of grievances. C. Accompanying a fellow bargaining unit member when. 1. The member is required to appear at a hearing, related to a grievainice, Z The member is presenting or responding to a griievaince. 3. The member is subject to questioning and believes, (s)he may be disciplined. The City may negate the member's concern regarding diisciplinie by written confirmation to the officer that (s)lhe will not be disciplined based on answers Provided in the questioning. 4. The member is attending a pre-cletermination, hiearinig, The City may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employeid by the City may be permitted to take unpaid leave to attend I functions of the PBA. if the leave results in the City incurring overtime directly related' to the a bse nce, the City wi I I not .p pNu. heq ues,t. ?si referenced in Section 1. 6 439 PBA Officers and Detectives: 10/01/2022 - 09/30/2025 W11141132M, a---. The City will provide bulletin board space; one, in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for post�ing buillet�ins, not�ices and other union miat�eriail. The Union will supply loickin,g style bulletin boards. A notice or item placed, on the 'c0lefliN � P -e legN #m *Rhei rRA w. w.. f#r Alacing **ar;� s�cfll �Iear *ei its face, th sle1esignati, this notice or item on the bulletin board. The Union will hoild harmiless and indemnify the City i for all claims or actionis ari�sing from materials placed on the bulle:tin board. 7' 440 W3111MI ASSIGNMENT PAY A 0315 ANCTMI 41 1 a a to - I M "s W -RK H-MT.Mil i *WIN 9 91 P, Lju�?L�t 69, 1 M9 ASSIGNMENT: MONETARY VALUE- FTO/PT01 7% when actively training for one or more full shifts. 10% when engaged in actual re,sponise; not training, 10% when engaged in actual response; not training, K-9 and Therapy Dog Unit Em!plloyeNes assigned to the K-9 Unit or to, work with a therapy canine wilil receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each regular day off, vacation day when the dog is not kennelled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Employees on vacation +wvilll be credited one (1) hour per day for K-9 care, equipment maintenance and vehicle cleaning. ZHIMEM =.. FIT-TMOM W No further promotions to the raink of Detective First Grade (DFG) will occur (the rank had be eliminated). The member's that had been promoted into that position are griandfathered" in,, a have a base hourly rate of'pai,y that is ten percent (10%) hilgher than the Off icer's step 10., I See Appendix 1 for FTO & PTO program guidelines, I 8 441 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 ARTICLE 8 Section 1. Vacant positions shall be filled by the City through rec�ruiitment and selection of i employees on the biasi'ls of their qualifications and relative knowledge, abilit�ies, and skills, The decision to fill a vacant position is reserved to the discretion of the City, Manager. Section 2. Veterans' Preference: The City complies with alll Veterans" Preference requiremnts pursuant to Chapter 2021-57, Laws of Florida and F.S.S. 295M., Section 3. Police Officer Recruits that are sponsiored by the agency have a probationary period of one year that stts after passing the FDLE certifi cation exam. Section 4. All newly hired certified officers have a probationary period of one (1) year from the date of hire. Section 5. Probation may be extended for the following reasons with concurrence of'the Poli' Chi�eif, Human Resources Director, and City Manager- I ai. For reasons of performance, probation may be extended for an additional ninety (90) days. b. Forany extended absence in which the employee is unabile to fully participate in tra,ininig aind/or does not have sufficient time in service in, which to be evial�uated, probation may be extended for an amount of time deemed! reasonable by the City, but not to exceed the totall length of cumulative absences. 9 442 I OY MANAGEMENT RIPHTS It is the right of the City to determine unil'aterally the purpose of its, Police Department, set standards, of services to be offered to the public, and exercise control and discretion o_w wver its XT"AA. A -A consequence of violating, the terms and conditions of any collective bargaining agreement in fo rce, If the City fail's to exercise any one or more of the a,bove functions from time to timie, it shall not be deemed a waiivier of the City's right to exercise any or all of such funct�ions,. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remaiin with the City, 10 443 PBA Officers and Detectives: 10/01/2,022 — 09/30/2025 The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned! to 8 and 10 hour shifts is, a 7 day work cyc�le. For the urposei of calcy ating, overtime. bar,, aining unit members ass_iqnedo to the 11.5 hour t MEN., ''I 11111� 71 For purposes of cag overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. I *vertime paiy, when so granted, will normal'ly be contained in the member'si next regular p check, following the time woirked�. i Employees who are in ain oni-dulty status within seven (7) minutes, either prior to orafter their shift will not be eligible for overtime pay. Employees who are iin an on -duty status more than in order to be eligible for overtime pay. _ —'r ..1U) ITFUR-77-M If Me q1tarter MITIF cj#,n 785148. Ex�aimple: 6 07 700 741-1- 7:30 7'-3i8 — 7:52 7:45 Pursuant to Article 9, it is a Management Right to establish and chainge the starting and' ending times. Individual work schedluiles maybe f'lexed (hour for hour) by personnel assigned to specialty Flexing of time must occur only within aso ' ngle work week. U'niform, Services (grouip) shift x-hd6i �v chtn&:4, M-Shriet-tl-m E*f oevrk-m q --t notice to the Union of the change,. 11 444 P1BA Officers and Detectives, 10/01/2OZ2 —09/30/ tt s Step 1.- Vacancies will be ed with the off -going shift platoon by seniorit�y. Step 2: These vacancies will be first offered to all Road Patrol Officers called in through seniority list. A. The list will start with the most senior road patrol officer eligible to work call- back overtime by ID number. B. In the event the shift vacancy is filled, the list will reset to the most senior road patrol officer. Step 3: All other personnel eligiblle for call-back overtime by seniority. A. Must be eligible to work the entire shift vacancy. Step 4: Detective First Grade personnel called in by seniority. A. Muist be eligible to work the ent�iire vacancy. Step 5: Ordered in by reverse seniority. N o; m e mber of the Ba rga in I ng U n it shia I I be req u i red o r a 1 lowed to work more tha n eighteen (18) continuous hours except during a declared emergency or during an ongoing imm-,w ,. w dation or when overtime is required to complete an wuty assignment, i.e. late arrest. Members of the Bargaining uinit acknowledge that they have an obligation to come to work phiysica I ly and me nta I ly pre pia red to eff i cient Ily and effectively carry out the iir responsi bi I ities. For the pilurpiosiei of this Section, work means regular ass,igned duties and' detail assiginments. The continuouls eighteen (18) hours does not include time spent in, coiurt, d�epositions, filings, and similar judlicial responsibilities, Members who work eighteen (18) hours continuously within the past twenty-four (24) hours must remain off duty for a minimum of six (6) hours,. .1iDR& 111 �! 1 l 11111 UM 01IL11111 LFIC dfV_tCTd 1 3 n a 17 1 r A T 71". noetsiar Ting friat ine employee si primary duty, obligation and' responsibility is to the City. Outside employment shall not be permitted when the City �Manaiiger determines that such outside employment would result in a, conflict of interest, i�nterfere with the employee's City work schedule, or otherwise be a conflict with the empoyee's employment with the City. To request approval, an employee sholuld-, �a) F�ilei an "Outside Employment Request Form & Affidavit" with the Hulmain Resources Department. The employee must notify the Human Resources Department of changes in conditions of ainy outside employmient. (b) Make arrangements with the outside emiployer to be relieved from duty if called for work by the City, (c) An employee must report all injuries sustained' during any outside employment to the employee's Sergeant and to Risk Management prior, to the emiployee's, next s,chedul,led 12 445 PIRA Officers and Detectives: 10/01/2022 - 09/30/2025 work d�aiy at the City. An employee's failure to repiort an injury sustained during outside emiploounds for corrective action. 13 446 F-IT'IRWTAM Section 1. Effective October 1. 2022 the folloWin Siteo Pav P1,7is is, in effect year One: On October 1, 2022, each bargaining unit member will be placed in the step that correisponds with his/her current years of sworn se,rvic�e at thie City. On the anniversary date of'the miember's sworn) service date, (s)he will advance to the next st�epi. There is no payment or advancement beyond Step 10. Yeiar Two: On October 1, 2023, each bargaining unit member will be pl'aiced in the step that corresponds with hiiis/her current years of sworn service at the City. On the anniversary date of thie member's, sworn service date, (s)he will advance to the next step in the pay plain. There is no payment or advancement beyond Step 10. 14 447 YearThree: On October 1, 2024, each bargaining unit member will be, placed i'in the step that corresponds with his/her current years of sworn: service at the City. On the I anniversary date of the member's sworn service clate, (s,)he wiill advance to the next step in; the pay pl�ain. There is no payment or advancement beyond Step 10i. Section 2. Grandfathered Detectives First Grade are paid at an hourly base rate that is ten percent (10%) higher than the step rate that corresponds to their current total) years of sworn service at the city Section I The! start�ing rate of pay for newly hired' ploilice officers, who were alctiveily employed for a minimum of two (2) years as a certified, law enforcement officer with a comparable ageni:cy, will be c?lculate,0 as folio EEME3MM 0 Upon compile:tion of probation, the officer is eligible to advance one (1) step for every two (2) full years of �prioir comparable certified law enforcement service, to a maximum of Step I is 448 ARTICLE 12 4417150T."Wl Section 1. Seniority consists of continuous, accumulated paid sworn service with the Boynton Beach Police Department, Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern, or in the case of layoffs be a factor in, the following matters: By reverse seniority. Members whio have bieen laid off are subject to recallil for upi o. B. Serni-Aninual Shift Bidding Process. If a, member voluntarily transfers back to Road Pat ro I from a Specia Ity U n �it, h is/h e r s h ift wi 11 be assign ed by the Chi lef of Pol ice (or Designee) biased on operational needs. I I C. Any special event (Holiday Parade, july 4th, or aniy other evenit) shall be offered through a rotating list of bargaining unit personnel based upon Department seniority, This section does not apply to special event which require specified and est�aibilished training and skills. Section 3. weiight in the sel'ectioin process, after qualifications, and balance of personnel are coins,idered�. Seniority may not in all caseisi be a prevailing qualification or the sole basii'ls for the s,electioni. The decision may be reviewed upon request by the Chief of Police whio hiaiis the final decision. Section 4. Section S, Employees who separalte from employment with the Boynton Beach Police Department aind thereafter return to employment shall not be permitted to bridge seniiority. 16 449 PBA Officers and Detectives, 10/01/2022 - 09/30/2025 F-11 1101111 IM 0 F-11 I IF, III z141 k I I VW:T*LT*HR - . w• I -0 * . 11 0 (a) Bargaining uniit members, may be eligible for compeinsatory time accruial at the discretion of the Police Chief (or Diesignee) for participating in requilred educational and/oquiredtraining' act�ivi,ties, special projects, and/or evenits. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following-. w w w w w fig A w w - (b) A bargaining unit member who is promoted to a position outside of the Police Officers & Detectives bargaining unit, or who separates from employment, will be paid'! the balance of all, unused compensatory time at his/her last hiourly baise rate of pay in the Police Officers' or Police Detectives' raink., A notification/call-out may be done by e-mail if a shift vacancy is expected/known, prior to forty- eight (48) hours of the shift needing coverage. This notification would be for aill members, including the off-godefined as any time an officer is called into work when he/she is off duty, or when the work time is not contiguous with hiis/her assigned, shift, In the event of call back, the employee shall be compen:sat�ed for the actual time worked, but not less 17 450 PBA Officers, and Detectives: 10/01/2022 — 09/30/2025 IN 11 entire three hours ooniger. When an officer is called for call back, his/her supervisor will indicate as to whether or not (s)he should arrive in uniform or in plain clothes, if the option, is available. MUMMUM Any bargaining unit member who is on an "on-call" status (othieir than coas outlined Article 14,i Section 3) shall receive compensation of one hour of pay at time and one half for ea day, (24-houir period) (s)he is on cal�l. No member will be placed in an oni-icall status, without t approval of a Command Staff member. The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department, Any officer who accepts and particiipates in a shift swap will follow the proper protoco�l. No officer shaill pay or otherwise compensate a fellow officer for swapping shifts. If a replacement without penalty, If any officer abpeige by calling in sick the first time, they wil�l lose the sick time (per hour) and'bie suspended from shift swaps for three (3) monthis. The second" subs,eqal'il will be a six (6) month sus,piension from shift swaps, and the third sick call could force the imemiber to be permanently disqualified from shift swaps. The member calling in sick will not be peed if they provide a le, e excuse or, provide, documentation of be i nig s I ck. 18 451 1, 1:11'i 11��11111111111 ; I i!i: 31m=. WMI"i'MCF. twe L in his/her regular hours of work except when an emergency exists, Notice given that is less than entiltles the officer to receive compenisation at the rate of onile and' one-half (1.5) times his/her' I regular hourly rate for the first day of his/her tour of cluty. -;M�j-qzf 00,0., 2 lt-2A"IAE�ffi Vc,"44w� is,�-A Uif e4i t,-# M tee f proceedings ais a representative for the City, seminars, or for any other reason als a result of his�'her official Citij duties as a 'colice officer 1,s1he will be isiaid his.jeher day or partial day required for said purposeIs. Following October 1, 2022, on the aiinniiversary date of the miembIer"s sworn service clate, in recognition of the continued service and of the value thailt experienced Officers and Detectives provide to the Police Department, the City will provide a Continued Service Incentive at the fol'lowing milestones, as an annual incentive payment on the member's said anniversary clatel: Years Amount 11-15 $ 750,.010 161 — 20 $1,500,00 21+ $13,000,00 MieImbers, who are proficient/fluent in speaking, reading, writing, and understanding oral coimmunicationis in the, languages of Creole or SIpIainisih and who have successfully paiss,ed a language proficiency test through a vendor approved by the City and the Union are eble to receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour, [Note: The City and Union will collectively determine the standard proficiency level requiredl fobility onilce a venclor(s) has been selected. The finail incentive details will be completed and available 'oIr implementation no later than November 15, 2022.] pil 111111 111111111� 1 11111 11111 111 1111 ip�il �ilill 1111 111 111 1111 111 111 111 1,91 452 PBA Officers and Detectives. IQ101/2022 — 09/30/2025 Section 1. After a Bargaining uniit memiber's initial allocation of uniforims,, the City wil�l provide three (3) full uniform sets and" two (2,) pairs of shoes per fiscal year. Purchase of shioes shall be limited to $150.00 per pair. The, City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Police Chief (or Desi:gneie)i, and if adequate funds are available in the City Budget., Members of the bargaining unit assigned" to pilain clothes, deceive up to a total of $1,600,00 a fiscal year, limited to +! 11 iniistallments at the end of each quarter, in lieu of uniforms for clothing used at work, Section 2. Reimbursemien current department policies and Procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with, his4her claim—an ex,.-claination of the crcutist-1-4"---Vd"r--Jm"-g--:q--Rllt#--;Vtvoltoxolit.A!- reports concerning the incident where damage to his uniform took place. Thii:s allowance shaill commence from the diae of assignment on a piro-rated basis, U'niformed Officers aissigned to pllaiin clothes duty for more than three (3) months at a t�ime will receive clothing allowance in accord with the above for the three (3) months and pro -rated ereaer. Section I The City will bear the cost of cleaning ten �10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry-cleaning establishment in Boynton Beach selected by the City. Detectives and -qtei *-tt ain 21 the cleaning bienefit provided to uniform officers,. This will be paiid at the end of each quarter of the contract year. This allowance shall commence, from the date of assignment on a pro -rated *asl& 20 453 PBA Officers and Detectives:10/01/ 022 — 09/3012025 MOM* Wiffil A. Manclatoa Participation Due to the importance of certification of fitness, for duty, bargaining unit members are required to attend and participate in an occupational fitness evalluatioin as scheduled, once per term of this Agreement. [Note: The City and Union agreed that all members who were active on or before August 26, 2022, are required to participate in the occu3ational fitness exams that are scheduled from October 12022 thirou h Oct�ob- r 21., 2022, and such participation wilil satisfy the meirriber's mandatory participation requirement for the term of this Agreemeint.] B. Voluntary Participation Members of the bargain,ing unit may y9luntarily particilpate in this exam process during ears in which, a member is not required to Participate, oursuant to Sect�ion 1JAI of this I a 4 t NI order to voluntarily papae�, a member must notify the Director of Humian Resources and Risk Management by email no later than May 151 of each year of this aigireemient�. (2) Due to the advanced notice required to schedule these exams through! the vendor and the cost to the City, voluntary participation statiu�s is "locked iin" a:s of (3) In the event a member who voluntarily, elected to participate decides not to paiirticipate after May 11t, but prior to compileting any portion of the exam, the member is responsible for reimbursing the City for the tot�al', cost of the exam through either a payroll deduction or by a check made payable to the City of Boynton Beiach, withiin thirty (30) days of canicellation. [Note- The per meirnber cost for the exam for FY 2022-2023 is $420,001 In no instance will the reimbursement cost be greater than $420.00. The Director of Humari Resources may waive the reimbursement cost at his/her detioin based on the unit member's explanation of cancellaon, if one is provided. �4) A member who voluntarily elects to participate and compiletes any portioni, of the exam process is then subject to the same provisionis as those who are required to participate, C. Miscellaneous Proons In an�x instance where a, bargAining unit will receive compensation equaling two (2) hours at a rate of one and a half (1.5) times the bargaining uin,it memb:et"s hourly rate of pay. 21 454 PBA Officers and Detectives. 10/01/2022 - 09/30/202S �1) lit is the responsibof the blargaiiiniing unit member to ensure that this phys,ical evaluation and all fol,low-up t�est�ing required solely as a result of being found "unfit for cluty" by a medical doctor are completed in a timely mianner aind as scheduled. i �2)i Failure to attend, and/or participate in the mandatory occupiational'i fitness evaluation as required will result in the biargailining unit member being pl�aiced on ai "no work" status until the evaluation is coimpletei. Compensation for time in a "no work" status will, be through the use of only accruea'! and unused sick leave, com,penisatory time, and vacation leave (in that order). if all aforementioned leave time is exhilaiusted, the bargaining uinit member will be placed ini ain unpaid statuiis until such time that the full evaluation ainid ainy required follow up is completed. (3) For the term of this Agreement, the City will contract with a qualified medical provider to perform occupational fitness evaluations, Records, associated with this physical evaluation and any follow up evaluations, required solely in connection with the return to work of an employee who was found to bie "unfit for cluty" are piroivided to the Dilrectoir of Human Resources and Risk Management, who wil�l ensure the records are piroperly maintained in the e,mployeei's confidential meidicall file, which is separate froim the employee's personnel file. Further, an employee who walis found t�oi be "unfit for duty," or who was recommended for referral to ainoither medical provider, may be contacted by Humiani Resources and Risk Mainagement regarding ADAAA, FM ILA, and/or, Workers' Compensation, i ITTernflers ir recerre 101MY5717a =11-0 -lilt i7fl Agreement for al�l members as a means of protection frorn the fol,lowing: oi Hepape B: b.a.to all bargaining unit members o Members who refuseto be immunized for Hepatitis Type Band who later contract that disease shall not be presumed to have contracted the disease while on cluty. Hepatitis — Typei A: Availabl�e to all bargaiiniing unit members, o Members whio refuseito be immulinized for Hepatitis Type A and who later contract that disease shal�l not be presumed to have coint�racted the disease while on cluty. The City shall offer flu shots for all members as a meians of protection from contracting the flu while working during flu season, Inni 22 455 The City shall provide lead testing, for Range Instructors, The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons piiresenting such bioloigical contamination threat�. The City acknowledges and compilileis with all statutory notice requirement�s and presumptions regarding exposures in the line of cluty. 2,3 456 PBA Officers and Detectives. 10/01/2022 — 09/30/2025 11ilAwl., GROUP' INSURANCE The sole medical benefit plan currently available to employees is a High Deductible Health Plan (HDHP)1., The cost for "employee only' coverage for the HDHP medical, dental, and vision insurance premiumis shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost of covering dependents, on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' preimium costs for employees who cover dependent children on their City medical plan. Any subs,idy offered does, not extend beyond the plan year for which it is budgeted, aind the offering of, and/or amount of, any such subsidy is not subject to negotiation., I 51M IM7 I III LIAlt j= W#T a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 11t of each year of this Agreement. L In order to be eligible for the annual A deposit abiov,e, a bargaining unit member must have been activelly employed with the City on September 30th of the preceding year to receive the next fow contribution. ii. The IRS piroihibiits members who have medical insurance through Medicare, Tricaire, or Tricare for Life from contributing or receiving contributions into ain H'SA �plan; thierefoire�, the City will provide thie cash eqber's, first full paycheck folilowing Jainuary 151of each year of this Agreement. a. In order to receive this payment, the memiber must email the Director of Human Resources and Risk Management no later than November 301h of each year of this Agreement with documentation that shows the miembler is covered on one of the aforementioned plans. ft FT i, I -jef'm on the Cit�y'si medical 'insurance, will accrue one huindreid and twenty-five dollars ($125,00) per active month, of service for the City to diepiosit into their HSA through September of thait plain year. This initial deposit will be made the first check of the month in which the, member becomes enrolled in the Citys group medical insurance., 24 457 The City will provide opportunities to convert an annualized total of up to one thod five hundred dollars ($1,500,00), after pension deductiIon, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This conversion can be done at the following times during each plan year (2022, 20;23, 2024, and 20i25): i. October 1st— November 15th (any amount up to an annivalized total of $1,5001.00). April 1st — April 30th (any amount up to an annualilzeid total of $1,500.00)., 111. "Annualized" means plan yea:r/contract year/fiiscal year (Oct�ober 1st through Septemiber 30th), oil 25 458 ARTICLE 17 a 5 1i+ n 1, Vacation A. A rug ,1 active1. Bargaining un,it members accrue vacation hours each pay period when they are in an p. of hours in a work weeik. No member may use more vacation leave than (s)he has ac�crued. The chart below shows the maximurn annual accrua!l of r baised on of Years of Service Vacation w 1 year 96 2 years 12+ years 120 4 years 1.28 5 years 135 5 years 1.44 7 years 152 years 160 years 15'8 10 years 175 11 years 175 12 years 175 13 years 175 14 years 175 15 years 1.75 15 years 192 17 years 152. 18 years 192 19 years s 192 20 years 192 21 years & after 200 2. A bargaining unit me,imbieir may accrue vacation hours up to the Allowabilei Maximum: ,, totall empiloym,e�nt.year, M ► the Allowable Maximum,* however, any accrued and unused vacation hours exceeding the Allowable Maximurn on September 301h of each year will be forfeited. 26 459 1, Vacation requests may be submitted from 14 - 105 days in advance for vacation!. in the event of conflicting reiquests for vacat�ion dates, the senior member's request shall prevail provided the more senior member's request was submitted ninety (90) days prior to the dait�e(s) req:uiiested, 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice., 1 Request for emergency vaicat�ion leave wi�ll considered individually by the Chief. 4. A bargaining member who is absent without approval wilil not be compensated for the time absent and may be subjeict to disciplinary action. Memibers are eligible to accrue up to eight (8) Bonius Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks department and City safety and wellness incentives. Deta,ils of each quarter's incentive program benchmarks will be provided and published. Section 2. Sick Lea%a I I Bargaining unit members will accrue, sick leave on a bi-weekly ba69 hours) for an 2ninuialized total of ninety-six (96) hours per year, In order to receive accrued sick leave i�in a work week, a member must have been in an active paid status, of t�weinty-four (24) hours, or more, No member may use more sick leave than (s)he has accrued. Unscheduled Sick: A member shall notify hiis/heir immediate supervisor or designee, in a manner provided for by managemenit, of his/her illness not less than sixty (60) minutes before the start of his/her scheduled shift. If a member fails to call in within th 'e specified timie, the member may be subjeict to progressive discipline. This not�iice procedure shall be followed for each day the member is unable to report to work unless the member has been, authorized bResod the City M�anager for an extended leave of absence, Scheduled Sick-, A member may request, with a minimum of forty-eigh,t (48) hours aind/or proceduireis., 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 beoded to 27' 460 PBA Of and Detectives: 10/01/2022 — 09/30/2025 7-11 ra N 7 i 1 1 � ii I Iii igl De,signiee) for the following reasons: 1. Member's healthi, or up to forty (40) hours per fiscal year for illness of immediate family memiber: the member's parent, spoiuse, or child. 2. Medical, dental, or opticaltreatment that is, determined in writing by a physician to be necessary and must be performed during working hours. 3., Quarantine due to exposure to contagious disease. 4. In connection with a miember's Workers' Compensation case, where (s)hie has declined a light duty al,ssig,nmenit or where no such assignment is avaiilable. 5In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the member, or the mieimber's i m med i ate fa m i ly meim be r, as, defi ned i n (F M LA). The fol�lowing conditions may be deemed as eixcessive/abusive use of sick leave and may result in a referral to Human Resources foir FMLA ainid/or progressive disicipline- 1. Members, who have developed a pattern of sick leave usage. 2. Members who are required' to use vacation leave in lieu of or supplementation of sick leave to compensate for absences (excelt approved FMLA,), tr;vt -, "I ee Co 15ecl-TTTe I to provide written medical certification to the Human Resources and Risk Management Department upiolin return to work. Additionally, a member who calls out sick after being ordered to work a holiday, special event, or other mandatory assignment, is required to provide a doictor's note to Human Resources and Risk Management upon return and to notify t�he!ir immediate supervisor that thiiis documentation has been submitted. "Consiecut�ive work days" means any day for which a member was scheduled' to, work, including additional or "overtime" shifts. 1. Memibers who areiterminate,d from the City are not eligible for a payout of sick leave. 2. Memibeirs will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, 26 461 normal retirement, disability ret�irement, or early retirement as defined in the a;ppropiriatei Pension Plan). Continuous Years of Service Less than 5 full years Ate ?T'OVA-W ? A -1 -IJ W-yee M More than 10 full years, Upoin retirement from the City Percentage of Sick Leave Payout 0% 25% 510% 501% 3. An employee retains his/her accrued and unused sick hours while employed in a full-timie position with the City. If ain emilployee"s status converts to a part- time position, whether voluntarily or involuntarily, (s)he wi�ll have hiis/her accrued and unused': sick leave paid out pursuant to the aforementioned table., Members who have more than one hundred twenty (120) hours of sick leave as of September 15t of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed eiglhty (80) hours. This convers,iion payout will occur by September 30". At the soile, discretion of the Police Chief (or Designee), a member may be gr,ainted up to sixty (60) hours of paid personal leave in a fiscal year, There is no entitlement to Personal 4 t"te PildiceC 10-'." -#fI,* *f M - !mat - In the event a member has experienced the death of hils/her mother, father, foster I parent, ste�p-parent, brother, sister, husband, wife, registered domestic partner, son, claughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or a, t U ftw- 4a -w WrA, A� use paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However, 'if it is necessary for the member to leave the State in connect�ion with the internment of the deceased, the member may use an addai two (2) consecutive shifts. Members must submit proof of death within thirty, (30) days in order to be eligible for paid compassionate leave. The City Manager may, girai,nt additional compassionate leave at his/her solle discretion. 29, 462 PBA Officers and Detectives: �10/01/2022 — 09/30/2025 G1411DW III WITIP IFIR I III 11111111111 1 1, 11 !1 A. The second piaycheck in October, members will receive 910 hours straight time Holiday Pay at current rate ofpay on check date, This payment is for the following hollidays: * Veterans' Day * Thanksgiving Il ay * Day After Thanksgiving * Christmas Eve o, Christmas Day o New Year's Day B. The second paycheck i n January, membeirs will receive 9O hours straight time Holiday Pay at current rate of pay on check date, This payment i:s for the following holidays: • Martin Luther King, Jr. Day • Presidents' Day • Memorial Day • .Int nth • Independence Day • Labor Day Section 2, Bargaining Unit Members must be actively employed on the paycheck date order, to receive the Holiday Pay in Section 1,i i Section 3. Bargaining Unit Members who leave emploiyment must pay back any holidays for whiich they were paid but weire not employed oin date of holiday. This payment wilIl be deducted from the member's final pay check at the hourly rate at whiich the holiday was paid. Section 4. New Hires will receive H'oiliday Pay on a pro -rated basis, on the first paycheick of the month following date of hire. The proration will be calculated as follows: A. If hired between October 1t and January 11t, (s)he will recelve Holiday Pay foir only the hioilidays in Section 1A that occurred while (s)he was actively employed, 30 463 PBA Officers and Detectives: 10/01/20 _09/30% 0 a B. If hired between J�ainuary 2nd and September 30', (s)ihe willl receive Holiday Pay for only the hodays in Section 1B that occurred while (s)he was actively employed, Zection 5, There is no additional pay, premium or otherwise, for time worked on City -- observed or actual holiclays. ;ection 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do n work on City -observed or actual holidays. Section 7. Members, with non -road patrol assignments, whose scheduled work day fallsi on a City-obse�rv,ed holiday may have the following' options (based upon schedg •• w pproval of Supervisory Chain of Command): a I ) Work on the City -observed holiday and get paiid at straight time for the actual hours worked, or b) Not work on the City -observed holiday and request to use paid leave (such as available comp time or vacation leave) to be compensated for the hours, or c) Not work on the City-ob:served holiday and be in an unpaid status for those hours (absent any request to use, available paid leave),, or d') With advanced agreement and approval from supervisor, a nioln-road patrol member may flex his/her sichedule during any work week in which there is a City -observed holiday. 31 464 119-1111SM�T vl!t 1 0 0 0 10? ARTICLE 19 FUNERAL EXPENSES MOM 111111 � ! I III I � 11 1 11 111 1111111 !, I I I oil"' w�� ISO= IN IM111 Ing UVOLIEST MM S,eiction 2. All employees shall complete the appropriate form to clesignate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for !I ; payment, the City will interplead the funds by court proceeding if the parties with conflicting i claims cannot resolve their dispute withiin sixty (60) calenclar days. 3,2 465 PBA Ofters and Detectives, 10/01/2022 - 09/30/2025, F-1T:VffWT*-R TRAINING &L actual time in training. Other off-site training/special programs,, including but not limited to conferences, and 2M are exempt from complensation other than the member's houlirly balse rate of pay for hours of actual classes, whillie in attendance and for any hours the merniber is attending that were regular scheduled work hours. The City reserves the right to flex a member's work schedule scheduled work days. all ,.0r. The content and course of weapons training will be established by the Chief of Police, Each I member will ble allowed three opportunities to meet prescribed qualification standards, If the 11 6;... ITWI --mum The City will rei'lmilburse eligible members for tuition pursuant to the City"s Tuition Assistance Program, whiich is attached ais Addendum "C." The provisions of this Sect�ion and Addendum "C" relate to the reirribursernent assiistanc�e for General Education Core Courses and Degree Program Corel Courses. For the term of this Agreement, Tuition Assistance is funded at thiirty-f'ive thousand 41, 2 z4,X-"l W*r4KIllil tros C;t[)-t and the Police Sergeants unit. Section III The City Will reimburse memibers for authorized expenses associated with attending training and special schoolls, as approved by the Police Chief, 33 466 PBA Officers and Detect Ives: 10/01/2p2 2 — 09/30/2025 U311m] 34, 467 ETAINTWN hours of the request iin writing (E-m!ail is acceptable notification) when someolne other than a City empl is 6eing'inspected by a governmental aigency (including IRS), or state attoirney, in the conduct of a l�a!wful cr,iminal inveistigat�ion when confidentiality of the investigaitioin is requested. 35 468 PBA, Officers and Detectives, 20/01/2022 — 09/30/2025 LEGAL ACTION In accordance with Floriida Statutes, the City wilIl pirolvide legal defense for a: memiber against any URI and within the couiirse of his employment. The City will indemnify all members against judg,menits for compensatory damages entered III � st lult �?,; q u I t ALPI-II �4 36 469 PSA Officers and Detectives., 10/01/2022 - 09/30/2025 Section 1. The �Parties reicogof the community and job security of the bargaining unit members depends upon the City's, success in providing proper and efficient services to the colmmuniity. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective, municipal mia,niag�ement ain,d public safety, The Pairties recognize the need for progressive and appropriate discipline whien an employee's conduct and job performance are inconsistent with said goals., Section 2. No bargaining, unit miemiber shall be disciplined except for caluisei, Progressive, C �ap.V .y.4 ��, o Mw offeinse. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. X Writ�ten Notice/Repriimand B. Unpaid Suspension C. Demotion DTermination Unpaid Suspension of more than: sixteen (1 6) hours; Demotion, or; Termination, MINOR DISCIPLINE Writt�en, Notice/Re�primiain, d, or; Unpaid; Suspension of sixteen (16) hours or less. Section 3., Any bargaining unit member whio has been piromoed, and who thereafter is demoted, shall be returned to thie position aind shift(s) hie or she occupied immediately prior to the promioon or to a position ancl shift conisistent with his or her seniority as a sworn officer with the Boynton Beach Police Departmentwhichever is more favorable for the mlembier. Personnel re-entering the bargaining unit as provided above shall be placed in their respective St�eX, P -?y P[7),i V2sei i tXeir ciit&*',p&--.rs,.tf s%,,f#ri5 sei with t'he CitPlif 11flystifn beadii Poilicei Depaof demotion. Section 4. No Employee shal�l be subject to major w e without first being affordedl pre-deteconference Ma rmination with the City nager, No pre -determination conference sha 11 conclucted withi, less than fifteen 1(15) calendar days' notice to the Employee. 3,7 470 PRA Officers and Detectives. 10/01/2022 — 09/30/202S Seiction S., U'npaid suspensions will, be imposed in increments of eight (8) hours loss of pay. Sectioin 6. Members wi:ll be inefigible to work off duty detailis during any calendar day on which they are observing a suspension, Sectioin 7. The City will �prov,idie notice to the PBA when it completes an investigation of bargaining unit members that could result in disciplinary action or when an emilpl,oyee, is given a suspension. 38 471 ARTICLE 25 %figuro M, ItT (TI -I Ya IMF UF cullue, decision shall be final. A member may submiit a written, response to be included in his/her emM loyment file, suspension. 2. The Chief of Police shall reind'er a decision within fifteen (15) calenclar days of the appeal, 3. The C�hiief of Police's decision may be to sustain, ful�lly reject, or lessen the discipline. The Chief of Police (or Designee) may, at the request of the member, conduct interviews with departmental staff or members of the bargaining unit as part of his/hieir formal 39 472 P8A Officers and Detectives, 10/01/2022 — 09/30/2025 i -evieiw of the d�iscipline and of alleged violations of this Agreement and'/ 0r Chapter 112, Floriclai Statutes, if applicable, Predetermination Conference with the Cityi M�anageir, lo Prior to the imposition opline�, a member may elect to participate in a Predetermination Conference with the City M,anager, The mem�ier must requiest a conference with the City Manager within fifteen (15) calendar days of the final determination by the Chief of Police. 2. Members will have a minimum of fifteen (15) calendar days' notice of the date of the Predetermination Conference. 3, The City M�anaiger wi�ll render, a disciplinary decision, whic�h is fin!a!ll, within thirty (30) calendar days of the predetermination conferenice, C. Arbitration. Foowing a Piredeermi nation Conference with, the City Manager, if the fin recommendation of discipline remiainiis as Major Discipline, then the matter may be referr directly to Arbitration, beginning at Step Three of the Grievailni,ce Procedures pursuant to Artic 26i, S.A. 40 473 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 Siectioin 1. A grievance, as used in thiis Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compe with, the provisions of this Agreemie,nt. Appeals of dispary action are not grievances but may be brought following the procedures set forth in Article 25 and' Step Three (3) of this, Article, Section 2, Grieivainces concerning working conditions, not specally covered by the terms and provisions of this Agreement shaill be subject to the grievance procedure up to, but not incluN ing, ariblitration. Section 3. in the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said d�isput�e or grievance shaill be The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief anid the Director of Human Resources and Risk Management on or by the fifteenth (151h) (15th i i day of the occurrence or on or by the fifteenth day of when the empl�oyee(s) kniew or should have known of the occurrence. r-MlITIMMIMM., a:. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and rank of grievaint(s); c. The Articl!e(s) and Se,ction(s) of the Agreement alleged to have been violated; and 0 41 474 PBA Officers and Detectjvm 10/01/2022 — 09/30/2025 The Police Chiief's Step One response sh-all be transmitted to the Union and to the of receipt of a, grievance. If the Police Chief does not respond in, writing via electronic mia,il, the grievance is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two,, 4 �-EEKSMOTIEWMEM If no resolution is reached! at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file ai, Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management on or by the fifteenth (15,th) day of receipt of the Police Chief s Step, One response. i The City Manager (or Designee), at his/her discretioin, may conduct interviews r-eqnb-ce, -o"jj , ( �:k t a -iU-vA0 aind/o,r management to discuss the grievance. The City Manager (or Desi�gnee) must notify the, Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he intends to conduct interviews,. Once such notification is miad�e, the time period for the City's Step Two response is, tolled with mutual agreement by the Union until the interviews can be sch,edulled aind conducted. I The City M a naggnee,) s ha I I re spon d in, writi ng to the Step Two g,rievancei N y electronic mail no later than thirty (30) days of receipt of the Step Two grievaince or by a mutually agreed' upon extended date. If the City Manager (or Designee) does not respond in writing via electronic maill, the grievance is presumed to be denied, and the aggrieved employee or an Association reN resentative may move to the next step. 019-M If the grievaince has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) caleinid�ar days of receipt of the City Manager's (or Des,ignee's) reply or when a reply was due, if none is submiitted. ,appieal,s of disciplinary matters continue at this Step of the Grievance Process. N(ttices vt the Citjv n4.er this secti-tri mxst We sent-tt the C�ty Manager and t# the Director of Human Resources and Risk Management, and electronic mail is sufficient. Notices to the PBA under this section must be sent to the assigned PBA attorney, with, a copy to PBA President, 42 475 1:J1Y1T#N13=-11Tz M..' Emil 1 11 1 The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a paneil of seven (7) arbitrators on or before the fifteenth, (15th) day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the: rules of AAA or FMCS unless agreed!, to by the City and PBA, but will be governed by the terms of this, Agreement. 2,11 njMo*�rere=rtm panel be issued at the reje�cting Party'si expeinse, The grieving party shall'! strike the 1: first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator, The arbitrator shall determine the clate(s) and time(s) of the hearing subject to the availability of the Un,ion and the City. Arbitiratioin will be conducted'at a location mutually agreeable to the City and the Union. I I NOUV its own case, including the cost of witnesses and other people it requires to attend toe i oWo4tratiot. M IM= I The arbitrator may suistain, reverse, or modify the d�isci:pliine, set by the City Manager., The decision of the arbitrator i:s final and binding on the parties, If the arbitrator reverses the discipline in its ent�irety, the Employee will be made whole. Any and aill procedures, regarding arbitration whiich are not specifically set forth in thi�s Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subghts of the parties to confirm, clarify, or set as,ide the award as set forth in the Florida Arbitration Code., The arbitrator shaill render an Award withiin thirty (30) days of receipt of the brile:fs, if 43 476 PBA Officers nd Detectives,. 10/01/2022 — 019/30/202S A transcript of the Hearing will be made,, unless waiived by both P.rties, The cost�, not to eixc�eed $500i.0i0, 11�111 I 11 - By agreement of both Parties, a miieet�ing will be held at any step of the grievance proceof a grievance prior to the issuance of an arbitration Award has been violated, A probationary employee may not grieve any matter conc- w g. discharge for reasons, of failure to meet performance standards. 44 477 ARTICLE 27 Section 1, When an employee is required to use hiis/her personal vehlicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Art�icle, the performance of polic�e clutles shall include attendance at couirt, depositions, administrative hearings, conferences with City officials, schools, and/or seminars,. 45 478 PBA Officers end Detectives, 10/01/2022 ® 09/30/2025 Mill 11511119F.01"S.,al 46 479 Vacancies in positions or assignments will be posted in-house no less than five (5) calendar days before the application deadline for the position or assignmenit. �Members applying for a posted position or assignment miust meet the qualifications on, the final day of posting; for example, wh 11 e the m e mber maj not be el ble at the ti m e h i r awliwiat is sdwruitte4l. if t�,e -uprtmbpr Wi "-dTPVFUf6-II�I;dT0TUd- E UP FHWU AT I e-T g—,uf IT-7 Fu 777"11 Ir Rre'l be ac�cepted and cod, 47 480 WaIN Section 1. ThiIs Agreement is the complete Agreement between the parties, cancels all pirior practices aind agreements, aind, except as expressly provided for hieIrein, relieves 4M of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which resuiilt�s in a monetary benefit except as set forth expressly in this Agreement. All bargalining un,it members are covered under the terms of this under any Civil Service R,uile/Regulaition and heretofore in existence, (a) When the City iintends to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provide written notice to the PBA, Thiis 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. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA wi'll have fifteen (15) calendar days from date of notice to advise the City if the PBA is requesting pre-impleimentatiIon or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its, members. The PBA response shall include three (3) dates and times I when, the PBA is available to meet with the City to discuss/bargain the modification,, excluding dates in the first ten (10) days following the PBA request.'Whien bargaining is requested, it shall begin no less than t�en (10) days following the PBA's, request and shall be concluded within fourteen (14) days following the first bargag session., (c) This provision is not a waiver, restraint, or limitation on the City's management right to determlin!e unilaterally the purpose of its Police Department, set standards of services to M,..: offered! to the public, aind exercise control and discretion over its organization and operations. Further, this, provision is not a waliver of the City's rights or the PBA"s rights unM- r Chapter as Florida Statutes. Section 3. Nothing in this Agreement shall! be construed or interpreted as a waliver of the B.A.'s right to request bargaining or impact bargaining, Section 4. Nothing in this, Agreement shall be construed or interpreted as a waliveir or limitatiM, n on the City's management rights. 48 481 PBA Officers and Detectives; '10/41/2022 — 09/ 0/2025 M, mUII �JM ........................ . . . . Section 1, If any provision of thiis Agreement is fouind to be invalid by any couiirts having jurisdiction in, respect thereof, such findings, shall not affect the remainder of this Agreement, and', all other terms and provisions shall continue in full force and effeict. Section 2, In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. 49 482 PIBA Officers and Detectives, 10/01/2022 - 09/30/2025 41311MIS Uis Agreem�nt sX2111 t2ke effect tAz� rqtjfiei3O 4y tNe -,-,,eM.#,e-rs *f tM cililective, �-argaimii)g Y.Mt and the City Commission and shall remain in, effect until September 30, 2025. No base wage increase, AM cost of livin - oir othe,r com ensation an assignment, shiall be paid beiyonid September 30th of each, year, exc�ept as provided in a subseq�uient Memorandum of Understain:dinig or Collective Bargaining Agreement. so 483 PBA Offiters and Detectives, '10/01/2022 — 09/30/2025 I Section L The City agrees to continue theitake home vehicle program cluringthe term of th!is AR-l"Scilwfit ?"1441 eligible members of the bargaining unit. Members who reside within 60.0 miiles of Police Headquarters (2100i High Ridge Road) are eligible for a Take Home Vehicle provided they: oi Haveisuc�cessfullycompleted'Fiel�dTraining�, and o Have not had their police powers suspended. si Members who are on ow -r clulty related to a workers' compensation claim who do not have driving restrictions are eli�gibIle based upon alvailialbil,ity of an, unmarked; vehicle. is Members who are on modified duty related to a non -work-related injury or temporary disability may be provided with an unmIarked vehicle based on availability and seniiority (ID number), provided their work restrictions do not pirolhiiblit driving. Section 3. Vehicles will be assigned on the basis of senioirity (by ID numibeir),, with s,eniiorit�y bumping rights for Members trainsferred to patrol. 1 11 11 1111111 ! 111 11111 1 p�iiliil �111111111IIIII illillill I IF I 111 11112131 11 Section . F.S. 6273491 - Official law enforcement vehicles; motor vehicle insurance requi�rements: This statute took effect on July, 1, 2022 and requires police departments to maintain auto insurgrice cover,,oVe to cove I dilli"i u assignment in ine-EaKe 11U1T home vehicle, However, there are two ex�ceptions: I 1. Coverage is not required if the officer makes any "clistinict deviation for a nonessential personal errand'." a. The City and Union define "distinct deviation" as ainy personal use of Take Home Vehicle ' other, th 'an de minimis use along the member's normal commute route. For exampile, stopping at a convenience store, bank, or fast food restaurant that is on a member's reasoinalble commute route is considered de minimiis. 2. Coverage is not required if the officer "aict�s in bad faith or with, malicious purpose or in a manner exhibiiting wanton and will�fui,l disregard of human rights, safety, or property," 51 484 PBA Officers a:nidl Detectives:10/01/2022-09/30/2025 K12UJ Vwi`P-4utI44-t2�b+r,*4 biy the Chief of �Police (or Designee). Poe Department Index Code 712 applies except as moidifi:ed iin thils Arti�cle,i Sworn Law Enforcement Officers in positions outside of PB,A bargaining units are not prohibited from participating in the off-duty details piroigram. The City will continue coordinating wluty details. Thie net rate of pay for off-duty details paid to the officer will be set by the PBA, but nio lesis than fifty doill'ars ($50.00) peir hour with a three (3) hour minimiuimi. PBA may change, this rate at ainiy time with a minimum of fifteen (15) calendar days of written noo the City, The City will act as the conduit for payment for off-d�uty details from the second party employer to the officer. The onitract with a compainy Or indduall foir processing. Payment to the officer is contingent on coilleon from the second piarty employer. 2 be considered compensation for pension calculation purposes MTWAUTT M-127 TL III I 71 11 �CW d�"Mf#T III I I party empiloyer, However, police officeirs oni off-duty details shall be permitted to utilize a City police uniform, radio and veihiicille. For such usage, the City shalil receive seven do.00) per hour for every detail worked to offset equipment costs. ii �, I RM=e$T arr; i &T asT761-17 1 10 TMT, a re o a 1171� a no Fill o o off-duty detail when lit interferes with his/her normial working hours. No swap of time is permitted to accommodate an off-duty detail. Each officer, while working off duty details, shall adhere to City conduct standards,, Any -misconduct or breach of woliciesi, rules and regulations will be handled through the Deyartment the same as any oduity activity. vacation leave and "overtime' paid by the primary employer to a police officer for services rendered, but not L ncf,y#i .�qg gay Py MhE mgm-d P-0--r-ty f—Mal-0mr. 52 485 PBA Officers and Detectives: 10/01/2022 - 09/30/2025 A =7111w tr- Frs c7itipensiation, or ITUF :y w 11 11 0 any w deduring that period, Any police officer on leave due to disciplinary matters shall not work off -duty details during the period of that suspension or removal from regular active duty. The Police Chief may suspend an employee's right to work off-cluty details as a component of a violation committed while on an off-duty detail. All Bargaining iuniit members, assigned to cover off-duty details may report directly to their a supervisor personally or by radio, Bargaining unit members assigned to an off-dulty detail shall complywith al�l current City and Department policies and procedures in effect. 53 486 PSA Officers and Detectives: 10/01/2022 — 09/3,0/2025 ARTICLE 35 PENSION Section 1, Recent Historical ChangesDuring Bargaining a Bargaining Unit Members hireclonorafterOctobeirl, 2015willl haivea pension multiplier of three percent The vesting, period for Police Officers and Detectives hired on or after October 1, 2016 is ten (10) years,i Upon raitificaltion of the Agreement encling September 30, 20191, the City and the Union conformed to the statutory irequiirement to negotiate provisions of SB 172, codified as Laws of Florida 20,15-39, by entering into a Mutual Consent Agreement, which provided that the Union to pay, the City a total of $60,000 in $3iO,OOO increments in, November 2017 and November 2018. # Mutual Consent Agreement, which provides that the City will receive a total of $90,000, in $301,0100 increments in November 2019i, November 2020, and November 2021. si Employees hired on or after October 1, 2019Normal retirement — the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age — Eliminating the 50 years of age with 15 years of credited service. Employees hired on or after October 1, 2016: Earl: y Retirement/Deferred Vested Retirement — 50 years of age with 10i years of credited service. o ALL- Maximum Retirement Benefit shall not exceed eighty-five percent provided that, in aill caseis, the benefit is at least 2.75% for each year of s,ervice. o ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal year of the prior Agreement — Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL). • Year 1 — 01.5% ad'dona!l contribution • Year 2 — 01.5% additiona!l contribution • Year 3 — 1 a4i4itiotal coq&t DROP—Employees hired on orafterCictober 1, 2019;wi�ll receive intereistat a rate of 0% depending on plan performance. These membeirs will be required to remove their moiney from the DROP, as stipulated in the DROP Ordinance. 54 487 PBA Officers and Detectives: 10/01,/2022 — 09/30/2025 2,., Agreed Changes During Bargaining of Current Agreement A Mutual Consent Agreement, included as Addendum "'B," provides that the City wiliil receive a total of $150,000 in $50,000 increments in November of each year of this Agreement (2022, 2023, 2024). DROP — Effective October 1, 2022, ai'll active members are eligible to part�icipate in, an eight (,8) year DROP with a, seven percent (7%) guaranteed interest rate on, their full DROP �balances,. Members are required to resume contribluiitions at three percent (3%) for years six (6) through eight (8) of the DROP, if they opt to part�iciplate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required to separate from service prior to October 1, 2022. 5,5 488 r allm X1 41 m MR �illillill 111111111ur; OMM a 17MITIMMIMIM A. A bargaining uniit member covered by Florida Statute, Chapter 4401, Workers' Compensiation, and in accordance with provisions set forth hereunder, shall be authorized tN be absent fro m work d ue to i nj u ry or i I I ness i ncu rreid wh i lie on i( uty, a nd d i rectly re I ated to work performed, until (s)lhe reaches maximurn medical improvement or two (2) years, whichever comes first. B. The City is self-insured for Workers' Compensation, The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and 11 Inesses. For information and policies regarding Workers" Compensation, contact the Human Resources and Risk Ma!niaigemenit Department. Members who are unable to work due to a work-relaited injury or illness, are entitled have thieiir workers' coimpenisation payments supplemented for up to ninety (9 0) days ensure they receive one h ' undred piercenit (100i%) of their normail base pay, unlell otherwise n:egot�iatedi iin a workers,' c�ompienisation heairing. Dollows the provisions of Florida Statute, Chapter 440;, Workers' Compensiatiom Bargaining Unit members who require follow up medical treatment are required to aitte appointments while off duty. in the event a Bargaining Ulnit member needs to attend aippointment while on duty, due to scheduling conflicts identified by Comman, d Staff, t member must use his/her available Sick Leave or compienisatoiry time and vacation time the membeiir has no available Sick Leave, 71IIIIIIIIIIIIIIIIIIIIIII-MIMM'MMM-0 MM! An employee who sustains a work-related injury or Illness is required to immediately notify his/hier supervisor and/gr the Human Resources and Risk Mi anagement Department. Notification to the Human Resources and Risk Management Department is made 24/7 by calling: (561) 742-66i77 or e -mailing: employee who o promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. 91111IFff Ed 1. To the ext�eint permissil ble by Law', the City designates lost time in conjunction with a workers' compensation claim as FMLA for members who meet the eligibility 57 490 PBA Officers and Detectives, 10/01/2022-09/ 0/2425 requirements and who have not yet exhausted their rolling 12 -month hours" entitlement. Section 2. Modified Work (Light Duity) X Modified Work Assignments (Workers' Compensation L An empiloiyee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the discretion of the �Directoir of Human Resources, and Risk Management (or Designee) in consultation with the Police Chief (or Designee). An empiloyee may choose, to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the empiloyeei will be required to remain at home until reileased to fuill duty with no restrictions, and during, this time, (s)ihe will be required! to use accrued and avai�lable leave time in, the following order: sick and vacation. Ad�diiti�onially, an employee who declines ain offer of a modified work assignment and who meets, the eligibility requirements for leave under FMLA will have his/her time off autoimaticail�ly designated ais FMLA. as For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. L The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonilaibl�e accommodations to employees who request them, and are qualified. An employee may request an accommoclation and/or more information by contacting, the Human Resources and Risk Management Department. L An employee who has worked for the City for at lea,st twelve (12) months and wifo- has worked at least one thousand! two hundred fifty (1,2501), hours in the preceding twelve (12) months is eligible to request joib-protected leave under FIVILA for qualifieM reasons ais defined by the lai!w, I Requests for leave under FMLA must be submitted in writing oni, the designated I form to the H�uman Resources, and Risk Management Department. Leaves under FULA are approved by the Director of Human Resources and Risk Management and the City Manager. Human Resources may designate as FMLA an el�igible 58 491 PBA Officers and Detectives. 10/01/2022 — 09/30/2025 ploiyee"s qualified leave, including lost time due to a Workeirsi' Compensation cilaiim, (a) For more information regarding leave under FMLA, contact the Hiuman Resources and Risk Management Department. 311m, M11 employee may be entitled to leave as an accommodation for his/hier disability under the ADAAA. (a) Foir moire information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management �De,plartment. C. Military Leave: 1, The City complies with Military Leave pursuant to the Uniformed Services i Emiploiyment aind Reemployment Rights Act (USERRA) andFloriclai Statute 115.07. I An employee must immediately notify the Human Resources and Risk Management Department upon notice of hils/her need! for Military Leave. (a) For more infoegarding Mlilitary Leave, contact the Human Resources and Risk Management Department. 0 . . A 11 110 . I 2. A, request for a Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Mianagemient. The City Manager, in! consultation with the Director of Human Resources aind Risk Management and, the Police Chief (or Designee), will consiider an employee's request for' a Leave of Absence on, a case-by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The City Manager's dietermination i's final and is not subject to further review, appeal, grievance, or arbitration process, 3. Any approved Leave of Absence will requiire an employee to utilize his/her paid leave time in the following order: compensatory time, vacation, and sick. Once, the emp!lolyeei has exhausted all available accrued, time, the remainder of the Leave of Absence will be without pay. An employee will not accrue vacation or 59 492 sick hour's while on a Leiave of Absence. The employee is responsi�ble for the full cost of insurance premiumis for work weeks in which (s)he is in an uinpiaid status • more than twenty-four (24) hours, 60, 493 UM�M I 1 1111 ; ir Ii i III l liil i rl iii � i �� 1� a g g Field Training Officer (FTO) Mi: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon, in full uniform and marked police cruiser subject to the demands, of receiving and handling cal�ls for service from Communications as their daily routine are available to train newly I emwww personnel in the field. 2, Police Training Officer (PTO) DEFINED: Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full unliform and marked police cruiser subject to the we w; of receiving and handling calls, for service from Communications as their daily routine are availabile to train newly employed personnel in the field. The member must have completed the requisite training as defined by the department's Index Code on the PTO program. a Officers who are in traiining will wnailly require training from! members of other specialized units withiin the department(e.g. Traffic, K- 9, etc.) The officers from those specialized units who provide this trainiinig will receive seven w® (7%) incentive play for hours worked in this training capacity'. This training incentive pay will be retroactive to the holurs of their aissignmenit. 3, PTOs and FT ,s will be responsible for training all newly assigned probationary employees. III INS Fill PTO! !11251ggllilp� M�� 5. An officer's assignment as a PTO or FTO can be ended or suspended at the discretion of the Chief of Police, 61 494 PSA Officers and Detectives: 10/01/2022 — O9/30/2025 Ifla The City of'Boyniton Beach is committed to providing a safe work environment for its employees and' our c�ommunit�y. Drug and alcohol abuse are national problem that is prevalent in society a n d 1 m y, a i rs t h ei hi e N-Mo4i �C*Twrw�A-�- Moreover, the illegal possession, use, sale, aind distribution of controlled drugs are criminal acts thiailt directly threaten the integrity of ail employees in, the City. The City is addressing this problern through its DRUG FREE WORKPLACE Prograimi., Substance abiuse is a comiplex, yet treataible disease, The ultimate g' cial of this policy is to balanice our respect for individual privacy with our need to keep a safe and productive drug and alcohol - free environment. We: encourage t�hose who use drugs or abuse alcohol to seek help in, overcoming their probl�em. The City considers substance abuse, to be an unsafe and counterproductive work practice. two........... I I fflY L i, L � 1 "Chain of Custody" refers to the meithodoiloigy of tracking specified materiail�s or suibstances for the purpose of maintainiing control and accountability fr'omi initial collection to the fi:nal disposition for all such materials or substainces and providing for accountability at each stage in handling�, testing, and strong specimiens and reporting test results 2. "Coon Test"confirmed test" or "confirmed drug test�" is ail second analytical procedure used to idepresence of ail specific drug or metabolite in a specimien, which test procedure usied to identify the presence of a speciific druig or metabolite in, a specimen, which test must be different in scientific principle from that of the initial test procedure and must be caipabile of provid'ing requisite specificity, sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt bieverages,, and Intoxicating liquors; amiphetamines; cannabiinoids,; cocaine; phencyclicline (PCP);, hallucinogens; methaqualoine; opiates; barbiturates; bienzodiazepines; synthetic narcotics; designer, drugs; or a metabolite of any of the substances listed herein. Threshold cletection levels are est�ablisihed'by Florida regul�aitions. Therefore, activities participated in whiile off duty may result in positive drug tests, For DOT covered employees, alcohol includes any 62 495 �.MRMMMM intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohoonsumption of a pepairation including alcohol (beverages or medicines). A l'islt of the most common medications which may alteir or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and' joibi applicants should review this list 4 prior to submitt�in,g to a drug test. "Drug t�est" or "teist" means any chemical, biological, or physical instrumental analysis adm,iniistered for the purpose of determ!ining the presence or absence of a drug or its metabolites. 5. "Empl�oiyee" means an individual who works for salary, wages, or othleir remuneration for the City and, is covered by the workers compensation act, i. "Employee Assistance, Program" (EAP) is an established program for employee assessment, counseling, and referral to ain alcohol aind drug rehabilitation program., 7. "'Employer" means an agency within state government that empiloys individuals for sal�air,y, I wages, or other remuneration. 8, "Initial drug test" means a screening procedure of the blood and/or urine of'emploiyeeisi and' joib applicants foir the presence of alcohol and illegal drugs in accorclance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules, 9. "Job ApYM,.licant" means a person who has applied for a position with the City and has been offered employment conditioned upon suicces,sfu I Illy passing a drug test. "Mandatory -testing position/Safety-sensitive positionmeans with respect to a public employer,, a j�ob 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 conficlential information or documents piertainiin,g to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuiant to F.Si. 110.1127, or a joib assignment in which a momentary lapse in attention could result in injury or death to another person, 11. "Medica:l Review Officer (M'RO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsibile for receiving and reviewing, all positive confirmed test results and who may be responsible f I or contacting all inddual's who test positive in a confirmation test to inquire about possibile medications which could have caused a positive result. The M�ROi need not be an employee of the City. 63 496 PBA Officers ainidl Detectives: 20/01/2022 — 09/30/2025 U-2. "Presc�ription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription ais defined by FS. 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 d�isealses, aiilmenits, or injuries,, 13. "Reasonable pon Drug Testing" means drug testing w on, a befief that an employee is using or has used drugs in vioilation of the employer's ploilicy drawn from specific oband artic�ulable facts and reasonable inferences drawn from those facts J in light of experienice. Reasonable suspicion drug g may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher thain the immediate supervisor of the eimpiloyee in question, Among other things, such facts and be based upion- a, Observable phenomena while at work, such as direct observation of'drug use or of the physicaill symptoms or manifestations of being, uinder the influence of'a: drug. b., Abnormal conduct or erratic behavior while at work or a significant deteriorati work performance. I c. A report of drug uise, provided by a reliable and cred�i�bl�e source, which has be independently corroborated. I d. Evidence that an individual has tampered with a drug test during employment with the current employer. I . If a bargaining unit member is involved in an accident in which, the memb," wa,s driving a City owned vehicle, and any one of the following oc�curs: a dividuail dieis, an individual suffers a bodily injury and'; receives medic treatment away from the scene of an accident, one or more veiihicl (whether operated by a City employee or not) incurs damage as the iresu of the occurrence, or is transported away from the scene by a tow truck ther vehicle, and unde�r any circumstanceb s when the argaining uin member is issued a traffic citatiot, 11 o iE An order to submit to post accident testing can be made by a Police Sergeant or higher rank, Any bargaining unit member ordered for a piost- accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Ulnion Representative shiaill act as a quiet observer to the testing procedure and shiai'll not interfere with the testing procedures or direct questions or coo the testing, personnel. The unavailability of a Unlion Representative shall not precliude the post-accidenit drug testing from taking place. 64 497 PBA Officers and Detectives: 10/0�1/2022 — 09/30/2025 fli. Refusal to submit to an, order for post -accident driug testing, or intentlonally delaying a podent drug test can resuilt in! termination; however, nothiing herein shall aboig,ate a bargaining unit member's right to challenge the results of the drug test�. f. Evid�encei that an employee has usied, possessed, soild, soficited, or transferred drugs while working or while on the employer's premises or whiile operating the employer's vehicle, machinery, or equipmenit, 14, "Special -Risk Position" means a position that is required to be filled by a person who certified under ghapiter 633, Fire Prevention and Cw �Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or sailiva 1 i capable of revealing the presence of alcohol and'/ 0 r illegal drugs or their mie�taibol�it�es. 16. .row iing Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury, whichi, requires drug testing. An employee reporting for work visibly impaired and that is unable to prope' perform required duties, will not be aillowed to work. The supervisoir should fi r attempt to seek another supervisor's opiniion of the employee's status,. Then t pervisor should consult privately with employee with the observation,, to ru!le o11 any probilem(s) that may have been caused by prescription drugs. If i I , in the opinion of both supervisors, •the employee is, considered impaired, the employee should be drug tested', by an aiuithorizeid 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, they see changes in performance that suggest a potential employee problem. The supervisor may suggest that i ta fq� 65 498 PRA Officers and Detectives, 10/012/202,2 — 09/30/2025 formail reifeirrail to the EAP shouldbe miad'e. .# P-ojmA -# . IN 9J7FMTTJ.-"1 - J rk 1. Prescription drugs prescribed by the empiloyeei's physician, who is licensed practice medicine in the United States, may be taken during working hours in stri accordance with the provisions of the Policy, Employees should never u intoxicants, or drugs, that could cause impairment during work hours. An employ who is using a prescription medication while on the job shia:ll do so in stri accorclance with medical directions., I 2. It is thieiemploylee'sr,espobility to notify the prescribing physician of his/her J requirements/functions to enisure that the physician approves the usie of t 1 prescription mieidoin while the employee is performing his/her job duties, lit recommended that the employee provide his/her physician with a copy of t MILE standards, for law enforcement officers so the physician is aware of th- physical requirements of the position. 3, It is the employee's responsibility to immediately notify the Director of H'uman Resources and Risk Mainiagemient or designee when (s)he is prescribed any medication that is coinsidered a control, led substance on Schedules 11, 111, or IV ais defined aind amended from time to time in Florida Statutes 893.03. Failure toi disclose: thi�s information may result in, d'isc�ipili�nairy action up to anid including termination of emiploymenit. The Director of H�uiman Resources and Risk Management may require the employee to provide a note from, �his/heir prescribing physician stating that the employee is able to perform the funct�ions, of a law e nfoirce me nt offic�eiir whi i 1 e ta ld ng the mied icat ion a s p reisc!r,i bed . 4The empiloiyee shall notify the Director of H uman Resources and Risk Management or designee if the use of his/her properly prescribed m ed i1cations/d rugs, (otheri than those considered a controlled substanice on Schedules 11, Ill, or IV as defined and amencled frorn time to time in Florida Statutes 893.0131) will affect the employee's work performance., S. If the prescribing physician determines t�hiat the employee cainnot perform hi�s/h job duties without imiplairment while taking the prescribed medic�ait�ion, thein t employee wi;ll be required toi use his/her sick andlor FIVILA leave, or unpaid lea if hisi/her leave pools are exhauisted, until (s)he can return to work. If t emiployee reports to work, the City will presume that the employee is n impaired. 11 66 499 PBA Officers and Detectives: 10/01/2022 — 09/30/2025 OffRr-M=1=- Ems 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 pire-employment conclitions are established: a) job Applicants in manclatory-testing posit�ions, safety -sensitive positions, and/or spieicial-risk positions will be tested prior to employment for drug use and alcohol use. Any job aippl�icant, as clefined in the abovei-section, who refuses subm�it to drug and ailcohol t�esting as, part of the pre-employmei testing process will be refused employmient�. I c) Any job appant who tests positive for drugs or alcohobe refused employment. �Hlwzga It shall be a condition of continued employment for alil employees to submit to drug and alcohol screening under the poilicy, If there is, a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall controili. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the I e m p loyee'si right to chail lenge both the o rd e r a nd' t he test outc�o me 1 9: a -. I w- 11 1 pi I t 1111:111 1 pi I' 1 11 111 1111 � W=1 iiiii i ;Irl i 1111n, I In addition to, the City's E�AP Program, below is a list of locail' assistance programs and local drug and alcohol rehabilitation programs. a) Narcotics Anonymous Help Line :5611-848-6262 b) Drug Abuse Foundation of Palm Beach County : 561-278-00001 c)i Pallm Beach Al-Anon/Al-a-Teen Information 561�882-030ii; d) Alcoholics Anonymous (Palm Beach County) 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program -. 5611-8i44-6400 it iis the responsibility of each employee to seek assist�ance before drugs and alicohoil lead tM 67 500 1. Use of the employee assistance program, on a voll�untary basis, will not affect the cletermination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voiluntary basis prior to any incident warranting dpl�i:nary action will not be used as the baslis for disciplinary action or in any disciplinary proceeding. ..... ..... 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 appl:icailtions. 3. Through the EAP, the City will p;rovide appropriate aissessmieint�, referral to treaitment, and treatment of drug and alcNll abuse. 4. 'Upon successful completion of a drug and/or allcohol treatment program, an employee may be released to resume work but will be subject to drug testing N:...., a random, periodic basis, at least quarterly, and for up to two years i I thereafter as a condition of conti nued eimpiloyment. These stipulations may I I be incorporated in a Last Chaiince Agreement. individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to compily with this policy. Meidand insurance records, if any, will be preserved: in the same confidential manineir as all other medical records and be retained in a separate file as provided by law. ' . 11 . , , 11 , 0 . 6 0 1: The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol., Departmeeads are responsible for implementing th:is Drug Freie Work Place policy. It is the responsibility of the supervisors to observe the, behavior of employees on the j�oib as a precaution aglainist unstable or unreliable behavior which could threaten the: safety and well': - being ofemployees and the community. 1. Supervisors are responsible for miaiint�ai:niing a safe work environment by monitoring, employees' behaviors and! performance, the event a supervisor has a reasonabile suspicion that an employee may be under the influence of drugs or ailcohol, the employee must be sent for reasonable suspicion drug testing. A form, for documenting caiuse for a 68 501 PRA Officers and Detectives. 10/01/202,2 — 09/3012025 1 3. in all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. � oil 0 0 - - ,« o0 1. It is each empl�oyee's responsibility to be, fit for duty when reporting for work aind to inform his/her suipervis,or if (s) he is under prescription or non - p rescri ption med ic�a:ltio n whiich may affect job pe rforma n,ce. 2. In the event an employee observes behavior in another employee, which riaises a doubt as to that emipiloyee"s ability to perform work in a safe, reliable and trustworthy manner, the employee shouilid report thiis behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or reih abilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fuilly piarticipate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program wi'lil be responsible for payment of the treatment and/or program, If the empiloyee fails to comply with the treatment and/or prograim, the employee will be subject to discipfine, up to anM including term inatio n. 1. The MRCi 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 relevainit 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 resul�ts,i 3. The MRO wil�l provide confirmed test results to the Human Resources representative from, the Ci�ty. ji�f alcohol' and drugs in the following circumstances, 69 502 1. Pre-employment. Job applicants who have been offered a position of employment and whose job requireiments alire that of a mandatory -testing, safety -sensitive, orspecial-rilsk position are required totake a drug and alcohol test, i 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion, of'drugr or alcohol use (as defined herein)i, are required to take a drug, and ol test. 4n3I . Post cident-. Emiployeies are ,s ~d to take a drug,and alcohol test when the employee is involved in a jiob-rel�aiteld incident consistent with Section 1.3, 13,e,i, and whenever there is discernible property dialmaige unrelated to ail motor, vehicle accident. 1 EM, 0 111 i ��, 1111111111111111 11 111111 . . - is I 1 - . - My"=.1i I MIT, al uesfgnateu Pv� (3) PBA members who will be randomily tested for that molnth. A Unioln Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6i) months. S. Fitness for duty: All employees who are subject to roulit�ine ainnual medical after their return to work. These stipulations may be codified in a Last Chance Agreement. 1. An employee who refuses to submit to a drug and ailc�oihol 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 Wenefits, 2. A job applicant, as defined in section 1.3, #9, who refuses, to submit to a dru—g aind alcoll test will not be hired. I Thle City may administer disciplinary action, up to and including, termination, for a employee who has a pioisitive, confirmed druig or alcohol test. I 7'0 503 PBA Officers and Detectives. 10/01/2022 - 09/30/2025 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 tes,t reports, written or otherwise, receiIved by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Prog�rami, laboratories, drug aind alcohol rehabilitation programs who receive or have access to information concerning drug test resuilts shall keiep all information confidential. No such information will be released unless there is a voonsent, signed by an emiployeie or job applicant, except where such deemed appropriate by a professional or occupational licensing board elated disciplinary proceeding. The City wiill malintain record:s concerning drug testing separate and apart from an emploiyee's or job applicanit's, file, Employees and job applilcants may confidentiailly report the use of prescription or noIn- prescription medication both before and after having a drug test, 1 if I'M 0 J LOW =0- Ww Z -193-W Refer to the Employee Assi!staiinc�e Prograim Poilicy for the name, address and telephone numb -11 *f the City's current provider or contact the Human Resourc�es, and Rilsk Manageme Depairtmiient. I irl ll �111 !111111111111111�1111111111 11w�11' Pill III ilillilillwilli ililillill III il iiiiiiiiiii llilill 11111 1 111 71 504 PBA Officers and Detectives: 10/01/2022 — 09/30/21025 1. Alcohol, including distilled spirits, wine, malt beIverag' es and intoixicati�ng lliquoIrs, resulting in a, 0.04 or higher, A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test, 2. amphetamines I Cannabinoids, 4. Cocaine, 5. Phencycllicline (PCP) 6. Hallucinogens 7. Opiates B. Methaiqualone 9. Barbiturates 101. Benzodiazepines 11, Synthetic Narcotics 12. Designer Drugs 13—A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids, U"'IMM' r -W M -1111A J III �I 1 1:1111111111111; 1 1- 111:q if if 0 a mi. loll, * ! A Rarbiturates Dover's Powder, Paregoriic, Pare,pectolin Morphine, Pectoral Syrup Tylenol with Codeine, Empirin with Codeine, Robitussain A -C, Hydrocodone, Coke Crack Diacetylmorphine, horse, smack Dilaudid Demerol, Mepergan Dolophine, Methadone, Methadose Laiaimi, Leritine, Numorphan, Percodan, Tussiones, Fenitanyll, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Noctec, Sommos Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene,, Valium, Verstran, Halcion, Paxipam, Restoril Quaalude Methyl IIce Doriden Elquanil, Miltown, Noludar, Pladdyl, Valmid y1w 11r* w '!!111! # , -FU5-Udrr(:e-7-= to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor -Management C,,mmittee. 72 505 IIU3=-IaM3B=P t ly III I I III III ;II r I I I � 11 11 1 1 1 111171 1� 21,11 � '111 MOM BOOM= Ir. "I "Mm "Id, 1, 14 9 0 WIVIREW", A 101� Im A/cohol, All liquid medications containiing ethyl alcohol (ethaniol). Read the label foir alcohol cont�ent. Amphetamines: Pbetrol, Biphetarnine, Desioxyn, Dexedrine, Didrex, Lonamine, Fastinl,, Cannabinoids: Miarinlol: (Dronaibiniol, Cocaine- Cocaine, HCl topical solution (Roxanni,e) Phencyclidine- Not legal by prescription Methaqualone: Not legal by prescription iates: Parep.—oric�, Pare!.;,ectolin, Donna with Codeine, APAP with Codeine, Aspirin: withi, Codeine, Robitussin AC, Gulatuss AC, Novahist�ine DH, Nlovahist�ine Expectorant, Di�luadid (Hydromioirphonie), MS Contin and Roxano, (morphi�ne sul�fate), Percodan,, Vicodin, Tussiorgainicline, etc, Borbiturates�i Phenobarbitol, Tuinal, Amytal, Nemblutal, Secoinal, Lotusat�e, Floriaril, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenillin, Thaid, etc. B'enzodiazepine- Ativan, Azene, Clonopin, Dal'man,e, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxiparn, Restoril, Centrax, etc. MethadoneDoll'o,phone, Metadose, etc. III&SIM gli'Ll February 27, 1991 An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medicatioin(s) because the presence of these medications in the body may have affect�ed the outcome of the test�. minIFUIT. - III.Mi 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 & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the Cit�y's, Policy. 2. Ilf the explanation or challenge of the employee or job applic�a,nt is unsatisfactory to the City, the City will provide a written explanation as to why the empiloyee or job aipplicant's explanation is, unsatisfactory, and' a copy of the report of positive confirmed test results will be provided to the empiloyee 73 506 =311W w'� 3. An employee may further challenge, the resuilts 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 4401, Florida Statutes. 4. If an employeei or job applicant conitests the drug test results he/she must promptly notify the Medical Review Officer (MRO). 74 507 -9 014,71111 IT, ". Me MMM244 I M This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Floridal municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH! COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chiaipter No. 2015-39i, Laws of Floricla), hereinafter "iLegislati:on" regard�ing the use of insurance premium, tax revenue ("IPI and WHEREAS, the City has a retirement pension plan and fund for police officers knioiwn as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum, benefits and', as set forth in chapter 18�51, Florida Statutes; and Mesu-TY ine Min I benefits, may deviate from the provisions of the Legislation by mutual consent of the memiiblers' collective bargaining representative (PBA). 2- . The total of ninety thousand dollars ($150,000), of IPTR, whether base premium tax revenue or addit�ional premium tax revenue, received' by the City will be u1sed to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund, These funds wiill be provided to the City in increments of th:irty thousand dollars ($50,000) in November 20i22, November 20i23, and November 20124,, 75 508 ADDUIM itclo To provide financial assistance, when such fund'ing is appropriated and approved in the City's I Hiuman Resources DepartmenVs annual budget�, to eligible full-time regular employees, who are enrolled in an! undergraduate or gradulaite clegree program at an accredited college or university IIIII pi 11�1 !IIIIII I 1 U E -11 U W M Employees who are eligible to participate in this program are full time,, non-probati�onary, emipl'oyeies covered under, a PBA Collective Bargaining Agreement. Employees must be "in good receive reimbursiement throprogram. a. Accredited college cir university: A college or uin,iversity that has, attained accreditation as documented by inclusion lin the Ul.S. Department of Education's Office of Post -secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (bLtps.,LLqpe.ed.gov accreditatioL s Director of H�uiman Re ources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this d�atabase, b. Full-time: An employee who is in a job claissifi:catioin designated as full-time and'! who is .w .w to work a minimum of thirty-six (36) hours per work week. good standing": An eligible employee who: 1. Is actively employed' on the date of program enrollment and through the date of reimbursement. - 2. Has not been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of pogram enrollment through the date of reimbd 3. For one (1) year priori to the! date of program enrollment and thlrough the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than twenty-f6ur (24) hours or three (3) daiys and has not been demoted for disciplinary ireiasons. d. Non-p,robationa -, An employee who ompileted his/her initial one (1) year probationary �period. Employees, who are on a probationary period solely due to a 77 509 SIGNATURE PAGE for MUTUAL CONSENT AGREEMENT LQse of Ila surance Premium Tax Reveqqo W fimdqm�� City Attorney 7'6 510 W14M Time position Tor morefinan one tl) year ar r., --rea non-prUffaTfo–n—ary' orpurposeis, of thiis, policy. The budgeted Tuition Assistance Program funding will be split into, two separate pools so reirribursement opportunities can be fairly appropriated based on typical academic calendars. If funding remiiainis available after processing aill eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but tot reimburs&- will We recotsidered, Reimburisemient Period One: For course dates between August and December * Deadline for submiitting ReimbursementWww lications, January 311t * Final reimbursement issued in February Reimbursement Period Two: For couirse dates between January and Jully * Deadline for subm,itting Reirriblursement Applications, August 3V * Final reimbursement issued in September 1. Course that is cover dl by any non, -ref unclable f inaincial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 78 511 4. Course that earns only Continuing Education Credits S. Exam preparation course or entrance exam; 6. Course taken as "audlit onily", 7. Course graded'onily as "Pass/Fail"; 8. Course issuing credit onily as, "Life Experience' and/or "Portfolio";i 9. Course fulf illinig only a �physicail education or sexuail educatiion requirement; 10. Course taken that is not part of an eirnployee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program, D. The letter grades an empilloyee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to elligible expenses. • A = 100% • B = 75% • % • D = 0% ineligible for reimbursement under this policy), • F = 0% (ineligible for reimbursement under this, policy) An employee who receives an "Incomplete" or who withdraws from a, course is, not el bllei for reimbursement under this poli�cy, E. Any tuition assistance provided to, an employee pursuant to this pop to a, maximu i of amount of $,5,25�01.010 in any calendar year is excluded from tax: any amount receiv in excess of $5,2500 in any calendar year, will be treated as taxable Income, ais requir by the Internal Revenue Service (I'RS). I An employee who separates employment for any reason other thian a City -initiated layoff or termination within twenty-four (24) months of receiving any amount of financial i assistance pursuant to this policy, a'u,thorize�s the City to deduct the almount(s) of such reimbursement(s) from any amount of payout to which (s)hie would have otherwise been entitled', An employee who is not eligible for payout or who does not have sufficient payout valliue from which to deduct the reimbursed amouint(s) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an empoiyee's responsibility to timely submit enrollments, agreements, reimbursement applicatiionis, and other required documentation for participation in thi's progriaim. No employee should expect or rely upon the City, Huma,n Resources, or any other person to "remind" him/her of this proigram'si requirements a:nd/or deadlines. 79 512 PRA Officers ainId Detectives:10/01/ 022 —,09/30/2,025 a. This program is at the sole discretion of the City and may be suspended or cancelled at anytime. 1. Human Resources will log completed Participation Enrollment Forms and Proigra Agreements in the funded fisc�al year's Tuition Assistance Program Traiickil spreadsheet "Enrol liments" tab. 2. Human Resources will review the Participation Enrollment Forms and will confirk-M anM log eligibil"Ity on the "Enrol ImIents" tab. 11 c. A, separate Tuition Assistance Program Reimbursement Application is required to be submitted for each course for which an employee is requesting reimibursemeint. These Reimbursement Applications are accepted on, a rog basis per Reimbursement Period, and al;l required documentation is required to be submitted with each Reimbursement Application. The submission of a, Reimbursement Application does not guarantee reimMursement. t Completed Reimbursement Applications with required documentation must be submitted via electronic mad to-, Lir2_bbfLus with the subject l�ine: Tuition Assistance Program. 1. Human, Resources will assiign each Reimbursement Application a tracking number based upon date and; time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means Tuition Assistance Program, YYYY means calendar year, MM means calendar monith, DD means cal I endar day, and ### indicates the number of the request received on the specified date. Forexample, the first request received on October 1, 2017 would be assigned the tracki�ng number: TAP -2017-10-01-001. 80 513 21-11T*Njz=.11!=MM 0 1 11 1 11. 1 2. Human, Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mai!ll to the employee, who will need to resubmit a completed Reimbursement Application, with supporting documentat�ion in order to be idered for reimbursement. A new tracking number, will then be assigned consi based on the date of receipt of the completed Reirribursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application the funded fiscal year's Tuition Assistance Program Tracking spreadshe "Applications" tab, I L Human Resources will reconfirm an emploIyee"s eligibi�lity. The course Finiail Grade, Credit Hours, and Boo;k(s) Cost will be logged on the "Applications" tab, i i i. Human Resources wil�l log the eligible reimbursement amounts for credit hours and t�extbook(s) and will callculate a total el'igible reimbursement amiount. e. Reimbursement Processing will begin for the Reimbursement Period One following the Januilary 311t deadline for submitting Reimbursement Applications. L Huimain Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an emi;ployee's eligibility, iiIi Human Resources will log each eligible Reimbursement Application in, the funded fiscail year's Tuition, Assistance Program, Tracking spreadsheet "Reimbursements" tab up to the Maiximuimi Per Person Allowable Reimbursement Amount (see Addendum for these Amounts)., This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. iii. Auman Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finiance. funds are remiain,ing in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this, remaining 81 514 P BA Officers ,and Det ect] ves: 10/01/2022 — 09/30/202 5 i balance to the beginning Program Budget Balance for Period T Reimbursements. i f. Reim, burseiment Processing will begin for the Reimbursement Period Two following the, August 3111 deadline for submitting Reimbursement Applications. L Human Resources will sort completed eligible Reimburse me Applications by Tracking Nulmiber order and reconfirm an employee] eligibility. iL Human Resources wil�l log each eligible Reimbursement Application in! the funded f'iscai,l year's Tuit�iion Assistance Program Tracking spreadsheet "Reirribursements" tab up to the Maximurn Per Person Allowable Reimbursement Amount (see Addendum for these Amounts), This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleteid. iii. If funding remains available after processing aill eligibile and a,ppro�ved Period Two Reimbursements, Human Resources will reconsider Period O ! i ne Reimbursement Applications that were egiible but not reimibursed clue to that period's allocated budget Al iv. Human Resources wilill complete a 121 for Tuition Assistance Program Reimbursement and route for appirovals and processing by Finaince. v. Finance will press all approved Period Two Reimbursements in September. 82 515 PBA Officers and Detectives, -10/Q3/2022 —09/30/202 �� IN�� IIS �'� �"�'jl�lll �, �r -„. -� � r Applications will be considered, on a rolling basis for enrollment in courses in which c�lasses began on or, after August V of each year. M- Mad 411111.1 W I iTAUTTITIg Erie idsi: tale Ui, tile teirril/se the course(s) for which reimbursement is being requested, In no case will reimbursements be p�rocessed ollutside of the fisc�ail year, ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS:! Copies of original receipts are required for reirribursement. Failure to prov'ide proper docurnientaition willl result in ineiligibility for reim,bursemeint. Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 5T02 Bachelor Degree Course: $179.90 $13433 $ 89.95 Graduate Degree Course: $336.77 $252.58 $16 ,39 Finail Course Grade: A, B C Per Course: $150.00 $112,50 $ 75.00 T No employee will be reimbursed for more than twelve (12) credit hours per, funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based, on degree-, EM 83 516 %l Rl ILI fit ORR A 9-ITili A (J Agreed to this aa�! day of 4yj _3,?4L _L�e-r 2022, by and between the respective Parties through the authorl17ed representatives of the PBA andthe City. PALM BEACH COUNTY jOhni Nd By:—XL°amu:L� Katle Mendoza, Legal Coca By: I Ss TV heir ,eir Y' 'Witn'Olss smmm= date m zgm�� 517 16 17 is 1,19 20 RESOLUTION R22-130 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTCIN BEACH,, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE POUCE SERGEANTS FOR THE I'ERIOD OF OCTOBER 1, 2022 THROUGH SEI)-TEMBER 30, 025, AND AtJT1- 0RJZtNCq' AND DIRECTING THE INTERIM CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING' AN EFFECTIVE DAT E. WHEREAS, the City of Boynton Beach and the Palni Beach County Police Benevolent Association have successfully, concluded negotiations Jow a three (3) year contract for the Police Sergeants; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests ol"the residents and; citizens ol'the City to ratify the Collective Bargaining Agreernent and execute (tie same. I NOW,111EREFORE, BE ITRSOLV EED BY THE (1TV C() MMISSION (')F THE CITY OF B( . )VNT'ON BEACH, FLORIDA, THAT: Section I The lore oink; "Wl 11"'REAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 28 29 30 3t 32 33 Section I The City C.,onimission of'the City ol'Baynton Beach, I'lorida does hereby ratify the,: Agreement between (lie City of' Boynton Beach and the Palm Beach County Police Benevolent Association Police Sergeants Unit f'or tile period of'October I,, 2022 tho-OUgh Septeniber 01, 2025, and aUthorizesand directs the Interim City Manager to, sign the Agreement, a copy of` saki agreement being attached hereto as Exhibit "A". Section 3. This ResolUtiOtl will become eflective inn'nediately upon, passage. S Ranficuitwns'WHC 1111A Sergeams, CIA 2022-25 - Rest) doe x 518 34 PASSED ANI) ADOPTED this 22nd day of September, 2021 .; 5 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor - Ty IPense,rga 40 41 Vice Mayor - Angela Cruz 42 43 Commissioner - Woodrow L. Hay 44 45 Commissioner - Thomas Turkin 46 47 Commissioner - Airnee Kefley 48 49 so 51 52 53( ATT T- 54 5 5 . ......... 56 M a�y I e �D�q JI s6s, MPA, MM CitC ; ty r 1'.' V 57' Cler, 58 N To/v 59 46 60 (Corporate Seal) S EAL 61 INWRpORAIED* 62 �19,20 0' 63 64 VOTE 0010 Ty Mayor APP 'T,&ORX'2 MjchaeV D. Cirulllo, Jr. City Attorney PHA Seigeants CCA 2022 25 - Roadocx 519 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2022.SEPTEMBER 30, 20,25 520 PBA Sergeants. 10/01/2022 — 09/30/2022 i f -A .1111-41541:14010 11 t4 1111 ARTICLE PAGE NO 1 Preamble 1 2 Recognition and Notice 2 3 Non -Discrimination 3, 4 Dues Deduction 5 5 Union Business 6 6 Bulletin, Board 7 7S Assignment Pay 8 8S Vacancies and Probation 9 9 Management Rights 10 10 Hours of Work and Overtime 11 11S Wages 13 12S Seniority 15 13S Additional Monetary Benefits 16 14 Uniforms 20 15 Annual Occupational Fitness Evaluations 21 16 Group Insurance 24 17 Leaves 26 18 Holiday Pay 30 19 Funeral Expenses 32 20 Training 33 21S Reproduction 34 22S Personnel Records 35 23 Legal Action 36 24 Discipline 37 25 Appeals of Disciplinary Action 39, 26 Grievance and Arbitration Procedure 41 27 Personal Vehicles 45 28 Drug Testing 46 29 Postingof Assignment and Promotional Opportunities 47 3O Complete Agreement and Waiver Clause 48 31 Severability 49 32 Duration 50 33 Take Home Vehicles 51 34 Off -Duty Details 52 35 Pension 54 36S No Strike or Lock Out 56 37S Workers' Compensation: and Leaves, of Absence 57' 385 Qualifications for a Bargaining Unit Position 60 Addendum "A" — Drug Free Workplace 61 Addendum "B" — Mutual Consent Agreement (lPTR) 74 Addendum "C" — Tuition Assistance Program 7'6 521 PBA Sergeants: 10/01/2022 - 09/30/2022 ARTICLE 1 This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter •w to as the "City" and the Pailm Beach County Poilice Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA," Association or Union, for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of empl�oyment, and benefits. 1 522 PBA Sergeants. IQ/01/2022 — 09/30/2022 WOO -lb--eL-Ify—recognizes trie ne FAM! r,epresent�at�ive for the purpose of collective bargaining with respect to wages, hour's and term's aind conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Sergeant oras mod'ified by PERC. Theterm member' or "employee" wi:ll mean any member in the bargaining, uinit. The, PB,A recogniizes the City Manager, the City's chief executive officer, or hiis,/her designees as the excluisive City represientative(s) for the purpose of collective bargaining with respect to the i wag�eis, hours and terms and conditions of employment of PB,A bargaining unit emp:loiyees. Al�l notices coincerniilng the wages, benefits, and conditions of empiloyment of bargaining A General Counsel and miaile,d or delivered to 2100 N. Florida Mango Road, West Palm Beach, Fl. 3i3409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City, Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBiA, All notices to the City will be addressed to the City, Manager with a copy to the City's H,uman Resources Director aind mailed to P'.0i, Box 310, Boynton Beach, �FL 33425iIf changes occur, the City will advise the PBA in writ�ing of the, names and addresses of other City representatives, if any, who are authorized to accept notices from the P,BA. Notice by the PBo anyone other than �L�kgn 4LA the Cit�y. 2 523 PBA Sergelaints. 10/'01/2022' — 09/30/2022 F1111111MAS 0 0 1 -, The City will not interfere with the rights of officers to become members of the PiBA, and thiere shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capiacity on behalf of the P,BA. The PBA shall not discriminate against any bargaining unit member who fail'is to join the PBA, as provided by law. The sole remedy for charges In this paragraph is the filing of an Unfair Labor practice (ULP). The City and the PBA oppose discriminatory behavior of any nature, The Cit�y w M shall work jointly to eradicate discriminatory conduct ini the work place. To that end, the City aind the M,A agree -Mat *-? �,Wvil N�,e ani -Kinvi,c-live i tt P.Ict�;?,&?.iW�,iiscrimi�i-,,2tjilry wK-ei it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termi�nation. WoDiscriminatory conduct means AIVO(l C? b !ralgr 121ne& ) liclil is u-twlci I ie�, objeitloi e. 7 -ible, r tot acceUta inat�ional origin, physical or mentail'd'isability, siexual orientation, age, marital status, or any ot�hier unlawful factor. Alleged violations of thiis section shall not be subject to the grievance and/or arbitration pirocedure established herein; rather, they may be filed with and remedied by the appr,opriate l�oical, state, and'i/or federal ageincy, Sustained allegaitions of violations of this paragraph, resulting from ain internal investigation remain subject to the grievance and/or arbitration procedures established herein. Any investigation into a complaint off. Law Enforcement Officer's alleged violation of any provision of a Ilia w/regu latio n unider the purview of the Equal Employment Opportunity Di�rect�or of Human Resources and Risk Management. As such, the Director of Human Resources Z�iw'f Internal Affairs case/investigation related to such complaint/all�egation. The Director of Human Resources and Risk Management is subject to all confidentiality requiiremeinit�s applicable to Internal Affairs investigations aind the penalties for violat�ing any such provisioni. Fill pRUM-,717T "IT Erie C0FT1,F11dllF1L/d11!e6d1U 1 ana anjr M Jaujis 0lWTLQfi`-QE complaint/allegation. Internal Affaiirsi investigator(s) shall then confer aind col with: the Director of Human Resources and Risk Management on all aspects of the investigation, The 3 524 PBA Sergeants: 10/01/2022 — 09/30/20 2 Director of Hurnan Resources and Risk Managerrient may be present at any investigatory interview/interrogatiobut may not dduring that interview unless re,quiested by, the member. Any compaiinit of a Law Enforcement Officer's alleged violation of any rvis,ion of a i law/regulatioln under the purview of the EEOC that is made directly to, or filed directly with, a member of the C�ity's Hluman Resources and Risk Management Depabe immediately referred to the Police Chief (or Acting Police Chief). The City shall foaw set forth in Floricla Statutes, Sections 112.532, 112.533, and, 112.534, commonily known as the "Police Officers Bill of Rights," throughout the investigation. 4 525 PBA Sergeants: 10/01/2022 — 09/30/2022 F-IT."WWW'. The City will cleduct Union dues from the pay of any biargaininig unit member who voluintaril�y requests such deductions upon receipt of a notice from the PBiA and approval by the City. The total amoiunt of deductions shall be, remitted each month by the City to the Treasurer of the PBA. This authorization shaill remain in full force and effect during the term of this Agreement or for thirty (3i91) days after notification of the revocation of the authorizat�ion to deduct by the emplMyee. 5 526 PBA Sergeants: 10/01/2022 — 09/3Q/2022 ARTICLE 5 WOMI-IMINAM ...... . . ....... . . - Elected PBA representatives who are on duty may be granted paid leave to engage representation activities on behiailf of the PBA or any member as follows- I * Engaging in collective bargaining with the representatives of the City, * Processing of grievances. CAccompanying a fellow bargaining unit member when: 1. The member is required to appear at a hearing relatedto a grievance. 1 The member is prese�nt�i:nig or responding to a girievanice. 1 The member is subject to questioning and believes (s,)lhe may be disciplined. The City may neg�ate the member's concern regardling discipline by written confirmation to the officer that (s)he will not be disciplined based' on answers piroviraw in the cluestioning. 4. The member is attending a pre-cletermination hearing. The City may deny a request for time off if it interferes with productivity or staffinig needs., However, the exercise of such right on the City's part shaill noow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative em,pl:oyed by the City may be permitted to take unpaid leave to attend i functions of the PBiA. If the leave resuilts in the City incurring overtime directly related to the ailbse�nc�ei, the City will not approve the request. WMU0 w, w 2 -is referenced in Section L 61 527 PBA Sergeants: �10/01/2022 — 09/30/202,2 WDIEWATOM, IQ The C�ity will provide builleboard space; one in the Line Up Rolom and one in the Investigative Services Section for the exclusive use of the PBA, for, pobulletins, notices and; other union materiail. The Union wil�l supply locking style bboards, A notice or item w on the wik 0 4ftJ ace_theJeg, i b I e d this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board, 7 528 PBA Sergeants* 10/011/2022;-0 / X1,/2022 WOR ASSIGNMENT PAY Section 1, Sergeants acting in the caipacit�y of Acting Captaiin shall be paid seven percent (7%) above the sergeant's regular rate of pay. S i eict lon 2, The pro�visi'ons of this Article shall not apply to persons plerformin:g other th reguilar road patrol cluties, including details. 8 529 PBA Sergeants:1 /01/20 — 09/30/2,022 UWM IzM' Z9. I MI � 10 9; us I A UK J, Sectlioln"11. Vacant positions shall be filled by the City through recruitment and on oif employees on, the basis of their quali�fications and relative knowledge, aibi�lities, and skills. The decision to fill a vacant position is reserved to the discretion of the City Manager., Section 2, Veterans' Preference: The City complies with, aill Veterans' Preference req:uiirements pour ant to Chapter 2021-57, Laws of Florida and F.S.S. 295.,07'. Section 3. All newly promoted Police Sergeants have a probationary period of one (1) year from, the date of promotion. Section 4. All Sergeants s,hal�l serve a one (1) year probation from the date of the appointment. During a Sergeant's, probationary period, a Sergeant is subject to removal from appointment without staitement of causei. Section 5i. A promoted Sergeant removed from his/her poon during probation shall be reassigned to the position from which (s)he was promoted. 91 530 PBA Sergeants* 10/01/2022 - 09/30/2022 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the publicand exercise controll and! dioover its QrF,L?'tjzati** a,-t4l waw' w Ill i Iso Vie Wwi 1j * jirect its em nlo,%ees. taK.--A W170IFFMIR legitimate reasons,,. �Howeve�r, the exercise of such rights shall not pde employees or their reAireseilatives, fr*,g grievaAces, si�*ulO clecisita-'xis *".,e-�z%(#-,v4w,,atters �.,2ve e piractical consequeince of violating the terms and conditions of any collective, biargainiing agreement in fo rce. If the City falls, to exercise any one or more of the above functions from time to e, it shall not be deemed a waiver oght to exercise any or aof such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limitedby law shiaill remain with the City., 10 531 PBA Sergeants. 20101/2022 - 09/30/2022 IM0111111MEMMIM The work cycle for bargaiining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cyc�le per bargaining members assigned to 8 and 10 hour shifts i's a 7 day work cycle. For the purpose of calcuilatinig overtime, bargaining uniit members as,signeid to the 11,5 hour shift i wil�l be paid overtime for all hours worked in excess of 161 hours in a 28 day work ' cycle. For the 6-Adf-VVVe �ttj-� "ve-�4�r" be paid overtime foours worked in excess of 40 hours in a 7 day work cycle. For plurposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. #vertime pay, when so granted, ormally be contained in the member's next regular p check following the time worked. Employees who are in an on-d�uty status seven (7') minutes either prior to or after their shift will not be elligible for overtime pay. Employees who are in an o!n-duty status more than seven (7) to be eligible for overtime pay. 11fie Ii,ii ililillilljllllllllllilljll��111111111111111111111 FUCT-Tt 17d" VtTFIVA 4 C-dTf,76r: M 0 TTO—I-1111r,11 4 E S 1 . S! 1LA-1 M. MZ5 CK13, § 785M. Example: 6:�53 — 7:07 7:00i —11 Pursuant to Article 9, it is a Management Right to establish and change the starting and ending times. Individual work schedules maybe flexed (hour for hour) by personnel assigned to specialty uni�ts, upon request by the employee and mutual agreement between employee and supervisor. Flexing of time must occur only within a single work week. Uniform Services (group) shift notice to the Ulnion of the change. 11 532 PBA Sergeants: 10/01/2022 — 09/30/2022 continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an wuty assignment, Le, late arrest, Memibers of the Bargaining Unit acknowledge that they have an obiligaition to come to work physically and mentaprepared to efficiently and effectively carry out their responsibilities. For the purpose of this section, work means regular assigned duties and detail assignments, The continuous eighteen (18) hours does not include time spent in court, depositions, filings, and similar judicial respons I bil ities. Members who work eighteen (18) hours continuously withiin the past twenty-fouir (24) hours must remain off duty for a miniimulm of six (6) hours, V4 duty, obligation, and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside empoyment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a, conflict with the employee's employment with the City. To request approval, an employee Should: i I (a) File an "Outside E�mp�loyme�nt Request Form & Affidavit" with the Human Resources Department. The employee must notify th e Hluman Resources Department of changes in conditions of'any outside employment, by the City. I (c) An employee must report ail�l injuries sustained during any outside employment to the emploiyee�'s supervisor and Risk Management prior to the; empiloyee's next Scheduled work day at the City. An employee's faiilure to report an injury sustained during outside employment shall be grounds for corrective action. 12 533 PBA Sergeants: 10/01/2022 - 09/30/2022 ARTICLE IIS Year One- On October 1, 2022, each bargaining unit member will be placed in the step that corresponds with hiis/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's proon to the rank of Sergeant, i (s)he wil,l advance to the next, step. There is no payment or advancement beyond Step S., ei Year Two: On October 1, 2023, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)lhe will advance to the next step in the pay plai,n. There is no payment or advancem- b. rr beyond Step I Year Three: On, October 1, 2024, each bargaining unit member will be placed in the step that correspondlis with hisher current years of service with the City in the rank of Serg�e�an,t�. On the anniversairy date of the member's promotion to the rank of Sergeant, (s)he will! advance to the next step in the pay plan. There is no payment or advancement beyond Step 5. 13 534 PBA Sergeants: 10/01/2022 - 09/3,0/2022 535 PBA Sergeants., 10/01,/20 '-0 / 0/ama ARTICLE 12S Section 1, Seniority shall be computed from the date of Promotion to Sergeant. If two (2) Sergeants have the same date of promioti�on, the date of initial appointment to the service of the City as a Police Officer shall be the cletermining factor. Section 2. Section 3. Section 4. The City shall have the right to determine the number of Sergeants assigned to each division and each shift. Section 5. For layoffs and other non-clisciplinary reductions in per'soninel, Poilice Seirg, eants will displac�e lower ranking officers in the event that the department iis req�uired to layoff' personnel. For example: if a Police Sergeaint's posit�ion, is to be abolished, the incumbent with the least Seniority CE, Ma" N .1 HIM 1s 536 PBA Sergeants. 10/01/20,22 — 09/30/2022 ARTICLE 13S 0 a 0 �'Ji M`1�111331MME= (a) Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief �or Designee) for participating in required educational and/or required training activities, speciail projects, andlor events. In addition, members are eligible to convert any overtime hours, to compensatory t�ime, Subject to the following: (�b) A, bargaining unit member who is promoted to a; position outside of the Police Sergeants bargaining unit, or who separates, from, employment will be paid the bailance of all unused comipens,atory time at his/her last hourly base rate of pay in the Police Sergeants" rank. The Depairtmient shall develop a call-back policy, based on seniority, ch provides for t following: I A. Shift vacancies or vacancies created by special events or other exigent situations wil�l be filled by Sergeants from the off -going shift or those currently on duty. This establishes that shift supervisors, whose end time is 01500 are eliigible for the day shift 16 537 PBA Sergeants: 10/01/2022 — 09/30/2022 vacancy starting at 0430. The t�hiirty (30), minute overlap does not preclude off -going shift supervisors from eligibility, as long as the overlap is whi�le the el�igible supervisor is working and not after the supervisor has, compIleted his shilft aind ha;s gone out of service prior to the shift vacancy. R in the event that vacancies cannot be filled by on duty, off going serg�e:ants, those sergeantsiwho are, not on dutywill be offered the vacancy through a "seniority wheel" process. Sergeants will, be called in order of seniority until the vacancies are filled. On the neIxt occasion where a vacancy is to be fiilled by other than on duty, off going sergeants, the starting poIint on the Seniority wheel' will be the name of the sergeant immediately after the sergeant who elected to fill the last vacancy using, the "wheel" 0 0 0 • E3= A. EmiployeeIs directed to be on operational stand-by status or on call mulist be able to respond to a specified loon on duty within one (1) hour and s,habe compeinisated for one hour at t�ime and one half (15) the employee's regular rate of pay for each day (24-houir period) on call. B. In the event a bargaining unit member on call responds for duty, the bargaining unit m e m be r s ha I I rece i�ve, add ition a I ly, Ca I I Back pay as provi cled i n th is Airtic�l e. C Any member, regardless of theIir assignment, placed! in ain "On -Call" status, must have the approval of the Chief of Police (or DesiignieeI), A. Court time will be paid at time and oIne-half when the officer is not on his regulair II assi:gnment�. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. BAn employee who has been instructed to remain on standby for court appearance purposes during the empll:oIyeei's off-duty hours shial'il be paid one-half the straight time hourly rate for each, hour on standby up to a maximi!um of eight (8) hours of 17 538 P8A sergeants: 10/01/202,2 — 09/30/20122 0 0 0 6 0 lF ..... Section 5. Administrative Sergeant Pay, I One Sergeant per Uniform Services platoIon per day wiill serve in, the capacity of Administrative Sergeant and shiall be entitled to receive thirty (30) miiniutes of overtime pay for performance of tasks generic to the position such as organization, shift preparation, and review of subordinates' I work, provided they arrived't�o work thirty (30) minutes prior to the scheduled shift. Section 7'. Reserved liiiiii�ll 111111111111111111111 5 111.1111111 Fo-flowing October 1, 2022, on the anniversary date of the member's sworn service date, --tit police Department, the City will provide a Continued Service incentive at the followi rn ilestoInes, as an annual incentive payment on the memibeir's said anniversary I I Years Amount 11-15 $ 7510.00 16-20 $1,500.00 21+ $3,000.00 �Members who are pirofic�ient/fluenit in, speaking, reading, writing, and understanding orl I lII I III lIIll I •III 'I III Inpil IIIII111pill I I MI' 18 539 PBA Sergeants. 10101/20 — 09/30/'2022 o communications in the languages of Creole or Spanish and wihio have successfully passed a language proficiency test through a vendor approved by the City and the Union, are eligible to receive a Language Proficiency Inilcentivel of fifty cents ($;0.50) per hour. [Note: The City, and Ulnioollectively determine the standard proficiency level required for incentive ellig' ibility once a venclor(s) has been Selected. The final incentive details will be completed and available for implementation no later than November 15, 2022.] �19 540 PSA Sergeants:1 /01/202.2 — 09/30/2022 0111INtsul I Section L The City wil'il provide up to three (3) full uniform sets per year aind two, (2) pairs of shoes per fiscail year. Purchase of shoes shall be limiited to $150.010 per pair. The City will supply rep lace ments for the parts of the uniform when replacement is appropriat�e, as determined by the Pol�ic�ei Chief (or Designee), and if adequate funds are available in the City Budget. Members of the bargaiining unit assigned to, plain clothes duty will receive, in lieu of uniforms, for clothing used at work, up to a total of $1,600i.00 ai, fiscal yeari, limited to $400.001 installments at the end of each quarter. Section 2, Reirribursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer clairning a replacement will 1: be required to include, with his/her cl�a:im, an explanaition of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place, This assigned to pilain c�l'othes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Section 3. The City will bear the cost of cleaning ten (10i) issued uniform pieces per week for the contract year. The City shall notify those empiloyees that are eligible, to take their uniforms onily to the approved dry-cleaning establishment in Boynton Beach! selected by the City. Members assigned to plain clothes wil�l be given a c�a:shi cleaning supplement equivalent to the cleaning benefit provided to uniform officers, This wil�l be paid at the end of each quarter of the contract year, This allowance shall cornmence from the date of assignment on a pro -rated basis. 20 541 PBA Sergeants. 10/01/2022,- 09/30/2022 ARTICLE 15 rXIM, EffMO, 041019111RIMM, M, 111M - - - ----- ---- . ...... Ell 0 X Mandatory, Participation Diue to the importance of certification of fitness, for duty, barg' ag unit members are required to attend and participaite in an occuipat�ional fitness evaluation as scheduiled, once per term of this Agreement. [Note: The City and Union agreed that all members who were active on or befolre August 26, 2022, are required to participate in the are scheduled from October 3 '- 2022 t�h "oqh October 21, 2022, and such participation, will satisfy the mernber's mandatory, participation riequiremenit for the term of this Agreemilent.] BVoluntary Participation Members of the bargaining unit may voluntarily participate in this exam process during years, in which a, member is, not required to participate, pursuant to, Section A. of this Article, order to voluntarily pai rt icii pate, a member must notify the Director of Human Resources and Risk Management by email no later than May 1st of each! year of this agreemeint�. to the advanced notice required to sichWuile these exams through the i vevi*r i W-9 16 WAstitus, i "IW'-P'rA1&1" 2r, alf , 416 c. ofiii W'MT'T'%-redU1'J!edF dF1U (3) In the, event a member who voluntarily elected to participate decides not to participate after May 11% but pirior to completing any portion of the exam, the member i'ls responsible for reimbursing the City for the total cost of the exam through either a payroll ded�uction or by a check made payable to the City of Boynton Beach, within thirty (30) days of cancellation. [Note: The per member cost for the exam for FY 2022-2023 is $420,001 In no instance will the reimbursement cost be greater than $420.001. The Director of Human Resources may waive the, reimbursement cost at his/heir discretion based on the unit member's eixpilanatioin of caincel'lationi, if one is provided. (4) A meimber who voluntarily elects to participate and cw portion of the exam process is then subject to the same pirovi�sions as those who are requiredl to participate. C. Miscellaneous Provisions In an instance where-a-Wgraini�n uiniit member coi will receive compensation equaling two (2) hours at a rate of one and a half (1.5) timeis the b,argaiining unit member's hourly rate of pay. 21 542 (1) It is the responsibility of the bargaining unit member to ensure that this physical evaluation and all folloiw-up testing required solely as, a result of being found "unfit for dut�y" by a medical doctor are completed in a timely manner and as scheduled. (2) Failure to attend, anid/or participate in the mandatory occupatioiniail fitness evaluation as required wi�ll result in the bairg�aiininig unit member being placed on a "no work" status until the evaluation is compilete, Compensation for time in a "noi work" status w oil be through the use of only accrued and unused sick leave, compensatory time, I and" vacation leave (in that order). if all aforementioned leave time is exhausted, the bargaiinin:g unit member will be placed in an unpaidstatus until such time that the full evaluation and any required follow up is, completed. (3:) Forthe term of t�hiis Agreement, the City will contract with a qualified medical proivider to perform occupational fitness ev,aluat�ioni. Records associated with this physical evailuation and ainiyfoll'ow upievaluations required sole/yinic�onnection withthe return to work of an employee who was fouind to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly, maintained in the employee's confidential medical file, which is separate from the emiployee's personnel file. Further, ani, employee who was found to be "unfit for duty," or who was recommended for referrail to another medical pirovider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMILA, and/or Workers' Compensation. iiiiiii III Rill I Hepatitis — Type B: Available to all bargaining unit members o Members who refuse to be immiunized for Hepatitis Type Band who later contract that disease shlaill not be presumed to have contracted the dilsease whille on duty. Hepatitis — Type A: Able to all bargaining unit members. o Members who ref use to be immuniized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease whiile on duty. RAT-Ximm —WIT -M The City shall provide lead testing for Range Instructors. The City wil�l provide for AIDS and Hepatitis screening in instances where a member is exposed' to situat�ions or persons presenting such biological contamination threat. 22 543 PBA Sergeants. 10101/20 —(Y9/ a/ a z The City acknowledges and complies with all statutory notice reqlui�remeint�s and presumptionis regarding exposures, in the line of duty. 2 544 PBA sergeants: 10/01/202.2-0 /' /2022 Section 1, Medical, Vision and �Dental Insuran(a The sole medical benefit plan available to employees will be a High Dieductible Health Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiumis shall be paid by the City for bargaining unit members whil�ei they are empiloyed! by the City. Members are responsible for the cost of covering dependents on these planis. The City Commission, through the Annual Budget process, may, appropriate funds to subsidize I in r-T.M. I », unit mernber's, Health Savings Account (HSA) on the first full pay check date foillowing January 11:� of each year of this Agreement. L In order to be eligible for the annual HSA deposit above, a bargaining unit member must have been actively employed with the City on September 301h of the preceding year to receive the next following contribut�ion. ii, The IRS prohibits members who have medical insurance through Medicare, Tricaire, or Tricaire for Li�fe from contributing or receiving contributions into an HSA plain; therefore, the City wi'll provide the cash, equivalent in the member's first ful�l paycheck f 0 ; Ilowing January 11;1of each year of this Agreemea, a, In order to receive this payment, the member must email the Director of Human I I Resources, and Risk Managernent no l�aiteir than November 30th of each year of this, Agreement with documentation that shows the member is covered on onei of the afore me ritioned plans, '67%rWInT Init o1i of: arfeTfiao... JJJJ eacriyearlanawrioellec o ecoverea on the City's medical insurance, will accrue one hundred, and twenty-five dollars ($125.OiO) per active month of service for the City to deposit into their HSA through September of that plan year, This in,itial deposit will be made the first check of the month in which the member becomes enrolled in the City's grouip medical insurance, 24 545 PBA Sergeants,. 10/01/202 2 — 09/30/2022 11w Mw a The City wil�l provide opportunities to convert an annualized total of up to one thousand f - w -w dred dollars 0.00), after pension deductioni, of any comibination of sick and vacation, time at the 1000/6 conveon rate to, help fund their HSA. This conversion can be done at the following times during each plan year (2022, 20i23, 2024, and 20i25): i. October 1st — November 15th (any amount up to an annualized total of $1,500i.1iO). ii. April 1st — April 30th (any amount up, to an annualized totail of $1,500.00). HL "Annual�ized" means plan!, year/cont�raict year/fisca;l year (October ist through September 301th). Section 2. Life Insurance: acc�i de nta I death piol icy with the p re m iulm �pa id by the City. 25 546 PBASergeants: 10/0 /202.2-09/30/202.2 ARTICLE 17 Section 1. Vacation A. Accrual: 1. Bargaining unit memibers accrue vacation hours each pay period when they are in an active paid status of twenty-four (24) or more hours in a work week., No member may use more vacation leave than ('s)he has accrued. The chart below shows the maximum annival accrual of vacation hours based oni, years VacationYears of Service w 1 year 'S /'ears 120 3 years 175 years 128 S years 135 5 year's 144 7 /ears 1.57 8 'years 1.50 years 158 15 years 175 11 years 175 17 years 175 13 years 175 14 years 175 15 years 175 15 years, 197 17 years, 192 18 years 197 19 years 197 0 years 197 71 years & after 7 2m A bargaining unit member may accrue vacation• +w to the Allowable 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 �r exceeding Allowable 301h of each ., 26 547 PSA Sergeants: 10/01/2022 - 09/30/20122 1. Vacation requests may be submitted from 14 - 105 days in advance for vacation, In thei event of conflicting requests, for vacation dates, the senior member's request shall prevail provided the more senior member's request was submitted ninety (90) days prior to the clate(s) requesteid, 2. Vacations of two (2) days or less milay be made with twenty-four (24) hours of advance notice. I 3. Request for emergency vacation, leave will considered individually by the Chief. 4. A bargaining member who is absent without approval will not be compensated for the time absenit and may be subject toi disciplinary actioni. Members are giblie to accrue up to eight (8) Bonus Vacation Hours on a quarterly biasis, by participating in ainid/or meeting certain benchmarks in department ai,nd City safety and wellness, incentives. Details of each quarter's incentive program benchmarks will be provid'ied and published. X Accrual: Bargaining un,it members will aiccruie sick leave on a bil-weekly basis i hours) for an Rnnualized total oif ninety-six (96) hours pier year, In order to receive accrued sick leave in a work week, a miemiber must have been in an active paid status of twenty-four (24) hours or moire. No member may use, more sick leave than i hiais accrued. Unscheduled Sick. A member shall notify his/her immediate supervisor or designee, in al manner provided for by management, of his/her 111nessi not less than sixty (60), minutes before the start of hiisi/her scheduled shift. If a member fails, to call in within the specified ti�,me, the imember may be subject to progress,ive diiscipiline. This notice the member hails been authorized by Human Resources and the City Manaigeir for an extended leave of awsence. and/or procedures. Documentation to support paymeinit under the "Scheduled sick" pay coide must be provided with payroll. Unisuibed use of such time will result in the time being recoded 27' 548 PIBA Sergeants. 10/01/2022 — 09/30/2022 Sick hours may be requested ainw eid upon approval of the Police Chief (or Designee) for the foowing reasons: 1, Members health, or up to forty (40) hours per fiscal year for illness of immediate family meimber-, the meimber's parent, spouse, or child. 2. Mediical�, dent�al�, or we determined in writing by a phys,ician to be necessary and must be performed during working hours. 3. Quarantine due to exposure to contagious disease. 4. In c�onnect�ion with a member's Workeiirs' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available, connection with an, approved Famiily and Medical Leave Act (FIVILA) leave for a serious medical condition of the member, or t�he member's immed'iate family member, as defined in (FIVILA). The following conditions may be deemed as excessive/abus,ive uise of Sick leave and may result in a referral to Human Resoes for FMLA and/or prw- • w gdiscip 1. Members who have developed a pattern of sick leave usage. 2 1 , Members who are required to use vacation leave in lieu of or supipilemenitation of sick leave to compensate for absences, (exceii approved FIVILA). I -707W ff.$ I T11-77MJ-11 - , 1wils, a (nern d to provide written medical certification, to the Hiuman Resources and Risk Management Department upon return to work. Additionally, a memiber who calls out sick after being ordered to work a holiday, special event, or other mandatory assiignment, is required to provide a doctor's note to Human Resources and Risk Mainagement upon return and to notify their immediate supervisor that this documentation has been submitted. "Consecutive work days" means any daily for which a memiber was scheduled to work, including additional or "overtime"' shifts. 1. Members who are terminated from the City are, not eligible for a payout of sick leave, 2. Meimbee payment made foirtheiiraiccrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, 28 549 PBA Sergeari 10/01/2022 - 09/30/2022 normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plain). Continuous Years of Service Less than 5 full years Years but less than, 10 full years More than 10 full years Upon retirement from the City Percentage of Sick Leave Payout 0% 25% 50% 50% 3. An empiloyee retaii:ns hiis/her accrued and unused sick hours while employed ini a ful�l time position with the C4, If an empiloyeie's stat�uis converts to a part- time position, whethieiir voluntarily or involuntarily, (s)he will have his/her accrued and'! unused sick leave paid out pursuant to the aforementioned table, Members, who have more than one hundred twenty (120) hours, of sick leave as of September 11t of ainy contract year may convert 50% oif'the excess over one huindreid twenty (120) hours to a cash straight time payment not to exceed eighty ('80) hours,. This conversion Payout will occur by September 30th. At the sole discretion of the Police Chief (or Designee), a member may begranted up to sixty (60) hou rs, of pa id person a I leave i n a fisca I yeai r, Th e re is n o e ment to Pe irson a I L ",,;. gijrV t�g P*lice- *f *rjWii, in the event a member has, experienced the death of his/her mother', father, foster parent, step-piareint, broi sister, husband, wife, regi:st�ered domestic partner, son, daughter'. grandparents, grandchildren, mother-in-law, fathier-iini-law, sister-in-law or broither-iin-law, or grandparent of spouse or registered domestic partnieir, a member may use paild compassionate leave not to exceed three (3) consecutive shifts for any one death. However, iif it is necessairy for the member to leave the State in connection with thM internment of the deceased, 11 the member may uise an additional twoi (2) consecutive shifts. Members must submit proof of death within thirty (30) daiys in order to be eligible for paid compassionate leave. The City Manager miay grant addonal!, compassionate leave at his/her soile discretion. 29 550 PBA Sergeants: 10/01/2022 - 09/30/2022 ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the folllowing manner: A. The second paycheck in October, members will receive 90 hours straight I time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: • Veterans' Day • Thanksgiving Day • Day After Thanksgiving • Christmas Eve • Christ�mais Day • New Year's Day B. The second paycheck in January, members wil�l receive 9iOi hours straight time Holiday Pay at current rate of pay on check clate. This payment is for the following holidays: o Martin, Luther King, Jr, Day o Presidents' Day o Memorial Day o Jiuneteenth, o Independence Day o Labor Day Section 2., Barglainiing Unit Members must be actively employed on the paycheck date order to receive the Holiday Pay in Section 1. 1 Section I Bargabers who leave empoiyment must pay back any holidays for which they were paid'but were not employed on date of holiclay. Thiis payment will be deducted from the mernber's final pay check at the hourly rate at which, the holiday was paid. Section 4, New Hires, will receive Hollidaiy Pay on a piroi-rated basis on the first paycheck of the i month following date of hirei. The proration will be calculated as foowsi hired between October Ist and January 1st, �s)lhe will receive Holiclay Pay for only the holidaon 1A that occurred while (s)he was actively empiloyed. 30 551 PBA Sergeants:10/01/2 22 - 0,9130/2022 Bi. If' hired between January 2nd and September 30t�h, (si)he will receive Holiday Pay for onily the holidays in Section 113 that occurred while (s)he was actively employed. Section 5�. There is noadditional pay, premiiulm or otherwise, for t�ime worked on City - observed or actuaill holidays. Section 6. There is no pay, piireimium or otherwise, to Bargaining Unit Memibersi www not work on City -observed, or actual holidays, Section 7. Members; with non-roiad patrol assignments whose scheduled work day falls on a City -observed holiday may have, the following options (based ulpon schecluiling approval of Supervisory Chain of Command): I a) Work on the City -observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City -observed holiday and request to use paid leave (such as available coimp time or vacation leao be compensated for the hours,, or c) Not work on the City -observed hoiliday and be in an unpaid status for those hours (absent any request to use available paid leave), or d) With advanced'aigreement and approval from supervisor, a non -road patrol member may fliex his/heir schedule during any work week in which there, is a City-obiserved holiday. 31 552 PBA Sergeanis: 10/01/2022 — O9/30/2022 FUNERAL EXPENSES w."I. R41 OF .. a I I I a, A 0i Section 2. All employees shalil completei the appropriate form to deisignate by name a,nd .we ddress, the individual to whom suich fundo be paid. In the event of conflicting claims, for payment, the City will interplead the funds by coiurt proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60i) calenddays. 32 553 PBA Sergeants: 10/0 1/2022 — 09/30/20,2 2 a-IMITRITUR uill L)i L&FIlAef NWA-UTALF M itne dFlU d Fldlll kr57=5 Ule 111111 lLei S noa se VaTe actual time in training, i Oj her off-site training/special programs, including but not limited to confe, d seminars, for which the City approves a member to attend and pay's the associated expenses are exempt frolim compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member is attencling that were regular scheduled work hours. The City reserves the right to flex a member's work schedule C* re1uce tXtst #f #verCme tXzt.Ak,?.y result fr*M 2 At/"ieexOiAg sucX, ch?sses PA AjFA- schieduiled work days., The content and' course of weapons training will be estabilishied by the Chief of Police,, Each member will be allowed three oppoirtuniities to meet prescribed quallification standards. If the 14WX w4pmqjAa expense to remain eligible for employment as law enforcement officers. R QTJ F. I AT* R re150 and the Police Sergeaints unit. The provision of the City"s Tuiition! Assistance Program that restricts DiROiP participants from eligibility is not aippable to members of any PBA bargainiing unit,i Section 4. The City reimburse mem,bers for authorized expenses associated with attending training and special schools as approved by the Police Chief, 33 554 PRA Sergeaart c 10/01/2022 — 09/30/2022 1j4;&IjI!I1I!I , 10 The City will post the Agreement on the City's shared drive or any other electronic d,ist�ribluit�i system. I 34 555 PBA Sergeants, 10/02/2022 — 09/30/2022 0 11 IAI I 1 11 UFOIT-31111"IrRIT MM - I WM A — — 14111rzWk . I — PIPA"TITIMMMI" holurs of the reiquest in writing (E-mail is, acceptable notification) when someone ot�ier than a' CitX emiQ]oiei jj t4iw-� MI bLdLLI a lawful criminal investigation when confidentiality of the investigatio' quested, 35 556 PBA Sergeants, 10/01/2022 - 09/30/2022 LEGAL ACTION in accordance with Florida Statutes, the City will provide legal defense for a miember aigainst any dA. t?, n,, rWtY-2M-!AASJm9�? 49g�- I-A.Wa ge SPAIVW. zMC-ol and wit�hiJn the course of hiJs emiploymen,t�, The City will indemnify all members against judgments for compensatory damages entered J Jill Will 112111M, Ill I'llill Jill � 111111111 1 36 557 PBA Sergeants: 10/01/2022 - 09/30/2022 .Section 1, The Parties recognize that the interests oif the community and job security of the bargaining unit members depends upon the, City's success, in providing propier and efficienit services to the community, To this end, the City aind the PBA encourage to the fullest clegree, behavior which is positive and supportive of the goals, of effective municipal management and wilic safety, The Parties recognize the nieed for progressive ailnid appropriate discipillne when ain employee's, conduct and job performance are inconsistent with saiid goals, Section 2. No barg,ainiing uinit memilber shall be disciplined except for cause. Progressive, consiistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and�, depencling oof the, offense, the first action may be at ainy appropriate level including dismissal, A. Written Notice/Reprimand B. Unpaid Suspension C�. Demotion DTermination MAJOR DISCIPLINE is a(n): 0, Unpaid Suspension of more than, sixteen (16) hours; 0 Demotion, or, a Termination, M�INOR DISCIPLINE is, Written Notice/Reprimaind, or; Ulnpaid Suspension of sixteen (161)i hours or less. 71-4-1761-nmrg-17 kn"Pliv Shall be returned to thie position and s,hift(s) he or she occupied imimeidiately prior to the promotion! or to a position and shiift consistent with his or her senionty as a sworn off iicer with the Boynton Beach Police Department, whichever is, moire favorable for the member. Personnel based upoin their completed years oif sworn service with the City of Boynton Beach Police Department at the time of clemotion. Section 4, No Emiployee shall be sulbject to major discipline wiithout first being afforded a pre -d eterm i nation conference wiit�h the City Mainagler. No pre -determination, conference shall be conducted with! less than fifteen (15) calendar days' notice, to the �Employeie., 37' 558 PBA Sergeants. 10/011/2022 — 09/30/2022 Section 5. Unpaid suspensions will be imposed in increments of eight (8) hours loss of pay. Section 6. Members wil�l be ineligible to work off duty details during any calendia:r day on whilich they are observing a suspens,ion. Section, 7, The City will provide not�ilce to, the PBA when, it completes an investigation ov' bargaining unit members that could result in discipilinary action or when an employee is given a suspension. 38 559 PBA Sergeants-, 10/01/2022 — 09/30/2022 MGM 1-141211� :J5 . ......... -MUNIENIZ Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of ti Griievai,nce Process pursuant to Article 26. E B. Unpald Suspensions, of sixteen (16) hours or less (following pre-discipfinary meeting under Chapter 112, Florida Statutes) may be formally appealed to the Chief of Police, whose decision shall be final, A member may submit a written response to be included in his/her employment file. J - be filed in writing via electronic mail to the Chief of Police anid the Director of H:uman Res,ouirceis and Risk Management withlin fifteen (15) calendar days of notice of the unpaid suspension. 2. The Chief of Police shall render a clecision within fifteen (15) calendar days of the appeal. 3. The Chief of Poedecision may be to sustain, fully reject, or lessen, the discipline. The Chief of Poe (or Designee) mialy,i at the request of the member, conduct interviews with 39 560 PBA sergeants: 10/01/2022 - 09/30/2022 departmental staff or members of the bargaining, unit as part of hils/her formal revieiw of the discipline and of alleged violations of this Agreement and/or Chapter 112, Florida Statutes, if apb;le. Ai. P�re-,Distipl�inary Meeting with t�he C�hief of Police unideir Chapter 112 F1'oirida Statutes: 1, Following the initial recommendation of discipline, members may schedule and attend a Pre -Disciplinary meeting with the Chief of Police, pursuanit to Chapter 112, Florida Statutes, and within thirty (301) calendar days of the issuance of Major Disciplin- w, . be in writing (e-mail', is aicc�eptable) to the Chief of Police with a copy to the Dof Human Resources and Risk Management, 2, After the meeting, if one is requested', or after receiving the memibees written wKidn f iftee n (15,) ca lend a r days, 3. If a membler does not request and attend a pre-disciplliniary meeting with the Chief of Police, or does not provide a written statement in lieu of a meeting, within thirty (30i) calendar days of the initial recommendation of discipline, then the Chief of Police,s initial discip,linie recommendatiod. However the i wji B I . Pired'ete�rmi nation Conference with the, City, Manager 1. Prior to the imposition of Major Diiscipline�, a member may elect to participate a Predetermination Confere_r7L-,.,,mn4W-, with the City Manager within fifteen (15) callenclair days of the final determination by the Chief of Police. 2. Members will have a mlinimum of fifteen (15) calendar days' notice of the date of the Predetermination Conference. 3. The City Manager will render a disciplinary decision, which is finial, within thirty (30) cal�endar days of the precletermination conference. C. Arbitration: Foowing a Predetermination Conference with the City Manager, if the fin recommendation of discipline remaiiins as Major Dpl'ine, then the matter may be referr directly to Arbitration, beginning at Step Three of the Grievance Proced'uires pursuant to Artic 26,5A. 40 561 PBA Sergeants, 10/01/2022 - 019/30/2022 U30 Section 1. A grievance, as used' in this Agreement, is limited to a compl'ai:int or request of a i bargaining unit member or the PBA which, involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in, Article 25 and Step Three (3i) of this Article. Section 2. Grievances concerning working conditions not speicificailly covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arblitrationi. Section 3. 1 ni the eve nt a grieva nce s hou I d a rise as to the i nt�e rpretaitioin or the a ppl icatio n of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the 0 olin; I I I � I 11i''11112 1, 101 ii , �iilj 11 ''1 "1 1 toxxi lip V-140 #IQ mikTATImil almlid MMI.T. 1!! 1 1 ILI" Section 4. All references to "'days" in this Article shall mean calendar days, . . - 01 0 "1 »0 . MT-JBMMR M. The aggrieved employee(s) or ain Association representat�ivie on behiail'f of an aggrieved eimployee(s) shall file a Step One written grievance by electronic! mail to the Police Chief and the Director of Hulman Res,oiurc�es and Risk Management on or by the fifteenth (151h) 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, a. Statement of the grievance and the facts and circumstances upon which, it is basedl; bi. Name and rank of grievant(s),; c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The, remedy requested; 41 562 PBA Sergeants: 10/01/20,22 — 09/3012022 I* * * * 0 . fW1 is I Director of Human Resources and Risk Management on or by the teinth (10th) day of relce,ipt of a grievance. If the Police Chief doles not respond in writing via electronic malil, the grievance is presumed to be denied and the empiloyele or an Association representative may advance the grievance to Step Two, If no resolution is reached at Step One, the aggrieved emploiyee(s) or the Two written grievance by electronic mail to the City Manager and the Director of Human Resources and! Risk Management on or by the fifteenth (15 th ) day of receipt of the Police Chief s Step One response., i The City Manager (or Designee), at his/her discretion, may conduct interviews, with the grievant(s), the Union repireseintativei-,,�,mp-o-hp-r-q-nft�iLe-'itai�g,,u` -wk* and/or management to discuss the grievance, The City Manager (or Designee) must notify the Union ainid Grievant within seven (7) days of receipit of the step Two grievance if (s)hie intends to conduct interviews. Once such notification is made, the time period for the Cityl's Step Two response is tollied with mutual ag ree me nt by the Ul n ioin uinti I the i niterviews, ca n be sch ed u led a n d cond ucted , The City Manager (or Designee) shiall respond in writ�ing to the Step Two grievance by electronic mail no later t�haiin thirty (30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date ' If the City Manager (or Designee) does, not respond in, writing via electronic mail, the grievance is presumed' to be denied and the aggrieved employee or an Association If the grievance has not been settled by Steps I and 2, the PBA or the City may requiest arbitration within fifteen (15) calendar days of receipt of the City Maniaiger's (or Designee's) reply or when a re lip i I ijwk�-��IPA— QWT appeals, of disciplinary matters continue alt this Step of the Grievance Process. Director of Human Resources and Risk Management, and electronic mai�l is at�torney, with a, copy to PiBA President. 42 563 PBA Sergeants: 10/01/2022 —09/ 0/20,22 NEF171711 1111.5 WhO e American Association (AAA) or Federal Mediation anid Conciliation Service (FMCS) for a panel of seven (7) arbit�rat�o,rs on or before the fifteenth (15 th ) day deadline, ainid a copy shall be served on the *ther Party. The rules for conduction of the arbitrat�ion will not be the ruiles of AAA or FMCS, unless agreed to by the City and PBA, but will! be governed by the terms of this Agreement, pariel be issued at the rejecting Party's, expeinse. The grieving party shall strike the first namiei with each Party alternating strikes thereafter until only one arbitrator"s name remai'nis, The last name remaining shall be the arbitrator. The arbit�ratoir shall determine the date�si) and time(s) of the hiearing subject to the availabty of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and' the Union. 1Z 103 TiFeen-ti 17nion anD the City; however, each Party s,hall'fully bear the ex�pense of preparing and present�ing its own casei, including the cost of witnesses and' other people it requires to attend! the ?Ai1tr;?tio4,, F ",FTEr-se7eT7r1WfT7fle 11scipilne set Y le C-Ity The dec�ision of the arbitrator is final and bind�ing on the pairties. If the arbilitrat Tr ]b I reverses the discipline in its entirety, the Emiploiyee wiill be made whole. Any and procedures regarding arbitration which are not speicifically set forth in this Secti 1�shall be governed by this Article. The decision of the arblitrat�or is final and binding the Parties subject onl i to the rights ofth"&4�.Wlifir-fv rlwifv. *r spt-2� MT-T&R, S The arbitrator shall render an Award within thirty (30) days of receipt of the brieifs, if 'rim tiptir if PAIAL-WO liii!�* 43 564 PBA Sergeantr, 10/01/2022 - 09/30/2022 A transcript of the Hearing will be, made, uniless waived by both Piarties, The co --M iAclyiVimg t��e a6ftrattr's c*Xt-,-4-A We share4 eikyally �iythi,e 7,w -des not to ex�ceed $500,00, Briefs, 'if any, must be filed with the arbiitrator no later than thirty (30) days after t close of the �Hearing or after receipt of the transcript, if a transcript is requested., I By agreement of'bioth Parties, a meeting will be held at any step of the grievance procedure. Settlement of a, grievance prior to the issuance of an arbitration Award has been, violated. A probationary employee may not grieve any matter concer'niing assignment, or discharge for reasonis of failure to meet performance standards. 44 565 P BA Se rgeants- 10/01/202 2 — 09/3Q/20122 95MM PERSONAL VEHICLE'S Section 1. Whein an employee is required to ulse his/her personal vehicle in the performance of police cluties, said employee shall be reimbursed a mileage rate as established by City resol:ut�ion, eixcluding mileage traveled to and from the niormall work loication. Section 2. For the purpose of this, Article, the performance of police duties shall incuci i attendance at court, depositions, administrative heiaring's, conferenices with City officials, schoo and seminars, 45 566 PBA Sergeants- 10/01/2022 — 09/30/2022 Lull Thie Ci�ty is a Drug Free W'orkpilace and h!ais established a Drug Free Workpl'alce Policy. Bargaining Unit employees are suibject to randiorn, reasonable s,uspon, and piost-accident drug teisting. 46 567 PRA sergeants: 10/01/2022 - 09/30/202,2 Vacancies, in positions or assignments wifl be posted in-house, no less than five (5) calendar days before the application deadline for the position or assignment. Members applying for a posted position or assignment must meet the qualifications on the final day of posting; for example, whlile the member ma�' not be eligible at the time hisler aNklication is submitted. if the - _IA4TA:9___ 4 r. F, * be accepted and considered, 47 568 PBA Sergeants: 10/01/2022 — 09/30/2022 Section 1, This Agreeiment is the complet�e Agreement between the parties, cancels all prior 1 0i practices and agreements, and, except as expressly provided f r herein, relieves the parties of the obligation to bargain on ainy subjeict during the term of this Agreement. Section 2. There i's no past practice whiich results, in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this A nient qr ulnideir any Civil Servic�e Ruile/Regulatioin and heretofore in exist�ence, (a) When the City intends to maike chianges to City or Depart�men!tal Administrative Rules M r Regulations, or Procedures, the City will provided written notice to the PBA. This notice will include a clescription of the changeand an impilementation date which shall be no less than thirty 1(30) days from the date of notice, (b) If the PBA beheives that that modification constitutes a change to wages, benefits or conditions of employment, PB,A will have fifteen (15) calenclar days from date of notice to advise the City if the PBA is request�ing, pre -implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shiaill include three N. and times when, the PBA is availaibe to meet with the City to disciuss/bargain the modification, excl'udi�nig dates in the first ten (10) days following the PBA request., When bargaining is, requested, it shaill begin no less than! ten (10) days following the PBA's request and shall be concluded withi'n fourteen (14) dilailys following the first bargaiining session, (c) This prooln is not a waiver restraint or limitation on the Ciity�'s management right to determine unil'a!teral�ly the purpose of its Police Department ' set standards of services to be offered to the piubilic'and exercise control and discretion over its win and operations. Further, this, provision is not a waiver of the City's rights or the PiBA's rights under Chapter 447, Florida Statutes, Section I Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request baor impact b.rgainiinig, Section 4. Nothing in this Agreement shall be construed or interpreted as, a waiver or limitation on the City's management rights, 48 569 PBA Sergeants: 110/01/2022 — 09/30/2022 ARTICLE 31 SEVERABIILITY Section 1. if any provision of this Agreement is, found to be invalid by any courts having jurisdiction in respect thereiof, such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect, iiection 2. in the event of such finding the Parties wilil meet within thlirty (30), days to beg negotiations of a replacement Article or Section. i 49 570 PBA Se rgeamts; 10/01/2022-09/30/2022 4H� nil and the City Commission, and sihall remiain in effect uIntill Septemibeir 30, 20i25, No base wage increase,, -AM cost of fivin, , or othier compensation an assignment, shiaill be plaid beyond September 30t�h of each year, except as provided in a subseq�uent Memorandurn of Understanding or Collective Bargaining Agreement. so 571 .............. PRA Sergeants: 10/01/2022 - 09/30/2022 ARTICLE 33 TAKE HOME VEHICLES Sel 1. The City agrees to continue the take homevehicle program during the term of this eligibile members, of the bargaining unit. • Members who reside within 60.0 miles of Police Headquarters (2100 High, Ridge Road) are eligible for a Take Home Vehicle provided thiey, * Have successfully completed Field Training, and * Have not had their pollice powers suspended. • Members who are on modified/light duty related to a workers' compensation claim who do not have driving restrictions ai,re eligible based upon availability of an unmarked vehicle. • Members who are, on, modified duty related to a, non -work-related injury or temporary disability may be pirovildeid with an, unmarked' vehicle w. ,w on availabilliity and seniority (ID nuirriber), provided their work restrictions do not prohibit driving. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights, for Members transferred to patroil�. Section 5,. FS. 6273491 — Official law enforcement vehicles; motor vehicle insurance requirements- Thiis statute took effect on J'uly 1, 2022 and requires police departments to maintain auto insurance cover, IMS vehicle. The City has, the necessary insurance inplacei to comply with this Statute. The coverage must also cov�e�r the time an officer travel's to and from any other work assignment in the take home vehicle. However, there are two exceptions: 1. Coverage is not required if the officer mailkes any "clistinct deviation for a nonessential personal[ errand," a. The City and Union define "distinct deviation" as, any personal use of Tak- - . ehle ol than de minimis use along the member's normal commute rout - For example, stopping at a conivenience store, bank, or fast food restaurant th] is on a member's reasonable commute route is conisidered de mill 2. Coverage is, not required if the officer "acts in bad faith or with malicious purpose or in -a manner exhibiting wanton and willful disregard of human rights, safety, or property." 51 572 PBA Sergeants., 10/01/2022 — 09/30/2022 WAMM Lellia'111111VAI All off-duit�y details (worked performed for a second pairty empiloyer) requiire prior written approval by the Chief oPoor Designee;)Police Department Index Code 712 applies except The City will continue c�ooirdinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PB& but no less than fifty dollars ($50,00) per hour with a three (3) hour minimum. PBA may change this rate at any time with a minlimum of fifteen (15i) calendar days of written notice to the City. 11 11��111 I I � I � I I I I I � I 111 R 110,111 �iiiiiiijiliiii 11 1111 WMIRM 0,11, '1 111 iiiiiiiiii��illi 1�1�111�1111 DIOR i 0®RRUMOM . 1101141 ER 7R7017111 Warsper Wour or P .1 F Is, i M CI I I Uf bF Will f tMel per our oir every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty, detail when it interferes with his/her niormaIl working hours. No swap of time is permitted to accommodate an off-duty detail. Each officer, while working off-duty detai'lls, shall adhere to City conduct standards, Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any oin-d'ut�y activity, 2 (4) "Compensation"or "solory'rneansfor non -collectively bargained service, earned before Juty 1, 2011, orfi7rservice earned under collective bargaining agreements in place before July 1, 2011, the total' cash remuneration including "overtime* paid by the prhnory employer to a police offlcerlbr services rendered. but not liar luditz"A"ovinents-for ex dWar Vecial dgtgjLjYPr:k_agrtbrmed on behaU�qfa- Coad , p _v�� yer, § 18.5.02, Fla. Stat, Ann. BB Pension Code: Compensation or salag. The total cash reinunerution including lump, suna paymentsfor accumulatedsick and vocation leave and "overtime" paid by the prima y employer- to a police officerfir services rendered, hut,nqt inc ludina on behalf of Ugr=d Darty einkl v 111 paid direcUy to fbg 52, 573 PBA Sergeants,: 10/01/2022 — 019/30/2022 � I I I 71��Mnsa I III — 7, .71 . c7l � T nsa io Y wit iot wor any off -duty detail during that periodl., Any police officer on leave due to dliscipli�nary matters shall not work off -duty details during the period of that suspension oir removal from active duty., The Police Chief may suspend an employee's, right to woirk off - duty, details as a component of violat�ion, committed while on an off-d'ut�y cletail, All Bargaining Unit Members assigned to cover off-duty details may report directly to their . '_ nitwithout:triorcheckin a supervisor personally or by radlo. Bargaining unit members assigned to ain off-duty detail shall comply with all current City and Department policies, aind procedures in effect. 53 574 PBA Sergeants: 10/01/2022 - 09/30/2022 ARTICLE 35 PENSION Section, 1. Recent Historical Changes During Ba[gaining oi Bargaining Uniit Members, hired: on or after October 1, 201,5 will have a pension multiplier of three percent ('3%), The vesting period for Pollice Officers and Detectives hired on or after October 1, 2016 is, ten (10) years. Upon ratification of the Agreement ending September 30, 2019, the City and the Union i conformed to the statutory requirement to negotiate provisions of SB 172, codified as, Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union to pay the City a total of .i 111 in $30,000 increments in November 2017 and November 20118. 0, Mutual Consent Agreement, included as Addendum "B," which provides that the City willl receive a total of $90,000 in $30,000 increments in November 2019, November 202iO, and November 2021, 0 Employees h,ired on or after October 1, 2019 Normal retirement — the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age — Efirninating the 50i years of age with 15 years of credited service. is Employees hired on or after October 1, 2016: E�arl'y Retirement/Deferred Vesteid Retirement — 50 years of age with 101 years of credited se�rvic�e. ALL: Maximum Retirement Benefit shaill not exceed eighty-five percent (85%) provided thlait, in all cases, the benefit is at least 2.7'5i% for each year of service. o ALL: Meirriber Contributions toward Base Pension Benefit - Additional 0.5% pension contribution froim all empiloiyees (excludling DROP participants) each fiscal yeairof the prior Agreement — Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL)l. • Year 1 — 0.5% additional contribution • Year 2 —0.5% additional contribution • Year 3-0.5%ad"ditional contribution 54 575 PBA Sergeants: 10/01/2022 - 09/30/2022 I 0 DROP — Eimployees hired on or after October 1, 20i19 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, o A M�utual Consent Agreemie�nit, included as Addendum "B," provides that the City will'; receive a total of $150,000 in $50,000 increments in November of each year of'this Agreement (2022, 2023, 2024). 0 DROP — Effective October 1, 2022, aill aictive members are eligible to participate in! an eight (8) year DROP with a seven ®: (7%) guaranteed interest rate on, their full DROP b I alances, Meimbersi are required to resume contributions at three percent (3%) for years six (6i) through eight (8) of the DROP, if they opt to, participate. Active members who have already entered the; DROP, are eligible to extend their DROP provided they are not required to separaite from service prior to October, 1, 2022., 55 576 PBA sergeants:10/01/2 22 — 09/30/2022 0 " k a ; 4, h I I Section 1, "Stri ke " meia I fa I I u re to report fo r duty, the coIncerted abe of Sergeants from their, positions, the coincerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the I full', and faithful performance of t�hieir clutiesi of e�mpIloyment with the City, participation in a deliberate and concerted course of conduct which; adversely affects the services of the City, xicketing-orAernmistrati the expiIration of a collective bargaining agreement, Section, 2. Neither the Union, nor any of its ioffi,cers, agents and members, nor any employee organization members, covered by this Agreement, will! instigate, piromotei, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sic�k-out, concerted stoppage of wo�rk, illegal picket�ilnig, or any other interruption of the opeIrationi's of the City. Section 3, Each Sergeant who holds a position with the City occupies a position of special trvsit 21.-4 resIIiIIojtmsiW-Jl1ity iA mah9ta1Aiim?-, 2A4 i-,riAg zi*#Pit cilfmAlianct with this A, Pticle aw�, tht strike prohibition in Florida Statutes 447,505 and the Constitution of the State of Florida. Accordingly' the Union, its officers,, stewards and other representatives agree that it is thieiir continuing obli ation and res�onsibilit�, to maintain com,--cliance with this responsibility to abide by the provisions of this Article and the law by remaining at w,oduring any interruption whiich may be Initiated by others; and their responsibility, in event of breach of this Article or the law by other employeed, uponi, the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. P 111111 11111111 1 11111111111111 111 VN 1 RiMmIr W.M.M. M."t, I - one -nils M- 56 577 PBA Sergeantr. 10/01/2022 - 09/30/2022 X A bargaining unit member covered by Florida Statute, Chapter 4,40, Worke, Compensation, and in accordance with provisions set forth hereuinder, shall be authorizi, to be absent from work due to injury or illness incurred while on duty, and directly relat to work performiled, until (s)hie reaches maximum medical improvement or two (2)11 yea whichever comes first., Ir B., The City is self-insured for Workers' Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related! injuries and illnesses. For information and policies regarding 'Workers' Compensation, contact the Human Resources, and Risk Management Department�., CMembers who are unable to work due to a work-related injury or illness, are entitled to have their workers' compensation payments supplemented for up, to niinet�y (9iOi) days to enslure they receive one hundred percent (1001%) of their normal base pay, unless otherwise, negotiated in a workers' c�omiplenisation hearing. DThe City follows the provisions of Florida Statute, Chapter 440, Workers' Compensation. Bargaining Unit memibers who require follow up medical trieatment are required to attend" appointments whi:le off cluty, in the event a Bargaining Unit member needs to attend an appointment while on, duty, d�ue to schedul'ing conflicts identified by Command Staff, the member must use his/her available Sick Leave or compensatory time and vacation time if the member has to available Sick Leave. 1. An employee who susta:ins a work-related injury or illness, is r,eiquired to immediately notify his/her supervisor ancl/�r the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department is made 24/7 by calling- (561) 742-66i77'oir e -mailing: An empiloyee who faiils to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to discip:li�nary action incluidiinig termination of employment. F. FMLA in Conjunction with Wo,rke�rs'Coimp nsation: 1. To the extent permiissible by Law, the City designates loist time in conjuinction with a workers" compensation claim as FMLA for members who meet the ellgibility requirements and who have not yet exhausted their rolling 12 -month hours' entitlement. 57 578 PSA Sergeanis: 1,0/01/2022 — 09/30/2022 Section 2. Modified Work (Light Duty) A. Modified Work Assignments (Woompensation): employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the discretion of the Director of Huimiaiin Resources and Risk Management (or De�siignee) in consultation with the Police Chief (or Designee). An empiloyee may choose to accept or decline the modified work ais,signimient, If an empl oyee declines an! offer of a modified work assignment, the empilo,yee will be required to remain at home until releaised to full duty with no restrictions, and during this time, (s)lhe will be requiired 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 FIVILA wil'il have his/iher time off automatically designated as FIALA, (a) For more infoon regarding mold'ifiled work as it pertains to Workers' Comipensatioln, contact the Human Resources and' Risk Management Department. 1. The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and' are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Section 3. Leaves of Absence A. Fa rn 1 ly a nd M ed Act f FMI LA) 1. An e m p�loyee who has worked for th e City fo r at lea st twe I ve (12) m o nthis a nd who has worked at least one thousand two hundred fifty (1,250) hours, in the pec!ed'ing twelve �12)i months is eligible to request job -protected leave under FMILA for qualified reasons as defined by the law. 2. Requests for leave ulnder FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under FIVILA are approved by the Director of Human Resources and Risk Management and the City Manager. H'uman Resources may designate as FMLA an eligible employeei's qualified leave, including lost time due to a Workers' Compensation claim. 58 579 PBA Sergeants: is/al/2022 —09/30/2022 (a) For more information regarding leave under FM'ILA, contact, the H'uman Resources and Risk Management Department, 1An empiloyee may be entitled to leave as an accommodation, for his/her disabillty under the ADAAA. (a) For more information regarding a leave accommoclation under ADiAAA, contact the Human Resources and Risk Management Department. C'. Mil'itai[y Leave: 1. The City complies with Military Leave pursuant to the Uniformed Services Employment and! �Reemploiyment Rights Act (USERRA) and Florida Statute 115i.07. I An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/'hier need for, Military Leave, (a) For more informat�ion regarding Military Leave, contact the Human Resources and Risk Management Department, I - * I 1An empiloiyeei who is not el'igibile for leave under FMLA, ADAAA, or, Military Leave may request a Leave of Absence for up to ninety (90) days. 2 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 consuiltaition with the Diirector of Human Resources and Risk Management and the Police Chief (or Designee)i, wi�ll consider an emploiyee"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 bd. 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, aippeal, grievainc�e, or arbitration process. I Any approved Leave of Absence will reqiuire an employee to utilize his/her paid leave time in the following order: compensatory timiei, vacation, and sick. Oinc�e the employee has, exhiausited all available accrued tilme, 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 opremiums for work weeks in which (s)hei is in an unpalid status for more than t�weinty-four (24) hiours, 59 580 1111111 =UMTD, IMERZKOOM ARTICLE 3,8�5, N IT M.Tmom (a) Five (5) years of continuous experienc�e as a Police Officer or Detective First Grade with the City of Boynton Beach, immediately prior to hiring or promotion. (b) Must possess on effective date of hire and thereafter maintain FDLE certification. (c) Must possess on effect�ive date of hire and thereafter maintain a Florida driver's liceinse. 60 581 PBA sergeants: 10/01/2,022 — 09/30/2022 and our community. Drug and alcohol abuse is, national problem that is prevaillent in soclety and pairs the health and safety of employeeisi, piromiotes crime and harms our local community. Moreover, the il�legal 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 comiplex, 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 aind alcohol - free environment, We encourage those who use drugs or abohol, to seek help in overcoming theiir pirob�l�em. The City considers substance abuse to be an unsafe and counterproductive work practice. .......... .... *iiP-0AL91LR III i . - -- L - -.J, . .•. . . . . bww 1, "Chain of Custody" refers to the methodology of tracking specified materials oir substances for the purpose of maintaining controil and accoiuntabil'ity from initial col:lection to the final disposition, for all such materials, or substances and providing for accountability at each staige 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 al specimen, I which test procedure used to identify the presence of a specific drug or metabolite in a specimenwhich, 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; amphetamiines; cannabinoids; cocaine; phencyclicline (I)CP); hallucinogens; methaquailone; opiates; biarbates, benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection level�s are esta,blis,hed by Florida reguilations. Therefore, activities participated in while off cluty may result in positive drug tests. For DOT covered emiployees, alcohoil includes any 61 582 intoxicatiing agent in beverage alcohol, ethyl alcohol, or other low molecular weight i aiilcoihols. Consumption of a preparation including alcohol (beverageis or medicines). A Section 1,5i, Letter I of this policy, Employees and job applicants should reviewthis list prior to submitting to a drug test. 4. "Drug test" or "tesit" means, any chemicali, biological, or physical' instrumental analysis administered for the purpose of cletermining 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 establiis,hed program for employee assessment, counseling, and referral to an alcohol, and drug rehabilitat�ion program, 7. "Employer" means an agency within state government that employs, inFNM lividualls for sai,lary, wages, or other remuneration, 8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the Presence of alcohol and illegal drugs, in, accordance with the Florida Drug Free Workplace Program and appropriate Florida aiNye milnistrative ru�les. 9"Job Applic�anit" means a person who has applied for a position with the City and has been offered employmieint conditioned upon successfully passing a drug test, (0;. "Manidatory-t�esting position/Safety-sensitive position" means with respect to a pui,bl'ic employer, a job assignment that requires the employee to carry a firearmi, work closely with an employee who carries a fireiarmi, perfoirm life-thilreateniing procedures, work with heavy or dangerous machineryl work as a safety inspector, work with chiildren, work with detainees in the correctional systemi, work with confidential information or documents pertaining to criminal' investigations, work with controlied substainc�es, or a job assignment that requires an employee security background check, pursuant to F.S. 110i.1.127, or a job assignment in which a momentary lapse in attention could result in i nj u ry o r death to a notheir pe rson., 11. "Medical Review Officer (MROi)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicoliogy 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 plos,itive in a confirmation test to inquire aibout possib,le medications which could have, caused a posit�ive result. The MROi need not be an employee of the City. 52 583 PBA Barg eant c 10/01/2022 - 091/30/2022 12. "Prescription or Nonprescription Medication" means, a drug or medication obtaiinied pursuant to a prescription as, defined by F.S. 893.012 or a medication that is authorized pursuant to federal or staite law for general distribution and use without a prescription in the treatmient of human diseases, ailments, or iini 13. "Reasonable Suspicion Drug Testing" means drug testing biased on a belief that an employee is using or has used drugs in violation, of the empiloyer's, policy drawn from specific objective and articulia:blle facts and reasonable inferences drawn from thiose facts in llight of experienc�e. Reasonable susplicion drug test�ing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher thiain the immediate supervisor of the employee in questioni. Among other things, such facts and inferences may be biased upon: III I 1 11 111 111111 IN b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work perfoirmance. c. A report of drug use, provided by ail reilia;ble and credible source, whiich hais be indepenident�ly corroborated. i d. Evidence that an individual has tampered with a demployment with the current eimployer. E If a bargaiining uniit member is involved in an accident in which the memb." was driving a City owned vehicle, and any one of the following occurs: a individual dies, an individual suffers a bodily injuiry and receives mediC, treatment away from the scene of an accident, one or more vehicl (whiethier operated by a City employee or inot), incurs damage as, the resu of the occurrence�, or is transported away from the scene by a tow truck other vehicle, and under any circumstances when the bargaining un member is issueda traffic cit�ation. ii. An, order to submit to posit accident testing can be made biy a Pollice Sergeant or higher rank. Any bargaining unit member ordered for a post- accident drug test may', at thie miembier's option, be accomplanied to the testing by an alvailable Union Representative. The Uniioni, Representative shall act as a quiet observer to the testing procedure, and shiall not interfere w ith th e t�esti ng p rw u res or d i rect q uestio;ns o r c!o m me nits to the testi ng I piersoinnel. The unavailability of a Union Representative shall not preclude the poist-aiccident drug testing from taking pliaice. 63 584 PBA Sergeants. 10/01/2022 — 09/30/2022 HL Refusal to submit to an order for post-acci:dent drug testing, or intentiodelaying a Mr •. drug test can result in termination; however, nothing herein shall abrogate a bargaining uniit member's right to chlleinige the resuli ts of the drug test. Evidence that an employee has uised, possessed, sold, ed, or transferr -' rugs while working or whiln the employer's remiseope s or while rat�ing t employer's vehicle, machineryor equipment. I de op 14. "Special -Risk Position" means a position that is required to be fil�led by a person who is certified under Ch Fire Prevention and Control or �Depiartment of Law enforcement, 15, "Specimen" means a tissue or product of the human body including blood, urine, or sativa capable of revealing the presence of alcohol and/or illegal daboilites. (_6. "Stepping Fw" means that an employee comes forward and requests, assistance for substance abuse prior to being seilected 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 invoilved in an accident or sustaining an injury, whiich requires drug testing. 11MIMEMPOITM An employee reporting for work vis,ibl�y impaired and that is ulnalbile to properly perform required duties, will not be allowed to work. The supervisor Should first attempt to seek another supervisor's opon of the employee's status, Then the supervisor should consult privately w,ith employee with the observation, to rule out any problem(s) that may have been causedby prescription drugs, If, in the opinion of both supervisors, the employee is considered impaired, the employee should, be dirugitested by an authorized provider and thien 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,. M-TY&O'Ci- they see changes in performance that suggest a potential employee problem, The supervisor may suggest that the employee voiluntarilly seek help from the employee 64 585 PBA Sergeants;10/01/2022-09/30/2022. OMIT* formal referral to the E�AP should be made. 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 accordaince with the provisions of the Policy. Employees should never use intoxicants or drugs, that could cauise impairment during work hours. An empiloyee who is using a prescription medication while on the job shall do so in, strict accordance with medical directions, 1 It is the employee's responsibility to notify the preisc�ribing physician of his/her ji requirements/functionsi to ensure that the physician approves the use of t prescription medicaition while the employee is performing his/her job cluties, It' i recommended that the employee provide his/her physician with a copy of t �FDLE stanclards for law enforcement officers so the physician is aware of till. physicall requirements of the positioni. I 1 11 It is the employee�'s responsibility, to immediately notify the Director of Hurn Resources and Risk Management or deisignee when (s)he is prescribed a medication that is conisidered a, controlled substance on Schedules 111, 111, or IV defined and amended from time to time in Florida Statutes, 893.03. Failure r I d;isclose this information may result in disciplinary action up, to and incluldii teirmination of employment. The Director of Huimain Resources and Management may, require the emiployee to provide a note from his/h prescribing physician staiti�ng that the employee is abile to perform the functioii of a law enforcement officer while taking the medication ais pirescribed, 4. The employee shall! notify the Director of Huiman, Resources and Risk Management or designee if the uise of hiis/her properly prescribed med'i cation s/d rugs (ot�heir than those considered a controlled substance, on Schedules 11', 111, or IV ais defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing pihysician determines that the employee caninoit perform his/her job duties without impairment while taking the prescribed medication, then! the employee will be required' to use hils/her sick aind/oir FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)h,e cain return to work, If the I employee reports, to work, the City will presume that the employee i's not impaired., 65 586 P,BA Sergeants: 10/01/2022 - 09/30/2022 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 rr to employment for drug use and alcohol! use. b) Any job applicant, as defined iin the aiboive-s,ection, who refuses subm!it to drug and alcohol testing as part of the pire-employme t�esting process will be refulsed employment. I c) Any job applicant who tests positive for drugs or aiilcwil use will refused employment. i R1111TRITIRT11 MM= It shall be a condition of continued emipliloyment for all employees, to submit to drug and alcohol screening under the policy. if there is a conflict between thiis policy and!, the collective bargaiining agreement, the collective bargaining agreement shall conitro�l. Refusal to submit to drug testing is grounds for immediate terminatioin. both the order azdlAe test outcotile. MEMO MTEMOMEM DRUM The, City offers an Employee Assistance Program (EAP) wh,ich provides help to employees and their families who suffer from various difficulties including alcohol or drug abusie. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) N�arcotics Anonymous Help Line : 56 848-6i262 b) Drug Abuse Foundation of Palm Beach, County - 561-278-0000 c�) Palm Beach All-Anoin/Al-a-Teen Information 561-882-Oi3O8 d) Alcohoilicsi Anonymous (Pailm Beach County) 561-655-57001 e) Comprehensive Alcoholism Rehawin Program -1 561-844-6400 66, 587 PBA Sergeants: 10/01/20 - 09/30/2022 It is the responsibility of each eimployee to seek assistance before drugs and alcoh lead to performance problems. i 1. Use of the employee aissistancei program, on a voluntary basis, will not affect the cletermination of appropriate disciplinary act�ion, employee's decision to seek aissistanice from the Employee Assistance Program on a voluntary bias,is prior to any incident warranting disciplinary action will not be used as the basis for discipilinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of 3. Through the EAPI, the City will provide appropriate assessment, referral to treatment, and treatment ® drug and alcoholl abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an, empilolyiee may be released to resume work but will be subject to drug testing on a random, periodic basis, at least quarterly, and for up to two years thereafter as a, condition of continued employment. These stipulations may be incorporated in a Laist 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 pol�icy. 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. mar. Em MKILK. Work Place policy. It is the responsibility of the supervisors to observe the behavior -h A. "fAilh, 1. Supervisors are responsible ® maintaining a safe work environment by monitoring empl;oye�es' behaviors and' performanc�e. 67 588 PBA Sergeants. IP/01/2022 — 09/30/2022 under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug 'testinig. 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 duityfoir drugtesting, the Department Head and Human Resources & Risk Management shouild be immediately notified, I 1. It is each emiploye,e's responsibility to be fit for duty when, reporting for work and to inform his/heir 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 shouiild report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the requeist or insistence of the City or., as a condition of continued employment are requi�red to fully participate in and comilpleite the recommended treatment. Any employee who enters, a drug or alcohol treatment and/or reha,bilitation program will be responsible for payment of the treat�ment and!/or prograim, If the employee fails to comply with the treatment and/or proigraim, the employee will be subject to disicipiline, up to and' including termination. 2. The MR,O may request that the testing �laibiolratory provide quant�ificat�io:n of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. MM=1 68 589 ISBA Sergeants. 10/01/2022 — 09/30/2022 1. Pre-emplayment: Job applicants who have been offered a position of e,mploymient and whose job requirements are that of a manclatory-Aestirl safet�y-selnsi�tive, or specialli-risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post -incident. Employees are required to take a drug and alcohol telst when the employee is, involved in, al job-related incident consistent with Section 1.3, 1 13.,e.i';., and whenever there is discernible w® damage unrelated to a motor vehicle accident. 3. Random Tel Employees are subject to random drug testing. On a monthly basis, ail designatedPolice Officer uses www.rand2MLorg to generate a list of three (3) PBA members who will be randomly tested for that month. A on Representative signs off on this list. In addition, members assigned to Vice are tested once every six (6) months. 4. Fitness for duty: All employees who are subject to routine aninuall medical examinations are required to take a drug and alcohol test as part of their medicall examinaition. S. Follow-up: All employees who have been referred to an empiloyee 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. 1. An emiployee w- to, submit to a drug and alcohol test will be subject to immediate termination. An employee w. to submit to a drug test forfeits his/her efigibility 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. 1 0 a Ell 0 , 11=42 - I 69 590 PSA Sergeants: 10/01/2022 — 09/30/20s22 mom Confidentiality of records concerning drug and alcohol tebe maintained to the i extent necessary to comply with thi's policy, All information, reportsmemos and drug test report�s, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. keep all information confiide�ntial. No such information will be released unlessi there is a voluntary written conisent, signed by an employee or job appl�icant�, ex�cept where such release is compelled by a court pursuant to an appeal taken under this seiction, or where deemed appropriate by, a professional or occupational licensing board in a related disciplinary proceeding. The City will maint�aiin records concerning drug, testing separate a!nd apart from an employee's or job applicant's file. AEEZ= %M7,1171=07s I-VIT" f(MIFF, iiiw , 1- i tie Tr cw nal Ile, as 7771MA"WI as well as by, chemical naime, which may alter or affect a drug test, is list�ed'bellow in section H. Employees and job applicants should review this liist prior to submitting to a drug test. An;: employee or job applicant may consult with the testing labloratory for technic information regarding prescription and non -prescription information. i Refer to the Employee Assistance Program Poli'cy, for the name, address and R i ilsk Management Department. 70 591 PBA Sergeants; 10/01/2022 - 09/310/202 2 MERMT-MMU= In accordaince with F.,S. 8,93,.iO3 as amended from time to time, the following is an illustrative and non -exhaustive list of drugs that will be testeidl: 1. Alcohol, including distilled spirits, wine, malt (beverages and intoxicating Iliquors, res,ullting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine S. Phencyclidine (PCP,) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodliazepinies 11. Synthetic Narcotics 12, Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. Opium Dover's Powder, Paregoric, P,arepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empiriin with, Cocleine, Robitussan A -C, Hydrocodlone, Coke Crack Heroin Diacetylmorphine, horse, smack Hydromorphone Dilaudid M'eperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadlose Other Narcotics Laam, Leritine, (Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noct�ec, Somirnos Barbiturates Phenobarbital, Tuinial, Amvtal, Nembutall, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax,, Serax, Trainxene, Valium, Verstran, Halcion, Paxiparn, Restoril Methaqualone Quaalude Methometamine Methyl lce Glutethimide Doriden 71 592 PBA Sergeants: 10/01/2022 — 09/30/2022 Other Depressants Equanil, Miltown, Noluda,r', Placidyl, Valmid illiIIIIII'l llli�qi;i 111�1l� ll�j� 11! 11111111!— n 16 JIM Ini ILE:L0 to Me rNricia 51,31lies arilpff dff;-MUCIdl ldl;!, 1,11C, I c&II o(Sxroceiture arter a r the Labor -Management Commiit�tee. rr I ymme =rl« wpain, &USTWili, ax, ETC7. Methadone: Dolophone, Metadose, etc. Propoxyphene: DIarvocet, DIarvon N, Dolene, etc�, 11, 1171"TTIT �Mv ais of February 27, 1991. 11"MMMMe"I Tr`87FFWM# T IF prescription medicatioIn(s) because the presence of these medications in the body may have affected the outcome of the test. L An employee or a joib applicant who receives a positive confirmed test result may, within five (5) working dasubmit information to the Director of Human ReouIrces, & Risk Mainagement explainling or coint�esting the test result and explaining why the test result does not constitute a violation of the City"s 72 593 PBA Sergeants: 10/01/2022 m-09/30/2022 =4 2. If the explanation or challenge of the employee or job applicant unisaory to the City, the City will provide a written, explanat�ion as to why the employee or job applicant's explanation is unsatisfactory, aind a copy of the report of positive confirmed test results will be provided to the employee oir job applilcant. 3i. An employee may further challenge the results of the test in a court of competent jurisdiction, or, if the drug was aidministeired due to a workplace injury, by filing a claim! for benefits, with a judge of compensaition claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job, applicant contests the drug test results he/shie must promptly notify the Medical Review Officer (M RO), 7'3 594 PBA sergeants: IQ/0112022 - 09/30/2022 U-11-11WIT11UTMA ". MUTUAL, CONSENT AGREEMENT (Use of Insurance Premium Tax Reve,nue) This Mutual Consent Agreement is entered into between the CITY OF' BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.0, Box 310, Boynton Beach, FL 33425i (the "Ci'lty") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND, DETECTIVES AND POLICE SERGEANTS, WHEREAS, the 2015 Florida Legislature enacted legislation (Chiaipter No. 2015-39, Laws of Florida), hereinafter "'Legislation" regard'ing the use of insurance, premium tax revenue ("IPTR"); d WHEREAS, the City hais a retirement pension plan and fund for pol�ice officers known as t Boynton Beach Pol'ice Officers' Pension Fund ("Fund") that exceeds the minimum benefits a I ?s set forth in chapter 185, Florida Statutes, and WHEREAS, the Legislation provides that use of I PTR, including any accumulations of addit�ionlail TdFw ff-i # T T" T- M, �# W1 I P TMr#=11 nL TTICLT61 b I d IM •...: I I J! r 11, F d j r 15 T n -E It T i n -F —1 =11 I UM7 collective bargaining rep(PBA)i. -MEEMMEE= 2. The total of ninety thousand do0,000) of IP'TR, whether base premium tax revenue or add�itioniail premium tax revenue, received by the City will be used! to reduce the City's uinfunded liaibi:lity to the Boynton Beach Police Officers' Pension Fund, These funds will be provided to the City in increments of fifty thousainid dollars, ($50,000) in November 2022, November 2023, and November 2024. 7'4 595 PBA Sergeants,: 1010112022 — 09/3012022 "I LIMIUNIffam for M UTUIAL CO NISE N�T AG RE E M E N:T (Use of Insurance PI'M)iUm Tax Revenue) � � �--- „dam"--�—� ,,°�� It � - �4 [W.RYGMIno M A,TT EST;, ki Maylee Di City Clerk APPROVED AS TO LEGA�,FORW Gty Attm-ney 99 596 PBA Sergeants -10/01/ 0, - 09/30/202,2 ADDENDUM FW811F0F*,T0XG-3�fi To provide filnancial assistance, when such funding is appropriated and approved in the City's Human Resources Department's annuiail budget, to eligible full -,time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university Employees who are eligible to participate in thiis program are fuill time, non -probationary, employees covered under a PBA Collective Bargaining Agreement. Employees must be "'in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 2. Accredited colleige or university14 A college or university that has, attained accreditation as documented by incluision in the U.Si. Department of Education's Office of Post -secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (httris�-//""ooie.eid.gov accreoiltatio �Search,as, ). The Director of Huima!n Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and"who is scheduled to work a minimum of t�hirty-six (36) hours per work week. c. "In good standing": An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement; 2. Has not been in an unpaid l�eave status of more than sixteen (16) hours for any caleind'air week from the date of program enrollment through the date of reimbursement; aind 3., For one (1) year prior to the date of program enrollment and through the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than tweinty-fouir (24) hours or three (3) days and has not been demoted for disciplinary reasons., 76 597 PBA Sergeants. 10/02/2022 - 09/30/20,22 prwnwillon or recias Ticalfillin a Tell ernp of this pollicy. The budgeted Tuition Assilstaince Program funding will be split into two Separate pools rieilmiibursement opportunities cain be fairly appropriated based on typicaill acaldern i calendars. If funding remainis available after process,ing all elligible and approved Peri Two Reimbursements, applications for Period One Reimbursements that were elligibile b: not r1eiuburse4 will,] be recotdel Reimbursement Period One: For course dates between August and' December * Deadline for submitting Reimbursement Applications: January 315t * Final reimbursement issued in February Reimbursement Period Two: For course dates between January and July * Deadline for Submitting Reimbursement Applications: August 311t * Final reimbursement issued in September 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 7'7 598 PBA Sorgeants: 1Q/01/2022 — 09/30/2022 4. Course that earns only Continuing Education Credits S. Exam preparation course or entrance exam; 6. Course taiken as "audit only"; 7. Course graded only ais "Pass/Fa ii 10 8. Course issuing credit only as "Life Explerienice' and/or "Portfolio"; 9. Course fulfilling onily a physical education or sexual education, req�uirement; 10. Course taken that is not part of an emiployee's approved undergraduate graduate degree program- and 11. Course takein by ain empiloyee who is not enrol�l�ed in an undergraduate graduate degree program, D. The letter grades an employee earns upon compiletiion of an approved course determines the percentage iteimbursement that will be applied to eligible expenses, • A= 100% • B • C = 50% • D = O%i Oneligible for reimlbursement under this policy) • F= 0% (Ineligible for reimbursement under this policy) An employee who receives an "'Incompilete" or who withdraws from a course is not eligible for reimbursement under this policy, E I . Any tuition assistance provided to an employee pursuant to this policy up to a maximu of amount of $5,250.001 in ainy calendar year is excluded from tax; any amount receiv 0 in excess of $5,2501.00i in any c�al,lenidar year will be treated as taxable income, as requir 0 by the Internal Revenue Service (IRS). I F'. An employee who separates employment for any reason other than a City- i nitiatecl laiyoff or termination within twenty-four (24) months of receiving any amount of financiall assistance pursuant to this pol�icy, authorizes the City to deduct the amount�(s,) of such reirribursement(s) from any amount of payout to whiich (s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout vailuie from which to deduct the reimbursed amount�(s) i's obligated and required to repay the City. G�. Deadlineis are not negotiable and w,ill not be extended!. It is solely an employee's responsiblil�ity to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program, No empiloyeie should expect or rely upon the City, Human Resources, or any other person to "remind" hirn/her I of this proigiraim's requirements and/or deadlines, 78 599 PBA sergeants., 10/01/2022 — 09/30/2022 a,. This program is at the sole discretion of the City and may be suspended or cancelled at any time. A Tuition Assistance Program Participation Enrollment Form and Tuition AsSistanC4 Program Agreement are required to be submitted by any eligible employee who is interested in seeking rebursement pursuant to this policy, The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an: employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee iunderstands the program, and his/heir obligations pursuant to enrollment and reimbursement, The Participation Enrol Iment Form and the, Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbiursement will be considered without a current approved participation enroillmient form aind siig�ned program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal years Tuition Assistance Pirograim Tracking spreadsheet "EnrolIlments" tab, 2. Human Resources will review the Participation Enrollment Forms and wiilll confir aind log eligibility on the "'Enrollments" tab. I QIII III 11111a c. A separate Tuition Assistance Program Reimbursement Application is "'/..: "/; to be submitted for each course for which ani, empiloyee is requesting, reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and, al�l requIired documentation is required to be submitted with each Reirribuirsement Applicatioln. The submission, of a Reimbursement Application does not guarantee reirribursement, d. Completed Reimbursement Applications with required documentait�ion miuist be submitted via electronic mail to: �r@tbffu� with the subject line: Tuition Assistance Program. 1. Human Resources, wilil assign each Reimbursement Application a tracking numb.M based upon date and time of receipt- TAP-YYYY'-MM-DD-###, wherein TAP, mea Tuition Assistance Program, YYYY means calendar year, MM means calend month, DDI means, calendar day,, and ### indicates the n,umbier of the reque received on the specified date. For eixample, the first request received on Octob 1, 2017 would be assigned the traicking niumberi- TAP -2017-10-01-001 79, 600 PBA Sergeants: 10/01/2022 - 09/30/20,22 2. Human Resources will review Reimbiuirsement Applications in the order in which they are recei:ved. incomplete Reirribursement Applications or Reimbursement Applications submitted without required documentation: will be returned via electronilic mail to the employee, who wi�ll need to resubmit a comipleted Reimbursement Application with supporting documentation in order to be considered for reimbursement. A, new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Appliications" tab. i. H u m a n; Reso u rces wi I I reconfi rm a n em pilo,yeei's eil igi bi I ity. Th e cou rse Fi n a I Grade, Credit Hours, and Biook(s) Cost will be logged on the "Appllicationis" tab, iii. Human Resources will log the efigible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement aimoiunt�. I i e. Reimibursemenit Processing will begin for the Reimbursement Period One following the January 31" deadline for submitting Reimbursement Applications. i. Humain Resources will sort completed eligibilei Reiimibiursement Applications by Tracking N�umber order and reconfirm ain employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application In the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursemeints" tab up to the Maximum Per Person All owable Reimbursement Amount (see Addendum forthese Amounts). This process wil�l be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted , iiii, Human Resources will complete: a 121 for Tuition Assistance Program Reimbursement androute for approvals and processing by Finance. ZMLME=II3*M=I funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add t�hi!s remlaining 60 601 PBA Sergeants: 10/01/2022 — 09/310/2022 Wialance to the beginning Program Budget Balance for Period T Reimbuirse-iients. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 3V deadline for submitting Reimbursement Appl:icaitions. ii. Human Resources will sort completed efigible Reimbursement Applications by Tracking Nlumber order and reconfirm an empoyee's eligibility, ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal yeiar's Tuition Assistance Program Tracking spreadsheet "'Reirribursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum forthese Amounts). This process will be repeated for each eligible Reimbursement Application untiil the Program Budget Balance for Reimbursement Period Two has been depleted"i iii. If funding rema:ins, available after processing all el�igible and approved Period Two Reirribursements, H'uman Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated'bud,get limitations., Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approivals and' processing by, Finaince. v. Finance will process alIl approved Period Two Reimbursements in September. 81 602 PBA Sergeants: 10/01/2022 - 09/30/2022 Wane0-14swif lTWJ-r.?firAA-S-VAU 2 ptu-,% on or after August 11 of each yeair. must be received oeth (30tl)l day foowing the last date of the term/siession for the course(s) for which reimbursement is being requested. In no case will' reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EX 'PENSE�S AND AMOUNTS: Copies, of original' receipts are required for reimbursement, Failure to provide proper documentation will result in ineligibility for reimbursement. Tuition aind Fees: fmi�yirtiutti aec pEgglil k Final Course Grade: A B C Associate Degree Course: $114.04 $ 8553 $ 57.02 Bachelor Degree Course: $1791.90 $134.93 $ 89,95 Graduate Degree Course: $3,36-77 $25258 $168.39 IM=110 MMM . [fit I ills V111 1' 1 1HAT47firglifiT4.M M.I k aM . . Final Course Grade. A B C Per Course: $150.00 $112,50 $ 75.010 No employee will be reimbursed for more than twelve (12) credit hours peM.... fiscal ye aind are subject to the following fiscal year per person maximum credit hour reimburseme amM unt •. -M on d�egree- 110 vpp uAll rp i�� 82 603 PBA Sergeants: 101012/2022 — O /30/2022 I �IITWII Agreed to this (4)"" day of V-6, �� 7*4" 2022, by and between the respective Parties through the authorized repo risentai ives of the PBA and the City. Ali ness By:k ,�� Katie Mendoza, Legal Coun By Ty Pe or j WW it n s V M APPROVED AS TO FORM AND qIMECTINIg6: '00 City Attorney Date m Date ee e City,Cl s Stables, Interim City Manager mm= 604 n 5 16 17 20 21 7J�A �M�� A RESOLUTION OF THE CITY OF BOYNTON BEACH - FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE, POLICE CAPTAINS FOR THE PERIOD OF OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2�02S, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND MAYOR TO! SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City and the PBA Union negotiiated to bring the Captain's CBA in 1He with the other CBA,'s for Officers/Detectives and Sergeants,- and WHEREAS, the City and the Union extended the contract through Sept ernber 30, 20,25 and The Union's membership ratified the Successor Agreenient on March 21, 2023 with 51 votiing niernbers in favor and 01 not in favor� and ,E6 5, the City Conimission, of the City of Boynton Beach deeims it to be in tl,-ie best interests of the residnts, and citizens of the City to ratify the Collective Bargaining Agreernent and execute the same. HER 11, Mm=* aection 1, The foregoing "WHEREAS,"' clauses are true and correct and 27 hereby ratified and confirmed by the City Cornrnissinori, 28 Sc Lion 2. The it Conirnission of the it of Boynton Beach, Florid 29 does hereby ratify the Agreement between the City of Boynton Beach and the Palm S 1,CA,RIE' S ;0'ApmnCnts'CDA RWificaflonsl'Wl' 1113: Capimms ( 11A 2022 25 - Rcso docx 605 ,io Beach County Police Benevolent Association police Captains Unit for the period of 31 October 1, 2022 through September 30, 2 25, and authorizes and directs the City 32 Manager and Mayor to siign the Agreement, a copy of said agreement being 33 attached hereto as Exhibit "A"'. 34 Section 3. This Resolution will become effective, irns-riediately upon ,3s passage. 36 PASSED AND ADOPTED this 4th day of April, 2023. 37 YES NO 8 39 -,F—/ 40 41 42 43 44 ,r5 46 47 48 49 '50 51 52 5�3 54 ES JAT 55 .56 )e 5�7 Mayle, s6s, MP 59 ,, Gty CI 'r 59 60 61 (Corporatedeal) 02 63 64 CITY OF BOYNTON BEACH, FLORIDA Ty Pp mayot APP 'E AS T6 FO Micha . Cirullo, Jr. City Attorney YES NO Ty Penserga Mayor - -,F—/ Vice Mayor - Thomas Turkin Commissioner - Ana Cruz Commissioner - Woodrow L L--Iay Commissionei - Airnee Kelley VOTE Ty Pp mayot APP 'E AS T6 FO Micha . Cirullo, Jr. City Attorney AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE CAPTAINS OCTOBER 1, 2022 - SEPTEMBER 30, 21125 C:TIYA PBA Captalins --'.a0/pa/ ,022 — 09/30/2025 FFTMJKI�r • ?I 1 The Preamble 2 Recognition and Notice 3 Non -Discrimination 4 Dues Deduction 5 Union Business 6 Bulletin Board 7 Assignrnent Pay 8 'vacancies and Probation 9 Management Rights 10 Hours of Work and Overtime 11, Wages 12 Seniority 13 Additional Monetary Benefits 14 Uniforms 15 Annual OCCUpational Fitness Evaluations 16 Group Insurance 17 Leaves 1.8 Holiday Pay 1,9 Funeral Expenses 20 Training 21 Reproduction 22 Personnel Records 23 Legal Action 24 Discipline 25 Appeals of Disciplinary Action 26 Grievance and Arbitration Procedure 27 Personal Vehicles 28 Drug Testing 29 Reserved (no content) 30 Complete Agreement and Non -Waiver Provision 31 Severability 32 Duration 33 Take Home Vehicles 34 Off -Duty Details 35 Pension 36 No Strike or Lock Out 37 Workers' Compensation and Leaves of Absence 38 Qualifications for a Bargaining Unit Position Addendum "A" — Drug Free Workplace Addenclurn "B" — Mutual Consent Agreement Addendum "C" — Tuition Assistance Prograrn 608 PBA Captains —10/ail/2022 — O /30/2025 This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Reach County Police Benevolent Association, inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA" for the purpose of setting forth the Parties,' Agreements regarding rights, wages, hours, terms, and conditions of employment, and benefits. 609 PBA Captains — 10/01/2022 — 09/30/20,25 I : —1-0 ... ...... . . The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms, and conditions of employrnent for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Captain [PERC Certification 2020] or as modified by PERC. The term Umerriber" or "employee" will mean any meniber in the bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or his/her designees as the exckisive City representative(s) for the Purpose of collective bargaining with respect to the wages, hours and terms and conditions of eimpiloyrnent of PBA bargaining unit employees. All notices, concerning the wages, benefits, and conditions of employment of bargaining erriployees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General COUnsell and mailed or delivered to 21,00 N. Florida Mango Road, West Palmi Beach, FL 33409. If chariges OCCUr, the PBA will advise the City in writing of the names and addresses of other PBA represeritatuves, if any, who are authorized to accept notices frown the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Mariager with a copy to the City's HR Director and mailed to P.O. Box 31.0, Boynton Beach, FL 33425, If changes occur, the City will advise the P'BA in, writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from, the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. N 1.1 If PBA Captains - 1QJ01/2022, - 09/30/202.5 The City wiil not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of rnernbeirship or because of any activity in: any official capacity on behalf of the PBA, The PBA shall riot discriminate against any bargaining unit member who faills to join the PBA, as, provided by law. The sole rernedy for charges, in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action tip to and including termination. Discriminatory conduct rneans any COrYl I'll U n icatio n, verbal or non- verbal, which is unwelcorne, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability, sexual orientation, age, maritall status, or any other unlawful factor, Alleged violations of this section shall not be Subject to the grievance and/or arbitration procedure established herein; rather, they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation rernain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirrnative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management and Internal Affairs. 0 0 0 ear1 . - Any investigation into a complaint of a Law Enforcement officer's alleged violation of any provision of a law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC), requires, involvement and oversight by the City's designated EEO Officer: the Director of Human Resources and Risk Management, As such, the Director of Human Resources and Risk Management shall be immediately notified by the Police Chief (or Acting Police Chief) of any Such cornplaint/allegation made against a Law Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation, The Director of Human Resources and Risk Managernent is subject to all confidentiality requirements applicable to lnternal Affairs investigations and the penalties for violating any Such provision, The Director of Hurnan Resources, and Risk Management shall have immediate access to and shall promptly review the cornplaint/allegaflon aired any information provided in connection with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the Director of Human Resources and Risk Management on all aspects of the investigation. 'The Director of Human Resources and Risk Management may be present at any investigatory interview/interrogation but may not dlirectly question a rnerr-lber during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a taw/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Hurnan 611 PBA Captains —'10101/?: 2 -- 09130/2025 Resources and Risk Managernent Department shall be immediately referred to the Police Chief (or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112,534, commonly known as the "Police Officers Bilil of Rights," throughout the investigation. 4 PBA Captanns— 10/01/2022 - 0,9/30/2025 r M' it I The City will deduct Union clues, frorn the pay, of any bargaining unit rneiriber who voluntarily requests such deductions upon receipt of a notice from the, PBA and approval by the City. The total amount of cleductions, shall be remitted, each mlonth by the City to the 'Treasurer of the PBA. This authorization shall remain in, full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the ernployee. 5 P,BA Capta i n s —10/01/'2022 — 09/30 / 20 2 5 WAMUS Section, L Up to two (2) elected PBA representatives who are on duty may be granted: paid leave to engage in representation activities on behalf of: the PBA or, any member as, follows: A, Engaging in collective bargaining with the representatives of the City. B. Processing of grievances. L Accompanying a fellow bargaining unit member when-, 1- The member is required to appear at a hearing, related to a grievance. 2, The member is presenting or responding to a grievance. 3. The member is subject to questioning and befieves (s)he may be disciplined, The City may negate the mernber's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning, 4. The rnernber is attending a pre -determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs, However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take, unpaid leave to attend functions of the PBA, If the leave results in the City incurring overtime directly related to the absence, the City will not approve the request. Section.i-?,,, No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. I 614 PB Capta I n s — 10/01,/ 0 22 — 09/30/2025 011"HIMI The City will provide bulletin board space; one in the Briefing Room, and one in the Support Services Section forth e exc I usive use of the PBA, for posting bull tins, notices grid other union ni ate iria I The Uri ioin will supply locking style bulletin boards. A notice or itern placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and inti minify the City for all claims or actions arising froirn materials placed on the bulletin board. 615 PBA Captains — 1010112!022 — 09130/2025 IAM 4"' wI MN Section 1. Police Captains, who are assigned by the Chief of Police (or Designee), to serve in the capacity of Acting Major for a period of rnore than seven (7) consecutive calendardays shall be paid;, seven percent (7%) above the Captain's regular rate of pay. I PBA Captains — 10/01/2022 -- 09/30/202S Section 1, Vacant positions shall be filled by the City through recruitment and selection of employees ori the basis of their qualifications and relative knowledge, abilities, and skills. The decision to fill a, vacant position is reserved to the discretion of the City Manager. Section 2. ,lll newly promoted Police Captains have a probationary period of one (1) year from the date of promotion. Section 3. During a Captain's probationary period, a Captain is subject to rernoval from his/her position without statement of cause. SeWon 4. A promoted Captain who is removed from his/tier position for performance issues unrelated to misconduct during probation shall be dernoted to the position of Police Ser gcant at previous level of seniority. If all Sergeant positions are filled, the least senior Sergeant (based on time in rank) will be reclassified to a Police Officer. I P,BA Caipt.ains —10/ray,/ rrzz— 09/30/2025 ........... It is the right of the City to determine unilaterally the purpose of its, Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations,. It is also the right of the City to direct its, employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights, shall not preclude employees or their representatives frorn raising grievances,, should decisions on the above matters have, the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. M 618 PBA Captins-10/01/2027-09/ 0/2025 Section I, The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 14 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour Shifts ils a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 1.1.5 hour shift wilil be paid overtime for all hours worked in excess of 80,5 hours in a 14 day work cycle. For the purpose of calculating overtime, bargaining, unit rnernbers, assigned to the 8 or 10 hour shifts willi be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, including hOUrsworked for Department authorized training, shall be counted as hours worked. Personal Leave shall be considered hours actually worked for the calculation of overtime. Overtime pay, when so granted, will normally be contained in the member's next regular pay check foilowing the time worked. Employees who are in an on -duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay, Employees who are in an on -duty Status more than seven (7) rninutes either prior to or after their shift must be so only with the Supervisor's approval in, order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 2,F.R. § 785,4& E�u �r : 653 _7:07=7:00 7: u_7:2'2=7:15 '7-23 _.7;3'7 - 7:30, 7:38.7.5 =7:4 MOU on M Pursuant to Article 9, it is a Management Right to establish and change the starting and ending, times and the number of hours, and shifts to be worked. IndividUal work schedWes may be flexed (hour for hour) by personnel upon request by the employee and mutual agreement between, ernployee and supervisor. Flexing of time must occur only within a single work week. numno m No member of the Bargaining Unit shall be required or allowed to work more than eighteen (18) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on -duty assignirrient, i.e. late arrest. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physicallly and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this section, work means II 619 PBA captains — 10/01/2,022 — 09/30/2025 regular assigned duties and detail assignments. The continuous eighteen (18) hours does not include tirne spent in court, depositions, filings, and similar judiciia I activities. Mernbers who work eighteen (18) hours continuousiy within the past twenty-four (24) hours must retnain off duty for a rninimum of six (6) hours. An em iployee may engage in outside en,iployrnent, (including off-duty dletail or self-employment) with the approval of the City Manager and with, the understanding that the ernployee's primary duty, obligation,, and responsibility is to the City, Outside ernployrnent shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Enip1loyment Request Forrn & Affidavit" with the Hurnan Resources Department through Neogov's eForms self-service portal. The employee must notify the Hurrian Resources Departnient of changes in conditions of any outside, employment. Additionally, the employee's chain of command must be alerted at the time the request is submitted. (b) Make arrangements with the outside employer to be relieved from cluty if called for work by the city, (c) An employee rriust report all injuries sustained during, any outside employment to the employee's supervisor and Risk Management prior to the ernployee's next scheduled work day at the City,, An employee's failure to report an injury sustained during outside ernployrnent shall be grounds for corrective action. 1-2 11-M PBACaptains,-10/01/ rad ---09/30/2025 rdmoltm Effective and retroactive to October 1, 2022,1 the following Step Pay Plan is in effect. Each bargaining unit rneiniber will be placed in the step that corresponds with his/her current years of service with the City in the rank of Captain to a maximum of Step 3. On the anniversary date of the member's promotion to the i rank of Captaiin, (s)he will advance to the next step. There is no payment or advancement beyond Step 3. Retroactive pay will be issued the first full pay period following ratification of this Agreement. I All captains at previous step, 0 will be placed in step 1., retroactive to October 1, 2022, M 621 PBA Captains —1010112..0 09/30/2025 1511TRUNVAW section —1, Seniority shall be COMPLIted from the date of promotion to Captain. If two (2) or more Captaiins have the same date of promotion, the date of initial appointment to the service of the City as a, Police Officer shall be the determining factor. Section 2, Seniority shall accumulate during all authorized leaves. Section 3. Departr'nental operations shalI be the determining factor for the selection of vacations and overtime assignments, Section 4. The City shall have the right to determine thin number of Captains assigned to each division and each shift. Section S. For layoffs and other non disciplinary reductions in personnel, Police Captains will displace lower ranking officers in the event that the department is required to layoff personnel. For example: if a Police Captain's, position is to be abolished, the incurnbent with the least seniority in the rank of Captain would displace a Police Sergeant. 1 4 [1-MP11 PBA Captains — 10/01/2022 — 09/30/2025 Section 1. Compensatory Time A. Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief (or Designee) for participating in required educational and/or required training activities, special projects, and/or events. In addition, members, are eligible to, convert any overtime hours to corripensatory time, subject to the following: L All compensatory time will be earned/accrued at the rate of one and a half (1 .5) times for each one (1), hour worked [in quarter (01.25) Increments) and with a maxirnua) accrual cap of two h u rid red forty (240) hours.. H. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the rnernber is, no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (195) hours, The member is also required to schedule and use a minimum of forty-six (46) compensatory, tirne hours within the next One hundred eighty (180) days. iii. In the event the member fails to schedule and take a, mininium of forty-six (46) compensatory hours during the one hundred eighty (1,80) day Period, dates will be scheduled by a Command Staff inierriber and required to be taken as scheduled, iv. Reasonable compensatory tinge requests of one (1) day that are denied for Operational reasons will, be considered for payout up to three (3) times during each fiisca I year. A bargaining unit mernber who is Promoted to a position outside of thin Police Captains' bargaining unit, orwho separates from employrnentwill be paid the balanceof all;, unused compensatory time at his/her last hourly base rate of pay in the Police Captains' rank. Section 2. Lalli Back A, A Police Captain who is called to return to work after corTipleting his/her scheduled shift and has left the work place of the City, shall be paid at the rate of time and one-half (I- 1/2) the regular rate for hours worked with a minimum of three (3) hours, 13, A Police Captain callled back to work who is on an authorized leave shall be paid at tile rate of time and one-half (1-1/2) the regular irate for hours worked with a minimum Of three (3) hours. Such employee shall not be charged leave for any such hours, worked. C. The three (3�) hours rnininiurn caHkin pay provision shall not apply in those instances wherein the overtime corrirriences, one and one-half (1-1/2) or fewer hours prior to and runs continuously into the employee's regular shift; or the employee is, called back to work to rectify his/her own error or ornission which cannot wait until the employee's next shift. In such instances, the employee shall be compenisated for the exact hours worked at the appropriate rate, M 11-M PBA Captains -- 10/01/2022 - 09/30/2025 AEmployees directed to be on operational stand -lay status or on call must be able to respond to a specified location on duty within: one (1) hour and shall be compensated for one hour at tirrie and one half (1.5), the employee's regular rate of pay for each day (24-hour period) on call, B� In the event a bargaining unit rnerriberwho is not currently on -duty and is required to respond for an on-call assignment, the bargaining uinit member shall receive, additionally, Call Back pay as provided in Section 2A of this Article. C. N�o rriernber will be, placed in an on-call status without the approval of the Chief of Police or his/her designee. DIf a Police Captain on standby status cannot be reached Or fails to report to work as directed, standby pay shall not be paid, and the Police Captain shall be Subject to appropriate disciplinary action. Section 4. Court Time ACourt tirne will be paid at tirne and one-half when the officer is not on their, regular assignment. A captain on court time will be compensated a minimur'n of three (3) hours at time and one-half, and for every remaining hour after the initial three (3) hours at the same rate of time and one-half (15). B. An employee who has been instructed to rernain; on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in, any one day. A MininlUrn, payment Of One (1) hour straight tirrie shall be paid for alll standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight tirne. If an officer does go to court he will be paid for the court time indicated in Section, A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station,. Mernbers, are still required to document their attendance at the court house and submit documentation to the Department. D. if a Court appearance is contiguous with the end of the Captain's shift, court tirne shalt be compensated in accordance with subsection 4(A) above. The City agrees that if any member is required to be out of Palm Beach County to attend court proceedings, as a representative for the City, serninars, or for any other, reason as a result of his/her official City duties as a, police captain, (s)he will be paid his/her regular rate of pay, or overtime rate, as applicable, for each day or partial day, required for said purposes, Any travel outside of the State of Florida requires the City Manager or designee's written approval prior to the purchase or payment of any fees for registration, travel, and/or accommodations, 1-6 624 PBA CapWns - 1010112022 - 09/30/2025 Section 6. Language Proficiency Incentive Following the date of ratification, rnembeirs, who are proficient/fluent in speaking, reading, writing, and understanding oral communications in the languages of Creole or Spainish, and who have successfully passed a language proficiency test through! a vendor approved by the City and the Union, are eligible to receive a Language Proficiency Incentive' of fifty cents ($0.50) per hour, I The language profideiicy incentive will be included in the definition of pensionable earnings (total cash rernurieration), as permissffile. 17 625 PBA captains _.1010 ./2022 — 09/30/2025 ARTICLE 14 Section 1, The City will provide tip to three (3) full uniform sets per year and one (1) pair of shoes every six (6) months per fiscal year. Purchase of: shoes shall be limited to $150,00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Police Chief (or Designee), and if adequate funds are available in the City Budget. Mernbers of the bargaining unit will receive an annual clothing allowance of $1,600.00 payable the first full pay period in November of each year of this agreement. Section 2, Reirnbursenleint, replacernent or repair of persoinall clothing and equipment will be according to current department policies and procedures. The replacement vwrilli require the approval of the Chief of Police. The Captain clairning a replacenient will be required to il[ICILide, with his/her claim, all explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to, his uniforrn took place. This allowance shall cornmence from the date of assignment on a pro -rated basis. Captains assigned to plain clothes duty for more than three (3), months at a time will receive clothing allowance in accord with the above for the three (3) months and pro -rated thereafter. Section 3. The City wil�l bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The, City shall notify those employees that are eligible, to take their uniforms, only to the approved dry-cleaning establishment in Boyintori Beach selected by the City. Members, assigned to plain clothes w ills be given a cash cleaning Supplement equivalent to the cleaning benefit. This will be paid' at the end of each quarter of the contract year. This ailowance shall commence from, the date of assignment on a pro -rated basis. M 11-YU PHA Ca:ptalns —10/01/'2.022 — 09/30/2025 43919OU, MUNIMUO 91JINIU91MM UMM, WOUR Section 1. Phy,s,rcal Evalluation: Members of the bargaining unit may voluntarily participate in any Life can exarn, that is provided to other PBA units. In order to participate, a member must notify the Director of Human Resources and Risk Management by email no later than July V of each year of this agreement. Should a member elect to participate, the following provisions will be in effect: A. It is the responsibility of the bargaining Unit member to ensure that this annual physical evacuation and all fOlIOW-LJP testing required solely as a result of being found "Linfit for duty" by a medical doctor are COMpleted in, a timely manner and as scheduled. Members who require medical f61IOW up as a result of being found "unfit for duty" 'willbe place in a "no work" status. Compensation for time in a "no work" status will be through the use of only accrued' and Unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an, unpaid status Until Such time that the full evaluation and any required follow tip is completed. C. Records associated with this physical) evaluation and any foflow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of IHurrian Resources and Risk Managernent, who will ensure the records are properly maintained in the employee's confidential medical file, which is sep�arate from the employee's, personnel file. Further, an employee Who Was found to be "unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. Section 2. Immunization The City shall provide opportunity for members to, receive immunizations during the term of this Agreement for allll members as a means of protection from the following. Hepatitis —Type B: Available to all bargaining unit members o Mernbers who refuse to be immunized for Hepatitis Type B and who liater contract that disease shall not be presumed to have contracted the disease while on dirty, Hepatitis —Type A: Available to all bargaining unit members. Members who refuse to be irornUnized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted: the disease while o�n dusty. The City shall offer flu shots for all rriernbers as a; means of protection from contracting the flu while working during flu season. M 11*44 PBA Captains — 10/01/20,22 — 09/30/2025 Section I Other Testing • The City shall Provide lead testing for Range Instructors. • The City will provide for AIDS and Hepatitis screening in instances where a member is expo,sed to situations or persons presenting Such dialogical contamination threat, The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures in, the line of duty. M 628 PBA Captains —10/fat/2022 -- 09/30/2025 ZMAM ........... Section 1. Medical, Vision and Dental Insurance The sole medical benefit plan available to employees will be a High Deductible Health Plan, (RDHP). The, cost for "'employee only" coverage for the HDHP medical, dental, and vision insurance premiums si4li be paid by the City for bargaining Unit mernbers wfffle they are employed by the City. Mernbeirs are responsible for the cost of covering dependents, on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their City medical 1plan. Any subsidy offered does not extend beyond the plan year tar which it is budgeted, and the offering of, and/or amount of, any Sikh subsidy is not subject to negotiation. �Medical Insurance: HSA Contributions: The City will contribute an annualized total of one thousand five hundred dollars ($1,500.00) into a bargaining unit members Health, Savings Account (HSA) on the first full pay check date following January ill of each, year of this, Agreement. Leave Tirne Conversion to HSA. The City will provide opportunities to convert an annualized total of up to one thousand five hundred dollars ($1,500.00), after pension deduction, of any cornbination of sick and vacation time at the 1.00% conversion rate to help fund their HSA, This conversion can be done at the following times, each year of this Agreement� i!. Upon ratification. ii. January 1st -- January 31st (any amount uip to an annualized total of $1,SWOO). fli. April 1st — April 0th (any a rn o u nt up to an a n ni Ua I i zed total of $ 1,500. 00) . iv, October V-Novernber 151h (any amount up to an annualized total of $,1,500.00). V, "Annualized" means plan year/contract year/fiscal year (October 1st through September 30th). �life Insurance: Bargaining unit members are provided with a snotty thousand dollar ($60,000) term life and accidental death policy with the premium paid by the City. M 629 PRA Captains — 1010112022 09/30/2025 Section 1. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status of, tvventy-four (24) or, more hours in a work week. No member may use more vacation leave than (s)he has accrued. The chart below shows the rnaximurri, annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 year 96 2 years 12..41 3 years 120 4 years, 128 5'years 136 6 years 144 7 years 152 8 years 160, 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years & after 24711 I A bargaining unit member may accrue vacation hours up to the Allowable 1 ax4nUrri: the total vacation hours (s)he accrued it) his/her two (2) most recent years of employment. During the fisc M year, vacation hours, may accrue beyond the AllowaWe Maximum; however, any accrued and unused vacation hours exceeding the Allow a,ble MaXiMLIM on September 3,0"" of each year will be forfeited. 1. Vacation requests may be submitted front 14 - 4S days in advance for vacaflon. In the event of conflicting requests for vacation dates, the senior mernber's request shall prevail provided the more senior mernbeir's request was submitted thirty (30) days Iprior to the 22 [*R PBA Captains — 1010112,022 — 09/30/202S date(s) requested. 2. Vacations of two (2) days or less may Lie made with twenty-fouir (24) hours of advance notice,, 3. All other requests SUIWTIitted with less than thirty (30) days, of notice shall be on a first Come first serve basis regardless of seniority. 4, Request for emergency vacation leave will considered individually by the Chief. 5 A bargaining rnernber who is absent without approval willl riot be compensated for the time absent and may be subject to disciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight (8) Bonus Vacation, Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives,. Details of each quarter's incentive program benchmarks will be provided and published. D. 5e[��rnBack c, r s: Members are eligible to sell back up to eighty (80) hours of vacation leave each year of this agreement. Merribers must submit a request for vacation sell back through Neogov's self-service portal) no later than August 11t of each fiscal year for which payment will be made in Septem,ber. Section 2, Sick Leave Bargaining unit members will accrue sick leave on a bi-weekly basis (3,69 hours) for an annualized total of ninety-six (916) hours per, year. In order to receive accrued sick leave in a work week, a rnernber must have been in an active paid status of twenty-four (24) hours or more. No imember may use more sick leave than (s)he has accrued. R. Notice of Use of Sick Hours: Unscheduled Sick: A rnerober shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less, than sixty (60) minutes before the start of his/her scheduled shift. If a member fails to call in within the specified time, the member may be subject to progressive discipline. This notice procedure shall be followed for each day the rnernber is unable to report to work unless the member has been authorized by Human Resources and the City Manager for an extended leave of absence. Scheduled Sick! A member may request, with a: minirnUrn 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 recodled to "sick," 631 PBA Captains -10/01/2022 —09,/30/2025 Sick hours may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons; 1. Mernber's health, or Lip to forty (40) hours per fiscal year for illness of irnmediate, family member: the mernber's parent, spouse, or child. 2. I Medical, dental, or optical treatrVent that is determined in writing by a physician to be necessary and must be perforrned during, working hours. 1 Quarantine due to exposure to contagious dlisease. 4In connection with a member's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignmeint is available. 5. In, connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the mernber, or the member's, immediate farnHy member, as defined in, (FIVILA). The following conditions, may be deen"ied as excessive/abusive use of sick leave and may result in a referral to IlLiman Resources for FMLA and/or progressive discipline: 1, Members who have developed a pattern of sick leave usage. 2. Mernbers, who are required to use vacation leave, in lieu of or, in supplementation, of sick leave to compensate for absences (except approved FML), CDocumentation IReaui.r,e.caw For any use of sick time in excess of three �3) consecutive work days, a member is required to provide, written medical certification to the Hurnan Resources and Risk Management Department upon return to work. "Consecutive work days" means any day for which a rnember was scheduled to work, including additional or "overflirne" shifts. D. Payout of Sick Leave 1. Members who are terminated from the City are not eligible for a payout of sick leave,, 2. Members, will have payrnent 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 retirement, or, earlly retirement as defined in the appropriate Pension Plan). Continuous Years of Service Less than 5 full years years but less than 10 full years More than 10 full years Upon retirement from the City 24 Percentage of Sick Leave Payout 0% 25% 50% 50% PBA Captains — 10/01/2022 — 09/30/202S Ain employee retains his/her accrued and unused sick hours while employed in a full- time position with the Clty. if an employee's status converts to a part-time position, Whether voluntarily or involuntarily, (s)h: e will have his/her accrued and unused sick leave paild out pursuant to the aforernentioned table. E Sick Leave Conversion., Members who have rnore than one hundred twenty (1 0) hours of sick leave as of September 1" of any contract year may convert 5011/a of the excess over one hundred twenty (1,20) hours to a cash straight time payment not to exceed eighty (80) hours. This conversion payout Will occur by September 301". Sick Leave Donations: Slck Leave Donations are available pursuairit to City policy. At the sole discretion of the Police Chief (or- Desiignee), a member may be granted up to eighty (80) hours of paid personal leave in a fiscal year. There iis no entitlement to Personal Leave, and the, Police Chief s approval of or denial of such leave is not subject to grievance. Section 4, Bereavement Leave In the event a rriember has, experienced the death of his/heir mother, father,, foster parent, step- parent, brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-indaw or brother-in-law, or grandparent of SPOUse or registered dornestic partner, a member may use paid compassionate leave not to exceed three (3), consecutive shifts for any One death. However, if it is necessary for the member to leave the State in connection with the interinit'rient of the deceased, the inernber may use an: additional two (2) consecutive shifts. Members must submit proof of death within thirty (30) days in order to be eligible for paid compassionate leave. The City Manager may grant additional cornpassionate leave at his/her sole discretion. W 11-W PBA Captains ...1r1/01/202.2 -• 09/30/Z025 1150TH -01-4 '� Section I., Barg ,crinin g Unit Members will receive Holiday Pay in thefollowing manner, for each year of this Agreernent: A, The second paycheck in October, rneirribers, willl receive 90 hours straight tirne Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After flianksgiving o Christmas Eve o Christmas Daly o New Year's Day B. The second paycheck in JanUary, nierribers will receive 90 hours straight time Holiclay Pay alt current rate of pay on check date. This payment is for the following holidays: o Mai -tin Luther King, Jr. Daly o Presidents' Day o MernorW Daly o Juneteenth o Independence Day o Labor Day Section 2. Bargaining Unit Members. must have been actively employed on the paycheck date in order to receive the Holiday Pay in Section 1, Section 3. Bargaining, Unit Members who leave employment must pay back any holidays for which they were paid but were riot employed on date, of holiday. This payment will Ibe deducted frorn the rnember's, final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro -rated basis on the first paycheck of the rrionth following date of hire.. The proration will be calculated as lo1lows: A, If hired between October 1st and January 1st, (s)he wHi receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. B, If hired between January 2nd and: Septernber 30th, (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Section S. There is no additional pay, prerniUffl Or otherwiise, for time worked on City observed or actual holidays. M 634 PFAA Captains —10/0m /2022 — 0,9/30/2025 Section 6, There is no pay, premium or otherwise, to Bargaining Unit Merribers who do not work oil City -observed or actual holidays. Section 7. Membeirs, with non --road patrol assignalents whose scheduled work day falls on a City - observed holiday may have the following options (based! upon scheduhng approval of Supervisory Chain of Comrnaind): a) W'olrk on the City observed holiday and get paid at straight time for the actual hours worked, or b) Not work on, the City -observed holiday and request to use paid leave (such, as available co rn p, time or vacation leave) to be corn pe n sa ted for the ho Lj rs, or c) Not work on the City -observed holiday, and be in an unpaid status, for those hours (absent any request to use available paid leave), or d) With, advanced agreernent and approval from supervisor, a non -road patrol member may flex his/her schedule during any work week in which there is a City -observed holiday. 27 635 PBA Captains —10101 2022 —09/30/20 5 F—ITIMPOMMI, 111177014TITIT11411211 WITUR Section 1. The City wiH make a payment of fifteen thousand dollars ($1.5,000.00) to the beneficiary of bargaining unit ernployees considered by law to have expired in, the Bine of duty. Section 2, All employees shall cornpGete the appropriate form to designate by name arld address, the individual to whom Such funds are to be paid. In the event of conflicting claims for payment, the, City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within, sixty (60) calendar days. M [*R PBA Captains —1010112, 022 — 09/30/2025 "TA-11UNTO-lul Section 1. a. Mandaitory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half (1.5) times the, officer's hourly base rate for actual tirne in I training. Compensatory time in lieu i of overtime may be authorized by the Police Chief (or Designee), I= Other off-site training/special programs, including but not limited to conferences, and seminars, for which, the City, approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member- is attending that were regular scheduled work hours. The City reserves the right to flex a rnember's work schedule to reduce the cost of overtime that may result from a member attending such, classes on non-scheduled work days. The content and Course of weapons trainirig will be established by the Chief of Police. Each mernber will be allowed three opportunities to meet prescribed qualification standards. If the, officer does riot qualify in three attempts, they will be required to qualify on their own tirrie and expense to rer-r-rain eligible for employment as law enforcernent officers, MMNMMK�� The City will reirl'Iburse eligible members for tuition pursuant to the City's Tuition, Assistance Prograryi, which is attached as Addendurn X," The provisions of this Section arid Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For the tern of this Agreement, Tuition Assistance is funded at forty thousand dollars ($40,000) per fiscal year and covers Mernbers of all PB,A units. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable to members of any PBA bargaining unit. The City reimburse members for authorized expenses associated with attending training and special schools as approved by the, Police Chief, 2") PBA Captains —10/01/2022 — 09/30/2025 "TA-10THOW The City wilil post the Agreement on the City's shared network drive or any other Oectronic distribution system. 30 638 PBA Captains — 10/01/2022 — 09/30/20,25 119 WIF go] 7 IRT M 9MCK-01 110 TOR A personnel 'file for all City employees is maintained by the City's Human Resources Department. Employees may inspect anvil obtain copies of personnel files in accordance with Florida Laiw, Section 2. Internal affairs investigatory files will he maintained in accordance with Florida State Statutes. Section . All bargaining unit members covered by this Agreernent Must be notified within twenty-four (24), hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I., . file, unless the file is being inspected by a governmental agency (including IRS), or, state attorney, in, the conduct of a lawful crirninM investigation when confidentiality of the, investigation is requested. 3 1 639 PBA Captain....10/01/ 02 - 09/30/2025 Fiffilyff4vow, 11119filmal ' In accordance with Florida Statutes, the City will provide legal) defense for a member against any civil darnage suits wherein said member is a nan'ied party and wherein the alleged damages, were, allegedly caused by the actions of said member while acting within the scope of: his/her authority and within the course of his ernployrnent. Section 2. The City will indernnify all mernbeirs against judgments for cornpensatory darnages entered against thern as al result of their, acticnns to, the extent that the City is found liable for such, actions. Section 3. The City will select the Attorney who is to defend the employee relative to tWs Article. Section 4. The ernployee will be responsible for filing any counterclaims at his/her expense. m 1.11 If PBA Captains -- 1010112.022 ®® 09/30/202,5 Section 1. The, Parties recognize that the interests of thie community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community, To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals, of effective municipal management and public safety. The Parties, recognize the need for progressive and appropriate discipline when an employee's, conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for Cause. Progressive, consistent„ and appropriate discipliine will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A, Written Notice/Reprimand K Unpaid Suspension C. Demotion D. Termination Discipline is classified as either major or minor, as follows: zmmmlm��M Unpaid Suspension of more than sixteen (16) hours; Demotion, or; Termination - MINOR DISCIPLINE is a(n): 0 Written Notice/Reprimand, or; 0 Unpaid Suspension of sixteen, (16) hours or less. Section 3. Any bargaining unit niernberwho has been promoted, and who thereafter is demoted, shall be returned to the position and shift(s) he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with, the Boynton Beach Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with, the City of Boynton Beach Police Department at the time of dernotion. Section 4, No Emiployee shall be subject to major discipline without first being afforded a pre -determination conference with the City Manager, No pre-cletermination conference shall be conducted with less than fifteen (15) calendar days' notice to the Employee. W 641 P,BA Captains —10/01/'2022 — 09/30/2025 Section . Unpaid suspensions will be irnposed in increments of eight Q8) hours loss of pay. Section 6. Members will be inefigible, to work off duty details during any calendar day on which they are observing a Suspension. Section 7. The City will provide notice to the PBA when it completes an investigation of bargaining unit members that could result iin, disciplinary action or when an employee is given a suspension;. m PB,A Caiptains _.1010'%12,,02 On9/30/2,02S 1400M mus Appeals of disciplinary action shall be handled as, follows. Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the Grievance Process pursuant to Article 26. A, Written Notices/Reprimands may be submitted for review by the Chief of Police as follows., 1. Member must submit a written response to the Written )Notice/Reprimand (email is acceptable) to the Chief of Police, with a copy to the Director of Human Resources and Risk Management, within fifteen (1 5) calendar days of issuance. 2, After review of a nnernber's written response and within fifteen (1 5) caleridar dlays, the Chief of Police may rescind the Written Reprimand, The Chief's, determination will be in writing (email is acceptable) to the member, with a copy to the Director of Human Resources and Risk Management, The Chief's response may simply state the determination outcome, 3. The Director of Human Resources, and Risk Management will ensure the mernber's employment file contains the o,riginailly issued Written Notice/Reprinnand, the employee's written response, and the Chief of Police's determination to sustain, reduce, or reject the discipline, 4, Alternatively, a member iis permitted to provide a written response to the Written Notice/Reprimand to both the Chief of Police and the Director of Human, ReSOUrces, up to 90 days following its issuance for inclusion in his/her ennployrnent file. However, the Chief of Police will not consider reducing or rejecting discipline from any written responses received after the deadline as stated above in A(1)-(3), B. Unpaid Suspensions of sixteen (16) hours or less (foilowing pre-discipli�nairy meeting Under Chapter 112, Florida Statutes) may be formally appealed to the Chief of Police, whose decision shall be final. A member may submit a written response to be included in his/her employment file,, 1. Following the initial pre -disciplinary meeting and receipt of -final discipline, an appeal shall be filed in writing via electronic mail to the Chief of Police and the Director of Human Resources and Risk Management within fifteen (15) calendar days of notice of the unpaid suspension. 2. The Chief of Police shall render a decision within fifteen (15) calendar days of the appeal. 3. Th,e Chief of Police's decision may be to sustain, fully reject, or lessen the discipline. The Chief of Police (or Designee) may, at the request of the member, conduct interviews with M 1.11 K PBA Captains — 10/01/2022 — 09/30/2025 departmental staff or members of the bargaining unit as part of his/her forniall review of the discipline and of alleged violations of this Agreement and/or Chapter 112, Florida Statutes, if applicable. A. Pre -Di �p - Sc .j:inary Meeting_W:ith the Chief of Police under Chapter 112 Fiq!J _da Statutes. 1. Following the initial recommendation of discipline, mernbers may Schedule and attend a, Pre -Disciplinary meeting with the Chief of Police, pursuant to Chapter 112, Florida Statutes and within, thirty (30) calendar days of the issuance of Major Discipline. This request Must be iin writing (e mail is acceptable) to the Chief of Police with a copy to the Director of Human Resources and Risk Management, 2After the meeting, if one is requested, or after receiving the member's written statement in lieu of ai rneeting, the Chief of Police will render his final disciplinary decision within fifteen (1 5) calendar days. 3. If a member dloes not request and attend a pre -disciplinary meeting with the Chief of Police, or does not provide a written statement in lieu of a meeting, within thirty (30) calendar days of the initial recommendation of discipline, then the Chief of Police's initial discipline recommendation will stand, However, the member may opt to waive the meeting with the Chief of Police and proceed directly to the Predetermination Conference with the City Manager, B. Predetermination Conference with the City_Mkna er-, 1. Prior to the imposition of Major Discipline, a member may elect to participate in a Predetermination Conference with the City Manager. The member must request a conference with the City Manager within fifteen (15) calendar days of the final determination by the, Chief of Police, 1 Members will have a minium of fifteen (1 5) calendar days' notice of the date of the Predetermination Conference, 3. The City Manager will render a disciplinary decision, which is finial, within thirty (30) calendar days of the predetermination conference. C. Arbitration: Following a Predetermination Conference wiith the City Manager, if the -final recommendation of discipline remains as Mlajor Discipline, then the matter may be referred directly to Arbitration, beginning at Step Three of the Grievance Procedures pursuant to Article 26, 5.A. 644 PBA Captains — 10/01/2022 — 09/30/2025 Section 1. Agrievance, as used iri this Agreement, is limited to a complaint or, request of a bargaining unit member or the PBA which involves the interpretation or application of, or- compliance with, the provisions of'this Agreement. Appeals of disciplinary action are not grievances but may be brought followingthe procedures set forth in Article S. Section 2, Grievances concerning working conditions not specifica[ly covered by the terms and provisions of this Agreement shall) be subject to the grievance procedUre uip to, but not including, arbitr-ation. Section 3, In the event a grievance should arise as to the interpretation or the application of the terrns of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in, the following manner. Any grievance not answered by the City within the tir-ne limits provided below willl autornatically advaince to the next higher step of the grievance procedure. Section 4. All references to "days" in this Article shall mean calendar days. Section S. Procedures A. Grievance Procedures Step One -- Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic rnail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth (15") day of the occurrence or on or by the fifteenth (IVI) day of when the employee(s) knew or should have known of: the occuirrence. All grievances shall include the following. - a. Statement of the grievance and the facts and circumstances upon which it is based; b. Narne and rank of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and & The remedy requested; All class action, grievances shall also include: a. Statement indicating the grievance is a class action; and b. Signature of a PBA union Official/Attorney. The Police Chief's Step One response shall be transmitted to the Union andto the Director of Human Resources and Risk Management on or by the tenth (1W') day of receipt of a grievance. If the Police Chief does not respond in writing via electronic mail, the grievance T/ 645 PBA Catains — 20/01/20Z2 — 09/30/202.5 is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two, City Manager (or Designee) If no resolution is reached at Step One, the aggrieved ernployee(s) o�r the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of HUMan, Resources and Risk Management on or by the fifteenth (15t") day of receipt of the Police Chief's Step One response. The City Manager (or Designee), at his/her- discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance, The City Manager (or Designee) must notify the Union and Grievant within seven (7') days of receipt of the Step Two grievance if (s)he intends, to conduct interviews. Once such notification is rnade, the time period for the City"s Step Two response, is tolled with mutual agreement by the Union until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty (30) days of receipt of the Step Two grievance or by a rViLltually agreed upon extended (late. if the City Manager (or Designee), does not respond in writing via electronic mail, the grievance is presumed to be denied and the aggrieved employee or an Association representative may move to the next step. Meta Thr.e.p —Arbitration If the grievance has not been settled by Steps 1 and 2, the, PBA or- the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's (or Designee's) reply or when a reply was due, if none is submitted. Following a Predetermination Conference with the City Manager under Article 25, appeals, of disciplinary matters continue at this Step of the Grievance Process. Notices to the City under this section must be sent to the City Manager and to the Director of Hurnam Resources and (tisk Management, and electronic mail is sufficient,, Notices to the PBA under this section must be sent to the assigned! PBA attorney, with a copy to PBA President, B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation: arid Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (15") day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the rules, of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terrns of this Agreement. M 11 -IR PBA Captains --- 3,0/01/2022 -- 09/30/'2025 L Arbitrator, Sellecti:on Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense, The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name rernains, the last name remaining shalt be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will' be conducted at a location Mutually agre,eaible to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and Presenting its own case, including the cost of witnesses and other people it irequiires to attend the arbitration. B. Arbitrator ALIthorityand Award The arbitrator rnay sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety, the Ernployee will be made whole, Any and all procedures regarding arbitration which are not specifi�catly set forth in this Section shall be governed by this Article, The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript In lieu of briefs. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receiipt of briefs, if any, or receipt of the transcript if Parties have agreed to subm,it the arbitration transcript in lieu of briefs. 4. Other Provisions A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA share riot to exceed $500OO 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 agreement of both Parties, a, rneeting will be held at any step of the grievance procedure, Settlement of a grievance prior to the issuance of an airbitration Award shall riot constitute precedent nor shall it constitute an admission that the Agreement Ihas been violated. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards, 39 1.11 VA PBA Captains — 10/01/2022 -.09/3012025 MOM Section 1. When an employee is required to use his/her personal vehicle in the perforr'nance of police duties, said employee shall be reimbursed a mileage rate as established by the Internal Rev nue Service (IRS), excluding mileage traveled to and frorni the normal work location. Section 2, For thurpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. 40 648 PBA Captains — 10/01/202Z 09/30/2025 I The City is a Drug Free, Workplace and has established a Drug Free Workplace Policy. Bargaining Unit ernployees are subject to itandoni, reasonable suspicion, and post -accident drug testing. The Drug Free Workplace Policy approved by the City and the P,BA is attached ais, Addend urn "A." 4 1 649 PBA Captains -- 10/01/2022 - 09/30/2025 r—ARITINTORE 42 650 PSA Captains — 20/01/2022 — 09/30/2025 Section 1, This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements (including the CBA in control from 2021 through 2024), and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. Sectimi.2. There is no past practice which results in a irronetary benefit except as set forth expressly in this Agreernent. Ali bargaining unit members are covered under the terms of this Agreernent, Departmental Rules and Regulations arid the City's Personnel Policy Manual! and riot under any Civil Service Rule/Regulation and heretofore in existence. (a) When the City intends, to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provide written notice to the PBA. This notice wild include a description of the change and an implementation date which, shall be no less than thirty (301) days frorn the date of notice. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA wild have fifteen (15), calendar days from date of notice to advise the City, if the PBA is reqUesting tare -implementation or post implementation impact bar wining and to identity with specificity the manner in which the modification, affects the rights of its mernbers. The PBA response shall include 3 dates and times, when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first 10 days following the PBA request, When bairgaining is requested, it shall begin no less than 10 days following the PBA's request and shall be concluudedl within 14 days following the first bargaining session, (C) This provision is not a waiver, restraint or limitation on, the City's managernent right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, andl exercise control and discretion over its organization and operations. Further, this provision is not a waiver of the City's rights or the PBA's rights Linder Chapter 447, Florida, Statutes. Section3. Nothing in this Agreement shall be construed or interpreted as a waiver of the, PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreernent shall be construed or, interpreted ass a waiver or limitation on the City's management rights. 43 651 PBA Captains —10/0 /'z0za — 09/3012025 F-AMIUM1*31 WIDUMM Section 1. If any provision of this Agr,een writ is found to be invalid by any courts having jurisdiction in respect thereof, such findings shalt not affect the remainder of this Agreement, and all other terms and provisions shall continue in fuH force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin inegotiaticnis of a replacement Articie or Sec6on, 4 4 652 PBA Ca pta n nis — 10/01 N2022 —CMJ/30/2025 This Agreement shall take effect when ratified by the, friernbers of the collective bargainlng unit and the City Commission and shell remain in effect until Septernber 30, 2025. No base wage increase, step, cost of living, orothercornpensation adjustments, except increases resulting from an assig, nment, shall be paid beyond Septernber 30th of each year, except as provided in a subsequent Memorandurn of Understanding or Collective Bargaining Agreement. M 653 PBA Captains —10/4x1/''2022 — 019/30/2025 IUI UNWO 11 Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably as possible the number of vehicles sufficient to supply eligible mernbers of the bargaining unit. Section 2. Eligibility: • Members are eligible for a Take Home Vehicle provided they: o Have successfully completed Field Training, and i:�) Have not had their police powers suspended. • Members who are on modified/light duty ire=lated to, a workers' compensation claim who do not have driving restrictions are eligible based upon availability of an unmarked vehicle. • Memibers, who are on modified duty related 'to a non -work-related injury or temporary disability may be provided with an unmarked vehicle based oil availability and seniority (ID number), provided their work restrictions, do not prohibit driving. Section 3, Vehicles, will be assigned on the basis of seniority by ID number), with seniority bumping rights for Members transferred to patrol. Section 4, Captains may use their assiigned unmarked vehicles on duty and off duty, anywhere in the State of Florida. All such time shall be covered by City insurance, unless the member is engaging in acts of bad faith, malicious purpose, or wanton and willful disregard of human rights, safety, or property. Section 5, F.S. 6273491 — Official law enforcement vehicles; motor vehicle insurance requirements-, This statute took effect on July 1, 2022 and requires police departments to imaiintain auto insurance coverage to cover their vehicles when an officer travels to or from work in a take home vehicle. The City has the necessary insurance in place to comply with this statute. The coverage must also cover the, time an officer travels, to and from any other work assignment in the take home vehicle. However, there are two exceptions: 1. Coverage is not required if the officer makes any "distinct deviation for a nonessential personal errand," a. The City and Union define "clistinct deviation" as any personal use of Take Home Vehicle other Owl de minitnis use along the member's normal commute route. For example, stopping at a convenience store, bank, or fast food restaurant that is on a member's reasonable commute route is, considered de minitnis. 46 654 PBA Captains — 10/01/2022 — 09/30/2025 Coverage is not required if the officer "acts in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of hurnan, rights, safety, or property," 47 655 PBA Cap tMns -- 10/01/2022 — 09/30/2025 ARTICLE 34 INTIZIOUYAJUM, All off-duty details (worked performed for a second party eniployer) require prior writter'll approval by the Chief of Police (or Desi nee). Police Department Index Code 71.2 applies except as modified in, this Article'. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited frorn participating in the off-duty details program. The City will continue coordinating off-duty details, The net rate of pay for off, -duty details paid to the officer will be set by the PBA, but no less, than, fifty dollars ($50,00) per hour with a three (3) hour minifnUrn. PBA may change this rate at any tirne with a mininnurn of fifteen (1 5) calendar days of written notice to the City. The City will act as the conduit for payment for off duty details, frorn, the second party employer to the officer. Payment to the officer is contingent on collection, from 'tine second party employer. Any payments for off duty detail work performed on; behalf of a second party employer shall not be considered compensation for pension calculation purpose S3. Each officer working an, off-duty detail is deemed to be an independent contractor of the second party ernployer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for every detail worked to offset equipment costs. �De,taills shall be assigned only to those officers who are off duty and no officer shall accept any off-duty cletail when it interferes with his/her normal working hours. No swap of time is permitted to accornniodate an off-duty detail. Each officer-, while working off-duty details, shall adhere to City conduct standards. Any rnisconduct or breach of policies, rules and regulations wwrillll be handled through the lDepartrment the same as any on -duty activity. Any police officer who is on sick leave, workers' compensation or working light duty wrwilll not work any off -duty detail during that period. (4) "COMpensation' or, "sulary'areons, for non,,rollectively borgainedservice earnedbefore July 1, 2'011, arfar service earned under collective bargaining agreements in ploce before Aily 1, 20.11, the total cosh rernun era rian including "overtirne' paid by the primary ernployer to a police officerbr services renderedj.jLnnorn cluL LJqty_qE,5p(,j,, ,, ftgdgr;) iiY_omkP_erLPv 4�,MptqM § 185, 2, Flea. Stint. Ann. 138'Pei7siofiCo(le:Ct)�inpensationof'solary, The total cash remuneration including lump sum poyrnentsfor accumulated sick and' vacation leove and "overtirne' paid by the primer employer to a police off firer services rendered, moat tjpI kycl()§tq.Lj gy p mtqb.f pr,gitreg duty oiv s aecjol detail work.1 if nM on lash qS� LQ tVY_t(Lthg pCnfira qffloL,hy !hg.tigm LJI?gYy employ, 48 W� PBA Captains-- 10/01/2022-09/30/2025 Any pol'ice officer on leave due to discipfinary matters shall not ^work off-duty details (Wring the period of that suspension or removal from active duty. Any police officer may not work more than twenty-four (24), hours of overall off-duty details during any seven (7) day work period. Exceptions are granted when officer is on vacation (for a minimum, of forty (40), consecutive hours); then the twenty-four (24) houir limitation may be exceeded, The Police Chief may suspend an ernployee's right to work off. duty details as a component of disciplinary action or as a component of a Performance lai provement Plan as a result of a conduct violation committed whHe on an off-cluty detail. Alli Bargaining Unit Members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to an off-cluty detail shall Comply with, all Current Cityand Department policies and procedlures in effect. 49 657 PSA Captains —101011202 --09/30/ 25 ARTICLE 35 .PENSION Sectlon 1, Recent Historical Changes DUring Bargaining Bargaining Unit Men'-ibers hired on or after October 1, 2015 wHI have a pensiorn rnuffiplier of three percent (3%), * 'The vesting period for Police Officers and Detectives hired on or after" October 1, 2016 is ten (10) years. s Upon, ratification of the Agreement ending September 30, 2019, the City and the Minion conformed to, the statutory, requirement to negotiate provisions of SB 1.72, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which, provided that the Union would pay the City a total of $60,000 in $30,,000 increments in Novernber 2017 and November 20M, 0 Mutual Consent Agreements, which provide that the City will receive a total of $910,0010 in $30,000 increments in Novernber 201.9, November 2020, and November 20,21, (satisfied) and a total of $150,000, in November of years 2022, 2023, and 2024. * Eimployees hired on or after October 1, 201.9: Normal retirement — the earlier of age 55 and 10 years of credited service, or cornpletion, of 25 years of credited service regardless of age — Hminating the 50 years of age with 15 years of credited service, - Employees hired on or after October I., 201&; Early Retirernent/Deferred Vested Retirement — 50 years of age with 10 years of credited service, o ALL: MaxiMLIM Retirement Benefit shall not exceed eiglhty-five percent (85%) provided that, in all cases, the benefit is at least 2.75% for each year of service. # ALLd MernberContributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal! year of the 2019-2022 Agreement— Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL), Satisfied - no additional contribU'6011S. Pension ordinance, updated as of October 2022, currently governs. Section, 2. Agreed t * DROP — Effective October 1, 2022, all active members are eligible to participate in an eight (8) year DROP with a seven percent (7%) guaranteed interest rate on their full DROP balances. Mernbers are required to resume contributions at three percent (3%) for years six (6) through eight (8) of the DROP, if they opt to participate. Active members who have already entered the DROP are eligible to extend their DROP provided they are not required to separate frorn service prior to October 1, 2022, 50 658 PBA Captains — 10/01/2022 — 09/30/2025 71101 R W KIM 10TO.1107M T14 10M Section L "Strike" means the concerted failure to report for duty, the, concerted absence of Captains from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Captains frorn the full and faithful performance of their duties of emiployment with the City, participation in a deliberate and concerted course of conduct which adversely, affects the services of the, City, picketing or dernonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2, Neither the Union, nor any of its officers, agents and 1"nernrn bers, nor any eployee .......... ---. organization members, covered by thiis, Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section . Each Captain who holds a position with the City occupies a position of specialtrust and responsibility in main:taini:nig and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain cornpliance with this Article arid the law, including their responsibility to abide by the provisions of this Article, and the law by rernaining at work during any interruption which may Ibe initiated by others; and their responsibility, in event of breach of this Article or the Ilavw by other employees and upon the request of the City, to encourage a nd direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Captains who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. Ell 659 PRA Captains — 1010112022 — 09/30/2025 r-ATITIMUSE - — -, - . .. . ..... -- — - . .......... ............................. Section 1. Workers' Compensation A. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on, duty, and directly related to work performed, until (s)he reaches maximum rnedical improvement or two (2) years, whichever comes first. B. The City is self-insured for Workers' Compensation. The City's Fluman 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. CMembers, who are unable to work due to a work-related injury or illness, are entitled to have their workers,' compensation payments supplemented for up to ninety ( 1) days, to ensure they receive one hundred percent (100%) of their normal base pay, unless otherwise negotiated in a workers,' compensation hearing. D. The City follows the provisions of Florida Statute, Chapter 4401, Workers" Compensation. bargaining Unit rnernbers, who require follow up medical treatment are required to attend appointments while off duty. In the event a Bargaining Unit member needs to attend an appointment while on duty, due to scheduling conflicts identified by Command Staff, the member MUSt use his/her available Sick Leave or compensatory time and vacation time if the member has no availablle Sick Leave. _Iflinesses: ............. - 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 Departinient is made 24/7 by calling: (561) 742-6677 or e� mailing: risk mm L1 . 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. FM,LAJn,Coni,urTction with WoLkers' Compensatiow 1, To the extent permissible by Law, the City designates lost time in Conjunction with, a workers` compensation claimi as, FL, for members who rneet the eligibility requirements and who have not yet exhausted their rolling 1.2-trionth hours' entitlement. 5 2 PBA Captains — 10/0112022 —09/30/2025 Section 2. Modified Work (Light Duty) Modified Work Assigrirnents_LWgrLer An ernployee who has been released to work with restrictions may be accorTirnodated with a modified work {light duty) assignment at the dis,crtion of the Director of Hurnan Resources and Risk Management (or Designee) in consultation with the Police Chief (or Designee). 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 aiutornatically designated! as FMLA. For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Departrnent, Modified Work Assigp!ngjjts [QtIIerJ: 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 Hurnan, Resources and Risk Management Departn"ient, Section 3. Leaves of Absence _�rt3il_ and Medical Leave Aca�FM�„A�: An employee who has worked for the City for at least twelve (1 2) months and who has worked at least one thousand two hundred fifty (1,250) hours in, the preceding twelve (1 2) months is eligible to request job -protected leave under FMLA for qualified reasons as defined by the law. Requestsfor leave under FMLA must be submitted in writing on the designated form to the i luman Resources and Risk Management Department. Leaves under FMLA are approved by the, Director of Human Resources and Risk Managernent and the City Manager. Hurnan, 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, Americans with Disabillities Act Amendrne jj�s An employee may be entitled! to leave as an accommodation for his/her disability under the ADAAA,. W PBA Capta�ns — 20/01/2022 — 09/30/2025 For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Managernent Department. 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 Hurnan 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. Leave ofAbsence jOtfrer): An eimployee who is not eligible for leave under FIVILA, 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 Police Chief (or Designee), will consider an employee's request for a Leave of Absence on a case- by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee), The City Manager's determination is finai 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 IIOUrs while on a Leave of Absence. The employee is responsible for the full cost of insurance prerniums for work weeks in which (s)he is in an unpaid status for more Lhan twenty-four (24) hours. PBA CaptaMs 1010112.022 — 0,9,/30/2025 "IM"WrOWN. Eligibility for hiring or promotion to a position in the bargaining unit shall be, as follows: (a) Recruitment for the rank of Police, Captain will be posted internally and externially, (b)Internal candidates must have: • Five (5) years of continuous experience as a Police Sergeant with the City of Boynton Beach; and • Bachelor's, Degree (lincuMbents in the Police Captain position or) or by the date of ratification of this Agreement are, exempt from meeting the Bachelor's Degree requirement.); and • Must possess and thereafter maintain FDLE certification. • Must possess and thereafter maintain a Florida driver's license. External candiclates, must meet throe qualifications listed above except that they must have (c) . .. . ........ —... held, at minimum, the rank of Police Sergeant with a rnunibipai, county, or state poli:ce, agency for a period of no less than five (5) years and must be a certified law enforcement officer within the State of Florida. (d) External candidates shall only be considered for hire when there acre no qualified internal candidates who passed the promotional process to fill the number of vacant positions. The City complies with all Veterans' Preference requirements pursuant to Chapter 2021-57, Laws of Florida and' F. a.`>, 295.0 7, W PBA captains - 101011202,2 -- 09/30/2,025 The City of Boynton Beach is committed to providing a safe work environmerit for its employees arid 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 harn'is, our local community. Moreover, the illegal possession, use, sale�, and distribution of controlled drugs, are criminal acts that directly threaten, the integrity of alll employees in the City, The City is addressing this problern 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 al safe and productive drug and alcohol free enviroriment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problern. The City considers substance, abuse to be an unsafe and counterproductive work practice. This policy applies to all PBA collective bargaining unit rnetnbers at the City of Boynton Beach, 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 specirnen, whichi 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. I "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphietarnines; cannabinoids; cocaine,- phiencyclidine, (P,CP); hallucinogens; rnethaqua lone; opiates, barbiturates; benzodiazepiries; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are estabIlished 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 preparationi 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. , Letter I of this policy. Employees and job applicants should review this list prior to submitting to a, drug test, 3 6) PBA Captains — 10/01/2022 — 09/30/2025 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 rnetabolites. 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 alcoh6l and, dr -lug, rehabiHtation program. 7. "'Employer" rneans an agency within state government that employs individuals for salary, wages, or other remuneration 8. Initial drug test" rneans a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a, position with the City and has been offered employment conditioned upon successfully passing a drug test. 10, "Mandatory -testing position/Safety-sensitive position" means, with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries 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 systern, work with confidential information or docurnents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.11, 27, or a job assignment in which a momentary lapse in attention Could result in injury or death to another person, 11, "'Medical Review Officer (MRO)" rneansa licensed physician with knowledge of prescription dirugs, 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, 12. "Prescription or Nonprescription Medication" rneans a drug or medication obtained pursuant to a prescription as, defined by F.S. 893.02 or a medication that is auithorized pursuant to federal or state law for general distribution and use without a, prescription in the treatrnent of human diseases, ailments, or injuries. 13, "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or Ihas used drugs in violation of the employer's policy drawn from specific objective and articiullable 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. Airnong other things,, such facts and inferences may be based upon: a. Observable phenornena 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. PRA Captains - 10/01/2022 - 09/30/2025 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 been liinvolved in, an accident while at work - i. If a bargaining unit mernber is involved in an accident in which the member was driving a City owned vehicle or any workplace incident that results in the member seeking medical attention at a medical facility, iii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post -accident drug test may, at the mernber's option, be accotyipanied to the testing by an available Union Representative, The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. The unavailability of a Union, Representative shall not preclude the postaccident drug testing frorn taking place. iii. Refusal to submit to an order for post -accident drug testing,, or intentionally delaying a post -accident drug test can result in termination; however, nothing herein shall abrogate a bargaining, unit member's right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, ortransferred 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 u ride re 943 Department of Law enforceime, nt, 1, Fire Prevention and Control or Cha.,j?.ter 15, "Specirnen" means a tissue or prod LICt of the hurnan body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes, forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an, accident or sustaining an injury, which requires drug, testing. A. It is the policy of the City that an employee found with the presence of alcohol, illegal dlrugs, il) 8 PBA Captains - 10/01/2022 - 09130/20ZS or presc�riiption medication in levels exceeding prescribed dosage in his/her system, in possession of, using, se I ling, trading or offering for sale illegal drugs or alcohol &11`1111g, working hours, may be subject to disciplinary action up to and 41CIUdiing 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 perforrn required:! duties, will not be allowed to work. The supervisor should first atteiript 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 a niy problern(s) that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation, horne. An impaired employee n"iust not be allowed to drive and if necessary can be transported home by a suipervisor 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 rnay suggest that the employee voluntarily seek help from the ernptoyee assistance program or decide that the severity of the observed problem is such that a forrnal referral to the EAP should be rnade. L 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 tl-iat 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. 2It is the employee's responsibility to notify the prescribing physician of his/her job r-equiir-ernerits/functi,c)risto ensure that the physician approves, the use of the prescription medication, while the employee is performing his/her job duties. It is recorrurnended that the employee provide his/her physician with a copy of the MILE standards for law enforcement officers so the physician is aware of the physical requirements of the position, 1 It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is, prescribed any medication that is, considered a controlled substance on Schedules 11, 111, or IV as defined and amended froirn time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including ternrination, of employrnent. The Director of Human Resources and Risk Managernent may require the employee to provide a! note from his/her prescribing physician stating that the employee is able to perforni the functions, of a law enforcement officer whi:lle taking the medication as prescribed. 4, The employee shall notify the Director of HUrnan Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those 59 PBA Captains -10/tri/2022 - 09/30/2025 considered a controlled substance, on Schedules 11, 111, or IV as defined and arnended fronii time to time in Florida Statutes 893.03) will affect the employee's work performance. If the prescribing physician determines that the employee cannot perform his/her job duties without irripairrYient while taking the prescribed medication, then the ernployee will the required to use his/her sick and/or FMLA leave, or unpaid leave, if hi,s/hier leave pools, are exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. 6,, Abuse of prescription drugs will not be tolerated. A. Conditions of Pre -Employment The City will conduct a pre-ernployment 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 allcohof testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests, positive for drugs or alcohol (Ise will be refused erriployment. (1) Confidentiality will be maintained pursuant to this policy. B. LrqployLq tt _qlpjiance It shall be a condition of continued employment for alll 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 dirUg testing is not a waiver of the employee's right to challenge both the order and the test ot,ttcome. C. Em_p!pygLt,_Assista nice Prograrn The City offers an Employee Assistance program (EAP) which provides help to employees and their families'who SUfferfrorn 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; M P13A Captans — 10/01/2022 — 09/30/2025 a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palirn Beach County : 561-278-0000 c) Palm Beach AI-Anon/Aka-Teen Information 561-882-0308 d) Alcoholics Anonymous (Palnl Beach County) 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Prograrn , 561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems, 1. Use of the employee assistance prograrn, on a voluntary basis, will not affect the cleteirmination of appropriate disciplinary action, 2. An employee's decision to seek assistance from the Employee Assistance Prograrn oil a voluntary basis priDr to any incident warranting disciphnary action will not be used as, the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP wilill 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 treati'llent of drug and alcohol abLJSe. 4. Ulpon Successful completion of a drug and/or alcohol treatment program all employee may be released to resurne work but will be subject to drug testing on a randorn, periodic basis, at least quarterly, and for up to two years, thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 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, wvilll be preserved in the sarne confidential manner as all other medical records and be retained in a separate file as provided by law. D. Managenient's Rp The Citywill 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 ernployees 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 6-1- 669 P,BA CaptWns — 2010112022 — 09/30/2025 the influence of drugs or alcohol, the emplIoyee must be sent for reasonable suspicion drug testing. A'form for documenting cause for a reasonable suspicion dlrug test is attached. 3. In, all cases when an employee is to be removed frorn duty for drug testing, the Department Head and Hur-nan Resources & Risk Management should be ininnediate[y notified. E. Erten plovee'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 Linder prescription or non- prescription rned ica tio n which may affect jo b performance. 2. In the event an employee observes behavior in another employee, which raises a douibt as to that ernpioyee's ability to perform work in,asafe, reliable andtrustworthy manner, the employee should report this behavior to his/her Supervisor. 1 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 treatrr'ient. Any employee who enters a drug or alcohol treatment and/or rehabilitation prograrn will be responsible for payment of the treatment arid/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. M.edica.l_.Revkw!It `fijcLr`s 1��O F�j�op�sibfifies _� 1. The MRO will review all information from the testing laboratory in, the event of a positive, confirmed test. The M RO will review any information from the employee or job applicant regarding the use of medication or other relevant rinedical information set forth in the form Submitted priior to dlrug 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 Ciity. In order to rriaintain a drug and alcohol -free work environment, the City will test for the presence of alcohol and drugs, in the following circumstances., 1.Pre-emplo�yment: Job appllicants who have been offered a position of employrnent and whose job requirements are that of a "randatory-testing, safety -sensitive, or special risk position are required to take a drug and alcohol test. 6,? 670 PIRA Captains — 10/01/2022 —0 / in/2!025 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test, 3. Post-in,cident: Employees are required to take a drug and alcohol 'test when the i employee is involved in a jobrelated incident, which resutts in any of the following property darnage or the employee receives medical attention as a result of a work- related injury or accident. 4. Random Testing; Ernployees are subject to, random drug testing. On a monthly basis, a designated Police Officer uses www,randore. gffi? to generate a hist of three (3) PBA members who will be randornly tested for that month. A Union Representative signs off on this list. ln addition, Triernbers assigned to Vice are tested once every six (6) months, S. Fitness for duty: All employees who are subject to routine annual m,edilcal examinations are required to take a drug and allcohol test as part of their medical examination. 6. Follow-up; All emppoyees who have been referred to an employee assistance program or rehabilitation Program by the City for drug anidl/oir allcohol 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 13, #9, who refuses to submit to a drug and alcohol test will not be hired. B, Actions Fol win apositive Confirmed Test The City may administer disciplinary action, LIP to and including termination, for any ernployee who hasi positive, confirmed drug or alcohol test. C., Confidentiali1y, 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 prograrn 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 671 PBA Captains •-10/01/2022 09/30/2025 all information confidential, No such information will be released unless there is a voluntary written consent, signed by an emiployee or job applk:ant, 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 mairitain records concerning drug testing separate and apart from ari employee's or job applicant's file, D. R o iggpf Q5._qf.Medication Employees and job applicants niay confidentially report the use of prescription or non- prescription rnedication both before and after having a drug test, E. Notice of Cornt'non Medications A list of most cornmon rneclications, by brand nanie or common name, as applicable, as well as by chemical narne, which may alter or affect a drug test, is listed below in section H, Employees and job applicants should review this list prior to submitting to a drug test. F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information, G. Erni ptoveep Assistance Prggrwr) Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Hurnan Resources and Risk Managernent Department. H. Drugs to be Tested! In accordance with F.S. 893.03 as amended frorn 'time to time, the following, is an illustrative and non -exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test. 2. Amphetamines 3. Cannabinoids 4. Cocaine S. Phencyclicline (PCP) 6. Hallucinogens 7. Opiates, 8. Methaqualone 9, Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 64 672 PBA Captains — 10/01/2022 — 09/30/2025 12. Designer Drugs 11 A metabolite on any SUbstance listed herein 14. Anabollic/Androgenic Steroids. A list of drugs by brand names or comrnon nar-nes includes: oph'Im Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirm with, Codeine, Robitussain A -C, Hydrocodone, Coke Crack Heroin Diacetylirnorphine, horse, smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Laam, Leritine, Nurnorphan, Percodan, Tussionies, Fentanyl, Darvor), Talwin, Lornotil, Lorcet, Vicodin, Percocet Chloro'l Hydrote Noctec, Sorru"nos Borbiturates Phenobarbital, Tuiinal, Arnvtal, Nembutall, Seconal, Lotusate Benzodiozeplines Atavan, Azene, Clonopin, Dalmane, Diazeparn, Librium, Xanax, Serax, Tranxeine, Valium, Verstran, Halcion, Paxipam, Restoril Methaquolone Quaalude Metharnphetarnine Methyl Ice Glutethimide Doriden Otherl)epressants Equanil, Miltown, Noludar, Placidyll, Valimid NEW DRUGS - New drugs will be added to the fist of controlled substances based on amendments to the Florida, Statutes andl/or any federal law, rule, regulation or procedure after a review with the Labor - Management Coirnmittee, Many (prescription drugs can alter or affect drug tests, Due to the large number of obscure brand nain'les and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanoll). Read the, label for alcohol content. Amphetamines. Pbetirol, Biphetairnine, Desoxyn, Dexedrilne, Didrex, Lonarnine, Fastin. Connabinoids: Mairinoll (Dronabinol, THC). Cocoine: Cocaine, HCl topical solution (Roxanne) Phencyclidine: Not legal by prescription Methoquoloim Not legal by prescription Opiates: Paregoric, Parepectofin, Donnagel PG, Norph,ine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with, Codeine, Robitussin AC, Guiatuss, AC, Novahistine DH, Novahistine Expectorant, Diluadid (HydrOrnorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc, E 673 PBA Captarns, — 10101/2�022 — 09/30/2025 Barbiturates: Phenobarbitol, Tuinal, Arnytal, Nembutal, Seconal, Lotusate, Noriaril, Horicet, Esgic, Butisoll, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc, Benzodiazepine: Ativan, Azene, Clonopin, ICtalrrrane, Diazeparn, Librium, Xanax, Serax, Tanzene, Valium, Verstrani, Halcion, Paxiparn, Restoril, Centrax, etc. Methodone: Dolophone, Metaclose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. Federal law placed anabolic steroidls in Schedule III of the Controlled Substances Act (CSA) as of February 27,,1991. An employee or job appl:ican,t who is contacted by the MRO may confidentially report the use of prescription rnedication(s), because the presence of these medications in the body may have affected the outcome of the test, L C.hia1I.eqg!2_orf Test Results 1. An employee or a job, applicant who receives a positive confirryied test result may, within five (5) working clays, submit information to the Director of Hurnan Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the ernployee or job, applicant is unsatisfactory to the City, the City willl provide a written explanation as to why the ernployee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the ernployee or job applicant. 1 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 fie/she must promptly notify the M e d ica I Review Officer (M RO) 66 674 PBA Captains - 1.0/01/2022 - 09/30/2025 MUTUAL CONSENT AGREEMENT Lq,of insurance Prernium Tax Revenue) This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is IP.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POUCE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 201.5 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the rniniMUrn benefits and rninimum standards established by the State of Florida for public ernployee police pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' colllective bargaining representative (PBA)> NOW FHEREFORE, the City and PBA Unions agree as follows: 1. The foregoing Whereas clauses are correct. 2. The total of ninety thousand dollars ($90,0,00) of IPTR, whether base premium tax revenue or additional pirerniUrn tax revenue,, received by the City will be used! to reduce the, City's unfunded liability to the Boynton Beach Police Officers' Pension, Fund. These funds will be provided to the City in increments of thirty thousand dollars ($30,000) in November 2019, November 2020, and Nover-ribler 2021. 3. This Consent Agreement takes effect when signed by PBA and City. 67 675 PB�A captains .- 10/01/2022 -rasa/30/2025 0 9 WT* 01 FINI MA 5 M - --- - ----------- To provide financial assistance, when such funding is appropriated and approved in the City's Hurnan Resources Departruent's, annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree pro rare at an accredited coUege or unversity arid when the attainment Of Such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be Suspended or cancelled at any time. All Police Captains are eligiible to participate in this program. Employees must be "in good standing" with the City at the tirne of application and through the time of reirribursement in order to receive reimbursement through this program, urw a. Accredited college or university: A college or university that has, attained accreditation as --- ... dited documented by inclusion in the U'.. Department of Education's Office of Post -secondary Education (CIPE) Databose of Accredited Postsecondary Institutions Ond' Programs ovL@S.Lr�tcfituqi nQ_6earch ,,as P_x). The Director of Human Resources and Risk . Management reserves the, right to consider and approve or deny any college or university that is nolt listed in this database. lb, Full:tim.e.: An employee who is in a job classification designated asfUll-time and who is, scheduled to work a minimUl"n of thirty-six (36) hours per work week, c. "Inpood standing": An eligible employee who: a. Is actively employed on the date of program enrollment and through the date of reimbursement; b. Has n.ot been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reirnbursenrent; and c. For one (1) year prior to the date of program enrollment and through the date of reirnbursement, has not received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for discipli'niary reasons. cl, No-pLq0,LtJgZi1qry:! An employee who has successfully completed his/her initial one (1) year probationary period. Employees who are on a, probationary period solely due to a! promotion or reclassification and who have already been ernployed with the City in a full-time position i for more than one (1) year are considered "non -probationary"' for purposes of this policy. U5,511;:5 W;� PBA ca tarns — 10/01/202�2 — 09/30/2025 REMEME1,41W A. This Policy supersedes and replaces Administrotive Policy 04.0.1.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable, procedures, and sign a participation agreement to acknowledge program reqUirernents and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Managernent willl establish the current eligible reimbursement expenses, and artiounts and will set the fiscal year per person rnaXilMLIm reimbursable amounts. Tl,-ris information, ti tled Addendurn: Tuition Assis tonce Prograrn CUrrentReirn burserrtent Yeor Expe r7ses and Amounts, will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each, funded fiscal year or until funds are exhausted, whichever cornes first. The interpretation and administration of this policy shall be the responsibility of the Director of Hurnari Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this, policy or program is subject to any grievance or appeal process, B. The budgeted Tuition Assistance Program, funding, will be split into two separate pools so reimbursellient opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reirnbuirsernents, applications for Period One Reimburserne tits that were eligible but not reimbursed will be reconsidered, 0 Reimbursement Period Onie:, For course dates between August and December * Deadline for submitting Reimbursement Applications: January 31" * Final reimbursement issued in February a Reimbursement Period Two: For course dates between January and July * Deadline for submitting Reimbursement Applications: August 31s' * Final reimbursement issued in September C, The following courses are inel' 'ble for reimbursement under all circumstances, even if they are a, requirement for obtaining a degree: 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Sermnar; 3. Internship; 4Course that earns only Continuing Education Credits (CE Us); 5. Exam preparation course or entrance exa M; 6. Course taken as "audit only"; 7. Course ,graded only as "Pass/Fail"'; 8. Course issuing credit only as "Life Experience" and/or "Portfolio"', 9. Course fulfilling only a physical education or sexual education requirement; 101. Course 'taken that is not part of an employee's approved undergraduate or graduate degree prograrn; and 11, Course taken by an employee who is not enrolled in arl undergraduate or graduate degree Program. 69 677 PBA Captains, — 10/01/'2022 — 09/3,0/2025 D� The letter grades an eMp]oyee earns upon completion of an approved Course determines the percentage of reimbursement that will be applied 'to eligible expenses. 0 A 100% 0 B 75,% 0 C 50% 0 D 0% (ineligible for reirribUrsernent under this policy) F 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete" or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a niaxinlurn, of amount of $5,250.00 in any calendar yeat° is excluded from tax; any amount received in excess of $5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service (IRS). F. An employee who separates employment for any reason other than a City -initiated layoff or termination within twenty-fOLjr (24), months of receiving any amount of financial assistance pursuant to this policy, authorizes, the City to deduct the aniount(s) of such reinibursernent(s) frorn any amount of payout to which (s)he Would have otherwise been entitled. An employee who is not eligible for payouit or who does not have Sufficient payout value frorn which to deduct the reimbursed arnount(s) is obligated arid required to repay the City. G. Deadlines, are not negotiable and will riot be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reirribuirsernent applications, and other required docurnentation for participation in this prof ;ram. No employee should expect or rely upon the City, Human Resources, or any other person to "remind" him/her of this program's requirements and/or deadlines. a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Porticipotion Enrollment Forni and Tuition Assistonce Program Agreement are required to be submitted by any eligible employee who is interested in seeking reinibUrsernent pursuant to this policy, The purpose of the Participation Enrollment Form is for HUrnan Resources, and Risk lana p .,ernent to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that air employee understands the program and his/her obligations pursuant to enrollment and reirribursernent. The Participation Enrollment Form and the Prograrn Agreement are required to be submitted each funded fiscal year in which, the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participationi EnroHrnerit Forms and Prograrn Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Enrollments" tab. 678 PBA Captains — 10/01/2022 — 09/30/2025 2, Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility oil the "Enrollments" tab, 3,. Human Resources will notify employees in writing of their participation approval or denial. if an employee is denied, the reason for the denial wwrilll be included. c. A separate Tuition Assistance Program ReirribursernentApplication is required to be submitted for a; he course, for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required docurnentation is required 'to be submitted with each ReirnbUrsement Application. The submission of a Reirnburserneint Application does not guarantee reimbursement, d. Completed Reimbursement Applications w'ith required clocurnentation Must be submitted via electronic mail to: hrL@bbfl.us with the subject line: Tuition Assistance Program. 1, Hurnan Resources will assign each Reimbursenient Application a tracking number based upon date and brine of receipt: TAP-YYYY-MM-DD-###, wherein TAP rneans Tuition Assistance Program, YYYY means calendar year, MM means calendar month, DID, means calendar day, and ### indicates the number of the request received on the specified date. For exafniple, the first request received on October 1, 2017 would be assigned the tracking number: TAP -2017-10- 1-001. 2. Hurnall Resources will review Reirnbursernent Applications in the order in which they are received, Incomplete Reimbursement Applications or Reirnburseaient Applications submitted without required documentation will be returned via electronic mail: to the employee, who will need to, resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reirnbursenlent. A new tracking number will then, be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Hurnan Resources will separately log each Course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Applications" tab, L Human Resources will reconfirrn, an employee's eligibility. Tile course Final Grade, Credit HOUrs, and Book(s) Cost will be logged on the "Applications" tab. H. Human Resources, will log the eligible reimbursement arTIOUnts for credit hours and textbook(s) and will calculate a total eligible reimbursement anlount. e. Reimbursement Processing will begin for the Reimbursement Period One folllowing the January 3 1" deadline, for Submitting Reimbursement Applications. i. Human Resources will sort cornpleted eligible Reimbursement Applications by Tracking Number order and reconfirm, an ernployee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab, up to the Maximum, Per Person Allowable Reim bUrsernent Amount (see 679 PBA Captains — 10/01/202Z — 09/30/2025 Addendum for these Arriounts). This process will be repeated for each eligible Reimbursement Application until the Prograrn Budget Balance for Reirnbursernen't Period One has been diepleted. iii. Human Resources will complete a 1.21 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance, iv. Finance will process alll approved Period One ReinibUrsernents in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, human Resources will add this remaining balance to the beginning Program Budget Balance for Period Two ReimbUrsernents. f, 116mbUrsement Processing will begin for the Reimbursement Period Two following the August 31" deadline for submitting IReirmburserment Applications. L Hurnain Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirman emplloyee's eligibility. in. Hurnan Resources will log each eligible Reimbursement. Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reinibursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Arnounts). This process, will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period! Two has been depletedl, HE If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One, Reimbursement Applications that were eligible but not reirnbursed due to that period's allocated budget limitations, iv, Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals, and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September, V2 680 PBA Captalms —101a1,/2r 22 09/30/2aZ5 Time Addendum-, Tuition Assistance Program Current ReimM M"I - I D IJY p,11l I.S FOR FISCAL YEAR REIMBURSMENT: October 1, 20122 — Se ptem be r 30, 2024 Apphcations, will be considered on, a roiling ba,sis, for enrollment in courses in which classes began on or after August V' of each, year. In order to be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30") day following the last clate, of: the terrn/session for the course(s) for which reimbursement is being requested, In, no case will reinibursernents be processed outside of the fiscal year, ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS. - Copies of original receipts are required for reimbursement, Failure to provide proper documentation will result in ineliSibility fore reimbursernerit. Tuition and.Fees: (maximum P��crt4�t.hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114-04 85,53 $ 57.02 Bachelor Degree Course. $1791.901 $134,93 $ 89.95 Graduate Degree Course: $ 6.77 $252,58 $168,39 Etguired Course Textbook�5j: (maxirnurn reirnbursernent per Course, based on course grade) Final Course Grade: A B C Per Course: $150.00, $112.50 $ 75.00 No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement arnount based on degree: 0 Associate Degree: $1,368.48 0, Bachelor Degree: $2,158.80 0 Graduate Degree: $4,041.24 No ernployee will receive more than, $600.00 for textbook r6mbursernent per funded fiscal year. 73 681 PBA Captains — 10/01/2022 — 09/30`/2.o�25 �Ilrtlkl 20123, by and between the respective Parties Agreed tothis day of _"61 " 6 1 �, . ' ' I �... through the authorized re nese tatives of the PBA and the City. Witness '7 Witness AND CORR,ETHE ;,M 67 4", City Attorney E Date ' ? 4 PALM B COUNTY lim By: — John I zanjian, �eNent By .............. .... ....... Katie, M�entdoza, �LegalCo nsel F-11 310 Daite 682 6.P Consent Agenda 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Commission Meeting Minutes. Requested Action: Approve minutes from the April 2nd, 2024, May 7, 2024, and May 21, 2024 Commission Meetings. Explanation of Request: The City Commission met on April 16, 2024, May 7, 2024, and May 21, 2024 and minutes were prepared from the notes taken at the meetings. 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: 04-16-2024 City Commission Minutes.docx 05-07-2024 City Commission Minutes.docx 05-21-2024 City Commission Minutes.docx 683 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 16, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Aimee Kelley Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin- ABSENT 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. The Invocation was given by Pastor Bryce Hutson. Pledge of Allegiance to the Flag led by Mayor Penserga. Mayor Penserga led the Pledge of Allegiance. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Hay added the Mental Health Awareness Proclamation to the agenda. Mayor Penserga added a Legislative Break discuss under New Business. He requested to remove the Beautification Plan from Future Agenda and add it to the next meeting. He asked to add a discussion regarding sidewalk clean up to the next meeting as well. He requested to add the following discussion topics to Future Agenda items: chemicals in the water, and procurement policies and procedures. Commissioner Cruz stated that there is a presentation today regarding local preferences, and that the legal team is updating the entire procurement process. City Manager Dugger confirmed that they have been working on the procurement process in Finance. 684 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Cruz said that she would like to table the local business presentation and have a discussion at a later time. She stated that once we look at the procurement process, she wants to have adequate time to review the large documents. City Attorney Lamb stated that their goal is to codify just the procurement code. Mayor Penserga added a request for the safety and security report to be sent to the Commission. He also requested an update on the settlement funds on Town Square and ARPA funding. City Manager Dugger suggested combining the funding topics with Item 13F since they are related. City Manager Dugger asked if these two items can be combined into #13F. Mayor Penserga said that he wants a more in-depth overview of the funding. Commissioner Kelley asked for the deadline for ARPA funds. Ms. Frederiksen stated that they have to be allocated by December 2024 and used by December 2026. Commissioner Hay stated that the homelessness mandate topic is on the agenda for May 7t", and he wants to make sure that the new law is followed. City Manager Dugger said that we have until October 2024 until the mandate takes place. Vice Mayor Kelley asked if a workshop date has been set yet for the strategic plan. City Manager Dugger stated that he understood that they wanted to have public input, make any changes and come back to the dais with changes. Commissioner Cruz requested an update for the Golfview Harbor paving to be sent to her. City Manager Dugger stated that he will send an email update. 2. Adoption Pi Pit M., Vice Mayor Kelley moved to approve the agenda, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. 4 685 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz said that they attended the volunteer banquet and thanked staff and said it was beautiful. Commissioner Hay said that the went to the homeless banquet and it was a success and well attended. Mayor Penserga recognized a City Employee, Melanie Gayahpersad, for all that she does in events. City Manager Dugger stated that Melanie has helped out with a lot of things, and she definitely is not a 9-5 employee. 3. Announcements, Community and Special Events and Presentations A. Announcement- Senior Health Fair. Mayor Penserga announced the Senior Health Fair. B. Announcement- Mother's Day luncheon. Mayor Penserga announced the Mother's Day luncheon. C. Announcement- the Adaptive Pickleball Clinic Mayor Penserga announced the Adaptive Pickleball Clinic. D. Proclamation- Child Abuse Prevention Month. Mayor Penserga read the proclamation into the record. Ms. Kemberly Bush, CEO for Pathways to Prosperity, Inc., and Hallie Balbuena, Site Director for Bridges at Boynton Beach, accepted the proclamation. Ms. Bush stated that they are honored to accept this proclamation. She spoke about the schools that they are partnering with to bring attention to the problem with Child Abuse. A short video was shown. ADDED- Proclamation- Mental Health Awareness Month. Commissioner Hay read the proclamation into the record. 3 686 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Gerda Klein, Boynton Beach Mental Health Committee, accepted the proclamation and thanked them for their continued support. She read a history on "Get your Green on Day," which is on May 16. She spoke about a few other events that they will be having in May, and training opportunities. E. Legislative Update by Senator Lori Berman and Representative Joe Casello. Senator Lori Berman spoke about the following: the Legislation was successful in passing a balanced budget; 3 projects for Boynton Beach passed so far; Live Healthy bill; preemption to take away home rule; vacation rental properties; homeless bill- April 29th workshop at 9 AM at PBSC the PBC Homeless Task Force; and the renaming of State Road A1A to Jimmy Buffet Highway. She added that she is happy to represent the City. Commissioner Cruz said that it is important for the residents to hear the updates from Legislation and noted that we have no control over some things. Vice Mayor Kelley agreed with Commissioner Cruz and said that she appreciates Senator Berman for fighting for the cities, especially for Home Rule. Senator Berman said that each municipality is unique, and we lose sight of that when we start doing preemption. Commissioner Hay thanked her for coming. He asked if other cities are pushing back on the homeless bill, and if there is support anywhere. Senator Berman said that there is support in Palm Beach County, which is why that meeting is scheduled. She mentioned that Broward County has expressed concern. She mentioned that the League of Cities is going to have to take charge with this issue. She said arresting people experiencing homelessness is not the way to address this issue. Mayor Penserga thanked Senator Berman for her hard work. He asked about the rationale behind preemption of workers. Senator Berman said that their argument should be the same for every builder, so that they do not have to know what the individual rule is for each municipality. She stated that it was disturbing to see that this legislation passed. 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 4 687 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 of business coming before the City Commission) Susan Oyer said that one EV charger out front is broken. She spoke about the Arts Program, and its history with kinetic art. She stated that there is a downward spiral for the Arts Program, and it needs to stop. She mentioned that she repeatedly advocated for the hiring of a Public Arts Director, and that there needs to be more support for kinetic art. Eric Pardy spoke about the Black Lives Matter flag as an organization that burns down cities and attacks Police Officers, and brainwashes the kids in schools. He said that the flag if offensive, and he cannot believe that there is still racism in today's day in age. David Merker spoke about mental health being personal. He said that we need to come together to make sure we have our health. He suggested that they need to constantly promote mental health. Cindy Falco De Corrado spoke about the LGBTQ flag on the road and promoting pedophiles. Harry Woodworth spoke about the strategic plan and getting it on the agenda before the budget. Janet Thompson asked why the City is trying to annex West Boynton and why is the water going out west, because now the water quality is bad. She said that the Mayor is running for County Commissioner, where the water is supposed to go out to. She said that they serve the public and they need to remember that. Mayor Penserga stated that is no one online and closed public comments. 5. Administrative A. Proposed Resolution No. R24-078- Establishing an auditor selection committee, appointing the members, and designating a member of the City Commission to serve as the Committee Chair as required by section 218.391, Florida Statutes. Ms. Frederiksen spoke about the Florida Statute that has been updated, and noted that this would establish a committee. Mayor Penserga asked about the commitment level. Ms. Frederiksen spoke about the RFP going out in June or July, and what they would be doing. She said it would take 1-2 meetings. Motion: Mayor Penserga nominated himself to the auditor selection committee and approve 5 688 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Resolution No. R24-078. Commissioner Hay seconded the motion. The motion passed 3-0, Commissioner Cruz was absent from the dais during voting. B. Community Support Funds. Motion: Commissioner Cruz moved to approve the Community Support Funds from Commissioner Cruz, as requested. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R24-079- Declaring a .012 -acre portion of the property located at 3501 N. Congress Avenue surplus and approving and authorizing the Mayor to sign a Warranty Deed conveying the right-of-way corner clip for intersection improvements at Congress Avenue and Miner Road within the City of Boynton Beach from the City to Palm Beach County. B. Proposed Resolution No. R24-080- Approving an agreement with Plotbox, Inc., for cemetery mapping and record keeping software in an amount not to exceed $76,512. C. Proposed Resolution No. R24-081- Approve and authorize the City Manager to sign the Easement Agreement between 51 Hypoluxo, LLC, ("Grantor") and the City of Boynton Beach ("Grantee") for construction, operational repair, maintenance, and future replacement of a sanitary sewer lift station and underground wastewater infrastructure. D. Proposed Resolution No. R24-082- Approving Releases of Claim and Indemnification Agreements totaling $200,000 in the matter of Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Case No. 50-2023-CA-003474-XXXX-MB. E. Proposed Resolution No. R24-083- Approving a Partial Release of Mortgage for 104 East Gateway Boulevard, Boynton Beach, Florida 33435. F. Approve renewal report for one-year extension for RFPs/RFQs/Bids and/or Piggyback for the procurement services and/or commodities under $100,000 as described in the written report for April 16, 2024 - " Request for Extensions and/or Piggybacks." Motion: 689 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Hay moved to approve the consent agenda. Commissioner Cruz seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-084- Approving a change order to purchase order #240517 with Govern mentjobs.com, Inc., increasing the total purchase order to an amount not to exceed $172,000, for a human resources software subscription. B. Proposed Resolution No. R24-085- Approve and Authorize the City Manager to execute a First Amendment and Consent to Assignment of Town Square / City Facilities Maintenance Services Agreement in order to remove HVAC maintenance and Electrical Systems Maintenance from the agreement and assign the current Agreement with ABM Building Solutions, LLC, to AMB Industry Groups, LLC, in accordance with Article 15 of the Agreement. Commissioner Cruz requested to pull Item 7A. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000, as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 7A. Proposed Resolution No. R24-084- Approving a change order to purchase order #240517 with Governmentjobs.com, Inc., increasing the total purchase order to an amount not to exceed $172,000, for a human resources software subscription. Ms. Lynn Nazario, Human Resources Director, spoke about what they currently use for an HR System and how this module would help out in the City. She said that we are adding to the bill that they pay to NeoGov. Commissioner Cruz said that this will add a lot of training and other items. She said that she just wanted to congratulate staff. Motion: Commissioner Cruz moved to approve Resolution No. R24-084. Commissioner Hay seconded the motion. The motion passed 3-0. Vice Mayor Kelley was absent from the dais during voting. 8. Public Hearing 7 690 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 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. City Clerk De Jesus sworn in those intending to speak on Items 8A -8E. Commissioner Hay said regarding Items 8A -D that he has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said regarding Items 8A -C that he has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Vice Mayor Kelley said regarding Items 8A -D that she has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz said regarding Items 8A -D that she has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Clerk De Jesus read all item titles into the record. A. Proposed Ordinance No. 24-007- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, by changing the future land use classification from local retail commercial (LRC) to high density residential (HDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Proposed Ordinance No. 24-008- Second Reading - An Ordinance of the City 8 691 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, from community commercial (C-3) to infill planned unit development (IPUD); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Craig Pinder, Senior Planner, provided a quick overview of the items. Mayor Penserga opened to Public Comment, there was none. Motion: Commissioner Cruz moved to approve Ordinance No. 24-007, on Second Reading. Vice Mayor Kelley seconded the motion. In a roll call vote, the motion passed unanimously. Motion: Commissioner Hay moved to approve Ordinance No. 24-008, on Second Reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. B. Approve Development Order for a Community Design Appeal (CDPA 2024.02.16905) for Potter Townhomes of Part III, Chapter 4, Article III, Section 3.H. "Downspouts," requiring external downspouts to be enclosed within the building structure. Motion: Commissioner Hay moved to approve CDPA 2024.02.16905. Commissioner Cruz seconded the motion. The motion passed unanimously. C. Approve Development Order for Variance 2024.02.16905 for Part III, Chapter 4, Article II, Section 4.B.3.c- Urban Landscape Buffer (Type 2), to grant a variance of seven (7) feet from the required twelve (12) foot buffer, to allow for a five (5) foot wide landscape buffer and the elimination of the requirement to provide a six (6) foot high masonry wall for the Potter Townhomes project. Vice Mayor Kelley moved to approve Variance 2024.02.16905. Commissioner Cruz seconded the motion. The motion passed unanimously. .01 692 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 D. Approve Development Order for New Master Plan and New Site Plan (NMP, NWSP-2023.06.12894) for Potter Townhomes to construct 8 townhome units, amenities, and associated site improvements on a 0.587 -acre site, located at 2508 N Federal Highway. Motion: Commissioner Hay moved to approve NMP, NWSP- 2023.06.12894. Vice Mayor Kelley seconded the motion. The motion passed unanimously. E. Proposed Ordinance No. 24-011- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 3, "Zoning," Article III. "Zoning Districts and Overlay Zones," Section 8(c)(7)(c) "Fenestration Requirements" of the land development regulations, providing for conflicts, severability, codification, and an effective date. Commissioner Cruz said regarding Items 8E that she has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Kelley said regarding Items 8E that she has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said regarding Items 8E that he has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8E that he has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. City Clerk De Jesus read the item into the record. Ms. Amanda Radigan, Planning Department, spoke about the following: summary of 10 693 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 amendments; Cultural District Overlay; Amended Requirements; diagram of buildings; and conclusion. Commissioner Kelley asked if this is just a cleanup in downtown. Ms. Radigan said yes. Mayor Penserga opened public comment. Susan Oyer stated that there was a story in the news this week about birds dying because of glazing on windows during migration. She asked for this to be postponed so that they can do more research on this. Mayor Penserga noted that this is first reading, so it will come back. Motion: Vice Mayor Kelley moved to approve Ordinance No 24-011, on First Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business A. Consideration of proposed Unity Project Murals. Craig Clark, Director of Arts and Culture, spoke about the history regarding the Unity Project Mural Artist Final Proposal. Kelley Armstead, Arts and Cultural Manager, spoke about the following: Unity Mural Project walls; Art Advisory Board- requested changes; Craig McInnis updated mural; Eduardo Mendieta Mural; and community comments. She stated that staff recommends approval. Mr. Clark stated that there were 12 Unity Project meetings and a few in regard to the murals. Commissioner Hay stated that he likes the idea of having the ordinances buried in the picture. He said that he is glad to see us at this point, so that we can move forward. Vice Mayor Kelley commented that she thinks that the artwork placement is great. She thanked the artists for being flexible and embracing the City. 694 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Cruz thanked staff for working on this, and she wanted to ask that the hands of the middle child not be bigger than the other kids, because that was the feedback from the community. City Manager Dugger stated that there was a lot of work provided by the staff and he appreciates all the hard work. Mayor Penserga opened public comment. There was none. Commissioner Hay commended Commissioner Cruz's observation of the hand size of in the middle child and to make sure that it is the same size. City Attorney Lamb suggested a comment from the artist. Eduardo Mendieta, artist, explained why the child's hand looks like that and said that he will try to adjust it without it looking weird. Commissioner Cruz asked the artist to share the reference photograph with Commissioner Hay. Motion: Commissioner Hay moved to approve the proposed Unity Project Murals, with a condition of approval to adjust the size of the hands of the middle child. Commissioner Cruz seconded the motion. The motion passed unanimously. 11. New Business A. Discuss options for the Central Parcel of the Town Square Master Plan. Ms. Radigan spoke about the following regarding the Town Square Central Parcel; phase 4 central parcel map; town square central parcel Boynton Town Square development site; request for proposal (RFP) process; development options; option 1- sell the property; apartment land sale comparable; hotel land sale comparable; option 2- land (ground) lease; option 3- own, build, operate; option 4- hybrid; pros and cons; and town square central parcel. She mentioned that waiting is also an option. Mayor Penserga thanked her for the presentation, and said that this item is just informational, and we are not making any decisions. Commissioner Cruz commented that the timeline relative to the Town Square construction is important. She mentioned that there were desires to have a hotel downtown and that she would like to have it in this spot. She said that we should focus on maintaining the land and proposed a protective covenant as hotel only, so that it can 12 695 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 only be a hotel in the future. She stated that this is more of a long-term goal. Ms. Radigan stated that they can do a market study regarding having a hotel there now. She said that since the City is a landowner within the master plan, they can make a stipulation on what can happen in that space. Commissioner Cruz said that maintaining this as a City property will provide a good opportunity to incentivize a developer to build a hotel. Vice Mayor Kelley stated that they do not know the key factors because we do not have answers to the things that may influence decision-making. She said that as much as she wants to embrace the vision of a hotel, we do not know what the future will require for us. She commented that we should continue to move forward with the other components, and it will guide what we do with this parcel. Commissioner Hay stated that parking is still a challenge, we have been talking about a hotel, and he is not sure about us being landlords. He said that he likes the idea of continuous revenue source and a hybrid approach. B. Local Business Preference Overview Presentation Ms. Kristeena Pinto, Purchasing, spoke about the following: Local Preference; 2024 - business within the city limits; and options for improvement and challenges. Commissioner Cruz said that we have a great starting point, and we should continue to work towards additional opportunities for local businesses. She wants to keep this on Future Agenda Item so that they can make it part of the procurement policy. C. Proposed Ordinance No. 24-009- First Reading, An Ordinance of the City of Boynton Beach, Florida Amending Part II, Chapter 18, Article IV, "Pensions for Firefighters" of the City Code of Ordinances; by Amending Sections 18-180.2 and 18-194 to create a 2.8% COLA for Firefighters who complete eight years of drop participation to be funded with a 6% employee pick-up contribution during drop participation; amending section 18-180.2 to delay the 2% cola for disability retirees until five years following the date that would have been the disability retiree's normal retirement date; and amending Section 18-182 to lower the service -connected disability payment from 66 2/3% to 60% for disability retirement after the effective date; providing for severability. City Clerk De Jesus read the item into the record. Georgio Salame, Local 1899 President, provided a brief overview of the changes. He gave a history lesson on the Chapter and stated that they were able to receive revenue from the state in regard to access tax. He further explained that the plan is 100% funded 13 696 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 between the state tax money and the employees. He spoke about the disability that will lower the liability on the City. Vice Mayor Kelley asked for clarification about the funds. Mr. Salame explained the change request and the increase in benefits. Vice Mayor Kelley asked if the $175 is not in excess. Mr. Salame said that in 2021 they were at a loss, but they have been putting money in reserves, so there has been no cost from the City. He stated that the actuary noted that they are expecting an increase each year. Vice Mayor Kelley spoke about her concern. Mr. Salame said that they are trying to be fiscally responsible so that they can continue to fund this. Commissioner Cruz said that her questions were answered. Mayor Penserga opened public comment, there was none. Motion: Commissioner Cruz moved to approve Ordinance No 24-009, on First Reading. Vice Mayor Kelley seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 24-010- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section 14.6 of the Code of Ordinances declaring purpose and intent, authorizing placement and installation of a school zone speed detection system, providing for implementation of general law by the City Manager and designation of local hearing officer; making findings regarding relevant traffic data and evidence warranting additional enforcement procedures and designating school zone speed detection system locations, which constitute a heightened safety risk; providing for conflicts, severability, codification, and an effective date. City Clerk De Jesus read the item into the record. Chief DeGiulio provided an overview on the House Bill 657, which allows the Police to add cameras in school zones. He said that we have 9 school zones and that it would be 2 times a day, and this will help clear our resources. Commissioner Hay asked what the violation fines might be. 14 697 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Chief DeGiulio said that the notice of violation would be $100, and he broke down where the funds would be going. Commissioner Hay asked what would happen if some violators were our own employees. Chief DeGiulio said that the operator of the vehicle is responsible for the violation, unless it is an emergency vehicle and it is justified. Mayor Penserga asked if the hours of operation would be during school hours. Chief DeGiulio said yes, and the cameras will always be recording because it is a live view camera, but it will not do any enforcement. Vice Mayor Kelley said that there are a lot of violations during school zones, and any way that we can protect children and other people is great. She asked if there are points against the driver. Chief DeGiulio said that there are no points assessed. Vice Mayor Kelley asked if there are any municipalities with the cameras in place. Chief DeGiulio said that there are currently no cities operating them, but a few passed the ordinance to have them installed. Vice Mayor Kelley asked what the process would be, what the timeline is. Chief DeGiulio said that the next step would be a selection of the vendor. Commissioner Cruz applauded the Police for implementing this. She spoke about line 131 and asked for clarification. City Attorney Lamb explained the two different parts. Chief DeGiulio said that it does not have to be a sworn Police Officer. City Attorney Lamb Shawna explained what line 131-133 means, regarding procurement of different vendors for different parts of this. Commissioner Cruz asked if this could be seen as circumventing the RFP process. City Attorney Lamb responded no and reviewed the different parts of the program that could require different vendors. 15 698 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Commissioner Cruz stated that because this is a new program, she would like to make sure that the City uses an appropriate and competitive process to procure the new services, following the parameters of best in price, best services for the City, as well as experience. She asked for support to strike out line 131, to allow for an RFP process. She stated that the language in this appears to be that administration is one thing and procurement is another. City Attorney Lamb stressed that they cannot subvert state law, and this allows them to get multiple vendors, and the Commission would still need to approve any final agreement. She spoke about lines 134 and 135, which require RFPs. She mentioned that it might be best to open up an RFP with regard to all of the vendors at one time. She spoke about the software being the same as the one used for Red Light Cameras. Commissioner Cruz reiterated her concerns. She asked to amend lines 131-135. Mayor Penserga asked if her attempt is to make sure that there is an RFP process. Commissioner Cruz said yes and explained why, referencing the City of Plantation. She stated that she would like a fair and transparent RFP process. Mayor Penserga asked if the language in the document allows for an RFP process. City Attorney Lamb stated that it allows for the City to competitively procure this, whether the City does it or piggybacks on another entity. She said that she will follow what the Commission would like, but she would caution limiting this. Commissioner Cruz said that this does not satisfy her concern, she reiterated that it leaves the ambiguity which is the whole purpose of her concern. She stated that when we are looking at a new program, we are starting from scratch, and not being specific of requesting an RFP would be concerning for her. Mayor Penserga asked if the clarified amendment would prohibit other methods of procurement. City Attorney Lamb said that she is hearing that this "must" be an RFP. Commissioner Cruz said correct, that we should provide for an opportunity for anyone to be able to bid on this, and she further explained entering into an agreement with multiple vendors. Mayor Penserga said that he will second the motion Commissioner Cruz wants to make. Vice Mayor Kelley said that she is hesitating because this is a law that we are putting in place, and if we put this condition, not only are we incurring a cost to do the RFP, but we 16 699 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 are setting ourselves up for failure. She stated that we have tried to minimize staff time to make the City more efficient, and we are doing ourselves a disservice by requiring going to RFP every time. She mentioned that she does not support the change. Mayor Penserga asked if we were to have an RFP, would that preclude our current vendor from applying. City Attorney Lamb responded no. She stated that a piggyback would have gone through an RFP process. Commissioner Cruz reiterated that as we are discussing this, we are creating a new program in response to a Florida law that just passed, and this has never been done before. She further explained her concern, that new services need to be fairly and competitively procured through the RFP process. Commissioner Hay stated that he does not see this being a huge new project and it is something that does fall within our red-light camera company. He said that when there are too many people doing similar tasks, there will be finger pointing. He mentioned that it is worth avoiding any additional costs to the City, and that he does not support her requested change at the point. Commissioner Cruz asked to delete lines 131-134, and that when it is a new program, that it goes through the RFP process. She reiterated her thoughts and position further to Commissioner Hay. Motion: Commissioner Cruz moved to amend the ordinance to delete lines 131-134, and that any new programs that are being implemented that it is opened up to a fair and competitive RFP process. Mayor Penserga seconded the motion. The motion failed, 2-2, with Vice Mayor Kelley and Commissioner Hay dissenting. di r-1 ff.", Vice Mayor Kelley moved to approve Ordinance No 24-010, on First Reading, as presented. Commissioner Hay seconded the motion. In a roll call vote, the motion passed 3-1, with Commissioner Cruz dissenting. Mayor Penserga thanked everyone for being professional. E. Discussion regarding Legislative Break This item was added. 17 700 City Commission Meeting Minutes Boynton Beach, FL April 16, 2024 Mayor Penserga said that he will not be present for the first three weeks of June due to attendance at a leadership program. Vice Mayor Kelley said that the main focus was on July, but noted that she will not be here for the first two meetings in June, so there might only be 3 people. Mayor Penserga recommended cancelling the first meeting in June. Mayor Penserga opened public comment, there was none. Motion: Vice Mayor Kelley moved to cancel the June 4t" City Commission Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. 12. Legal - None 13. Future Agenda Items A. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - May 7, 2024 B. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD C. Discussion regarding combining City properties together to create senior affordable housing . - TBD D. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD E. Discussion regarding a waiver process and criteria for workforce housing projects. -TBD F. Discussion regarding infrastructure, specifically paving in the City. - TBD G. Proposed Resolution No. R24-056- Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach. H. Discussion regarding Restrictive Covenant for Harvey Oyer Park — TBD I. Overview and discussion regarding beautification plan. - TBD 18 701 City Commission Meeting Minutes Boynton Beach, FL 14. Adjournment April 16, 2024 Mayor Penserga said that he cannot say no to the Leadership program, and our budget allows for conferences, but it might take up most of their budget. He asked the other Commissioners to consider whether they may need to access the funding. City Manager Dugger said they could find the funding to support Mayor Penserga's opportunity. Commissioner Cruz supports the request. Motion: Vice Mayor Kelley 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 8:51 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 19 702 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, May 7, 2024, 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 Mayor Penserga called the meeting to order at 6:27 P.M. Roll Call Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Vice Mayor Aimee Kelley. The Pledge of Allegiance was led by Commissioner Hay. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Cruz stated that she would not be reading the National Day of Prayer proclamation today and as was able to present it to the recipient prior to the meeting. Vice Mayor Kelley asked to add a conversation about Sister Cities, particularly a consideration of a city from Ireland, to future agenda. Commissioner Hay requested to add a discussion about additional digital marquees in the City to future agenda. City Manager Dugger asked if this is in additional to what currently exists. 703 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 Commissioner Hay confirmed and recommended four additional areas he would like to see them located. City Manager Dugger suggested South Congress as the fourth location. Commissioner Turkin asked if staff could do a permitting presentation for seniors and make the permits more accessible, so that the residents can understand that these fees are not from us, but the contractors. He requested a mangrove presentation be added to the future agenda. He said that he is concerned about the dry season and residents getting cited for dry grass, and that he wants to make sure we are reasonable. Assistant City Manager Temple stated that he has heard similar concerns, and he said that they will discuss options with staff. Mayor Penserga asked for clarification about the mangrove presentation. Commissioner Turkin spoke about the conceptual presentation that he has seen. Mayor Penserga said that he has a series of requests including: an update on the Arts in Public Places Program; discussion on marquee entryway signs into the City; adding an Adopt A Road Program to future agenda; discussion regarding a rapid rehousing program; and a formalized tree planting program for our medians. Vice Mayor Kelley stated that she has been working with Deputy City Manager Mack on Lawrence Road and said that it would be nice to have trees on Hypoluxo Road. Commissioner Hay stated that Omega Psi Phi Fraternity has adopted a street on MLK Boulevard. Mayor Penserga added that the Rally Boynton, a community lead organization, has always started City cleanup. Commissioner Cruz requested to add the following to future agenda: amendments to code of ordinances regarding flooding in the community; and adding hazard pay for Code Officers to the budget. City Manager Dugger stated that hazard pay is likely set by City ordinance, and they would have to change that. Commissioner Turkin agreed with Commissioner Cruz on hazard pay. 2. Adoption Motion: I 704 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 Commissioner Turkin moved to approve the agenda as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Turkin shared his positive experience attending the Unity Project event, emphasizing the remarkable turnout and expressing gratitude to all the staff involved. He also highlighted the success of the fishing event, thanking the staff for their contributions to its organization. He extended appreciation for the efforts of staff in facilitating various town hall meetings, and specifically thanked Commissioner Hay for his presence at these events. Commissioner Hay expressed his gratitude for the opportunity to participate in both Commissioner Turkin's town hall meeting and the one for District 2, acknowledging the City's involvement and presentation. He highlighted his attendance at the First Friday event, noting its impressive turnout. He mentioned that he found the chili contest particularly engaging and took a moment to extend congratulations to the deserving winner. Vice Mayor Kelley thanked staff for the Unity Project. Commissioner Cruz gave a shout out to the Firefighters for the chili contest. 3. Announcements, Community and Special Events and Presentations A. Proclamation- National Day of Prayer The proclamation was not presented, as noted earlier by Commissioner Cruz. B. Proclamation- Haitian Flag Day and Haitian Heritage Month. Commissioner Hay read the proclamation into the record. Marie Michele Sylvie Rameau thanked the City for the proclamation and for their commitment to their community. She said that she looks forward to working together with Boynton Beach. Gabriella Favitta, Events Director, announced the Haitian Flag Day event that will be taking place. 3 705 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 C. Announcement - Pre -hurricane prep and vegetation amnesty week. Mayor Penserga announced the pre -hurricane prep and vegetation amnesty week. D. Palm Beach County Community Services Department Presentation. Dr. James Green, Director Palm Beach County Community Services Department presented the following: Community Services Department (Divisions and Programs); Senior and Veteran Services Division; Behavioral Health and HIV Support Services Division; Human Services and Community Action Division; Palm Beach County's Efforts to End Homelessness; Melissa's Place Lake Village at the Glades; PIT Count - Unsheltered vs Sheltered; PBC 2023 Point in time unsheltered count by zip code; PBC Community Services- Geographic; PBC Community Services- Demographics for applicants; Important number; and questions. Mayor Penserga stated that they probably should have hosted a workshop instead. He asked if Dr. Greene could stay and hear the next agenda item as well. He inquired if the services stop at the end of the County limit and the beginning the City lines or continue regardless of jurisdictions. Dr. Greene replied that their services are within municipalities as well as unincorporated Palm Beach County. Commissioner Cruz commented regarding the mandates from Tallahassee because it is concerning. City Attorney Lamb explained what new legislation Commissioner Cruz is referring to, which is designating areas and sites with clean services and security for the homeless populations, under the County chapter. Dr. Greene spoke about the municipalities working through the County to designate areas. Commissioner Cruz thanked Dr. Greene for his presentation, noting the challenges and need for increased funding. Vice Mayor Kelley asked City Manager Dugger whether we have a person from the County on site throughout the week. City Manager Dugger said yes. Vice Mayor Kelley asked what the County is doing with the school district regarding homeless children/families. 4 706 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 Dr. Greene addressed the ongoing challenges stemming from the reduction of resources post-COVID, highlighting the persistent need for support. He discussed the issue of homelessness, citing the significant number of individuals receiving services from the school—several hundred—contrasted with the nearly 5,000 students who meet the school's qualification criteria. He emphasized the importance of the partnership with the school district in addressing these pressing concerns. Mayor Penserga commented about the rapid rehousing program, and wanted to make sure that we are coordinating with the County to work together. Commissioner Hay referenced the recently passed House Bill and asked whether it was intended as a means of addressing the issue at hand. Dr. Greene spoke about the efforts that they are coming up with, and they are expecting a ruling on this issue in late June. He said that they are working with their partners on a solution. Commissioner Hay acknowledged the challenge of encouraging homeless individuals with mental health issues to seek assistance and inquired whether this issue was also a concern, in the context of the current situation. Dr. Greene affirmed Commissioner Hay's observation and mentioned the existing protocols that must be adhered to. He elaborated on the initiatives being pursued within the County, highlighting the option for homeless individuals to receive assistance, not only within shelters, but also out on the streets. Commissioner Turkin said that he looks forward to working with the County, since he is on the board with the County. E. Hear presentation regarding existing regional programs and best practices to combat homelessness in the City. RJ Ramirez, Community Improvement Manager, spoke about the following regarding Homeless Community in Boynton Beach Discussion as follows: Homeless classifications; PBC- 2023 Point -in -Time Homeless Population- in Boynton there's 63 unsheltered, and 24 sheltered; existing regional programs; exploring additional assistance in the City; and questions. Mayor Penserga asked if the funding can now only be for first, last, and security deposits. 9 707 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 Mr. Ramirez spoke about $10K funding awards and different housing costs. He spoke about being able to be self-sufficient and the importance of the County wraparound services. He spoke about not being able to help many individuals. Commissioner Hay asked why one zip code homeless population went up. Mr. Ramirez spoke about the CDC in that area and that homeless people usually go to the areas where they can find some help. Commissioner Hay asked how much SHIP funding can be used towards the homeless. Mr. Ramirez spoke about what SHIP allows and how he is working with the County. Commissioner Hay asked what the municipalities can do better to help our City and the County. Mr. Ramirez emphasized the critical need for resources and outlined a program available through the County. He advocated for the establishment of a Homeless Outreach Team (HOT team) that could provide assistance when issues arise with homeless individuals, ensuring they receive the necessary support. Commissioner Hay inquired about Boynton's standing in the County in terms of percentages. Mr. Ramirez responded by listing the municipalities with the highest populations, providing context for Boynton's position relative to others in the County. Dr. Greene said that he does not have the exact ranking, but we are not one of the top 5. He spoke about what the City could do to help with housing the homeless. Commissioner Hay said that people do not want these homeless developments to be built. Dr. Greene said that they are building the cottages where it will complement the area and bring up the property values. He said that they are dispelling the myth that this type of facility would bring down property values. Vice Mayor Kelley said that she understands Mr. Ramirez's frustration and asked what the community services division do as a City, to make sure we have a partnership in place, so that we can provide assistance. Dr. Greene underscored the importance of partnerships with municipalities, highlighting the ongoing provision of support. He discussed collaboration with local nonprofits already 6 708 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 engaged in assisting the community. Additionally, he emphasized efforts to work with the County to ensure affordable housing units are occupied by those in need, thus addressing housing insecurity. Vice Mayor Kelley expressed her enthusiasm for having a Homeless Outreach Team (HOT team) available. She discussed collaborating with faith -based organizations to provide assistance to the homeless population. She noted the absence of a daily food service location in Boynton Beach, highlighting an area of need within the community. Mayor Penserga stated that Delray Beach is doing a great job, and there are lessons to be learned. Commissioner Cruz said that she looks forward to a workshop. F. Plan overview by Lyle Sumek Associates, Inc. of the draft 2023-2028 Strategic Plan for the City of Boynton Beach. City Attorney Lamb asked that the public comments for this item be included in public audience. Lyle Sumek spoke about the following: strategic plan model for City of Boynton Beach; Boynton Beach Vision 2038; Boynton Beach Government Mission; and City of Boynton Beach Goals 2028. Commissioner Turkin stated that he initiated this discussion to gather additional public input. He noted that the numerous actions have already been undertaken and advocated for consolidating the plan. He highlighted engaging with residents on this matter and suggested using their feedback to establish a realistic timeline for staff. Commissioner Hay indicated his agreement with the discussion. Vice Mayor Kelley emphasized the importance of clearly outlining execution in the plan. She sought recommendations on what strategies have been effective and what has not been effective, suggesting that the steps for execution be included in the presentation slides. Commissioner Cruz expressed support for an execution -focused approach and suggested biannual updates with a monitoring component. Mr. Sumek proposed developing an action plan and advocated for a swift update for final adoption. 7 709 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 Mayor Penserga inquired whether the process should proceed individually or as a workshop. Mr. Sumek suggested individual meetings, aiming for implementation by next month, and outlined the process for bringing action steps back for approval. 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) Mack McCray began by acknowledging the common challenges faced by cities, noting Boynton Beach's stagnant progress despite the development of a strategic plan. He referenced a recent shooting incident in District 2 and expressed gratitude to the Police Department for increasing patrols in response. He addressed negative perceptions of the sanitation department, citing residents' habit of immediately replenishing bulk items after pickup. He also voiced concerns about residents feeling harassed by Code Enforcement, recounting his own experience of being fined due to cone stops. He advocated for the repaving of MLK Boulevard to address its current state of disrepair. David Merker highlighted that May 12 to May 18 marks National Police Week, providing a brief overview of its history. He urged for the acknowledgment and honoring of law enforcement officers during this time. Harry Woodworth expressed gratitude to the City for implementing the strategic plan, noting Lyle's assistance with his inquiries. He suggested conducting a SWOT analysis for thorough assessment, highlighting the absence of implementation details. He emphasized that beautification, often overlooked, represents the easiest opportunity for enhancement. Cindy Falco De Corrado raised concerns regarding her Freedom of Information Act (FOIA) requests, stating that her report contained falsehoods. She recounted an incident of being assaulted by the Police, describing it as a hate crime against her. She expressed frustration over previous speaking time limitations imposed during her podium appearances and alleged being subjected to physical abuse by the Board. She emphasized the withholding of information from her as further evidence of mistreatment. Katie Miller expressed her urgent need for assistance with the cemetery, describing its current state as terrible. She emphasized the necessity of cleaning up the area due to its unkempt appearance and overgrowth of weeds. Barbara Ready addressed the Florida Department of Transportation's downsizing of Boynton Beach Blvd., noting that it contradicts the findings of the City's mobility study. She highlighted the recognition that the City has received through various awards and stressed 710 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 the importance of public involvement in the implementation process. Cameron Maharaj voiced concerns about infrastructure issues in his neighborhood, particularly regarding road safety and incidents of road rage. He expressed fear for the safety of children in the community and asked for increased support to address these challenges and ensure the neighborhood's safety. Ernest Mignoli shared feeling unsafe attending City Commission Meetings, comparing the environment unfavorably to his experiences in a previously corrupt City. He claimed to have developed reliable sources within the City and expressed concerns about its governance. Commissioner Turkin shared a concerning incident involving Andy Troxwell, a resident and Veteran, who experienced stray bullets coming dangerously close to his head. He expressed gratitude to the Police for swiftly apprehending one of the individuals responsible. He stressed the importance of increasing routine Police presence and fostering partnerships with other agencies to enhance community safety. He expressed his willingness to collaborate closely with the Police Department to address such issues effectively. 5. Administrative A. Advisory Board Appointments. Motion: Vice Mayor Kelley moved to approve Mark Cone as a Regular Member of the Art Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Mayor Penserga moved to approve Thomas Ramiccio as a Regular Member of the CRA Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Vice Mayor Kelley moved to approve Sandra Watson as a Regular Member of the Senior Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. B. Community Support Funds Vice Mayor Kelley acknowledged Sheila Ross and her husband's involvement in the SEAR Foundation, recognizing their contributions to the community. 711 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 Sheila Ross expressed her appreciation for the opportunity to speak and focused on highlighting the positives within the community, emphasizing the importance of building upon those strengths. She also addressed the pressing need within the community to support the homeless population. Motion: Vice Kelley moved to approve the Community Support Funds from herself. Commissioner Hay seconded the motion. The motion passed unanimously... C. Community Support Funds. Motion: Commissioner Hay moved to approve the Community Support Funds to Pathways to Prosperity, from himself. Commissioner Turkin seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R24-086- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner, LLC, for the 2024 Boynton Beach July 4th event on Thursday, July 4, 2024. B. Proposed Resolution No. R24-087- Approving the Piggyback Agreement with SHI International Corp. for Cyber Security Cloud Protection Software, Solutions, and Support services in an amount not to exceed $72,000 per year. C. Proposed Resolution No. R24-088- Approve the purchase of two (2) 2024 Ford Maverick Hybrid pick-up trucks, for an estimated total amount of $57,540, plus a contingency of twenty-two percent (22%) for vehicle increases should these vehicles no longer be available and new models being delivered, by utilizing the pricing of Sourcewell Contract 2024 09152 -NAF, and ratify $3,085 of additional expenditures associated with purchase order #240473 for a 2023 Ford F-150 Truck. D. Proposed Resolution No. R24-089- Approve an Amendment to the Community Development Block Grant (CDBG) FY2022 and approve a transfer of $86,002.80 from Park Impact Fee Fund (141) to be expended on (110) CDBG Fund for field lighting improvements at Galaxy Park. E. Proposed Resolution No. 24-090- Approve and Authorize the City Manager to 10 712 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 execute the Interlocal Participation Agreement with National Purchasing Cooperative for Fire Safety Gear equipment and approve the purchase of 47 sets of Fire Safety Gear Equipment. F. Proposed Resolution No. R24-091- Authorizing the City Manager to apply for the Safe Streets for All Grant offered by the Department of Transportation, accept the grant, and execute all future documents associated with the grant that do not increase the City's financial responsibilities, subject to the approval of the City Attorney. G. Proposed Resolution No. R24-092- Ratifying the City's application for the Energy Efficiency and Conservation Block Grant offered by the Department of Energy, and authorizing the City Manager to accept the grant, and execute all future documents associated with the grant that do not increase the City's financial obligations, subject to the approval of the City Attorney. H. Proposed Resolution No. R24-093- Approve and authorize the Mayor to execute the Second Amendment to the Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc., extending the current lease twelve (12) additional months until July 31, 2025. I. Proposed Resolution No. R24-094- Approving and authorizing the City Manager to sign Interlocal Agreements between the City of Boynton Beach (City) and the Boynton Beach Community Redevelopment Agency (CRA) for the use of CRA -owned property for City Events on an as -needed basis in a form substantially similar to that attached as Exhibit A. J. Proposed Resolution No. R24-095- correcting a scrivener's error on Resolution No. R23-139 related to the increased appropriations in the Surtax Capital Fund (303). K. Proposed Resolution No. R24-096- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and First Baptist Church of Boynton Beach, for the 2024 Taste of Boynton Beach event on Thursday, May 16, 2024. L. Proposed Resolution No. R24-097- waiving a potential conflict of interest relating to GrayRobinson's representation of Town of Gulf Stream in regards to a bulk water agreement with the City of Boynton Beach. M. Proposed Resolution No. R24-098- Ratifying an EV Charging Station Agreement for Town Square North Parcel. N. Proposed Resolution No. R24-099- Approving and authorizing the Mayor to 11 713 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 sign the Easement and Maintenance Agreement (High Point Privacy Wall) with High Point West Condo Association No. 2, Inc. O. Commission Meeting Minutes. Commissioner Hay pulled item 6D. Motion: Commissioner Turkin moved to approve the consent agenda, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. 6D. Proposed Resolution No. R24-089- Approve an Amendment to the Community Development Block Grant (CDBG) FY2022 and approve a transfer of $86,002.80 from Park Impact Fee Fund (141) to be expended on (110) CDBG Fund for field lighting improvements at Galaxy Park. Mr. Ramirez addressed the Community Development Block Grant (CDBG), noting that there were funds remaining from 2022, due to challenges faced by the organization tasked with purchasing housing. He mentioned that there were leftover funds from another program as well. He elaborated on the reasons behind the surplus and outlined proposals for utilizing the remaining funds. Commissioner Hay said that he wanted to highlight this and thanked Mr. Ramirez for helping with these programs. Motion: Commissioner Hay moved to approve Resolution No. R24-089. Commissioner Turkin seconded the motion. The motion passed 4-0 (Vice Mayor Kelley was absent from the dais during voting). 7. Consent Bids and Purchases over $100,000 A. Approve the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities over $100,000 as described in Exhibit A for May 7, 2024 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R24-100- Approve and Authorize the City Manager to sign an agreement with Primestar Digital Network, Inc., to provide labor, equipment, and management services related to the videography and live - stream broadcasting of City Commission and CRA meetings and special events with an estimated annual cost of $200,000. Proposed Resolution No. 12 714 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 R24-101- Authorize the City Manager to sign an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for Public Meeting Support Services. C. Proposed Resolution No. R24-102- Approve Change Order No. 1 with Johnson -Davis Inc., for Lift Station No. 317 Emergency Repair at 1527 Boynton Beach Boulevard, for the additional Bypass Pump services, and increasing the payment amount, and Purchase Order, to an amount not to exceed $555,060, and approve the increase for Bid # 019-2821-19/IT "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" from annual amount of $2,000,000 to $4,000,000. Proposed Resolution No. R24-103- Approve the increase to Purchase Order # 231636 in the amount of $390,413.62 for Clean Harbors Environmental Services for Lift Station No. 356 Emergency Repair at Intracoastal Waterway East Boynton Beach Boulevard, for Emergency Divers needed to inspect the storm water pipe. D. Proposed Resolution No. R24-104- Approve a change order increase due to field conditions for resurfacing of Chapel Hill Blvd for PO 240458 with All County Paving, Inc., for $16,566.75 for a total amount of $212,845.15. E. Proposed Resolution No. R24-105- Approving the Second Amendment to Task Order No. UT -2A-02 for additional Environmental Services from Jacobs (formerly CH2M Hill Engineers) for the Generator Replacement project at the East Water Treatment Plant, approving a purchase order increase of $47,612 for a new total Purchase Order total amount not to exceed $173,508, and authorizing the City Manager to execute a limited term extension extending the time for completion of this Task Order through and including December 31, 2024. F. Proposed Resolution No. R24-106- Approve and authorize the City Manager to sign an Amendment to the Amended and Restated Advanced Metering Infrastructure (AMI) with Sensus USA for meter and equipment purchase and labor services for installing water meters. The annual contract cost is negotiated to be increased to $1,500,000. This amendment authorizes the City Manager to sign any ancillary document necessary to implement the amendment. G. Proposed Resolution No. R24-107- Awarding Bid No. UTL24-019 for the East Water Treatment Plant High Service Pumps 5 & 6 Improvement Project to Florida Design Drilling, LLC, and approving the Construction Contract with Florida Design Drilling, LLC, for an amount not to exceed $458,625. H. Proposed Resolution No. R24-108- Approve Amendment No. 1 to the 13 715 City Commission Meeting Minutes Boynton Beach, FL Motion: May 7, 2024 agreement with Mark43 to include data migration services from the legacy Motorola PremierOne RMS and the licensing for the OnScene Mobile application increasing the total contract from $2,051,217.99 to $2,293,717.99. Commissioner Turkin moved to approve the Consent Bids and Purchases over $100,000. Commissioner Hay 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. Proposed Ordinance No. 24-009- Second Reading, An Ordinance of the City of Boynton Beach, Florida Amending Part II, Chapter 18, Article IV(4), "Pensions for Firefighters" of the City Code of Ordinances; by Amending Sections 18-180.2 and 18-194 to create a 2.8% COLA for Firefighters who complete eight years of drop participation to be funded with a 6% employee pick-up contribution during drop participation; amending section 18-180.2 to delay the 2% cola for disability retirees until five years following the date that would have been the disability retiree's normal retirement date; and amending Section 18-182 to lower the service -connected disability payment from 66 2/3% to 60% for disability retirement after the effective date; providing for severability. City Clerk De Jesus read the title into the record. Georgio Salame, on behalf of Local 1891, spoke about an update to the ordinance. Mayor Penserga opened to public comment. He closed public comment since no one came forward to speak in person or online. Motion: Commissioner Cruz moved to approve Ordinance No 24-009, on Second Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 24-010- Second Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section 14.6 of the Code of Ordinances declaring purpose and intent, authorizing placement and installation of a school zone speed detection system, providing 14 716 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 for implementation of general law by the City Manager and designation of local hearing officer; making findings regarding relevant traffic data and evidence warranting additional enforcement procedures and designating school zone speed detection system locations, which constitute a heightened safety risk; providing for conflicts, severability, codification, and an effective date. City Clerk De Jesus read the title into the record. City Attorney Lamb noted that there were no changes, but a business impact statement was added. Commissioner Cruz said that we had a robust discussion last time and wanted to ensure an RFP will go out. Chief Joseph DeGiulio said that they should be completed by tomorrow and Procurement will put it out soon. Commissioner Turkin expressed appreciation to the Board for prioritizing the safety of children. He emphasized the significance of the Request for Proposal (RFP) process and stressed the importance of ensuring its completion. He advocated for a review of the red- light camera program, suggesting the potential for revenue generation from both initiatives. Mayor Penserga asked about the procurement process and whether there is a code of silence. Mara Frederiksen, Director of Financial Services, described the Request for Proposal (RFP) process, noting that during the period when it is issued and a decision is reached, there is typically a code of silence. Vice Mayor Kelley mentioned the speed data by school zone is scary. She asked about fees for repeat offenders. Chief DeGiulio described the program as a force multiplier, highlighting its role in raising awareness in school zones and ensuring safety for all. He noted that repeat offenders typically decrease by 50-70% within the first year of implementation. He emphasized the importance of seeking voluntary compliance from drivers, to enhance overall effectiveness. Vice Mayor Kelley addressed the high accident rate in Freedom Shores, attributing it to drivers exceeding the 20 -mph speed limit by over 11 miles per hour. She highlighted the prevalence of high-speed roads near many schools and emphasized the importance of taking action to improve safety, viewing any effort to address the issue as a positive outcome. 15 717 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 Mayor Penserga opened to public comment. He closed public comment since no one came forward to speak in person or online. Motion: Commissioner Turkin moved to approve Ordinance No 24-010, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 24-011- Second Reading, an Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 3, "Zoning," Article III. "Zoning Districts and Overlay Zones," Section 8(C)(7)(c) "Fenestration Requirements" of the Land Development Regulations, providing for conflicts, severability, codification, and an effective date. City Clerk De Jesus read the title into the record. Jae Eun Kim, Principal Planner, briefly discussed the changes. Mayor Penserga opened to public comment. He closed public comment since no one came forward to speak in person or online. Motion: Vice Mayor Kelley moved to approve Ordinance No 24-011, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business 11. New Business A. Update on the status of 2024 road resurfacing projects by the Construction Services Division, presented by Kevin Ramsey, Interim Public Works Director. Kevin Ramsey, Interim Public Works Director, spoke about the following: Boynton Lakes Blvd. & SW 8th Street; Boynton Beach Boulevard extension & Meadows Boulevard Road Resurfacing; Meadows Way Road and Chapel Hill; Cherry hills; and upcoming road projects 2024. Vice Mayor Kelley expressed gratitude to Mr. Ramsey for considering waiting until after 16 718 City Commission Meeting Minutes Boynton Beach, FL school resumes. May 7, 2024 Mr. Ramsey provided updates on the Golfview Harbor project plan and concluded his presentation by outlining the projected project schedule. Commissioner Cruz reiterated the residents' opposition to sidewalks, prompting her request to review the map of proposed sidewalk locations at the next meeting. She emphasized the importance of ensuring residents are well-informed and understand the developments, also asking about communication efforts with residents regarding the sidewalk plans. City Manager Dugger recalled a meeting where residents expressed their disinterest in having sidewalks. Commissioner Cruz requested that maps of the sidewalks to be worked on be included. Commissioner Turkin thanked Mr. Ramsey for his team's efforts, noting that the map may be misleading and stressing the need to avoid misconceptions. City Manager Dugger suggested postponing further discussion until the next meeting. Motion: Commissioner Cruz moved to table May 21. Commissioner Turkin seconded the motion. The motion passed unanimously. B. Overview and discussion regarding the draft beautification plan. Motion: Commissioner Turkin moved to table May 21. Commissioner Cruz seconded the motion. The motion passed unanimously. C. Discussion regarding sidewalk clean-up program Motion: Commissioner Cruz moved to table May 21. Commissioner Hay seconded the motion. The motion passed unanimously. 12. Legal 13. Future Agenda Items 17 719 City Commission Meeting Minutes Boynton Beach, FL May 7, 2024 A. Discussion regarding combining City properties together to create senior affordable housing. - TBD B. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD C. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD D. Discussion regarding a waiver process and criteria for workforce housing projects. -TBD E. Discussion regarding infrastructure, specifically paving in the City. - TBD F. Discussion regarding Restrictive Covenant for Harvey Oyer Park - TBD G. Discussion regarding Procurement Policies and Procedures, including local business preference. - TBD 14. Adjournment Mayor Penserga asked if anyone intended to use their education funds. City Manager Dugger clarified that his trip is funded through the City Manager's fund. Commissioner Hay said that they are installing their new pastor at St. John, and he would like to invite everyone on Sunday, May 19 to say a few words. Commissioner Turkin said that he's happy that the pressure washing in the City went through. Motion: Commissioner 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 9:24 P.M. CITY OF BOYNTON BEACH ATTEST: 18 720 City Commission Meeting Minutes Boynton Beach, FL Maylee De Jesus, MPA, MMC City Clerk 19 May 7, 2024 721 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, May 21, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Aimee Kelley Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Rev. Amalie Ash, First Presbyterian Invocation was given by Rev. Amalie Ash, Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. The Pledge of Allegiance was led by Commissioner Cruz Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Cruz added the reading of the National Day of Prayer Proclamation. Mayor Penserga added a proclamation for Gun Violence Awareness Day. City Manager Dugger requested to add a discussion regarding changing the second meeting in September. There was consensus to add it to the June 18 meeting. 2. Adoption Motion: 722 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Turkin thanked Commissioner Hay for inviting him to St. John Missionary Baptist Church for the installation of Pastor Barber. Commissioner Hay thanked the Commissioners and staff who attended the installation at St. John, showing great support. He also mentioned that he attended the P2P fundraising event, Night of Jazz, which he found wonderful. He stated that he attended the recent Police Department swearing-in ceremony. He expressed his hope that all mothers enjoyed Mother's Day and proudly announced that his first grandchild had graduated from high school. Commissioner Kelley wished all mothers a happy Mother's Day. She mentioned that she attended the Suits for Seniors graduation, which was a wonderful event. She thanked the staff for making the Taste of Boynton event a great success. She noted that Skyzone and Nothing Bundt Cakes both opened this past weekend. Commissioner Cruz wished everyone a happy Mother's Day and mentioned that she also attended the event at St. John. Mayor Penserga echoed the sentiments of the already announced events. He also thanked Commissioner Hay for the invitation to St. John. 3. Announcements, Community and Special Events and Presentations A. Announcement- Tire Amnesty Week June 3-7, 2024. Mayor Penserga announced Tire Amnesty Week and noted the next one will be held in November. B. Announcement- Flag Planting Ceremony and the Memorial Day Veterans Ceremony. Mayor Penserga announced the upcoming Flag Planting and Memorial Day Veterans ceremonies. He asked for the contact information for those interested in volunteering. 4 723 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 Justin Johnson, Marketing and Outreach Manager, responded that volunteers can contact him directly. He provided his contact information and mentioned that they will also accept volunteers on the day of the events. C. Presentation- The "Bob Borovy Student Citizen of the Year" award by the Education & Youth Advisory Board. Mayor Penserga invited Dr. Valcourt to present the award. Dr. Valerie Valcourt, Chair of the Education and Youth Council explained the purpose of the award and announced the winner: Leah Collins. D. Proclamation- National Safe Boating Week. Mayor Penserga read the National Safe Boating Week proclamation into the record. Irwin Fried accepted the proclamation. He stated that he is proud to have a wonderful relationship and partnership with the City. He spoke about National Safe Boating Week. Commissioner Turkin said that he took the boater safety course about 7 or 8 years ago, and he encouraged everyone to take the course. E. Presentation- Palm Beach County Commission on Ethics. Elizabeth Martin, Ethics Education and Communication Manager for the Palm Beach County Commission on Ethics, provided an overview of the Commission on Ethics, detailing how the community can reach out to them. She explained who they serve in the County, who governs them, the code of ethics, and the types of training they conduct within the County. She also discussed their advisory opinions, the process for filing complaints, and emphasized that they are available to assist the public. City Attorney Lamb added that they are arranging Ethics Training for all staff. F. Proclamation — National Gun Violence Awareness Day Mayor Penserga read the proclamation into the record, which was added to the agenda. Kristen Flynn, Moms Demand Action for Gun Sense, and Peter accepted the proclamation. She explained the purpose of their organization. Mayor Penserga asked City Manager Dugger to light up the water tower orange to recognize the day. 3 724 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 City Manager Dugger affirmed. G. Proclamation — National Day of Prayer Commissioner Cruz read the proclamation into the record, which was added to the agenda. 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) Kathryn Matos introduced the new Recreation and Parks Director, Fabien Desrouleaux. Mr. Desrouleaux introduced himself and his experience. He said that he is thrilled to be a part of this team. David Merker stated that Haitian Flag Day was well represented and a great event. He mentioned a conflict with Commissioner Hay, noting that he was never asked to become a member of St. John Church. Harry Woodworth thanked the staff for the bulk trash pickup. He spoke about the strategic plan, emphasizing the importance of updating and moving it forward. He requested an update at the next meeting to ensure it remains a priority. Cindy Faldo De Corrado spoke about being attacked during a Commission Meeting a few months ago. She announced that she will read the Police Report into the record, claiming it contains a false affidavit written and signed off by Police Officers. Eric Party discussed the Black Lives Matter flag and issues of racism. He asserted that all lives matter and questioned why this country is still considered racist. Susan Oyer expressed her ongoing frustration with the renovations on Boynton Beach Blvd, which will result in lane closures for over a year. She also criticized the decision to put bicycles on the road instead of sidewalks and suggested halting the road renovations. Sandra Watson expressed her gratitude to the Commission for her reappointment to the Senior Advisory Board and for their presence in St. John. She highlighted The Community Promise, the nonprofit linked with the church, and their plans for a significant back -to -school event in Boynton. She mentioned the participation of their community Girl Scout group in Savannah and their search for patches to exchange at the event. She also expressed a 4 725 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 desire to coordinate with Mr. Desrouleaux regarding senior outings. Cameron Maraj addressed current issues in his district, notably a recent incident involving a Police Officer striking someone crossing the road, during a high-speed chase near the Hester Center. He emphasized the inadequacy of a signal post erected on the side rail as a response to the situation and warned of potential repercussions at the polls if significant changes are not implemented. He expressed frustration at the lack of communication and action from relevant authorities. Anita [no last name provided] shared a sermon for the record. Ernest Mignoli raised concerns about pending investigations and the lack of responsiveness from the City to complaints. He cited the departure of a Police Officer from Boynton Beach due to perceived violations and questioned the City's authority to impede investigations. There were no online comments. Vice Mayor Kelley recommended that Ms. Watson connect with Gaby for swag for the Girl Scouts to take to Savannah. She asked about a virtual public meeting for the residents to review the changes that were made. 5. Administrative A. Advisory Board Appointments. Motion: Commissioner Hay moved to approve Robert Wilt as a Regular Member of the Historic Resources Preservation Board. Commissioner Cruz seconded the motion. The motion passed 4-0. (Commissioner Turkin was absent from the dais.) Motion: Commissioner Hay moved to approve Julie Mondello as a Regular Member of the Recreation and Parks Board. Commissioner Cruz seconded the motion. The motion passed 4-0. (Commissioner Turkin was absent from the dais.) B. Ratify the selection of Chair and Vice Chair for the Education & Youth Advisory Board. Motion: 726 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 Commissioner Hay moved to approve the Dr. Valerie Valcourt as the Chair, and Pedro Macedo as Vice Chair of the Education and Youth Advisory Board. Commissioner Turkin seconded the motion. The motion passed unanimously. C. Purchases for over $10,000 for February & March 2024. City Attorney Lamb stated that this is just an announcement for transparency and there is nothing to be approved by the City Commission. 6. Consent Agenda A. Proposed Resolution No. R24-062- Approve Amendment No. 1 to Task Order UT -2D-05 with Calvin, Giordano & Associates, Inc., in the amount of $52,333 for professional engineering services required for the design of a 12" water main for future service to the Town of Gulfstream. B. Proposed Resolution No. R24-109- Approve and authorize the assessment and recording of Nuisance Abatement Liens against properties in the public records of Palm Beach County within 60 days after adoption of the Resolution. C. Proposed Resolution No. R24-110- Termination of an Interlocal Agreement between the City of Boynton Beach and the cities of Boca Raton and Delray Beach for the operation of a biology processing laboratory to preprocess DNA samples pursuant to Criminal Investigations. D. Proposed Resolution No. R24-111- Approve and authorize the City Manager to sign an easement located within the site of lift station 309 (Seacrest Boulevard & Northwest 19th Avenue) at the request of a Florida Power & Light Company. E. Proposed Resolution No. R24-112- Approve and authorize the Mayor to sign an Amendment to the Grant Agreement No. 10123 from the Federally funded Community Development Block Grant Mitigation Program (CDBG-MIT) offered by the Florida Department of Commerce for the East Water Treatment Plant Generator Project, and execute all future documents associated with the grant that do not increase the City's financial obligations, subject to the approval of the City Attorney. F. Proposed Resolution No. R24-113- Approve and authorize the City Manager to sign an LED Lighting Agreement between the City of Boynton Beach and Florida Power & Light for the installation or modification of lighting facilities on W. Ocean Avenue. A 727 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 G. Proposed Resolution No. R24-114- Approval of Second Amendment to the Interlocal Agreement between the City and CRA for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway. H. Proposed Resolution No. R24-119- Authorizing the City Manager, upon the request of the Chief of Police, to execute agreements with Federal, State, and local law enforcement agencies for combined operational assistance, voluntary cooperation and access, and use of intra -agency information and networks, provided that such agreements have been approved by the Chief of Police and the City Attorney's Office. I. Commission Meeting Minutes. Motion: Commissioner Cruz move to table Item 61 until the next City Commission Meeting. Commissioner Turkin seconded the motion. The motion passed unanimously. Mayor Penserga pulled Item 6C for discussion. Motion: Commissioner Turkin moved to approve the remainder of the consent agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 6C. Proposed Resolution No. R24-110- Termination of an Interlocal Agreement between the City of Boynton Beach and the cities of Boca Raton and Delray Beach for the operation of a biology processing laboratory to preprocess DNA samples pursuant to Criminal Investigations. Deputy Chief Zeller spoke about the increase in their ILA, and they asked to have this cancelled. Mayor Penserga asked if we were notified. Deputy Chief Zeller said that it was after the fact. Mayor Penserga said that the contract states that it should not exceed 10% increase, and he is concerned about other agreements that may not abide by the terms. Motion: Commissioner Cruz moved to approve Resolution No. R24-110. Commissioner Hay 7 728 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-115- to Award and Approve Bid for Task Order No. LS -20-2024 to Johnson -Davis, Inc., for utility construction services for Pumping Station #708 Rehabilitation Project, for an amount not to exceed $235,300, and increase the annual estimated expenditure from $1,000,000 to $1,300,000. B. Proposed Resolution No. R24-116- Approve a piggyback agreement with Trinnex, Inc., utilizing Sourcewell, a State of Minnesota local government unit and service cooperative Contract # 012524 -TRX and authorize the City Manager to sign the Agreement with Trinnex, Inc., for Water Service Line Inventory and Management Systems with Related Services for an estimated cost of $103,145. C. Proposed Resolution No. R24-117- Authorize additional purchases for the Hester Park project and increase the annual estimated spend for the City's piggyback agreement No. PD23-066 with Broadcast Systems, Inc., for Information Technology Related Services utilized by Police and ITS, by increasing the annual not to exceed amount to $500,000. D. Proposed Resolution No. R24-118- Approve and authorize the City Manager to execute the Statement of Work with Routeware, Inc., for the Encore/eMobile products, service, and implementation for Solid Waste Division utilizing the City of Boynton Beach's HGACBuy Interlocal Contract for Cooperative Purchasing No: ILC18-6755. Approve an increase to the estimated annual expenditure to $150,000 per year. Motion: Commissioner Turkin moved to approve the Consent Bids and Purchases over $100,000. Vice Mayor 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. There was none. D 729 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 9. City Manager's Report There was none. 10. Unfinished Business A. Update on the status of 2024 road resurfacing projects by the Construction Services Division, presented by Kevin Ramsey, Interim Public Works Director. Kevin Ramsey, Interim Public Works Director, presented on the following regarding 2024 Road Resurfacing project as follows: upcoming project FY23/24; Golfview Harbor - resurfacing; maps about the different road projects; Meadows, Blvd.; Citrus Park Blvd. - resurfacing; Lake Boynton Estates- resurfacing project; project scope; completed projects; SW 8th Street resurfacing project; before and after with 8th street; Boynton Lakes Blvd.; Meadows Way resurfacing project; Meadows Blvd. resurfacing; Boynton Beach Blvd. Extension resurfacing; chapel hill resurfacing; cherry hill resurfacing; Construction services road resurfacing project summary; projects in waiting; next year potential resurfacing locations; and questions. Commissioner Cruz expressed appreciation for the presentation and acknowledged the positive changes that have occurred. She specifically highlighted the City for addressing the longstanding issue of the "Loop Road," which had hindered the passage of large trucks for decades. Mayor Penserga questioned whether the public is aware of the City's commendable efforts. Mr. Ramsey responded that while awareness may be lacking, it is something that can be improved upon. Vice Mayor Kelley emphasized the importance of recognizing the City's history and the significance of its roads. She highlighted the need to prioritize road maintenance and exceed past efforts with available funding. Commissioner Turkin discussed the ongoing focus on infrastructure during their second year in office. They outlined the creation and implementation of a comprehensive plan to address infrastructure needs. 11. New Business A. Discussion regarding beautification plan. Andrew Mack, Deputy City Manager, spoke about the Beautification Plan as follows: 9 730 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 overview; plan overview; benefits of the plan; priority goal #1- A clean and beautiful community; challenges and opportunities; short-term projects- Public Works; and short- term projects- community standards. He stated that they wanted to focus on the short- term goals to make some changes quickly. Mayor Penserga expressed gratitude towards the staff involved and acknowledged the quality of the initial draft, but noted that it attempted to address too many aspects simultaneously. He emphasized the importance of clarity and conciseness, suggesting a distinction between cleanliness and beautification efforts. He proposed defining aesthetic standards to establish clear goals and aspirations, aiming to surpass those standards. He expressed a desire to leverage resources, to gather ideas directly from employees and residents on the ground. Deputy City Manager Mack stated that the document has been pared down to a few documents, and that there will not be decisions tonight, but they will bring back this pared down plan. Mayor Penserga thanked Vice Mayor Kelley for leading the charge to get shade trees in the medians. Commissioner Turkin endorsed the idea of simplifying the approach, noting his approval of the survey sent out to staff. He suggested considering the establishment of an advisory board and emphasized prioritizing beautification efforts for the upcoming year, expressing optimism that addressing easier tasks initially will be manageable. Commissioner Hay echoed agreement with the sentiments expressed, highlighting the readiness of many residents to collaborate with the City. He emphasized the potential for such initiatives to have a significant positive impact throughout the City. Mayor Penserga requested further elaboration on the specifics within the City. Vice Mayor Kelley expressed gratitude to Mr. Mack for the presentation and emphasized her desire to empower residents to take personal ownership of addressing issues in the City. She underscored the importance of residents and businesses actively participating in the program and working collaboratively with the City. She voiced concerns about assuming responsibility for county roads and the need for clear delineation of responsibilities. She stressed the importance of both short-term fixes and long-term beautification goals, especially considering ongoing road projects. Commissioner Cruz thanked staff for everything, and she supports it 100%. Mayor Penserga stated that cleanliness is the baseline. 10 731 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 B. Discussion regarding sidewalk clean-up program. Mayor Penserga reiterated that he made the request because it represents a low -hanging fruit, in terms of achievable improvements. Deputy City Manager Mack provided a cost estimate, suggesting it would be around $140K for a one-time effort. He expressed a preference for involving small local businesses in the project, estimating a completion timeline of approximately 10 weeks. Mr. Ramsey proposed that involving 4 or 5 local vendors could expedite the cleaning process. Mayor Penserga expressed appreciation for the intention to hire multiple local vendors and inquired about how the City can facilitate local vendors' understanding of the steps to express interest. Mr. Mack suggested hosting a Q&A session and meeting with the vendors to clarify the process. Mayor Penserga sought clarification on the long-term plan for maintaining these main public roads and who would be responsible for it. Mr. Mack referred to a past initiative involving pressure washing Federal Highway as an example. There was consensus to allocate the necessary funds for the project. 12. Legal A. City Attorney's Office update presentation and six-month performance evaluation of the City Attorney. Ms. Lynn Nazario, Interim Human Resources Director, spoke about the evaluation of the City Attorney, after being here for 6 months. She mentioned that changes can be made to her agreement. City Attorney Lamb spoke about the following regarding the City Attorney's Office, as follows: overview of office; advantages of in-house City Attorney; role of the City Attorney's Office; experience within their department; accomplishments; City Attorney's Office Strategic Plan; cost savings; budget and salary; and questions. Commissioner Turkin addressed the percentages related to the City Attorney's budget. 732 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 City Attorney Lamb provided insights into the budget, drawing comparisons with the City of West Palm Beach. Commissioner Cruz expressed appreciation to City Attorney Lamb for her role as the first City Attorney and applauded her for assembling an excellent legal team. She commended the Attorneys for their collaboration with procurement processes and praised Ms. Lamb for her prompt responses to inquiries. She proposed considering surveys from other municipalities for additional insights. City Attorney Lamb explained that larger cities typically employ in-house attorneys, although many also utilize external legal services. She discussed the comparison between in-house and external legal representation and committed to gathering data from the County as well. Commissioner Cruz inquired whether West Palm Beach employs outside counsel for Risk Management. City Attorney Lamb spoke about West Palm Beach Attorneys having different responsibilities, and how it would change our model. She mentioned that she believes there would be a cost savings if we brought on specialized attorneys instead of outside counsel. Commissioner Cruz said she wants to make sure they are looking at comparable budgets and responsibilities. She recommended including the cost of all outside counsel within the City Attorney's budget. City Attorney Lamb suggested considering deductibles, and looking at other costs, to see if there is a savings. Mayor Penserga asked Commissioner Cruz about her overall performance impression score. Commissioner Cruz said she scored primarily exceeds and meets expectations. Vice Mayor Kelley expressed strong support for the City Attorney's Office, noting her impressive accomplishments in just six months. She emphasized the importance of feedback from staff who interact with the department regularly, highlighting accessibility as a key factor. She underscored the significance of staff feeling supported by the City Attorney's Office and expressed gratitude to Ms. Lamb and the entire team for their efforts. She acknowledged areas for improvement and rated their performance highly and endorsed a 5% increase in support. Commissioner Hay said that he has seen improvements, and he is satisfied with what he 12 733 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 has seen. He stated that he would like to look at other budgets of cities, to compare the numbers that were given. City Attorney Lamb reiterated the budget comparison to the overall general budget. Commissioner Hay said that he would like to see the outside counsel piece to this. He asked about the comparison from the prior outside counsel. City Attorney Lamb reiterated the cost savings. Commissioner Hay asked what would be her optimum number of staff that she is looking for. City Attorney Lamb said that there is a position out for a Senior City Attorney, which is reflected in the budget, but that they would like to bring a Junior Lawyer, that will grow the office after her. She mentioned that there would be a Legal Assistant that would also be budgeted for next year. She said that the City would benefit from an in-house Police Legal Advisor and help with training as well. She stated that it would bring this to a total of five Attorneys. Commissioner Hay stated that they are on a track record of giving increases at a certain time of the year, and asked if they would be getting another increase at that time too. City Lamb explained how her contract was written, which would be a year from now. Commissioner Hay gave her a 4.0 and said that he has no problem with 5% increase. Commissioner Turkin commended the entire team for their outstanding work. He noted that when comparing with other municipalities, it's evident that the majority utilize external counsel, and the comparison presented on the slide was apt. He inquired about how the proposed increase would contribute to making employees feel valued. He emphasized that granting a 5% increase, despite a high score of 4.5, is unquestionable, as there's always room for improvement. Commissioner Cruz spoke about the comparison to West Palm Beach. City Attorney Lamb outlined the different items that they do and what they do not. Commissioner Cruz asked to make sure to include the cost of all legal service, including risk management. She stated that she would like to include this in the calculation. Commissioner Hay asked for clarity regarding pay increases. 13 734 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 City Attorney Lamb said that it would be every year from now. Mayor Penserga expressed his admiration for the remarkable progress achieved by the team within a short span of time. He acknowledged the implementation of policies and procedures aimed at improving the City and extended his gratitude to the team. He noted that six months is a relatively brief period and emphasized the importance of allowing more time for evaluation. He suggested revisiting the discussion on a raise at the one- year mark to assess progress further. Commissioner Cruz agreed with not setting a precedence, and she said that she supports an increase of 5%. She asked if it affects her staff as well, and if it done during the budget cycle with the rest of staff. City Manager Dugger spoke about salary increase considerations for staff in October and would not include the City Attorney. City Attorney Lamb said that they are considered regular employees. Commissioner Cruz said that she would prefer to give an increase when other staff gets an increase. Vice Mayor Kelley said that at the beginning there was a question about being successful or not, and that this salary was set up this way, to get an increase after six months. She agrees with not setting a precedence, but this is something we were starting brand new, the in-house attorney from scratch, and she is in support with increasing her salary now. Commissioner Hay said that he thought that tonight was just an evaluation and was not sure about the increase. He stated that he does remember the conversation as well, as to why the contract was set up. City Attorney Lamb said that she came in at the bottom of the scale that was set up, and she has 26 years of experience. She stated that she wanted the 5% increase, but she will do whatever the City Commission wants. Commissioner Hay said that he supports 5% now. Mayor Penserga reiterated what Commissioner Hay requested, which is 5% now with a second evaluation in six months and see where they are at then. Ms. Nazario clarified if they wanted to do the 5% now, that the next evaluation would be for the new fiscal year. Commissioner Turkin spoke about the agreement that they spoke about originally, he said 14 735 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 that he supports 5%. Vice Mayor Kelley said that she would like to hear what is going on in six months, not necessarily another evaluation. She said that they will get on track to get her on October 1 st increases with the rest of staff. Vice Mayor Kelley for the City Attorney to receive a 5% today, there would be an update in six months, and moving forward, she would be reviewed in advance of an October increase. City Manager Dugger said that his evaluation is the first meeting in October, and they could do City Attorney Lamb's evaluation at the same time. City Attorney Lamb spoke about authorization to amend the contract to reflect changes decided today. She said that there should be an amendment regarding the City Attorneys to be in an executive Tier, and the City Manager as well. Mayor Penserga said that there is no question that he approves their work, but he is not comfortable with the increase at this point. Commissioner Cruz said that she is not in favor of multiple raises, in fairness with staff. Mayor Penserga stated that he likes conformity. Motion: Commissioner Turkin moved to approve adopt a 5% increase effective May 22nd, with an amendment to the contract to reflect a review date on the first Commission Meeting following the new fiscal year, and also with regard to clarification and amendment to the contract to clarity the Executive Tier Position of the City Attorney, except for where otherwise stated specifically in the contract. Vice Mayor Kelley seconded the motion. The motion passed 4-1, with Mayor Penserga dissenting. 13. Future Agenda Items A. Discussion regarding combining City properties together to create senior affordable housing . - TBD B. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD C. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD 15 736 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 D. Discussion regarding a waiver process and criteria for workforce housing projects. -TBD E. Discussion regarding Restrictive Covenant for Harvey Oyer Park - TBD F. Discussion regarding Procurement Policies and Procedures, including local business preference. - TBD G. Discussion to explain the chemicals that are added to the water.- TBD H. Discussion regarding infrastructure, specifically paving in the City. - TBD I. Update on ARPA Funds.- TBD J. Update on funds from the settlement with Town Square.- TBD K. Discussion regarding adding a Sister City from Ireland. - TBD L. Presentation regarding the Living Shoreline project.- TBD M. Discussion regarding additional digital signs. - TBD N. Update on Arts in Public Places Program.- TBD O. Discussion regarding City entry way signage. - TBD P. Discussion regarding Adopt -a -Road Program.- TBD Q. Discussion regarding Rapid Re -housing Program.- TBD R. Discussion regarding formalized Tree Planting Program.- TBD S. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD T. Discussion regarding Hazard Pay for Community Standards.- TBD 14. Adjournment U 737 Minutes City Commission Meeting Boynton Beach, FL May 21, 2024 Commissioner 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 9:17 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 17 738 Consent Bids and Purchases over $100,000 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-130- Approve a Piggyback Agreement with Bound Tree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $150,000. The County of Volusia procurement process satisfies the City's competitive bid requirements. Requested Action: Staff recommends approval of Proposed Resolution No. R24-130. Explanation of Request: Contract Term: November 2, 2023 to November 1, 2026 The County of Volusia contract offers a percentage discount from 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 available for account 502-0000-141-0100 for the amount of $150,000. Attachments: R24-130 Agenda_Item_1564-2023_Resolution_for_Bound_Tree_Piggyback_Agmt.docx Exhibit A to Resolution - Piggyback Agreement - Bound Tree Medical -Signed by Boundtree.pdf Exhibit A to Piggyback - Recommendation and Tabulation of Award 23-B-136AK Medical Supplies.pdf Exhibit A to Piggyback Proposal.pdf Exhibit A to Piggyback - Volusia County Discount Percentage.pdf 739 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. R24-130 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN THE CITY AND BOUND TREE MEDICAL, LLC FOR THE PURCHASE OF MEDICAL SUPPLIES; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, on August 11, 2023, the County of Volusia, a political subdivision of the State of Florida, issued an "Invitation to Bid" (ITB) to solicit responses for the purchase of Medical Supplies ("Supplies") for which it received a total of eight (8) responses; and WHEREAS, the County of Volusia found Bound Tree Medical, LLC ("Vendor"), to be a responsive, responsible bidder and awarded it a three (3) year agreement, Agreement No. 23-B- 136AK, commencing November 2, 2023, with two (2) additional one-year renewal options; and WHEREAS, the City desires to obtain Supplies on an as -needed basis; and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, to acquire Supplies to be stocked at the Warehouse for the City's EMS services within the City, the City's Materials and Distribution Division is requesting the City enter into a Piggyback Agreement with the Vendor to obtain Supplies; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the County of Volusia's Agreement; and WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve a Piggyback Agreement between the City and Bound Tree Medical, LLC, for the purchase of medical supplies. 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 740 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 being true and correct and are hereby made a specific part of this Resolution upon adoption. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve a Piggyback Agreement, between Bound Tree Medical, LLC and the City for medical supplies purchase (the "Piggyback Agreement"), in form and substance similar to that attached as "Exhibit A". SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby authorizes the City Manager to execute a Piggyback Agreement and such other related documents as may be necessary to accomplish the purpose of this Resolution. SECTION 4. One fully executed original of the Piggyback Agreement shall be retained by the City Clerk as a public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to Michael Dauta to forward to the Vendor. SECTION 5. This Resolution shall take effect in accordance with law. [signatures on following page] 741 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 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 742 This Piggyback Agreement is made as of this _ day of May, 2024, by and between BOUND TREE MEDICAL, LLC, with a principal address of 500 Tuttle Crossing Blvd., Dublin, Ohio 43016, hereinafter referred to as "Vendor," and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." WHEREAS, on August 11, 2023, the County of Volusia, a political subdivision of the State of Florida, issued an "Invitation to Bid" (ITB) to solicit responses for the purchase of Medical Supplies ("Supplies") for which it received a total of eight (8) responses; and WHEREAS, the County of Volusia found Bound Tree Medical, LLC ("Vendor"), to be a responsive, responsible bidder, and awarded it a three (3) year agreement, Agreement No. 23-13- 136AK (the "Master Agreement"), commencing November 2, 2023, with two (2) additional one- year renewal options; and fill 1_1 lblmrx-eff=%�44 WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Scaled Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to acquire Supplies to be stocked at the Warehouse for the City's EMS services within the City, the City's Materials and Distribution Division is requesting the City enter into a Piggyback Agreement with Vendor to obtain Supplies; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit "A." NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Piggyback Contract —Bound Trce Medwal, LLC 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement 2. TERM: The term of this Agreement commences on November 2, 2023, and will remain in effect until November 1, 2026, with two (2) one-year renewal options ("Term"). The City Manager is authorized to execute amendments renewing the Agreement on behalf of the City. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Tenn, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to provide Supplies to the City on an as - needed basis, as provided in Vendor's Proposal attached as Exhibit "A" on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "County of Volusia" are hereby replaced with the "City of Boynton Beach." The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement for the Supplies in an annual amount not to exceed $150,000.00. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel mugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 3 10 saidigaimilum,We 1CM611M , 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Materials and Distribution Department Attn: Michael Dauta 222 NE 911 Ave Boynton Beach, FL 33435. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently Piggyback Contract- Bound TrLv Medical, LLC than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall 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 NgZ buck, Contract — Bound Tree 1cd icat, 1A.0 (10 records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDIN TH APPLICATION OF CHAPTER 119, FLORIDA STATUITIS, T THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORM I RELATING TO THIS CONTRACT, CONTACT THE CUSTODIA OF PUBLIC RECORDS: I CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityCIerk.@bbfI.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's deten-nination 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. 11. E -VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E -Verify system to verify the work authorization status of employees. Failure to comply with Section 448-095, Fla. Stat. shall result in termination of this Agreement. 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. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. Piggyback Contract —Bound'riec Medicat, LLC 4 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar 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. 15. 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) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub -subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. IIADEPEIADENT CONTRACTOR: The Agreement does not create an Piggback Contract-, Bound Trm Medical, LLC employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as tile expenditures provided for in the Agreement have been appropriated by the City Commission of the City • Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination • on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Signature Page tri follow Piggyback Contract — Bound Tree Medical, LLC 00 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA BOUNDTOE MED JC-At-,-1�LC le Daniel Dugger, City Manager (gignature), Company Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk Pigg) back Contract - Bound Trm Medwal, LLC Corey Case Print Name of -Authorized Official Chief Marketing Officer Title Attest/Authenticated: (Signature), Dwight Lowry Print Name (Corporate Sea[) 0 LO I- 1 *14 of 11 .9ym. "U AND BOUND TREE MEDICAL, LLC Viggyback Contract Bound Tree Mcdwal,, LLC m uj V) z 0 IL ui(0) 1% LL 1-71 a to 4) CO —.9 00 2 E (0.0- (D C, N (D (0 W U) z 0 LU w IV W a) z 0 Vs LU w z LO (D to U) L� CD C"go 'D 4) co m —0 03 MS C3 N Q =U A CL rxi m -0 Ano 19) u fE 4) § V) Lf) w LU V) z 0 CL U) w Ix r. W 0) z 0 CL Gros 0 IS 4. 0 CL 0 CL 00 CL CL 00 IL n L W CO -5. C z ro = to Eroro M. - CL 0 lox Em 751 M C)04 N CL LL 4) 0 ui 6i 20 0 z U. -Z z .44 w ca V) dr - 0 w 0 0 0 Ua > U. 0 z 0 z 0 z 0 LL w z 00 tj 0 w 0 0 0 w w U) U) LL 1-71 a to 4) CO —.9 00 2 E (0.0- (D C, N (D (0 W U) z 0 LU w IV W a) z 0 Vs LU w z LO (D to U) L� CD C"go 'D 4) co m —0 03 MS C3 N Q =U A CL rxi m -0 Ano 19) u fE 4) § V) Lf) w LU V) z 0 CL U) w Ix r. W 0) z 0 CL Gros 0 IS 4. 0 CL 0 CL 00 CL CL 00 IL n L W CO -5. C z ro = to Eroro M. - CL 0 lox Em 751 A J 0 x Y n m Xo X Y Y Y Y Y Y Y X x x Y a% X X Y Y C d U "" U m 0� n d n n a 0. O O m0 M a M d M 0 O L O L > a m m m m u m u__ pp y o n -p., p� p o o o �Q �, o Q �. -.. gyp.. -., o �.. •.. u -.. �., m �., m n n NO G Oa O O O O .Od.O-� N N O VOl N IOA `"r W N w N N N X N V U Xoo V N % X X m m VI X Y Y Y X O x m X X .. ]e m m m O O O X U X O Y Y n a n Y O m O Y Y Y Y U X O m O n n 1 d U m m dl O I Y O m n n Y n m CO n a a n O m >' m L L m m y a m L VI O. a m m W 1 N U1 01 N m y 01 Gl u m n N d GJ O/ n u u n d `m'a a n n v a na`i v a`1 d d n `a v `a m n n m n m'..n n n o_ il. CL a m m 01'm L y n n n m '., 0 m 0 n 'n N n n n n n m w n m 1 W m M W M1 N N m N m m m O w CL W M1 O. �••I n n M 0.00 N n N O1 O1 m N m O1 111.00 O h n t0 M '... 00 't-1 N h M m lCJ N h lb Ol N N m 01 N Ol m en m M1 N 00 O 10 N t0 LD OD m N Ol O ''... h N �,•� '., f0+f M N 111 N N fY1 Ol m ae-�I Npp a Of 000 M N 01 e -I h N V1 O1 M1 M M O m 0 N~ M a N N M M N N m 10A dh' 1011 N N a d' M M N m N m CF N N LO Ln LO a-1 00 ! LO N LO N M1 m N M N VT N VF.[A,Lf M N'.N.4F H i/T 'N VF V}.iA 4A i/F {M1Vf W HN N VF V}.V} N iR.VF i/T N V}.ih iM1 N M hm N_ ae a� ae a� a ae ae a' a° a° ae � a� ae ae a� ae x a� a a ae a� a� ae ae o ae as a a� a� aQ ae ae � 0 0 0 o a o o g'u o$ qo 0 0 0 0 0 0 0 0$$ o$$ c o 0 0 o c o 0 0 0 0 0 �C 0 m Y x X z N W d m x m Y x a W Y Y x m a m N O y n Y Y ]e Y Y Y% X D Y ur X X m X u u O u N X X x x x C CL o `� a u m m � 0_ n n a n n O m ]G n it Y m o o m$ o 0 o a o p Lo -i ` 0, 0 0 0 op pp pp �'m n a n u m m m L n n s n n u m m m O. m .� O 'O 0 0 0 0 0 0 0, 0 tl O O O a a 0 0 0 V�1 O N N'N N v�1 m Ln lin 1V0 O O In W O m O a N M H ei N N epi N N N N N N N N N e'I m N N 111 N N N n N W N N W 'i '. -1 '-I M ei N a N M N m .......,, . n as 'reF' Ira E 2 :° 'M r. C: fG ^b Ell h A3 4�A afF Edi fl I � IAF, 491 A �m z Ellql eAa a F:t $ Y £Y! fli 10 £�a n o roea mr 0 01 m E o E o W %a o o N m mol rt 'O Z_ 1 flb ='.m �" A a... Y 1fl �, m ` �., m a` v e4 nrr erF Z ° arr Z > M Q n} w' o v F r,ma p c' m CL J J Q rn �r m o f>> J m m E c O Ir al rda m I'll, £ N u? J vt Q E N Z p F O p Pb W " a ° a:9 O E y N J LLr > O 3 8k C N X g p J m O J> v a r,µ a° g E a tt m n rn eA £v ra o nN ^� N g j m E Z y 3 E Z •ti 0 3 C X r m" c 'i u caro E J E l7 V m a a m J w -% q µ n>> m o m �r E� "? • a a .r �e d a rn Q I o uj tl0 c e7 E c J 0 E £m' m O Vl X y Z m O O m 0 0 W v l m m m e m v m u o "� c E v Ln N ai -' m Z o 4 M1 Ol H w .•i Z K y H N N a+ n O. OD O. 1^ y J .O F .�„ O(D" N (rj O A O O O c O +f eYr x Wo x p e t O d m 00 m 0 E ti a m O eel lD m _ '•i N r•1 m U 7 N d 3 R N vYdi O J— N LL N `� C 0 'O i ^P M O N m? J 3 X X X C. L.L a N_ 0 J a: �, 00 E 11 H W S E O U O n m O) d rw�� 0) L X J m 0 `l Z O N E u A O1 VI v p Y V 0 N W E .0 m Oi 00 O y lD L O E o n 0 U ,..r W m N W i N W O N @ ci O n m w m C Y C p p 2 w 0< CO Z U O V E I,ro LL O N Q m J n y O v1 p u m 0 O— U Q w C O p• Z Q Q y m Z Z m Q a.� l7 E i....L «s.` m w s m m L mIa c H '" o Q .� p E o Q o m a z axi •� c D o u u m m o o u o v 3 "� u „�, m j 11 ;4 O? O o 0 o c "x 0 a d a c IL z O Z u y u N v m d o L_ v c .� m =o S'c z a m O s m S'c m w > s o a s= E O o o f a aO Q a �'' o ^. H m !C w m>> l7 U} in U X N Z ut a W In m Y u N Q w m Z w Q v1 N N M a Ln '., t0 h 00 01 •O•I 'y CD " NIti Ln 'tO•I -I� N N N.,N NIIN N N N N',m M MIM Ian M.M M M M �.......� 752 /\ 753 V J J Q L- ai ai C W OrA V m m N Ca F 0- I I .N-1 O 001 O 1 N O v v M m Uma aEas s ',,. a a` O 00 a; Fu aIOnaa�I.. 0 ',,,. m u `"' CD O O O O O l!1 ''. O 14 O O O U O O CIO O lm0 o .mi $pC a O O 8 O O1 N O O oca O w° h w 00 v N O 0 w 0 a O M u0i N N N N N N N Z0 z0 z° N N N N N N y a yy U '.. m YI N '..033o u -X( u Q Q a CF 3 v to eD Vu a u 0 a u a H u 00 17 O m a m X O awa x O u v a u v o0 x a io , m O >ilo m O t1 O X a x a NDD •.. O O m µ'o u aEas �ae�oaeae I,,.. a` ■ aIOnaa�I.. O O O O O l!1 ''. O 14 O O O co oo to N CIO O lm0 O O .mi O O O O O O O N O O1 N O O O M N h m O1 v v a 0 0 0 a o M N N N N N N N N Z0 z0 z° N N N 24 2k 2� Z 2 Z Z 2 Z� Z[ 2� Z 2 ZU Z�Z{Z aae aEas �ae�oaeae I,,.. aIOnaa�I.. O O O O O O O O $$ O O O O O 0 O O CIO O O O O O O O O O O O O O O N O O O O O O O 0 0 0 0 0 O O N N N N N N N N N N N N N N N N N U '.. m YI N N N V u -X( u v a V L to eD N a Y a ry a H 00 O m a m X O m x O u v a v o0 x a io , m O >ilo m O t1 O X a x a NDD •.. O O m O O O 0 O O O O O 0 0 0 N N ..4 G',1 5�,4 A „F ¢" 0 0 Py.� "P 2 RI Y 4M1^, ?5 41 110 :4 fu a, .fi:: V I.A 4AX%dF j! y 4 Y nc@I 4rnF A D E p y, X 4r rY" E E o p a. y E $ w Z m " a�.I m 5(h A } PN 4! u .0 MI f4F 011 % 2 Q K d O } A __ � "YY W Q o Rol"[ A'.� y1 N......... `� J� m Q ry Z j w t7 bola F 41 R O F o•am ^� o E ygJ�7� c V1 X d Q ¢YX V N a a c p 9� % c N 7 a� J J C J `> E 1� �••1 Y y v m ° 01 e. , c i c o. N N N J ae m w m E %" M 4% d Y ev'p J p V N 7 ; a 3 E z ., 0 3 e x e^ A E E (9 U g `^ a v �++ AY = m o N „.r u" �? = -0 v v Y a v ¢ o t.7 c (7 E c J z al m m o .� �n m ,4'I m o 'c x a �' c sY ? c` E v N g y v_ .� v Z o0 p N o N w N F u1 u1 3 a c `w m u E o 8 N O1 w N Z O^_ V N N Q m G 0 V J \'. 6' N 'O l7 Pla, d) L t0 X O C 2 N N H {%1 V 7 oo N 00 N 7 M` N EO N CJ �. H c LL .••1 p� C (7 0 V A f h M O Cl y x X X o. LL d N W %r m N V1 J O O J E li W a O O V v y m ; m n moto a f0 O v m O o '' v t to o f E m O u 0 w M ry x u d >` a y o w "D L E N �- u 0 o a N W � rMX 7 ii N 0 L Q N N .0� u. N O C u m 0. `O u,,p W O p- W Z 0 Q'm y Z m 0,,2 Z E a c? Ext m o m w r a � v r M a c l- ~ o? Q - o E o Q o m a x �°+ u '° _ '°....„ `o `m u v d....... c v c'u 00 -o ....E > ': m'... J O '-... c ° W a o r v cry LL -2 } u a v c m L w o r= E>$ o o m 'n O Q o �pp v v y +• t- p.; �2 x W m � l7 U''.,� � y".I L_ _U x'N Z N d W M N Y U".N Q W �- VI Z e -I NIM Vf t0 hJ.-T."', O N N M a m l0 T,�, QiUNNNm et V1 t0 h 00 Qf O ••I N M ...". m to h m 01 O N NN N.N N N N N M m m m M''.m MIM m',iM �r -�r N 0 ti A a 754 755 756 T) IS M"Y o o c m 12 4. o zE m„A U fo %„a o E v M M— N O N 14 NaOLn p N O N h O ,4 S w M N G „! rl L rl ^ N X _ a Em x u m N E Q O `° 'a Ld t eo Ln y N E o U NO i^ 4d4 i"M. F q.n z a O rra a rr� eul co N N v I �k �A RAX y it E f^” — E p — W „r, 9„&; r f M E d m m E to 0 f! C pp ^' �S 9x 4VI to J N v z O to O to 6 O'.,.... N �_ p O O O O O N in ` cc 10 N fMMI N p u �/} � 16F erM� to K fF Z M ry t# Oi M N u Q �j LL p} i f r d o C u �' Q {r�a u m 01 p l r a ^� rn V O ems p E to .i Y J Q E to N to Q ❑ 7 H W E c X Al,t , �-. N O W N ` Q #'Pd pp O N ',, N C , 5 I� k f C C t0 y t N j g g J J N O J 7' E g _� ry 9 C V1 (n V! x 2 CI^,I i. rtr & N d 0 p Ot w N{"Pp wx t O X o V m ` OD J a N O N N+ J g❑ W O E O „o oww v 7 y: O N a„„�s «,;. �y .,, c u m 'c c° v i d o.„ Y Oo��, s E a g E Q p l7 l7 m l7 y c m c 'D E c J J w C7 m O `�' a 0 O m m 0 o v W W L u 1n M C o x m ”. y io 0 J 0 o u c E °' .a u1 N d :p '” m Z o p ro Lei N vi N X 1p Gl 'O w f0 tri N tri N ❑ C 2 N N o 111 N N y N a N U tri N W �"f a vooi N"b. o M ui N o u1 to N N g ~ E O` rl N — g N t0 C 7 li p rl E \ 00 aE+ C C7 1� d a-1 O C m r„a PA: M O M N u N tloj C 3 x i0 x N x c0 a� O d t: LL d d to p 'y J N N 14 C u1 N an J d LL H w z O I E O ❑ J u Q O fn OVO N d W In v .... ❑ d V 0 O N toN 00 L E N w m f0 pj N OG to G U t0 •O J d p E 7 Q y� CU O O O V_ M W z M Z W V E O L GYt 7 " LL ”' C O O l/TI L Q e? y E i i fv d w .-+ i O rl o m y d O v V w d �m G L O u p c y�j O '~ a o❑ z O Q E N o o m Z a z M N N a fn m m\ o r o LL O co m m m d m m m m N m m m y CO N N L m m m.m m m m m.m '— v m O C_ v ° O z t� �..f r..",. Ln O O O po po w>> O O O o 0 0 0 O'N o H O O O E W O N o o u 0 0 0 0 0 d 0 0 0 0 J Y Z !"i Q v cliry N z z z ti' h z z z z to z'z a N z z u z z z a z u o tv z z z z z z z z z z M 7", M M?r -K a 756 IS M"Y 12 4. m„A U fo %„a V G „! Ld eo U i^ 4d4 i"M. q.n z rra I rr� eul co I �k �A RAX y p f^” — E p W „r, 9„&; r f M E d a m O 0 f! C ^' �S 9x 4VI to J N v z �_ @ If M ` cc 10 p u 16F erM� fF Z M ry t# Z Q �j LL p} i f r d o C �' Q {r�a m 01 p l r a ^� rn ems p E to .i Y J Q E to N to Q ❑ 7 H W E c X Al,t , �-. N O ` Q #'Pd ',, N C , 5 I� k f C C N j g g J J N O J 7' E g _� ry 9 C V1 (n X 2 CI^,I rtr & N d 0 p Ot w N{"Pp wx t O ` OD J a N O N N+ J g❑ W O E O W v 7 y: O N a„„�s «,;. �y .,, c u m 'c c° v i d " h Y s E a g E Q p l7 l7 m l7 y c m c 'D E c J J w C7 m O `�' r r Ai O m m o O 4 N v W W L 1n M C x m ”. y io f u J c aw Z c E °' .a u1 N d :p '” m Z o p ro I flM1J Arc { X 1p Gl 'O w f0 X Z ❑ C 2 N N N N N y N a N U 3 W �"f a vooi N"b. O O 7 11„ �” A N g ~ E O` rl N — g N t0 C 7 li p rl E \ 00 aE+ C C7 1� d a-1 O C r+ d r„a PA: M O M tloj C 3 x i0 x N x c0 a� O d t: LL d d to p 'y J ti a"I �a"°, 00 X C u1 N an J d LL H w z O I E O ❑ J u Q O 1 N d W In v .... ❑ d V 0 O N 00 L E N w m f0 pj N OG to G U t0 •O J d p E 7 Q y� CU O O O V_ M W z M N ❑ W V E O L GYt 7 " LL ”' C O L l/TI L Q e? y E i i fv d w .-+ i O rl o m y d o r v V m .� d �m G L r m u d p c y�j O '~ a o❑ z O Q E N o o m Z a z M a {. ,. E n w d v c o r o LL Z °u u z m— V m U m o d u a a a v 3 c v eo c D E w O m.- r J z• Q i a O c '— v m❑ O C_ v ° O z t� r..",. t In X W LL ''... 7 w>> U ''... y :' N= r u X o H V Z L— V1 LL E W to to Y o u o N J Q a W a 0 N Z W Q o to ❑ J Y Z !"i Q �r H N M to tD h O Ol O N rl N N rl M N a N to .ti O a -I h N 00 N Ol .� O N N N N N M NN to N t0 N h N 00 N F O M M M M M i11 M M 7", M M?r 756 C-4 757 MINIM* *�immm'ig r, cn r., to po ir� -T c4 -cr r, N LA �i w rn In In ap " r� * In In In F, w In -tr In Lb In to v qP 'y 6 I- j w la u -Lw --- ly cL rl—w -Tr 0 M ca '11�1 CL � '" U r -9, —9--E' -;, ' ' 7r in C; E 'A -M -2 CO 1, co tio 00 , X m v ' _ en �5 en E w rn D :3 Ln eq > Z E W ti 2 E U2 111's (o = V Xen (I ta r_ C o .5 x 00 < i2 Lon x C-4 . .0 ta E '4 E 4 X Ln I * to E 0 0 d E O 111111 G 00 a z m X- m m u v 0 00 -9 -T c * 'n 13B E Ln '4 E Ln 0 0 it CL x a) x m w g 2 rn a C' >� u w = o` u m cc W , co -0 w 3.1 rn tw "0 u 0- C) E 0 111 Z 0 00 w vc 2 m 0 eq (D -A-- in M T 'n x "Ume-ue-2mco - CL 0 -r- .2 4, v . :,z r E .:' -Mo. -- Z - w cc ca E cc < m 0 0 Q 2 0 = 0 7: aj to en V) CWL Mu 82 -6 0 a' in w CL - C) -13 0 M 0 F- j-- IM 6 E V .2 o to 00 -0 m w v) = c 0 K .2 E w m L; Cc m co x x (D .LT E w> CA w E 0 z x w 0 -m LA 0 u ]C < x .0 w CL L; M) x 0 o C4 a < ■an E 0 Ne < 0 w 'r *EL P CL 2 0 x -2 m w < 'e CL 2 w > If m -(U he '2 o E_ z n w (D ED li -2 00) at'O u w C� L; L) u w 0 ap (U cm 0 -5 > L; u 0 C, L; w 0 CL w 'n C� " - > ('D WS vi .ti 0 z .2 z e x 0 Oj 0 > - E - u lw Ln w C� CL Z z 0 w- 0 '4 L; u 0'1 N x E >m M m r_ E m 'A 15- CL 0 m Lr� 0 w L; L; 9 O U N CL t; m LU co m .2 vi u > > F, CL w L; N x 0 L; to m CIS ID t7 O e U - Ln 6 F, 2, M, w w �'04 -w > x w 6 14 en CL m rn 9 6 Ln cn d, m LrQ eon eln M M " - x W 0- 6 2 , " N m = .2 ko Q �O Ir x L, CY cl C: Ln *b II U CO N YC w l0 ei m In cy tj If - --.lR M -- — — — — AD I:rh OX 0 a 00 QQQO OO OO QOOOQO 000 ' ' " '19 Ln M " Ln N 1 Ln 8 m w m a a In 0 N 0 r� w m 0 1, M IN '0 M 0 " , 'i r� q CIR 00 q Ln " cn cl 0 't LD (r? 't 1� 'en a! Ln IN a vill cn Ci 5 q cn In N N (A C� (n 1 14 6� 4�616,,-� ,,i -i 4 41.4 .61 rn eq od . Q rn 6 io in M Ln r, N W I �r I cn �� I clq N LD lu V-4 14 M 1 W4 col � In lq� 14 MINIM* *�immm'ig r, cn r., to po ir� -T c4 -cr r, N LA �i w rn In In ap " r� * In In In F, w In -tr In Lb In to v qP (o ci Li C1 c. EL -m x Ln ]C < x < x < < x < < Ne < he x x he 'e x x x he x al 1:13 ED li m en w w M w w to m 15- x L, CY cl C: In tj AD I:rh 0 al e'q fY lu "1a ri (.0 fL E 0 J�: lu C C:cl: al oD m z LP > V m * M< F- C, T I'M Qj m cr! in 11.1 E a� 0 to a N E , > c' A (D E o P'l =1 C 3 'u cL en I'll " . m m o a 'c rj a S In .2 > E Q C-4 a "ol v �tar aj 1 � coL '.Q cc 01 I c5 fl� O. E (D 0 w Ln o, w -t-z dj V m >� m o tn uj Vl> "A m -6 r- m < aj 2 2 o6 '13 LD E -13 IV "a 4 m ww C X '4 Ln N N 15. rL to (u 11 m -1 o E 'q 7;1 :2 E In r4 -D Lon -1 c cl o 'a` E E F= cr 0 -I -a oa Q m C rL 11 kxo rn o v) O aro '4 '4 a m 2 =*'u I LL' o0 'q aK E Pic aj u (D m r le m bo fq m &o 0 13- -0 E :2 m 7E 2 x %D In -d In co E 2 z 0 M e'u o cc -lu 8 LA - m m co 0 0 0 Q. < u ol -6 e") E o u w - m o b 'r- .2 Le m fL fa It 2 0 E p u oma Y" c) 3 oL a) J; a w u Z U > u ra 6 (u -2 a�j E o I -6 co E, 0 < FL AI cc a is x In Z eL w v) U IN < w 'm Z w < 0 m z N eq m -cr Lf, w m N m I In _41 w 4 oo I �71 to 4 '4 171.4 , '41 F 1* N Ln r4 w N r, N Do r4 a) r4 a m in q cn on en In m 'D en lr� 'n m�m c' 0 �q .... U, 758 cq 0 rN 759 Al" / Ln En '.w R x 0 Q'I o m 0% N M N O co M d O M �lsp 01 O1 cn n E h h Ln N 4o M co N pp O1 N 0o Ln m O1 N Ln a Ln h O N 01 a -I w 00 0) c m O m 00 (n �O 01 l0 l0 M 'y% M M O N N h O M X O h M .-1 .-I Ln Ol Ln rl M l0 lA O Ol 00 N l0 l0 M v1 •y aa c in l0 l0 M l0 V O m h M M M 00 00 O ` N ''.O cn N ''..O ei h O1 h M 00 W O O 01 N m N E �O V ?` h N 0 00 0 0 0 7 0 Ol rl m N N 0 01 �? at N O N in O .-� M �O a p p p N Vf O oo M N O N p N QQ O l0 rl O O O h C M A 00 �O N OD M 00 01 htO rl 0o M O O O h -1 M 0 h 0 l0 >. N a' N '-I 00 ei a M -1 O O a 01 Ln � m h h a-1 N rl '.4N h N h h l0 l- N In '-I lD h V) rl N Q N N N N M N N N rl Ln N''..A N N rl # # # # O' # t0 # # # V1 # # # �••l # at # # 1i i! # U. # 'k # # # # kn VI VI VI l0 N N VI VI VA H CA Vf VI O V) VI VI N ry: V7 V1 VI to VI VI Vf N VI VI N S 2 2 rl 2 S S 2 Np 2= S 2 2= S S 2 2 2 S S 2 S a oh a = � H N Vf N III _ O o O o O oo O p 0 .0 O 0 o M p 0 O O O 6 O p 0 0 0 0 ''O O O O O O o Ln .+ a m m N �c h o o rn m o0 m n ti m woq m M m m ry ni o wi .ti m w tri W4 v N'...M N O O O O O O O 'O O o OO oo O Q o 0 0 0 O 6 O O 0 0 0 0 0 0 vvv,�vcvcr-It -Itv M M'.M M M MI M M M fh m M M m m m W Nr1 W W ua W W ,n oIN 8l LILS 8Il818181l8 omo• a a m u aho• m v ry o a N N 0 f r. Cl �1'i. Ali ,W P. °q"qbE m m W a -I O I E o " aP° t; o v z Pim 7 C " f4M 4Cl J b�" m v u rr"C 41i' Z ^ " rp Z m J a E I> ad k®a ' 1% 1J Q m ! E>> Ln to E c_ k O �% Tb A. m B• iRE �." 01 _ N V1 J N K _¢ E N Z O O P �' Z.a en ` O # ;d �: 7 `am C 0 b F C N' J O J Ci `m c x a¢ zt, N a 3C E 00 E."', br Y � O as P r m a o air b u,b o a N "' N a r2 m `i' oo E E Z a o 3 a� x n.. a z em u al J E o (7 l7 m v w m '^ ti w `w sr' !S -2 >. ^'aG%� i f:.�� m'i o v fiY m �Ig¢o g V' 0o 'r -o E c�t7 v o >< a u Z M m p - m Z o o m v N w W m in 3 m c m `w u o C eir c E" Ln N ai 2 ai •° 2_ rL #,u a/ N W 4! F o. a 00 �n R O l7 p O 0 ti,k k1Y X O) Z V N N °• V N t0 v m x O c= .•i N .-i in °- U o ti m N o y 7 r .moi N `L O .-1 N g N c LL x!:�� s b m o m° t '�° 7r x x x a LL o_ p 3 LL ,: 00 '^. ii w° °� O (� u L ,J 9 m w c E m rl a' E a F f.6.` 'O t,� C i Y m N m O` C m �" 'D �" l X N N O L 0) N N y O M U N 0 E w N N OD.. C 9 lLJ l0 -° J O E 0 d O O u_ W M N w 2 V L 1Ya 0 LL y G L Q 0l N Q 'i O N p N O u m O O u O G O c' w Z p Q m Z m p Z Z m ° m t7 E s r m r o m a, r a m L m d c H o? , o E o oma x E y— c° o o u m ._ m u v y 3 n c u y O i 2 2 p 0 a[ m m 0/ m C LL Z j } Z} U y U O a y Ol O N •O C w [O J Q O y M ° C d F- N X W m _> > l7 U> > t o N .c = E T o o o W a a O pp d F 1� ^ 44 ''�.0 X V1 z A i1 W V1 VI Y U N Q'W V7 Z W Q ✓1 0 J Y .-lam N......m In t0 h 00 '',r01 O „y „Ny N..'''.iti''IN ti .h -I 'ml IN NIN IN NIN N XN N NM'..,M m m M,Jm IM N 0 ti m a 760 0 r4 761 E . m = 00 X 0 k 0) x en x E N 0; d 0 61, .0 Ln0 0 q Ln mx Lr! - a ko m m (A Ao 0 4 r� 12 m v! -o N u u 1� LA A 0 co x 0 ca m 14 �4 0 on 0 co 1 co z cD Q Ln c� m c:, D co Ln V L� B, 6 Ln q 9 GIF 16 1 b X 0 m Ln m x r m 4 M F. _ > < 9 �, c M M 1-4 E Ln w m m m rn eq to ca ,2m_g E m ;-m- 0 :i� cL 0 Ln 14 co 'D m c m wo r.:, c9 ce K - Ln "t, E w 4111", r co '— E :fi E E E :'� E w :t! E 'A ft E E rL E 2 E cc 9 cr 9 w e E E E E E B cc 'R cr rr E E -w c 8 E 2 fn x E "— i_ U 2! E B w 3� E :i� E E -w 2 E E E E -'u vF 5 E E E aj E 0 Q) Bw — z :5 Ba, m aj m 4 :5 4S 'n Ln N Ln r4 CL CL :L3 :5 _w 1.3 _w _w tD M -a 0 m V! 00 w _w -(U 4 X CL E E E m 'L M 0 00 C.N. U 0 M 0' M C,o D .0 , CU 4 C a) Im to 'E :2 LO f 40 iz CO " E w E MM o sd"r—E 'r- C 3 z u u m -2 ki u . v (u .2 3: 4, r W c u *0 a .0 M 0 b 2! > 2 = u cn x .1 aj z -.r- --f—L E tAl %OA � C)n L O , Ln mC4 -I C-4rl o'0 aa�- I 0---T I � a ---m aq-0 � `�::` � 0 0 1 0 1 I u Q u x 0 m m m m . cxD I g, j R u - .r- I0 xl'w'-- � f0xm µ co0 0 00 00 mm N (n -cr 0 In w w m ri m 11 Ln i, m HIM w u co , u m m u 0 Lm w m S m to m m m -Lru— '� -1 -W'-- I x � X2 � m m xl -.r— � jw-- �� jw-- I �w I —.r— I m w � x mz 2 0—E > E E Lq >N C a E Ln cq Z aj N J J W> Ln CF < > E cc CL r4 E 9 c6 Ln Ix E E E fn a, E :2 Ln cq 21- lu a z (D " E < E -W Lon 00 —E t w 00 -�a 0 0 E r2 Cc , n e E < 6 Z E C:, 0 0 2 w z u n z u E uj z d . ;R .2 EL < 0 < E o- 0 03 0 0 z Lu w CL w <z -r °locm,Yzalder 762 61, OU z .1de2'l B, GIF 16 1 V 4 T r E c E Ln E m 4 10 'D em z J tM 4111", 00 m al -. 1 E 4z Ch n C rL M 12: c 'n x 't 'Zo td 0 3� "' x ��! f,� en 2 vF un V) Ir_ aj x 0 Q) N� z m aj m 4 CD �4 z 'n Ln N Ln r4 CL CL :L3 WW 1.3 £v 2 tD M -a 0 m V! 00 a 4 X rq X 4 X CL m E! CL m t - m 'L M 0 00 C.N. U 0 M 0' M C,o D .0 , CU 4 C a) Im to 'E :2 LO f 40 iz CO " U MM o sd"r—E 'r- C 3 z u u m -2 ki u . v (u .2 3: 4, r W c u *0 a .0 M 0 b 2! > 2 = u cn x .1 aj z -.r- --f—L E tAl %OA mz 2 0—E > E E Lq >N C a E Ln cq Z aj N J J W> Ln CF < > E cc CL r4 E 9 c6 Ln Ix E E E fn a, E :2 Ln cq 21- lu a z (D " E < E -W Lon 00 —E t w 00 -�a 0 0 E r2 Cc , n e E < 6 Z E C:, 0 0 2 w z u n z u E uj z d . ;R .2 EL < 0 < E o- 0 03 0 0 z Lu w CL w <z -r °locm,Yzalder 762 N 763 J O 0 a a n 00 0 0 CD (D (D C3 010 0 CD 0 m a co 00 0 Q Q 00 0 m m m Q r' I'. oo� W r� m rIt a! 47! (n q w F, ,4 Q Ln ll� r4 lzt li cq M cq c4 oo N cy) c4 14 Lm m rl to op a? op m co co cp op op co ca m a? a? cp 19 6 0 o o 6 6 6 6 6 6 6 6 6 o 6 6 0 z z zlz z z z z z z z z z z z z z Ln N to w Ln I Ln Lo Lq . F ,4 o6 t6 uj k6 -cf o6 6 oi ui o6 (n 11, Ln 0 7R, rq I I I I m InC" mm t0 h In 10 M M I"" *m" 'Lnn6 *L -n F�n In F. 4 L -n r,! Ln cN !fl I ILL"; .]., I [ I 0 (u w m -- -- -- -- -- -- 1 -- 0- �1- 0--Ir�:-s 0. — .0 -, - Ll -.I— ...- �& in x 06 CL U) X ED X 0 U 'A x x = 5k P N �q 0 , o m In Lo N L) O 0 a a n 00 0 0 CD (D (D C3 010 0 CD 0 m a co 00 0 Q Q 00 0 m m m Q r' I'. oo� W r� m rIt a! 47! (n q w F, ,4 Q Ln ll� r4 lzt li cq M cq c4 oo N cy) c4 14 Lm m rl to op a? op m co co cp op op co ca m a? a? cp 19 6 0 o o 6 6 6 6 6 6 6 6 6 o 6 6 0 z z zlz z z z z z z z z z z z z z Ln N to w Ln I Ln Lo Lq . F ,4 o6 t6 uj k6 -cf o6 6 oi ui o6 (n 11, Ln 0 7R, rq I I I I m InC" mm t0 h In 10 M M I"" *m" 'Lnn6 *L -n F�n In F. 4 L -n r,! Ln cN !fl I ILL"; .]., I [ I 0 (u w m -- -- -- -- -- -- 1 -- 0- �1- 0--Ir�:-s 0. — .0 -, - Ll -.I— ...- 764 5k P 4V Std 7d 2! 2 CL V W P "'p,SY Ln Z 4 ,!u K 00 4: z u M - i LA -V C) 'D M :3 z aQJ Ln w N J VI fY Q E N z rn X 0 cl -;Z N a > E OC r•1 N 'Cl E aj E CL up c 6J .0 CL E 14 R 4 t tA E bo '6 6 LA O Z5 F "A -�i - M a A) E, I f Fn W 2 Ln 2 C4 0 �j 06 c C7 z T 00 ria m x to x w u 4 rl In " Z n , CL U :2 CL m .0 0 W Ln < cc u o C) a m oc rn .0 0 -0 to > -M x x r44 O. 1-1 w x r 'r! r,4 E P ca o e -IC, Z 0 e E 0 Lo 0 f 4 0) 0) U U m W m tID .0 C C3 M E W :2 CL 7 w bz 7E d M = Q 'D m - - 0 o E - 0) 0 cc N C> 14 u w, f 0 0, 2 u in m 0 r- 0 : 8 .2 CL Z a O< w z mv z U z E m CL Z q r -E di Z r- 0 -, E . 'i Q -0 u m W ho 0 0! CL '0 �4 0 u cr o E u 0 1 0 x C N LL > Z W u z > - U U . , - .0 0 W z cu E 't�- 0 he 0 U co O. m x i2 ul x w co > u x Ln Ul Ln N cmn In ID r4- 00 (M 0 �l N rn r In qD w (n 0 �q C'4 en 'r M u-, m w M r, M co M a) M 0 �W 764 A Co 17 ld/ Aj tq 0 r4 765 rl C) >1 Lr� rq trr, r4 0 r4 m N LA c 'I N t4. co N CD 0 0 (c� N� Iia ( 1I Ln � cl! 1 000 00000 NIZ12HE �zlzlzlzlt. 11HZ ;o X 8 00 2�2121 �2�l2�2�w w M M�2M M121M w w2�2�2�M21w 2� �Q ca co co M�w w M 000 00000000000000 0 z z z ziz z z z z z z z z z z z z z 9. 4 V fIll z tdF W 2 AR a d) 1 C8 E Q VO Q, IT, E M in 'a z mtQc> 0 00 a) T�b NW > en c > w cU W m vi O �p: a? Ln Z, ed CL m x 2 O. 2s V z C Ln d 0 < - > E ;2 Ed. v) m 0 f"f C5 el O• E m n 'A tto uj oD E CJ J� 4) = �z T vi rL 1�1 CD .q -NE t 2 z E -�t < g 2 2 o (D o6 c E -E LD E O X 10 -6 c5 x a w M A n Ul Ln cN iF tu m 'L c aO S co a u u — c 4z E E Ln c 4 " -a " 2 Lo 6 — o S w z a < o w w Z v) 0 19 �: x 4 x D. - 0� a 0 , , - ' c o tw cc -0 - 's. -a - ta s — Ne m r4 m t 15 - z E co 0 z E < L L w w w u tw bo oo E JT > r_ u o (D E oc Ljj a. cc M iB Z u .2 E C: Bw g 2 Q E 3L u VI r. 1� C' �: c 2: w - .2 r.L z < E tu Z.,' -2 Z — Z m x fid E a, 15� -D r .2 E Z Lu u IM Qj 41 E tka -o '5 "6 D C) cc < FL 0' 2 Q O 2 2 w 6 :t:: 5.5 c 0 j- 'A x M > > _cu 0 A z L= M —�E a z v, z lrqlcn �tjLn wjr -jco�,m N I en -1 -�r � Ln tD r, co cn �4 o " N M 'r Ln ko cnl N cll� m m � N m I m m -zr m Ln m to m1m I, oo m m mi.* ei a c 0 0 CL L. 0 m 0 C11 767 D r a W z LU D U J Q N m cc CL E C- M rl N O O 0 M L O N O L O o 4-1 u J L OQj J -0 = a��i U Q D s N cn LU 0 � L a� w � Q °J _0 w (D c N 4,- Z0 O a- Q) m V) cc� w z O a 0 z U Q H z O V J J Oz U U M N Ln O M M v `n O O O t 00 a a) 00 m M O N :0 O Q V) cn 768 \ f ƒ 0 2 / or 2 \ 0 / \ 0 \ \ 0 ± % � % J \ / 769 ± j .7 \ \ \ .\ � 0 / 4 m Ln y / G = 4 2 ® g d / 4-1 2 / U f — _ 6= 2 a % s u J y y o e 0 U / \ 4 2 / / 0 \ / E U � o / u -0 � d 2 m 4.1 & / / \ / / / \ � / E o C / / j °E G 0 ° �LO} § / + 0 / t / v 2 2 \ 0 o ƒ § / U \ /m / o \< > z'-F— 0 . c E .z / - / o y 3 \ / Ln q .? g % c LU y U 0 m o 0 co t e-0 s ' 3 2 ƒ - \ Q \ 0 0- c \ E _ d 0 e e 0 y i v I 5 \\ j o 0 LO a % CU -0 e e 2 = % / D \ 4 ® ® - 0 E \ \ § 2 \ ƒ \ ^ '2 '2 0 ® \ e % � w / v v 2 2� e \ \ fn 2 % 2 0 o j » 2 u % 2 ®� t \ / /CL 2 2§ a/ CL N° m 6 e a E e ) _ m m :E u / / / \ 4-1 ® \ 2 { 3 ) % § 2 2 §Ln) \ 7 \ m / Ln t 9 \ \ 2 § e 2 E / \ \ o � 3 e _ § m o � y § ^ & � u / / / ƒ 0 0 / e/ m % o E f E/ o_0 o o>= o \ o o 0 4 U 4 U m 2 u� c » g Q R o 2 \ 0 / \ 0 \ \ 0 ± % � % J \ / 769 or : / � � _ 2 _0 � E 0 s 0 y \ / / / / N s � u \ u s -C � % / \ « ./ 0 e � _0 75 � \ 0 / d � 4 E o ƒ _ 0 0 \ 4-1 2 .g J y u e a \ y - .g \ 34-- 4-1 - 2 \ m ° \ y \ u - \ \ 2 C 0 / \ « G S u / 2 5 2 Ln y y J 0 u C- Q) E u d u % � / < - \ d E t 0 E % U u \ 0 m E4-1 \ \ C) Ec \ c o E — y / f f - 2 C: / 4 2 \ p \ \ 0 \ f \ \ \ f E '§ c \ \ 0 E / 2 - d \ � .g \ / 2 / \ / � \ / < \ \ 2 y / ƒ � \ m / 2 e / % E Lij 3 E o \ / u 0 \ s e Ln � u u R U / , \ 0 u \ 0 U Q) � « 4 f / / Ln0 0 2� t \ / � Q) LL �\ 0 2 � g 0 / \ 0 \ \ 0 ± % � % J \cn / 770 or r- CL NO• O U- I a, W c � 771 4- U v 0m n 41 v N 4' p CL +, ami -0 v o Q O 1° L m U - M 0 _ E .0 O~ W -1 0- c 0 4- ° a — +_+ p to E `2 0 L = n � � O Q fl' p � O OU m Wor- U � c� 0 'U N O '� M N m C E'c Q 4-1 p �O L c p- U s U L � � L N p c_*a _0Q1 +, O - + C — Ncu i N m O — L L +� N 4-1 N1 O O +- p 4' U .— t v N O N L C4 -4-Q QJ L to L 47 41 •� 4 QJ E3 (, 4- Q a) � O � +, o 0 O C -a O -p O v CD p '� v L) o v v Lp c p 0 N c O V)O QJ C L 'L OU N +1 O NU LL O U � c L c 7 QJ 4-+ Q d1 s O Op vl N } Q U t to QQJ 0 w O _0 s 0 cL0 O L O a) Q E Q O p :t! � LOO u� a 0 m co mC14 L 'a 4- O O N -0> O v a--' N O O O U P O c 0 4J L- L)L (n +' QJ O m N 0 0 O- � O _ O L N L O (�p co V 'O Ln v ] L O N CL t.' (A � N N Q) U ru L O Q v c 0 40 m 7 O -O c U L QJ 4' C CL 0 t +-j cB a m N 3 3 p �s m O N .0 > O - O L 'a N-0 L cr N Q.) c V N +, U L L 4J w W 'a _0 N N N E m O t +' 4- 0 Q) O Q .0 C -a Q1 O m Fu O aJ +1 c -a_ o c E O >pU O O C AcO O cu QOL0 4 -Lw c NN s 0 m c c L m c' v O 4-1 Q) O 'M L L �% U N E L ate+ U c p Q) O -0 M _0 4-1 U N +•+ OU O u O c0 O c% v a) Oc Q� v N m Q QJ O O U ++ O 'L O_ o O N� +- L- 4' c L QJ O O � a- co N QJ Q) LL L > Q7 p O � - U O >. U 4--+ O p A -0N w cca 4J w c -0'O � y� O � -0 n 0 40 c 4- c f6 QJ c C � c QJ � O •O CO 0 C N L1 O v' V -6 E u Ln QJ L (V L U N (� C N O � > � O — c > a"i cu ami a� Ll -C v o Ld a- m m c 3 7 m L N L } lD � P .c Q .I -- r- CL NO• O U- I a, W c � 771 ANN @ � ■ Q ■ M & % @ � � or 0 3 \ y 0 .2 / — - / 4 .g 2 4-j 2 y 3 % _ / § •E e o e y § -0 u 4-1 § _0 0 4- \ E Lo / § / E % / E e z E �Tn / \ 2/?\ o ƒ m <Lo/ � u E 0 m n m m / \ 2 \ / a 0 o 3 » y = o � / e c / 0 4- s « u 0 7 E U 2 \ ° t E 3 m 4 4- < ® 3 2 ° n 4 / m m \_4-1 / 2 ® \ u - 2 \ 0 2 \ y \ e / u .g » e e e e k / / 0 \ \ 0 0 U u 0 \_ / / 2 / .o .E e E / § 4-1 .4-1 / 4 .0 \ 4-1 m 4-j 0 J / \ � -0 3 � C .s t % / tw 0 -0 � _0 o \ o- \ -0 S � > 2 0 0 e 4 E y § E \ 2 0 d E � ƒ / 0 / - 0 2 e % 0 � y / e / � & % /2 0 \ 0 E" / 2 \/ \ 2 \ � / E /3 \ / 0 Z3 9 = \ 2 CT /2 / G Lf) » . / 0 Z: � k q 0 U 2 � [ (U � (D E 0 � 0 � 0 u 0 /\Ln / 0 / \ 0 \ \ 0 ± % � NO J \ / 772 m rl co C'C) N O z CD N CL) 0 - CDL Q D N U 7D QJ E QJ } iE N w z Q 06 N z O N W z w Q N z 0 N W N r -I CL CO Q � 4-1 CO U _0 (D V) 0 N � } -0 CO m o - m CO N Q) 4-1O O m Q •- CD N N QJ '— Q) E3 O s O N i V S m N � a) m '-F- V U O N Q W N O .c N N -0 n u O +' L O z L a� Q O o .N v a� QJ`— U L +' w C O U > 4J LL m CO O O oL U 4- a--+ O Q N U L f6 QJ U L 4- 4- Q) -Q) Q N 0- E0 EO OU > QJ O > O L L N ro O a�0 (Li E s -+-NO :3 4- 4- (1) U 4- N N N Q O It Ln O lD LO 6) O O r - Ln m V) O >I O C O U iF I timNO O L- I c � 773 ANN � � ■ Q ■ M & % @ � � N e 774 m � o / \ \ 0 � / � © « \ 4- M » _ \ / \ / ! _ 7 ® / -0 0 o / \ % 0 \ o 0- � » s = / .g - / 4 0 % \ 2 24.1 E 2 e E > Q)k Q) / ƒ : E / E LU / / \ Cl 2 o ® m * u z o / / 5 / Lli c / § y \ 0 E4-1 -Ccc� \ C) % 2CJ = e / 3 / \ y. E CD 0 Cl /n 2 # 2 0 0^o 2 / % 7 / o / / & S \ E c g t d\ LL c U E �� 4 3 0 _ / / & y c c o c o_ e / / \ / a a , » co / / y y y \ .> 6 e w e ) o 0LL 3 / \ ® \ ab Ln 4 0 .2 / 4 / o Q y / a 2 a e a y ©a) c \ 2 \ § e Ln -0 � * - \ / G %C3 m / C % % 0 % } \ e e 7 $/ 2/ c e c e 774 m m (Y) N O z m N CL) 0 - CDL D V) U 7D Q) E v U ° Q) O t 4-1 E O O Qj 4- 4-1 a--+ f0 E N Q) U N x m N N a-1 N N +- QN1 � QJ � E b.0 Q) U C E� L Qj v O O_0 W M `~ °C . N N U 4-1 � E O L c1 > i o E 4- v) - N ~ O Q u U Q� N }- i N 4- _0 Q) a40- 0 v u v O 0 u 0 Q) O c v 1 - U O c p p QJ +-1 CL u `o 4 C v > v Q c Q CL) 3j O Q) O 4-1 � u Q t O — v ao v 4 -0 = v v c O O U O — N U U0 c OL•4-1 m O U c v D m m y O N — > c v� api O c v > r u Q `� O +1 4 -00 U c O � N QJ • .� m 4-1 11 CL w U w x Q N V) W z m O LL I 00 W c � 775 N ° ro Q) E N Ln v v L m O = Q x m 4- N m = N M L m N N Ln N ' 4- Ln CLO 3 O c c N m Q) N - U c E - U m ° � c Lm p Ln Q1 4- U N O O U � C m Q QJ L QJ p Q m L�- ° QJ QJ Q - Ln � a) Q1 c 0 4- Q O O U N U U m O N N + Q 4--+ 4- Q) N N a, > m 0 -0 E E ° °' o D > E U O 1 O 4- Q) + aE co Q) U Q) QJ Ln ° U QJ ` L C c wN O m v U= z 4-° 4 4- DM E °v m v -0_ Q) m J E > U U Q Q O O U c �_ Q _ M O 2 + U N N O O Q v ` 4 O- r --O c cc � — m v c o m Ln m c O o a� U c QJ =+, Q c O of N N 4-Q U U } N Z3 - m 4- Q) U — Q) O p c w U Ln N +� m a-+ Q) Q) (D m Q QJ c QJ 3: 'EA) w E +, N 4 W o Q) N Ln � > Q) °J N m U CA O co m Q ° CO > N QJ Qj uo C) Q) L7- Q Q OO '4� �� a--+ � — +� Q Q m M O U- L.L L N N U.-` N LO C Q) Q Q) i i D C � N Q,O v r Cl) � .. m � c Q O O c c o c O O M \ Q) Q) 4-1 m p wcn � O Ln p + = m Z U F ---N • • LO 11 CL w U w x Q N V) W z m O LL I 00 W c � 775 Q m rl m cr1 N O z m V) Q) 0 - CDL Q D V) V 7D CL) or U) C3 CL Q Z V N Of X N N m t V m m N N m v ov N Q o � N W M CC U W D U cp O 0 0 J LL ai o O o w 776 Ul v o a, v E Q) L 0 4J [6 E O O 4-1 E o v 4- + + N N N 0 QJ C N 4-1 a V 4-1N O LLn 1 O 0 O o > L O O_ u 0- o m N O > c L 4-1 N C C C Zi v 4-1O O � v C L N QJ D E E V +-+ Q Vi \ X N N to m 4-1 N N % C Q) V aJ 1 4J M L u aj _ p + X O } m N Q1 4— Qj > ; 0- NLn L p E O O VLn Ln Ln O L Q Q x L •� O U Ln (B Q Q (6 0j Q w N N v a p �_ r6 0 O 4-1 L c QJ E QJ ca N m o o :3L-0 0 � `� o E U� E x m Q) 0 a� Q 0J N w L N L Q O N > ro O u v p Q 0 0 _ O } _ L w 4- z O L O v N c}o N O Q) N Ln 4- V Q X wo O N= v 0 x D o Q v > +, N a� > v Q o °J N L L 4 O Q (D L U)-1 > O o v v �_ E E �,� L +� +� c ru4- J M v N p N C6 N> 4--' Q 4-1V L '— V N 4 C Q- QJ r -I N -0 a--+ N O O • O (L)p L > '+� 'L p O L L CD- � QJ E 4- Qu V M 0 N M N V to cn QJ o _0 -C L p 4- L vii - N > L a--' 0- 4- 0 O +- Q V) N CT M m 4J E 0- Q v .� L v E 4- V_ 4- L v 0 COm E� ca +� O p N� L Q 0 L 0 Q-0 Q L +, QJ _ — •N Q Ln m•� C -C d1 `n m U p V v n L } p `—'� C--- E p 4-1 `~ U 0 U 4J .LQJ xoo U O N O - 4-1 N m vi N 5-U') O} ~ O N Q N `~ Q =5 Q 0 U Cl) +� N N N= V +- dl N +, N N v N LLJ > 4- 0 }' C° v v � N a� - O V Q -O 4 o > 0 C by Q '- L O 0 O0 O c`nn N N N 4. L a' 0 z N m o o f - o Ln QJ0 N N V c6 bA N U 4J 6 V +, a O — O 4-1 Q 0QJ M C) Na� 41 QL > Q -0-0 M, ac o V N m o O N N O M N LU Ln �V - N Q X -- -- VL N V) — p O O >Ox M t 0 LL O CD 0 ra N 4-1 O M NO .+�J -0O 0 O b.0 v � O N4-1 L s N (D E (D cr- m E w M U O O v c O +1 Vi O D -C c O N N L N ro w m U CL O ro L 4- a� m N Q o � N W M CC U W D U cp O 0 0 J LL ai o O o w 776 m r -I m cr1 N ° z m E Le I a� z O a U w U N LU z Q a O U 0 w N z_ D U C/') O LL c O p °v c � 777 4, U CL6 L U 4) c ° U C 4) 4- O °U •— C 4- O-0 Q i p .- 4' n U Q v t10 O m A Lf) v p 4� � 0 C 0 — O OU 00 Q 4 O ° 4) O N 4) U N Q > ) 4) 4) } O 4- O 4) O = 4) c/) • `n O � mc0 L L _0 O CQ C O 4) 41-0 L O ra �n U Ln C QJ Ln 4)'— 4J Ln > > Q Cis C6 M ii -0 :3 C6 4- 0 .— 0- Q 4J (D i-� Q L- 4) L O � C6 (� }, C6 C O C 4, U 4) O cn n LY) }, 4- C `n v O C:- 0 E OU Q U -0 ° Q) U) 4) U O 0 m N 4) Z3 n c0 � m L Q cn � _0 In � L LOQ .4� 4- 4) O O OO 4- -0 O U � C6 4) ° i U m L L c O 1 v n 4 C +- U M O +- w 4-O O u 4) Q m Ln O O > C0 +� UO E O U O cn > � U } -0 N E3 m Q _0 E-0 a o_c � a) v 0 4) tv — N n O 41 +� w O +� m - 41 O O U- E ate- Q X N CO N 4) U 41 U E C a m 4-1 Ln E3 -0 z p Z,CD- U) ° 4- V).L Ln >- Q U i w C N 4-1 U O _0 C LL C Ln O i >j m- m m C> ° 0 U C� �-0� C w rl Co } C Q + CO DO LO () L Q 4-1 z cc o aJ c° m n 4-14-1 v Z3 U- C U C O Q m O C 0= - O lD m 4) 1- 4-' N U O •� Q p `� O ami cn +, U U Q Ln J LL W M L N v -0 C 4) o a-+ cn No •- _- 1 o O z +1 m N Q) Q 4J cn cn v C '+� ") 4) M .0 O � C _ C L O U 00 O rq -6 rB Q) O vOi bA N Ln 4- Q �- C _O LL O 4- O L C C 0 p N oC N 4) m > z (n a) w Cl- 4- p N- m +, 00 C v� +- 4 L o n (n -0 C � p mO +, VQQ)) U O U O CLV) Ln w O U t} > v� +co O t m O Q J U Z tB Q — M O +� 4-1c + Ln a w + v ra > C w > L.J U W N O (° % U m C Q W J U 4-1 U O L >` >` 0 WLIJ 1-1 Q L O Z O Cl. rz p O C C ca > 00 O W 4L Z Qi- d U a L 4) w U U m N Cr C a� z O a U w U N LU z Q a O U 0 w N z_ D U C/') O LL c O p °v c � 777 N V 0 - CDL D Ln U 7D QJ E U) C3 CL H a Q O LLN W M CC U Luz D U �p O 0 0 J LL n O O '+- o 778 L � o O L oo - •o v o °N' U 4- Q +� p a u Q)cn N +, o C E 4-1 bA QU O CD L ro +� v -0 N U a L V O bA Vj _ Q N o N 4E L N C6 UA N QJ 6 LLSI _0> O cn a L f0 f6 N C6 N � L O L Q O E Q O `4- C m Q N v O N N n N p N tv a N N O >- _0 :3 > m Q O L >` Q o Q J d1 C M p N N O O bA N N o w C N U p O +� —_ C CL L 4-1 M O N . p EL, L f0 L V Q L a --i V% U= p Q o N O E L C 0 N ca ra v p Q U N Ql � c � E o N 4 N UO N — Ln +� C o ,(D 4--+ U tzD -11 O C p 4-1 (a +' a� C N O O C N C +-� co = > C c6 (-Mn — fi5 Q N Q '� C C O L C (D •�, Q O �, C V Q C Q1 L C Q -0 L N N -6 +� V -0 .- Q> +-� f6 t1A _ 4-1 4J bA 0 io N N O L mN L -0 QJ a--� v Q �_ > QJ 0Ln +� E T) C L.L d1 0 N L N C Q1 a--� N m m 0 - Q V�o +-+ `n N> co V L N Q Q1 ,} CO > .� Q fly p N' O O 4-1 >� > N N V m N Q v -0 (D -0 Ln +-+ O X QJ f6 QJ L f6 E L Q) o CV Q) > N C +-+ o O C OQ) �_ C N O Q '� p -- > U �O v •N N O LnQJ v V O .N cB 0 N C N N O U m C n Q E O 'N - +�Lb Q 0 N +� C bA ro �° V C L Ln =+� O p p p } Q.1 L �O4- --+ N Uj N -0 }' C C > m o p O p L Q O O LLn L v) i O o L Q 4- L O C in O +� C O C m u N p + N N +� U QJ 4.1 C v Q C C L ON N QJ vi N >� L N tUJ p Ln O fl N � O Q uo -0 >, O O N Q Ln N_0 _0+� L} ca N WC 4J bA E C ca N +� O O C >J C O m •- 4J - N U L v 0 Ci p +� U a� eD N +� L Q LL �-0 O o O E Q QJ (�6 '� +� C N C N +-+ U C O W M -0 O > N C U }' N O C v C M J C +, C LL J v) O C O QJ +� N +' C cn C) p L O -0 CaD O C > v l�D 4-1 LIl (n N p Ln 0 N _ V O4-1 o N 0 0 °� Q)0 0 `� 00 1 v >- ° °J o '- ,� a) 4 ° >- v N = = O . o 4-1 C N N Q + >. = Co 0 }' O V V vC 4- o C m t N C — 4- C Q k v N N �_+ =� a--+ m Lr)0 QJ C N O OO v Ln U a--� M QJ Q •� p QJ -�+ l6 QJ > 4--+ M -0 — }� C 4--+ — � M N L Lr)p � M � C �.4L fD - O C M O V Q Q.1 Q N QJ V Q N N Q U C 0 _L12- ) 0 bA > `L- o C m o C Q m t1A C 'M o +� ' LL Q � U QU -0 U Q -0 0J V m O C Lo U N C QJ E-0 v C -- N N OV N) M L N :� >� ,N �- — N Q � m v C +� -6 +-+ C Q�J N U +� C O Q Ln L o 0 o v E v 6 L °' � �, -0 c °N' E > Ln 41 L N t Q V L o co V N4-1 C O - u Ln �' E Cz v, J N - +� � � E U o H a Q O LLN W M CC U Luz D U �p O 0 0 J LL n O O '+- o 778 m m (" n N O z m LO CL) 0 - CDL D N U 7D CL) or V) z w 2 Q m LU 0 z 0 Q LLJ z O Q U LL LJ U LL S O w L/) z O 0- V) W O z LL S LL O Z: O Q z Q J CL X W cc LL z U) LL CL O LL C O N W 779 L O t� E i-1 i Q) 4-1 L 76 c L O 4-1 (n Q) Q U O • Q ° 4--1 L Q) Q) O Q O ° OU v .� O U f6 00 4-1O U Q) v N cn r-� O Q) E O m O Q OU > N v m L O Q) i cr1 +� Ln > X Q) E Ln Q) L O — r6 Ln c - cn C6 C m Q) �, t1A L O :3QJ a--' �, L O U z L � ° L m O m - Q Ln QJLn LL Ln Ln ° U O c6 C +- U L X O > L c6 n Q) 4-1' O — LU L (6 +� v m Q) m Q O O N z O ci J N U E CT 0) Q) ° m > O. N L)o Q) L � UQ) E � °O 6 > �� , }> O (1) +- Q a) v c °E v w m NdA _0 Q) g - E J O O N m Q Q OO L 'D C EN O O O O '+-, > — cn OL C C Q J m Q= '> U � D n V7 U w Ln N O L +, L :3O L .0 � Q ° 4-1 o v Q O O Ln O O Ln O n Q) N + M Ln r64-1 v U 4-1m Q)LU o c w c+ ° +1 Q v to O U, u 6 v O t20 Ln O + O0 Q Q) C N 4 (6 v L V) m -6L U L z 4- U aJ 4- Q c10 � aJ o QJ ° Ln Q E .O Q) O QJ Q Q)4-1 4.1 Qm - `n Q) c6 L L O Q) L a� LU QJ +' o Q v L - + -' L L v > g-- Q) E 0 Q) �o Q) w U ° Q) O m Q) Q1 n3 U O v Q1 Q Q L [C Q Q) Q) L 4 L ° L O } L Q Q) a, L L � a--+ � o 4-1 M L cc U -0 •°O ? Lna c O •� W U ~} n -1-1 Q M � 4--+ U 4-1O O .- 4-' N 4-•N O L.L + U +, m U Vn N N '� L.L Q) m Q) m N Q) Ln V, wm m U � mmo � Cl- °} • • ° o Q • ° • V) z w 2 Q m LU 0 z 0 Q LLJ z O Q U LL LJ U LL S O w L/) z O 0- V) W O z LL S LL O Z: O Q z Q J CL X W cc LL z U) LL CL O LL C O N W 779 Y l�D N m a) —0- D D N N O ro u c- LF -- L w 0 O 0O w U o z W — U w c LLJ 0 Ln v z a_ Ln � U QL w LLL 41 N � z o 4-1 v � N N c � o z Q v W U o O z z o O v U 4- Q CC U U Q Lu O L w +1 w c 0 �O O C } w w C U m o Q z O Q v v v z Q0 Ln� W0 W z r -I ClC�- LU C7 Q z W U LU CL W 0 O a w O m Q z O cn W D W w O cn W } Ll W a W LF -- L w vI 0O w o z — U w c 0 Ln z a_ Ln QL Q) 0 c v E v a� c 0 a� a0 0 an Ln Q 0 cn M1• Ln LU W z cn 4-1 c 0 U O c 4-1 Ln N O O Ln m E 4-1 a1 +� c +� a� c E °J 5, E O L2 4-1o O N u v � Q E CD � cv X 4 LLJ O Z3 4C- 0 O D >- 0 0 —> U i � Q o LL N W 6 cC U H v Lu U �p 0 0 J LL ai o m o ov c d a 780 m r -I m (Y) N O z m LO aJ 0 - CDL Q D N U 7D QJ E U') w w O J d LL LL O crw m z J Q O D O r m w LLJ LI) Q � 0- CL I O z iF W U Z: w LL LL V� LLJ � � m O Q M C 4-1 CQ C O U V +1 N E D U O O QJ v m O O Lnv m dJ Cl LU U a Ln (% J J LL LL O W Q z W U m W d 0 W x L.L m z w S U Q 0 z Q z O Q cd G O U w U V) a CL U 0 1-0 m +� I � O O U E U ro V a --+m Q +3 N -0 iiLU X W LO O X m N a--' I � U. O LL O > c � 781 RUM The undersigned hereby declare(s) that [firm name] Bound Tree Medical, LLC. has carefully examined the specifications to furnish the products and/or services detailed in the technical specifications or scope of work and will furnish said product or services according to the specifications or scope of work detailed within this ITB. I hereby certify that I have read and understand the requirements of this Invitation to Bid and that I, as the proposer, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any contract(s) and/or other transactions required by award of this ITB. Vendor hereby acknowledges that the submittal has been approved by an authorized signatory with the firm who is authorized to execute contracts/agreements with the County of Volusia. Vendor further agrees that by submitting the proposal electronically, the authorized signatory does thereby accept and acknowledge use as an official record with Volusia County. Further, as attested to by below signature, I will provide the required insurance, per the Required Types of Insurance, upon notification of recommendation of award. The vendor acknowledges that information provided in this bid is true and correct: M Signature 0 Authorized Signatory Shawn Saylor Printed Name Chief Financial Officer 09/079'2023 Title Date Bound Tree Medical, LLC Company Name 5000 Tuttle Crossing Blvd Full Address 9005330523 8773112437 submitbidsfdboundirce com Telephone Fax E-mail Address 070556204 31-1739487 Dun & Bradstreet # Federal I D. 782 Bound Tree Medical, LLC. Is exempt from providing the Business Tax Receipt per exemption #1 1. "If Respondent's business does not have a physical location in Lake, Orange, Osceola, Seminole, or Volusia County, no submission is required, OR" Bound Tree Medical, LLC does not have physical location in Lake, Orange, Osceola, Seminole, or Volusia County. Included however are the Bound Tree Medical State of Florida Certification of Status as well as DEA Certification and VAWD Certification. 783 State of Florida Department of State I certify from the records of this office that BOUND TREE MEDICAL, LLC is an Ohio limited liability company authorized to transact business in the State of Florida, qualified on October 12, 2001. The document number of this limited liability company is MO 10000023 10. I further certify that said limited liability company has paid all fees due this office through December 31, 2017, that its most recent annual report was filed on April 5, 2017, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fourteenth day of December, 2017 r Secretary of State Tracking Number: CU6760952214 To authenticate this certif"icate,visit the following site,enter this number, and then follow the instructions displayed. http s://services. sunbiz.org/Filings/C ertificateOfStatus/C ertificateAuthentication T DEA REGISTRATION THIS REGISTRATION NUMBER EXPIRES FEE PAID ff;;;-907-31-2023 $1850 SCHEDULES BUSINESS ACTIVITY ISSUE DATE 2,2N,3, DISTRIBUTOR 3N,4,5 06-06-2022 BOUND TREE MEDICAL, LLC 2619 IGNITION DR STE 2 JACKSONVILLE, FL 322183555 CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON D.C. 20537 Sections 304 and 1008 (21 USC 824 and 958) of the Controlled Substances Act of 1970, as amended, provide that the Attorney General may revoke or suspend a registration to manufacture, distribute, dispense, import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, CONTROL, LOCATION, OR BUSINESS ACTIVITY, AND IT IS NOT VALID AFTER THE EXPIRATION DATE. CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON D.C. 20537 DEA REGISTRATION THIS REGISTRATION FEE NUMBER EXPIRES PAID RB0615659 07-31-2023 $1850 SCHEDULES BUSINESS ACTIVITY ISSUE DATE 2,2N,3, DISTRIBUTOR 06-06-2022 3N,4,5 BOUND TREE MEDICAL, LLC Sections 304 and 1008 (21 USC 824 and 958) of the 2619 IGNITION DR STE 2 Controlled Substances Act of 1970, as amended, JACKSONVILLE, FL 322183555 provide that the Attorney General may revoke or suspend a registration to manufacture, distribute, dispense, import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, CONTROL, LOCATION, OR BUSINESS ACTIVITY, AND IT IS NOT VALID AFTER THE EXPIRATION DATE. 785 DEA REGISTRATION THIS REGISTRATION NUMBER EXPIRES FEE PAID RB0615659 07-31-2023 $1850 SCHEDULES BUSINESS ACTIVITY ISSUE DATE 2,2N,3, DISTRIBUTOR 3N,4,5 06 06 2022 BOUND TREE MEDICAL, LLC 2619 IGNITION DR STE 2 JACKSONVILLE, FL 322183555 oREPORT N I schedule or codes you please CONTROLLED SUBSTANCE/REGULATED CHEMICAL REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON D.C. 20537 Sections 304 and 1008 (21 USC 824 and 958) of the Controlled Substances Act of 1970, as amended, provide that the Attorney General may revoke or suspend a registration to manufacture, distribute, dispense, import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, CONTROL, LOCATION, OR BUSINESS ACTIVITY, AND IT IS NOT VALID AFTER THE EXPIRATION DATE. _______You have been registered to handle the following chemical/drug codes_______ 786 I REQUESTING MODIFICATIONS TO YOUR REGISTRATION CERTIFICATE To request a change to your registered name, address, the drug the drug handle, oREPORT N I schedule or codes you please CHANGES I 1. visit our web site at dead iversion.usdoj.gov -or 2. call our customer Service Center at 1-(800) 882-9539 - or 3. submit your change(s) in writing to: N PROMPTLY Drug Enforcement Administration Box 2639 oP.O. I Springfield, VA 22152-2639 See Title 21 Code of Federal Regulations, Section 1301.51 u_ I I for complete instructions. _______You have been registered to handle the following chemical/drug codes_______ 786 ry0m ry n 00 r N co LL .C: O co N Cl) L— M M O � T V 110 N c >> o c0 (O czO O o co Q CU U O c a) O U N c m Z U a) U d N m s Q U) z CD � U CO (n -r- 0- -F- c o O c a� o 3 U m N CL) U (n L (] L U (D L o � � L b U T a) 70 i) L a) Q�i Z 0) C: +� U •N a) m > E E >, (n CO -0 c a -0 (n CV (n O •L Q) a, c (n > CU -0 o (n m o Y) 0 m LO N O N � o O N O L) Q N o N � No %.0 0 - CD O N CERTIFICATE OF LIABILITY INSURANCE DATE(MM1/DD/YYYY) 11/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. Columbus OH Office CONTACT NAME. (A/C.NNo. Ext): (866) 283-7122 FAX No.): (800) 363-0105 E-MAIL ADDRESS: 445 Hutchinson Avenue Suite 900 Columbus OH 43235 USA 36073395 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: PrOAssurance Specialty Insurance Company 17400 Sarnova, Inc., Bound Tree medical, LLC 5000 Tuttle crossing Blvd. Dublin OH 43016 USA INSURER B: Federal Insurance Company 20281 INSURER C: INSURER D: INSURER E: INSURER F: MED EXP (Any one person) $10,000 COVERAGES CERTIFICATE NUMBER: 570096605409 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMBS B X COMMERCIAL GENERAL LIABILITY 36073395 77 12 D1 2022 12 01 2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE q OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 POLICY PRO- JECT LOC PRODUCTS - COMP/OPAGG EXCIUded OTHER: B AUTOMOBILE LIABILITY 7363-09-65 12/01/202212/01/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY ( Per person) X ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) B X UMBRELLA LIAB X OCCUR 78197881 12/01/2022 12/01/2023 EACH OCCURRENCE $10,000,000 LIAB CLAIMS -MADE AGGREGATE $10,000,000 EXEXCESS DED I RETENTION $10,000 WORKERS COMPENSATION AND PER STATUTE I JOTH- EMPLOYERS' LIABILITY Y / N IER E. L. EACHACCIDENT ANY PROPRI ETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Products Liab N22oH380021 12/01/2022 12/01/2023 Aggregate Limit $10,000,000 Claims Made Agg Deductible $150,000 Per Occ Limit $10,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) county of volusia is included as Additional Insured in accordance with the policy provisions of the General Liability policy. d m 0 v o m 0 0 r CERTIFICATE HOLDER CANCELLATION E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. County Of vol Usia AUTHORIZED REPRESENTATIVE 123 W. Indiana Ave., Rm. 302 Deland FL 32720-4608 USA e-Y-l'Q?a c��r�rfi�4roCd c-J�"oEu�� e/ 9�C. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 788 AGENCY CUSTOMER ID: 570000037575 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMED INSURED Sarnova, Inc., Bound Tree Medical, LLC POLICY NUMBER see Certificate Number: 570096605409 CARRIER see Certificate Number: 570096605409 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER SUBR WYD INSURER POLICYPOLICY EFFECTIVE DATE (MM/DD/YYYY) INSURER LIMITS INSURER OTHER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WYD POLICY NUMBER POLICYPOLICY EFFECTIVE DATE (MM/DD/YYYY) EXPIRATION DATE (MM/DD/YYYY) LIMITS OTHER A Products Liab N220H380021 Claims Made 12/01/2022 12/01/2023 Per occ Deductible $50,000 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. 789 SARNINC-01 IGOLDBERG 144CO/2LO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/16/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Daniel R. Gunter NAME: PHONE(AIC, No): (312) 263-1551 (AIC, No, Ext): (312) 239-2890 Thompson Flanagan Executive Liability Group 626 W. Jackson Blvd. 5th Floor Chicago, IL 60661 ADDRESS: dgunter@thompsonflanagan.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Co. of America 25674 INSURED INSURER B: GEN'L Sarnova, Inc. Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. INSURER C : PERSONAL & ADV INJURY $ P.O. Box 8023 INSURER D, $ INSURER E : $ Dublin, OH 43016 INSURER F: AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY L AUUTO ONLY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS 123 Indiana Ave COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR Deland FL 32720 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ GEN'L MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY D PRO- JECT LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY L AUUTO ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PeOaccidenl AMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A UB 3P279151 12/1/2022 12/1/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reser-4 The ACORD name and logo are registered marks of ACORD 790 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE County of Volusia Director of Purchasing 123 Indiana Ave Deland FL 32720 ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reser-4 The ACORD name and logo are registered marks of ACORD 790 TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: UB -3P279151 -20-13-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: 12-22-20 ST ASSIGN: PAGE 1 OF 791 2023 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# M01000002310 Entity Name: BOUND TREE MEDICAL, LLC Current Principal Place of Business: 5000 TUTTLE CROSSING BLVD DUBLIN, OH 43016 Current Mailing Address: PO BOX 8023 DUBLIN, OH 43016-2023 US FEI Number: 31-1739487 Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US FILED Jan 25, 2023 Secretary of State 2673731109CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title MM Name BEMS HOLDINGS, LLC Address 5000 TUTTLE CROSSING BLVD City -State -Zip: DUBLIN OH 43016 Title AUTHORIZED REPRESENTATIVE Name HUGHES, DARRELL Address 5000 TUTTLE CROSSING BLVD City -State -Zip: DUBLIN OH 43016 Title AUTHORIZED REPRESENTATIVE Name SAYLOR, SHAWN Address 5000 TUTTLE CROSSING BLVD City -State -Zip: DUBLIN OH 43016 Title AUTHORIZED REPRESENTATIVE Name PRESTEL, JEFFREY Address 5000 TUTTLE CROSSING BLVD City -State -Zip: DUBLIN OH 43016 Title AUTHORIZED REPRESENTATIVE Name MERIWEATHER, ROBERT Address 5000 TUTTLE CROSSING BLVD City -State -Zip: DUBLIN OH 43016 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes: and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DARRELL HUGHES SECRETARY 01/25/2023 Electronic Signature of Signing Authorized Person(s) Detail Date 792 793 Ypp7V E N -O a V N .- rl a Z a r o a= E ti _ x m w U V y v 2 LL E Irm J -0 K m aJ al iJ C aJ - i m `� N N t X p� m X\\ I Y O � E Y in (V � O m -O U � c ^ > J O Q J O [Y > .-I Iy~j ccN J L H= M i 00 v 0 .0 0A M � O of F- X (0 O O O M aJ N� E N N O E N X E o Q W ux G a 00 VI E X_ E O_ E h U C Y o N o N X N>= a U¢ v V1 ¢ o v N N 4 J aJ N J 00 E f ^J E O 00 -a p rl O u� O O rl J 00 E J O\ aJ E c c aJ v J c 0 L o Z 01 x = ca J O 09 V o H❑ W E Lf1 c -I w o ul Z c C o o M ❑ N v L c c N o [L ul O v 00 V1 V V U m L U m Y C M m bfJ 2~ N a ti z 00 O O m O O ti v ti ai - > o v u o a v-1 a w O `O 00 o v> E-0 E oc o 0< v p 0 o ry t7 L a u uU O L .-I .- l0 M d VI aJ J +' to O N _ O J X aJ V _. O O y in O O C Y .0 ++ ❑ W L U c to m X OJ o -_ w U V C O O U C f0 O O v m "6 a) E N O p❑ •--I Q Nv C O ❑ C p❑ o N U Q goPl ry v p N a O E> (:1 to \ 3 N bD m \ W L o¢ F- E aJ M SZ E� aJ U o O aA N L u x a c fY w L O 4U S O L O N Y .. O w z E o Q X 6 c a L rn c> a > E v o z x v J u .. c a u > v 0 a 3 >, i ❑ 3 Nn m J -6 ° U a o O O `-I - >. o ' v .� v 0 ro O- .. N m v c 0_ a p m n 0 E N a, a C Q °' 0 w Z U- ❑ H z a O c X a MN' w4 uh' Q 0 -o N fY a ¢ Q1 Q (y H aJ > w N .� N O `~ W Z Z ,° U N fl' D b1J VI U o 09 u❑¢ N Q w U O X O. O E> u " H �- Q uul U x aJ +�,,, w m c J❑ U Q> 3 rI O o N O N `n O c E .. O _, N vui p a❑ a) C m N O U U u N til V fz f6 V1 [1 N a0 aO+ to 'O t vui rj n E m> O U > O In = C Vt Z > O M li O ❑ O❑ M O N N N Z w LL t� .. ❑ u p❑ r 0 W 0❑❑ aJ aJ ❑ X' O ❑ J U X X r+ X w O t0 aJ 0 r\ ~ O N > E t6 ❑ w J w O M ❑ C O c. Ln N .-I Q! ❑ N i.i N iE .. N a1 p N aJ ❑ ik l0 l0 l0 .y ... N®R a) NJ - 1 m > V1 `7 H > a) ❑ m > ¢ > ` [1 w Z = to U U N Q mm U U p O 7ci .-I O# O p M O O ❑ ❑ W❑ ✓t ❑ O N m M o O O M W 10 p' ❑ J u O_ ❑ U N O N Q aJ r N t X U O a) H N M aJ 0 M M lD O aJ ❑ N ^ C F- m 01 0 .--I M M �--I O O Ill G Ntl0 pop O p U u❑ X 100 7ci G •--I ONl t6 N M M UJ Q N ❑ Z ❑ V1 J U S r M m O) O a NMn r O n M Im Ql C N -M m c C IW M M O O � O a1 O Lf1 O J U O m rI O O O m 7i O F- m O N Ur O U > O (r O U O J O p O u O O p O X D0 000000 m N ti U in � St u W O `7 H O NlD � O m O O O � O � O � O St O � O � O m O r O ? � O � O m O m O m O IIII '� O v1 01 O .-I u1 O N M O v1 O O O 01 O ID M O O 7 O O 0 O U1 O O N O O n O w M O O Ih O N M O w N O m M O O N O c -I m O m Ih O O�t O O 00 O w 0 O Gn N O w N O Ca M O O C O In al O O `7 O n N O m `7 O M Cit O 0 Cl O 0 N O 0 M O m'T 0l O O O O O m Ill O O r O .-I r O m m .-I Ql O N O c -I O O h 10 .--I .-I .-I .--I a m m a N 00 Ol O M O O 00 `7 00 W .-I c -I M l0 Ol N .-I m N N 0 N GM1 (IIII Vdu 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O o O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O N Lo V to m 't m Lo r, Lo tD N/l 00 n n lD V 0 O to 1' Lf1 N ul 7 ul n N `7 `7 .-I n kD Lo M C M Lo M l0 00 NJl N to n V O 00 M 00 O n k V 00 O 't O M N m O to M m O 00 M `7 M n .-I 't r N M 0 O n r sa a zz u xll u 1111111 IIII �°� dl X m U' m to U Y tL Q w X Co. Q w X Co. X m U' Co. Q w X Co. Q w Q w X m Q w Q w X Co. V1 U VI U Y tL Q w Q w Q w Q w X Co. X m Y o_ X Co. X m Y a Y a Y a Y a Q w X m X m X m Y a m X m pFb 0. air 0 aj 0 a 0 ° " sN nx 2 ' as R a'... "Inco rt' sa e�P ms aau x� �r ad a aa 'eau . P .. � \ CL C'➢ 6 u �,• as mM i� ON ✓ 'a "��. !TAw 4WN OJ E p R,4N Rm: 0 6 O PLF W „"`s N p Ll1 J ".� W p HO V' Z ." Q �, �� C N V R.. a',Nt ��.'�� U = - 'ry -ow aJ Y J xU aCY •14W IX�mk I�IP;O 4,mP '�I� Z o t'. "u` mlPq Z o > ❑ E Q w LL O } „ •mCW ":'u r a JO _ 2 cu w (6 Q CIM1 is &%IN .�.0Ca to O ul > 0C Q E n N z ❑ F- p '::0 W"J P •--• 0 Q M ❑ A7,i0 rm :. j O X a.F PMB O \ 7 V' Q,°nV .�M"�� .RII. }' t6 LL m '�iq a,��N &�,� &,� C) .� N � J O_ o N ry N J I o O I > ❑ E � K w 00 4 .^'0to _ .na 0P ��5 V v J 3 T m E O z „mll S„p x.. x'�m. m Mm 0 n .E u aJ ti oX au N CD m W Y u aJ aP '�:��.. E -c G E Q o O O C7 � m� a ' ^ n w on T O m m a o o ti Vl VI an w al w Pav Nf1 Pr'u V1 3 -o m o c- 'c x t6 N t6 P�:p U u O- '� aw u Z - C\£ m v -O A N o N l7 00 Y c -O l7 �_ E w z Q E O u"N:A 0 -o A!AU A!AU 01 X ID aJ -O O H X Z ❑ U(,J L 2 . -I N N to [1 Q Q J r0 Q O aJ J Cm; .--I E rI vc O O c O c O '� O .C��) tlIAI'. M -O O L 0vA > W c X X X O_ y -\ LL [l a) 00 J LL d„N J;!, 00 y C Ln ry bA E m = G O Ii o w E O (D a ._ Q .0 Q Nu a'N.. y� N U N UJ VI N Y V t6 N N W❑ O fl t6 E a) tom+ w Q t6 �y T a) u X l0 t0 a E❑ O O t6 ry O\ M �--I = N � Ll - W C aJ �, Vl (7 N -6 N- O ” "6 N6 pq N O, O u O O O W LL O O K m W Z U N W u "0j1 a N O -o_ L¢ (D N t [1 aJ � N O N L om❑ aJ vi u m - 0 L M a O c w 0 '� _3 [2 O Z ¢ O¢ N❑ E N❑ O U O m Z a Z c6 X � ." o O ` J v v v O v c J z O u z `° U _ .� `° V u `o ,v v U -o v v v- o v c u -a on c a m r! m � ti O? -o x O o o O m K a 0 o � t^ N X x w 0 m>> w U' > U VI c G L^ U X o N v Z s- V1 [1 E> W V1 o V1 Y 0 U 0 N Q W �' O¢ V1 Z d� W Q 0 N❑ aJ ❑ J v Y Z Q n Q n1V' 1G N N M V1 IDrhlthl M Hill- 794 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price Page 1 of 5 795 uu �,� m WI 30% villilillill''3M Biomedix 730% Aaron Medical #N/A Bio -Nova Abboject 30% Bowman Medical Products Abbott 30% Brunswick Biomedical #N/A Acme 30% BurnFree Products 30% Act -O -Vial 30% Burron Medical #N/A ADC Prosco e 30% Carad ne #N/A Advantage Medical #N/A Care Line 30% Aearo Company #N/A Cast Products 30% Alliance Medical #N/A Cath -Wrap #N/A Allied Healthcare #N/A Cavacide 30% AI ha-Protec 30% Centennial Products #N/A Alpine #N/A Certified Safety Manufacturing #N/A Ambu 38% CFT, Inc. Life Mask #N/A Ambu-Perfit 38% Chaston #N/A AMBV 38% Chord Engineering #N/A Ames #N/A Chronimed #N/A Amsino Amsafe 30% Colo last/Sween 30% Anatomical Chart Company #N/A Compliance Medical 30% AnthonyMedica Products #N/A Conmed 38% Argyle 30% Cook 30% Ashland Mills #N/A Corpack Meds stems BLD #N/A B & B Medical #N/A Covedein 30% B & F Medical #N/A Cumberland Swan #N/A B Braun Medical 44% Cura lex 40% Bacti-Stat 30% Cypress Medical #N/A Ballard #N/A Dey Laboratories #N/A Banta Healthcare 30% DHD Healthcare #N/A Bard Parker 30% DHD Healthcare (Pegasus) #N/A Baush & Lomb #N/A Diamond Products #N/A Baxter 40% Digit -Safety #N/A Bay Corporation 30% Diversified Disposables #N/A Bayer 30% Doctors Research Group #N/A BC Group International #N/A Donovan Industries #N/A BCI, Inc. SIMS #N/A Dukal Corp. 30% BD 35% Duraclear 38% Bdq #N/A D narex 30% Becton/Dickenson 35% E M Innovations 30% Bedford Laboratories #N/A E. Fou era #N/A Bemis 30% Easy -Go -Vac #N/A Berman 30% Eco -Flex #N/A Beshaw Medical #N/A Ecolab Professional Products 30% Bio-Detek #N/A Emergency Medical Instruments EMI 30% Biolife #N/A Emergency Prods & Research EP&R 30% EMP 30% Impact Instrumentation #N/A En ineered Medical Systems 30% IMS 30% Enternet medical #N/A IMS/Am hastar 30% Ethox 30% Infection Control Technology #N/A EValuMed #N/A INFU-SURG #N/A Page 1 of 5 795 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price Exel International uu ,� 30% I-Tec/EMS, LLP wW � 30% Expert -Med #N/A Ivax Pharmaceuticals Zonith Goldline #N/A Faretec 30% J & J Critikon #N/A Ferno 20% Jobet Institute #N/A Firehouse Medical #N/A Johnson & Johnson 30% First Aid Direct #N/A Junkin Safety Appliance 30% First Horizon #N/A Ka ler #N/A Flambeau Products 30% Kendall 30% Fleming Industries 30% Kimberly Clark 30% Flexicon 30% Kimberly-Clark Ballard Medical 30% Forerunner 30% Kool-Press 30% Fujisawa Pharmaceuticals #N/A Laerdal Medical 12% Futuremed America #N/A Laerdal/Bemis 12% Gainor Medical #N/A Lead -Lok #N/A Gam #N/A Life -Tech #N/A Gam Ind #N/A Lumisco e Medical Products #N/A Gam Milti #N/A L o-Ject #N/A General Medical #N/A M & M Industries #N/A GKR Industries #N/A Mabis 30% Glucometer/Elite X1 #N/A Mabis Healthcare 30% Graham Field 30% Maco International 30% Graphic Control #N/A Macosta-Medical USA #N/A Greenline/Sunmed 35% Mada medical 30% H.I. Bouton #N/A Magnum Medical 30% Harcourt Health Sciences #N/A Magnus #N/A Hartwell Medical 25% Mallinkrodt Medical #N/A Hawk aks.com 30% Marine Rescue products #N/A HeadStart #N/A Maxxim Medical Winfield #N/A Healthink #N/A Medafor, Inc. #N/A Healthmark Industries 30% Medex 30% Heartstart FR 30% Medical Action Industries 30% Heart Stream Forerunner #N/A Medical Device Group #N/A Hermita e #N/A Medical Devices International 30% Hoosler Medical Devices #N/A Medical Specialties 30% Hos ira 30% Medical Supplies Depot #N/A Hos itak #N/A Medical Technology Products #N/A Hot Shield USA #N/A Medin Corp. #N/A Hudson 30% Medix Choice #N/A Hy -Tape 30% Medline Industries 30% Medovations #N/A Pharmacia & U John #N/A Melker 30% Philadelphia Cervical Collars 30% Mercury Medical 30% Phill 30% Meridian Technologies 25% Physio Control 30% Mertag Products #N/A Pi eon Mountain Industries #N/A Metrex 30% Pinnacle Technology Group 30% MicroFlex S netron 30% Polamedco #N/A Minto Research & Development 30% Poly Systems #N/A Moldex-Metrix 30% Posey 300 Mone han Medical 1 30% lPrecision Charts 30% Page 2 of 5 796 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price ' " l siia Colulty R'LiC'm19UDA Medical uu ,� 30% Precision D namics �Moore N/AMorrison !30% Medical #N/A Precision Medical Mortan 30% Premium Plastics #N/A Motion Medical Distribution 30% Prestige Medical 30% MPI Outdoors #N/A Pride of Florida #N/A MSA Patient Monitoring #N/A Progressive Medical International #N/A Multisorb Technologies #N/A Promar Industries #N/A Murphy Et Tube 35% Propper Manufacturing #N/A Nasco 25% Protective-Jelco IQ-Teknologies 30% National Webbing Products #N/A #N/A Needi Safety Supply #N/A R & B Fabrications 30% Nellcor 30% R & D Batteries 30% NeoTech 30% Rapid Deployment Products #N/A Neotech Products 30% Reeves Manufacturing 30% New Medical Technology #N/A Repro -Med Systems 30% New United Distributing Co. #N/A Distributors #N/A Niosh 30% .Respiratory Respiratory Ventilator Products #N/A Nitroderm #N/A Res ironics #N/A Nomin Medical #N/A Reusch 30% North American Rescue 25% Revivant Corporation #N/A NutraMax Products #N/A Rico Suction Labs 30% 02 Solutions #N/A Hampton am ton Medical 30% Omega Medical #N/A FRoc Safetec of America 30% Omni Therm #N/A Safetui ment Company #N/A Omron Health #N/A SafetyInternational 30% 0 -Two Medical Technologies 30% SafGard Medical Products 30% Owen Mumford 30% Saf-T-Vac #N/A Pacific Safety Products #N/A Sae 30% Paddock Laboratories 30% Salter Labs #N/A Para Pac #N/A Sani-Cloths Plus 30% Parker Laboratories 30% Saunders Manufacturing 30% Paul Dubin Company #N/A Seaberg Company 30% PDI 30% Sharps Compliance 30% Pelican Products 30% Sherwood #N/A Page 3 of 5 797 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price ' " l siia County R'LiC'm19UDA Shippert Medical Technologies #N/A Triad #N/A Shradder #N/A Tri-anim 30% Smiths Medical ASD Portex 30% Trinity Laboratories #N/A Snowbird Mountain Gear #N/A TW Medical #N/A Splash Shield 30% Underwater Kinetics #N/A S oricidin International #N/A Unomedical Maersk Medical #N/A Spur 38% VentLab #N/A SSCOR 18% Veriflo Medical #N/A Statcor 30% Vermont Medical #N/A Stearns Manufacturing #N/A Victor Medical #N/A Sterilix USA #N/A Vortran #N/A Sun -Med 35% Waismed 30% Sunrise Medical DeVilbiss 30% Weaver & Company #N/A Superior #N/A Welch Allyn 30% Surgical Specialties #N/A Western Medica #N/A Sur ilance 35% WestMed #N/A Sur ilube 30% Wet Pruf 30% Sween Corp. #N/A Wholesale Tae #N/A Swift First Aid #N/A Winefield Ind. #N/A S rex-Ne tune #N/A Wolfe Tory Medical 30% Tec Laboratories #N/A Yankhauer 18% Tech+Med Industries #N/A Zefon Medical Products #N/A Techst les, Inc. 30% Zoll 30% Teledyne Analytical Instruments Terumo Teva The Battery Bank Thermo Thin Red Line Thomas Tidi ITimely Medical Innovations Tinker Medical Devices #N/A 30% #N/A 30% #N/A #N/A 25% 30% #N/A #N/A Page 4 of 5 798 Page 5 of 5 799 ljjj� Bound Tree YOM PCP N761 Ery EMS To Whom It May Concern: 5000 Tuttle Crossing Blvd. Dublin, OH 43016 614.760.5000 www.boundtree.com In response to your bid ITB 23-13-136AK, Bound Tree Medical is pleased to offer 30% off of the prices on supplies for all other manufacturers on www.boundtree.com not specifically listed on this bid. In order to provide a percentage off list discount, it is necessary for Bound Tree to exclude certain product categories or manufacturer products. This is largely due to the cost variability of these items as a result of market demand and raw material costs. Products excluded from the percentage off bid include the following: Manufacturers Excluded Product Categories Excluded 5.11 Tactical Capital Equipment Cardio Partners Custom Kits Kin Fisher Medical Inventory &Secure Storage Systems Philips Medical Kin Vision and Airways Thermal Angel Preventative Maintenance Qinflow Supraglottic Airways and Kits Recertified AEDs Service Contracts 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, Dwight Lowry Pricing Analyst Bound Tree Medical, LLC 800 ***NOT APPLICABLE FOR FOUND TREE MEDICAL, LLC, SEE WORKERS COMPENSATION INSURANCE AND WAIVER OF SUBJIGATION ATTACHED*** HOLD HARMLESS AGREEMENT I, , (print owner's name), am the owner of (print company name), an incorporated/unincorporated business operating in the State of Florida. As such, I am bound by all laws of the state of Florida, including but not limited to those regarding the workers' compensation law. I hereby affirm that I or [the above-named business] employs fewer than four employees, all of whom are listed below, including myself, and therefore, the business is exempt from the statutory requirement for workers' compensation insurance for its employees. I certify that I will provide the County of Volusia with the name of each new employee together with all required waivers and releases for each prior to any employee being allowed to work to provide services under the Contract set forth below. If any such employee is allowed to work without a signed waiver and release, such action will be a material breach of this Agreement. All signed waivers and releases shall be furnished before the commencement of any work by an employee or the undersigned to the County Project Manager or designated county representative. On , 20 the County of Volusia and I or (the above-named business) entered into a Contract for (please insert name of Contract) (hereinafter "Agreement") which is incorporated by reference herein. On behalf of myself, my business, and the employees listed below, I and they hereby agree to waive and release any and all workers' compensation claims or liens under Chapter 440, Florida Statutes, against the County of Volusia and its agents, officials and employees, arising from any work or services provided under the Agreement whether or not it shall be alleged or determined that the act was caused by intention, or through negligence or omission of the County of Volusia or its agents, officials and employees or subcontractors. In the event that a workers' compensation claim or lien is made against the County of Volusia and/or its agents, officials or employees by myself or my employees or agents as a result of any work or services performed under the Agreement, I agree to indemnify, keep and hold harmless the County of Volusia, Florida, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of attorneys and other professionals) arising out of the Agreement with the County of Volusia, whether or not it shall be alleged or determined that the act was caused by intention or through negligence or omission of the County of Volusia or its employees, agents, or subcontractors. I or the above-named business shall pay all charges of attorneys and all costs and other expenses incurred in connection with the indemnity provided herein, and if any judgment shall be rendered against the County of Volusia in any action indemnified hereby, I or the above-named business shall, at my or its own expense, satisfy and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign immunity of the COUNTY OF VOLUSIA under Section 768.28, Florida Statutes. 801 `**NOT APPLICABLE FOR BOUND TREE MEDICAL, LLC, SEE WORKERS COMPENSATION INSURANCE AND WAIVER OF SUBJIGATION ATTACHED*** Owner. (print name.) (signature) Employee 1: (print name) (signature) Employee 2: (print name) (signature) Employee .3: (print name) (signature) STATE OF COUNTY OF Sworn to and subscribed before me this who has/have produced (Seal) day of , 20 , by who is/are personally known to me or as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: 802 SARNINC-01 IGOLDBERG 144CO/2LO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/16/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Daniel R. Gunter NAME: PHONE(AIC, No): (312) 263-1551 (AIC, No, Ext): (312) 239-2890 Thompson Flanagan Executive Liability Group 626 W. Jackson Blvd. 5th Floor Chicago, IL 60661 ADDRESS: dgunter@thompsonflanagan.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Co. of America 25674 INSURED INSURER B: GEN'L Sarnova, Inc. Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. INSURER C : PERSONAL & ADV INJURY $ P.O. Box 8023 INSURER D, $ INSURER E : $ Dublin, OH 43016 INSURER F: AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY L AUUTO ONLY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS 123 Indiana Ave COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR Deland FL 32720 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ GEN'L MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY D PRO- JECT LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY L AUUTO ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PeOaccidenl AMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A UB 3P279151 12/1/2022 12/1/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reser-4 The ACORD name and logo are registered marks of ACORD 803 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE County of Volusia Director of Purchasing 123 Indiana Ave Deland FL 32720 ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reser-4 The ACORD name and logo are registered marks of ACORD 803 TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: UB -3P279151 -20-13-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: 12-22-20 ST ASSIGN: PAGE 1 OF 804 REFERENCES Agency #1 City of Tampa Fire Department Address 2619 Ignition Dr Ste #2, Jacksonville, FL, 32218 City, State, ZIP Tampa, FL 33602 Contact Person Barbara Tripp, Fire Chief E-mail barbara.tripp@tampagov.net Phone: 352-406-2573 Date(s) of Service 2010 to Present Type of Service Providing Medical Supplies and Pharma Comments: Agency #2 Fire Department City of New York Address 9 Metro Tech Center City, State, ZIP Brooklyn, NY 11201 Contact Person Douglas Isaacs, MD, Deputy Medical Director E-mail doug.isaacs@fdny.nyc.gov Phone: 718-999-2790 Date(s) of Service 2010 to Present Type of Service Providing Medical Supplies and Pharma Comments: Agency #3 San Francisco Fire Department Address 1415 Evans Avenue City, State, ZIP San Francisco, CA 34124 Contact Person Andy Zanoff, EMS Captain E-mail Andy.Zanoff@sfgov.org Phone: 415-717-6876 Date(s) of Service 2010 to Present Type of Service Providing Medical Supplies and Pharma Comments: 805 ITB 23-B-136AK FEDERAL CONTRACT PROVISIONS Contractor agrees to comply with all requirements checked below ED Egual Employment Opportunity - for all contracts for construction work which is defined as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. This -M.�1911 pe! Lin,, ,°�JA--& During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish a] I information and reports required by Executive Order 11246 of September 24., 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Page I of 9 a -IL-1 ITB 23-B-136AK (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I ) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 1] 246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. ❑ Davis Bacon Act Enual Employment Opportunity applies to all contracts for construction work as defined above. The Davis -Bacon Act.2 Baer nc emeaLPap e rL� Pro rain iLIMMIM 0 nd iecuriiv Grant Trio 1_119y "'i 'CgUri Grant raram"T.On ORLE[Mram and 1M, n ij.$ -"A 9gRff t T 1), AD dt�_Q�Mm tr_ n tar, the Nh!icaima e P qgppr!, .A a All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 CYR pt., 5 as may be applicable. The contractor shall comply with 40 U&C, 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable, h Contractors are 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. c Additionally, contractors, are required to pay wages not less than once a week. ED Copeland Anti -Kickback Act contracts for construction or,rad it work above 2 QQQ, in.situations where the Q!v_ Ll L,&Lslstance Prg1ram Page 2 of 9 807 ITB 23-B-136AK a Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. la Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." 0 Contract Work Hours and Safety Standards Act !WLmvi,rmnwt,i1=ke��Iaasmell LEMA�cFjKgM qw riled b, jLe��ttty_in excess f n&r ,�L_J QO , L L%nt and rQMag� jpE , ro EIT s —that invAv-ahq�opLo-meant—of —mechunk _ q a—WL)&J11's-g —re �LtCi r e rn e n t�d c , 9 c!ja-Leof upalit qLqt1aJ,.5 or articles ordinaril �M 1AW _flj, pyL 3 _ available on the o,a n market ts,f Compliance with the Contract Work Hours and Safety Standards Act, (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages, liquidated damages, In the event of any violation of the clause set forth in paragraph (b)(I ) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of S27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County of Volusia or State of Florida shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section Rialits to Inventions Made Under a Contract or Aereement If the FEMA award meets the definition of "funding agreement" under 37C.F.R. § 401,2(a) and the non -Federal entity 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 non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative L -11L-1 Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F) This re - Mi—Ii L, F�,� n, 1 � q - -N& D'j -_5,deral kjij%tjnMj�,, d ,O,jvi uals and t qLisehQld,j Cher ,N, s.,42not meet the gqg�_&,,5istance Grant PBIWM,� M—A Aqd _cr i ir Clean Air Act and the Federal Water Pollution Control Act h,ill �euir�mcnt� -lies t(j,jU d by amount,��in exge�> cf,.,$ fender a SL_�_ ,py�ardS__ fioslp, 'I Clean Air Act I. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County of Volusia (County) and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et scq. 2. The contractor agrees to report each violation to the County of Volusia (County) and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Debarment and Sus erasion This r ,AreeLpe op1�, Suspension and Debarment L This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C„F,R. § 180.935), 1 The contractor must comply with 2 C.F.R. pt, 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 1 This certification is a material representation of fact relied upon by State of Florida and County of Volusia. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 CYK pt. 3000, subpart C, in addition to remedies available to State of Florida and County of Volusia, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4, The bidder or proposer agrees to comply with the requirements or- C.F.R. pt. ISO, subpart C and 2 C.F.R. Page 4 of 9 1IM31-w-M pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer, The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, If applicable, contractors must sign and submit to the non-federal entity the certification in Appendix A. Z Byrd Anti -Lobbying Amendment This requirement applies to all FEMA grant and cooperative agreement programs, Contractors that apply or bid for a contract of S 100,000 or more under a federal grant must file the required certification. See 2 C,F,R, Part 200, Appendix 11(l); 31 U,S.C, § 13521- and 44 C.F.R. Part 18. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall rile the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Memberof Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If applicable, contractors must sign and submit to the non-federal entity the certification in Appendix B. Z Procurement Of Recovered Materials This requirement applies to all contracts awarded by a non- federal entity Linder FEMA grant and cooperative agreement programs, In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https,�`r"www.epa.gov,'smmicomprehensive- procurement- gu idel ine-cpg-program,. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Access to Records The following access to records requirements apply to this contract: 1. The Contractor agrees to provide State of Florida, County of Volusia, the FEMA Administrator, the Comptroller General of the LInited States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions, 2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 4. In compliance with the Disaster Recovery Act of 2018, the State of Florida, County of Volusia, and the Page 5 of 9 810 16 Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States, To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non -Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end - item procured. 0 Department of Homeland Security (DHS) Seal, Logo, and Flags Recipients must obtain permission prior to using the DPIS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DPIS Standard Terms and Conditions: Version 8.1 (2018), The contractor shall not use the DFIS seal(s), logos, crests, or reproductions of flags or likenesses of DI -IS agency officials without specific FEMA pre -approval, Compliance with Federal Ww, Regulations, and Executive Qrders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives." IZ No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. [D Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. I hereby certify that I have read and understand the requirements of these Federal Contract Provisions and that 1, as the Respondent, will comviv with all reouisements. Authorized Signature Shawn Saylor Printed Name Chief Financial Officer 09/07/2023 Title Date Bound Tree Medical, LLC. Company Name 5000 Tuttle Crossing Blvd., Dublin, OH 43016 Full Address 800.533.0523 877.311.2437 submitbids@boundtree.com Telephone Fax E-mail Address 0_r M f 811 11 ff; ]WIM APPENDIX A, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Con sultant/Contractor: Bound Tree Medical, LLC. By: Shawn Saylor Date: 09/07/2023 Title: Chief Financial Officer F n. we ma 4 (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more • 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant ]cams that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or sub -grantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts), "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or sub -grantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers), c. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 812 HIM91159MMIR g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https:h,w%vw.epls.govi), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 8 of 9 813 APPENDIX B, CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: I . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each such failure. The Contractor, Bound Tree Medical, LLC. _'certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.SC. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's 'T�h_ot 7ized" Official Shawn Saylor - Chief Financial Officer and Title of Contractor's Authorized Official W07/2023 Date 2 = 814 W. Request for Taxpayer Give Form to the Form W 9 (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 10� Go to www.irs.gov/F`onnWO for instructions and the latest information. I Name (as shown on your income tax return). Name Is required on this line: do not leave this line blank. Bound Tree Medical LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not Individuals; see instructions on page 3): ❑ Individual/sole proprietor or 0 0 Corporation El S Corporation ❑ Partnership 0 Trusttestate single -member LLC Exempt payee code (d any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 110. P Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is code (if any) another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member is disregarded from the owner should check the appropriate box for the tax classification of its owner. I Other (see Instructions) ► 5 Address (number, street, and apt. or suits no.) See instructions. 5000 Tuttle Crossing Blvd 6 City, state, and ZIP code Dublin, OH 43016 7 List account number(s) ht Number OApfias to #=ounfs maintained outside the U.S.) Requester's name and address (optional) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding, For individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other —M entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F-7-1 I I I I I A"Mm""U"IMIN Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above 9 you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here U.S. person lb General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.im.gov/F`onnW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number ([TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information retums include, but are not limited to, the following. a Form 1099 -INT (interest earned or paid) Date b- I I ev:k I !) * Form 1099 -DIV (dividends, including those from stocks or mutual funds) * Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) * Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev, 10-2018) 815 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price ' " l siia Colulty R'LiC'm19UDA Page 1 of 5 816 uu �,� m WI 30% villilillill''3M Biomedix 730% Aaron Medical #N/A Bio -Nova Abboject 30% Bowman Medical Products Abbott 30% Brunswick Biomedical #N/A Acme 30% BurnFree Products 30% Act -O -Vial 30% Burron Medical #N/A ADC Prosco e 30% Carad ne #N/A Advantage Medical #N/A Care Line 30% Aearo Company #N/A Cast Products 30% Alliance Medical #N/A Cath -Wrap #N/A Allied Healthcare #N/A Cavacide 30% AI ha-Protec 30% Centennial Products #N/A Alpine #N/A Certified Safety Manufacturing #N/A Ambu 38% CFT, Inc. Life Mask #N/A Ambu-Perfit 38% Chaston #N/A AMBV 38% Chord Engineering #N/A Ames #N/A Chronimed #N/A Amsino Amsafe 30% Colo last/Sween 30% Anatomical Chart Company #N/A Compliance Medical 30% AnthonyMedica Products #N/A Conmed 38% Argyle 30% Cook 30% Ashland Mills #N/A Corpack Meds stems BLD #N/A B & B Medical #N/A Covedein 30% B & F Medical #N/A Cumberland Swan #N/A B Braun Medical 44% Cura lex 40% Bacti-Stat 30% Cypress Medical #N/A Ballard #N/A Dey Laboratories #N/A Banta Healthcare 30% DHD Healthcare #N/A Bard Parker 30% DHD Healthcare (Pegasus) #N/A Baush & Lomb #N/A Diamond Products #N/A Baxter 40% Digit -Safety #N/A Bay Corporation 30% Diversified Disposables #N/A Bayer 30% Doctors Research Group #N/A BC Group International #N/A Donovan Industries #N/A BCI, Inc. SIMS #N/A Dukal Corp. 30% BD 35% Duraclear 38% Bdq #N/A D narex 30% Becton/Dickenson 35% E M Innovations 30% Bedford Laboratories #N/A E. Fou era #N/A Bemis 30% Easy -Go -Vac #N/A Berman 30% Eco -Flex #N/A Beshaw Medical #N/A Ecolab Professional Products 30% Bio-Detek #N/A Emergency Medical Instruments EMI 30% Biolife #N/A Emergency Prods & Research EP&R 30% EMP 30% Impact Instrumentation #N/A En ineered Medical Systems 30% IMS 30% Enternet medical #N/A IMS/Am hastar 30% Ethox 30% Infection Control Technology #N/A EValuMed #N/A INFU-SURG #N/A Page 1 of 5 816 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price ' " l siia Colulty R'LiC'm19UDA Exel International uu ,� 30% I-Tec/EMS, LLP wW � 30% Expert -Med #N/A Ivax Pharmaceuticals Zonith Goldline #N/A Faretec 30% J & J Critikon #N/A Ferno 20% Jobet Institute #N/A Firehouse Medical #N/A Johnson & Johnson 30% First Aid Direct #N/A Junkin Safety Appliance 30% First Horizon #N/A Ka ler #N/A Flambeau Products 30% Kendall 30% Fleming Industries 30% Kimberly Clark 30% Flexicon 30% Kimberly-Clark Ballard Medical 30% Forerunner 30% Kool-Press 30% Fujisawa Pharmaceuticals #N/A Laerdal Medical 12% Futuremed America #N/A Laerdal/Bemis 12% Gainor Medical #N/A Lead -Lok #N/A Gam #N/A Life -Tech #N/A Gam Ind #N/A Lumisco e Medical Products #N/A Gam Milti #N/A L o-Ject #N/A General Medical #N/A M & M Industries #N/A GKR Industries #N/A Mabis 30% Glucometer/Elite X1 #N/A Mabis Healthcare 30% Graham Field 30% Maco International 30% Graphic Control #N/A Macosta-Medical USA #N/A Greenline/Sunmed 35% Mada medical 30% H.I. Bouton #N/A Magnum Medical 30% Harcourt Health Sciences #N/A Magnus #N/A Hartwell Medical 25% Mallinkrodt Medical #N/A Hawk aks.com 30% Marine Rescue products #N/A HeadStart #N/A Maxxim Medical Winfield #N/A Healthink #N/A Medafor, Inc. #N/A Healthmark Industries 30% Medex 30% Heartstart FR 30% Medical Action Industries 30% Heart Stream Forerunner #N/A Medical Device Group #N/A Hermita e #N/A Medical Devices International 30% Hoosler Medical Devices #N/A Medical Specialties 30% Hos ira 30% Medical Supplies Depot #N/A Hos itak #N/A Medical Technology Products #N/A Hot Shield USA #N/A Medin Corp. #N/A Hudson 30% Medix Choice #N/A Hy -Tape 30% Medline Industries 30% Medovations #N/A Pharmacia & U John #N/A Melker 30% Philadelphia Cervical Collars 30% Mercury Medical 30% Phill 30% Meridian Technologies 25% Physio Control 30% Mertag Products #N/A Pi eon Mountain Industries #N/A Metrex 30% Pinnacle Technology Group 30% MicroFlex S netron 30% Polamedco #N/A Minto Research & Development 30% Poly Systems #N/A Moldex-Metrix 30% Posey 300 Mone han Medical 1 30% lPrecision Charts 30% Page 2 of 5 817 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price ' " l siia Colulty R'LiC'm19UDA Medical uu ,� 30% Precision D namics �Moore N/AMorrison !30% Medical #N/A Precision Medical Mortan 30% Premium Plastics #N/A Motion Medical Distribution 30% Prestige Medical 30% MPI Outdoors #N/A Pride of Florida #N/A MSA Patient Monitoring #N/A Progressive Medical International #N/A Multisorb Technologies #N/A Promar Industries #N/A Murphy Et Tube 35% Propper Manufacturing #N/A Nasco 25% Protective-Jelco IQ-Teknologies 30% National Webbing Products #N/A #N/A Needi Safety Supply #N/A R & B Fabrications 30% Nellcor 30% R & D Batteries 30% NeoTech 30% Rapid Deployment Products #N/A Neotech Products 30% Reeves Manufacturing 30% New Medical Technology #N/A Repro -Med Systems 30% New United Distributing Co. #N/A Distributors #N/A Niosh 30% .Respiratory Respiratory Ventilator Products #N/A Nitroderm #N/A Res ironics #N/A Nomin Medical #N/A Reusch 30% North American Rescue 25% Revivant Corporation #N/A NutraMax Products #N/A Rico Suction Labs 30% 02 Solutions #N/A Hampton am ton Medical 30% Omega Medical #N/A FRoc Safetec of America 30% Omni Therm #N/A Safetui ment Company #N/A Omron Health #N/A SafetyInternational 30% 0 -Two Medical Technologies 30% SafGard Medical Products 30% Owen Mumford 30% Saf-T-Vac #N/A Pacific Safety Products #N/A Sae 30% Paddock Laboratories 30% Salter Labs #N/A Para Pac #N/A Sani-Cloths Plus 30% Parker Laboratories 30% Saunders Manufacturing 30% Paul Dubin Company #N/A Seaberg Company 30% PDI 30% Sharps Compliance 30% Pelican Products 30% Sherwood #N/A Page 3 of 5 818 ITB 23-B-136AK Attachment B Fixed Percentage Off List Price vbjusiia County FLORUDA Shippert Medical Technologies #N/A Triad #N/A Shradder #N/A Tri-anim 30% Smiths Medical ASD Portex 30% Trinity Laboratories #N/A Snowbird Mountain Gear #N/A TW Medical #N/A Splash Shield 30% Underwater Kinetics #N/A S oricidin International #N/A Unomedical Maersk Medical #N/A Spur 38% VentLab #N/A SSCOR 18% Veriflo Medical #N/A Statcor 30% Vermont Medical #N/A Stearns Manufacturing #N/A Victor Medical #N/A Sterilix USA #N/A Vortran #N/A Sun -Med 35% Waismed 30% Sunrise Medical DeVilbiss 30% Weaver & Company #N/A Superior #N/A Welch Allyn 30% Surgical Specialties #N/A Western Medica #N/A Sur ilance 35% WestMed #N/A Sur ilube 30% Wet Pruf 30% Sween Corp. #N/A Wholesale Tae #N/A Swift First Aid #N/A Winefield Ind. #N/A S rex-Ne tune #N/A Wolfe Tory Medical 30% Tec Laboratories #N/A Yankhauer 18% Tech+Med Industries #N/A Zefon Medical Products #N/A Techst les, Inc. 30% Zoll 30% Teledyne Analytical Instruments Terumo Teva The Battery Bank Thermo Thin Red Line Thomas Tidi ITimely Medical Innovations Tinker Medical Devices #N/A 30% #N/A 30% #N/A #N/A 25% 30% #N/A #N/A Page 4 of 5 819 Page 5 of 5 820 ljjj� Bound Tree YOM PCP N761 Ery EMS To Whom It May Concern: 5000 Tuttle Crossing Blvd. Dublin, OH 43016 614.760.5000 www.boundtree.com In response to your bid ITB 23-13-136AK, Bound Tree Medical is pleased to offer 30% off of the prices on supplies for all other manufacturers on www.boundtree.com not specifically listed on this bid. In order to provide a percentage off list discount, it is necessary for Bound Tree to exclude certain product categories or manufacturer products. This is largely due to the cost variability of these items as a result of market demand and raw material costs. Products excluded from the percentage off bid include the following: Manufacturers Excluded Product Categories Excluded 5.11 Tactical Capital Equipment Cardio Partners Custom Kits Kin Fisher Medical Inventory &Secure Storage Systems Philips Medical Kin Vision and Airways Thermal Angel Preventative Maintenance Qinflow Supraglottic Airways and Kits Recertified AEDs Service Contracts 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, Dwight Lowry Pricing Analyst Bound Tree Medical, LLC 821 NV Meeting Date: 06/18/2024 Proposed Resolution No. R24-131- Approve utilizing the Region 4 Education Service Center (ESC) as the Principal Procurement Agency, which partnered with OMNIA Partners, to establish a national cooperative Contract No. R220701 and Authorize the City Manager to sign an agreement with ADT Commercial, LLC, of Boca Raton, Florida, for Facility Technology Integration & Security System Services for an estimated annual cost of $150,000. The Region 4 Education Service Center's procurement process satisfies the City's competitive bid requirements. Requested Action: Staff recommends approval of Proposed Resolution No. R24-131. Explanation of Request: Public Works - Facilities Department is looking to secure services from ADT Commercial, LLC, with a one-time cost for equipment installation of $23,732.70 for 17 identified City Facility sites. Monthly charges for Fire Inspections, 24 hour Monitoring, UL Certification & Fire Cellular Communication Services, and Sprinkler Inspections, as well as Fire Extinguisher and Fire Backflow Inspections, which includes repairs, service, and maintenance estimates a not to exceed of $150,000 annually. City Hall Schoolhouse Children Culture and Arts Center Utilities Department Police Department Police Range Women's Club Senior Center Ezell Hester Center Intracoastal Park Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Public Works #1 Public Works #2 How will this affect city programs or services? ADT Commercial, LLC, will help create a comprehensive security plan, install, inspect, monitor, and service the City's facilities identified 822 above. Fiscal Impact: This is a budgeted item. Attachments: R24-131 Age nda_Item_1575-2023_Resolution_for_ADT_Comme rcial_Piggyback_Agmt.docx Exhibit A to Resolution - Agreement - ADT Commercial LLC.pdf Exhibit A and B to Piggyback Agmt.pdf 823 I RESOLUTION NO. R24-131 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN THE 5 CITY AND ADT COMMERCIAL, LLC, FOR FACILITY TECHNOLOGY 6 INTEGRATION & SECURITY SYSTEM SERVICES, PROVIDING AN EFFECTIVE 7 DATE, AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, on October 7, 2021, the Region 4 Education Service Center (ESC) issued a 10 "Request for Proposals" (RFP) as the Principal Procurement Agency, which partnered with OMNIA 11 Partners to establish a national cooperative contract for Facility Technology Integration & Security 12 System Services for which it received a total of three (3) proposals; and 13 WHEREAS, the Board of Directors of Region 4 Education Service Center found ADT 14 Commercial, LLC, to be a responsive, responsible bidder and awarded a three-year (3) contract, 15 Contract No. R220701, commencing April 1, 2022, through March 31, 2025, with two (2) additional 16 one-year renewal options; and 17 WHEREAS, the City desires to obtain Facility Technology Integration & Security System 18 Services; and 19 WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, 20 provides authority for the City to acquire or contract for services without utilizing a sealed 21 competitive method or the written quotations methods where the desired services are the subject 22 of an agreement that utilizes another government entity's contract, provided that the contract 23 was awarded based strictly on competitive bidding; and 24 WHEREAS, in order to maintain and protect the City's facilities, the City's Public Works 25 Infrastructure Division is requesting the City enter into a Piggyback Agreement with the Vendor 26 to provide Facility Technology Integration & Security System Services ("Services") and 27 WHEREAS, the Vendor has provided the City with a proposal for services; and 28 WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor 29 for Services under the terms and conditions of the Board of Directors of Region 4 Education 30 Service Center's Agreement; and 31 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Board of 32 Directors of Region 4 Education Service Center's Agreement; and 824 33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 34 in the best interests of the citizens and residents of the City to approve a Piggyback Agreement 35 between the City and ADT Commercial, LLC, for Facility Technology Integration & Security System 36 Services. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 39 BEACH, FLORIDA, THAT: 40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 41 being true and correct and are hereby made a specific part of this Resolution upon adoption. 42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve a Piggyback Agreement, between ADT Commercial, LLC, and the City for Facility 44 Technology Integration & Security System Services (the "Piggyback Agreement"), in form and 45 substance similar to that attached as "Exhibit A." 46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the City Manager to execute a Piggyback Agreement and such other related 48 documents as may be necessary to accomplish the purpose of this Resolution. 49 SECTION 4. One fully executed original of the Piggyback Agreement shall be retained 50 by the City Clerk as a public record of the City. A copy of the fully executed Piggyback Agreement 51 shall be provided to Kristeena Pinto to forward to the Vendor. 52 SECTION 5. This Resolution shall take effect in accordance with law. 53 54 55 56 57 58 59 [signatures on following page] 825 .E 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney MEMO LEGAL REVIEWED BY: J. Wenzel DATE: 05/14/2024 k fi P An' �Sk6 �k PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ADT COMMERCIAL LLC. This Piggyback Agreement is made as of this _ day of May 2024 by and between ADT Commercial, LLC, with a principal address of 1501 Yamato Road, Boca Raton, FL 33431, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, on October 7, 2021, the Region 4 Education Service Center (ESC) issued a "Request for Proposals" (RFP), as the Principal Procurement Agency, which partnered with OMNIA Partners to establish a national cooperative contract for Facility Technology Integration & Security System Services for which it received a total of three (3) proposals; and WHEREAS, the Board of Directors of Region 4 Education Service Center found ADT Commercial, LLC, to be a responsive, responsible bidder, and awarded a three-year (3) contract, Contract No. R220701 (the "Master Agreement"), commencing April 1, 2022 through March 31, 2025, with two (2) additional one-year renewal options; and WHEREAS, the City desires to obtain Facility Technology Integration & Security System Services; and WHEREAS, the City's Purchasing Policy Section X —Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain and protect the City's facilities, the City's Public Works Infrastructure Division is requesting the City enter into a Piggyback Agreement with the Vendor to provide Facility Technology Integration & Security System Services ("Services"); and WHEREAS, the Vendor has provided the City with a proposal for Services, attached as Exhibit "A;" and WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor for Services under the terms and conditions of the Master Agreement; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit `B." Piggyback Contract — ADT Commercial LLC. l 827 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties, and will remain in effect until March 31, 2025. The Agreement may be renewed for two (2) additional one (1) year terms. The City Manager is authorized to execute amendments renewing the Agreement on behalf of the City. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS AND FEES: The Vendor shall complete the Services, as provided in Vendor's Proposal attached as Exhibit "A" on the same terms and in the same manner as set forth in the Master Agreement. except as otherwise provided herein. The City may add or remove locations for Services throughout the duration of the Agreement, and the City Manager is authorized to execute any document necessary to execute or remove locations, provided that, the fee does not exceed the not to exceed amount set forth below. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "Region 4 Education Service Center (ESC)" are hereby replaced with the "City of Boynton Beach." The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services in an amount not to exceed $150,000 per year. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Piggyback Contract — ADT Commercial LLC. 2 828 Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law Piggyback Contract — ADT Commercial LLC. 3 829 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. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E -VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E -Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. 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. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. Piggyback Contract — ADT Commercial LLC. 4 830 12. 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar 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. 15. 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) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub -subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount Piggyback Contract— ADT Commercial LLC. 5 831 remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Piggyback Contract—ADT Commercial LLC. 6 832 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ADT COMMERCIAL LLC. Daniel Dugger, City Manager Approved as to Form: Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk Q� (Signature), Company Print Name of Authorized Official Title Attest/Authenticated : -,(Signature), Witness Une Print Name (Corporate Seal) Piggyback Contract — ADT Commercial LLC. 7 833 EXHIBIT A VENDOR'S PROPOSAL Piggyback Contract— ADT Commercial LLC. 1 834 Power -ad by Experience. Driver. by Excellence."' M Proposal prepared for: City of Boynton Beach Fire Cellular Communicators Omnia Contract * R220701 for Facility Technology Integration & Security System Services Presented by: Rich Van Walleghern 561-676-8706 13/1912024 Sales Agreement ID: 891805277 Proposal pricing is valid for 30 days 835 Equipment and Investment Statement for: Fire Cellular Fire Station #1 Site Information: City of Boynton Beach, 200 NE 1st St, Fire Station #1, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity 1 1 1 Description Napco Starlink Cellular Alarm Communicator; Fire; IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery BATTERY 12V- 4AH SEALED LEAD ACID Napco Starlink External Antenna Kit {includes: SLE - ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Unit Amount Extended Amount $254.70 $254.70 Sub Total Equipment Cost: $7.94 $211.54 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Fire Station #1 Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Plus applicable tax Proposal pricing is validfor 30 day $ 7.94 $211.54 $474.18 Equipment and Investment Statement for: Fire Cellular Senior Center Site Information: City of Baynton Beach, 1021 S Federal Hwy, Senior Center, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napr_o Starlink Cellular Alarm Communicator, Fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V- 4AI-I SEALED I_FAD ACID $7.94 $7.94 1 Napco Starlink External Antenna Kit (includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Senior Center Installation Price $1,582,181 r Total Annual Recurring Services Charges" $0.00 'Plus applicable ta. Proposal pricing is valid for 30 days 837 Equipment and Investment Statement for: Fire Cellular Fire Station #5 Site Information: City of Boynton Beach, 2080 High Ridge Rd., Fire Station #5, BOYNTON BEACH, FL 33426 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included `- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity 1 N Description Napco Starlink Cellular Alarm Communicator; Fire; IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker, MUST add 12v, 4AH battery BATTERY 12V- 4AH SEALED LEAD ACID Napco Starlink External Antenna Kit (includes: SLE - ANT Antenna; 50' LMR 300 Coax lype N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Labor & Other Summary: Description permit Labor Unit Amount Extended Amount $254.70 $254.70 $7.94 $211.54 $ 7.94 $211.54 Sub Total Equipment Cost: $474.18 Amount $300.00 $808.00 Sub Total Labor & Other Cost: $1,108,00 Summary of Charges for. Fire Cellular Fire Station #5 Installation Price $1,582,18 Total Annual Recurring Services Charges` $0.00 `Plus applicable to Proposal pricing is valid for 30 days Site Information: City of Boynton Beach, 2615 Woolbright Rd, Fire Station #2, BOYNTON BEACH, FL 33426 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description UnitAmount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7.94 $7.94 1 Napco Starlink External Antenna Kit (includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Fire Station #2 Installation Price $1,582.18 Total Annual Recurring Services Charges* $0,00 "Plus applicable tax Proposal pricing is valid for 30 days 839 Equipment and Investment Statement for: Fire Cellular Fire Station #4 Site Information: City of Boynton Beach, 1919 Federal Hwy, Fire Station #4, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7,94 $7.94 1 Napco Starlink External Antenna Kit {includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable, cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Fire Station #4 Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 'Plus applicable ta. Proposal pricing is valid for 30 day 840 Equipment a Intracoastal Park Site Information: City of Boynton Beach, 138 Harbors Way, Intracoastal Park, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker, MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7.94 $7.94 1 Napco Starlink External Antenna Kit (includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Intracoastal Park installation Price $1,582.18 Total Annual Retuning Services Charges* $0.00 'Plus applicable tax Proposal pricing is valid for 30 days 841 Equipment and Investment Statement for: Fire Cellular Ezell Mester Center Site information: City of Boynton Beach, 1901 N Seacrest Blvd., Ezell Hester Center, BOYNTON BEACH, Fl- 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker, MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7.94 $7.94 1 Napco Starlink External Antenna Kit (includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable, cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Ezell Hester Center Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 'Plus applicable tax Proposal pricing is valid for 30 days $474.18 842 Equipment and Investment Statement for: Fire Cellular Woman's Club Site Information: City of Boynton Beach, 1010 Federal Hwy, Woman's Club, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity 1 Description Napco Starlink Cellular Alarm Communicator, Fire; IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker, MUST add 12v, 4AH battery BATTERY 12V- 4AH SEALED LEAD ACID Napco Starlink External Antenna Kit (includes: SLE - ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Labor & Other Summary: Description permit Labor Unit Amount Extended Amount $2S4.70 $254.70 $7.94 $7.44 $21154 $211.54 Sub Total Equipment Cost: $474.18 Amount $300.00 $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Woman's Club Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 'Plus applicable ta, Proposal Pricing is valid for 30 daysl 843 Equipment and Investment Statement for: Fire Cellular Fire Station #3 Site Information: City of Boynton Beach, 3501 N Congress Ave, Fire Station #3, BOYNTON BEACH, FL 33436 Scope of Work: Install a Fire Sale Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity 1 Description Napco Starlink Cellular Alarm Communicator; Fire; IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery BATTERY 12V- 4AI-I SEALED LEAD ACID Napco Starlink External Antenna Kit {includes: SLE - ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Labor & Other Summary: Description permit Labor Unit Amount Extended Amount $254.70 $254.70 $7.94 $211,54 $7.94 $211.54 Sub Total Equipment Cost: $474.18 Amount $300.00 $808.00 Sub Total Labor & Other Cost $1,108.00 Summary of Charges for. Fire Cellular Fire Station #3 Installation Price $1,582.183 Total Annual Recurring Services Charges* $0.00 "Plus applicable ta, Proposal pricing is valid for 30 days 844 x Equipment and Investment Statement for: Fire Cellular Police Department Site Information: City of Boynton Beach, 2100 High Ridge Rd., Police Department, BOYNTON BEACH, FL 33426 Scope of Work: Install a Fire Sale Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included "- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; $254.70 $254.70 IP / Verizon LTE; Sale Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7.94 $7.94 1 Napco Starlink External Antenna Kit (includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax type N male to SMA male terminated cable; cable damps, hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Police Department Installation Price $1,582.18 Total Annual Recurring Services Charges' $0,00 *Plus applicable tax Proposal pricing is valid for 30 days 845 Equipment and Investment Statement for: Fire Cellular City Hall Site Information: City of Boynton Beach, 100 E Ocean Ave., City Hall, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following; > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity 1 Description Napco Starlink Cellular Alarm Communicator; fire; IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery BATTERY 12V- 4AH SEALED LEAD ACID Napco Starlink External Antenna Kit {includes: SLE - ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Labor & Other Summary: Description permit Labor Unit Amount Extended Amount $254.70 $254.70 $7.94 $211.54 $7.44 $211.54 Sub Total Equipment Cost: $474.18 Amount $300.00 $808.00 Sub Total Labor & Other Cost $1,108.00 Summary of Charges for: Fire Cellular City Hall F llation Price $1,582.18 Annual Recurring Services Charges* $0.00 ` "Plus applicable tax' Proposal pricing is valid for 30 days E. I i Equipment and Investment Statement for: Fire Cellular ';Utilities Department Bldg. Site Information: City of Boynton Beach, 124 E Woolbright Rd, Utilities Department Bldg., BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, Fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7.94 $7.94 1 Napco Stariink External Antenna Kit {includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Utilities Department Bldg. Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Plus applicable to Proposal pricing isvalid for 30 days 847 Equipment and Investment Statement for: Fire Cellular Culture and Arts Center Site Information: City of Boynton Beach, 125 E Ocean Ave., Culture and Arts Center, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator, Fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure, 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7.44 $7.94 1 Napco Starlink External Antenna Kit (includes: SLE- $211.54 $21154 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Culture and Arts Center Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Plus applicable to Proposal pricing is valid for 30 day L. I i Equipment and Investment Statement for: Fire Cellular Police Range Site Information: City of Boynton Beach, 3501 Miner Rd., Police Range, BOYNTON BEACH, FL 33436 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes_ > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm Communicator; Fire; $254.70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker, MUST add 12v, 4AH battery 1 BATTERY 12V- 4AH SEALED LEAD ACID $7.94 $7.94 1 Napco Starlink External Antenna Kit (includes: SLE- $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Labor & Other Summary: Description permit Labor Installation Price Sub Total Equipment Cost. $474.18 Amount $300.00 $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Police Range Annual Recurring Services Charges* $1,582.18 'Plus applicable to Proposal pricing is valid for .30 849 Equipment and Investment Statement for: Fire Cellular Schoolhouse Children's Museum Site Information: City of Boynton Beach, 129 E Ocean Ave, Schoolhouse Children's Museum, BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity 1 t Description Napco Starlink Cellular Alarm Communicator, Fire; IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery BATTERY 12V- 4AH SEALED LEAD ACID Napco Starlink External Antenna Kit (includes: SLE - ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Labor & Other Summary: Description permit Labor Unit Amount Extended Amount $254.70 $254,70 $7.94 $211.54 $7.94 $211.54 Sub Total Equipment Cost: $474.18 Amount $300.00 $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Schoolhouse Children's Museum Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 'Plus applicable ta• . Proposal pricing is valid for 30 day: 850 Summary of Charges for: Fire Cellular Fire Station #1 Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Pius applicable tax Proposal pncing is valid for 30 days Summary of Charges for: Fire Cellular Senior Center Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for. Fire Cellular Fire Station #5 Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges` $0.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Fire Station #2 Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for. Fire Cellular Fire Station #4 Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax Proposal pncing is valid for 30 days Summary of Charges for: Fire Cellular Intracoastal Park Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 'Plus applicable tax Proposal pricing is valid for 30 days 851 Summary of Charges for: Fire Cellular Ezell Hester Center Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax Proposal pricing a valid for 30 days Summary of Charges for: Fire Cellular Woman's Club Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Fire Station #3 Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Police Department Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular City Hall Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for. Fire Cellular Utilities Department Bldg. Installation Price $1,582.18 Total Installation Price* $1,582.18 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax proposal pricing is valid for 30 days 852 Summary of Charges for: Fire Cellular Culture and Arts Center Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Police Range Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Schoolhouse Children's Museum Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Total Proposal Option Installation Price Total Annual Recurring Services Charges* `Plus applicable tax Proposal pricing is valid for 30 days $1,582.18 $1,582.18 $0.00 $1,582.18 $1,582.18 $0.00 $1582.18 $1,582.18 $0.00 $23,732.70 $0.00 853 Investment Summary Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #1 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Senior Center Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Senior Center Installation Price Total Installation Price* $0.00 $0.00 $73.00 $ 0.00 $0.00 $73.00 $ 0.00 $0.00 Total Monthly Recurring Services Charges* $50.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Public Works #Z Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire inspections Public Works #1 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #5 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days 854 Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #2 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 `Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #2 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #4 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #4 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Intracoastal Park Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Intracoastal Park Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 *Plus applicable tax Proposal pricing is valid for 30 days 855 Summary of Charges for: Monitoring, UL & Fire Cell Service Ezell Hester Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Ezell Hester Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #3 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #3 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $60.00 `Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Police Dept. Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Police Dept. Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $130.00 "Plus applicable tax Proposal pricing is valid for 30 days 856 Summary of Charges for: Monitoring, UL & Fire Cell Service Woman's Club Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Woman's Club Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service City Hall Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections City Hall Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tar Proposal pricing is valid for 30 day: Summary of Charges for: Monitoring, UL & Fire Cell Service Utilities Department Bldg. Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for:. Fire Inspections Utilities Department Bldg. Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax Proposal pricing is valid for 30 days $0.00 $0.00 $158.00 $0.00 $0.00 $73.00 $0.00 $0.00 $50.00 857 Summary of Charges for: Monitoring, UL & Fire Cell Service Culture and Arts Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Culture and Arts Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $60.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Police Range Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Schoolhouse Childrens Museum Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Schoolhouse Childrens Museum Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Schoolhouse Childrens Museum Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days 858 Summary of Charges for: Fire Inspections Police Range Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Culture and Arts Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 `Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station 45 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #1 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #1 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* "Plus applicable tax Proposal pricing is valid for 30 days $0.00 $0.00 $60.00 No $0.00 $ 79.00 Summary of Charges for: Sprinkler Inspections Senior Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 'Plus applicable tax Proposal pricing is valid for 30 days 859 Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #5 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Ezell Hester Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Intracoastal Park Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #4 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #2 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days $0.00 $0.00 $79.00 $0.00 $0.00 $79.00 Summary of Charges for: Sprinkler Inspections City Hall Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $257.00 *Plus applicable tax Proposal pricing is valid for 30 days 860 Summary of Charges for: Sprinkler Inspections Women's Club Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $89.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Police Dept. Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $119.00 *Plus applicable tax Proposal pricing is valid for 30 days Total Proposal Option Installation Price $0.00 Total Annual Recurring Services Charges* $41,460.00 *Plus applicable tax Proposal pricing is valid for 30 days 861 ADDENDUM TO PURCHASE ORDER, INSTALLATION, OR SERVICE AGREEMENT Customer. Date of Purchase Order/Agreement ProJed Project Name/PO No. Manager. THIS ADDENDUM TO PURCHASE ORDER, INSTALLATION, OR SERVICE AGREEMENT is made and entered Into, and is attached to and made a part of such Purchase Order/Pgreament (the 'Agreement') dated above between ADT Commercial LLC (heminafter'ADTC") and the Customer identified above (Customer). RECITALS A ADTC has been engaged by Customer to install, or service and/or maintain, the Project(s) certain access control, closed circuit television, surveillance, fire detection, intrusion detection andlor other security equipment (herein collectively referred to as the 'System"), which is Intended to, among other things, avert or detect intrusion, burglary, theft or fire events. In addition, ADTC may have been engaged by Customer to provide certain monitoring, maintenance, inspection, guard or other services in connection with the System (herein collectively referred to as the "Sarvices'). B. The parties acknowledge that () the risk of kiss, and the potential liability for such losses, exists before, and is independent of, the provision of Services to the Project f) security systems do not create, nor do they increase, the risk or extent of such losses, (Ili) ADTC does not and cannot control the situations or events that give rise to the occurrences (burglaries, fires, etc.) or the consequences thereof (property loss, personal injury, eta) that the System or Services are intended to evert or detect, and (iv) because of the unique nature of the System and Services, the parties have agreed that ADTC's liability should be limited in ac ordance with the provisions of this Addendum. AGREEMENTS Accordingly, for and in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, It is hereby agreed as follows: 1. Applicability. This Addendum is intended to modify the Agreement as it pertains to the ADTC's Services on the above Prgec4s). The terns of this Addendum shall control over any corngicting or inconsistent provision of the Agreement or any other agreement between or among Customer and ADTC, and/or any third party with regard to the subject matter hereof. 2.c(f2rng,S,9!_yLE@4. If Customer has subscribed to Monitoring, Signal Receiving and Notification Services, ADTC shall program the security system to communicate with ADTC's monitoring facility (`Central Station'. When the Central Station receives an alarm signal from Customers System (an *Alarm Event), ADTC will make reasonable efforts, consistent with local taws and our response policies, to contact the appropriate local emergency response provider ( Emergency Response Provider' or 'ERP), and the first person designated on Customers Monitoring Information Schedule. In the event a burglar alarm signal or fire signal registers at the Central Station, ADTC may, In our sale discretion, endeavor to contact the Premises by telephone to verify that the Alarm Event is not a false alarm. Some local governments may place conditions or restrictions on their dispatch of ERPS in response to an Afars Event, and such conditions or restrictions may require that additional measures be taken to verify the Alarm Event before dispatch. ADTC does not guarantee that such additional measures will be successful or that Emergency Response Providers wig be dispatched should an Alarm Event occur. In the event a supervisory signal or trouble signal registers at our Central Station, ADTC shall endeavor to notify the Premises or the first available person designated on Customers Monitoring Information Schedule. ADTC may, without notice to Customer, in response to governmental or insurance requirements, or otherwise in our sole discretion, alter, amend or discontinue any of our policies and procedures for alarm response. If Customers police or fie department now or in the future requires physical or visual verification of an emergency condition before responding to a request for assistance, Customer agrees to subscribe to such service if provided by us, or otherwise comply with such requirements. ADTC may charge an additional fee for such service. In addition, ADTC is subject to various governmental regulations and industry standards designed to reduce false alarms. These regulations and standards may result in practices and procedures that delay the. notification of authorities of alarm activations, including, without limitation, programmed delays in Customer's System's communication with our Central Station. In the event Alarm Verification Service is being furnished, It is mutually understood and agreed that equipment los being installed which, as to certain locations in the Premises, will require the activation of two sensing devices, or a second activation of a single alarm sensor, or a continuous alarm event from a single sensor, in order for an alann signal to be transmitted. Customer assumes fug responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and/or transrtriding equipment at the Premises. Customer represents and warrants to ADTC that any vault to be protected by ADTC hereunder by sound or vibration detection systems has the minimum construction characteristics prescribed by the Underwriters' Laboratories, Inc. Customer agrees to test any ultrasonic, microwave, capacitance or other electronic equipment designated on the Equipment page of this document or on Customers separate Schedule of Protection prior to setting the alarm System for dosed periods, according to procedures established from time to time by ADTC, and to notify ADTC promptly in the event that such equipment fails to respond to the test 3. SIOfieS Alnsf+ pr. CUSTOMER AGREES THAT EXCEPT FOR THE LIMITED INDEMNITY PROVIDED IN PARAGRAPH 4(a) BELOW: (A) ADTC IS NOT AN INSURER OF CUSTOMER, PERSONS WORKING OR OTHERWISE PRESENT AT CUSTOMER'S PREMISES, OR OF CUSTOMER'S PREMISES OR ITS CONTENTS; (B) IT IS CUSTOMER'S RESPONSIBILITY TO OBTAIN ADEQUATE INSURANCE COVERING CUSTOMER, CUSTOMER'S PREMISES AND ITS CONTENTS, CUSTOMER'S EMPLOYEES, INVITEES AND OTHER AFFECTED PERSONS AND PROPERTY; (C) OUR CHARGES ARE BASED ON THE DETERRENCE AND OTHER VALUE OF THE EQUIPMENT AND SERVICES ADTC PROVIDES AND OUR LIMITED LIABILITY UNDER THIS CONTRACT, AND NOT ON THE VALUE OF CUSTOMER'S PREMISES OR ITS CONTENTS, OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF PERSONAL INJURY (INCLUDING DEATH) TO AFFECTED PERSONS; AND (D) THE SYSTEM AND SERVICES MAY NOT ALWAYS OPERATE AS INTENDED FOR VARIOUS REASONS, INCLUDING OUR NEGLIGENCE OR OTHER FAULT. ADTC CANNOT PREDICT THE POTENTIAL AMOUNT, EXTENT, OR SEVERITY OF ANY DAMAGES OR INJURIES THAT MAY BE INCURRED BY CUSTOMER AND OTHER PERSONS, WHICH COULD BE DUE TO THE FAILURE OF THE SYSTEM OR SERVICES TO WORK AS INTENDED. AS SUCH (1) CUSTOMER AGREES THAT THE LIMITS ON OUR LIABILITY, AND THE WAIVERS AND INDEMNITIES SET FORTH IN THIS CONTRACT, ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN CUSTOMER,ADTCANO ANY AFFECTED THIRD PARTIES; (11) CUSTOMER WILL LOOK PRIMARILY TO CUSTOMER'S INSURER FOR FINANCIAL PROTECTION FROM SUCH RISKS AND LIABILITIES, AND (111) EXCEPT AS PROVIDED IN PARAGRAPH 6, CUSTOMER WAIVES ALL OTHER RIGHTS AND REMEDIES AGAINST ADTC THAT CUSTOMER MAY HAVE DUE TO ANY LOSSES OR INJURIES CUSTOMER OR OTHERS INCUR 4. A(1TC Indemnification. Notwithstanding any term or condition of the Agreement or other agreement between ADTC and Customer to the contrary: (a) In Connection with WQ qct $te,Pf_Ict Vp: ADTC wail only hold Customer, its officers, directors, agents and employees harmless from any and all losses, damages, injuies, liabilities or other expenses ('Losses") to the extent directly caused by the negligent acts or omissions of ADTC, it's agents or employees, during and within the scope of their employment, while on the Project Site. (b) fir. Notwithstanding the above. ADTC's obligations under paragraph 4(a) shall nal apply to arty Losses arising out of, resulting from or in any way due or attributable to the condition, non- function, malfunction, faulty design, or failure in any respect of the System or Services to operate or perform as intended (herein, "System Failure Events"), unless such System Failure Events are determned to be caused by, or arise out of, the sale or gross negligence, or intentional misconduct of ADTC, its agents or employees. ADTC's liability for System Failure Events Is strictly limited pursuant to paragraphs 5 and 6 below. S. System, Falfurelypatil. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, THE CONTRACT DOCUMENTS, OR ANY OTHER AGREEMENT BETWEEN OR AMONG CUSTOMER ADTC, OR ANY THIRD PARTY, NEITHER ADTC NOR ANY PERSON OR ENTITY AFFILIATED WITH ADTC SHALL BE LIABLE FOR ANY LOSSES ARISING DIRECTLY OR INDIRECTLY FROM ANY SYSTEM FAILURE EVENTS. IF ADTC OR ANY PERSON OR ENTITY AFFILIATED WITH ADTC IS DETERMINED TO BE LIABLE FOR ANY LOSSES DUE TO A SYSTEM FAILURE EVENT IN ANY RESPECT, THEIR LIABILITY SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT PAID UNDER THE AGREEMENT, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY. THIS AMOUNT IS THE SOLE AND EXCLUSIVE REMEDY UNLESS THE LOSSES ARE DETERMINED TO BE CAUSED BY ADTC'S SOLE OR GROSS NEGLIGENCE (ACTIVE, PASSIVE OR OTHERWISE). This provision shag survive the termination of this Contract and Customers Account, as well as voluntary payment in full by Customer, any legal proceedings by ADTC to collect a debt owed by Customer, any bankruptcy by Customer, or any sale by ADTC of Customers Account S. Additional Limitations or 41Ajijjjky IN NO EVENT SHALL ADTC NOR ANY PERSON OR ENTITY AFFILIATED WITH ADTC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECULATNE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, WHETHER BY STATUTE, 202o CwAP4S-*. A9ir�.d Adda,dwn(Monnwing inti.) RW. 72Z20.doc CONTRACT 81 E. - I IN TORT, AT COMMON LAW, BY STRICT LIABILITY OR IN CONTRACT. NO SUiT OR ACTION SHALL BE BROUGHT AGAINST ADTC FOR FAILURE OF THE SYSTEM OR THE SERVICES IN ANY RESPECT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. This provision shall survive the lamination of this Contract and Customer's Account, as wet as voluntary payment in full by Customer, any legal proceedings by ADTC to colied a debt owed by Customer, any bankruptcy by Customer, or any sale by ADTC of Customer's Account. 7. Hazardous Materials. in al cases except when the project involves new construction, Customer represents and warrants that to the best of Customer's knowledge, the Project Site is free of hazardous materials. As used herein, the temp "hazardous materials" shall include but not be limited to asbestos, asbestos -containing material, polychlorinated biphenyl ("PCB"), formaldehyde or other potentially toxic or otherwise hazardous material as classified by applicable state or federal law. if any such substance is discovered on the Project Site, ADTC will riot be required to install or service the System unless and until Customer certifies the removal or safe containment of such hazardous materials. Customer agrees to indemnify, defend, and hold ADTC, its officers, directors, and agents harmless from any damages, Balms, fryuries, liabilities or other expenses resulting from the exposure of ADTC's employees, contractors, or subcontractors to hazardous materials at the Project Site, 8. Payment. Nothing in the Agreement shall be construed as a waiver by ADTC of its rights to payment under applicable prompt payment statutes. Further, Customer shall not refuse payment of any retainage due and owing to ADTC without ADTC's written consent and, if such refusal is based on ADTC's performance of the work covered by the Agreement, then ADTC shall be entitled to reasonable notice of the basis for withholding any such retainage and a reasonable opportunity to cure any such defective work. 9. Force Majeuig. ADTC shall not he responsible for any delays or costs caused by acts of God (such as fires, earthquakes, floods, hurricanes, tropical storms, tornadoes, explosions and other severe ads of nature or weather), war, revolutions, acts of terrorism, epidemics, pandemics, contagions, acts of governmental authorities such as expropriation, condemnation, quarantining, executive orders and changes in laws and reguatlow, strikes, labor disputes or for arty other cause beyond ADTC's reasonable control. ADTC shall be entitled to a Change Order and reimbursement for all demonstrable costs Incurred due to Force Majeure and an extension of time equivalent to the delay caused by Force Majeure. The parties expressly agree that any delays or costs caused by or related to COMD-19, foreseeable or not, shall be considered a Force Majeure event for purposes of this Agreement. 10. Confr%uin TEffoct Except to the extent modified by this Addendum, the terms and conditions of the Agreement shall remain In full force and effect in accordance with its tams. In the event that arty provision of the Agreement, as amended by this Addendum, is found invalid or unenforceable pursuant to judicial decree, the remainder of the amended Agreement shall remain valid and enforceable according to its terms - Captions used herein are for convenience only and shall not be deemed a part of the Agreement or this Addendum or be used to construe any of the provisions thereof or hereof. The Agreement, together with this Addendum, and any other documents specifically incorporated by reference therein or herein, constitutes the entire understanding, agreement and contract between the parties hereto, and supersedes any and all prior or contemporaneous oral or written representations or communications with respect to the subject matter hereof, all of which communications are merged herein. Neither party has relied upon any agreement, understading, representation, warranty, nor covenant not expressly set forth in writing herein. The Agreement may be amended only by a written Instrument duly executed by both parties and may not be amended orally or by course of performance. Ail such amendments or modifications of the Agreement shall be binding upon the parties despite any lack of consideration, so long as the same shall be In writing and executed by the parties hereto. IN WITNESS WHEREOF, Customer and ADTC have caused this Addendum to be executed as of the date first written above. ADT COMMERCIAL LLC BY:_ _I I I � By, Printed Name: , -1-e, Printed Name: Title:.,. .. � f' .?d v J -'J Miller. ., CONTRACT 91 EXHIBIT B CONTRACT BETWEEN REGION 4 EDUCATION SERVICE CENTER AND ADT COMMERCIAL LLC. Piggyback Contract — ADT Commercial LLC. 2 864 Region 4 Education Service Center (ESC) for Facility Technology Integration & Security System Services with Effective: April 1, 2022 865 The following documents comprise the executed contract between the Region 4 Education Service Center and ADT Commercial LLC, effective April 1, 2022: I. Vendor Contract and Signature Form 11. Supplier's Response to the RFP, incorporated by reference CONTRACT This Contract ("Contract') is made as of April 1, 2022 by and between ADT Commercial LLC ("Contractor') and Region 4 Education Service Center ("Region 4 ESC') for the purchase of Facility Technology Integration & Security System Services ("the products and services'). RECITALS WHEREAS, Region 4 ESC issued Request for Proposals Number R22-07 for Facility Technology Integration & Security System Services ("RFP"), to which Contractor provided a response ("Proposal"); and WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract. WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies") may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement. The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local "service" agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any CONTRACT 1 867 combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein. 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and Final Offer(s). 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail: i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal iv. RFP and any addenda 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. 10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor's pricing. 11)TERMINATION OF CONTRACT a) Cancellation for Non -Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to CONTRACT 2 ..: failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order. Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for reasonable, direct, and documented expenses incurred. d) Force Maieure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial and supply chain disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the CONTRACT 3 opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. 12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or terminated. 13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract. 14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries made within the continental US shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. Deliveries made to AK, HI, PR and other US territories shall be F.O.B. Origin. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Unless negotiated otherwise in the Purchase order, payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adiustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC unless otherwise agreed to by Region 4 ESC. It is the Contractor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor's proposal. Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time -limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term. CONTRACT 4 870 18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves 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 a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third - party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC. 19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause. 21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre -installation requirements. 25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a CONTRACT 5 871 material breach and may result in the cancellation of the purchase order at Region 4 ESC's discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 27) Smoking. Persons working under the Contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas. 31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. 32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days' notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. CONTRACT 6 872 33) Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein. CONTRACT 7 873 AOT- Commercial SOLICITATION: 22-07 REGION 4 / OMNIA PARTNERS The undersigned hereby offers and, if awarded, agrees to fumish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted In wrlting. Company Name _ ADT Commercial LLC Address _ 1501 Yamato Road Clty/StatWZp _ Boca Raton, FL 33431 Telephone No. _ 775-287-8110 Email Address _ scottwuiforst@ADT.com Printed Name _ Scott Niforst Title _DI r, 1 e Local Government Programs Authorized signature Accepted by Region 4 ESC: Contract No. R220701 Initial Contract Term April 1, 2022 to March 31, 2025 2/22/2022 ,Region 4 59CAuthorize Boa ember —i5ate Margaret S. Bass Print Name j 2/22/2022 Region 4 ESL: Autnonzed hoard Memoer Date Linda Tinnerman Print Name 874 r• t NATIONALIPA us,coMMUNiTirs FACILITY TECHNOLOGY INTEGRATION & SECURITY SYSTEM SERVICES Executive Summary Lead Agency: Region 4 Education Service Center RFP Issued: October 7, 2021 Response Due Date: January 11, 2022 Awarded to: ADT Commercial LLC Solicitation: 22-07 Pre -Proposal Date: October 21, 2021 Proposals Received: #3 Region 4 Education Service Center issued RFP 22-07 on October 7, 2021, to establish a national cooperative contract for Facility Technology Integration & Security System Services. Overview - • Facility Technology Integration & Security System Services. Each Awarded Offeror may offer their complete product and service offering, or balance of line. • Should an Awarded Offeror utilize distributors, dealers, and/or subcontractor, Participating Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency. Cooperative Language - The solicitation included cooperative purchasing language in Section I. Scope of Work and Appendix D: Region 4 ESC, as the Principal Procurement Agency, defined in APPENDIX D, has partnered with OMNIA Partners, Public Sector ("OMNIA Partners") to make the resultant contract (also known as the "Master Agreement" in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners' cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a "Participating Public Agency") and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNiA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on APPENDIX D, or as otherwise agreed to. APPENDIX D contains additional information about OMNIA Partners and the cooperative purchasing program. Version August 19, 2020 875 Advertisement - Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • Region 4 Education Service Center website • OMNIA Partners website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star -Advertiser, HI • The Advocate — New Orleans, LA • New Jersey Herald, N1 • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • South Carolina website/newsletter (get from Chris White) • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT • Kennebec ME Journal Socio-economic Outreach - To encourage participation of small businesses, minority owned businesses and women owned businesses, Texas Historically underutilized Businesses were notified of the Request for Proposal. Procurement Details - On January 11, 2022 proposals were received from the following offerors: • ADT Commercial LLC • Convergint Technologies, LLC • Schneider Electric Buildings Americas, Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with ADT Commercial LLC and proceeding with contract award upon successful completion of negotiations. Geographic Preferences: No geographic preferences were included in the evaluation of the responses. Region 4 Education Service Center, OMNIA Partners, and ADT Commercial LLC successfully negotiated a contract, and Region 4 Education Service Center executed the agreement with a contract effective date of April 1, 2022. Version August 19, 2020 Scope Details - • ADT Commercial LLC can help create a comprehensive security plan, then install, test, inspect, monitor, service and teach how to use it. Solutions include (but are not limited to): • Access Control • Fire and Safety • Monitoring • Panic Button • Intercom • Intrusion Detection • Video Surveillance • Remote Guard Tours • Cyber Security • Emergency Responder Comms (ERCES) • Mass Notification • Fire Sprinkler • Contract Tracing • Occupancy Management • Traffic Flow Analysis • Real -Time Visitor Management • Access Control Solutions • Modernizing Fire Safety • Risk Assessment & Management • Infrastructure as a Service (laaS) Federal Funds Certifications - The Supplier provided federal funds certifications. The signed federal certifications and contract provisions can be found in Exhibit F of the Supplier's response, incorporated by reference into the Master Agreement, available on the OMNIA Partners website for review. Term - Initial three-year agreement from April 1 through March 31, 2025 with the option to renew for two (2) additional one-year periods through March 31, 2027. The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local "service" agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. Pricing/Discount - Available Upon Request. Version August 19, 2020 877 EXHIBIT A VENDOR'S PROPOSAL Piggyback Contract— ADT Commercial LLC. 1 878 6LO Powered k�y Expe6ence, D6ven Iby Excellence"' 0 Proposal prepared for: City of Boynton Beach Fire Cellular Communicators Omnia Contract # 8220701 for Facility Technology Integration & Security System Services Presented by: Rich Van Walleghem 561-676-8706 13/19/2024 Sales Agreement ID: 891805277 098 Equipment and Investment Statement for: Fire Cellular Fire Station #1 Site Information: City of Boynton Beach, 200 NE 1st St, Fire Station #1, BOYNTON BEACH, FIL 33435 dmrz�� Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes, > All fire inspections to be performed by the City without ADT technician during the inspection, Omnia Contract ## R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm Communicator; Fire.; $254,70 $25430 IP / Verizon ITE; Sole. Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 'I 2v, 4AH battery BATTERY 12V- 4A] I SEALED LEAD AC0 $7.94 $/.94 Napco Starlink External Antenna Kit (includes: SL.E $211.54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connector -sl- etc. Sub Total Equipment Cost: $47418 Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108,00 Summary of Charges for: Fire Cellular Fire Station #1 Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 'PILIS applicable tax Proposal pricing is vdfid for 30 day.] 1,98 1 Equipment and Investment Statement for: Fire Cellular Senior Center Site Information: City of Boynton each, 1021 S Federal Hwy, Senior Center, BOYON BEACH, FL 33435 Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All '120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # 8220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm Communicator; Fire; $25470 $25470 IP / Verizon -TF; Sole. Path or Dual Path; Red Metal Fridosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery 3ArrERY 12V- 4AI I SEALED LEAD ACID $7.94 $7,94 Napcu Starlink External Antenna Kit (includes: Sl.E- $21 1.54 $211-54 ANT Antermal- 50' LMR 300 Coax Type N male to SMA male terminated cable; cab[(,, clamps; hardware; connectors., etc, Sub Total Equipment Cost: $474,18 Description Amount permit $300,00 1-abor $808.00 Sub Totat Labor & Other Cost: $1,108,00 Summary of Charges for Fire Cellular Senior Center Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Plus applicable ta,a Proposal pricing is valid for 30 days zoo I Equipment and Investment Statement for: Fire Cellular Fire Station #5 Site Informatiow City of Boynton each, 2080 High Ridge Rd., Fire Station #5, BOYNTON BEACH, FL 33426 Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All 120VAC direct power, • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services Equipment List* Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarm CornrnUnicator; Fire; $25430 $254,70 IP / Verizon I TE; Sole Path or Dual Path; Red Me1al EndOSUre; 120VAC Po"(ered; with Core Commercial / Enterprise Slicker; MUST add 12v, 4Ai I battery 1 BATTERY 12V 4A1-1 SEALED LEAD ACID $7.94 $7.94 Napco Starlink External Antenna Kit (includes: SLE $211.54 $211.54 ANT Antenna; 50' 1 -MR 300 Coax type N male to SMA male terminated cable,- cable, clamps; hardware; connectors; etc. Sub Total Fquipment Cost: $474.18 Labor & Other Summary: Description Amount Permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108m Summary of Charges for: Fire Cellular Fire Station #5 Installation Price $1,582.18 Total Annual Recurring Services Charges* WOO *Phs applicable ta,, Propos.!p ..... q is valid k,LD daysl ___ CBS Equipment and Investment Statement for: Fire Cellular Fire Station #2 Site Information: City of Boynton Beach, 2615 Woolbright Rd, Fire Station #2, BOYNTON BEACH, FIL 33426 dmr�=ll install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not inc@uded Customer to provide the following: * All 120VAC direct power, * Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes, > All fire inspections to be performed by the City without ADT technician during the inspection, Cimnia Contract # 1 220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount Napco Starlink, Cellular Alarm Communicator; vire; $25470 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Coinmercia� / Enterprise Sticker; MUST add 12v, 4AH battery BAI IERY 12V- 4AH SEALED LEAD ACID $/A4 $7.94 Napco Starlink External Antenna Kit (includes: SLE- $211,54 $111.54 ANT Antenna; 50' LMR 300 Coax Type N urate to SMA male terminated cable; cable clarTIPS; hardware; connectors; etc, Sub Total Equipment Cost: $474.18 Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Fire Station #2 Installation Price $1,582A8 Total Annual Recurring Services Charges* $0,00 *Plus applicable tax proposal pricing is valid for 30 days I Equipment and Investment Statement for: Fire Cellular Fire Station #4 910��1111171!11l 31113MIM Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All 120VAC direct power, • Custorner may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes, > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # R220701 for Facility Technology Integration & Security System Services EMMMMM Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm Communicator, Fire, $25470 $25470 IP / Verizon LTE; Sole. Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4A1 I battery BATTERY 12V 4AH SEALED LEAD ACID $7.94 $7.94 Napco Starlink External Antenna Kit (includes: SLE- $211,54 $211 .54 AN I Antenna; 50' LVIR 300 Coax Type N male to 90A rnale terminated cable; cable clamps; hardware; connectors; etc, Description permit (.a bor Sub Total Equipment Cost: Amount $300.00 $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for. Fire Cellular Fire Station 44 Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Plus applicable tas Proposal prkliig is valid for 30 dayr $474,18 goo N Equipment and Investment Statement for: Fire Cellular Intracoastal Park Site Information: City of Boynton Beach, 138 Harbors Way, Intracoastal Park, BOYNTON BEACH, FL 33435 MEMMEM Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and Installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Cimnla Contract # 1220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm Cornrnunicator; Fire; $254.70 $25410 IF, / Verizon LTE; So[e Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker, MUST add '12v, 4A[ i battery BATTERY '12V 4AFi SEALED LEAD ACID $7.94 $7.94 Napco Starlink External Antenna Kit (includes: SUE- $211.54 $21134 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware.; connectors; etc, Sub Total Equipment Cost: $47418 Labor & Other Summary: Description Amount permit $300,00 Labor $808.00 Sub Total Labor & Other Cost: $1,108,00 Summary of Charges for, Fire Cellular Intracoastal Park installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Plus applicable tax Proposal prichg is valid for 30 days 998 Equipment and Investment Statement for: Fire Cellular Ezell Hester Center ......... .. .. ........ Site Information: City of Boynton Beach, 1901 N Seacrest Blvd., Ezell Hester Center, BOYNTON BEACH, FL 33435 Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not Included Customer to provide the following: • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes, > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # 8220701 for Facility Technology Integration & Security System Services XMRIMMM Quantity Description Unit Amount Extended AmOLrnt Napco Starlink Cellular Alarm Cornrnunicator; Fire; $25410 $254.70 If / Verizon Ll E; Sole Path or Dual Path; Red Metal Enclosure; 1 20VAC Powered; with Core (..ionirnercial / FnLerpnse Sticker; MUST add 12v, 4AH battery BATTERY '12V- 4AH SEALED LEAD ACID $7.94 $7.94 Napco, Starlink External Antenna Kit (inClUdes.- SLE- $21154 $21154 AN I Antenna; 50' LMR 300 Coax Type N rnale to SMA male terminated cable; cable clarnps; hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300.00 Labor $808,00 Sub Total Labor & Other Cost: Summary of Charges for. Fire Cellular Ezell Hester Center Installation Price $1,582.18 Total Annual Recurring Services Charges* Moo *Plus applicable tax Proposal pricing is valid for 30 days LOS Equipment and Investment Statement for: Fire Cellular Woman's Club Site Information: City of Boynton Beach, 1010 Federal Hwy, Woman's Club, BOYNTON BEACH, FL 33435 Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Custorner to provide the following: > All 120VAC direct power. > Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes, > All fire inspections to be performed by the City without ADT technician during the inspection. Omnia Contract # 8220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarrn Cornmunicator; Fire; $25430 $254,70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal Enclosure; 120VAC powered; with Core Commercial / Friterprise Sticker; MUST r add 12v, 4AH battery BA I f ERY 12V- 4AH SEALED LEAD ACID $/.94 $7.94 Napco Starlink External Antenna Kit (includes: SLF- $211,54 $211.54 ANI Antenna; 50' LMR 300 Coax Type N rnate to SMA rnale terminated cable; cable clarnp% hardware; connectors; Ptc. Description permit Labor Installation Price Sub Iota[ Equipment Cost: $47418 Amount $300,00 $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Woman's Club $1,582.1 otal Annual Recurring Services Charges* Vu *Plus applicable Proposal pricing is valid for 30 BOB I Equipment and Investment Statement for: Fire Cellular Fire Station #3 ..... . . . ......... ..................................................................... Site Information: City of Boynton Beach, 3501 N Congress Ave, Fire Station #3, BOYNTON BEACH, FL 33436 Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit, fees included *- Permit inspections not included Custorner to provide the following: • All 120VAC direct power, • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. 1122 RX1161H IVM INS "IM1111111MV511111111 Mrammm Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm ornmunicator, Fire; $254.70 $254.70 IP / Verizon LTE,- Sole Path or Dual Path; Red Metal Enclosure; 'I 20VAC Powered; with Core Commercial / Enterprtse Sticker; MUST add 12v, 4AH battery BAHERY 12V- 4AI-I SEALED LEAD, ACID $/ 94 $7.94 Napco Starlink External Antenna Kit (includes: SLE $21154 $2'11.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA rnale ten-ninated cable; cable clamps; hardware; connectors; etc. Sub Total Fquipmpnt Cost: $4/4,18 Labor & Other Summary: Description Amount permit $300-00 Labor $80&00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Fire Station #3 Installation Price $1,582A8 Total Annual Recurring Services Charges* $0.00 'Plus aicaW pple ta,�, 1, C" " Pl'qposadpririrny rs Valld to ,J7 day'51 /11) to 19 d"Y" 698 Equipment and Investment Statement for: Fire Cellular Police Department Site Information: City of Boynton each, 2100 High Ridge Rd., Police Department, BOYNTON BEACH, FL 33426 RMEMMM Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: * All 120VAC direct power. * Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Orni Contract # 8220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm COMMunicator; Fire; $25410 $254,70 IP / Verizon LTF; Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Cornmercial / Enterprise Sticker; MUST add 12v, 4AH battery BA I I FRY 12V- 4A1 I SEALED LEAD ACID $7.94 $7.94 Napco Starlink External Antenna Kit (includes: SEE- $211,54 $211.54 ANT Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable,- cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474,18 Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Police Department Installation Price $1,58218 Total Annual Recurring Services Charges' $0.00 *Pius applicable tax Proposal pricing Is valid for 0 days 068 Equipment and Investment Statement for: Fire Cellular City Hall Site Information: City of Boynton Beach, 100 E Ocean Ave., City Hall, BOYNTON BEACH, FIL 33435 zm�-,rr . Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the Inspection, Omnia Contract # R220701 for Facility Technology Integration & Security System Services Quantity Description Unit Amount Extended Amount 'I Napco Starlink CelVar Alarm Communicator; Fire; $25410 $254,70 IP / Verizon LTE; Sole. Path or Dual Path; Ped Metal Enclosure; 120VAC Powered; with Core Corrimercial / Enterprise Sticker; MUST add 12v, 4AH battery BA I I ERY 12V- 4AH SEALED I FAD ACID $7.94 $7.94 Napco Starlink External Antenna Kit (includes: SIEL $211.54 $211,54 ANTAntenna; 50' LMR 300 Coax Type N male: to SMA male, terminated cable; cable clarnps; hardware; connectors; etc, Description permit Labor Installation Price Sub Total Equipment Cost: $474.18 Amount $300.00 $808.00 I Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular City Hall $1,582.1 I Annual Recurring Services Charges* W *Plus applicable proposal pricing is valid for 30 1,68 Equipment and Investment Statement for: Fire Cellular Utilities Department Bldg. Site Information: City of Boynton Beach, 124E Woolbright Rd, Utilities Department Bldg., BOYNTON BEACH, FL 33435 Scope of Work: Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following" • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes, > All fire inspections to be performed by the City without ADT technician during the inspection. Cimnia Contract# R220701 for Facility Technology Integration & Security System Services Equipment List: Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm Communicator; Fire; $254,70 $254,70 IP / Verizon LIE; Sole Pal.h or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker, MUSTadd 12v, 4AH battery 3ATrERY 12V- 4AH SEALED LEAD ACID $7,94 $7.94 1 Napco Stanink External Antenna Kit (includes: SLF- $21154 $211,54 ANI Antenna; 50' LMR 300 Coax Type N male to SMA male terminated cable; cable clamps; hardware; connectors; etc. Sub fetal Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit MOO Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for Fire Cellular Utilities Department Bldg. Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Plus applicable tax, Proposal pricing is valid for 30 days Z68 Equipment and Investment Statement for: Fire Cellular Culture and Arts Center . ... . .... . ......................... . . . . . . . . . . . . . . . . — Site Information: City of Boynton Beach, 125 E Ocean Ave., Culture and Arts Center, BOYNTON BEACH, FIL 33435 IMMEMMIM Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. M79MMMM Quantity Description Unit Amount Extended Amount Napco Starlink Cellular Alarm Communicator,- Fire; $254,70 $254.70 IP / Verizon LTE; Sole Path or Dual Path; Red Metal FrOOSUre; 120VAC Powered; with Core COMMercial / Enterprise Sticker; MUS -1 add 12v, 4AH battery BAI TLRY 12V- 4AI I SEALED LEAD A(AD $7.94 $7.94 Napco Starlink External Antenna Kit (includes: SLE $211.54 $21154 ANT Antenna; 50' LMR 300 Coax Type N rnale to SMA male terminated cable; cable clarnps,- hardware; connectors; etc. Sub Total Equipment Cost: $474.18 Labor & Other Summary: Description Amount permit $300-00 Labor $808.00 Sub Total Labor & Other Cost: $1,108.00 Summary of Charges for: Fire Cellular Culture and Arts Center Installation Price otal Annual Recurring Services Charges* $1,582.1 *Pkis applicable Proposal pricing is valid for 30 C68 1 Equipment and Investment Statement for: Fire Cellular Police Range Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming Permit fees included Permit inspections not included Customer to provide the following- • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire pane[ proprietary programming and installation codes, > All fire inspections to be performed by the City without ADT technician during the inspection, Cimnia Contract # 8220701 for Facility Technology Integration & Security System Services NETIMMUM Quantity Description Napco Starlink Cellular A;arrn Cornrnunicator; Fire; IP / Verizon L1 El- Sole Path or Dual Path; Red Metal Enclosure; 120VAC Powered; with Core Commercial / Enterprise Sticker; MUST add 12v, 4AH battery BAI I ERY 12V- 4AH SEALED LEAD ACID 1 Napco Star4nk External Antenna Kit (includes: SLE ANT Antenna; 50' LMR 300 Coax I ype N male to SMA male terminated cable; cable clamps; hardware; connectors; etc, Description permit Labor Unit Amount Extended Amount $25430 .$154.70 $7.94 $T94 $211.54 $211.54 Sub Total Equipment Cost: $474.18 Amount $300.00 $80&00 Sub Total Labor & Other Cost: $1,108,00 Summary of Charges for: Fire Cellular Police Range Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 'Plus applicable tan; Proposal pricing 11 -Aly fl, -30 days 168 Equipment and Investment Statement for: Fire Cellular Schoolhouse Children's Museum Site information: City of Boynton Beach, 129 E Ocean Ave, Schoolhouse Children's Museum, BOYNTON BEACH, Fl- 33435 Install a Fire Sole Path Cellular Communicator - Connect to existing fire control panel - Programming - Permit fees included *- Permit inspections not included Customer to provide the following: • All 120VAC direct power. • Customer may need to have existing Fire Company to assist with existing fire panel proprietary programming and installation codes. > All fire inspections to be performed by the City without ADT technician during the inspection. Cimnia Contract # 0220701 for Facility Technology Integration & Security System Services • 312�� Quantity Description Unit Amount Extended Amount 1 Napco Starlink Cellular Alarryi Corrununicator, Fire; $25430 $25470 IP / Verizon Ll L; Sole Path or Dual Path,- Red Metal Enclosure; 120VAC Powered; with Core (-brnr-nercial / Enterprise Sticker,, MUST add 12v, 4AH battery BATTERY 12V- 4AH SEALED LEAD ACID $T94 $7.92I Napco Starlink External Antenna Kit (inckjdes: SLE- $211,54 $211.54 AN] Antenna; 50' [MR .300 Coax Type N male. to SMA rriale terminated cable; cable clamps; hardware; connectors; etc. Sub Total Equipment Cost: $474"1$ Labor & Other Summary: Description Amount permit $300.00 Labor $808.00 Sub Total Labor & Other Cost: Summary of Charges for: Fire Cellular Schoolhouse Children's Museum Installation Price $1,582.18 Total Annual Recurring Services Charges* $0.00 *Phis applicable tas LPrpo,,1 pnog ;, vafid f,, 3,9 days 968 Investment Summary Summary of Charges for: Fire Cellular Fire Station #1 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* T"Lls applicable tax Proposal pricing is valid for 30 days Sury)rnary of Charges for: Fire Cellular Senior Center Installation Price `Total Installation Price' Total Monthly Recurring Services Charges* 'Plus applicable kax Proposal pricing is valid for .30 days Summary of Charges for: Fire Cellular Fire Station #5 $1,582,18 $1,582.18 $0,00 $1,582.18 $1,582.18 $0.00 Installation Price $1,582.18 Total Installation Price" $1,582.18 Total Monti -fly Recurring Services Charges* $0.00 'Plus applicable tax Proposal pricwy is valid for 30 daYs Summary of Charges for: Fire Cellular Fire Station #2 Installation Price Total Installation Price* Total Monthly Recurring Services Charges*, *Plus applicable tax Proposal pricing is valid far 30 days Summary of Charges for: Fire Cellular Fire Station #4 Installation Price Total Installation Price* Total Monthly Recurring Services Charges' 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Cellular Intracoastal Park Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax Proposal prk#g is valid kw- 30 days, $1,582..18 $1,582.18 $0,00 $1,582.18 $1,582.18 $0.00 $1,582.18 $1,582.18 $0.00 9 Summary of Charges for: Fire Cellular Ezell Hester Center installation Price $1,582]8 'Total Installation Price' $1,58218 Total Monthly Recurring Services Charges* $0.00 *Plus applicable. tax Proposal pricing i� valid for 30 days Summary of Charges for: Fire Cellular Woman's Club Installation Price $1'582.18 Total Installation Price* $1'58218 Total Monthly Recurring Services Charges" $0.00 ^p|usapplicable tax nopc.Kalprianyavalid for,30ch?ys Summary ofCharges for: Fine Cellular Fire Station #3 Installation Price $1.582,18 'Total Installation Price* $1'582]8 Total Monthly Recurring Services Charges* $0.00 *Plus applicable tax Proposal pricing isvalid for 30 days Summary of Charges for: Fire Cellular Police Department Installation Price $1.58218 Total Installation Price' $1.58218 Total 0ooLNy Recurring Services Charges* $0.00 "p|wappxcAhutax Proposal priung h� vabdm,30 dqV� Summary ofCharges for: Fie Cellular City Hall Installation Price $1.58218 Total Installation Price" $1'582.18 Total Monthly Recurring Services Charges* $0.00 'Plus applicable tax Proposal pricing is valldfor 30 days Summary ofCharges for: Fire Cellular Utilities Department Bldg. Installation Price $1.58218 Total Installation Price" $1.S8I18 Total Monthly Recurring Services Charges* $0l0 *Plus applicable tax L68 " Summary of Charges for: Fire Cellular Culture and Arts Center Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax PI -pi pricing is volld for 30 days Summary of Charges for: Fire Cellular Police Range Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax Proposal pricing is w7i for 30 days Summary of Charges for: Fire Cellular Schoolhouse Children's Museum Installation Price Total installation Price" Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 day's Installation Price .-,L IF 99,10111 ali III IPW appkiciable tax Prqoivs,7lpricl'ng is valid kw .30 cloys Om $1,582.18 $1,582.18 MIE $1,582.18 $1,582.18 M $23,732.70 $0.00 Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #1 Installation Price Total Installation Price* MEMEM *Nus applicable tax Piopo,q,q1pdc#Pg fs valld for 30 day, Summary of Charges for: Monitoring, UL & Fire Cell Service Senior Center Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax Proposal pricing is valid for 30 day,, Summary of Charges for: Fire Inspections Senior Center Installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is 11,310 for 30 days Summary of Charges for: Fire Inspections Public Works #2 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax Proposal pricing is valid for .30 days Summary of Charges for: Fire Inspections Public Works #1 installation Price Total Installation Price* Total Monthly Recurring Services Charges* *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #5 Installation Price Total Installation Price* Total Monthly Recurring Services Charges* 'Plus applicable tax Proposal pricing is vijfid for 30 days MOO $0.00 $73.00 $0.00 $0.00 $73.00 $0.00 $0.00 $50.00 $0.00 $0.00 $79.00 Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #2 Installation Price MOO Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $7100 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #2 Installation Price WOO Total Installation Price* $0.00 Total Monthly Recurring Services Charges" $50.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #4 Installation Price $0.00 Total Installation Price* $0,00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Fire Station #4 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 *Plus applicable tax Proposal pricing 15 valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Intracoastal Park Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Intracoastal Park Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 *Plus applicable tax Proposal pricing is valid for 30 days 006 Summary of Charges for: Monitoring, UL & Fire Cell Service Ezell Hester Center Installation Price MOO Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Plus applicaNe tax Proposal pndr�g is vzMd tar 30 days Summary of Charges for: Fire Inspections Ezell Hester Center Installation Price MOO Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 Vius, applicable tax Propm;alpficing is valid fbr 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Fire Station #3 Installation Price $0.00 ---- — ------- Total Installation Price* - - ----- r -r -1 -11 -11 -- $0.00 Total Monthly Recurring Services Charges* $73.00 *Pius applicable tax Proposal pricing is VX/d tor 30 day's Summary of Charges for: Fire Inspections Fire Station #3 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $60.00 'Plus applicable tax Prof.io.sal pncltg /s valid for .30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Police Dept. Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 'Pius applicable tax Prof.io.sal pficinlq is valid for 30 days Summary of Charges for: Fire Inspections Police Dept. Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $130.00 *Plus applicable tax Proposal pricing is valid for 30 days 1.06 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $7100 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Woman's Club Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service City Hall Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *PILJS applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections City Hall Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $158.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Utilities Department Bldg. Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 day,, Summary of Charges for: Fire Inspections Utilities Department Bldg. Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $50.00 *Plus applicable tax Proposal pricing is valid for 30 days Z06 Summary of Charges for: Monitoring, UL & Fire Cell Service Culture and Arts Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valld for 30 days Summary of Charges for: Fire Inspections Culture and Arts Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $60.00 'Plus appkable tax Proposal pricing is valid for -70 days Summary of Charges for: Monitoring, UL & Fire Cell Service Police Range Installation Price MOO Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73,00 TILA appkaNe tax Piopc)sal prkiiq is valid for 30 days Summary of Charges for: Monitoring, UL & Fire Cell Service Schoolhouse Childrens, Museum Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Fire Inspections Schoolhouse Childrens Museum Installation Price $0.00 Total Installation Price* KOO Total Monthly Recurring Services Charges* $50.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Schoolhouse Childrens Museum Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days £06 Installation Price $0,00 Total Installation Price* $0m Total Monthly Recurring Services Charges* $50.00 'Plus applicable tax Propo-al priciog is valid for 30 days Summary of Charges for: Sprinkler Inspections Culture and Arts Center Installation Price MOO Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal Pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #5 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid k)i' 30 days, Summary of Charges for: Fire Inspections Fire Station #1 Installation Price MOO Total Installation Price* MOO Total Monthly Recurring Services Charges* $60.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #1 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 'Plus applicable tax Proposal pricing is valid fix .30 days Summary of Charges for: Sprinkler Inspections Senior Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 'Plus applicable tax Proposal pricing is valid for 30 days 106 IFA�111111- Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $73.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Ezell Hester Center Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Intracoastal Park Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 *Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections Fire Station #4 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 'Plus applicable tax Proposal pricing is valid f,)r,30 days Summary of Charges for: Sprinkler Inspections Fire Station #2 Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $79.00 'Plus applicable tax Proposal pricing is valid for 30 days Summary of Charges for: Sprinkler Inspections City Hall Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $257.00 'Plus applicable tax Proposal prlrlr)g is valid for 30 days 906 ' ' Summary of Charges for: Sprinkler Inspections Women's Club Installation Price $0.00 Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $89.00 *Plus applicable tax Proposal priong is valid for .30 days Summary of Charges for: Sprinkler Inspections Police Dept. Installation Price MOO Total Installation Price* $0.00 Total Monthly Recurring Services Charges* $ 11 9.(Eg *Plus applicable tax Proposal pricing is valid for .30 days UMKOEE�� Installation Price $0.00 Total Annual Recurring Services Charges* $41,460-00 'Plus appFcable tax Proposal pricing is wifid loi 30 days ADT ADDENDUM TO PURCHASE ORDER, INSTALLATION, OR SERVICE AGREEMENT ................ .......................... ........ ... . ....... ....... ... Customer: Date of Purchase Order/Agreement: ........ ............. ...... -111, . ............ Project Project Name/P0 No.: Manager. I ......................... THIS ADDENDUM TO PURCHASE ORDER, INSTALLATION, OR SERVICE AGREEMENT is made and entered into, and is attached to and made a part of such Purchase Order/Agreement (the "Agreement') dated above between ADT Commercial LLC (hereinafter "ADTC") and the Customer identified above (Customer). RECITALS A. ADTC has been engaged by Customer to install, or service and/or maintain, the Project(s) certain access control, dosed circuit television, surveillance, fire detection, intrusion detection and/or other security equipment (herein collectively referred to as the 'System"), which is Intended to, among other things, avert or detect intrusion, burglary, theft or fire events. In addition, ADTC may have been engaged by Customer to provide certain monitoring, maintenance, inspection, guard or other services in connection with the System (herein colled ivety referred to as the 'Services'). S. The parties acknowledge that (I) the risk of loss, and the potential liability for such losses, exists before, and is independent of, the provision of Services to the Project, (II) security systems do not create, nor do they increase, the risk or extent of such losses, (III) ADTC does not and cannot control the situations or events that give rise to the occurrences (burglaries, fires, etc.) or the consequences thereof (property loss, personal injury, etc,) that the System or Services are intended to avert or detect, and (iv) because of the unique nature of the System and Services, the parties have agreed that ADTC's liability should be limited in accordance with the provisions of this Addendum. AGREEMENTS Accordingly, for and in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: 1. Applicability. This Addendum is intended to modify the Agreement as it pertains to the ADTC's Services on the above Project(s). The terms of this Addendum shall control over any confiding or inconsistent provision of the Agreement or any other agreement between or among Customer and ADTC, andilor any third party with regard to the subject matter hereof. 2. Mgqj ft.Ai;irvlclts. If Customer has subscribed to Monitoring, Signal Receiving and Notification Services, ADTC shall program the security system to communicate with ADTC's monitoring facility ('Central Station"). When the Central Station receives an alarm signal from Customer's System (an 'Alarm Event"), ADTC will make reasonable efforts, consistent with local laws and our response policies, to contact the appropriate local emergency response provider ('Emergency Response Provider' or 'ERP"), and the first person designated on Customers Monitoring Information Schedule. In the event a burglar alarm signal or fire signal registers at the Central Station, ADTC may, in our sole discretion, endeavor to contact the Premises by telephone to verify that the Alarm Event is not a false alarm. Some local governments may place conditions or restrictions on their dispatch of ERPs in response to an Alarm Event, and such conditions or restrictions may require that additional measures be taken to verify the Nairn Event before dispatch. ADTC does not guarantee that such additional measures will be successful or that Emergency Response Providers will be dispatched should an Alarm Event occur. In the event a supervisory signal or trouble signal registers at our Central Station, ADTC shall endeavor to notify the Premises or the first available person designated on Customer's Monitoring Information Schedule. ADTC may, without notice to Customer, in response to governmental or insurance requirements, or otherwise in our sole discretion, alter, amend or discontinue any of our policies and procedures for alarm response. If Customer's police or fire department now or in the future requires physical or visual verification of an emergency condition before responding to a request for assistance, Customer agrees to subscribe to such service if provided by us, or otherwise comply with such requirements. ADTC may charge an additional fee for such service. In addition, ADTC is subject to various governmental regulations and industry standards designed to reduce false alarms. These regulations and standards may result in practices and procedures that delay the notification of authorities of alarm activations, including, without limitation, programmed delays in Customer's System's communication with our Central Sieben. In the event Alarm Verification Service is being furnished, it is mutually understood and agreed that equipment is being installed which, as to certain locations in the Prem uses, Will require the activation of two sensing devices, or a second activation of a single alarm sensor, or a continuous alarm event from a single sensor, in order for an alarm signal to be transmitted. Customer assumes full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and/or transmitting equipment at the Premises. Customer represents and warrants to ADTC that any vault to be protected by ADTC hereunder by sound or vibration detection systems has the minimum construdion characteristics proscribed by the Underwriters' Laboratories, Inc, Customer agrees to lest any ultrasonic, microwave, capacitance or other electronic equipment designated on the Equipment page of this document or on Customers separate Schedule of Protection prior to setting the alarm System for closed periods, according to procedures established from time to time by ADTC, and to notify ADTC promptly in the event that such equipment fails to respond to the test, 3.80,Q.N91WJqkujKr. CUSTOMER AGREES THAT EXCEPT FOR THE LIMITED INDEMNITY PROVIDED IN PARAGRAPH 4(a) BELOW: (A) ADTC IS NOT AN INSURER OF CUSTOMER, PERSONS WORKING OR OTHERWISE PRESENT AT CUSTOMER'S PREMISES, OR OF CUSTOMERS PREMISES OR ITS CONTENTS; (B) IT IS CUSTOMER'S RESPONSIBILITY TO OBTAIN ADEQUATE INSURANCE COVERING CUSTOMER, CUSTOMER'S PREMISES AND ITS CONTENTS, CUSTOMER'S EMPLOYEES, INVITEES AND OTHER AFFECTED PERSONS AND PROPERTY; (C) OUR CHARGES ARE BASED ON THE DETERRENCE AND OTHER VALUE OF THE EOUIPMENT AND SERVICES ADTC PROVIDES AND OUR LIMITED LIABILITY UNDER THIS CONTRACT, AND NOT ON THE VALUE OF CUSTOMERS PREMISES OR ITS CONTENTS, OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF PERSONAL INJURY (INCLUDING DEATH) TO AFFECTED PERSONS; AND (D) THE SYSTEM AND SERVICES MAY NOT ALWAYS OPERATE AS INTENDED FOR VARIOUS REASONS, INCLUDING OUR NEGLIGENCE OR OTHER FAULT, ADTC CANNOT PREDICT THE POTENTIAL AMOUNT, EXTENT, OR SEVERITY OF ANY DAMAGES OR INJURIES THAT MAY BE INCURRED BY CUSTOMER AND OTHER PERSONS, WHICH COULD BE DUE TO THE FAILURE OF THE SYSTEM OR SERVICES TO WORK AS INTENDED. AS SUCH (1) CUSTOMER AGREES THAT THE LIMITS ON OUR LIABILITY, AND THE WAIVERS AND INDEMNITIES SET FORTH IN THIS CONTRACT, ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN CUSTOMERADTCAND ANY AFFECTED THIRD PARTIES; (11) CUSTOMER WILL LOOK PRIMARILY TO CUSTOMER'S INSURER FOR FINANCIAL PROTECTION FROM SUCH RISKS AND LIABILITIES, AND (111) EXCEPT AS PROVIDED IN PARAGRAPH 6, CUSTOMER WAIVES ALL OTHER RIGHTS AND REMEDIES AGAINST ADTC THAT CUSTOMER MAY HAVE DUE TO ANY LOSSES OR INJURIES CUSTOMER OR OTHERS INCUR. 4. AP � _IC. Indemnification. Notwithstanding any term or condition of the Agreement or other agreement between ADTC and Customer to the contrary! (a) ADTC will only hold Customer, its officers, directors, agents and employees harmless from any and all losses, damages, injuries, liabilities or other expenses ('Losses") to the extent directly caused by the negligent acts or omissions of ADTC, it's agents or employees, during and within the scope of their employment, while on the Project Site. (b) Other: Notwithstanding the above, ADTC's obligations under paragraph 4(a) shall not apply to any Losses arising out of, resulting from or in any way due or attributable to the condition, non- function, malfunction, faulty design, or failure in any respect of the System or Services to operate or perform as intended (herein, 'System Failure Events"), unless such System Failure Events are determined to be caused by, or arise out of, the sole or gross negligence, or intentionaf misconduct of ADTC, its agents or employees. ADTC's liability for System Failure Events is strictly limited pursuant to paragraphs 5 and 6 below, S. ayjttm Fa) M,, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, THE CONTRACT DOCUMENTS, OR ANY OTHER AGREEMENT BETWEEN OR AMONG CUSTOMER, ADTC, OR ANY THIRD PARTY, NEITHER ADTC NOR ANY PERSON OR ENTITY AFFILIATED WITH ADTC SHALL BE LIABLE FOR ANY LOSSES ARISING DIRECTLY OR INDIRECTLY FROM ANY SYSTEM FAILURE EVENTS. IF ADTC OR ANY PERSON OR ENTITY AFFILIATED WITH ADTC IS DETERMINED TO BE LIABLE FOR ANY LOSSES DUE TO A SYSTEM FAILURE EVENT IN ANY RESPECT, THEIR LIABILITY SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT PAID UNDER THE AGREEMENT, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, THIS AMOUNT IS THE SOLE AND EXCLUSIVE REMEDY UNLESS THE LOSSES ARE DETERMINED TO BE CAUSED BY ADTC'S SOLE OR GROSS NEGLIGENCE (ACTIVE, PASSIVE OR OTHERWISE). This provision shall survive the ternlination of this Contract and Customer's Account, as well as voluntary payment in full by Customer, any legal proceedings by ADTC to collect a debt owed by Customer, any bankruptcy by Customer, or any sale by ADTC of Customer's Account. 6. A1*49„nal Lirnitaffon2S "Mjjjt)r, IN NO EVENT SHALL ADTC NOR ANY PERSON OR ENTITY AFFILIATED WITH ADTC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECULATIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED To, LOSS OF BUSINESS, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, WHETHER BY STATUTE, 202OGo,APO-SeMmAgmomerAAdtleiidum(MonO6ring nd.)Rw. 12.2020.du CONTRACT 81 r'TIITIV IN TORT, AT COMMON LAW, BY STRICT LIABILITY OR IN CONTRACT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADTC FOR FAILURE OF THE SYSTEM OR THE SERVICES IN ANY RESPECT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. This provision shall survive the termination of this Contract and Customer's Account, as well as voluntary payment in full by Customer, any legal proceedings by ADTC to collect a debt owed by Customer, any bankruptcy by Customer, or any sale by ADTC of Customers Account. 7. ,Hazardous Materials. In all cases except when the project involves new construction, Customer represents and warrants that to the best of Customer's knowledge, the Project Site is free of hazardous materials. As used herein, the term 'hazardous materials" shall include but not be limited to asbestos, asbestos -containing material, polychlorinated biphenyl ("PCB'), formaldehyde or other potentially toxic or otherwise hazardous material as classified by applicable state or federal law. If any such substance is discovered on the Project Site, ADTC will riot be required to install or service the System unless and until Customer certifies the removal or safe containment of such hazardous materials. Customer agrees to indemnify, defend, and hold ADTC, its officers, directors, and agents harmless from any damages, claims, injuries, liabilities or other expenses resulting from the exposure of ADTC's employees, contractors, or subcontractors to hazardous materials at the Project Site. 8. Payment.Nothing in the Agreernent shall be construed as a waiver by ADTC of its rights to payment under applicable prompt payment statutes. Further, Customer shall not refuse payment of any retainage due and owing to ADTC without ADTC's written consent and, if such refusal is based on ADTC's performance of the work rovered by the Agreement, then ADTC shall be entitled to reasonable notice of the basis for withholding any such retainage and a reasonable opportunity to cure any such defective work. 9. Foree _Wp�trg. ADTC shall not be responsible for any delays or costs caused by acts of God (such as fires, earthquakes, floods, hurricanes, tropical storms, tornadoes, explosions and other severe acts of nature or weather), war, revolutions, acts of terrorism, epidemics, pandemics, contagions, acts of governmental authorities such as expropriation, condemnation, quarantining, executive orders and changes in laws and regulations, strikes, labor disputes or for any other cause beyond ADTC's reasonable control. ADTC shall be entitled to a Change Order and reimbursement for all demonstrable costs incurred due to Force Majeure and an extension of time equivalent to the delay caused by Force Majeure. The parties expressly agree that any delays or costs caused by or related to CQ\AD-19, foreseeable or not, shall be considered a Force Majeure event for purposes of this Agreement. 10. Continuig5 Vit, Except to the extent modified by this Addendum, the terms and conditions of the Agreement shall remain in full force and effect in accordance with its terms. In the event that any provision of the Agreement, as amended by this Addendum, is found invalid or unenforceable pursuant to judicial decree, the remainder of the amended Agreement shall remain valid and enforceable according to its terms. Captions used herein are for convenience only and shall not be deemed a part of the Agreement or this Addendum or be used to construe any or the provisions thereof or hereof. The Agreement, together with this Addendurn, and any other documents specifically incorporated by reference therein or herein, constitutes the entire understanding, agreement and contract between the parties hereto, and supersedes any and all prior or contemporaneous oral or written representations or communications with respect to the subject matter hereof, all of which communications are merged herein. Neither party has relied upon any agreement, understanding, representation, warranty, nor covenant not expressly set forth in writing herein. The Agreement may be amended only by a written instrument duly executed by both parties and may not be amended orally or by course of performance. All such amendments or modifications of the Agreement shall be binding upon the parties despite any lack of consideration, so long as the same shall be in writing and executed by the parties hereto. IN WITNESS WHEREOF, Customer and ADTC have caused this Addendum to be executed as of the date first written above. ADT COMMERCIAL LLC By:_________ .. ... . ...... Printed Name: Title: By: ................ ............... Printed Name: Title: CONTRACT 91 907 EXHIBIT B CONTRACT BETWEEN REGION 4 EDUCATION SERVICE CENTER AND ADT COMMERCIAL LLC. Piggyback Contract— ADT Commercial LLC. 2 908 Region 4 Education Service Center (ESC) for Facility Technology Integration & Security System Services with Effective: April 1, 2022 The following documents comprise the executed contract between the Region 4 Education Service Center and ADT Commercial LLC, effective April 1, 2022: I. Vendor Contract and Signature Form II. Supplier's Response to the RFP, incorporated by reference 910 CONTRACT This Contract ("Contract') is made as of April 1, 2022 by and between ADT Commercial LLC ("Contractor') and Region 4 Education Service Center ("Region 4 ESC') for the purchase of Facility Technology Integration & Security System Services ("the products and services'). RECITALS WHEREAS, Region 4 ESC issued Request for Proposals Number R22-07 for Facility Technology Integration & Security System Services ("RFP"), to which Contractor provided a response ("Proposal"); and WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract. WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies") may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement. The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local "service" agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any CONTRACT 1 911 combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein. 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and Final Offer(s). 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail: i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal iv. RFP and any addenda 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. 10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor's pricing. 11) TERMINATION OF CONTRACT a) Cancellation for Non -Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to CONTRACT 2 912 failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order. Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for reasonable, direct, and documented expenses incurred. d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial and supply chain disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the CONTRACT 3 913 opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. 12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or terminated. 13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract. 14) Delive . Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries made within the continental US shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. Deliveries made to AK, HI, PR and other US territories shall be F.O.B. Origin. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Unless negotiated otherwise in the Purchase order, payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC unless otherwise agreed to by Region 4 ESC. It is the Contractor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor's proposal. Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time -limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term. CONTRACT 4 914 18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves 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 a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third - party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC. 19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause. 21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre -installation requirements. 25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a CONTRACT 5 915 material breach and may result in the cancellation of the purchase order at Region 4 ESC's discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 27) Smoking. Persons working under the Contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas. 31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. 32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days' notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. CONTRACT 6 33) Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein. CONTRACT 7 917 AOT- Commercial SOLICITATION: 22-07 REGION 4 / OMNIA PARTNERS The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. Company Name _ ADT Commercial LLC Address _ 1501 Yamato Road City/State0p _ Boca Raton, FL 33431 Telephone No. _ 775-287-8110 Email Address _ scottwulforst@ADT.com Printed Name _ Scoff If '5t Title _ Di r, to Local Government Programs Authorized signature Accepted by Region 4 ESC: Contract No. R220701 Initial Contract Term April 1, 2022 to March 31, 2025 2/22/2022 Regron 4 SC Authorized 96aid Mimbir' Date Margaret S. Bass Print Name F 2/22/2022 Date Region 4 E5C: Autnonzea woaro Memoer Linda Tinnerman not Rame 918 -01 ` OMNIA P A R T N E R S NALI PA US COMMUNITIES" FACILITY TECHNOLOGY INTEGRATION & SECURITY SYSTEM SERVICES Executive Summary Lead Agency: Region 4 Education Service Center RFP Issued: October 7, 2021 Response Due Date: January 11, 2022 Awarded to: ADT Commercial LLC Solicitation: 22-07 Pre -Proposal Date: October 21, 2021 Proposals Received: #3 Region 4 Education Service Center issued RFP 22-07 on October 7, 2021, to establish a national cooperative contract for Facility Technology Integration & Security System Services. Overview - • Facility Technology Integration & Security System Services. Each Awarded Offeror may offer their complete product and service offering, or balance of line. • Should an Awarded Offeror utilize distributors, dealers, and/or subcontractor, Participating Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency. Cooperative Language - The solicitation included cooperative purchasing language in Section I. Scope of Work and Appendix D: Region 4 ESC, as the Principal Procurement Agency, defined in APPENDIX D, has partnered with OMNIA Partners, Public Sector ("OMNIA Partners") to make the resultant contract (also known as the "Master Agreement" in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners, cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a "Participating Public Agency") and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on APPENDIX D, or as otherwise agreed to. APPENDIX D contains additional information about OMNIA Partners and the cooperative purchasing program. Version August 19, 2020 919 Advertisement - Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • Region 4 Education Service Center website • OMNIA Partners website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star -Advertiser, HI • The Advocate — New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • South Carolina website/newsletter (get from Chris White) • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT • Kennebec ME Journal Socio-economic Outreach - To encourage participation of small businesses, minority owned businesses and women owned businesses, Texas Historically underutilized Businesses were notified of the Request for Proposal. Procurement Details - On January 11, 2022 proposals were received from the following offerors: • ADT Commercial LLC • Convergint Technologies, LLC • Schneider Electric Buildings Americas, Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with ADT Commercial LLC and proceeding with contract award upon successful completion of negotiations. Geographic Preferences: No geographic preferences were included in the evaluation of the responses. Region 4 Education Service Center, OMNIA Partners, and ADT Commercial LLC successfully negotiated a contract, and Region 4 Education Service Center executed the agreement with a contract effective date of April 1, 2022. Version August 19, 2020 920 Scope Details - • ADT Commercial LLC can help create a comprehensive security plan, then install, test, inspect, monitor, service and teach how to use it. Solutions include (but are not limited to): • Access Control • Fire and Safety • Monitoring • Panic Button • Intercom • Intrusion Detection • Video Surveillance • Remote Guard Tours • Cyber Security • Emergency Responder Comms (ERCES) • Mass Notification • Fire Sprinkler • Contract Tracing • Occupancy Management • Traffic Flow Analysis • Real -Time Visitor Management • Access Control Solutions • Modernizing Fire Safety • Risk Assessment & Management • Infrastructure as a Service (laaS) Federal Funds Certifications - The Supplier provided federal funds certifications. The signed federal certifications and contract provisions can be found in Exhibit F of the Supplier's response, incorporated by reference into the Master Agreement, available on the OMNIA Partners website for review. Term - Initial three-year agreement from April 1 through March 31, 2025 with the option to renew for two (2) additional one-year periods through March 31, 2027. The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local "service" agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. Pricing/Discount - Available Upon Request. Version August 19, 2020 921 7.0 Consent Bids and Purchases over $100,000 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-132- Approve and authorize the City Manager to sign an amendment to the Progressive Design Build Phase 1 Services with PCL Construction, Inc., for the Master Lift Station 317 Upgrade Project, to modify the scope of services, and increase the contract price by $60,745. Requested Action: Staff recommends approval of Proposed Resolution No. R24-132. Explanation of Request: Per the approved resolution R22-071, the City issued Purchase Order No. 221466 to PCL Construction for Phase 1 services for the design -build of Master Lift Station 317. The Phase 1 services included meeting/project management, data gathering, preliminary engineering, Guaranteed Maximum Price (GMP) design documentation, field investigation, and owner -controlled allowance. The Phase 1 GMP was submitted to the City in June 2023, based on the City's selection of the alternative to construct a new inline booster pump station to handle force main flows and to add a submersible lift station to handle gravity flows incoming to Master Lift Station 317. After further reviews and additional analysis, the City has decided on a new alternative, which is a more cost-effective way to enhance and upgrade the existing master lift station. Therefore, the City provided new direction with the identification of a new preferred alternative that consists of separating the gravity and force main flows coming to the lift station, rehabilitating the existing wet pit/dry pit lift station for pumping force main flow, and constructing a new submersible lift station to pump gravity flows. In order to develop a GMP for this new alternative, additional engineering efforts are required to evaluate the existing lift station and define the rehabilitation scope of work and requirements. New design drawings and specifications need to be developed to depict and specify the rehabilitation scope of work and requirements. How will this affect city programs or services? The proposed rehabilitation of the lift station presents several advantages, including increased capacity, enhanced operational efficiency, improved solid handling capacity, enhanced reliability, reduced odors and noise levels, future -proofing measures, and significant cost savings. Fiscal Impact: This is a budgeted item, in the Utilities CIP Fund Project #SW2202 account # 403-5000-535-65-04. 922 The original Purchase Order, PO 221466, was in the amount of $490,740 and has $62,286 left. The amended scope requires a total proposal cost of $123,031 to complete phase 1, a net increase of $60,745. If the amendment is approved, PO 221466 will be increased from $490,740.00 to $551,485.00. Attachments: R24-132 Agenda_Item_1563-2023_Resolution_for_PCL_Amd_1.docx PCL Amendment.docx Schedule A - Scope Rev. 2 (005) (002).docx LS 317 Contract 013282121 - PCL CO Request 01.pdf PCL - RE LS 317 City Comments on Scope of Services.pdf R22-071 and Executed Contract with PCL Construction Inc.pdf PCL Construction Inc Purchase Order 221466.pdf Boynton Beach LS 317 Phase 1 Original Services Proposal.pdf 923 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. R24-132 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE PROGRESSIVE DESIGN/BUILD AGREEMENT FOR LIFT STATION 317 MAJOR UPGRADE WITH PCL CONSTRUCTION, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, the City of Boynton Beach entered into a Progressive Design/Build Agreement for RFQ 013-2821-21/TP Lift Station 317 Major Upgrade with PCL Construction, Inc., effective May 17, 2022, approved by Resolution No. R22-071 on May 17, 2022; and WHEREAS, the City desires to amend the scope of services of the Agreement to provide for separating the gravity and force main flows coming to the lift station, rehabilitating the existing wet pit/dry pit lift station for pumping force main flow, and constructing a new submersible lift station to pump gravity flows. In order to develop a GMP for this new alternative additional engineering efforts will be required to evaluate the existing lift station and define the rehabilitation scope of work and requirements. New design drawings and specifications will need to be developed to depict and specify the rehabilitation scope of work and requirements; and WHEREAS, the amended scope of services will cost an additional $60,745; and WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve a First Amendment to the Progressive Design/Build Agreement for RFQ 013-2821-21/TP Lift Station 317 Major Upgrade, amending the scope of services and providing for an additional fee of $60,745. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 27 28 29 30 31 32 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. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve a First Amendment, between PCL Construction, Inc., and the City (the "Amendment"), in form and substance similar to that attached as "Exhibit A." SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 924 33 34 35 36 37 38 39 H41 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 authorizes the City Manager to execute the First Amendment and such other related documents as may be necessary to accomplish the purpose of this Resolution. SECTION 4. One fully -executed original of the First Amendment shall be retained by the City Clerk as a public record of the City. A copy of the fully -executed First Amendment shall be provided to Keith Webber to forward to PCL. SECTION 5. This Resolution shall take effect in accordance with law. PASSED AND ADOPTED this 18th day of June 2024 ATTEST: Maylee Ue Jesus, IVINA, IMAL City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 925 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PCL CONSTRUCTION, INC. FOR PROGRESSIVE DESIGN BUILD PHASE 1 SERVICES This First Amendment ("Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and PCL Construction, Inc ("Design -Builder") (collectively referred to as the "Parties"). RECITALS A. On May 23, 2022, the Parties entered into a Progressive Design/Build Agreement for Lift Station 317 Major Upgrade, RFQ#013-2821-21/TP (the "Agreement"). B. The Parties desire to amend the Agreement to provide additional pre -construction services and modify the compensation accordingly. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the City and Design -Builder agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. Scope of Work. Attachment A, "Scope of Work," Section 1, "Phase 1 Scope of Work," of the Agreement is hereby amended to include the additional pre -construction services described in Exhibit A-1 attached hereto and incorporated by reference. 4. Compensation. Attachment B, "Compensation," Section 1, "Phase 1 Services Compensation," of the Agreement is hereby amended and replaced with Exhibit B-2 attached hereto and incorporated by reference. The total compensation for the Phase 1 Services is hereby increased to an amount not to exceed $551,484.55. 5. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this First Amendment to PCL Design Build Contract Page 1 of 9 Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6. Design -Builder acknowledges that through the date this Amendment is executed by Design -Builder, Design -Builder has no claims or disputes against City with respect to any of the matters covered by the Agreement. 7. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. 8. The effective date of this Amendment shall be the date of complete execution by the Parties. 9. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) First Amendment to PCL Design Build Contract Page 2 of 9 927 CITY OF BOYNTON BEACH JIM Daniel Dugger, City Manager day of , 2024 Attest: City Clerk CITY ATTORNEY'S OFFICE Approved as to form and legality Authorized Signer Print Name and Title day of 72024 SRW 6.8.24 CITY DESIGN -BUILDER First Amendment to PCL Design Build Contract Page 3 of 9 928 Exhibit A-1 Phase 1 Scope of Work Additional Pre -Construction Services BACKGROUND The preconstruction phase was completed with preliminary design documents and Phase 1 GMP submitted in June 2023. In August 2023, a meeting was held with the City's Building Department and Planning and Zoning to discuss permit requirements, and a permit set of drawings was developed to submit to Planning and Zoning for Site Plan review. The City provided new direction with the identification of a new preferred alternative via email on February 14, 2024, and a meeting to discuss the new direction was held on February 23, 2024. The new alternative consists of separating the gravity and force main flows coming to the lift station, rehabilitating the existing wet pit/dry pit lift station for pumping force main flow, and constructing a new submersible lift station to pump gravity flows. In order to develop a GMP for this new alternative, additional engineering efforts are required to evaluate the existing lift station and define the rehabilitation scope of work and requirements. New design drawings and specifications will be developed to depict and specify the rehabilitation scope of work and requirements. The Phase 1 GMP was submitted to the City in June 2023, based on the selected of alternative to construct a new inline booster pump station to handle force main flows and a submersible lift station to handle gravity flows incoming to Master Lift Station 317. The scope of work for this project includes progressive design -build services to design, permit, construct, test, and start-up the "improved" LS 317. The project will be delivered in two (2) phases: • Phase 1 — Evaluation of the facility (including recommendations/alternatives to the challenges listed above), permitting, and preliminary design for the development of a Guaranteed Maximum Price (GMP). • Phase 2 — Final design, construction, testing, and start-up. The scope of services presented herein is for Phase 1 work items and includes engineering services for data gathering, special investigations, preliminary engineering, and GMP design documentation. A detailed description of the Phase 1 goals and each work task is provided below. SCOPE TASKS TASK 1— MEETINGS/PROJECT MANAGEMENT 1.1 PROJECT MANAGEMENT - Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants. First Amendment to PCL Design Build Contract Page 4 of 9 929 1.2 MONTHLY PROGRESS REPORTS - Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status, and work to be completed by the next progress report. 1.3 COMMUNICATIONS - Project management will include general communication among Design -Builder and Boynton staff members for overall facilitation, and to manage delivery of the project on time and within budget. TASK 2 — DATA REVIEW AND EVALUATION 111:I16*10 \l��l��r�►��[�I►1_\��'��2r:31F_\i•1:3 TASK 3 — PRELIMINARY ENGINEERING The City has requested an evaluation of alternatives with a workshop for the following items: 1. Electrical Room Layout Workshop - Alternatives will be developed for constructing a new electrical room on the ground floor of the pump station. The alternatives will consider the size of the new electrical equipment and required clearances; operations and maintenance requirements inside the ground floor, including access to the drywell access hatches and stairs; requirements for the proposed new overhead crane to facilitate removal of equipment from the drywell through the floor hatches; code requirements and safety egress; classified space requirements; and other factors which may impact the layout and configuration of the electrical room. A workshop will be held with the City to review the developed alternatives and the pros/cons of each. A layout will be selected to incorporate into the GMP design documentation. 2. Odor Control Workshop - Odor control system alternatives for the existing wetwell and new gravity lift station will be presented and discussed in a workshop with the City. Each alternative will include a description of the treatment process, treatment efficiency, space requirements, O&M requirements, approximate costs, and pros/cons. A treatment system will be selected to incorporate into the GMP design documentation (drawing and specification). 3. Drywell Pump Alternatives - Pump types and configuration options (impeller types and vertical/horizontal installation) for the new dry well pumps will be evaluated and a short list developed to present alternatives to the City. The short list of options will be developed considering existing pump pedestal and piping configuration to minimize changes; ragging concerns; operational efficiency and reliability, installation/removal through the existing floor hatches, maintenance, and other relevant factors. A pump type will be selected to incorporate into the GMP design documentation (drawings and specifications). First Amendment to PCL Design Build Contract Page 5 of 9 930 Deliverable: • Workshop agenda, presentation, and minutes. TASK 4 – GMP DESIGN DOCUMENTATION Design documents will be developed to a level sufficient for a guaranteed maximum price (GMP). Design documents to be developed will include revisions and updates to the previously developed design drawings and specifications, new design drawings and technical specifications, and markups to as -built drawings. The design documents will include the following discipline information: Civil – Site plan drawings identifying the major sitework anticipated including new and modified piping; general site layout for the new gravity lift station, FPL pad mounted transformer, generator enclosure, and permanent dri-prime pump; seal and coating of existing asphalt, access road and security fencing modifications; and landscaping required for site plan modification permitting. Process Mechanical - Identify the wetwell and drywell rehabilitation requirements, including new pumps, piping, valves, and supports. Identify requirements and location for a new odor control system for the existing wetwell and new submersible lift station wetwell. Identify requirements for a new pad mounted generator enclosure to provide backup power to the existing and new pump stations. Identify requirements for a new permanent dri-prime pump enclosure to provide emergency backup to the drywell pumps. Building Mechanical/HVAC – Identify the ventilation system rehabilitation and replacement, including exhaust fans and ductwork. Identify new air conditioning system for new electrical room. As -built drawings will be marked up to depict exhaust fan and ductwork replacement. New drawings will be provided for the new electrical room and air conditioning system. Provide specifications for key components and standards to apply. Electrical – Identify electrical system rehabilitation, including configuration and layout for a new electrical room on the ground floor to house new MCCs, VFDs, and control panels, and replacement of exposed conduits, interior and exterior lighting, switches, and outlets. Provide specifications for key components and standards to apply. Instrumentation and Controls—Identify the instrumentation and control requirements and SCADA communication for the new pumping equipment at the existing lift station and new gravity lift station. P&ID drawings will be developed for the new drywell and gravity submersible lift station pumping systems. Document the City's requirements and standards for security, including intrusion alarms and security cameras. Structural /Architectural–Identifythe building rehabilitation, including door, window, and louver replacement; structural rehabilitation and repairs; replacement of roof fascia and soffit; painting and protective coatings requirements; structural rehabilitation and coating of the existing First Amendment to PCL Design Build Contract Page 6 of 9 931 terminal manhole feeding the wetwelI; configuration and requirements for anew overhead crane on the ground floor to facilitate removal of equipment from the drywell through the existing floor hatches on the ground level; rehabilitation of the existing bathroom to replace the existing toilet and sink and retrofit the shower to be a bathroom supplies storage area. Evaluate the existing drywell aluminum platform and stairways to ascertain the condition and service life to confirm it is not in need of replacement. As -built drawings will be marked up to identify the door, window, and louver replacements. Drawings will be provided with typical structural rehabilitation and repair details with estimated quantities for each type of repair. Provide specifications for key components, including doors, windows, and louvers, overhead crane, and protective coatings. Developed plans, marked up as-builts, and specifications shall be submitted to the City in pdf format. Final GMP Proposal Package — Design -build team will prepare and submit Construction GMP Proposal based on the GMP Plans for review by the City which will included the execution of the work and completion of the design. Design -build team will review GMP proposal with the City. Permitting Pre -Application Meetings Design -Builder shall coordinate and attend preapplication meetings with the City and the permit agencies listed below to discuss the project, project phasing and schedule, and to confirm our understanding of the application regulations and submittal process. Meetings will be in person, virtual, or both as suited to meet the needs of the agency and attendees. The preapplication meeting agenda and minutes will be developed. • Florida Department of Environmental Protection (FDEP) o FDEP Form 62-604.300(8)(a). Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System • Boynton Beach Building Department o Planning and Zoning Site Plan Modification Permit o Building Permit TASK 5— FIELD INVESTIGATIONS LiDAR 3D scanning of the pump building interior was not conducted as part of the previous design efforts since the existing pump station was to be demolished with the originally selected alternative to construct an inline booster pump station. The costs for the LiDAR 3D scanning were included in the original lump sum. With the selection of the new alternative to rehabilitate the existing pump station, the LiDAR 3D scanning could be conducted to develop a detailed model of the existing lift station to expedite the detailed design in Phase 2. If the scanning is not conducted, a credit will be provided for the amount listed in the original proposal ($12,438.00). First Amendment to PCL Design Build Contract Page 7 of 9 932 TASK 6 — OWNER CONTROLLED ALLOWANCE Remaining funds from the Owner Controlled Allowance can be utilized for the additional services identified above. PROJECT SCHEDULE The City and the Design -Build team upon agreement of the goals, objectives, and scope will develop milestones for each assignment if necessary. The overall schedule for these additional services is estimated for 3 months after notice to proceed. PROJECT ASSUMPTIONS The above -noted scope of services has been developed to address the anticipated project requirements based on direction from the City during the meeting held on February 14, 2024. The following clarifications and exclusions are being incorporated to establish the basis for the design and construction of this project. • Design of a bypassing system, including pumps, piping, and ancillaries, to facilitate construction is not included. • The City will provide the Design -builder with its standards and requirements for security at the pump station, including intrusion alarms, keycards, door readers, security cameras, and any other security items or features and requirements that the City wishes to implement in the upgrades to the pump station. The design effort only includes documentation of the requirements and standards provided by the City and does not include the development of design drawings or specifications for these systems. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Design -builder has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Design -builder makes no warranty that City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from Design -builder's opinions, analyses, projections, or estimates. • The City shall provide access to and facilitate site visits to the facilities as needed and shall attend all meetings to maintain the progress of the project. SUBCONSULTANT PARTICIPATION + Craig A. Smith & Associates will provide subconsultant services for the Task 5 - LiDAR 3D Scanning, if authorized. First Amendment to PCL Design Build Contract Page 8 of 9 933 Exhibit B-1 Phase 1 Services Compensation Design -build Team Billable Rates: Design -builder Rate Description Principal -in -Charge $235.00 Preconstruction Manager $225.00 Construction Manager $185.00 Project Engineer $135.00 Project Administration $ 75.00 Chief Estimator $185.00 Estimator $150.00 BIM Modeler $125.00 HSE Supervisor $120.00 Superintendent $175.00 Foreman $ 95.00 Design Consultant Rate Preliminary Engineering Principal $279.00 Design Manager/Project Manager $279.00 Project Engineer/Senior Engineer $257.00 Senior Mechanical Engineer $279.00 Project Support/Engineer $162.00 Hydraulic Modeling $202.00 Senior Electrical Engineer $257.00 Electrical Engineer $202.00 Project Engineer (Process) $202.00 HVAC/ Senior Mechanical Engineer $257.00 HVAC Engineer $202.00 Senior Structural Engineer $257.00 Structural Engineer $202.00 CADD/Designer $160.00 Project Administration $105.00 The total compensation for the Preconstruction Services will be lump sum by task below: Task Description Original Budget Revised Budget Net Increase/ Decrease Billing Method 1 Meetings/Project Management $ 52,060.00 $ 62,596.00 $ 10,536.00 Lump Sum 2 Data Gathering $ 39,440.00 $ 39,440.00 $ - Lump Sum 3 Preliminary Engineering $ 81,559.00 $ 101,910.00 $ 20,351.00 Lump Sum 4 GMP Design Documentation $ 223,929.00 $ 304,876.55 $ 80,947.55 Lump Sum 5 Site Investigations $ 31,662.00 $ 31,662.00 $ - Lump Sum Subtotal $ 428,650.00 $ 540,484.55 6 Owner Controlled Allowances $ 62,090.00 $ 11,000.00 $ (51,090.00) Lump Sum Total Lump Sum Proposal $ 490,740.00 $ 551,484.55 $ 60,744.55 Services performed will be reimbursed by invoice on a monthly basis as a percent complete. First Amendment to PCL Design Build Contract Page 9 of 9 934 SCOPE OF SERVICES Progressive Design -Build Phase 1— Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 Contract No. 013282121 BACKGROUND The preconstruction phase was completed with preliminary design documents and Phase 1 GMP submitted in June 2023. In August 2023, a meeting was held with the City's Building Department and Planning and Zoning to discuss permit requirements and a permit set of drawings was developed to submit to Planning and Zoning for Site Plan review. The City provided new direction with the identification of a new preferred alternative via email on February 14, 2024 and a meeting to discuss the new direction was held on February 23, 2024. The new alternative consists of separating the gravity and force main flows coming to the lift station, rehabilitating the existing wet pit/dry pit lift station for pumping force main flow, and constructing a new submersible lift station to pump gravity flows. In order to develop a GMP for this new alternative, additional engineering efforts will be required to evaluate the existing lift station and define the rehabilitation scope of work and requirements. New design drawings and specifications will need to be developed to depict and specify the rehabilitation scope of work and requirements. The Phase 1 GMP was submitted to the City in June 2023 based on the selected of alternative to construct a new inline booster pump station to handle force main flows and a submersible lift station to handle gravity flows incoming to Master Lift Station 317. The scope of work for this project includes progressive design -build services to design, permit, construct, test, and start-up the "improved" LS 317. The project will be delivered in two (2) phases: Phase 1 — Evaluation of the facility (including recommendations/alternatives to the challenges listed above), permitting, and preliminary design for the development of a Guaranteed Maximum Price (GMP). 0 Phase 2 — Final design, construction, testing, and start-up. The scope of services, presented herein, is for Phase 1 work items and includes engineering services for data gathering, special investigations, preliminary engineering, and GMP design documentation. A detailed description of the Phase 1 goals and each work task is provided below. SCOPE TASKS TASK 1— MEETINGS/PROJECT MANAGEMENT 935 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 1.1 PROJECT MANAGEMENT - Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants. 1.2 MONTHLY PROGRESS REPORTS - Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status, and work to be completed by the next progress report. 1.3 COMMUNICATIONS - Project management will include general communication among Design -Builder and Boynton staff members for overall facilitation, and to manage delivery of the project on time and within budget. 1L1,IAKMI7_,%L\111VIVd/_101qVV_1kl1-11 [*]01 THIS SECTION HAS BEEN INTENTIONALLY LEFT BLANK. TASK 3 — PRELIMINARY ENGINEERING The City has requested an evaluation of alternatives with a workshop for the following items: 1. Electrical Room Layout Workshop - Alternatives will be developed for constructing a new electrical room on the ground floor of the pump station. The alternatives will consider the size of the new electrical equipment and required clearances; operations and maintenance requirements inside the ground floor, including access to the drywell access hatches and stairs; requirements for the proposed new overhead crane to facilitate removal of equipment from the drywell through the floor hatches; code requirements and safety egress; classified space requirements; and other factors which may impact the layout and configuration of the electrical room. A workshop will be held with the City to review the developed alternatives and the pros/cons of each. A layout will be selected to incorporate into the GMP design documentation. 2. Odor Control Workshop - Odor control system alternatives for the existing wetwell and new gravity lift station will be presented and discussed in a workshop with the City. Each alternative will include a description of the treatment process, treatment efficiency, space requirements, O&M requirements, approximate costs, and pros/cons. A treatment system will be selected to incorporate into the GMP design documentation (drawing and specification). 3. Drywell Pump Alternatives - Pump types and configuration options (impeller types and vertical/horizontal installation) for the new dry well pumps will be evaluated and a short list developed to present alternatives to the City. The short list of options will be developed considering existing pump pedestal and piping configuration to minimize changes; ragging 2 936 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 concerns; operational efficiency and reliability, installation/removal through the existing floor hatches, maintenance, and other relevant factors. A pump type will be selected to incorporate into the GMP design documentation (drawings and specifications). Deliverable: 0 Workshop agenda, presentation, and minutes. TASK 4 — GMP DESIGN DOCUMENTATION Design documents will be developed to a level sufficient for a guaranteed maximum price (GMP). Design documents to be developed will include revisions and updates to the previously developed design drawings and specifications, new design drawings and technical specifications, and markups to as -built drawings. The design documents will include the following discipline information: Civil — Site plan drawings identifying the major sitework anticipated including new and modified piping; general site layout for the new gravity lift station, FPL pad mounted transformer, generator enclosure, and permanent dri-prime pump; seal and coating of existing asphalt, access road and security fencing modifications; and landscaping required for site plan modification permitting. Process Mechanical - Identify the wetwell and drywell rehabilitation requirements, including new pumps, piping, valves, and supports. Identify requirements and location for a new odor control system for the existing wetwell and new submersible lift station wetwell. Identify requirements for a new pad mounted generator enclosure to provide backup power to the existing and new pump stations. Identify requirements for a new permanent dri-prime pump enclosure to provide emergency backup to the drywell pumps. Building Mechanical/HVAC — Identify the ventilation system rehabilitation and replacement, including exhaust fans and ductwork. Identify new air conditioning system for new electrical room. As -built drawings will be marked up to depict exhaust fan and ductwork replacement. New drawings will be provided for the new electrical room and air conditioning system. Provide specifications for key components and standards to apply. Electrical — Identify electrical system rehabilitation, including configuration and layout for a new electrical room on the ground floor to house new MCCs, VFDs, and control panels, and replacement of exposed conduits, interior and exterior lighting, switches, and outlets. Provide specifications for key components and standards to apply. Instrumentation and Controls - Identify the instrumentation and control requirements and SCADA communication for the new pumping equipment at the existing lift station and new gravity lift station. P&ID drawings will be developing for the new drywell and gravity submersible 3 937 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 lift station pumping systems. Document the City's requirements and standards for security, including intrusion alarms and security cameras. Structural /Architectural—Identify the building rehabilitation, including door, window, and louver replacement; structural rehabilitation and repairs; replacement of roof fascia and soffit; painting and protective coatings requirements; structural rehabilitation and coating of the existing terminal manhole feedingthe wetwell; configuration and requirements for a new overhead crane on the ground floor to facilitate removal of equipment from the drywell through the existing floor hatches on the ground level; rehabilitation of the existing bathroom to replace the existing toilet and sink and retrofit the shower to be a bathroom supplies storage area. Evaluate the existing drywell aluminum platform and stairways to ascertain the condition and service life to confirm it is not in need of replacement. As -built drawings will be marked up to identify the door, window, and louver replacements. Drawings will be provided with typical structural rehabilitation and repair details with estimated quantities for each type of repair. Provide specifications for key components, including doors, windows, and louvers, overhead crane, and protective coatings. Developed plans, marked up as-builts, and specifications shall be submitted to the City in pdf format. Final GMP Proposal Package — Design -build team will prepare and submit Construction GMP Proposal based on the GMP Plans for review by the City which will included the execution of the work and completion of the design. Design -build team will review GMP proposal with the City. Permitting Pre -Application Meetings Design -Builder shall coordinate and attend preapplication meetings with the City and the permit agencies listed below to discuss the project, project phasing and schedule, and to confirm our understanding of the application regulations and submittal process. Meetings will be in person, virtual, or both as suited to meet the needs of the agency and attendees. The preapplication meeting agenda and minutes will be developed. Florida Department of Environmental Protection (FDEP) o FDEP Form 62-604.300(8)(a). Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System Boynton Beach Building Department o Planning and Zoning Site Plan Modification Permit o Building Permit TASK 5— FIELD INVESTIGATIONS LiDAR 31) scanning of the pump building interior was not conducted as part of the previous design efforts since the existing pump station was to be demolished with the originally selected alternative to construct an inline booster pump station. The costs for the LiDAR 3D scanning were included in the original lump sum. With the selection of the new alternative to rehabilitate 4 938 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 the existing pump station, the LiDAR 3D scanning could be conducted to develop a detailed model of the existing lift station to expedite the detailed design in Phase 2. If the scanning is not conducted, a credit will be provided for the amount listed in the original proposal ($12,438.00). TASK 6 — OWNER CONTROLLED ALLOWANCE Remaining funds from the Owner Controlled Allowance can be utilized for the additional services identified above. COMPENSATION Design -build Team Billable Rates: Design -builder Rate Principal -in -Charge $235.00 Preconstruction Manager $225.00 Construction Manager $185.00 Project Engineer $135.00 Project Administration $ 75.00 Chief Estimator $185.00 Estimator $150.00 BIM Modeler $125.00 HSE Supervisor $120.00 Superintendent $175.00 Foreman $ 95.00 Design Consultant Rate Principal $279.00 Design Manager/Project Manager $279.00 Project Engineer/Senior Engineer $257.00 Senior Mechanical Engineer $279.00 Project Support/Engineer $162.00 Hydraulic Modeling $202.00 Senior Electrical Engineer $257.00 Electrical Engineer $202.00 Project Engineer Process $202.00 HVAC/ Senior Mechanical Engineer $257.00 HVAC Engineer $202.00 Senior Structural Engineer $257.00 Structural Engineer $202.00 CADD/Designer $160.00 Project Administration $105.00 5 939 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 The total compensation for the Preconstruction Services will be lump sum by task below: Task Description Original Budget Revised Budget Net Increase/ Decrease Billing Method 1 Meetings/Project Management $ 52,060.00 $ 62,596.00 $ 10,536.00 Lump Sum 2 Data Gathering $ 39,440.00 $ 39,440.00 $ - Lump Sum 3 Preliminary Engineering $ 81,559.00 $ 101,910.00 $ 20,351.00 Lump Sum 4 GMP Design Documentation $ 223,929.00 $ 304,876.55 $ 80,947.55 Lump Sum 5 Site Investigations $ 31,662.00 $ 31,662.00 $ - Lump Sum Subtotal $ 428,650.00 $ 540,484.55 6 Owner Controlled Allowances $ 62,090.00 $ 11,000.00 $ (51,090.00) Lump Sum Total Lump Sum Proposal $ 490,740.00 $ 551,484.55 $ 60,744.55 Services performed will be reimbursed as follows: • Charges will be invoiced on a monthly basis as a percent complete. PROJECT SCHEDULE The City and the Design -Build team upon agreement of the goals, objectives, and scope will develop milestones for each assignment if necessary. The overall schedule for this work order is estimated for 3 months after notice to proceed. PROJECT ASSUMPTIONS The above noted scope of services has been developed to address the anticipated project requirements based on direction from the City during the meeting held on February 14, 2024. The following clarifications and exclusions are being incorporated to establish the basis for design and construction of this project. • Design of a bypassing system, including pumps, piping, and ancillaries, to facilitate construction is not included. • The City will provide the Design -builder with its standards and requirements for security at the pump station, including intrusion alarms, keycards, door readers, security cameras, and any other security items or features and requirements that the City wishes to implement in the upgrades to the pump station. The design effort only includes documentation of the requirements and standards provided by the City and does not include the development of design drawings or specifications for these systems. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Design -builder has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market 59 940 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Design -builder makes no warranty that City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from Design -builder's opinions, analyses, projections, or estimates. The City shall provide access to and facilitate site visits to the facilities as needed and shall attend all meetings to maintain the progress of the project. SUBCONSULTANT PARTICIPATION + Craig A. Smith & Associates will provide subconsultant services for the Task 5 - LiDAR 3D Scanning, if authorized. 7 941 z L May 1, 2024 Milot Emile, P.E. Interim City Engineer Boynton Beach Utilities, Engineering 124 E. Woolbright Rd. Boynton Beach, Florida 33435 ll i ::1i�a 11;�� u� :11,��i .s,� S 317' 1 Ihau�ui!O�rdillnur II R&jues �,...�� „.,,u° ,�.�� u'i:r3d: II`^��o 0113;28;�.111'1;�.11"'tl Dear Mr. Emile: TOGETHER WE BUILD SUCCESS In reference to the attached scope and fee for preconstruction services associated with the revised approach to the LS 317 Rehabilitation, PCL is requesting a change order for the following amount. Base Contract Value Original Contract: $490,740 Final Invoiced Amount: $428,454 Contract Balance $ 62,286 (unused values from Task 4 and Task 6) Change Order 1 Request: Phase 1- Rehab Additional Preconstruction Services: $123,031 Contract Balance (credit): ($62.286) Total Change Order Request $ 60,745 If you have additional questions after reviewing these responses, please let me know and I will coordinate a time to meet and discuss further. Kind regards, PCL Construction, Inc. Eric Nash 2024.05.01 16:00:17-04'00' Eric Nash, ENV SP Preconstruction Manager PCL Construction, Inc. 1 North Dale Mabry Highway, Suite 300 Tampa, FL 33609 Phone (813) 425-1440 www.pci.com 942 SCOPE OF SERVICES Progressive Design -Build Phase 1— Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 Contract No. 013282121 BACKGROUND The preconstruction phase was completed with preliminary design documents and Phase 1 GMP submitted in June 2023. In August 2023, a meeting was held with the City's Building Department and Planning and Zoning to discuss permit requirements and a permit set of drawings was developed to submit to Planning and Zoning for Site Plan review. The City provided new direction with the identification of a new preferred alternative via email on February 14, 2024 and a meeting to discuss the new direction was held on February 23, 2024. The new alternative consists of separating the gravity and force main flows coming to the lift station, rehabilitating the existing wet pit/dry pit lift station for pumping force main flow, and constructing a new submersible lift station to pump gravity flows. In order to develop a GMP for this new alternative, additional engineering efforts will be required to evaluate the existing lift station and define the rehabilitation scope of work and requirements. New design drawings and specifications will need to be developed to depict and specify the rehabilitation scope of work and requirements. The Phase 1 GMP was submitted to the City in June 2023 based on the selected of alternative to construct a new inline booster pump station to handle force main flows and a submersible lift station to handle gravity flows incoming to Master Lift Station 317. The scope of work for this project includes progressive design -build services to design, permit, construct, test, and start-up the "improved" LS 317. The project will be delivered in two (2) phases: • Phase 1 — Evaluation of the facility (including recommendations/alternatives to the challenges listed above), permitting, and preliminary design for the development of a Guaranteed Maximum Price (GMP). • Phase 2 — Final design, construction, testing, and start-up. The scope of services, presented herein, is for Phase 1 work items and includes engineering services for data gathering, special investigations, preliminary engineering, and GMP design documentation. A detailed description of the Phase 1 goals and each work task is provided below. SCOPE TASKS TASK 1— MEETINGS/PROJECT MANAGEMENT 944 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 1.1 PROJECT MANAGEMENT - Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants. 1.2 MONTHLY PROGRESS REPORTS - Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status, and work to be completed by the next progress report. 1.3 COMMUNICATIONS - Project management will include general communication among Design -Builder and Boynton staff members for overall facilitation, and to manage delivery of the project on time and within budget. TASK 2 — DATA REVIEW AND EVALUATION THIS SECTION HAS BEEN INTENTIONALLY LEFT BLANK. TASK 3 — PRELIMINARY ENGINEERING The City has requested an evaluation of alternatives with a workshop for the following items: 1. Electrical Room Layout Workshop - Alternatives will be developed for constructing a new electrical room on the ground floor of the pump station. The alternatives will consider the size of the new electrical equipment and required clearances; operations and maintenance requirements inside the ground floor, including access to the drywell access hatches and stairs; requirements for the proposed new overhead crane to facilitate removal of equipment from the drywell through the floor hatches; code requirements and safety egress; classified space requirements; and other factors which may impact the layout and configuration of the electrical room. A workshop will be held with the City to review the developed alternatives and the pros/cons of each. A layout will be selected to incorporate into the GMP design documentation. 2. Odor Control Workshop - Odor control system alternatives for the existing wetwell and new gravity lift station will be presented and discussed in a workshop with the City. Each alternative will include a description of the treatment process, treatment efficiency, space requirements, O&M requirements, approximate costs, and pros/cons. A treatment system will be selected to incorporate into the GMP design documentation (drawing and specification). 3. Drywell Pump Alternatives - Pump types and configuration options (impeller types and vertical/horizontal installation) for the new dry well pumps will be evaluated and a short list developed to present alternatives to the City. The short list of options will be developed considering existing pump pedestal and piping configuration to minimize changes; ragging 2 945 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 concerns; operational efficiency and reliability, installation/removal through the existing floor hatches, maintenance, and other relevant factors. A pump type will be selected to incorporate into the GMP design documentation (drawings and specifications). Deliverable: • Workshop agenda, presentation, and minutes. TASK 4 — GMP DESIGN DOCUMENTATION Design documents will be developed to a level sufficient for a guaranteed maximum price (GMP). Design documents to be developed will include revisions and updates to the previously developed design drawings and specifications, new design drawings and technical specifications, and markups to as -built drawings. The design documents will include the following discipline information: Civil — Site plan drawings identifying the major sitework anticipated including new and modified piping; general site layout for the new gravity lift station, FPL pad mounted transformer, generator enclosure, and permanent dri-prime pump; seal and coating of existing asphalt, access road and security fencing modifications; and landscaping required for site plan modification permitting. Process Mechanical - Identify the wetwell and drywell rehabilitation requirements, including new pumps, piping, valves, and supports. Identify requirements and location for a new odor control system for the existing wetwell and new submersible lift station wetwell. Identify requirements for a new pad mounted generator enclosure to provide backup power to the existing and new pump stations. Identify requirements for a new permanent dri-prime pump enclosure to provide emergency backup to the drywell pumps. Building Mechanical/HVAC — Identify the ventilation system rehabilitation and replacement, including exhaust fans and ductwork. Identify new air conditioning system for new electrical room. As -built drawings will be marked up to depict exhaust fan and ductwork replacement. New drawings will be provided for the new electrical room and air conditioning system. Provide specifications for key components and standards to apply. Electrical — Identify electrical system rehabilitation, including configuration and layout for a new electrical room on the ground floor to house new MCCs, VFDs, and control panels, and replacement of exposed conduits, interior and exterior lighting, switches, and outlets. Provide specifications for key components and standards to apply. Instrumentation and Controls - Identify the instrumentation and control requirements and SCADA communication for the new pumping equipment at the existing lift station and new gravity lift station. P&ID drawings will be developing for the new drywell and gravity submersible 3 946 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 lift station pumping systems. Document the City's requirements and standards for security, including intrusion alarms and security cameras. Structural /Architectural— Identifythe building rehabilitation, including door, window, and louver replacement; structural rehabilitation and repairs; replacement of roof fascia and soffit; painting and protective coatings requirements; structural rehabilitation and coating of the existing terminal manhole feedingthe wetwell; configuration and requirements for a new overhead crane on the ground floor to facilitate removal of equipment from the drywell through the existing floor hatches on the ground level; rehabilitation of the existing bathroom to replace the existing toilet and sink and retrofit the shower to be a bathroom supplies storage area. Evaluate the existing drywell aluminum platform and stairways to ascertain the condition and service life to confirm it is not in need of replacement. As -built drawings will be marked up to identify the door, window, and louver replacements. Drawings will be provided with typical structural rehabilitation and repair details with estimated quantities for each type of repair. Provide specifications for key components, including doors, windows, and louvers, overhead crane, and protective coatings. Developed plans, marked up as-builts, and specifications shall be submitted to the City in pdf format. Final GMP Proposal Package — Design -build team will prepare and submit Construction GMP Proposal based on the GMP Plans for review by the City which will included the execution of the work and completion of the design. Design -build team will review GMP proposal with the City. Permitting Pre -Application Meetings Design -Builder shall coordinate and attend preapplication meetings with the City and the permit agencies listed below to discuss the project, project phasing and schedule, and to confirm our understanding of the application regulations and submittal process. Meetings will be in person, virtual, or both as suited to meet the needs of the agency and attendees. The preapplication meeting agenda and minutes will be developed. • Florida Department of Environmental Protection (FDEP) o FDEP Form 62-604.300(8)(a). Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System • Boynton Beach Building Department o Planning and Zoning Site Plan Modification Permit o Building Permit TASK 5— FIELD INVESTIGATIONS LiDAR 3D scanning of the pump building interior was not conducted as part of the previous design efforts since the existing pump station was to be demolished with the originally selected alternative to construct an inline booster pump station. The costs for the LiDAR 3D scanning were included in the original lump sum. With the selection of the new alternative to rehabilitate 4 947 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 the existing pump station, the LiDAR 3D scanning could be conducted to develop a detailed model of the existing lift station to expedite the detailed design in Phase 2. If the scanning is not conducted, a credit will be provided for the amount listed in the original proposal ($12,438.00). TASK 6 — OWNER CONTROLLED ALLOWANCE Remaining funds from the Owner Controlled Allowance can be utilized for the additional services identified above. COMPENSATION Design -build Team Billable Rates: Design -builder Rate Principal -in -Charge $235.00 Preconstruction Manager $225.00 Construction Manager $185.00 Project Engineer $135.00 Project Administration $ 75.00 Chief Estimator $185.00 Estimator $150.00 BIM Modeler $125.00 HSE Supervisor $120.00 Superintendent $175.00 Foreman $ 95.00 Design Consultant Rate Principal $279.00 Design Manager/Project Manager $279.00 Project Engineer/Senior Engineer $257.00 Senior Mechanical Engineer $279.00 Project Support/Engineer $162.00 Hydraulic Modeling $202.00 Senior Electrical Engineer $257.00 Electrical Engineer $202.00 Project Engineer Process $202.00 HVAC/ Senior Mechanical Engineer $257.00 HVAC Engineer $202.00 Senior Structural Engineer $257.00 Structural Engineer $202.00 CADD/Desi ner $160.00 Project Administration $105.00 5 948 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 The total compensation for the Preconstruction Services will be lump sum by task below: Task Description Value Billing Method 1 Meetings/Project Management $ 10,536.00 Lump Sum 2 Data Gathering $ - Lump Sum 3 Preliminary Engineering $ 20,351.00 Lump Sum 4 GMP Design Documentation $ 92,144.00 Lump Sum 5 Site Investigations $ - Lump Sum 6 Owner Controlled Allowances $ - Lump Sum Total Lump Sum Proposal $123,031.00 Services performed will be reimbursed as follows: • Charges will be invoiced on a monthly basis as a percent complete. PROJECT SCHEDULE The City and the Design -Build team upon agreement of the goals, objectives, and scope will develop milestones for each assignment if necessary. The overall schedule for this work order is estimated for 3 months after notice to proceed. PROJECT ASSUMPTIONS The above noted scope of services has been developed to address the anticipated project requirements based on direction from the City during the meeting held on February 14, 2024. The following clarifications and exclusions are being incorporated to establish the basis for design and construction of this project. • Design of a bypassing system, including pumps, piping, and ancillaries, to facilitate construction is not included. • The City will provide the Design -builder with its standards and requirements for security at the pump station, including intrusion alarms, keycards, door readers, security cameras, and any other security items or features and requirements that the City wishes to implement in the upgrades to the pump station. The design effort only includes documentation of the requirements and standards provided by the City and does not include the development of design drawings or specifications for these systems. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Design -builder has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may 9 949 Scope of Services Lift Station 317 Rehab Additional Preconstruction Services Boynton Beach Lift Station 317 affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Design -builder makes no warranty that City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from Design -builder's opinions, analyses, projections, or estimates. • The City shall provide access to and facilitate site visits to the facilities as needed and shall attend all meetings to maintain the progress of the project. SUBCONSULTANT PARTICIPATION • Craig A. Smith & Associates will provide subconsultant services for the Task 5 - LiDAR 3D Scanning, if authorized. 7 950 April 25, 2024 Milot Emile, P.E. Interim City Engineer Boynton Beach Utilities, Engineering 124 E. Woolbright Rd. Boynton Beach, Florida 33435 TOGETHER WE (BUILD SUCCESS 11 i ::1i�a 11;�� ur :11,��i .s,� S 317' 011: ii�r11') ii es ��Revuew Coirnii, a ii,iits 03i::18-2021:1. C �°) r 0 rac° II`��i o 0113 2 ,11 �,) l Dear Mr. Emile: In response to the comments received for the Scope of Services submitted on March 15, 2024, for the Lift Station 317, a detailed response for each item has been included for your review. Our team has made every effort to ensure the efforts included within the initial scope best utilize the information that was previously gathered and developed for the previous scope of services, while accurately capturing the level of effort required to meet the City's revised scope of this lift station. If you have additional questions after reviewing these responses, please let me know and I will coordinate a time to meet and discuss further. Kind regards, PCL Construction, Inc. O Eric Nash `(7�J 2024.04.25 16:54:35-04'00' Eric Nash, ENV SP Preconstruction Manager PCL Construction, Inc. 1 North Dale Mabry Highway, Suite 300 Tampa, FL 33609 Phone (813) 425-1440 www.pci.com 951 Progressive Design -Build Phase 1— Scope of Services Rehabilitation Additional Preconstruction Services Boynton Beach Lift Station 317 Contract No. 013282121 TOGETHER WE (BUILD SUCCESS 1. CITY COMMENT: Prior to the City's choice of the inline Booster pump station alternative, we discussed a number of alternatives, where Carollo Engineers/PCL Construction, Inc. have gathered data and evaluated some of what we decided to finalize the previous GMP. How is this reflected in the cost as well time for phase I of the rehabilitation? Anything that can be utilized from the previous alternative's evaluation should be used and identified? PCL RESPONSE: The level of effort and schedule for the preliminary design of the new alternative reflects the data and information gathered during the alternative evaluation phase and GMP development. Specifically, the following tasks needed for the new design are not included in the level of effort since they were completed during the initial alternative evaluation and GMP development phase. • Collection and evaluation of gravity and force main flows to LS 317 and range of discharge pressures in the effluent force main. This information will be utilized for sizing the new drywell pumps. o Note that the scope of work includes an evaluation of pump types for the new dry well pumps. As such, the level of effort for design of the new pumps assumes selection and specification of new pumps (as opposed to utilizing the specification for the previously developed booster pumps). • Site survey • Inspection of the condition of the existing pump station pumps, piping, ventilation, bathroom, and other features. • Structural inspection of the wetwell, drywell, and building. This task was performed as part of the alternative evaluation. • List of Drawings: See Table 1 indicating the extent of drawing reuse and modifications. • Technical Specifications that can be reused with no or minor modifications: o Section 23_41_51 Positive Pressurization Equipment ■ Requirements are the same as for the new Electrical Building, but the sizing of equipment will be modified based on the new electrical room inside the existing pump station. o Section 23_81_14 - Air Conditioning Units ■ Requirements are the same as for the new Electrical Building, but the sizing of equipment will be modified based on the new electrical room inside the existing pump station. o Section 26_32_14 Generator with Outdoor Enclosure PCL Construction, Inc. 1 North Dale Mabry Highway, Suite 300 Tampa, FL 33609 Phone (813) 425-1440 www.pci.com 952 TOGETHER WE (BUILD SUCCESS o Section 40_05_19.01- Ductile Iron Pipe o Section 40_05_31.14 - PVC Pipe o Section 40_05_62 Plug Valves o Section 40 05 66.24 Check Valves o Section 43_25_13.31 Submersible Medium Capacity Centrifugal Pumps o Section 46_24_23 Open Channel Grinder o Section 13100 - Stationary By -Pass Pump for Lift Stations (Dri-Prime Pump) 2. CITY COMMENT: What percentage of the original design can be salvaged and re -used for this new design? What is the associated cost saving? PCL RESPONSE: As explained above, the level of effort for the design of the new alternative reflects previously completed alternative evaluation and preliminary design. The estimated percentage of the original alternative evaluation / design that can be reused is 60%. This represents an approximate $100,000 in savings. 3. CITY COMMENT: Was the smaller submersible lift -station for the gravity flow designed in the first iteration, and can it be re -used? PCL RESPONSE: The submersible lift station was designed, including development of a site plan and specifications for the pumps. The design utilized the City's standard lift station details for the drawings and the pumps were sized based on the estimated gravity flows to the station. The drawings and specifications will be reused with minor modifications to account for changes to the existing gravity piping/manholes due to the emergency repairs. Odor control for the gravity wetwell will be evaluated as part of the new odor control system for the existing wetwell. 4. CITY COMMENT: From the submitted scope of services -Civil, the site civil improvements paragraph does not mention or reference the existing on-site pavement. If it is asphalt, it will need to be sealed and coated. PCL RESPONSE: The Civil scope of services has been revised to indicate that the existing site pavement will be sealed and coated. 5. CITY COMMENT: Task 6 — Owner Control Allowance: Identified items in all tasks shall be priced out in the total GMP. The remaining funds or cost savings from the controlled allowance shall not be moved to other line items throughout the GMP. PCL RESPONSE: Understood. The costs listed in the proposal do not include any credits or savings from the remaining allowance funds. 6. CITY COMMENT: Please explain why contingency is not mentioned in the scope of services. PCL Construction, Inc. 1 North Dale Mabry Highway, Suite 300 Tampa, FL 33609 Phone (813) 425-1440 www.pci.com 953 TOGETHER WE (BUILD SUCCESS PCL RESPONSE: The intent of the scope of services is to define the agreed upon objectives, requirements, deliverables, schedule, and assumptions to develop the GMP that will be used as the Contract Price for Phase 2 services, in accordance with the contract requirements. All work within these defined requirements and assumptions is covered by the lump sum fee. The developed GMP will include clearly defined Design Builder contingencies. If it is desired by the City to add a contingency or Owner's Allowance, this change can be accommodated into the scope of services and fee sheet. 7. CITY COMMENT: The word booster shall not be part of the new scope of services for the Rehabilitation. PCL RESPONSE: The reference to Booster has been removed from the title, but all other references were to the previously required scope and will remain as -is. PCL Construction, Inc. 1 North Dale Mabry Highway, Suite 300 Tampa, FL 33609 Phone (813) 425-1440 www.pci.com 954 Ell 955 uj -j u u 0 z < z LLJ (D LLJ z uj (D uj 2 2 2 LLI z LL 0 LLIuj uj 0 z uj < (D z — O_ LLJ uj = >- uj z LLJ z 0 0 W CO uj UJ u Ln Z 0 uj u III z 0 0 wW b - C.0 uj UJ u Lf) Z 5; 0 uj u Cn LU 0 z LU ra ra U -j LU u O uj < 0 0 LU = u 0 LU = u 0 uj < C) CL D 0 z- L� w < 2 C) LLJ CJL Z D o 0 0 ui — 2 V) < cn uj uj Z < 0 0 Z DL < :D ul 0 < — 2 cj- ui uj uj Z < C) 0 Z cj- < D L,) 0 < — D- 2 wui cr- uj < C) m z ui z Lli z LLJ Lli 0 0Z z z z z 0 z (D z u z 0 z (D (D W4A Z (A 5� LU V) 5C ui V) X5� LU Ln LU Ul) `®GX5C ui Ln ui VI ui vi X5< ui Ln LU UJ Z UJ Z UJ Z V) X ui LU -i D C) LU U V) m LU 0 W F-- < 0- co 0 2 2 W0 -j z 0 u J < ~ > w0 0 < M = LU > X ui 0 < < 0 ca Ln L-Ui Ln LU z _j < = LU z 'n z 0 < Or- co Ln z ui LU ur) ui 0 -i < w ui z ui z < ui 7) LD V) x -i < ui 0 ui z ui -j < U LLI U < u ui u = < -i < w u D Ln -i < W LU Z LU Ln ui wuq a: V) j� 0 z < w 0 0 < - F- ui 0 < m W = u z o =� < ui 0 < m W W = (_a z o < (D z -j Z) CIO ®' u cr- u ww -i V 0 < (D ui C) u u w LLIfN LZ1J LLI 0 I 0 Nm 0 I 0 0 I 0 0 1 0 U -I 6 0 r4 6 (D u 1 u of V) 0 Ln 0 < Ln Ln V) 955 Q) 0) co 0- M0 WLf) X E -L uj CL z 1, CjL Ln uj rL LL WLn V) le or_ Ul) le cr- uj 0 0- LLJ > LLJ V) D Ul Z) Ul D V) Z) ul a - Z) ca L4 ca L4 uj ca V) co Ln co Lr) an Ul) co Ln CiL (D (D uj uj uj 0 u :D Ln LLJ LLJ UJ 0 LLJ LLJ UJ 0 LLJ LLJ UJ 0 UJ Z UJ Z LLJ Z j Ci- D uj z uj 0 uj z uj z uj z uj z (D 0 z 0 LD LD LD 0 LD Z Lu LiJ x LLJ x LLJ x LLJ w z w z w z Lij ui Z IL -n - T< w w Z w Z w Z w Z V) z 0 V) > U.J LLJ -j uj u Z < u LU z -j LL 0 0 C) 0 0 -i :D 0 (.D < z < i CL uj< ui -i ui E ui< Ui LIJJ ui LLJ M z 0< UJ V) 0 = -i U ui U'j can z 0 — u W< < CiL z 0 ui LD 0 0 -1 V) V) Lli u 0 cr- Z < o Lli V) 0 Lli Z 0�= u LLJ cai o Lli V) 0 Wo Z LLJ ui W0 > ui 0 -i u Li C97 o u Li 4A 0 F u uj -i rL < V) LIL > < 02 m ui u u < > LLJ u V) LL LD U U ui -Ujj 0 -:1 2 Lli 0 o o cr- (D uj u U') o o = _j U U Li -j LU < U- o 0 0 < o 0 -J o (D 0 u U-) rn Ln 't Ln Ln Ln rqm u L4 W Q) 0) co 0- M0 Q) 0) cm a 957 N N N w 2 Q :D D Z) Z W CjL 0- N N cls U LL 0 CL CL -�uj W Z 0 Z 0 Z 0 f -- U U U WLU LL Uly Vy LL (D Z 2 UU Z LU (D Z>> 2 Z w � ® _ ® 0 E 0 Z < Z < Z LU (D Z 2 U z LU 0 Z 2 U z LU 0 Z 2 U z LU 0 Z 2 U z LU 0 Z 2 U z LU 0 Z,r• 2 U z LLJ w 0 (D Z 0 0 Lu Z = U z W w C) O(.7 Z Z (.7 Z (D Z (D Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z (� Z 0 Z 0 Z 3 � W X Z W Ln N X W Ln� N X W N 3< ui N T< ui N � W j w Z j Z j Z Ln(A(A(A N_ X W N_ X W N_ X W N_ X W un N_ X W V) N X W Ln N X ui w Z V- N `®C w V) N X W V- N x w Z 0 J N J m } N Z Q 0 Z LU J J Q V_ LU J W J LU Z W U N 0_ H Q > w c M Q J U w W < J 0- -J ® 0 U Z < Z ® J> Z Qo J U ui Z 0W W r- M J u 2 <LU Z = W Z 0 M J u 2 J rL 0 Z C) Z `� 0 CL 0 0 JLL U Ed ca }-- N w a W J w Z < (� 0 0 ®< (.7 cL CL Z z s (� J w Z < 0 LL :DZ 0_ (D N J 0 R Z O Z Q c -I N Z 0 a_ > W m Q Z Q J o0 c}n N N Z 0 a_ > W m Q Z Q J 00 N M N Z 0 Q > W m Q Z Q J 00 N N Z 0 Q > W m Q z Z Q J 00 N N -j 0 g Ln U ~ Q L N Z 0 ~ Q J W w Z d J a z H Z z Z Q J Q Z = � W u� d U 2 ui s U LA NCL �} Z N w a- V) NLn 0 � Z,� u F W S J u < W U N J Z J 0 Z Q a dS —1 G D a J CO N Of w c m coif N } > a (D a - N 0 Z < N w 2 w 0 Z H Z W N W (7 N W (7 W 00 w' M w' M e -I w N ui M ui_ � z c -I Z (7 N Z C7 M Z C7 � Z C7 L!) Z C7 O Z Ln C3 ww Ci Z C$ w+ C Z Z e� Q) 0) cm a 957 LLI Q Z LL 0 LLI LU LU LU (D (D LLJ < < < U u u ui ui ui 0 0 0 0 z z z z z z (D ( D ( 0 z z 7- zD v) X w w X 5� W W Z LU ui z z LU LU LU N LU LU 0 0 Ln -1 Ul) -1 C) C) cr- LU yj Z Z Ln Ln Z) Z) LU CL a- U U LU LU LU ui C) m 06 LU LU u u V) a- W = = 0- r-4 < < -<j -i < D D LIJ U U D Ln LU LU 0 or oW W Ln V) C,O co 0 0 LIJ LIJ < -1 -1 LIJ u H H < < z 0 u u LLI 0 0 0 z z Lle) LA 958 1 RESOLUTION NO. R22-071 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 5 SIGN A PROGRESSIVE DESIGN -BUILD PHASE I AGREEMENT WITH PCL 6 CONSTRUCTION, INC. FOR THE LIFT STATION 317 MAJOR UPGRADE 7 PROJECT IN THE AMOUNT OF $490,740.00; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, Lift Station 317 is located on Boynton Beach Boulevard west of 12 Congress Avenue and is the largest lift station (purnping station) in the Utilities wastewater, 13 system and the only four (4) pump station; and 14 WHEREAS, the project will include needed upgrades to Master Lift Station 317 to 15 promote reliability, resilience, and energy efficiency and to ensure effective lift station 16 operation for at least 25 to 30 years; and 17 WHEREAS, PCL Construction, Inc. was selected through Request for Qualifications 18 (RFQ) #013-2821-21/TP and approved by the City Commission on September 21, 2021; 19 and 20 WHEREAS, the agreement with PCL Construction, Inc, is a Progressive Design -Build 21 agreement that allows for two phases, the first of which is for evaluation of the facility, 22 permitting, and preliminary design for the development of a Guaranteed Maximum Price 23 (GMP) for the construction of the work; and 24 WHEREAS, once the GMP is established, and if considered appropriate by the City, 25 the project will return to the City Commission for approval of the GMP as Phase 2 of the 26 project; and 27 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 28 recommendation of staff, deems it to be in the best interests of the City residents to 29 approve and authorize the Interim City Manager to sign a Progressive Design -Build Phase 30 1 agreement with PCL Construction, Inc. for the Lift Station 317 Major Upgrade project in 31 the amount of $490,740.00. 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 33 OF BOYNTON BEACH, FLORIDA, THAT: S \(,'A\RI'S(,)\A6!i-eetieiils\Appai)vjnp-! Design Build Phase I Fot hfi Statwn 3 17 - Reso.Docr 959 34 35 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 Section 2. The City Commission approves and authorizes the Interim City 39 Manager to sign a Progressive Design -Build Phase 1 agreement with PCL Construction, 40 Inc. for the Lift Station 317 Major Upgrade project in the amount of $490,740,00. a copy 41 ofwhich isattached hereto and incorporated herein asExhibit ^A^. 42 Section 3. This Resolution shall become effective immediately upon 43 passage. PASSED AND ADOPTED this 17m day of May, 2022. 44 CITY (}FBOYND3NBEACH, FLORIDA 45 46 YES NO 47 48 Mayor —TvPenserga 49 50 Vice Mayor — Angela Cruz 51 52 [mmmissioner—VVoodrowLHay 53 54 [ommissioner—ThomesTurkin 55 56 [onnnnissioner—Aimee Kelley 57 58 59 VOTE 60 61 ATTEST: 62 63 64 4csa| 65 n, MMC 66 City Clerk 67 68 69 ' 70 ' . ` S 6esigpi Build mmsc/For uoStation 3n n«so n"cx ' 960 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/'IT' LIFFSTATION 317 MAJOR UPGRADt' This AGREEMENTis made effective as ofMav 17, 2022, by and between the fallowing pat -ties, f'or set -vices in connection with the Pro.ject identified below: OWNER: The City of Boynton Beach, Florida 100 E. Ocean Avenue Boynton Beach, FL 33435 P0 Box 310 Boynton Beach, FL 33425-0310 DESIGN -BUILDER: PCT C011IRICtiOrl, Inc. I N. Dale Mabry Highway, Suite 300 Tarnpa, FL 33609 IIROJE(:IIT: RFQ # 01:3-2121-21 /T11 — Lift Station 317 Major Upgrade Progressive Design -Build Wl IERFAS, the CITY solicited proposals frorn qualified Design -Build Firins to provide set -vices for the expansion ofthe Lift Station 317 Major Upgrade Project; WHERF'AS, Pursuant to Section 287.055, Florida Statutes, the City of'Boynton Beach solicited Proposals for non-exclusive Contracts to perform professional services, WFIL ' IZEAS, at its meeting on SEPTEMBU'R 21, 2021, the CITY Commission authorized the proper CITY officials to conduct negotiations with the first -ranked firm (PCI.., Construction, Inc.). of. Tainpa, Florida,- and WHERF"AS, at its meeting on May 17, 2022, the CITY C0111111iSSiOn authorized the proper CITY officials to execute this Contract hereinafter referred to ass Contract No.: 013282121. In consideration of the inutual covenants and obligations contained herein, Owner and Design -Builder now agree as follows: Article 1.0 Scope of Work 1.1 Phased Delivery. Owner and Design -Builder will implement the Project on a phased basis, 1.2 Phase I Services. Owner has selected Design -Builder on the basis of'Design-Builder's proposal for the perfort-nance of design, pricing, and other set -vices for the Project during Phase 1. Design - Builder shall perfortu SLICII services to the level of completion required for Design -Builder to establish the Contract Price for Phase 2, as set forth in Section 13 below. The Contract Price for Phase 2 shall be developed during Phase I in conjunction with Attachment B. Design -Builder's Compensation tot, Phase I Set -vices is set, firt-th in Section 1, Phuse 1, of Attachment B, (.-Ionipensalion.The level of completion required for Phase I Services is defined in Attachment A, Copyright 2013 by The Water Design -Build Council (WDBC) WDBC DOCUrneril No. W-1701-2013 Progressive Design/Build Agreement Page 1512122 PROGRESSIVE DE'SIGN/13L)ILD AGREEMENT FOR RFQ 013-2821-21/P [.1FTSTATION 317 MAJOR LJPGRADE Scope (?f'Work (either as a percentage of design completion or by defined deliverables), 1.3 Phase 2 Services. Design -Builder's Phase 2 services shall consist of` the completion of design services for the pro.ject, the procurement of all materials and equipment fior the Project, the perl'orniatice of construction services for, the Pro.ject, the start-up, testing, and commissioning ofthe Facility, and the provision ofwarranty services, all as further described in Attachment A,Sc(.pe qffVork, Upon receipt of'Design-BUilder's proposed Contract Price for Phase 2, Owner may (a) accept the Contract price and issue a Notice to Proceed with Phase 2 services, or (b) enter into a negotiation with Design -Builder on the scope and Contract Price, and, if required, on the schedule, for Phase 2 services to achieve a Mutually acceptable basis on which to proceed, or (c) re,ject Design - Builder's proposal for Phase 2 and either (i) cancel the project, (ii) proceed with another Design - Builder, or (iii) exercise the "off -ramp" final design provisions of Section 1.4, (Jff-Ramp. The Contract Price tor Phase 2 Services will be set. forth in Section 2, Phase 2, of Attachment B, (.'onipensution, when Mutually agreed between the parties. Once the parties have agreed upon the Contract Price and Owner has issued a Notice to proceed with Phase 2, L)esigri-Builder shall perform the Phase 2 services, all as further described in Attachment A. Seoj)e (i/ 144ork, cis it may be revised. 1.4 Off -Ramp. 1.4.1 The parties acknowledge that Owner's ability 10 successfully cornplete the Pro.ject irray be significantly impacted if'Owner elects to terminate Design -Builder's services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 ("Phase 2 Services") and certain design sub - consultants are not available to continue working on the Pro.ject, Consequently, Design -Builder hereby agrees that if'(.)wner terminates Design -Builder for any reason, Owner shall have the right to contract directly with such design sub -consultants for design -related services on this Project, and Design -Builder shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design -Builder shall provide in any design sub -consultant agreements that Owner shall have the right to negotiate directly With Such design SUb-0011SLIftants for the continuation of their set -vices with respect to the Pro ' ject, and that any provisions with respect to copyright or the ownership of instrurnents ofservice corifirin such Light ofOwner. 1.4.2 If the parties are unable to reach an agreement on Design -Builder's proposed Contract Price for Phase 2 Under Section 1.3 within the firrie limit for acceptance specified in the Proposal, as may be extended by the Mutual agreernent ofthe parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall ineet and confer as to how the project will proceed, with Owner having the following options - 1. Owner may declare Phase I Services completed and authorize Design -Builder to continue to advance the final design ofthe project kis 4in extension of Phase I or as an Additional Set -vice, as applicable; or 2. Owner may terminate the relationship with Design -Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design -Builder. 1.4.3 If Owner fails to exercise either of its Options Linder Section 1.4.2 in a. reasonable period ofrrie, Design -Builder may give written notice to Owner that it considers this Agreement completed. If' Owner fails to exercise either of the options Under Section 1.4.2 within ten (10) days of'receipt of Design -Builder's notice, then this Agreement shall be deemed completed. 1.4.4 If Owner terrniriates the relationship with Design -Builder Linder Section 1.4.2.2, or it' this Agreement is deemed completed under Section 1.4.3, their Design -Builder shall have no further liability or obligations to Owner under this Agreement. CP) Copyright 2013 by The Water Design -Build COUnci I (WDBC) WDBC DOCLArnent No, W-1701-2013 Progressive Design/Build Agreement Page 2 512122 962 PROGRESSIVE DESIGJN/BUILD AGREEMENT FOR RFQ 013-2821-21 /TP L.,11"I'STATION 317 MAJOR UPGRADE 1.5 Completion. Once Design -Builder has received a Notice to proceed with Phase 2, Design-Builder- shall esign-Buildershall perform all design and construction services, and provide all material, equipment, tools, labor, manuals, and start-up and commissioning services for the Project necessary to complete the Work described in and reasonably inferable from the Contract Documents. Following Substantial Completion of the Work, Design -Builder shall conduct performance tests to demonstrate that the Facility Performance Criteria have been met, as a condition for Final Acceptance. Article 2.0 Contract Documents 2.1 Contract Documents. The Contract Documents are comprised of the following: 1. All written modifications, amendments, and change orders to this Agreement issued in accordance with Attachment 1), General (..'ondilions; 2. Written Supplementary Conditions, if any, to the General Conditions; 3. This Agreement, including all exhibits and the l'ollowing attachments: Attachment A Scoj)e qIf"ork Section I Phase I Scope of Work Section 2 Phase 2 Scope of Work Allachnient B Coinj)enscaion Section I Phase I Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment 1) General C onditions Attachment f'-,.' In(kninkv, Insurunce (k, B(mcling Attachment F Owner's Pr(Vecl Design -Build (-I riteria h,Y Rfirence, Attachment G S�)ecial (.'c)ndifions 4. Construction Documents prepared and reviewed in accordance with GC 2.4; to be developed in Phase 2 .5. The following other document attached hereto: PCL Construction, Inc. proposal dated March 24, 2022. Article 3.0 Interpretation and Intent 3.1 Contract Documents. The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Phase I Corripensationand the agree(] Contract Price for Phase 2 Services.The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof, Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 3 512122 411-V PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RIA( 013-21121-21/TP I.IFTSTATION 317 MAJOR UPGRADE 3.2 Meanings. Terins, words, and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in C;(:' 1.1 3.3 Entire Agreement. The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein areas fully binding on the parties as if'repeated herein in their entirely. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4.0 Ownership of Work Product 4.1 Work Product, All drawings, specifications, and other documents and electronic data furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including the copyrights thereto. 4.2 Owner's Limited License upon Payment in Full, Upon Owner's payment in full for the Work performed in each Phase Linder the Contract DOCUlnelIts, Design -Builder shall be deemed to have granted Owner a limited license to use the Work Product solely in connection with Owner's ownership, use, and occupancy of the Project. Owner shall not use the Work ProdUCI on any other project or facility without Design -Builder's express written consent. 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate, If*(,- I )wner terminates the Protect for its convenience as set forth in Article 8.0 ("'ferinination for Convenience"), or if Design -Builder elects to terminate this Agreement in accordance with GC 9,5 ("Design -Builders Right to Terminate for Cause"). Design -Builder shall, upon Owner's payment in full of the amounts due Design -Builder under the Contract Documents, be deerned to have granted Owner a limited license to use the Work Product to complete the Project and subsequently use and occupy the Project, conditioned on the following: 1. (Jse of the Work Product is at Owner's sole risk without liability or legal exposure, to Design -Builder or anyone Nvorking for or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"). 4.4 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to Design -Builder's default pursuant. to GC 9.3 ("Owner's Right to Perform :Ind Terminate for ( aLlse")and (i) it is determined that Design -Builder was in default. and (ii) Owner has fully satisfied all of its obligations under the Contract Documents, then Design -Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion, use, and occupancy of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party. 4.5 Owner's Indemnification for Use of Work Product, Owner recognizes that in the event ofan early termination orf the. Work, whether for convenience or for cause, Design -Builder will not have the opportunity to finish or to finalize its Work Product. Therefore, if Owner uses the Work Product under Sections 4.3 or 4.4 in whole or in part, Owner agrees to defend, indemnify and hold harmless the Inclerrinified Parties from and against any and all claims, darnages, liabilities, losses, and expenses, including attorneys' fees, arising out of or resulting front Owner's use of the Work Product, to the fullest extent permitted by applicable law. Article 5.0 Contract, Time 5.1 Dates of Commencement. QCopyright 2013 by The Water Design -Build Council (WDBC)WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 4 5/2/22 964 PROGREISSIVE DE'SIGN/13UILD AGREEMENT f " 0R RI`Q 013-2821-21 /,rp LIFT S"I'ATION 317 MAJOR UPGRADE" 5.1.1 Design -Builder's Phase I Services shall commence within five (5) days of Design - Builder's receipt of Owner's Phase I Notice to proceed unless the parties Mutually agree otherwise in writing. The parties shall rise their best eff'orts to complete the Phase I Services within the fline durations detailed in Attachment (.1'. Section Entitled; "SCHEDULE". 5.1.2 The Phase 2 Services shall commence on the date within five (5) days of Design-Bui I der's receipt of' Owner's Phase 2 Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work included in Phase, I shall be achieved it(:) later than One Hundred Eighty (180) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). The Substantial (.7ornpletion date for Phase 2 shall be submitted with the Guaranteed Maximum Price (GMP) deliverable package, 5.2.2 Interim milestones and/or Substantial Completion ofidernified portions ofthe Work shall be achieved in accordance with Attachrrient C, Schedule. 5.2.3 Final Completion ofthe Work or identified portions of the Work shall be achieved within Thirty (30) days after Substantial Cornpletion, 5.2.4 All ofthe dates set forth in this Article 5.0 shall be subJect to adJustirient in accordance with the General Conditions. 5.3 Time is of Great Importance. Owner and Design -Builder ITILItUally agree that time is of great importance with respect to the dates and times set forth in the Contract DoCUMentS. Owner agrees to provide all site access, materials, inf'orniation, data, and approvals required Under the Contract Documents in a liniely manner, as required for Design -Builder to achieve the interim milestones of the Schedule and the Scheduled Substantial Completion Date. 5.4 Liquidated Damages. Design -Builder Understands that if' Substantial ornpletion is not achieved by the Scheduled Substantial Completion Date (as it may be extended hereunder), Owner will suffer dainages which are difficult to determine and accurately specify. Design -Builder agrees that it' Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the "l -D Date"), Design -Builder shall pay Owner One I'liousand Dollars (SI&OM) as liquidated damages for each day that Substantial Completion extends beyond the 1,13 Date, tip to a maxiniurn of: Fifty Ihousand Dollars (S50,00010). The liquidated damages provided herein shall be in lien of all liability f'(.)r any an(] all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. No Liquidated Darnages shall be assessed in the event that Owner takes early beneficial OCCUPWICY ofthe Facility or inakes partial use thereoffor operating or commercial purposes before Substantial Completion is achieved, 5.5 Early Completion Bonus. 0 Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/BUild Agreement Page 5 512122 965 PROGRESSIVE DESICN/BUILD AGREEMENT FOR RFQ 013 -2821-21 /TP LIFTSTATION 317 MAJOR UPGRADE, If'Substantial (7orripletion for the ]'base 2 construction work is achieved on or before Twenty t20) days before the Scheduled Substantial Completion Date (the "Bonds (:late"), Owner shall pay Design -Builder wit the time of Final Payment under Section 7.4 hereofan early completion bonus of Five Hundred Dollars (S500,00) for each day that Substantial Comprtetion is achieved earlier than the BO11US Date, Stich Early Completion bonus shall not exceed Ten Thousand Dollars 61(!,000,00) in the aggregate. Article 6.0 Compensation and Contract Price 6.1 Phase I Conipensation. Forthe Phase I Services, Ownershal I pay Design-BUi I dercompensation in accordance with Section 1, Phase 1, of Attachment 1.3, Compensation. 6.2 Phase 2 Contract Price. For file Phase 2 Services, Owner shall pay Design -Builder in accordance with Section 2, Phase 2, ol"Atfachment B, Coml)ensation, an agreed Contract Price equal to Design - Builder's Fee (as defined in Attachment 13) phis the Cost of the Work (as defined in Attachment 1 B), SUbject to adjustments made in accordance with the Cleneral Conditions, Article 7.0 Procedure for Payment 7.1 Payment for Phase 1 Services 7.1.1 Owner shall compensate Design -Builder monthly for phase I Services performed Linder the Agreement per, Attachment B, Section 1. 7.1.2 ()wner shall pay Design -Builder f()r Phase I Services within thirty (30) days after Owner's receipt of each properly SUbinitted and accurate Application for Payment in accordance with the provisions of GC 5.1 ("Payment for Phase I Services") and 5.4 ("Withholding of Payments"). 7.2 Progress Paymetirts, for Phase 2 Services 7.2.1 Air initial payment of ZUU dollars JjW shall be made upon execution of this Agreement ,in(] credited to (,)wner*s account at final payment 7.2.2 Design -Budder shall submit to Owner oil or before the twenty-fifth (25th) day of each itionth, beginning with the first month after the Date of Commencement, Design -Builder's Application for payment in accordance with GiC 5.3 ("Monthly, Progress Payments for Phase 2 Services"). 7.2.3 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with GC 5.3, but in each case less the total ol'payinenis previously made, and less any amounts properly withheld Under GC 5.4 ("Withholding ol"Payments") and Section 7.3 below ("Relamage oil Progress Payments"). 7.2.4 If' Design -Builder's Fee is a fixed amount, the amount of' F)esign-Builder's Fee to be included in Desi gn-Bui I der's monthly Application for Payment and paid by Owner shall be proportional to the percentage ofthe Work completed, less payments previously made oil account ot'Design-Builder's Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain Zero percent (0%) ofeach Phase I Application for Payment andpercent @Copyright 2013 by The Water Design -Build COUncil (WDBC)WDBC Document No. W-1701-2013 Progressive Design/BuildAgreenlerit Page 6 512122 966 PROGRESSIVE DESIGN/BUILD AGREEML.NT FOR RFQ 013-2821-21/TP LM"I'S'FATION 317 MAJOR. UPGRADE (J:'' ) of each Phase 2 Application for Payment until Final Completion ofthe construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed tinder the contract by the Design -Builder has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(d). 7.4 Final Payment 7.4.1 Design -Builder shall Submit its Final Application Im Payment to Owner in accordance with GC 5.8 ("Final Payment"). Owner shall make payment on Design -131.1i ]der's properly Submitted and accurate Final Application for Payment within ten (10) days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in GC 5.8.1 7.5 Record Keeping and Financial Controls 7.5.1 Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs ofthe Work, including the development and agreement upon the Contract Price for Phase 2 Services. Design -Builder shall keep full and detailed accounts an(] exercise such controls as may be necessary 1'(,)r proper financial management, using accounting and control systems in accordance with generally accepted accounting principles, art(] in such accounts as may be necessary lot- Owner's Utility accounting purposes. During the perfortuance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be aff'orded access from time to time, upon reasonable notice, to Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, mernoranda, and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after F I Mal Payment, provhled, however, that such access, review, and audit rights shall not extend to any compensation amounts established on the basis of fixed rates for overhead or fee, or an agreed fixed SLIM, or unit rates for any element ofcost. Article 8.0 Representatives ofthe Parties 8.1 Owner's Representatives 8.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Andrew Mack, III.E. Assistant City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Fl, 33435 561-742-6401 MackA(u bbffus 8.1.2 Owner designates the individual listed below as its ( ' )wner's Representative, which individual has the authority and responsibility set forth in GC 3.4 ("Owner's Representative"): OcCopyright 2013 by'rhe Water Design -Build Council (WDBC)WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 7 512122 967 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR R. 0 13-2821-2 1 IT LIF-TSTATION 317 MAJOR UPGRADE (.7hristopher Roschek, P.E. Engineering Division Manager City of Boynton. Beach 100 E. Ocean Avenue Boynton Beach, FL, 33435 561-742-6413 RoschekC(ii?bbfl.us 8.2 Design -Builder's Representatives 8.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design - Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: A I-Joh,je, P.E. Area Manager PCI, Construction, Inc. I N. Dale Mabry Highway, Suite 300 Tampa, FL 33609 813-425-1447 .If loltje(�pclxorn 8.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in GC 11.1: Brandon Hinson Special Prc�iects Manager PCI, Construction, Inc, I N. Dale Mabry I lighway, Suite 300 Tampa, FL 33609 407-956-9640 BlfinsonCqpclxorn Article 9.0 Indemnity, Insurance, and Bonds 9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Article 4.0, above, and in Section 1.0, ln.deinnii.Y, of Attachment E, lndeinnity, hisurance & Bonding. 9.2 Insurance, "I'he parties shall procure the insurance coverages set forth in Attachment E, lndemnitt,, Msurance & Bonding, in accordance with the General Conditions. 9.3 Bonds and Other Performance Security. If so required, Design -Builder shall provide a performance bond and labor and material payment bond or other performance security in accordance with Section 8.0, Bonds,, ofAttachnient E, IndeinIfilY, Insuraiwe & Bonding. Article 10.0 Other provisions to Other provisions, ifany, are as follows: C) Copyright 2013 by The Waterr)esign-BUild Council (VVDBC)WDBC Document No, W-1701-2013 Progressive Design/BuildAgreernent Page 8 5/2/22 968 ]'ROCiRl-'SSIVI[)ESI(iN/Bt,JIL,I) AGREEMENT FOR RF'Q 013 -2121-21 /TP LIFTS"FATION 317 MAJOR UPGRADE" 10.1 Mutual Waiver of Consequential Damages: Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers agents, servants, and employee shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under- a claim of any type or nature based on any theory of liability (including but not limited to: contract, tort, or warranty) even if the possibility of Such damages has been communicated. 10.2 Limitation of Liability: Notwithstanding any provision to the contrary contained in this Agreement, Design -Builder's total liability to Owner for any and all injuries, claims, losses, expenses, or damage whatsoever front any Cause or causes, including but not firnited to Design Builder's negligence, errors, ornissions, strict liability or breach of contract, or breach of warranty, shall not exceed the total arnount of $50,000 or the fee Design -Builder receives under this Agreement whichever is greater. 103 SCRUTINIZED COMPANIES 287.135 and 215.473: By submission, Design -Builder certifies that the Design -Builder is not participating in a boycott of Israel. Design -Builder further certifies that Design -Builder is not on the Scrutinized Companies that Boycott Israel list., not on the Scrutinized Companies with Activities ir) Sudan List, and not on the Scrutinized Cornpanies with Activities in the Iran Petroleum Energy Sector List, or has Design -Builder 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 Design -Builder of the City's determination concerning the false certification. Design - Builder 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, Design -Builder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination offalse certification was made in error. lf'Design-B in ]der does not demonstrate; that the City's determination offialse 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, "IS amended from time to time. 10.4 TRADE SECRET: Any language contained in the Design -Builder'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' Design -Builder submits any documents or other information to the City which the Design -Builder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records L.aws), the Design -Builder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt, The Design -Builder 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 Design -Builder's proposal constitutes a Trade Secret, The City's determination of whether an exerription applies shall be final, and the Design -Builder agrees to det'end, indemnity, 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 ill part will be rejected. I I LAC1,111". FOR (1EARLY MARKED PORTIONS '11'.], 14 AIT ARL: BQN_AF'I Q E'' FR AD [` 51-[`C R 131 'S PURSUANT TO Ft.0RIDA 1.AWf? NOT MARK YQIJR PROPOSAL AS PROPRIETARY CIR CONFIDEN"FIAL. DO NOT MARK YOUR PR0P()SAL,, OR ANY PART THEREOF AS C01.)YRIGI ITED. (D Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 9 512122 969 PROGRE"SSIVE L)ESIGN/BUILD AGRLTMENT FOR RFQ 0)1:3-2821-21 /TP LIFTSTATION 317 MAJOR UPGRADE 10.5 PIJ13LIC 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 unlessthe City announces intent to award sooner, in accordance with Florida lorida SIItLlteS H 9.07. The City iS I public agency subject to Chapter 119, Florida Statutes. T'he Design-BUilder shall comply with Ilorida's public Records Law, Specifically, the Design -Builder shall: A. Keep and maintain public records required by the Cit.), to perform the service; B. t Jpon request fron) the City's custodian ol'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 (foes not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. LInsure that public records that are exempt or that are conridential arid 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, Design -Builder shall destroy all COPiCS Of Such confidential and exempt records remaining in its possession once the Design -Builder transfers the records in its possession to the Cityand D, Upon completion of the contract, Design -Builder shall transfer to the City, at no cost to the City, all public records in Design -Builder's possession All records stored electronically by Design -Builder must be provided to the City, upon request from the City's Custodian of` public records, in a format that is compatible with the inforination technology systems of the City, 1 MIII&J f A% gfk g 1 Nei . j IF 1111, k`kfiii]111111� A a 0 0 0 A 10.7 E -VERIFY 1(1.7,11 Design -Builder certifies that it is aware of and complies with the requirements of Section 448,095, Florida Statues, as may be amended from tinie to time and briefly described herein below. 1) Definitions for this Section: @Copyright 2013by'rhe Water Design -Build Council (W[')B(,,)WDBC DOGUrnent No. W-1701-2013 Progressive Design/BuildAgreernent Page 10 512122 970 PROGRESSIVE DESIGN/BUILD AGREEM1_-_`N`F FOR RFQ 013-2821-21 /TP LIFT STATION 317 MAJOR LJPGRADE "Design -Builder" 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 rennineration. "Design -Builder" includes, but is not limited to, a vendor or Consultant. "Subcontractor" rneans a person or entity that provides labor, supplies, or services to or for a Design -Builder or another subcontractor in exchange for salary, wages, or other remuneration, "E -Verify system" means all 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 JarlUary 1, 2(.121, Design-131.1ilders, shall register with and use the E? -verify system in order to verify the work authorization status of all newly hired employees. Design -Builder 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 Design -Builder to perforin employment duties within Florida during the term of the contract; and b) All persons (incILidiiigSLib-veiidors/SLib-conSLIttaiitS/SLib-coiitr,ictors) assigned by Design -Builder to perform work pursuant to the contract with the ity of Boynton Beach. "he Design -Builder acknowledges and agrees that registration and use of the (J.S. Department of Homeland Security's F_,' -Verify System during the terra cif the contract is a condition oil' the contract with the City of Boynton Beach; and C) The Design -Builder 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 tile E -Verify System to verify the work authorization status of all newly hired employees. Design -Builder shall also re(jUire all subcontractors to provide all affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, all unauthorized alien. The Design -Builder 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 initnediately. 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 Conti -act under this Section is not a breach of contract and may not be considered as Such. If this contract is terminated Im- a violation of the statute by the Design -Builder, the Design -Builder may not. be awarded a public contract for a period of one (I) year after the date of termination. Article 11. FEDERAL REQUIREMENTS. The City has applied for grant funding through the Florida Department of Environmental Protection's Resilient Florida Grant Program for the construction phase only. If the City is awarded the grant, the construction activities will need to comply with all required grant deliverables and deadlines. Q Copyright 2013 by The Water Design -Build Council (WDBC)WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 11512122 971 PROGRESSIVE DE SIGN/13L]LD AGREEMENT FOR RFQ 013-2821-21 /T'' LIFTS"I"ATION 317 MAJOR UPGRADE Notwithstanding anything to the contrary set forth herein, vendor shall coiliply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to DESIGN/BUILD FIRM in this section shall also apply to any Subcontractor under the terms of this Agreement. 11.1 Factual Employment Opportunity, During the performance of" this contract, DESIGN- BUJI-DER. agrees as follows: 11.1.1 DESIGN -BUILDER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. DESIGN -BUILDER will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms ofcornpensation; and selection ibrtraining, including apprenticeship. I)ESI(jN-BtJIL,E)EIZagrees tol)ost inconspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 11.1.2 DESIGN -BUILDER will, in all solicitations or advertisements for employees placed by or oil behalf of DESIGN -BUILDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 11 J.3 DESIGN -BUILDER will not discharge or in any other manner discrinlinate against any, employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the cornpeusation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which all employee who has access to the compensation information of other employees or applicants as a part Of Such employee's essential Job functions discloses the compensation of'such other employees or applicants to individuals who do not otherwise have access to such illf'ormati011, Unless such disclosure is in response to a formal complaint or charge, in furtherance of ail investigation, proceeding, hearing, or action, including ,in investigation conducted by file employer, or is consistent with DES IGN-13 Ul LF)ER's legal duty to furnish information. 1 L I A DESIGN -BUILDER will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of" DESIGN-BUILDER's commitments tinder section 202 of'Executive Order 11.246 Of Septernber 24, 1965, and shall post copies of" the notice ill Conspicuous places available to employees and applicants for employment. 11.1.5 DESIGN- B Ul L,DER will comply with all provisions of' Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of" Labor. 1 LL6 DESIGN-BUILDI,3R will furnish all information and reports required by Executive Order 1.246 of" September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of' Labor for purposes of' investigation to ascertain compliance with Such rules, regulations, and orders. Oc Copyright 2013 by The Water Design -Build Council (WDBC) VVDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 12 512122 972 PRO(j RES SIVI'--' D1-`,SlGN/13 1-11 LD AGREEMI-`,NT FOR RF Q 0I3-282I-2I/,P Iff"T'STATION 317 MAJOR I.JPGRADE 11.1.7 In the event of rion-compliance with the nondiscrimination clauses of` this contract or with any of'such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and DESIGN -BUILDER may be declared ineligible for further Government contracts in accordance with procedures authorized ill Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 ot'September 24, 1965, or by rule, regulation, or order ofthe Secretary oftabor, or as otherwise provided by law. 11.1.8 Df`SIGN-BUll,,DER will include the provisions of' paragraphs through ( 11. 1.8) in every subcontract or purchase order Unless exempted by rules, regulations, or orders of the Secretary off.abor issued pursuant to section 204 of Executive Order 11246 of'September 24, 1965, so that such provisions will he binding upon each Subcontractor or vendor, DESIGN- BIJILDER will take Such action with respect to any subcontract or purchase order as may be directed by the SecretaryofLabor ais a means ofenforcing such provisions inducting sanctions for noncompliance: Provi(lecl, however, that in the event DESIGN-BIJILDER becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, DESIGN-BIJILDER may request the United States to enter into such litigation to protect the interests ofthe United States, I The CITY further agrees that it will be bound by the above equal opporlUllity clause with respect to its own ernployrnent practices when it participates in federally assisted construction work: Provided, that it' the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to amy agency, instrumentality or Subdivision of such government which (toes not participate in work oil or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Design -Builders and subcontractors will) the equal opportunity clause and the rules, regulations, and relevant, orders of the Secretary oft,abor, that it will furnish the administering agency and the Secretary of Labor Such information as they may require for the SLIpel-ViSi011 Of Such compliance, and that it will otherwise assistthe administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY farther agrees that it will refrain from entering into any contract or contract modification subject to F'xecutive Order 11246 of September 24, 1965, with at contractor debarred from, or who has not denionstrated eligibility for, Government contracts and federally assisted construction contracts purSUallt to the l-.,.xecutive Order and will carry Out Such sanctions and penalties flor violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of' Labor Pursuant to part 11, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan. insura)nce, guarantee); retrain frorn extending any further assistance to the CITY under the prograrn with respect to which the filih,H-C or refund occurred until satisfactory assurance offuture compliance has been received from Such CITY, and refier the case to the Department of'Justice for appropriate legal proceedings. 112 Davis -1 aeon DESIGN -BUILDER shall comply with the Davis-l3aconAct: (40 U.S.C.276a to 276a-7) ars supplemented by Department of labor Regulations (29 CFR Part 5). In accordance with the statute, DESIGN -BUILDER 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 1,abor, In addition, DESIGN -131 ALDER must be required to pay wages not less than once a week. @Copyright 2013 by TheWater Design-BUild COUncil (WDBC)WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 13 512122 973 PROGRESSIVE DE'SIGN/BUILD AGREEMENT FOR R,FQ 0 13-2821-21 /TP LIFT'STATI(I)IN 317 MAJOR tJPGRADF 11.3 Copeland "Anti- Kickback" Act. DESIGN -BUILDER shall comply with the Copeland "Ariti- Kickback" Act, (40 ( J.S.0 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Design-BUilders and Subcontractors on Public BLlil(:Iitlg or Public Work Financed in Whole or in part by Loans or (inmts thorn the United States"). I.A."SIGN-BUILDE"R MUSt be prohibited from inducing, by any means, :my person employed in the construction, completion, or repair of public work, to give Lip any part of the compensation to which fie or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency, I 11.4 Contract Work flours and Safety Standards Act ('40 LCJ.S.. 3701- 3708). Where applicable, pursuant to 40 1 J.S.C- 3702 and 3704, as SUpplerriented by Department of'Labor regulations (29 CF'R Part 5) DESIGN-1311-JILDER must be required to compute the wages ofevery mechanic and laborer oil the basis ol'a standard work week of 40 hours. Work in excess ofthe standard work week is permissible provided that the worker is compensated at a rate of trot less than one and a hall` tunes the basic rate of pay for all h0L1rS worked in excess of'40 hours in the work week. The requirements of'40 U.S.( 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or tinder working conditions which are unsanittiry, liazardOUS, or dangerous. 11.4.1 Overtime requirements. No Desi gn - 13 u i I der or subcontractor contract i ng for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any stich laborer or mechanic in any workweek in which fie or she is employed on Such work to work in excess of forty hours in such workweek UnICSS Sue[') laborer or mechanic receives compensation at a rate not less than one and one-half tirnes the basic rate of pay for all hours worked in excess of forty hours in such workweek. 11.4.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the ClaUSC set forth in paragraph (1 1.4. 1) ofthis section, the DE SIGN -BUILDER and any subcontractor responsible therefore shall be liable fear the unpaid wages, In addition, such contractor and subcontractor shall be liable to the United States (in the case ot'work done tinder contract for the District of Columbia or as territory, to such District or to such territory), for liquidated damages, Such liquidated damages shall be C0111PUted with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the CIaUSC Set forth in paragraph (11 A.1) of this section, in the sum of$10 for each calendar day on which such individual was required or penititted to work in excess of the standard workweek of forty h(AlrS With(Alt payment offlie overtime wages required by the ClaUSC set forth in paragraph (11 A, 1) of this section. 11.4.:3 Withholding for unpaid wages and liquidated darnages. CITY shall Lipon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of` work performed by DESIGN - BUILDER or subcontractor Under an), such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work VIOUrs and Safety Standards Act, which is held by the same prime contractor, such sums as maybe determined to be necessary to satisfy any liabilities ofstich Design -Builder Or subcontractor f01- unpaid wages and liquidated damages as provided in the clause set forth in paragraph (11 .4.2) of this section. H .4.4 Subcontracts. DEISIGN-BUll D1. ' R 01- Subcontractor shall insert in any sit bco n tracts the clauses set forth in paragraph (11.4. 1) through (I L4.4) ofthis section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the ClaUSCS set tomb in paragraphs (11.4.1 ) through (11.4.4) of this section. @Copyright 2013 by The Water De sign,BUild Council (WDBC)WDBC Docurnent No. W--17011-2013 Progressive Design/Build Agreement Page 14 5/2/22 974 PROGRESSIVF', IN"SIGN/BUILD AGRET.MENT FOR RFO 013-2821-211? HI-TSTATION 317 MAJOR UPGRADE' 11.5 DEISIGN-BUILIA"IR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 US.C. 7401- 767 1 q) and the Federal Water Pollution Control Act, as amended (3.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the l-'rivironmental Protection Agency (EPA). 11.5.1 Clean Air Act. DESIGN-BUILDI.,"R agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C- § 7401 et seq. DESIGN -BUILDER agrees to report each violation to CITY and Understands and agrees that. the CITY will, in turn, report each violation as required to assure notification to the State, I"'ederal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. DESIGN-BUILDI"'R agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with I"ederal assistance, 11 .5.2 Federal Water Pollution Control Act. M."SIGN-BUILDER agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water P0IILlfi01'T Control Act, as amended, 33 LJ.S.C. 1251 et seq. DESIGN -BUILDER agree,,, to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental protection Agency Regional Office. IN'SIGN-BUILDER agrees to include these requirements in each Subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with I"'ederal assistance. 11.6 Suspension and Debarment. This Agreement is a covered transaction for Purposes of 2 C.I" , R pt. 180 and 2 CYR pt. 3000, as such DESIGN -BUILDER is required to verify that none of the Design - Builder's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.FR § 180.905) disqualified (defined at 2 CY�R. § IW935). are excluded (defined it 2 C -FK § 180.940) or 11 .6. 1 DESIGN -BUILDER must comply with 2 CYR pl. 180, subpart Cand 2 CY'R pt. 3000, subpart C and Most include a requirement to comply with these regulations in any lower tier covered transaction it enters into.This certification is a material representation of fila relied ulv� it by CITY. If it is later deterinined that DESIGN -BUILDER did not comply with 2 C.F.R. pt. 180, subpart C and 2 CTR. pi. 3000, subpart C, in addition to remedies available to State and CITY, the F'ederal Government may pUrSUe available remedies, including but not limited to suspension and/or debarment. 11 .6.2 The bidder or proposer agrees to comply with the requirements oft C.1".R. pl. 180, subpart C and 2 CT.R. pt. 3000, subpart C while this offer is valid and through(out the period of arty contract that may arise from this oler. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.7 Byrd Anti -Lobbying Amendment, as amended (31 U.S.C. § 1352). DIHSIGN-BUILDER shall file the required certification pursuant to 31 U.S.C. 1352. Fach tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member ofCongress in connection with obtaining any Federal contract, grant, or any rather award covered by 31 tLS.G § 1352. I"I'ach tier shall also disclose an), lobbying with non-l-ederal funds that takes place in connection \vith obtaining any federal award, Such disclosures are iorwarded from tier to tier tip to the recipient, 11.8 Compliance with State Energy Policy and Conservation Act, DFISIGN-BUILDER shall comply with all mandatory standards and policies relating; to energy efficiency contained in the State energy @ Copyright 2013 by The Water Design -Build Council (WDBC) WDBC DOCUrnent No. W-1701-2013 Progressive Design/Build Agreement Page 15 512122 975 PROGRESSIVE' BiL,"SIGN/BUILD AGREL"I'MENT FOR, RF Q 013-2821-21fTP LIFT STATION 317 MAJOR UPGRADE conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 94-163, 89 Stat. 871). 11.9 Procurement of Recovered Materials. The CITY and DESIGN-BUILIX'R must COMply With Section 6002 ofthe 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 (EIIIA) at 40 C1`1Z part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recover in : fl- -ecovered y; and establishing, l iniiativeproctirei,iiejitprogi�atni'(,)rproct,treiiieiitof't materials identified in the EPA guidelines. 11.1(') RQ01-ting. Pursuant to 44 CFR 13.36(i)(7), ONSULA'ANTshall comply with federal reqUiretnents and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the fFMA Administrator, 1.3,S, DOTA(fininisinator, the Comptroller General ofthe United States, or any of their authorized representative access to any books, documents, papers, and records off.)ESIGN-BUILDER which acre directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 11.11 Rights to Inventions. DESIGN -I31..1 LD1IR agrees that it' this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise Use the copyright of said materials or inventions for Federal Government purposes, 11. 12 No Obligation by the Federal overnment. The federal government is not a party to this contract and is not SLII�?jed to any obligations or liabilities to the non-federal entity, Design -Builder, or any other party pertaining to any matter resulting front the contract, 11.13 Department of Homeland Security (DIIS) Seal, Logo, and Flags. DI , 'SIGN -BUILDER, shall not use DI IS(s), logos, crests, or reproductions of flags or likenesses of'DIJS agency officials without specific federal pre -approval, 11.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgment that fccleral financial assistance will be used to fund the Agreement only. DE'SIGN-131 JILDFR will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 11.15 Fraudulent Statements. DESIGN-BLAL.IJER acknowledges that 31 U.S.C. Chap. 38 applies to DESIGN-BUILDFR's actions pertaining to this Agreement, 11.16 Prohibition on Contracting for Covered "Telecommunications Equipment or Services. As used in this clause, the terms backhaul; Covered foreigu country; covered telecommunications equipment or services: interconnection arrangements; roarning; substantial or essential component; and telecommunications equipment or services have the meaning as defined in 11"MA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds Ior Covered Felecornin un ications F"(juipment or Services (Interim), as Used in this clause. 11.16.1 Prohibitions Q Copyright 2013 by The Water Design -Build Council (WDBC)WDBC DOCLIment No. W-1701-2013 Progressive Design/BuildAgreernent Page 16 5P2122 976 PROCiRFI'SSIVE DE"SIGN/BUILA) AGREEMENT FOR R FQ 013-2821-21/" "P LIT'I'sFATION 317 MAJOR LJPGRADL" 11.16.1.1 Section 889(b) of the John S. McC,ain Nati onal Defense A tit It orizati oil Act for Fiscal Year 2019, Pull. L No. 115-232, and 2 C. FK § 200.216 prohibit the head of aa executive agency oil or after Atig.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons, 11.16.1.2 thiless air exception in paragraph 11.16.2 of this claUSeapplies, the DLSIGN- BUILDF.R and its subcontractors may not use grant, cooperaliveagreement, loan, or loan guarantee funds from the l"ederal Emergency Management Agency to: 11. 16.1.2.1 Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of arty system, or as critical technology of any system; 11. 16.1 .2.2 Enter into, extend, or renew a contract to procure or obtain airy equipment, system, or service that uses covered telecommunications equipment or services as a Substantial or essential component of any system, or as critical technology of any system; 11.16.1 2.3 Enter into, extend, or renew contracts with entities that use covered telecorrullUnications equipment or services as a substantial or essential component ofany system, or as critical technology as part ofany systern; or 11,16.1.2.4 Provide, acs part ol'its perfiorrilance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that Uses covered telecommunications equipment or services as a Substantial or essential component of any system, oras critical technology as part ofany system. I I . 16.2 Exceptions. 11. 16.2.1 This clause does riot prohibit Dt"'SIGN-130.111,1I'R front providing: (i) A service that connects to the facilities of a third -party, such as backhaul, roaming;, or interconnection arrangements; or (ii) Telecommunications eqUiptuent that cannot route or redirect user data traffic or permit visibility into any user data or packets that Such eqUipluent transmits or otherwise handles. 11.16.2.2 By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are riot used as a substantial or essential component cart" Many system; and ii. Are riot used as critical technology of any system. (ii) Other telecorriln Uni cat ions equipment or services that are riot considered covered telecommunications equipment or services. IL] 6.3 Reporting Requirement. 11.16.x1.1 In the event DI"SIGN-BUILDER identifies covered tel econlill un icat i oils equipment or set -vices used ars a substantial or essential component of any system, or as critical technology as pail of any system, during contract performance, or tire contractor isnotified ofstrell by a subcontractor at any tier or by any other source, the contractor shall report the infiort-nation in paragraph 11.16.3.2 ofthis clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the infonriation. Q Copyright 2013 by The Water Design -Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 17 5/2/22 977 PROGRESSIVE DESIGN/BUILD AGRETNIt"NT F'OR IAF O 013-2821-21/"CI' Llf"I"S]"ATION 317 MAJOR UPGRADE 1 L163.2 The DESIGN-BUIL,DER shall report the following information pUrSuant to paragraph 11. 16.11 Of'this Clause: (i) Within one business day from the date of such identification or notification: 'The contract number; the order number(s), if' applicable; supplier name; supplier unique entity identifier (if known); supplier (.7orritnercil] and Government Entity (CAGE) code (if known); brand; model number (original equipment mant.1fiacturer number, manufacturer part number, of- wholesaler number); item description; and any readily available information about. mitigation actions undertaken or recommended. (ii) Within ten ('10) business days of' submitting the information in paragraph 24.16.3.1 of" this clause: Any further available information a11)()Llt mitigation actions undertaken or recommended. In addition, the, design -builder shall describe the eftrts it undertook to prevent use or submission of covered telecommunications equipment of- services, and any additional effbils that will be incorponited to prevent firture use or submission ofcovered telecoulul Lill ications equipment or services, The DESIGN- BUILDE.R shall insert the substance ot'llus clause, including this ill 111 Subcontracts and other contractual instruments, 11. 17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the DESIGN -BUILDER should, to the greatestextent practicable, provide a preference for the purchase, acquisition, Or use of goods, products, of, materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For Purposes of this clause: Produced in the LInited States means, for iron and steel products, that all manufacturing processes, ftorn the initial melting stage through the application of coatings, occurred in the United States. Manufactured products inean items and construction materials cornposed in whole or in part of non-J�,rrol]S illetals such as alUnlinUffl; plastics and polymer -based products Such as polyvinyl chloride pipe-, aggregates SUCII as concrete; glass, including optical fiber, and lumber. 11.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, DESIGN -Bt 1ILDFR is required to take all necessary steps identified in 2 C.F.R. § 200.32 1 (b)(l)-(5) to ensure, that small and minority businesses, women's business enterprises, and labor surplus area firnis are used when possible. 11.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the DESIGN -131 MA)ER grants to ("ITY, a paid-up, royally -free, u0neXCIUSive, irrevocable, worldwide license in data first produced ill the pertbrniance ofthis contras( to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and peribrin publicly and display publicly Such data. For data required by the contract but not first produced in the perf'orniance of this contract, DF"SIGN- BIJIL,DLIR will identify such data and grant to the CITY or acquires oil its behalf a license of the sarne scope ws for data first produced in the performance ofthis contract. Data, as Lised herein, shall include any work subject to copyright under 17 US.0 § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures of- images, graphics, sculptures, videos, motion pictures or otheraudiovisual work.s, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, DESIGN-BUILDEIR will deliver to the DFSIGN-BUILDER data first produced in the performance ofthis contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by DFSICiN-f3tJIlDFR, SIGNATTRE PAGE FOLLOWS @Upyright 2013by'l fie WaterDesign. Build Council (WDBC)WDBC Document No. W-1701.-2013 Progressive Design/BuildAgreertlent Page 18 512122 978 PR 01"WRI, L"("s FV E F)HICN/131-TILD AGRF"EME111,11" F'OR, R,FQ 0 13 -2821,2 1 [11" LIF"I'ST/O f P i 31 °7 MAJOR U11GRADE In exec uGing this Agreemera, Owner and Wilde i each inflividualiy repiresenl,,; 1hal 4 has �hc� ri[ecessaiy financW rcsources to FUMI its Obhgafions under this Agreentent, and each Itas Ore, coiporalc approvals to execute lliss Agreeirient and pet f61-ri:3 the services desciibed herein, "T'his Agreemen( wilt takeeffecl once sig,Ped by 1-mAipai6es, This Agreeinent niay Iw signed by the pmrtpes in cujiterparts which toged-ier shafl consfitute uw and the saine agreentent arnorig the parties. A f`sC,SiATd1e,' signature, shall constflute an origfiral signature For all purposes." IN WITNESS WHEREOF, the parties haveherE,'�UMO SCII fl-Wrl hands avid seals on theday and year s(,,t forth below thch respecfive signatUres. IN WITNESS WHEREOF', the patties heieto have exe(Alled this (.,"orOract if) InLdtiplC Wpie&, U,Ch of which shall be considered an original on the f'oflmxing dates'.' DAI ED this,,,: - jay of Q . . .. ... ..... . — 20-.2, CITYOF BOY1`4TON 13EA(.."H j/z, "I'll", .. .... ... .. . ... .. .... !, . . ........ K -ne (PE%�, Construction, Inc.,.) .4jjif'Stables, feat Arra City Manager (Authorized Offidal Nw Attest/Authenficated-. A) rta erc3 rs to Fonn., ry James A, Cherof Office ofthe OtY [torney Nchavd Hem dtt. m. I i—i t- , N"- "a _db Ss,Dnelt am Attest,/Authenticate& C C'it Gibson Clerk (C) C opyi ig ht 2013 by I he Water De sig n B u i Id Cout icil (WBC) WDB(.,' . Do c w n ent N o, WW -1 01-2013 P rog r essive Des ig n/Bui Id Ag re ement Page 19 512122 979 (Corporate Sea!) 4" Witness Print Name Attest,/Authenticate& C C'it Gibson Clerk (C) C opyi ig ht 2013 by I he Water De sig n B u i Id Cout icil (WBC) WDB(.,' . Do c w n ent N o, WW -1 01-2013 P rog r essive Des ig n/Bui Id Ag re ement Page 19 512122 979 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P 0. #: 221466 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 06/02/22 TO: PCL CONSTRUCTION, INC 1 N DALE MARRY HWY, STE 3 TAMPA, FL 33609 REQUISITION NO. 81554 ORDERING DEPARTMENT: DATE NEEDED: xCONTRACT NO. SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOL13RIGHT ROAD BOYNTON BEACH, FL 33435 UTIL/ADMIN HLK COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION 490740.00 DL TASK 1-MEETING/PROJECT MANAGEMENT Scope of work Task 1-Meeting/Project Management , -- 4 4- GMP Design Documentation Task 5- Field Investigation Task 6- Owner Controlled Allowance Lftk�.�I* REMARKS - PROGRESSIVE DESIGN BUILD PHASE I SZRVICES Progressive Design Build Phase 1 services Lift Station 317 Major Upgrade Project base off RFQ ff 013-2821-21/TP Resolution No. R22-071 for Lift Station 317 major upgrade project with PCL Construction, Inc. in the amount of $490,740,00 RESOLUTION # R22-071 EXTENDED COST PROCUREMENT SERVICES' P.O. TOTAL: 490740.00 June ,2,2022... FLORIDA STE§ALES TAX EX , F-MffbN IMPORTANT � INSTRUCTIONS 1 RENDER SEPARATE I INVOICE FOR T , HIS CERTIFICATE NO. 86-8012621644C-0 ORDER OR FOR EACH SHIPMENT THEREON OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL IMMEDIATELY FOLLOWING SHIPMENT. PACKAGES, TICKETS, INVOICES, STATEMENTS, AND THE CITY Or BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT SUPPORTED BY CARRIER'S RECEIPT. BE FURNISHED UPON REQUEST P.O. BOX 310 31NVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33425-0310 TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL a -R PCL SCOPE OF SERVICES Progressive Design Build Phase 1 Services Boynton Beach Lift Station 317 Contract No. 013282121 BACKGROUND The City of Boynton Beach Utilities (City) owns and operates Master Lift Station No. 317 (LS317) as part of its collection system. LS 317 is integral to the City's collection system and operates as part of a series of pump stations on Congress Avenue. The station receives gravity flow from the local service area as well as pumped feed from Master Lift Station 319. Effluent is then pumped into the City's collection system, ultimately treated at the South Central Regional Wastewater Treatment Plant. Improvements to LS 317 are needed at this time due to the following challenges: • Excessive rags and frequent pump clogging that is affecting station performance and efficiency. • Inadequate station capacity to meet current maximum day flows and future redevelopment. • Inadequate odor control that has resulted in complaints from adjacent businesses. • Reliability challenges to keep LS317 in operation at all times. • Infrastructure components that are beyond their useful life. The scope of work forthis project includes progressive design -build services to design, permit, construct, test, and start-up the improved LS 317. The Design -builder for this project will be PCL Construction, Inc. (PCL) and the Design Consultant will be Carollo Engineers, Inc. (Carollo), collectively the Design -Build team. The project will be delivered in two (2) phases: • Phase 1— Evaluation of the facility (including recommendations/alternatives to the challenges listed above), permitting, and preliminary design for the development of a Guaranteed Maximum Price (GMP). • Phase 2— Final design, construction, testing, and start-up. The scope of services, presented herein, is for Phase 1 work items and includes engineering services for data gathering, special investigations, preliminary engineering, GMP design documentation, price modeling, and CPM scheduling. A detailed description of the Phase 1 goals and each worktask is provided below. PHASE 1 GOALS The goals of Phase 1 are to: 1. Develop alternatives for the pump station including: means to address collection system rags and reduce pump clogging, capacity, odor control, with the ultimate endpoint of increasing reliability. 2. Evaluate alternatives for the City's direct purchase to reduce price through tax savings as well as reduce lead time for material delivery. 981 3. Develop a Guaranteed Maximum (GMP) price and delivery schedule based on the City's selected alternatives. The GMP will include documentation such as assumptions, material definition, and drawings or sketches to depict the work. SCOPE TASKS TASK 1- MEETINGS/PROJECT MANAGEMENT Project Management - Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants for 8 -month duration of Phase 1 Services. Progress Meetings - Progress meetings will be held monthly during preliminary and final design to discuss the progression and direction of the project, milestones that have been achieved, current work efforts, budget, schedule, and any issues that may arise during 8 -month duration of Phase 1 Services. Progress meetings during construction are covered under Task 6. Monthly Progress Reports - 8 Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status, and work to be completed bythe next progress report. Project Management Plan —The Design -Build team will develop a project management plan including the detailed use of scheduling and document control software. Per previous discussions with the City, the document control software to be used will be Autodesk BIM 360Tm Docs. However, the City is currently evaluating Smartsheets and may decide to use this software. Communications - Project management will include general communication among PCL, Carollo, and City staff members for overall facilitation, and to manage delivery of the project on time and within budget. TASK 2 - DATA GATHERING The purpose of this task is to collect and review the available data to complete the project. Data collection will include a variety of sources based on the best available data, requiring data from the Design -Build team and the City. Note that some of the data may have already been provided to Design -Build team by the City. The required data is anticipated to include, but not be limited to: • Record drawings • Relevant pump station data, including operational data • Hydraulic model, GIS, and SCADA data • Any other new data which becomes available, including development data. All collected data will be reviewed and compiled for use in the tasks which follow. To further complement the data collection effort, we anticipate a field visit after initial review of the data. Along with City staff, this visit is anticipated to confirm received data and assist in the development of an asset management list that will be used for submittals in Phase 2 of the project. In addition, this visit may include the installation of pressure recorders (provided by Design-, installed bythe City) for purposes of collecting pressure data. Flow monitoring devices may be utilized if provided and installed bythe City. This new data will be used bythe Design -Build team to calibrate the existing model in a subsequent task. In addition, the field visit will include the installation of an odalog to determine peak loading of H2S within the wet well and a structural condition assessment of the building, enclosures, wet well integrity and coating, drywell, doors, windows, visible pipe supports, and other structural components. TASK 3 - PRELIMINARY ENGINEERING Based on the results of the data collection and special investigations, the team will move forward with planning and consideration of design alternatives. Asset Management— It is our understanding that the City is using an asset management system and would like the components of the LS317, including spare parts, to be integrated. A proposed tagging and bar code system will be identified. This system is to be used during Phase 2, beginning with the submittal process. Repair/Rehabilitation Alternatives Evaluation 1. The Design -Build team will conduct a conceptual level assessment of three repair/rehabilitation options for LS 317. The anticipated options, which were briefly discussed as part of the Statement of Qualifications include: a. Rehabilitating the existing station and maintaining the existing wet pit/dry pump configuration. b. Designing and constructing a new station to replace the existing. c. A hybrid set up that separates incoming flows and provides separate stations for flows from force mains and gravity flows. For each of the options, the Design -Build team will provide approaches to address the following major challenges: a. Excessive rags and frequent pump clogging. b. Inadequate station capacity to meet current and future flows. c. Odors. d. Bypass pumping. 3. For each of the options, the Design -Build Team will provide the following: a. Conceptual level cost estimate b. Risk Matrix— identifying major risks and costs c. Owner Direct Purchase (ODP) considerations for long -lead items. d. Conceptual CPM Schedule 4. Design -Build team will provide a recommended option for the City's consideration. It is anticipated that a workshop will be held with the City to present and discuss the alternatives. The City will review and select a final alternative for the design team to move forward with as a Phase 1 GMP development. Deliverables: • Alternative workshop agenda, presentation, and minutes. TASK 4 — GMP DESIGN DOCUMENTATION Based on the selected rehabilitation alternative selected by the City, the Design -Build team will move forward with the development of design documents to a level sufficient for a guaranteed maximum price (GMP). This is anticipated to include two levels. The initial level will focus on an early work package to identify details for long lead time items. The second level will develop plans for GMP development. 983 GMP early work package- Develop an initial draft set of submittals which identifies key items. This package will aim to identify key components which are anticipated to have long lead times and be a critical path to the overall project. This may include key components such as pumps, valves, backup pumps, specialty piping and other specialty components. These will be identified in the submittals (with supporting documentation) to a level of detail which will allow for initial quotations and lead time estimates from vendors. GMP plans w/ limited specifications- Our project has assumed that the alternative chosen will be the rehabilitation of the lift station. If another alternative is selected, additional scope/hours for this task may be needed. Plans for the rehabilitation of the lift station will be developed to identifying details as needed to develop the GMP, and not a specific design level (e.g., 30%, 60%, 90%). Therefore, the level of detail will vary based on discipline. The following disciplines are anticipated to be included: Civil—Identify the major sitework anticipated including piping, general site layout changes, accessibility/roads, security, fencing, noise, etc. Mechanical/HVAC—Identify the planned internal piping components, pumps, valves, and ventilation systems. Identify equipment to address odor control and HVAC needs. Provide specifications for key components and standards to apply. Electrical / I&C— Identify major components and required power, generators, backup pumps, and anticipated SCADA design. Provide specifications for key components and standards to apply. Structural /Architectural— Identify the key proposed changes to the existing building, such as demolition/replacement or rehabilitation. It is anticipated the architectural design will be limited to specific components of the building that are in need of replacement (e.g., roof, door, window, etc.) and to change the overall building elevation to be more suitable to the neighborhood and meet zoning and building code requirements. Plans will be submitted to the City in pdf format, full size (24 inch x 36 inch) plans, and on a 1 inch = 20 foot scale or better. Plans will include: • Cover sheet, index, location map, legend, and general notes. • Site layouts. • Profile views of pump station equipment and major piping. Section views as required for GMP development. • General details (if required for GMP development). GMP Technical Report Development, Documentation, and Assumptions —As part of the GMP development, a technical report will be developed to document the project design in support of the plans and specifications. This will include: • Project background. • Hydraulic Analysis/ModelingTechnical Data. • Repair/Rehabilitation Approach Technical Data. • Geotechnical report (if applicable). • Survey. • Site development issues. • Project constraints. 984 • Design Criteria (pumps, pipes, wet well sizing, electrical, odor control, screening, other equipment). • Proposed equipment list. • Updated Project Schedule, illustrating critical path. • Copies of all meeting minutes and relevant correspondences. • A list of value engineering and constructability alternatives. • Alternative pricing forvalue engineering ideas. • Permitting requirements, including a list of authorities having jurisdiction. Final GMP Proposal Package — Design -build team will prepare and submit Construction GMP Proposal based on the GMP Plans w/ Limited Specifications for review by the City, which will include the execution of the work, furnishing of all equipment not included in the Early Work Package, and completion of the design. Design -Build team will review GMP proposal with the City. Permitting Pre -Application Meetings The Design -Build team will coordinate and attend preapplication meetings with the City and the permit agencies listed belowto discuss the project, project phasing and schedule, and to confirm our understanding of the application regulations and submittal process. Meetings will be in person, virtual, or both as suited to meet the needs of the agency and attendees. The preapplication meeting agenda and minutes will be developed. • Florida Department of Environmental Protection (FDEP) o FDEP Form 62-604.300(8)(a). Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System • South Florida Water Management District (SFWMD) o Environmental Resource Permit (ERP) • City of Boynton Beach Building Department o Building Permit • Florida Department of Transportation (if construction extends to the right-of-way) o Right -of -Way Permit Application Technical Workshops The Design -Build team will conduct Technical Workshops with the CITY to review deliverables included in this task and discuss "next steps". It is anticipated that workshops will be conducted to gather CITY input on major key items. These may be combined for efficiency, but the main topics are expected to include: Value Engineering and Constructability Workshop, GMP Early Work Package Workshop, and GMP Plans Workshop. For each of the workshops, an agenda and minutes will be prepared. Deliverables: 1. GMP Early Work Package 2. GMP Plans w/Limited Technical Specifications 3. Construction GMP Proposal 4. GMP Technical Reports 5. Pre -Application Meeting Minutes 6. Technical Workshop Agenda and Minutes 7. VANE Log 985 TASK 5 — FIELD INVESTIGATIONS The purpose of this task is to conduct field investigations that are to include survey, LiDAR 3D scanning, and subsurface utility engineering (SUE). The area of focus will primarily include the lift station site and the existing structure. Survey - A topographic survey will be conducted forthe LS317 parcel. The survey limits will include the parcel limits and related piping to and from the site within the immediate easements. The topographic survey will include: • Aboveground, visible improvements and utilities. • Utility surface markings. Ground penetrating radar (GPR) may be utilized where numerous other existing utilities exist within the anticipated survey area and other location information cannot confirm the necessary details. • Pipe inverts, sizes, and material information for the gravity sewer and stormwater collection system. • Trees with 18 -inch diameter at breast height (DBH) or greater. LiDAR 3D Scanning - 3D scan of the pump building interior. SUE - Subsurface Utility Engineering will occurto confirm the depth of potential conflicts with existing utilities. SUE is anticipated to be limited to ten (10) test holes in total (5 soft and 5 hard surface anticipated). TASK 6 — OWNER CONTROLLED ALLOWANCES The purpose of this task is to conduct special investigations that are to include geotechnical services, SCADA Technology Evaluation, Electrical and Instrumentation standards development, hydraulic analysis, and landscape architecture. The area of focus will primarily include the lift station site and the existing structure, along with influent gravity sewer and discharge force main pipe data. This task is to be invoiced on a time and materials (T&M) basis since the extent of special investigation requirements are not known at this time. Note that the need for LiDAR 3D scanning, SUE, and geotechnical services are optional services to be authorized by the City and will be dependent on the repair/rehabilitation alternative selected in Task 3. Geotechnical Services (optional — dependent on selected repair/rehabilitation alternative) - A geotechnical investigation will be conducted and consist of up to three 40 -foot deep SPT borings. A brief report will be prepared to present the results of the exploration. Boring locations will be shown in the report and survey. One signed and sealed copy of the report and a PDF copy will be provided to the City. SCADA Technology Evaluation (optional)— It is our understanding that the City is considering switching from Siemens to Allen Bradley. The Design -Build team will use the City's SCADA standards and components •:. to be consistent with the remainder of the collection system, currently being planned by others. A workshop will be held with the City to discuss the following: • PLC & Radio Selection • Graphics Selection Instrumentation & Control (I&C) Standards Development (optional) - After the SCADA Technology Evaluation Workshop is held with the City, standards and specifications will be developed to aid in the control panel and radio system GMP pricing. Hydraulic Analysis—An initial hydraulic analysis was previously conducted by Carollo. Prior to design, the Design -Build team will assist the City in reviewing and providing minor updates to the hydraulic model. Updates are to include calibrating the model based on the data obtained from pressure recorders and flow monitoring devices, if installed, during Task 2. The results of this model will be used to confirm the final sizing of the pipeline along the project route. A Hydraulic Analysis/Modeling workshop will be conducted by the Design -Build team to present the findings of the analysis/modeling. However, a more detailed analysis is anticipated to confirm the current and future flows to the lift station. This may include in a limited flow project analysis based upon known areas of redevelopment. With the updated flow projections, the hydraulic conditions of the pump station will be analyzed to properly design the station modifications to address for the proper range of flows and downstream hydraulic head conditions in the forcemain for present and future conditions. The analysis will also consider the impact on pump stations which manifold into a common forcemain downstream of LS317. While a detailed analysis of each station will not be conducted, this analysis will identify potential future impacts on other lift stations. Note that limited hours are included for hydraulic analysis as noted in the fee breakdown sheet. Landscape Architecture— Identify a general expectation for site landscaping / appearance. Per discussions with the City, the lift station will need to be aesthetically pleasing (e.g., decorative fences, natural landscaping, etc.). The landscape plans are to include a preliminary planting design and installation to match neighborhood landscaping. Lastly, temporary fencing and privacy screening will need to be installed during construction within the site. 987 Isle] LTi l»0[If_NlUs] I Design -Build Team Billable Rates: Description Rate Design -Builder Rates Principal -in -Charge $235.00 Preconstruction Manager $225.00 Construction Manager $185.00 Project Engineer $135.00 Project Administration $75.00 Chief Estimator $185.00 Estimator $150.00 BIM Modeler $125.00 HSE Supervisor $120.00 Superintendent $175.00 Foreman $95.00 Design Consultant Rates Principal $279.00 Design Manager/Project Manager $279.00 Project Engineer/Senior Engineer $257.00 Senior Mechanical Engineer $279.00 Project Support/Engineer $162.00 Hydraulic Modeling $202.00 Senior Electrical Engineer $257.00 Electrical Engineer $202.00 Project Engineer (Process) $202.00 HVAC/ Senior Mechanical Engineer $257.00 HVAC Engineer $202.00 Senior Structural Engineer $257.00 Structural Engineer $202.00 CADD/Designer $160.00 Project Administration $105.00 The total compensation will be lump sum by task below: Task Description Budget Billing Method 1 Meetings/Project Management $49,560.00 Lump Sum 2 Data Gathering $36,940.00 Lump Sum 3 Preliminary Engineering $79,059.00 Lump Sum 4 GMP Design Documentation $216,429.00 Lump Sum 5 Field Investigation $31,662.00 Lump Sum Subtotal $428,650 6 Owner Controlled Allowance $62,090.00 Time and Materials (Not to Exceed) Total 1 $490,740.00 Services performed will be reimbursed as follows: • Charges will be invoiced on a monthly basis as a percent complete. PROJECT SCHEDULE The City and the Design -Build team upon agreement of the goals, objectives, and scope will develop milestones for each assignment if necessary. The overall schedule for this work order is estimated for 8 months after notice to proceed. PROJECT ASSUMPTIONS This scope has been developed to address the anticipated project requirements. Because of the nature of this project, certain assumptions apply to this Scope of Services. To the extent possible, these assumptions are stated within this document and are reflected in the budget. If the project task requirements are different from the assumptions presented in this Scope of Services, or if the City desires additional services, the resultant change in scope will serve as a basis for amending this project assignment or initiating the development of a new project assignment as agreed to by both the City and the Design -Build team. The following assumptions and City responsibilities apply to this project: The City will furnish the Design -Build team available studies, reports, and other data pertinent to Design -Build team's services; obtain or authorize Design -Build team to obtain or provide additional reports and data as required; furnish to Design -Build team services of others required forthe performance of Design -Build team's services hereunder, and Design -Build team shall be entitled to use and rely upon all such information and services provided by City or others in performing Design - Build team's services underthis Work Assignment. • The Design -Build team has no control over the cost of labor, materials, equipment or services furnished by others, over water, reclaimed water, and/or wastewater quality and/or quantity, or over the way the City's plant(s) and/or associated processes are operated and/or maintained. Modeling results, data projections and estimates are the Design -Build Team's professional opinion based on the Design -Build team's experience and judgment. The Design -Build team does not guarantee that 989 actual water, reclaimed water, and/or wastewaterdistribution system operational characteristics will not vary from the modeling results, data projections and estimates prepared by the Design - Build team. The Design -Build team is not liable to, and does not indemnify, the City, or any third party relative to inconsistencies between Design -Build team's hydraulic modeling results, data projections and estimates and actual water, reclaimed water, and/or wastewater distribution system operational characteristics realized by the City or any third party in the future, except to the extent that such inconsistencies are determined to be the result of negligence or errors or omissions on the part of the Design -Build team. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, the Design -Build team has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Design -Build team makes no warranty that City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from Design -Build team's opinions, analyses, projections, or estimates, until such time as the Early Work Package and Construction GMP Proposal are submitted and approved. The City will provide access to and facilitate site visits to the facilities as needed and will attend all meetings to maintain the progress of the project. • The City will pump down, clean, and provide access to the wet well for the structural evaluation. Note that there is inherent risk during any field investigation effort, especially when locating aged underground pipelines of unknown condition. All investigation completed by the Design -Build team will be "non-invasive", but soft digs may expose pipe which is already at risk. The City will coordinate with the Design -Build team during investigation. If any system or piping failures occur during investigation, the City will be responsible for handling repairs and recovery unless the failure is caused by the Design -build team. The City will be responsible for actuating valves, and repairing any pre-existing conditions. • The City will review and respond to deliverables in a timely manner. SUBCONSULTANT PARTICIPATION A qualified subconsultant will provide services for special investigations (Task 3) as follows: Survey -provide survey along the proposed site. SUE -provide SUE locates for potential existing site piping/utility conflicts. Song and Associates will provide architectural and landscape architecture services. Professional Services Industries, Inc. (PSI) an Intertek Company, will provide subconsultant services for special investigations (Task 3) as follows, with additional detail attached: _. Geotechnical Services - provide geotechnical investigation if needed for site structures. 990 L91 D D 0 T m III 992 M T T Meeting Date: 06/18/2024 Proposed Resolution No. R24-133- Approve and authorize the City Manager to execute Supplement No. 2 to PO 220936 with Baxter & Woodman, Inc., in the amount of $50,402 for additional engineering services in support of the Lakeside Gardens Neighborhood Project, and authorizing a limited term extension. Requested Action: Staff recommends approval of Proposed Resolution No. R24-133. Explanation of Request: The City of Boynton Beach Utilities Department is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP) to support implementation of the Utilities Capital Improvement Projects. Baxter & Woodman, Inc., is the engineer of record and is providing engineering services during construction for Dimick Road and Potter Road utility storm water, potable water, and collection system improvements for Lakeside Gardens neighborhood located east of Federal Highway and adjacent to the Intracoastal Waterway. The Lakeside Gardens area is prone to flooding with water ponding during minor rainfall events to severe flooding during extreme rainfall events. Additionally, high tides during spring and King Tides during the fall season create a nuisance that affect the resident's daily lives. The City has requested that the Consultant (Baxter & Woodman Inc.) provide additional engineering services in support of the Project that were not included in the original scope of work or Supplement No. 1, specifically, in regard to a sedimentation issue at the existing outlet of the Dimick Road outfall pipe. A company performing CCTV of the pipe discovered that the outlet was silted in and not allowing an in-line check valve to operate properly. The silt was removed, but within a few weeks it had returned suggesting that it is a recurring problem in need of further investigation. Additional services include a topographic survey, benthic survey of seagrass, design (drawings, specifications and cost estimates), and permitting services for the proposed solution. While the continuing services contract expired in February 2024, the Task Order was timely issued under the contract, and the additional work is necessary to complete the project scope. Approval of this item authorizes a limited term extension of the contract through completion of these Task Order services. PO 220936 cost increase: PO 220936 $171,869.00 Supplement 1 $82,520.08 994 Supplement 2 $50,402.00 Total $304,791.08 How will this affect city programs or services? The project addresses the existing Lakeside Gardens neighborhood drainage issues. The project will result in an improved level of service to the neighborhood to reduce flooding and provide improved ingress/egress during minor and major storm events. In addition, the existing water mains and gravity sanitary line are being replaced, resulting in improved level of service and fire protection for the neighborhood. With this Supplement, the Consultant will complete design and permitting for resolving the outfall sedimentation issue noted above. Fiscal Impact: Additional services include a topographic survey, benthic survey of seagrass, design (drawings, specifications and cost estimates), and permitting services for the proposed solution. will cost an additional $50,402. 403-5000-538.65-09 UC1802 Utility- Dimick & Potter (Stormwater) Attachments: Exhibit A to Resolution - Lakeside Gardens Contract Proposal Supplement #2- 20240508.pdf Task Order.pdf Task Order Supplement No. 1.pdf PO #220936 1-28-22.pdf PO Change order 12-14-23.pdf PO #220939 1-11-24.pdf ACMS.pdf Fully Executed Agreement - Mathews Baxter. pdf R24-133 Agenda_Item_1652- 2023_Resolution for Baxter and_Woodman_Task Order Supplement.docx 995 Task Order No. UT -3D-06, Supplement No. 2 Baxter and Woodman, Inc. For City of Boynton Beach Lakeside Gardens Improvements Engineering Services May 23, 2024 This Task Order Supplement No. 2, when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City of Boynton Beach (City), Florida and Baxter & Woodman, Inc. (Consultant), dated August 20, 2018, hereafter referred to as the Agreement. BACKGROUND The City selected Consultant to provide engineering services in support of the "Dimick and Potter Utility Stormwater and Water Improvements (Lakeside Gardens Drainage Improvements Phase 1)" (Project) that included successor engineering, constructability review, value engineering, permitting, bidding assistance, and construction management and part-time inspection services. The city requested additional engineering services not included in the original scope of work during the construction of the project. These services were included in Supplement No. 1 dated October 12, 2023. The City has requested that Consultant provide additional engineering services in support of the Project that was not included in the original scope of work or Supplement No. 1, specifically, in regard a sedimentation issue at the outlet of the Dimick Road outfall pipe. A company performing CCTV of the pipe discovered that the outlet was silted in and not allowing an in-line check valve to operate properly. The silt was removed, but within a few weeks it had returned suggesting that it is a recurring problem in need of further investigation. Additional services include a topographic survey, benthic survey of seagrass, design (drawings, specifications and cost estimates) and permitting services. SCOPE OF WORK The following is a description of the Additional Scope of Services to be provided under this Task Order No. UT -3D-06, Supplement No. 2. The task numbers are sequential from the original scope of services and previous supplement. Consultant shall provide the following additional engineering design services: 05/23/24 Task 8 — Data Collection Task 8.1— Topographic Survey: Consultant will engage the services of a registered surveyor to obtain bathymetry of the seabed adjacent to the existing seawall. A 75 -foot by 100 -foot area will be surveyed, centered at the outfall pipe location, with spot elevations at 20 -foot intervals. The surveyor shall also obtain elevations, location and dimensions of the seawall including the seawall cap and piles. The datum shall be in NAVD. Baxter & Woodman, Inc. .. p 05/23/24 Task 8.2 — Benthic Survey: Consultant shall conduct a marine benthic survey of the submerged bottom of the Dimick Road 30 -inch outfall. The survey will extend 75 feet from the outfall location and 50 feet to the north and 50 feet to the south of the outfall (total length of 100 feet). It is anticipated the benthic survey will require the use of SCUBA and/or snorkeling. and will be conducted using access points at the seawall. A systematic sampling of the project area will be conducted to determine the presence or absence of seagrass. Observations of species and cover of seagrasses will be made along transect lines and recorded and delineated. Map will be created to shows seagrass boundaries, type of seagrass and percent cover. The seawall will be inspected for the presence of any corals and coral locations will be included on the map. Seagrass surveys will be conducted between June 1 and September 30. Task 10 — Design Task 9.1 Preliminary Design: Based on the obtained data collected in the field, a conceptual design will be developed that may include one of the following solutions: • Re -grading the seabed for adequate relief of siltation. • Constructing revetment on the seabed around the outfall. • Constructing submerged baffle walls around the outfall. • Attaching a baffle/weir to the seawall • Adding a fitting to the outfall pipe with an angle turned to raise the invert of the outlet above the recurring sedimentation level. Consultant will compile a Technical Memorandum including the findings of the field data acquisition and recommended solution. Consultant will meet with the City to explain the recommended solution, how it was derived and if there are any impacts to operation and maintenance of the outfall. Also, the company that performed the CCTV of the pipe recommended replacement of the existing manatee grate. Therefore, the recommended design solution will incorporate a new grate. Task 9.2 Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Boynton Beach Minimum Construction Standards. Drawings in electronic (.pdf format) shall be submitted for City review at 60%, 90% and 100% stages. One (1) hard copy (22"04" or 11"x17") of drawing sets per submittal can be provided upon City request. Task 9.3 Contract Documents and Specifications: Contract Documents consisting of "front-end" documents and technical specifications shall be prepared for 60%, 90% and 100% design submittal. "Front-end" documents shall be provided by the City for incorporation into the Contract Documents. The technical specifications shall conform to City of Boynton Beach Standards Specifications for Construction. Specifications in electronic (.pdf format) shall be submitted for City review at the 60%, 90% and 100% 2 Baxter & Woodman, Inc. 997 stages. One (1) hard copy of technical specifications per submittal can be provided upon City request. Task 9.4 Construction Cost Estimate: Consultant shall prepare a detailed Engineer's Opinion of Probable Construction Cost (OPCC). The OPCC shall be based upon the level of design drawings and specifications submitted to the City. The OPCC shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. OPCC in electronic (.pdf format) shall be submitted for City review at the 60%, 90% and 100% stages. One (1) hard copy of the OPCC per submittal can be provided to the City upon request. Task 9.5 Meetings: Consultant shall attend (3) meetings, after the 60%, 90% and 100% design submittal has been reviewed by City and comments provided 48 hours in advance of the scheduled meeting. Task 10 — Permitting Task 10.1 USACE: Consultant will prepare U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) No. 7 (Outfall Structures and Associated Intake Structures). Impacts to Essential Fish Habitat (EFH) will be addressed through informal consultation with USACE and National Marine Fisheries Service (NMFS) throughout the permitting process. Erosion calculations will be performed. Task 10.2 SFWMD: Consultant will prepare a permit modification application to the South Florida Water Management District (SFWMD) to include the recommended solution in the existing Environment Resource Permit. An application for use of Sovereign Submerged Lands will also be prepared if SFWMD deems it necessary. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. Impacts to listed species including Johnson's seagrass, manatee, sea turtles or smalltooth sawfish and non -listed species including other species of seagrass are not anticipated for this project. Any impacts to listed species will require additional mitigation services. 2. City will assist Consultant with in -field verification of affected existing City facilities by providing access to infrastructure and seawall as necessary. 3. Consultant will not be responsible for the acquisition of additional easements that may be required to perform the work described herein. 05/23/24 3 Baxter & Woodman, Inc. 998 4. Consultant assumes that there are no contaminated soils or groundwater in the project area. 5. Engineering and inspection services during construction are not included. TIME OF PERFORMANCE Additional Services Task Time per Task Cumulative Time Task 8 — Data Collection 10 weeks(') 10 weeks Task 9 — Design 18 weeks (2) 28 weeks Task 10 — Permitting 10 weeks (3) 38 weeks (i) The benthic survey cannot be performed until June 1, 2024 because of criteria set forth by permitting agencies. The data collection schedule was extended accordingly. (2) The design schedule is based upon conducting a review meeting within 7 calendar days after City received the design submittals. All review comments shall be provided to B&W within 7 calendar days after City receives the phase submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. (3) Estimated, based on usual regulatory agency review period. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each task up to the following not to exceed cost for each task. Refer to Attachment A for budget summary. En ing eering Services Task 8 — Data Collection Task 9 — Design$ Task 10 — Permitting Reimbursable Expenses TOTAL PROJECT COST Estimated Fees $ 14,600(') $ 25,906 $ 9,496 $400 (2) $ 50,402 Notes: (') Includes Consultant and sub -consultant (x 1.1 multiplier) fees. l2I Out -of -Pocket Expenses include the following: printing/reproduction, mileage, and postage. 05/23/24 Baxter & Woodman, Inc. 999 Z W Q w V m E E 3 d 3 m a) coN c C (0 7 U (n O C/) U � 0 ~ J U C O 'a E C) a U Q (D; c co cl U O Q E U F Ln Cj 0 0 H} M r Ufl 0 O CD O Ln ua p CO «7 eq r EA N co N4 O w G6 m CO N 64 N_ C) EH O ER M O fR (o O O C', M O (A N N M � N O fA 001 fb? O LL7 cli 0 fA v N MN- O M N En O CO 6s 0 O c L) o0 o 0 o CD co rn C: c o — m c m f6o U U O N L N .O C O O V V O V Cl V W F L U 0 m a p J O c0 00 0 0 N co (o V� O C W 63 CG ° N O mLOCN MM0 MN co O0M O Mp r O r W (s3 ua N O c 11 0 r N 0 co 0 O N CO CO N � Cpo c 0 cz NO (n CO N 0- O r O O M O COM p N M 00 't 0 5 c LO w r- M r N N d W e» to f» ie R R O O O cn CO 0 w N CLU 4 U U H N N c co E N W T w Q — R C- d G c D o o = U 0 U ~ - 'n 0 0 cn N p o U m m () U � .3 c�i o p t0 f6 r � R O O a7 Y (0 0 U Q o (n U = O s L>2° 0 0 co U) ~ c c c v o� a1E c M@ _ U�> o o c°1 m N .210 Q C N N C C 4) Q> 4 £ p r orm odovc) aD(`Ln �� i Task Order No. UT -3D-06 Baxter and Woodman, Inc. For City of Boynton Beach Lakeside Gardens Improvements Engineering Services November 18, 2021 This Task Order, when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City of Boynton Beach (City), Florida and Baxter & Woodman, Inc. (Consultant), dated August 20, 2018, hereafter referred to as the Agreement. BACKGROUND The City has selected Consultant to provide engineering services in support of the "Dimick and Potter Utility Stormwater and Water Improvements (Lakeside Gardens Drainage Improvements Phase 1)" (Project). The engineering services desired by the City include successor engineering, constructability review, value engineering, permitting, bidding assistance, and construction management and part-time inspection services. The Project was previously engineered by others including the 100% design phase drawings, technical specifications, estimated construction schedule, and cost estimate. The major work items for the Project include the design of approximately 1,600 linear feet (LF) of drainage pipe, 25 drainage structures, a new gravity outfall, a discharge pipe for a portable emergency stormwater pump, and 1,130 LF of water main replacement. Ancillary items associated with the construction of the stormwater management system include but are not limited to sanitary and water service line adjustments, driveway replacements, curbing, roadway widening and restoration, and erosion control measures. The project includes the following streets in the Lakeside Gardens Community. Roadway & Utilities Improvements: • Dimick Road Potter Road • North Lake Drive • Connections at North Federal Highway 11/18/21 Baxter & Woodman, Inc. 1001 SCOPE OF WORK The following is a description of the Scope of Services to be provided under this Task Order No. UT -3D-06 Consultant shall provide engineering services for the "Lakeside Gardens Engineering Services" project. 11/18/21 Task 1— Successor Engineering Consultant shall perform all duties as required by Florida Administrative Code (FAC) 61G15-27.001 "Procedures for a Successor Professional Engineer Adopting As Their Own the Work of Another Engineer". The City shall provide all documents (i.e. AutoCAD, hydrologic and hydraulic calculations and model data, reports, permits, studies, specifications, surveys, geotechnical report, subsurface utility engineering report, etc.) previously completed by others. Consultant shall review and assess the information provided in order to adopt the work as the successor engineer. The previous design documents include: • "Dimick and Potter Utility Stormwater and Water Improvements (Lakdside Gardens Drainage Improvements Phase 1), 100% Design Submittal', dated April 2020, as prepared by Arcadis, signed and sealed by Christopher C. Tilman July 23, 2020. • The Opinion of Probably Construction Costs, dated September 3, 2021. • Geotechnical Engineering Report prepared by Tierra South Florida, Inc. dated July 24, 2019. • Design survey prepared by Avirom & Associates, Inc., signed and sealed by Michael D. Avirom, July 12, 2019. • Permit documents from FDOT, Palm Beach County Health Department (Potable Water Main), SFWMD ERP, USACOE and the Sovereign Submerged lands determination. Task 1.1 Survey: Consultant shall review the survey previously completed and incorporated into the previous project documents authored by others to determine if the information is sufficient or if additional information is necessary in order to complete the design of the project. Task 1.2 Geotechnical: Consultant shall review the geotechnical report and subsurface utility engineering report previously completed and incorporated into the previous project documents authored by others to determine if the information is sufficient or if additional information is necessary in order to complete the design of the project. Task 1.3 Utility Coordination/Field Verification (soft digs / utility locates): Consultant shall review the information from utility agencies (electric, phone, gas, cable TV, and City facilities) and soft dig borings previously compiled and incorporated into the previous project documents authored by others to determine if the information is sufficient or if additional information is necessary in order to complete 2 Baxter & Woodman, Inc. 1002 11/18/21 the design of the project. This task includes reconciling apparent discrepancies between record information, existing photographic field -verification information and changes that may have occurred since the completion of the previous design. Task 1.4 Successor Engineer Work Adoption: Consultant shall review the engineering materials authored by others including the drawings, technical specifications, and calculations as required by FAC 61G15-27.001. Errors and omissions discovered in the previous consultant's work will be documented. Consultant will modify/edit the materials as necessary to complete the Contract Documents for the City's use for bidding and construction. Task 2 — Final Design Task 2.1 Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Boynton Beach Minimum Construction Standards. Drawings in electronic (.pdf format) shall be submitted for City review at 60% and 100% stages. One (1) hard copy (22"04" or 11"x17") of drawing sets per submittal can be provided upon City request. As part of the preparation of the design documents, Consultant shall perform value engineering and constructability review of the drawings and technical specifications that were authored by others and adopted by Consultant as successor engineer. Value engineering will include identifying opportunities to decrease costs for construction materials, construction methods, and construction duration. Constructability review will identify issues with the design that may provide the Contractor with opportunities to submit change orders. Constructability review will also consider the City's ability for future maintenance of the proposed infrastructure. Task 2.2 Contract Documents and Specifications: Contract Documents consisting of "front-end" documents and technical specifications shall be prepared for 60% and 100% design submittal. "Front-end" documents shall be provided by the City for incorporation into the Contract Documents. The technical specifications shall conform to City of Boynton Beach Standards Specifications for Construction. Specifications in electronic (.pdf format) shall be submitted for City review at the 60% and 100% stages. One (1) hard copy of technical specifications per submittal can be provided upon City request. Task 2.3 Construction Cost Estimate: Consultant shall prepare a detailed Engineer's Opinion of Probable Construction Cost (OPCC). The OPCC shall be based upon the level of design drawings and specifications submitted to the City. The OPCC shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. OPCC in electronic (.pdf format) shall be submitted for City review at the 60% and 100% stages. One (1) hard copy of the OPCC per submittal can be provided to the City upon request. 3 Baxter & Woodman, Inc. 1003 11/18/21 Task 2.4 Meetings: Consultant shall attend (2) meetings, after the 60% and 100% design submittal has been reviewed by City and comments provided 48 hours in advance of the scheduled meeting. Task 3 — Permitting It is understood that the previous consultant had acquired permits or exemptions from the following agencies: • United States Army Corps of Engineers (USACE) • South Florida Water Management District (SFWMD) • Palm Beach County Health Department (PBCHD) • Florida Department of Transportation (FDOT) It is anticipated that Consultant will be required to perform additional permitting services to modify existing permits as necessary based on revisions to the original design. It is understood that the previous consultant did not complete a permit review with the City of Boynton Beach Building Department. Permit applications shall be completed for each of the permitting agencies if required. Associated permit application fees shall be determined by Consultant and paid for by the City. Services do not include preparing the permit application for SFWMD construction dewatering permit (Contractor will be required to secure this permit for construction). In addition to preparing the permit applications for appropriate agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: • Attend up to one (1) meeting with the staff of regulatory agencies. • Respond to request(s) for additional information from each regulatory agency. Task 3.1 USACE Nationwide Permit: Coordinate with regulatory agency to confine that final project still meets criteria for exemption. Task 3.2 SFWMD Environmental Resource Permit: Coordinate with regulatory agency and submit revised applications, calculations, drawings, etc. as necessary to modify the permit to proposed design. Task 3.3 PBCHD Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs: Coordinate with regulatory agency and submit revised applications, calculations, drawings, etc. as necessary to modify the permit to proposed design. Task 3.4 FDOT Driveway and Utility Permits: Coordinate with regulatory agency and submit revised applications, calculations, drawings, etc. as necessary to modify the permit to proposed design. Baxter & Woodman, Inc. 1004 11/19/21 Task 3.5 Boynton Beach Building Department: Consultant shall prepare and submit for the City of Boynton Beach Building Permit to initiate building department review process for the proposed improvements. Consultant shall prepare response for up to one (1) request for information issued by the City's building department. Upon bidding and selection of a Contractor, the selected Contractor will be required to assume the permit prior to formal issuance of the permit by the City. Task 4 — Bidding Assistance Consultant shall assist the City with the following for bidding of the project: Task 4.1 Bid Advertisement: Consultant shall provide Contract Documents in electronic (.pdf format) for City to issue to prospective bidders. City shall receive and process bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Task 4.2 Pre -Bid Conference: Consultant shall conduct a pre-bid conference in conjunction with City staff and provide a written summary of issues discussed in meeting minutes. Task 4.3 Bid Clarification/Addenda: Consultant shall assist City in issuing addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. City shall issue all addenda to prospective bidders. Task 4.4 Contract Award: City shall conduct the bid opening and prepare a bid tabulation. Consultant shall assist City in evaluating bids and proposals, including reference checks. Consultant shall submit to the City a written recommendation concerning the contract award to the lowest responsive responsible bidder. Task 4.5 Conformed Contract Documents: Consultant shall furnish to the City conformed Contract Documents in the form of one (1) set of pdf files in electronic format on USB drive and one (1) hard copy of the Contract Book and one (1) 22"x34" drawings. Task 5 — Construction Services Consultant shall provide limited Construction Engineering Services for a combined 12 months of Limited Construction Administration and 10 months assumed for Part Time Construction Inspections. Limited Construction Engineering Services are as identified and further detailed below: Task 5.1 Pre -Construction Conference: Construction Manager shall prepare the agenda and facilitate the pre -construction conference with the City's awarded Contractor and City staff. Construction Manager will also coordinate with all associated permitting agencies to attend the meeting. Construction Manager will prepare and issue written minutes of meeting. 5 Baxter & Woodman, Inc. 1005 11/19/21 Task 5.2 Shop Drawing Submittal Review: Construction Manager shall receive, log, and review Shop Drawings and Product Submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 100 submittals (includes submittals and re -submittals if required) is included in the budget for submittal review. Construction Manager will review and return submittals to City and Contractor within 7 days of receipt. Task 5.3 Progress Meetings: Construction Manager shall attend monthly construction progress meetings with the City and Contractor with an agenda and written summary of the issues discussed. Monthly Progress meetings will be conducted by the Construction Manager with the Inspector's also in attendance depending on work activities. The Formal Monthly Progress Meetings will be held at the City facilities. Twelve (12) total progress meetings are included in the budget for this task. Task 5.4 Construction Clarifications/Daily Communication: Respond in writing to Contractor's Request for Information (RFI) regarding design documents during the estimated 12 -month construction period. Construction Manager shall issue interpretation and clarifications of the Contract Documents along with associated support materials as requested by the Contractor. Those interpretations will be rendered and a response prepared and submitted to the Contractor within a targeted time frame of 5 working days. This subtask also includes the necessary day-to-day communications with Contractor and City for coordination of the construction activities for the 12 -month construction timeframe. Task 5.5 Certification of Construction Completion: Construction Manager shall notify the City and Contractor in writing once the Project is deemed to meet Contract Completion milestones. Consultant's Engineer of Record shall certify based on visible project features inspections, and review of testing reports that the project was constructed in General Conformance with the Plans & Specifications, and all Permit Conditions. Task 5.6 Substantial and Final Inspections: In conjunction with City staff, Construction Manager shall make preliminary and final inspections and assist in the preparation of a Project Completion "punch list" to achieve Final Completion. Construction Manager shall review completion of identified punch list items to assist in the determination that Final Completion has been achieved by the Contractor. Construction Manager shall advise the City and provide formal notice to the Contractor once Final Acceptance of the project has been reached in accordance with the Contract Documents. Task 5.7 Resident Project Representative Phase: Consultant shall provide One (1) Part Time Inspector during construction of the work for the construction contract. The Inspector shall be part-time for a 10 -month period of actual construction (assumes 2 - months of the 12 -month construction duration no inspections required and primary focus during underground construction timeframe, less so during paving operations) for a total of 410 hours. Activities performed by Consultant under this task consist of furnishing a Part Time Inspector during the construction of the project, to observe the 6 Baxter & Woodman, Inc. 1006 quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the Contract Documents. Task 5.8 Grant Administration Reporting Assistance: Consultant shall assist with Wage Rate Interview Forms and prepare necessary Grant reporting information and submit to the City, for their compliance reporting with Federal or State Grants for project funding (includes quarterly reporting). Task 6 - Public Outreach Coordination During Construction Task 6.1 Public Outreach Meetings: Consultant shall coordinate with the City's public outreach coordinator for the preconstruction public outreach meeting. Contractor shall provide a traffic control plan and schedule to Consultant to include in presentation. This task shall include attendance at one (1) public preconstruction meeting. Task 6.2 Resident Concern Log: Construction Manager shall coordinate with the City's public information coordinator for a Resident's Concern Log. This log shall be utilized to administer items for the Contractor to address and track the status of resolution on all items. The log will be discussed and updates provided by the Consultant's Construction Services Team at each progress meeting for the duration of the project. Task 6.3 Coordination with Public Information Officer: The Consultant will coordinate and provide construction schedule and impact updates to the City and the City's Public Information Representative to keep the community aware of the status and traffic impacts of the referenced project. The City's representative shall distribute the information. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City shall provide all documents (i.e. AutoCAD, hydraulic calculations, reports, permits, studies, specifications, surveys, geotechnical report, subsurface utility engineering report, etc.) previously completed by others. The information will be provided to Consultant within five (5) calendar days of Notice to Proceed (NTP). 2. City will assist Consultant with in field verification of affected existing City facilities by providing access to infrastructure as necessary. 3. Scope of work does not include additional topographic survey, geotechnical investigation or utility locating services. 11/18/21 7 Baxter & Woodman, Inc. 1007 4. All existing and proposed infrastructure improvements are or will be within City of Boynton Beach rights-of-way. Consultant will not be responsible for the acquisition of additional easements that may be required to construct the project. 5. Consultant assumes that there are no contaminated soils or groundwater in the project area. 6. Legal services and valuation of easement or additional right-of-way is not included herein. 7. City will provide record drawings, AutoCadd files, and design information for Casa Del Mar emergency entrance project. 8. City is responsible for all permit application fees and costs of public notification in local newspapers. 9. The design is to be based on the federal, state, and local codes and standards in effect at the beginning of the project (issuance of NTP). Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 10. No pre -purchase of materials and/or equipment is presumed. Modification to the schedule may be required if this is considered. 11. A single bidding effort is assumed. Re -bidding of any aspect of the project is considered Additional Services. 12. Scope does not include services for addressing a bid protest. 13. Contractor will be responsible for preparing Record Drawings. 14. Contractor will be responsible for obtaining any required dewatering permits. 15. Assisting the City in the settlement of construction claims is considered Additional Services. 16. Engineering Construction Services phase assumes a construction duration of 12 -months. Construction extending beyond the 12 -months from start of construction (NTP issuances to contractor) shall be considered for additional services and Consultant rates and fees shall be negotiated with the City. 17. City has a Public Information consultant to lead the public information efforts with the residents and other stakeholders. Consultant shall provide information relevant to these updates, but will not schedule or conduct meeting, or distribute public information during the design or construction of the project. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, paving, sanitary, water, drainage improvements and lighting to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing 11/18/21 8 Baxter & Woodman, Inc. 1008 facilities and conditions, potential property or easement acquisitions or due to unforeseen omissions in the reports and data provided to the Consultant as prepared by the previous consultant. Services performed under this task will be on as -directed basis in accordance with a written Notice - to -Proceed from the City Manager. The Notice -to -Proceed issued shall contain the following information and requirements: • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. TIME OF PERFORMANCE Refer to Attachment for the project schedule. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each task up to the following not to exceed cost for each task. Refer to Attachment B for budget summary. Engineering Services Task 1 - Successor Engineering Task 2 — Constructability Review & Final Design Task 3 - Permitting Task 4 - Bidding Assistance Task 5 - Construction Services Task 6 - Public Outreach Coord During Construction Reimbursable Expenses TOTAL PROJECT COST Estimated Fees $ 17,952.00 $ 45,736.00 $ 5,990.00 $ 7,173.00 $ 84,306.00 $ 5,712.00 $ 5,000.00(l) $171,869.00 Notes: (1) Out -of -Pocket Expenses include the following: printing/reproduction, mileage, and postage. 11/18/21 9 Baxter & Woodman, Inc. 1009 ATTACHMENT B City of'Boynton Beach -Lakeside Gardens Improvements Budget Summary fifff6fPIWA Task Task Description Principal Engineer $170.00 Project Manager $165.00 Senior Engineer $155.00 Labor Classification and Hourly Rates Constr Mgr/ Engineer CADD Engineer Technician Inspector Technican $112.00 $110.00 $9D.00 $92.00 Clerical Admin. $70.00 Total Labor Sub - Consultant Services 1 Successor Engineering Review & Adoption 1.1 Survey 16 8 $3,216 1.2 Geotechnical 4 $620 1.3 Utility Coordination/Field Verification (soft digs / utility locates) 4 8 $1,516 1.4 Successor Engineer Work Adoption 20 60 $12,600 Subtotal 0 20 84 8 0 0 8 0 $17,952 $0 2 Final Design 2.1 Value Engineering, Constructability Review, Design Drawings 8 56 76 8 80 4 $30,900 2.2 Technical Specifications 4 20 20 4 $7,360 2.3 Construction Cost Estimate 8 16 20 $4,872 2.4 Meetings 2 4 8 2 2 $2,604 Subtotal 14 80 112 18 8 0 100 10 $45,736 $0 3 Permitting 3.1 USACE Nationwide Permit 2 4 $950 3.1 SFWMD Environmental Resource Permit 2 4 $950 3.3 PBCHD NOI to Use GP for Construction of WM Extension for PWSs 2 4 $950 3.4 FDOT Driveway and Utility Permits 2 8 $1,570 3.5 Boynton Beach Building Department 2 8 $1,570 Subtotal 0 10 28 0 0 0 0 0 $5,990 $0 4 Bidding Assistance 4.1 Bid Advertisement 4 4 $1,068 4.2 Pre -Bid Conference 4 4 $1,280 4.3 Bid Clarification/Addenda 2 8 $1,570 4.4 Contract Award 1 2 8 $1,371 4.5 Conformed Contract Documents 4 8 4 $1,884 Subtotal 0 7 22 20 0 0 4 0 $7,173 $0 5Construction ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.1 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.2 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.3 5.4 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.5 5.6 5.6 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.8 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 6 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 6.1 6.2 6.3 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Services Pre -Construction Conference Submittal Review Progress Meetings Construction Clarifications/Daily Communication Certification of Construction Completion Substantial and Final Inspections Resident Project Representative Grant Administration Reporting Assistance Public Outreach Coordination During Construction Public Outreach - Preconstruction Meeting Attendance (Service Resident Concern Log (Service Included) Coordination with City's Public Information Officer Subtotal Included) Subtotal 0 0 6 4 10 0 0 0 2 22 38 18 4 4 88 6 6 6 60 110 42 8 16 50 292 42 42 2 410 4D 452 0 0 0 0 6 6 $1,064 $9,064 $17,346 $7,296 $1,328 $2,208 $36,900 $9,100 $84,306 $0 $0 $5,712 $5,712 ..................................... ..................................... ..................................... ..................................... ..................................... $0 $0 Labor Subtotal Hours 14 127 246 140 342 452 112 16 $166,869 $0 Labor Subtotal Costs $2,380 $20,955 $38,130 $15,680 $37,620 $40,680 $10,304 $1,120 Labor Total Costs $166,869 Subconsultant Costs Total $0 Subconsultant Multiplier 1.1 Subconsultant Total $0 Reimbursable Expenses 1 $5,000 Project Total 1 $171,869 Baxter Woodman, Inc. 1010 1011 2� 2� )m 2~ E� (° a, kc) GH /� JN - ±n »� �cj - �� 1-1 gle �~ \\ / / R ] f = § % } \ \ } _ Q] m 0 7 e § o7 . k 2 J ) 2 ] u 7 _ Lu 2 s § &0., `! T§ 7 4 5 \ 2 { { f ) _ § \ }) co IL = G Q Q & « « t t « w / § ) zm 0 m m m m 1011 Task Order No. UT -3D-06, Supplement No. 1 Baxter and Woodman, Inc. For City of Boynton Beach Lakeside Gardens Improvements Engineering Services October 12, 2023 This Task Order Supplement No. 1, when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City of Boynton Beach (City), Florida and Baxter & Woodman, Inc. (Consultant), dated August 20, 2018, hereafter referred to as the Agreement. BACKGROUND The City selected Consultant to provide engineering services in support of the "Dimick and Potter Utility Stormwater and Water Improvements (Lakeside Gardens Drainage Improvements Phase 1)" (Project) that included successor engineering, constructability review, value engineering, permitting, bidding assistance, and construction management and part-time inspection services. The project is now under construction. The City has requested that Consultant provide additional engineering services in support of the Project that was not included in the original scope of work. Consultant has provided additional Construction Services and Resident Project Representative beyond the original intended scope of work. The budgeted hours for Construction Services and Resident Project Representative have been exceeded to assist the City to maintain a high level of service that is more representative of full time support during construction. This supplement includes an adjust to the monthly budget that is more in-line with the efforts provided to date, extended to the end of the original anticipated construction contract of 12 months. The City has approved Project Change Order No. 1 that includes the replacement of all existing gravity sanitary sewer mains along Dimick Road, Potter Road, and North Lake Drive. The additional work will require a contract extension of 65 days. Consultant will provide additional services to support Change Order No. 1, adjusted based on the efforts provided to date. The additional engineering services requested by the City of the Consultant is for the CCTV inspection of the existing 30 -inch outfall pipe (approximately 175 linear feet including stormwater structures #OS3 and OS3A) (Pipe) located at the intersection of Dimick Road and North Lake Drive that discharges to the Florida Intracoastal Waterway (ICW). An in-line check valve and manatee grate are located on the discharge end of the Pipe. The City also requested recommendations regarding the findings as well as recommendations for future maintenance of in-line check valves. SCOPE OF WORK The following is a description of the Additional Scope of Services to be provided under this Task Order No. UT -313-06, Supplement No. 1, Consultant shall provide engineering services for the "Lakeside Gardens Engineering Services" project: 10/12/23 1 Baxter & Woodman, Inc. 1012 10/12/23 Task 5 — Construction Services (Additional Services) Consultant shall provide additional services for Limited Construction Administration and Part Time Construction Inspections at the level of effort requested by the City that has been above the intent of the original contract and include the 65 -day extension to the project under construction contract Change Order No. 1. Limited Construction Engineering Services are as identified and further detailed below: Task 5.3 Progress Meetings (Additional Services): Construction Manager shall attend monthly construction progress meetings with the City and Contractor with an agenda and written summary of the issues discussed. Monthly Progress meetings will be conducted by the Construction Manager with the Inspector's also in attendance depending on work activities. The Formal Monthly Progress Meetings will be held at the City facilities. Two (2) additional progress meetings are included in the budget for this task. Task 5.4 Construction Clarifications/Daily Communication (Additional Services): Respond in writing to Contractor's Request for Information (RFI) regarding design documents during the construction period. Construction Manager shall issue interpretation and clarifications of the Contract Documents along with associated support materials as requested by the Contractor. Those interpretations will be rendered and a response prepared and submitted to the Contractor within a targeted time frame of 5 working days. This subtask also includes the necessary day-to-day communications with Contractor and City for coordination of the construction activities for the construction timeframe. Original contract assumed an average of 24.3 hours per month of Construction Manager/Engineer Technician time for a total of 292 hours over 12 months. Consultant has been providing an average of 30 hours per month of Construction Manager/Engineer Technician time. By the I0`" month of construction (November 2023) the 292 hours will be expended. The contractor's schedule shows a final completion of June 17, 2024. The supplemental hours requested are as follows: December 1, 2023 to June 17, 2024 6.5 Months * 30 Hours = 195 Hours Task 5.7 Resident Project Representative Phase (Additional Services): Consultant shall provide One (1) Part Time Inspector during construction of the work for the construction contract. Activities performed by Consultant under this task consist of furnishing a Part Time Inspector during the construction of the project, to observe the quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the Contract Documents. Original contract assumed an average of 41 hours per month of Inspector time for a total of 410 hours over 10 months. Consultant has been providing an average of 41 hours per month of Inspector time. Baxter & Woodman, Inc. 1013 10/12/23 The supplemental hours requested are as follows: 65 day extension for Change Order No. 1 2 Months * 41 Hours —132 Hours Task 7 — CCTV Inspection Consultant shall perform a CCTV inspection of the existing Pipe. Consultant shall review and assess the information collected by CCTV to provide an analysis of the existing condition of the pipe and provide recommendations for rehabilitation should they be necessary. In general, the work shall include the following: • Remove the manatee grate. • Isolate and dewater the Pipe. • Clean/de-silt the Pipe. • CCTV the Pipe. • Review condition of the manatee grate and in-line check valve. • Reinstall and secure manatee grate and in-line check valve. • Analyze the CCTV recording • Develop a technical memorandum (TM) based on the analysis of the CCTV recording with recommendations and preliminary costs for rehabilitation. Task 7.1 CCTV: Consultant shall contract with a sub -contractor to physically perform the CCTV work including removing and replacing the manatee grating and in- line check valve, isolating, dewatering, cleaning, and CCTV recording. The video shall be provided to the City within 48 hours of work completion. Task 7.2 Check Valve O&M: Consultant will coordinate with the in-line check valve manufacturer to confirm recommended maintenance cycles and procedures for the in-line check valve operation. Task 7.3 Technical Memorandum: Consultant shall prepare a TM that provides an analysis of the condition of the Pipe based on the CCTV recording and effectiveness of the Pipe based on hydraulic modeling. The TM shall include recommendations for the rehabilitation of the Pipe, a preliminary cost estimate, and recommended operation and maintenance for the Pipe. A DRAFT TM will be submitted to the City in electronic (.pdf) format for review. The City shall provide comments to the Consultant where a DRAFT TM review meeting will then be scheduled within 48 hours. Based on the City's comments from the review meeting, a FINAL TM will be prepared by the Consultant and submitted to the City in .pdf format. Task 7.4 Standard Operating Procedure (SOP): Consultant shall prepare a SOP that provides the recommended maintenance procedures and maintenance schedule for each outfall pipe along North Lake Drive within the vicinity of the Lakeside Gardens Baxter & Woodman, Inc. 1014 10/12/23 Drainage Improvement (Phase 2) project. The outfalls include the following from north to south: • 30" RCP — North Lake Drive and Dimick Road • 6" PVC - North Lake Drive and Potter Road • 36" RCP - North Lake Drive and Potter Road • 12" CMP - North Lake Drive and Potter Road • 18" RCP - North Lake Drive • 6" PVC - North Lake Drive A DRAFT SOP will be submitted to the City in electronic (.pdf) format for review. The City shall provide comments to the Consultant where a DRAFT SOP review meeting will then be scheduled within 48 hours. Based on the City's comments from the review meeting, a FINAL SOP will be prepared by the Consultant and submitted to the City in .pdf format. Task 7.5 Meetings: Consultant shall attend (2) meetings, a kick-off meeting, and a DRAFT TM and DRAFT SOP review meeting. Comments shall be provided by the Citv on the DRAFT TM and DRAFT SOP 48 hours in advance of the review meeting. Allowance — Manhole CM -1 Modification Consultant shall provide engineering, construction, and resident project representative services to support the modification to the existing manhole CM -1 that is located at the driveway to Casa del Mar at the intersection of Dimick Road and North Lake Drive. CM - 1 is an existing storrnwater conflict structure with an existing 8" gravity sanitary sewer ductile iron pipe running through it. The City desires to modify CM -1 by placing a steel casing over the gravity sanitary sewer carrier pipe. Consultant will design the modification and provide a draft pdf drawing to the City for review. Consultant will issue a final pdf drawing based on the City's comments. The final pdf drawing will be issued to the Contractor as a Change Order. Consultant will administrate the Change Order and the Resident Project Representative will observe and document the construction of the modifications to CM -1 Baxter & Woodman, Inc. 1015 Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. City will assist Consultant with in -field verification of affected existing City facilities by providing access to infrastructure as necessary. 2. Consultant will not be responsible for the acquisition of additional easements that may be required to perform the work described herein. All existing and proposed infrastructure improvements are or will be within City of Boynton Beach rights-of-way. 3. City staff shall be responsible for performing field inspections when Consultant is not available due to the limited nature of Consultant's contract for Resident Project Representative. 4. Consultant assumes that there are no contaminated soils or groundwater in the project area. 5. Consultant will be responsible for obtaining any required dewatering permits. 6. City will provide Consultant with the make and model of all backflow preventers for existing outfalls. 7. Consultant shall prepare the SOP assuming all outfall pipes and appurtenances are in working condition. 8. Consultant shall prepare the SOP for the outfall pipes from the terminal stormwater structure our pump out connection to the outfall only. 9. Consultant is only preparing a condition assessment for the 30" outfall at Dimick Road and North Lake Drive. 10112/23 Baxter & Woodman, Inc. 1016 Refer to Attachment A for the project schedule. F0103TOWMM 1030 The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each task up to the following not to exceed cost for each task. Refer to Attachment B for budget summary. Enp-inecrine Services Estimated Fees Task 5 — Construction Services (Additional Services) $32,478.00 Task 7 - CCTV Inspection $ 39,542.08(') Allowance — Manhole CM -1 Modification $10,000.00 Reimbursable Expenses 500.00(') TOTAL PROJECT COST $82,520.08 Notes: (1) Includes Consultant andsub-consultant (x ].I multipliei)fees. (2) Oui-of-Pocket Expenses include the following: printing/reproduction, mileage, and postage. 10/12/23 Baxter & Woodman, Inc. 1017 ATTACHMENT A Cunenl Conhaet AtlAHonel Services L°i r 10/12/23 7 Baxter & Woodman, Inc. 1018 ATTACHMENT B City of Boynton Beach - Lakeside Gardens Improvements Supplement No. I Budget Summary Construction SeivAces (Addfiloni-12srvicoi A) 53 Progress Meetings (Additional SeNces) 5�4 Conai=tion rjarificationt/DaRV Communic2lion (Additional Sere as) 5.7- Rasidw Projavt Representative (Additional Ser4css) . . . ........ — . ..... &TV inst> nn 7.2 Check VaM &M 7.3 iTechrvcalMemorandum 7.4-''.Standard OpaWing Procedure (SOP) 7.5'Meetinga 10/12123 -abor Subtotal Costs abor Total Cold. >ulxon&ullanl Costs Total Subconsultant Muffiplier- hu—b.onsultarittbial — 4l!owsnca - Manhole CM -1 - Design ,M*-dJ-fi-s*tivn 8 Principal Project En"K CADD Clarl� Sub - Engin— Is". � .8'-,n0.r., _nirns. I in!"cl., Tochnica �'drr I Total Consultant 41`10.00 S90.00 $9200 Labor 6 ardeas . . .... . ........ Baxter & Woodman, Inc. 116 53,680 4.521,888.25 1019 2 6 18 2 3 195 82 21.3 ------------- 82 0 - -------- Baxter & Woodman, Inc. 116 53,680 4.521,888.25 1019 PUBLIC NOTICE TO WATER SYSTEM CUSTOMERS OF THE CITY OF BOYNTON BEACH UTILITY The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning Thursday, January 4, 2024, through Wednesday, January 24, 2024. This is a standard practice in which we switch to a stronger disinfection method in order to ensure that the potable water delivered to the customer remains of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water. During this period, the City's Drinking Water Distribution System will continue to meet ALL Federal and State water quality standards. Customers particularly sensitive to the taste and odor of chlorine may place an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate. Because of this change, users of home dialysis machines, owners of tropical fish aquariums, and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their equipment during this period as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this chlorine flush period. Please be assured that this is a preventive maintenance procedure to maintain our Water Distribution System. If you would like further information on this matter, please call our Water Quality Division at 561-742-6964, between 7 a.m. — 4 p.m., Monday through Friday. {00526809.1 306-9001821 } 1020 m W U H P: W U) 0 Z H P4 U W z W H Z H C7 z w A O W O m q 3 N > L1 o O a0 P: P: C) a w E°i O 1x PQ W H A H co 124 124 ItT PQ O P: N z zQ z 004 0 �0 H �x H W U] P4 U) Hr� O � HH z a a U) w w ,-q H > a X4 H A W W � H AO W rx <FC U A HW A N U) C4 V) z H x Qa p H FC A 1\1 H H �D W z CQ O Z H O U H O H 1-a � O a W a C/) A H 1 o z U) o w01 HU 1 m � 1 � W 00 I H I r - I H HHI o H U)O z010 UI O 0 A H1 H I H1 I I ice- I CY I H a A H H In Ln O N C O p r- + m w o w m m 00 N co r -I d1 N r• r-1 H N }-1 a) a) 4J 4J 41 41 0 0 a a L8 Q1 x x U U E E A A I H N J' U N -ri N -ri W o r -I o r-1 I7 CU -,100 -r1 0 liA,HAJ a�� U) U) U) U) W W P: a' U � O O W4 as a N W H H 3 HWHfx Z<ZP 030 U) no0 00 O rn Ln U M M Uo o w zH H a tai W �a U U) H W H z W P: a A U W x H z H H O H H H Cl) H 01 W P4 ro Ord -1-10 Q 5 +J 0 ro O U,C (1)C�+Cs+ rd 04 rd 04S40 a)C •H UUS40runCQ ON FO V] (L) -WC ti) (D 00\.(11 40 O-ri 04 H r-\ (d N U a) -r1 U G H C- OI �4 iJ r'O (1).a -N H A OqO 0� Cul SN C I UJ iJ W5 4 M 0 J.) 1 0 H OC CJL)mw ' �, -r1 i4 -r -IC �$ �' �J 4-) -54 rCl N J -J r, MO (1) a) -ri J -).Q O m 01 O ro J-) a C w C 44 0 A-ri 0yo U O O a-'4 ro x! C C >1 C H cd aC rt H -ri 0 r A J.J ON H U] U) O J -J rd -r1-ri o H rd P: .41 -14 �4U a)Nrtl Z H�li��-li -> :E: Ca)r.-40Q)�EMO 2 rd JJ a) a) •H O 1J E 54 O�A ro0a) U •�4UUM04 ON> -�,mO 7$M Z 0 0 W O J-) w >., M o '3 '� arr�-Iw NJ-r�9 O H 4ME�ia)ECro -r1 U) S4 (L)U>V>a)Ua)) H (1) U ti C •r1 O (L) O 3 •ri 01 X4- M�ofQa1Q5 W M-rrMCa)EtoR,(l)O P4 WA3a)m-H4MC +U 1021 C O .r1 O1 U -rl � a) iJ A m a H O M U C rl Ul w C c2S �-I 3 A u) m'U U za) UO H P: (1) -r1 0 x U W 5+ C U) W J 1 d a) ,C 0 Z H m M Z z� 0) 0�4U)HW W C J%3 C F:4 JJ ;Jai.D Z a U-ri U O PIU) H 0 :14-) b) C X Z O m�JJ-)C S4UWOz W J -J •r{ •11 JJ •r1 U W WmEzi mrla) UCs+O CA i U O a)•ri O CQ 71 A �DUaw UaNH0 I I I } I -1 AOO HNMd� 1n �n COZ Ax xxx,se xxE�w comma) a)a)-ri0A E, E,FE, E, E, 1xUU] H H In Ln O N C O p r- + m w o w m m 00 N co r -I d1 N r• r-1 H N }-1 a) a) 4J 4J 41 41 0 0 a a L8 Q1 x x U U E E A A I H N J' U N -ri N -ri W o r -I o r-1 I7 CU -,100 -r1 0 liA,HAJ a�� U) U) U) U) W W P: a' U � O O W4 as a N W H H 3 HWHfx Z<ZP 030 U) no0 00 O rn Ln U M M Uo o w zH H a tai W �a U U) H W H z W P: a A U W x H z H H O H H H Cl) H 01 W P4 ro Ord -1-10 Q 5 +J 0 ro O U,C (1)C�+Cs+ rd 04 rd 04S40 a)C •H UUS40runCQ ON FO V] (L) -WC ti) (D 00\.(11 40 O-ri 04 H r-\ (d N U a) -r1 U G H C- OI �4 iJ r'O (1).a -N H A OqO 0� Cul SN C I UJ iJ W5 4 M 0 J.) 1 0 H OC CJL)mw ' �, -r1 i4 -r -IC �$ �' �J 4-) -54 rCl N J -J r, MO (1) a) -ri J -).Q O m 01 O ro J-) a C w C 44 0 A-ri 0yo U O O a-'4 ro x! C C >1 C H cd aC rt H -ri 0 r A J.J ON H U] U) O J -J rd -r1-ri o H rd P: .41 -14 �4U a)Nrtl Z H�li��-li -> :E: Ca)r.-40Q)�EMO 2 rd JJ a) a) •H O 1J E 54 O�A ro0a) U •�4UUM04 ON> -�,mO 7$M Z 0 0 W O J-) w >., M o '3 '� arr�-Iw NJ-r�9 O H 4ME�ia)ECro -r1 U) S4 (L)U>V>a)Ua)) H (1) U ti C •r1 O (L) O 3 •ri 01 X4- M�ofQa1Q5 W M-rrMCa)EtoR,(l)O P4 WA3a)m-H4MC +U 1021 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 220936 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/28/22 VENDOR 16248 TO: BAXTER & WOODMAN INC 477 S. ROSEMARY AVE. SUITE 330 WEST PALM BEACH, FL 33401 REQUISITION NO, ORDERING DEPARTMENT: DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: - . .-014.16-2.8 2117.... LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST SHIP TO: City of Boynton Beach EMT UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 1 171869.00 DL TASK 1 -SUCCESSOR ENGINEERING 1.0000 Task 2- Constructability Review Final Design Task 3- Permitting Task 4- Bidding Assistance. Task 5.- Ccinstructiot SbrVice Task 6 -_Public Outreach Coord During Construdtion Reimbursable Expehse REMARKS':': Baxter & -Woodman- Ta;bk order# UT -3D-.06 (Scope D) Dimick and' Potter .-1k6&d Utility Stormwatipt: and Water Improvements. This taskorder is topiovide engiiieering, permittinq, biddin''and &pnfiltrUCtion services tor Dirnink and Potter 'Road neighborhood improvements.-Gener*al Consulting Services.::. . . Agreement -for,-the+:.City of Boynton beaph was, approved by'commis.si6n on.Auqust 7,, 2'01-8 :and rr-C-fteWed August 3j. 2021 RFQ# 046-2821-L1!/TP.. Commission approved Task order 6n '12/7/2021. PROCUREMENT SERVICES: FLORIDA STATE SALES TAX EXEMPT _F _IiOd if"i iftkfi N — CERTIFICATE NO. 85-8012621644CT OUR PURCHASE ORDER NUMBER MUST APPEAR PACKAGES, TICKETS, INVOICES, STATEMENTS THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. FEDERAL EXCISE TAXES: WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL, FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 BOYNTON BEACH, FL 33425-0:310 ORIGINAL EXTENDED COST 171869.00 ...... ......... P.O TOTAL 171869.00 1 1 ENDER SEPARATE ORDER OR FOR EACH SHIPMENT THeMCON ON ALL AND IMMEDIATELY FOLLOWING SHIPMENT. 2PREPAID FREIGHT CHARGEABLE TO THE CITY OF BOYNTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. 3JNVOICES AND STATEMENTS SUBJECT JO CASH DISI;Q VMT,p!�§CIIFLED HEREON 1022 CHANGE ORDER RIE -,QUEST FORM 2023-2024 Date:_ December 14, 2023 Existing PO M 220936 Requesting Department: Utilities -�En iinneerinq _ Contact Person: An ela P�!mas / MM -_.. '-.m ... __......... Explanation for Change Order: Change Order needed for additional services in the amount of $82,520.88 for the Dimick and Potter Road Utility Stormwater and Water Improvement Project in the Lakeside Gardens neighborhood. Engineering Services to include, construction, CCTV inspection, Manhole C 1 modification, and reimbursable expenses. Task Order # UT -3D-06. Commission Approved Agenda on 11/7/2023. 403-5000-533-65.02 (UC1802): Increase by $20,630.78 403-5000-538-65.09 (UC1802): Increase by $61,890.10 ------------ Recommended Vendor Baxter 8� Woodman veNooR # 16248 Re nest Amount: $ 254,389.08 iurce for Purchase (attach backup materials/bids/quotes and/or sole source letters ❑ City of Boynton Beach Contract # . ❑ State Contract # ❑ SNAPS* ❑ Piggy -Back* Agency ❑ Less than $5,000 (1 quote -incl in Change Order (attach backup materials/bids/ or quotes) ❑ GSA* ❑ PRIDE/RESPECT* ❑ SOLE SOURCE (requires Form & Letter from Manufacturer) 0 BID* RFQ 046-2821-17/TP ❑ $5,000-$49,999.00 (3 written Commission Approved Annual Exp: $ 171,869.00 Date Comm App: 12/7/2021 [] INCREASE to Original PO # $ 82,520.08 ❑ DECREASE to Original PO # ❑ INCREASE to Original Blanket PO # ❑ DECREASE to Original Blanket PO # Increase Amount: Decrease Amount., Original PO Amt: $ 171,869.00 Original PO Amt: PO Amt w/Prior Change Orders: $ 82,520.08 PO Amt w/Prior Change Orders: New PO Total: $ 254,389.08 New PO Total: $ - Fund Source: (confirm funds are available prior to sending to Purchasing) Item Descdption Account No. Budgeted Amt. uat. Engineering Services 403-5000-538-65.09 (UC1802) $ 190,791.85 Engineering Services 403-5000-533-65.02 (UC1802) $ 63,598.03 Department Head/Designee Finance Director Date !?„> Date Revised 7/3/23 1023 Iv�z IVLJ 7.8. Consent Bids and Purchases Over $10000 12/7/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 17!712021 Requested Action by Commission: Approve Task Order UT -31)-06 with Bader & Woodman, Inc. in the amount of $171,869.00 for engineering, permitting, bidding and construction services for Dimick and Potter Road Utility Storm+ster and Water Improvements in accordance with RFO Pio. 046-2821-17/7P, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 3, 2021. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP) to support implementation of the Utilities Capital Innprovement Projects. Bader & Woodman, Inc. wi8 provide value engineering, successor engineering, permitting, bidding assistance, and construction services for the Dimick Road and Potter Road utility storamter and water Improvements In the Lakeside Gardens neighborhood east of Federal Highway and adjacent to the Intracoastal Watamy. This contract Will ensure that the design is optirrilied by conducting a constructability review to look for opportunities to enhance the design, shorten construction time and amid unnecessary change orders. The new engineer of record would also provide construction management and part-time Inspection services. The Lakeside Gardens area Is prone to flooding With water ponding during minor rainfall events to severe flooding during extreme rainfall events. Additionally, high tides during spring and King tides during the fall season create a nuisance that affect the residents dally lives. Now Will this affect city programs or services? The project will address Wsting Lakeside Gardens neighborhood drainage issues. The project will result in an Improved level of service to the neighborhood to reduce flooding and provide improved Ingress/egress during minor and major storm events. In addition, the wdsting water mains will be replaced, resulting in improved service and fire protection for the neighborhood. Fiscal Impact: Funds for the project are available in the Utilities CIP account Alternatives: Not to approve the requested consulting engineering services, bid the exdsting drawings and use in-house engineering and inspection services. Strategic P Ian: Strategic Plan Application: Climate Action Application: Page 494 of 899 1026 7.D Consent Bids and Purchases over $100,000 11/7/2023 45X, City of Boynton Beach " Agenda Item Request Form Meeting Date: 1117/2023 Amendment No. 1 for Purchase Order 220936 (Task Order UT -313-06) with Baxter & Woodman, Inc. for additional engineering services to support construction of the Dimick Road and Potter Road Utility stormwater and water infrastructure Improvements. Requested Action: Approve Amendment 1 to PO 220936 (Task Order UT -3D-06) with Baxter & Woodman, Inc. in the amount of $82,520.08 for additional engineering services to support construction of the Dimick Road and Potter Road Utility stormwater and water infrastructure improvements increasing the contract to $254,389.08 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 16, 2022 - August 15, 2023. On May 16, 2023, by Resolution R23-060, Commission approved the Agreement extension for no longer than 180 days (February 16, 2024). Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046- 2821-17/TP) to support implementation of the Utilities Capital Improvement Projects. Baxter & Woodman, Inc. is the engineer of record and is providing engineering services during construction for the Dimick Road and Potter Road utility stormwater and water infrastructure improvements in the Lakeside Gardens neighborhood located east of Federal Highway and adjacent to the Intracoastal Waterway. The Lakeside Gardens area is prone to flooding with water ponding during minor rainfall events to severe flooding during extreme rainfall events. Additionally, high tides during spring and King tides during the fall season create a nuisance that affect the resident's daily lives. On October 18, 2022 City Commission approved staff recommendation to Award of Bid No. UTL22-036 to the lowest responsive and responsible bidder, B&B Underground Construction Inc. with a Bid amount of $ 2,645,441,75. 1027 Since the initial bid and notice to proceed for construction, the gravity sanitary clay pipe in the neighborhood was found to be in need of replacement as it is reaching end of life and can no longer be lined. It is more efficient and a cost saving for the Utility to replace the sanitary sewer system at the same time as the stormwater and water infrastructure system improvements. The Change Order needed to replace the sanitary sewer pipe increases the contract time by 65 days and cost by $246,159.68. The initial construction completion date for this project was April 2024, and with the additional sanitary sewer replacement scope of work, the construction is projected to be completed by June 2024. The projected completion date doesn't include additional delays due to weather or unexpected field conditions. Baxter & Woodman, Inc., the engineer of record, will continue to provide engineering, construction management, and part-time inspection services. Besides additional time, the change in scope also is projected to increase the cost of the project. The increase to PO 220936 is as follows: PO 220936 $171,869.00 Amendment 1 $ 82,520.08 Total $254,389.08 How will this affect city programs or services? The project addresses existing Lakeside Gardens neighborhood drainage issues. The project will result in an improved level of service to the neighborhood to reduce flooding and provide improved ingress/egress during minor and major storm events. In addition, the existing water mains and gravity sanitary line are being replaced, resulting in improved level of service and fire protection for the neighborhood. Fiscal Impact: Funds for the project are available in the Utilities CIP accounts. Increase by $82,520.08. Attachments: 1028 Lakeside Gardens Baxter-Woodman Scope Amendment 1 20231012.pdf Baxter-Woodman wi 220936.pdf Lakeside Gardens Drainage Improvements Project Area Map.pdf 1029 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT` is entered into between the City of Boynton Baeoh, hereinafter referred to as "the CITY", and BAXTER & VVODDK4AN. INC. DBA K8ATHEVVS CON8ULT|NG, A BAXTER &N0ODMAN COMPANY, hereinafter referred to as "the CONSULTANT^.inconsideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Goohun 287.055. Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City m Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City nfBoynton Beach, RFQ No. 040'2821'17/TP;ond WHEREAS, the City Commission designated CONSULTANT asone of several 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 byway ofindividual task orders, nxthe request ofthe CITY during the term of this Agreement, including the provision ofall labor, materials, equipment and supplies. The specified projects which may beassigned 0oCONSULTANT ioinconjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services L� Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees ooperform work assigned by Task O under such terms aoset forth inthe Task Ordonx The terms m the Task 0nder(o)shall besupplemental mthe terms o[this Agreement. ' The term ^Aumem,m^has the same meaning asthe term ^commm^. Boynton Beach Utilities General Consulting Services v.5CLEAN FINAL C-1 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub -consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: 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, and 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. 1.2.4 During the preliminary services 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; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 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. 1.2.4.2 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. 1.2.4.3 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 1.2.4.4 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; Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-2 1031 assist the CITY in matters relating operations review or operating permit non-compliance; assist with startup and operator training for newly installed nrmodified equipment and pmneonen, and in the preparation of operating, maintenance and staffing manuals for the project. 1.u.sBASIC SERVICES: The CONSULTANT shall consult and advise the CITY inthe following and scope ofthe work to be performed; prepare detailed construction drawings and specifications; revise and updom, where n00000am previously uonign*o construction plans and specifications, whether inwhole orin part. Vubeincorporated into the proposed work and prepare construction documents and final estimate ofprobable Construction Cost. The final design services shall bo provided inenelectronic format, and shall also include furnishing uptosix (8) copies of plans and enecifioohnno to the CITY; the exact number needed shall bedetermined bythe CITY. 1�.6 Final design services shall also include preparation ofpermit applications asmay be required by such agencies as have legal review authority over the project. These applications —shall include _but not _– limited __ site plan approvals mother permits and work efforts and shall also consist of meetings axstaff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phuue, permit application oemiuoo do not include applications requiring environmental impact statements o, environmental assessments, consumptive use permits and landfill permits. 1.2.61 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 bythe CITY, design development documents ofdrawings and other documents hofix and describe the size and character of each project's civil engineering, environmental, |endocape, mmhiksduo/|, mtmcturn|, menhaniva|, and o|ecthoo| systems and any other requirements orsystems, materials and such niho, elements as may be appropriate for o complete project. The CONSULTANT shall also advise the CITY of any adjustments mthe preliminary estimate ufprobable Construction Costo. 1202 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope onquality nfthe project orinthe construction budget shall prepare Construction Documents within the number cdcalendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications netting forth in detail the requirements for the construction ofthe project. 1.2.0.3 The CONSULTANT ohmU assist the CITY in the preparation of the necessary proposal information and forms. 12.6.4 The CONSULTANT shall advise the CITY ofany adjustments m Boynton Beach ummc -umemcunsomo muvwm V.5 CLEAN FINAL C-3 previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 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. 1.2.6.6 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. 1.2.6.7 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 for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm 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 advises the CITY that all work has been performed as required. A 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. 1.2.6.9 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. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-4 1033 proposals mnegotiated proposals, and assist in preparing contracts for construction. 1.28.1 The CONSULTANT ohoU review and analyze the proposals received by the CITY and shall make arecommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 12.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment aoadesign professional and in supplied for the general guidance of the CITY. Since CONSULTANT has no oondm| over market onnditiono. CONSULTANT does not guarantee the aoounuoy of such opinions ascompared to contractor bids or actual cost mthe CITY. If the project ionot advertised for proposals within three (3) months after delivery of Final Design P|ano, through nofault of the CONSULTANT orifeither local market conditions o,industry- wide phoenhaveuhangedbooauaaofununue|nrunemioipaoad events effecting the general level ufprices ortimes ofdelivery in the construction industry, the established Construction Cost limit may boadjusted aodetermined bythe CITY'S Representative and ooapproved bythe CITY, ifnecessary. Additionally, CITY expands oproject scope ofwork after the CONSULTANT renders the Final estimated probable Construction Com of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed mbythe parties hereto. 1.2.8.3 The CONSULTANT ohe|| provide the CITY with o list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid oon*emnoou 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appmpheoa, to dahfy, co,ect, or change proposal documents. 1.2.8.6 |fPre-Qualification ofbidders iorequired aoset forth inthe Request for Proposals orInvitation h,Bid (hwo'stepbid pmoeao). CONSULTANT shall assist the CITY, ifrequested indeveloping qualifications nriteho, review qualifications and recommend acceptance o,rejection vvthe bidders. 1.2.8.7 If requested, CONSULTANT nxaU evaluate pmpnna|u and bidders, and make recommendations regarding any award bythe 12.9 The CITY shall make decision onall claims regarding interpretation ofthe Construction Documents, and onall other matters relating mthe execution and progress of the Work after receiving m recommendation from the CONSULTANT. The CONSULTANT shall check anhodu|oo, shop drawings and other submissions for the limited purpose of checking conformance with the concept ofthe project, and for compliance with the information given hythe Construction Documents. The CONSULTANT shall also review change orders prepared and submitted byContractor and review and make recommendations tnthe City for progress payments to Boynton Beach Utilities General Consulting Services v.5CLEAN FINAL C-5 the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 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. 1.2.9.2 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. 1.2.10 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 Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any 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. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-6 1035 Work. 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. 1.2.12 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 AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 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. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor 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. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, 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. 1.2.16 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 identify for the CITY any 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; 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-7 1036 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; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; 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; Development and implementation of a system for the preparation, review, and processing of change orders; 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; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; 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. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-8 1037 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: 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. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. 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 material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. :• 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-9 1038 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. •'r 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. 1.3.2 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. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. 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 fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. 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 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. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-10 1039 1.4 CITY'S RESPONSIBILITIES 1�1 The CITY shall do the following inntimely manner so as not to delay the services of the CONSULTANT: 1,4.11 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, The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1�12 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and nonohoinm, upaoo, capacity and performance mquiremonts. flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT hyproviding etthe CONSULTANT'S request all available information pertinent tothe Project including previous reports and any other data relative to design or construction ofthe project, 1.4.1.4 Furnish mthe CONSULTANT, ifrequired for the performance nf CONSULTANT'S oen/ioeo (except where otherwise furnished by the CONSULTANT moAdditional Semioeu).the following: 1�1.5 Data prepared by, or services of others, including without limitations bohngu, pmbingo and subsurface explorations, hydrographic oumoyo. laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations ofall nfthe foregoing; 1.417 Environmental assessment and impact statements; 1.4.1.8 Pmpody, boundary, easement, right-of-way, topographic and utility surveys; 1.41.3 Property descriptions; 1.4110 Zoning, deed and other land use restrictions; 1.4111 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility o/the CONSULTANT; and 1.4112 Arrange for access tnmake all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT tuperform services under this Agreement. 14.1.13 Consistent with the pmfauoinne| standard of care and unless otherwise specifically provided hnein. CONSULTANT shall be mnV\|ud to na|y upon the accuracy of data and information provided by the CITY urothers without independent review or Boynton Beach uuuo ' General Consulting Services 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, 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 reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders 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. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order 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. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,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. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 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. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-12 1041 have been addressed and are not likely to be repeated in subsequent task orders. 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 task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: ❖ CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; ❖ CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS 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 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. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: 4• 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. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-13 1042 1.6.3. 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 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 two (2) 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 3.1 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 task order. 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 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. 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. Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL, C-14 1043 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. 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. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. :• Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. ❖ 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, which shall occur no later than 30 days following receipt of the invoice. 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. ❖ The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-15 1044 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. 4• The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. 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, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 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 7.1 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 the standard of care for engineering professional practicing under similar conditions. In submitting its response to the Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-16 1045 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, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 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, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable 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 to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable 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. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT'S total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services V,5 CLEAN FINAL C-17 1046 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, 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. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. 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, unless not required by statute. 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 CONSULTANT'S negligent 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, except for cancellation due to non-payment of premium. 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 $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 claim/aggregate. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-18 1047 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. 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 if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 - 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 12.1 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-19 1048 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. 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. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT or to reject the selection of a particular sub -CONSULTANT and to inspect all facilities of any SUB -CONSULTANTS in order to make a determination as to the capability of the SUB -CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB -CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 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 16 -ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-20 1049 ARTICLE 17 - NON -WAIVER 17.1 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. ARTICLE 18 — TERMINATION 18.1 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. 18.2 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 material 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. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 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. 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. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL, C-21 1050 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 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. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-22 1051 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Baxter & Woodman, Inc. dba Mathews Consulting, a Baxter & Woodman Company Attn: Rebecca Travis, Vice President 477 S. Rosemary Avenue Suite 330 West Palm Beach, FL 33401 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 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. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 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. 26.2 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-23 1052 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT 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 STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ�7a BBFL.US Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-24 1053 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL, NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE, ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. 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: as, DATED this day of 20 /t - — MATHEWS CONSULTING, CITY OF BOYNTON BEACH A BAX E & WOODMA OMPANY .tit. f.��Li�..at^"t.,�„_ 1cp�—,• ,+r�.�.._. City Manager CONSULTANT Attest/Authenticated: �6ice�P4 fft C� 1 Title z ,, c. City 01brk App rov as t or Offs of the Ci omey Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL :� }[ E X0 a o, (Corporate 84)X 11 Q , N Attest/Authenticated : Am64!„ii%ll.�'1C/ Secretary C-25 1054 EXHIBIT "A" SCOPE D - FEE SCHEDULE FIRM: Baxter & Woodman, dba Mathews Consulting DATE: 3/27118 IPersonnel Classifications I Hourly Rate Principal $170.00 Project Manager $165.00 Senior Transportation Engineer $155.00 Senior Transportation Planner $170.00 Senior Surveyor/Mapper $150.00 Engineer $112.00 Urban Designer -- Transportation Planner -- Engineering Technician $110.00 Inspector (transportation) $90.00 GIS Specialist $135.00 CADD/Technician $92.00 Transportation Planning Techniciar -- --- Clerical/Administrative Clerical/Adrninistrative $70.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Traffic Counter $50/day Miovision Traffic System $600 per them plus $24/hr processing Subconsultant costs will be reimbursed at their invoice costs plus 10% markup Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-26 1055 EXHIBIT "B" 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 I [older" 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 he accepted as proqfofinsurance 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.) IM (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers 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 Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal ------------------------------------------------- Garage Liability Any Auto Garage Keepers Liability ------------------------------------- ------------ Excess Liability Umbrella Form -------------------------------------------------- Worker's Compensation Employer's Liability -------------------------------------------------- Property Homeowners Revocable Permit Builder's Risk -------------------------------------------------- Other - As Risk Identified MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 500,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Interchange 50,000.00 Auto Only, Bach Accident $ 1,000,000.00 Other Than Auto Only $ 100,000,00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL Each Occurrence Aggregate Each Accident Disease, Policy Limit Disease Each Employee to be determined to be determined ----------------------- Statutory Limits $ 100,000.00 $ 500,000.00 $ 100,000.00 -------------------- $ 300,000.00 Limits based on Project Cost to be determined C-27 1056 EXHIBIT "C" 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) 0 Unsatisfactory ❑ Poor ❑ Fair 0 Good 0 Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No 0 Conditional If other than yes, provide detailed explanation on a separate sheet of a er. 8. Name title, and office ofrating officer e.. Utilities Director): 9. Signature ofrating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-28 1057 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically I to 5 with 5 being the hinhp-qt renra Nib 1. I Thorough site investigation i I 2 714T 4 5 2. 1 Meetinq cost limitations 1 1 2 1 3 4 5 3. Design/results suitability 1 2 1 3 14 15 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/spec 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): 7Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically I to 6 with 5 being the hi hest score N/A 1. Specs afford competition 1 23 4 5 2. Specs complete/thorough 1 2 Tj 3 1 4-1 5 3. Accuracy of documents 1 2 3 4 5 4. . Reguirements 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 i 2 3 _4 8. Res pon e to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 —2 73 74 -5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-29 1058 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Name and title of rating officer (e.g. Utilities Director): Signature of rating —officer Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 1059 Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 14 1 5 27 Plans/Specs Accurate/Coordinated 1 2 3 1 4 5 3. _Design Constructability 1 2 3 1 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 14 1 5 5. Prod uct/Eq uipment Selection Availability 1 2 3 4 5 6. 7— 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. Prosect 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 1 Officials and/or Regulatory Agencies? 1 2 3 4 5 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc.) 1 2 3 4 5 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or associate(s) 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 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 1059 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 b Ing the hi hest score N/A 1. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-31 1060 ugh investigation of situation or activity 1 2 13 14 5 2. 1 Cooperative attitude 1 2 13 14 5 3. 1 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 solving? 1 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: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-31 1060 �� /�\+wnEvvS� CONSULTING August 13, 2018 Mn |lyoeTrieuUnon Purchasing Manager City mwBoynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435'0310 Telephone 561-742-6322 Subject. RfQNo. 046-282M-17I7P Resolution No. Rf8-Y*3 General Engineering Services Agreement Category Scope D—Transportation Dnar|lyno Please find enclosed one (1) original signed copy of the above referenced Agreement for General Consulting Gemices, Scope Category D—Tmnaportatinn Services and a copy ofour Certificate ofInsurance. |fyou have any questions, please contact me. MATHEVVS CONSULTING, ABuxter and Woodman Company 4e4w�- Rebecca TP.E. Vice President /Region Manager West Palm Beach Enclosures moFile eovaonroora.uo/Bo,Bc 477 S. Rosemary Ave, Suite aauWest Palm Beach, FL 33401 ` 561,655,6175 ATE A O CERTIFICATE OF LIABILITY INSURANCE D8/13/20 6Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies Company 650 Dundee Road Suite 170 Northbrook IL 60062 CONTACT NAME: PHONE (647) 412 1414 ac.Xd, NPl• EMAIL ADDRESS: INSURER($1 AFFORDING COVERAGE MAICa _ INSURERA:Valley Forge Ins Cc _ _ 20506__ INSURED Mathews Consulting, a Baxter & Woodman Inc. Company 477 S. Rosemary Ave., #330 West Palm Beach FL 33401 INSURERIS:COntinental Insurance Co X COMMERCIAL GENERAL LIABILITY INSURERC:COntinental Casual ty__Company INSURER D: INSURER E: A INSURER F: COVERAGES CERTIFICATE NUMBER-CL17122151309 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR.. LTR TYPE OF INSURANCEPOLICY Boynton Beach, FL 33435 NUMBER MM//DDIYEYYY LICYEXP MM DD/YYYY LIMITS Michael Christian/CIDyy�'`=T X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A ( CLAIMS -MADE I X� OCCUR DAMAGETO RENTED PREMISESLEoccurrence S 1 000, 000 MED EXP (Anyoneperson)___5 15, tl00 X primary/non contributory 6045072351 1/1/2018 1/1/2019 X sub to written contract_ PERSONAL B ADV INJURY IY S 1 000,000 G_EN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE I $ 2,000,000 u PRO. POLICY X LOC PRODUCTS - COMPlOP AGG $ 2,000,000 $ 1-1 OTHER. AUTOMOBILE LIABILITY COMBINED IN LE LIMIT $ 1, 000, 000 Ea accitlenl ANY AUTO BODILY INJURY (Per person) $ A _ ALL OWNED [ SCHEDULED AUTOS AUTOS 6045872348 1/1/2018 1/1/2019 BODILY INJURY (Per accident) $ X ! NON -OWNED PROPERTY DAMAGE Per a..dent $ HIRED AUTOS �X AUTOS I $ r X UMBRELLA LIAR X OCCUR I- EACH OCCURRENCE _ $ 5,000 00 B EXCESS LIAB F7CLAIMS-MADE 'AGGREGATE $ 5,000,000 DED RETENTION$ $ 6045872365 1/1/2018 1/1/2019 WORKERS COMPENSATION X PER TH- AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1 000, 000_ ANY PROPRIETOR/PARTNER/EXECUTIVE -' C OFFICER/MEMBER EXCLUDED? 'Mandetory In NH) NIA 6045872379 1/1/2018 1/1/2019 1 E. L.DISEASE -EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E . DISEASE -POLICY LIMIT E 1 000,000 C Professionl Liability 1/1/2018 1/1/2019 Per claim $5,000,000 IAEH591900841 I Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required) Re: City of Boynton Beach, RFQ No. 046-2821-17/TP. City of Boynton Beach is included as additional insured per blanket endorsement as respect GL, subject to written contract requiring same. waiver of subrogation applies GL/WC. rPOTIGIrATF WnI nII r-ANr rI I ATInN ©1988-2014 ACORD CORPORATION. All rignts reserveo. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) 1062 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E. Boynton Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE Michael Christian/CIDyy�'`=T ©1988-2014 ACORD CORPORATION. All rignts reserveo. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) 1062 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. R24-133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING TASK ORDER NO. UT -3D-06 SUPPLEMENT NO. 2 WITH BAXTER AND WOODMAN, INC., FOR LAKE GARDENS IMPROVEMENTS ENGINEERING SERVICES FOR AN AMOUNT NOT TO EXCEED $50,402, PROVIDING AN EFFECTIVE DATE, AND FOR ALL OTHER PURPOSES. WHEREAS, on December 7, 2021, the City Commission approved Task Order UT -3D-06 with Baxter and Woodman, Inc. ("Consultant"), for Lakeside Gardens Improvements Engineering Services for an amount of $171,869; and WHEREAS, on November 7, 2023, the City Commission approved Task Order UT -3D-06 Supplement No. 1 with the Consultant for Lakeside Gardens Improvements Engineering Services for an additional amount of $82,520.08; and WHEREAS, the City's Utilities Department is requesting the Consultant provide additional engineering services to support the Project that was not included in the original scope of work or Supplement No. 1, specifically regarding a sedimentation issue at the existing Dimick Road outfall pipe outlet. A company performing CCTV of the pipe discovered that the outlet was silted in and did not allow an in-line check valve to operate properly. The silt was removed, but within a few weeks, it returned, suggesting that it was a recurring problem needing further investigation. Additional services include a topographic survey, benthic survey of seagrass, design (drawings, specifications, and cost estimates), and permitting services for the proposed solution; and WHEREAS, the additional fee for the additional scope of work would be $50,402, increasing the purchase order to a new total amount of $304,791.08; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve Task Order No. UT -3D-06 Supplement No. 2 with Baxter and Woodman, Inc., for Lake Gardens Improvements Engineering Services for an amount not to exceed $50,402. 1063 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 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. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve Task Order No. UT -3D-06 Supplement No. 2, between Baxter and Woodman, Inc., and the City, in form and substance similar to that attached as "Exhibit A." SECTION 3. This Resolution shall take effect in accordance with law. PASSED AND ADOPTED this 18th day of June 2024 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 1064 7.E Meeting Date: 06/18/2024 Proposed Resolution No. R24-134- Approve a piggyback agreement with Bennett Fire Products Company, Inc., utilizing Lake County, FL, Contract # 22-730B, and Authorize the City Manager to sign the Agreement with Bennett Fire Products Company, Inc. for Fire Equipment, Supplies, and Services for an annual amount not to exceed $160,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-134. Explanation of Request: This is a budgeted item for the Fire Department bunker gear replacement program. To purchase sets of firefighting bunker gear at a discounted price via the Lake County Contract. The Lake County Contract meets the City's competitive bid requirements and allows for piggyback purchases. How will this affect city programs or services? This is equipment is vital for protecting our Firefighters in the line of duty. Fiscal Impact: The cost of this gear was planned for in this budget year. Under the Lake County contract, the vendor offers BBFR a 44% discount off retail due to being a repeat and high-volume purchaser. The vendor has given BBFR an additional 5% discount off the Lake County contract for this purchase. Attachments: R24-134 Agenda_Item_1599-2023_Bennett_Fire_Products_Piggyback_Agmt.docx Exhibit A to Resolution - Bennett Fire Products - Piggyback Agreement.pdf Exhibit A to Piggyback Agmt.pdf Exhibit B to Piggyback Agmt.pdf 1065 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. R24-134 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN THE CITY AND BENNETT FIRE PRODUCTS COMPANY INC., FOR FIRE EQUIPMENT, SUPPLIES, AND SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, in April 2022, Lake County, Florida, issued an "Invitation to Bid" (ITB) to establish contracts for Fire Equipment, Supplies, and Services; and WHEREAS, Lake County, Florida, found Bennett Fire Products Co., Inc., to be one of the lowest responsive, responsible bidders, and awarded them a one-year (1) contract, Contract No. 22-7308, commencing August 1, 2022, through July 31, 2023, with two (2) two (2) year optional renewals, with a current expiration date of July 31, 2025; and WHEREAS, the City desires to obtain Fire Equipment, Supplies, and Services ("Services") on an as -needed basis; and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to purchase the City's Fire Rescue Bunker Gear, the City's Fire Department is requesting the City enter into a Piggyback Agreement with the Vendor to provide the Services; and WHEREAS, the Vendor has provided the City with an initial proposal for Services and other equipment, supplies, and services on an as -needed basis at the rates outlined in the Lake County, Florida Agreement; and WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor for Services under the terms and conditions of the Lake County, Florida Agreement; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Lake County, Florida Agreement; and 1066 33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 34 in the best interests of the citizens and residents of the City to approve a Piggyback Agreement 35 between the City and Bennett Fire Products Company Inc., for Fire Equipment, Supplies, and 36 Services. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 39 BEACH, FLORIDA, THAT: 40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 41 being true and correct and are hereby made a specific part of this Resolution upon adoption. 42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve a Piggyback Agreement, between Bennett Fire Products Company Inc., and the City for 44 Fire Equipment, Supplies, and Services (the "Piggyback Agreement"), in form and substance similar 45 to that attached as "Exhibit A." 46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the City Manager to execute a Piggyback Agreement and such other related 48 documents as may be necessary to accomplish the purpose of this Resolution. 49 SECTION 4. One fully executed original of the Piggyback Agreement shall be retained 50 by the City Clerk as a public record of the City. A copy of the fully executed Piggyback Agreement 51 shall be provided to Kristeena Pinto and Kori Grant to forward to the Vendor. 52 SECTION 5. This Resolution shall take effect in accordance with law. 53 54 55 56 57 58 59 [signatures on following page] 1067 .E 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 1068 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BENNETT FIRE PRODUCTS COMPANY, INC. This Piggyback Agreement is made as of this _ day of , 2024 by and between Bennett Fire Products Company, Inc., with a principal address of 195 Stockwood Drive, Ste. 170, Woodstock, GA 30188, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, in April, 2022, Lake County, FL issued an "Invitation to Bid" (BID), to establish contracts for Fire Equipment, Supplies, and Services; and WHEREAS, Lake County, FL found Bennett Fire Products Company, Inc., to be one of the lowest responsive, responsible bidders, and awarded them a one-year (1) contract, Contract No. 22-730B (the "Master Agreement"), commencing August 1, 2022, through July 31, 2023, with two (2) two (2) year optional renewals, with a current expiration date of July 31, 2025; and WHEREAS, the City desires to obtain Fire Equipment, Supplies, and Services ("Services") on an as -needed basis; and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to purchase the City's Fire Rescue Bunker Gear, the City's Fire Department is requesting the City enter into a Piggyback Agreement with Vendor to provide the Services; and WHEREAS, the Vendor has provided the City with an initial proposal for Services, attached as Exhibit "A," the City desires to purchase the Services described in Exhibit A, and other equipment, supplies, and services on an as -needed basis at the rates set forth in the Master Agreement; and WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor for Services under the terms and conditions of the Master Agreement; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit `B." Piggyback Contract — Bennett Fire Products Company, Inc. 1 1069 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties, and will remain in effect until July 31, 2025. If the Master Agreement is extended, the City Manager is authorized to execute an amendment to renew the Agreement on behalf of the City. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services, as provided in Vendor's Proposal attached as Exhibit "A" on the same terms and in the same manner as set forth in the Master Agreement. except as otherwise provided herein. City may order additional Services pursuant to this Agreement on an as -needed basis, provided that City does not exceed the maximum amount set forth below. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "Lake County, FL" are hereby replaced with the "City of Boynton Beach." The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for any Services ordered during the Term in an amount not to exceed $160,000.00 per year. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Piggyback Contract — Bennett Fire Products Company, Inc. 2 1070 Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Piggyback Contract — Bcnnett Fire Products Company, Inc. 3 1071 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. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 HRMENOMMM 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E -VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E -Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. 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. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. Piggyback Contract — Bennett Fire Products Company, Inc. 4 1072 12. 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar 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. 15. 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) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub -subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based Piggyback Contract — Bennett Fire Products Company, Inc. 5 1073 in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Piggyback Contract — Bennett Fire Products Company, Inc. 6 1074 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA Daniel Dugger, City Manager Approved as to Form: Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk BENNETT FIRE PRODUCTS COMPANY. INC. (Signature) Company ba /I /I q &elyetff Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: (Signature), Witness Print Nom•••.. "AATfo�,, t ERIN SIERRA _ Notary Public, Georgia Forsyth County My Commission Expires becember21,2026 Piggyback Contract — Bennett Fire Products Company, Inc. 7 1075 EXHIBIT A VENDOR'S PROPOSAL 1076 E Quotation Bennett Fire Products Co., Inc. May 3, 2024 Boynton Beach Fire Rescue 2080 High Ridge Road Boynton Beach, FL 3342 Prices valid until September 30th, 2024. www.BennettFireProducts.com Discount in reference to Lake County, FL Contract 22-7308, expires July 31st, 2025. Contract maybe vier-ved in its entirety at www. lakecountyfl.'gov. To find information regarding this contract, follow the instructions below. Globe G-Xtreme 3.0 Jacket per BBFR specifications, plus Red Line flag on sleeve and Fire Department patch Retail Price - $4,042.58 each Lake County Price (44% discount) - $2,263.85 each Boynton Beach Price - $2,183.00 each 10 jackets @ $2,183.00 per jacket - $21,830.00 total Globe GPS Internal Harness Ready Trousers per BBFR specifications, plus emergency escape belt Retail Price - $3,755.22 each Lake County Price (44% discount) - $2,102.93 each Boynton Beach Price - $2,027.82 each 10 trousers @ $2,027.82 per trouser - $20,278.20 total Total for your order - $42,108.20 FOB Boynton Beach, FL Prices include shipping charges. Delivery: 90-120 days for Globe bunker gear, at time of quotation - after receipt of order Terms: net 30 days Thanks for giving us the opportunity to serve you! 1077 Josh Vandegrift, 404-747-2868, jvandegrift.bennettfireggmail.com Bennett Fire Products Co., Inc. P.O. Box 2458 Woodstock, GA 30188 www.bennettfireproducts.com Instructions for downloading Lake County/Bennett Fire Products Company contract information: Visit the website www.lakeeountyfl.gov. 1. View the left hand column, click on "Doing Business with Lake County". 2. View the left hand column, click on "View Term and Supplier Agreements". 3. Under the Search for Contracts space, type Bennett Fire 4. Contract 22-730B will appear and the full contract or parts can be downloaded. If you have trouble finding the information you need regarding this contract, or if you need additional information, please contact Danny Bennett at bennettfiregatt.net or 770/402-9910. 1078 EXHIBIT B CONTRACT BETWEEN LAKE COUNTY, FLORIDA AND BENNETT FIRE PRODUCTS COMPANY, INC. 1079 COUNTY, FL MODIFICATION OF CONTRACT Modification Number:Two (2) Contract Number: 22-730B Effective Date: 8/1/2023 Title: Fire Equipment, Supplies, and Services Effective Date: 08/01/2022 Contracting Officer: Gretchen Bechtel, CPPB Contractor Name and Address: E-mail: Gretchen.bechtel@lakecountyfl.gov Name: Bennett Fire Products Company, Inc. Telephone Number: 352-343-9839 Address: 195 Stockwood Drive, STE 170 Issued By: Procurement Services City: Woodstock, Georgia 30188 Lake County Administration Building 315 W. Main St., Suite 441 ATTENTION: Richard Bennett, benettfire@att.net Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract modification to extend the agreement for two annual terms to expire on July 31, 2025. CONTRACTOR SIGNAJURE BLOCK LAKE COUNTY SIGNATURE BLOCK Signature: _bs Signature: Gretchen Digitally signed by Print Name: -ba i o' H Sen ig tt• Gretchen Bechtel, Title: A -e s'd etie Bechtel, CPPB, CPPB, Contracting Contracting Officer 11 Date: 2023.03.03 Officer II 08:10:21 -05'00' Date: Mar -r -h 2- 1 I z�Z� E-mail: Jr> A al ef+A r e_ &_-- A- 14. A e Secondary E-mail: Distribution: Original — Bid File Copy — Contractor Contracting Officer PROCUREMENT SERVICES — DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473 Board o(County Commissioners • wim1akecountyfl.gov 1080 COUNTY, FL REAL FLORIDA - REAL CLOSE MODIFICATION OF CnNTR ACT Modification Number:One (1) Contract Number: 22-730B Effective Date: 1/17/2023 Title: Fire Equipment, Supplies, and Services Effective Date: 08/01/2022 Contracting Officer: Gretchen Bechtel, CPPB Contractor Name and Address: E-mail: Gretchen.bechtel@LakeCountyFL.gov Telephone Number: 352-343-9832 Name: Bennett Fire Products Company, Inc. Address: 195 Stockwood Drive, Suite 170 Issued By: Procurement Services City: Woodstock, Georgia 30188 Lake County Administration Building 315 W. Main St., Suite 441 ATTENTION: Richard Dann y Bennett Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: This Contract Modification Number One (1) adds the following Manufacturer to agreement: Manufacturer: Veridian Fire Protective Gear Percentage Off List: 10% off retail price Freight Included: yes In Stock / Lead Time: 150 days after receipt of order Manufacturer's Website: www.veridian.net CONTRACTOR SIGNATURE BLOCK LAKE COUNTY SIGNATURE BLOCK Signature: �G�^-�� --v-.Q--tt 6 Signature: Digitally signed by rreteh Print Name: �q r1 h y � h e �- �A-e-$1d en � re Print Name: Bechtel, CPPB_CPP13, Contracting Title: en t Title: Contracting Officer Contracting Officer 11 Officer II Date: 2023.01 27 Date: 12:25:04-0s0o' -' 27 2-D2 Date: JWiIvelr� E-mail: _. be -n>7 e-ftfI'r2 (-"' Q> •%1tt Secondary E-mail:... tense to Fire L hr,4-nuc,leeD'^q Distribution: Original Bid File Copy — Contractor Contracting Officer PROCUREMENT SERVICES — DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES P.O. Box 7800.315 W. MAIN ST., TAVARES, FL 32778 - P 352.343.9839 - F 352.343.9473 1081 Boal d of Count), Commissioners - unviv.lakeeomrtyf .gon � r J LA I KE COUNTY,FL 1 :1 1 11 k I U A - k ; AI. 1 S i CONTRACT NO. 22-730B For Fire Equipment, Supplies, and Services LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, through its Board Of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Bennett Fire Products Company, Inc. (hereinafter "Contractor") to supply Fire Equipment, Supplies, and Services to the County pursuant to County Bid number 22-730 with any included addenda (hereinafter "Bid"), with an opening date of 4/28/2022, and Contractor's Bid response dated 4/26/2022, thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. ATTACHMENTS: Addendum I & 2, Exhibit A — Scope of Work, Exhibit B — Insurance Requirements, Attachment I — Submittal Form with General Terms & Conditions acceptance, Attachment 2 — Pricing Sheet No financial obligation under this Contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this Contract. Contractor shall Submit the documents hereinafter listed prior to commencement of this Contract: N/A The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his option, declare this Contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from 8/1/2022 through 7/31/2023, except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for two (2) two (2) year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director, LAKE COUNTY, FLORIDA Yl "I", By: Gretchen Bechtel, 41PB Contracting Officer 11 Date: 7/26/2022 Distribution: Original -Bid File Copy -Contractor Copy -Department I'lZ()('I.RFMl�Nt'SI:RVI(.'I�iS A DIV IS ]ON OF I I IEOFF'ICF()F MAN AGEMF ' N FA N D BUDGE l P 0. BOX 7800.3 15 W. MAIN S 1,, 12M 44 1, FAVARLS, FL 32778 - 11 352,343.9839 - F'352,343.9473 Board ofComilv Connnis 0oncrs - wvvw_, 1-idkern- unty 11,gov 1082 COUNTY, FL 22-730 !" ` �;" '` 1 � ). office Of PrOCUrernent Services P.0, M),, 7800 a 31 11 VV Mmw S(we 441 - I iwii os, I- L "21 SOLICTATION: Fire Equipment, Supplies, and Services 04/12/2022 Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm acknowledgement by including an electronically completed copy of this addendum with submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. Ql. Section 5.0 Method of Award - Is it the County's intention to award to multiple vendors as they have done in the past? R1. Per Section 5.0 Method of Award; The County reserves the right to make awards on a lowest price basis by individual item, group of items, all or none, or a combination; with one or more Vendors Q2. Section 3.0 Delivery Requirements and Acceptance — bid calls for delivery of all products within 10 calendar days. For items in stock this is possible, but for items on order the delivery time will vary by product and brand. The delivery time can be given when a quote is requested. R2. Per Section 3.0 Delivery Requirements and Acceptance Section 3.5.1 Back order may be cancelled after the shipment period has lapsed. Cancellation of orders are at the discretion of the County. Q3. Certain manufacturers are now including a significant surcharge to our cost which is in addition to the list price. For the county to purchase these brands off this contract, a surcharge will need to be allowed. R3. The solicitation provides for percent off list price. Cost shall be in accordance with contract pricing. Any additional fees shall be borne of the vendor. FWQ "1 4 61 Firm Name: Bennett Fire Products Company, Inc. I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid: R&hard Pazmy- &2=eC Date: 4/26/2022 Page 1 of 2 1083 ADDENDUM NO. #2 Print Name: Richard Danny Bennett Title: President Primary E-mail Address: bennettfire@att.net Secondary E-mail Address: bennettfirewcb@gmail.com 22-730 Page 2 of 2 1084 0,"/ COUNTY, FL 22-730 1: office f Procu o remeiI t Services F1.0 av,iies,FI. 3,2778 SOLICTATION: Fire Equipment, Supplies, and Services 03/28/2022 Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm acknowledgement by including an electronically completed copy of this addendum with Submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. QUESTIONS/RESPONSES Ql. I reviewed the attachments for bid 22-730 on Lake County's website and it doesn't look like the attachments have any items that need to be priced. Is there a file with the equipment and supplies you would like pricing for? Rl. Attachments 2A and 213 — The vendor shall list manufacturer brands supported. Q2. I am looking at the Bid/RFP Number: 22-730 bid opportunity and wanted to find if I arn not seeing the Attachment 213, properly'? I have opened and downloaded, but I am not seeing any of the equipment or supplies listed. R2. Attachments 2A and 2B — The vendor shall list manufacturer brands supported. ACKNOWLEDGEMENT Firm Name: Bennett Fire Products Company, Inc. I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid:. hard O&wy- &Z1ZWW Date: 4/25/2022 Print Name: Richard Danny Bennett Title: President Primary E-mail Address: b ennettfire@6att. net Secondary E-mail Address: bennettfireweb@gmail.com Page 1 of 1 1085 EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES The County is establishing a vendor pool for fire equipment, supplies, and services, The County does not guarantee a dollar amount to be expended on any resulting contract(s). l_10 ET910Du-I W a t WE"I All items purchased shall be in accordance with all governmental standards to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NEPA). MSDS sheets shall be provided with the shipment of any hazardous materials as required by 29 CFR 1910.1200. 2. CONTRACTOR'S RESPONSIBILITIES Contractor shall: 2.1. Provide a website address for product and price lists for viewing and downloading. 2.2. Provide (upon request) a downloadable file of current catalog and manufacturer's price lists for the brands quoted. 2.3. Provide all labor, material, and equipment necessary for contract performance. 2.4. Provide an intensive training program to County staff regarding the use of the products or services supplied. 2.4.1. Contractor shall bare all costs of registration fees, manuals, texts, or instructional materials associated with the required training. 2.4.2. Training shall be at no additional cost to the County. 3. DELIVERY REQUIREMENTS AND ACCEPTANCE 3.1. Deliveries shall be FOB Destination —Inside Delivery. 3.2. Delivery will be to a county location named during order placement. 3.3. Deliveries shall be made within ten (10) calendar days and during regular business hours 3.3.1. Monday through Friday, 8:00 a.m. to 5:00 p.m. 3.3.2. Excludes County Holidays 3.4. Emergency orders shall be delivered within forty-eight (48) hours. 3.4.1. The County will advise when the order is an emergency. 3.4.2. Emergency/Disaster deliveries may be required during non -business hours. 3.5. Back orders shall be filled within ten (10) calendar days from the initial scheduled delivery. 3.5.1. Back orders maybe cancelled after shipment period has lapsed. Page 1 of 3 1086 EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 3.6. County staff may pick-up in person if authorized in writing by supervisor. 3.63. Contractor shall maintain a copy of the written authorization. 3.7. County reserves the right to cancel an order after the order shipment period has lapsed. 4. REBATES AND SPECIAL PROMOTIONS 4.1. All rebates and special promotions offered by a manufacturer shall be passed on to the County. 4.2. Contractor shall be responsible to notify the County of rebates or special promotions. 4.3. Special promotions shall be offered to the County if pricing is lower than contract pricing, 5. REPAIR SERVICES 5.1. Hourly rates shall be straight -time and be full compensation for labor, equipment use, travel time, and any other incidentals. 5.2. Contractor shall possess all required equipment necessary to make effective repairs. 5.3. Contractor shall be factory certified to service equipment. 5.4. Contractor shall assume risk of loss or damage to County property until returned and accepted by County. 5.5. Contractor shall submit a written estimate for each service project. 5.5.1. The estimate shall be itemized and include: 5.5.1.1. Anticipated start date and completion date. 5.5.1,.2. Number of hours at contracted hourly wages for project completion 5.5.1.3. List price of materials and discount per Attachment 2 — Pricing Sheet. 5.5.1.4. Lump sum estimates are not acceptable. 5.6. No work shall commence without a written Notice to Proceed. 5.7. All materials, workmanship, and equipment shall be subject to inspection and approval. 5.8. The Contractor shall correct all deficiencies/defects in work failing to conform to standard within ten (10) calendar days of notification at Contractor's expense. 6. TRAINING 6.1. Contractor shall supply a minimum of one (1) comprehensive repair and parts manual. 6.1.1. Manuals shall be included with equipment upon delivery. Page 2 of 3 1087 EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 6.1.2. Manuals may be electronic. 7. WARRANTY REQUIREMENTS 7,1, The Contractor agrees that all materials shall be new, warranted for their merchantability, and fit for a particular purpose. 7.2. The Contractor agrees that the product and/or service furnished shall be covered by the most favorable commercial warranty. 7.3. Contractor shall assume the risk of loss of damage to the County's property during possession and until delivery and acceptance orproperty to the County. 7.4. The Contractor shall correct all apparent or latent deficiencies, defects in work, or any work that fails to conform at the Contractor's expense within ten (10) calendar days. [The remainder of'this page intentionally left blank] Page 3 of 3 1088 EXHIBIT B — INSURANCE REQUIREMENTS 22-730 A. CONTRACTOR will purchase and maintain at all times during the term of this Contract, without cost or expense to the COUNTY, policies of insurance as indicated below, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action, for injuries received or damage to property relating to the performance of duties, services, or obligations of the CONTRACTOR under the terms and provisions of the Contract. An original certificate of insurance, indicating that CONIRACTOR has coverage in accordance with the requirements of this section must be received and accepted by the COUNTY prior to contract execution or before any work begins. It will be furnished by CONTRACTOR to the COUNTY'S Project Manager and Procurement Services Director within five working days of such request. The parties agree that the policies of insurance and confirming certificates of insurance will insure the CONTRACTOR in accordance with the following minimum limits: i. General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01.) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate Products -Completed Operations Personal & Adv. Injury Fire Damage Medical Expense Contractual Liability $1,000,000/2,000,000 $2,000,000 $1,000,000 $50,000 $5,000 Included ii. Automobile liability insurance, including owned, non -owned, and hired autos with the minimum Combined Single Limit of $1,000,000 iii. Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers compensation insurance, the CONTRACTOR must provide a notarized statement that if he or she is injured, he or she will not hold the COUNTY responsible for any payment or compensation. iv, Employers Liability with the following minimum limits and coverage: Each Accident s1,000,000 Disease -Each Employer $1,000,000 Disease -Policy Limit $1,000,000 B. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, will be named as additional insured as their interest may appear all applicable policies. Certificates of insurance must identify the RFP or ITB number in the Description of Operations section on the Certificate. C. CONTRACTOR must provide a minimum of 30 days prior written notice to the County of any change, cancellation, or nonrenewal of the required insurance. Page 1 of 2 1089 EXHIBIT B — INSURANCE REQUIREMENTS 22-730 D. Certificates of insurance must evidence a waiver of subrogation in favor of the COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium by the COUNTY. E. CONTRACTOR must provide a copy of all policy endorsements, reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation. Contracts cannot be completed without this required insurance documentation. A certificate of insurance (COI) will not be accepted in lieu of the policy endorsements. F. Certificate holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. 111.0. BOX 7800 TAVARES, FL 32778-7800 G. All self-insured retentions will appear on the certificates and will be subject to approval by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self- insured retentions; or CONTRACTOR will be required to procure a bond guaranteeing payment of losses and related claims expenses. H. The COUNTY will be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention will be the sole responsibility of the CONTRACTOR or subcontractor providing such insurance. 1. CONTRACTOR will be responsible for subcontractors and their insurance. Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and terms in accordance with the CONTRACTOR'S requirements. J. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. K. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor a failure to disapprove that insurance, will relieve CONTRACTOR of full responsibility of liability, damages, and accidents as set forth herein. [The remainder of this page is intentionally left blank.] Page 2 of 2 1090 TABLE OF CONTENTS TABLEOF CONTENTS......................................................................................................................... 1 DEFINITIONS......................................................................................................................................... 1 INSTRUCTIONS TO VENDORS........................................................................................................... 1 PREPARATION OF PROPOSALS......................................................................................................... 2 COLLUSION............................................................................................................................................ 2 PROHIBITION AGAINST CONTINGENT FEES................................................................................. 2 CONTRACTING WITH COUNTY EMPLOYEES................................................................................ 3 INCURREDEXPENSES......................................................................................................................... 3 AWARD................................................................................................................................................... 3 GRANTFUNDING.................................................................................................................................. 3 STATE REGISTRATION REQUIREMENTS........................................................................................ 4 PRIME CONTRACTOR.......................................................................................................................... 4 SUBCONTRACTING.............................................................................................................................. 4 DISADVANTAGED BUSINESSES....................................................................................................... 4 GENERAL CONTRACT CONDITIONS................................................................................................ 4 GOVERNINGLAW................................................................................................................................ 4 COMPLIANCE OF LAWS, REGULATIONS, AND LICENSES.......................................................... 4 CONTRACTEXTENSION..................................................................................................................... 5 MODIFICATION OF CONTRACT........................................................................................................ 5 ASSIGNMENT......................................................................................................................................... 5 NON-EXCLUSIVITY.............................................................................................................................. 5 OTHERAGENCIES................................................................................................................................ 5 CONTINUATIONOF WORK................................................................................................................. 5 WARRANTY........................................................................................................................................... 5 DEFICIENCIES IN WORK TO BE CORRECTED BY THE CONTRACTOR .................................... 5 COUNTYIS TAX-EXEMPT................................................................................................................... 6 SHIPPING TERMS, F.O.B. DESTINATION.......................................................................................... 6 ACCEPTANCE OF GOODS OR SERVICES......................................................................................... 6 ESTIMATED QUANTITIES................................................................................................................... 6 PURCHASE OF OTHER ITEMS............................................................................................................ 7 SAFETY................................................................................................................................................... 7 MATERIAL SAFETY DATA SHEET (MSDS)..................................................................................... 7 TOBACCO PRODUCTS......................................................................................................................... 7 CLEAN-UP............................................................................................................................................... 7 PROTECTION OF PROPERTY.............................................................................................................. 8 CERTIFICATE OF COMPETENCY/LICENSURE, PERMITS, AND FEES ....................................... 8 TRUTH IN NEGOTIATION CERTIFICATE......................................................................................... 8 COMPETENCY OF VENDORS AND ASSOCIATED SUBCONTRACTORS .................................... 8 RESPONSIBILITY AS EMPLOYER...................................................................................................... 8 MINIMUMWAGES................................................................................................................................ 9 PRICE REDETERMINATIONS.............................................................................................................. 9 INDEMNIFICATION.............................................................................................................................. 9 TERMINATION FOR CONVENIENCE................................................................................................ 9 1091 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING ................................. 9 TERMINATION FOR DEFAULT........................................................................................................... 9 FRAUD AND MISREPRESENTATION.............................................................................................. 10 RIGHTTO AUDIT................................................................................................................................ 10 PROPRIETARY/CONFIDENTIAL INFORMATION.......................................................................... 10 PUBLIC RECORDS LAW..................................................................................................................... 10 COPYRIGHTS....................................................................................................................................... 12 SOVEREIGNIMMUNITY.................................................................................................................... 12 COMPLIANCE WITH FEDERAL STANDARDS............................................................................... 12 E-VERIFY.............................................................................................................................................. 12 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) ....................... 12 FORCEMAJEURE................................................................................................................................ 13 NOCLAIM FOR DAMAGES............................................................................................................... 13 CERTIFICATION REGARDING SCRUTINIZED COMPANIES...................................................... 13 ANTI -TRAFFICKING RELATED ACTIVITIES................................................................................. 13 NOTICES............................................................................................................................................... 14 TOC Version OS.06.2021 1092 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS DEFINITIONS Contract: The agreement to perform the services set forth in a document signed by both parties with any attachments specifically incorporated. Contractor: The Vendor to whom award has been made. County: Lake County, Florida, a political subdivision of the State of Florida. Proposal: Any offer submitted in response to a solicitation. Solicitation: The written document requesting bids, quotes, or proposals from the marketplace. Vendor: Any entity responding to a solicitation or performing under any resulting contract. INSTRUCTIONS TO VENDORS A. Vendor Qualification: The County requires Vendors provide evidence of compliance with the requirements below upon request: 1. Disclosure of Employment. 2. Disclosure of Ownership. 3. Drug -Free Workplace. 4. W-9 and 8109 Forms — as required by the Internal Revenue Service. 5. Americans with Disabilities Act (ADA). 6. Conflict of Interest. 7. Debarment Disclosure Affidavit. 8. Nondiscrimination. 9. Family Leave. 10. Antitrust Laws — By acceptance of any contract, the Vendor agrees to comply with all applicable antitrust laws. B. Public Entity Crimes: Pursuant to Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. C. Contents of Solicitation and Vendors' Responsibilities: The Vendor shall be thoroughly familiar with the requirements of this solicitation. Ignorance of these matters by the Vendor will not be accepted as a basis for varying the requirements of the County, or the compensation to be paid. E. Restricted Discussions: From the date of solicitation issuance until final County action, Vendors will not discuss any part of the solicitation with any employee, agent, or other representative of the County except as expressly authorized by the designated procurement representative. The only communications that will be considered pertinent to a solicitation are appropriately signed written documents from the Vendor to the designated procurement representative and any relevant written document promulgated by the designated procurement representative. F. Changes to Proposal: Prior to the scheduled due date, a Vendor may change its Proposal by submitting a new one with a letter on the firm's letterhead, signed by an authorized agent stating that the new submittal replaces the original. The new submittal must contain the letter and all information as required in the solicitation. G. Withdrawal of Proposal: A Proposal will be irrevocable unless it is withdrawn as provided in a solicitation. A Proposal may be withdrawn, either physically or by written notice, at any time prior to solicitation award. If withdrawn by written notice, that notice must be addressed to, and received TOC Page 1 of 14 Version OS.06.2021 1093 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS by, the designated procurement representative. The letter must be on company letterhead and signed by an authorized agent of the Vendor. H. Conflicts within the Solicitation: Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Pricing Section, or any addendum issued, the order of precedence will be: the last addendum issued, the Proposal Price Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. It is incumbent upon the Vendor to identify such conflicts to the designated procurement representative prior to the Proposal due date. I. Prompt Payment Terms: Payment for all purchases by County agencies will be made in a timely manner and interest payments will be made on late payments in accordance with Part VII, Chapter 218, Florida Statutes, known as the Florida Prompt Payment Act. The Vendor may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during Proposal evaluation. PREPARATION OF PROPOSALS A. The pricing section of a solicitation defines requirements of items to be purchased and must be completed and submitted with the Proposal. Use of any other form or alteration of the form may result in rejection of the Proposal. B. The Proposal submitted must be legible. Vendors shall type or use an ink to complete the Proposal. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the bid to be rejected. C. An authorized agent of the Vendor's firm must sign the Proposal. The County may reject any Proposal not signed by an authorized agent. D. The Vendor may submit alternate Proposals for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Proposal must meet or exceed the minimum requirements and be submitted as a separate Proposal marked "Alternate Proposal." E. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. The County reserves the right to allow for clarification of questionable entries and the correction of obvious mistakes. F. Any Proposal received after the designated receipt date will be considered late and will not be considered for award. COLLUSION Where two (2) or more related parties each submit a Proposal for the same contract, such Proposals will be presumed to be collusive. Furthermore, any prior understanding, agreement, or connection between two (2) or more corporations, firms, or persons submitting a Proposal for the same materials, supplies, services, or equipment will also be presumed to be collusive. Proposals found to be collusive will be rejected. Vendors which have been found to have engaged in collusion may be considered non - responsible and may be suspended or debarred. Any contract resulting from collusive bidding may be terminated for default. PROHIBITION AGAINST CONTINGENT FEES The Vendor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Vendor to solicit or secure the Contract and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Vendor, any consideration contingent upon or resulting from the award or making of the Contract. TOC Page 2 of 14 Version OS.06.2021 1094 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS CONTRACTING WITH COUNTY EMPLOYEES Any County employee or immediate family member seeking to contract with the County shall seek a conflict of interest opinion from the County Attorney prior to submittal of a Proposal. The affected employee shall disclose the employee's assigned function within the County and interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract. INCURRED EXPENSES A solicitation does not commit the County to make an award nor will the County be responsible for any cost or expense which may be incurred by any Vendor in preparing and submitting a Proposal, or any cost or expense incurred by any Vendor prior to the execution of a purchase order or contract. AWARD A. The Contract resulting from a solicitation may be awarded to the responsible Vendor which submits a Proposal determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to reject any and all Proposals, to waive irregularities or technicalities, and to re -advertise for all or any part of this solicitation as deemed in its best interest. The County will be the sole judge of its best interest. B. When there are multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low bid, or in whichever manner deemed in the best interest of the County. This provision specifically supersedes any method of award criteria stated in the solicitation when such action is necessary to protect the best interests of the County. C. The County reserves the right to reject any and all Proposals if it is determined that prices are excessive or determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. The County reserves the right to reject offers containing terms or conditions contradictory to the County's. E. Award of a solicitation will be made to firms satisfying all necessary legal requirements to do business with the County. The County may conduct a pre -award inspection of the Vendor's site or hold a pre -award qualification hearing to determine if the Vendor can perform the requirements of a solicitation. F. The Vendor's performance as a Contractor or subcontractor on previous County contracts will be considered in evaluating the responsibility of the Vendor. G. Any tic situations will be resolved in consonance with current written County procedure. H. The County has imposed a reciprocal match local vendor preference practice to ensure an equal procurement environment for all potential vendors unless prohibited by the funding source. More information is available on Section 2-222, Local Vendor Preference. I. Award of the contract resulting from this solicitation may be predicated on compliance with and submittal of all required documents as stipulated in the solicitation. J. A Vendor wishing to protest any award decision resulting from a solicitation may do so per the Procurement Protest Procedures site. GRANT FUNDING In the event any part of a Contract is to be funded by federal, state, or other local agency monies, the Vendor hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. Contractors are advised that payments under the Contract may TOC Page 3 of 14 Version 05.06.2021 1095 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS be withheld pending completion and submission of all required forms and documents required of the Contractor pursuant to the grant funding requirements. STATE REGISTRATION REQUIREMENTS Any entity conducting business in Florida shall either be registered or have applied for registration with the Florida Department of State in accordance with Florida law, unless exempt from registration. A copy of the registration may be required prior to award of a Contract. Additional information is available by visiting the Florida Department of State home page. PRIME CONTRACTOR The Vendor awarded a Contract shall act as the Prime Contractor and will assume full responsibility for the successful performance under the Contract. The Awarded Vendor (Contractor) will be considered the sole point of contact regarding meeting all requirements of the Contract. All subcontractors may be subject to advance review by the County regarding competency and security concerns. No change in subcontractors may be made without the consent of the County after the award of the Contract. Contractor will be responsible for all insurance, permits, licenses, and related matters for any and all subcontractors. County may require the Contractor to provide any insurance certificates required by the work to be performed even if the subcontractor is self-insured. SUBCONTRACTING Unless otherwise stipulated in a solicitation, the Contractor shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Contract for default. DISADVANTAGED BUSINESSES The County has adopted policies which assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The County encourages joint ventures between majority-owned firms and qualified disadvantaged/minority/women-owned firms. GENERAL CONTRACT CONDITIONS The Contract will be binding upon and will inure to the benefit of each of the parties and respective successors and permitted assigns. The Contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by the parties. The failure of any party at any time to enforce any of the provisions of the Contract will in no way constitute or be construed as a waiver of such provision or of any other provision of the Contract, nor in any way affect the validity of, or the right to enforce, each and every provision of the Contract. Any dispute arising during Contract performance that is not readily rectified by coordination between the Contractor and the County user department will be referred to Procurement Services. GOVERNING LAW The interpretation, effect, and validity of any contract will be governed by the laws and regulations of the State of Florida, and Lake County, Florida. Venue of any court action will be solely in Lake County, Florida. The Contractor hereby waives its right to a jury trial. COMPLIANCE OF LAWS, REGULATIONS, AND LICENSES The Contractor shall comply with all federal, state, and local laws and regulations applicable to provision of the goods or services specified in a solicitation. During the term of a Contract, the Contractor assures that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the Contractor does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discriminate in any form or manner against its employees or TOC Page 4 of 14 Version OS.06.2021 1096 LAKE COUNTY. FLORIDA — GENERAL TERMS AND CONDITIONS applicants for employment. The Contractor understands that any Contract is conditioned upon the veracity of this statement. CONTRACT EXTENSION The County has the unilateral option to extend a Contract for up to ninety (90) calendar days beyond the current Contract period. In such event, the County will notify the Contractor in writing of such extensions. The Contract may be extended beyond the initial ninety (90) day extension upon mutual agreement between the County and the Contractor. Exercise of the above options requires the prior approval of the Procurement Services Director. MODIFICATION OF CONTRACT Any Contract resulting from a solicitation may be modified by mutual consent of duly authorized parties, in writing through the issuance of a modification to the Contract or purchase order as appropriate. This presumes the modification itself complies with all applicable County procedures. ASSIGNMENT The Contractor shall not assign or transfer any Contract resulting from a solicitation, including any rights, title or interest in the Contract, or its power to execute such Contract to any entity without the prior written consent of the County. This provision includes any acquisition or hostile takeover of the Contractor. Failure to comply may result in termination of the Contract for default. NON -EXCLUSIVITY It is the intent of the County to enter into an agreement that will satisfy its needs as described within a solicitation. However, the County reserves the right to perform, or cause to be performed, all or any of the work and services described in a solicitation in the manner deemed to represent its best interests. In no case will the County be liable for billings in excess of the quantity of goods or services provided under the Contract. OTHER AGENCIES Other governmental agencies may make purchases in accordance with the Contract with Contractor consent. Purchases are governed by the Contract's terms and conditions except for the change in agency name. Each agency will be responsible and liable for its own purchases for materials or services received. CONTINUATION OF WORK Any work that commences prior to, and will extend, beyond the expiration date of any Contract period must, unless tenninated by mutual written agreement between the County and the Contractor, continue until completion without change to the then current prices, terms and conditions. WARRANTY All warranties express and implied, must be made available to the County for goods and services covered by a solicitation. All goods furnished must be fully guaranteed by the Contractor against factory defects and workmanship. They will be covered by the most favorable commercial warranty given for comparable quantities of products or services and the rights and remedies provided in the Contract will be in addition to the warranty and do not limit any right afforded to the County by any other provision of a solicitation. Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty period at no expense to the County. The special conditions of a solicitation may supersede the manufacturer's standard warranty. DEFICIENCIES IN WORK TO BE CORRECTED BY THE CONTRACTOR Contractor shall promptly correct all apparent and latent deficiencies or defects in work, or any work that fails to conform to the Contract documents regardless of project completion status. All corrections TOC Page 5 of 14 Version 05.06.2021 1097 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS must be made within seven (7) calendar days after such rejected defects, deficiencies, or non - conformances are verbally reported to the Contractor by the County's project administrator. Contractor must bear all costs of correcting such rejected work. If the Contractor fails to correct the work within the period specified, the County may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within seven (7) calendar days of receipt of the notice. If the Contractor fails to correct the work within the period specified in the notice, the County may place the Contractor in default, obtain the services of another Contractor to correct the deficiencies, and charge the incumbent Contractor for these costs, either through a deduction from the final payment owed to the Contractor or through invoicing. If the Contractor fails to honor this invoice or credit memo, the County may terminate the contract for default. COUNTY IS TAX-EXEMPT When purchasing on a direct basis, the County is generally exempt from Federal Excise Taxes and all State of Florida sales and use taxes (85-8013874700C-1). Visit Lake County Tax Exemption Certificate page to print a copy of the certificate. Except for items specifically identified by the Contractor and accepted by the County for direct County purchase under the Sales Tax Recovery Program, Contractors doing business with the County are not exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor will any Contractor be authorized to use any of the County's Tax Exemptions in securing such materials. SHIPPING TERMS, F.O.B. DESTINATION The F.O.B. point for any product ordered will be F.O.B.: DESTINATION — Inside Delivery, FREIGHT ALLOWED. The County will not consider any Proposal showing a F.O.B. point other than F.O.B.: Destination — Inside Delivery. ACCEPTANCE OF GOODS OR SERVICES The products delivered as a result of a solicitation will remain the property of the Contractor, and services rendered under the Contract will not be deemed complete, until a physical inspection and actual usage of the products or services is accepted by the County and is in compliance with the terms in the contract. Any goods or services purchased as a result of a solicitation or Contract may be tested/inspected for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the County reserves the right to terminate the Contract or initiate corrective action on the part of the Contractor, to include return of any non-compliant goods to the Contractor at the Contractor's expense, requiring the Contractor to either provide a direct replacement for the item, or a full credit for the returned item. The Contractor shall not assess any additional charges for any conforming action taken by the County under this clause. The County will not be responsible to pay for any product or service that does not conform to the Contract specifications. In addition, any defective product or service or any product or service not delivered or performed by the date specified in a purchase order or Contract, may be procured by the County on the open market, and any increase in cost may be charged against the Contractor. Any cost incurred by the County in any re - procurement plus any increased product or service cost will be withheld from any monies owed to the Contractor by the County for any Contract or financial obligation. ESTIMATED QUANTITIES Estimated quantities or dollars are for the Vendor's guidance only and may be used in the award evaluation process. No guarantee is expressed or implied as to quantities or dollar value that will be used during the Contract period. The County is not obligated to place any order for a given amount subsequent TOC Page 6 of 14 Version 05.06.2021 1098 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS to the award of a solicitation. In no event will the County be liable for payments in excess of the amount due for quantities of goods or services actually ordered. PURCHASE OF OTHER ITEMS While the County has listed all major items within a solicitation, there may be ancillary or similar items purchased by the County during the term of a Contract. The Contractor will provide a price quote for the ancillary items. The County may request price quotes from all Contractors under Contract if there are multiple Contracts. The County reserves the right to award these ancillary items to the primary Contractor, another Contract Contractor based on the lowest price quoted, or to acquire the items through a separate solicitation. Although a Contract may identify specific locations to be serviced, it is hereby agreed and understood that any County department or facility may be added or deleted to the Contract at the option of the County. The location change will be addressed by formal Contract modification. The County may obtain price quotes for the additional facilities from other Vendors if fair and reasonable pricing is not obtained from the Contractor, or for other reasons at the County's discretion. It is hereby agreed and understood that the County may delete service locations when such service is no longer required, upon fourteen (14) calendar days' written notice to the Contractor. SAFETY The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work and for complying with all requirements of the Occupational Safety and Health Administration Act (OSHA). The Contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury, or loss to persons or property. The Contractor shall provide all standard equipment, work operations, safety equipment, personal protective equipment, and lighting required or mandated by State, Federal, OSHA, or Americans with Disabilities Act of 1990 (ADA) regulations. The Contractor shall designate a competent person of its organization whose duty will be the prevention of accidents at the site. This person must be literate and able to communicate fully in the English language because of the necessity to read job instructions and signs, as well as the need for conversing with County personnel. This person must be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Contract Manager. MATERIAL SAFETY DATA SHEET (MSDS) The Contractor is responsible to ensure the County has received the latest version of any MSDS required by 29 C.F.R. Section 1910.1200 with the first shipment of any hazardous material. The Contractor shall promptly provide a new MSDS to the County with the new information relevant to the specific material at any time the content of an MSDS is revised. TOBACCO PRODUCTS Tobacco use, including both smoke and smokeless tobacco, is prohibited on County owned property. CLEAN-UP If applicable, all unusable materials and debris must be removed from the premises at the end of each workday and disposed of in an appropriate manner. The Contractor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager upon final completion. TOC Page 7 of 14 Version 05.06.2021 1099 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has an interest must always be protected against damage or interrupted services by the Contractor during the term of a Contract. The Contractor will be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the Contractor's operation on the property. In the event the Contractor fails to comply with these requirements, the County reserves the right to secure the required services and charge the costs of such services back to the Contractor. CERTIFICATE OF COMPETENCY/LICENSURE, PERMITS, AND FEES Any Vendor that submits an offer in response to a County solicitation shall, at the time of such offer if required, hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying the Vendor to perform the work proposed. If work for other trades is required in conjunction with a solicitation, and such work will be performed by subcontractors hired by the Vendor, an applicable Certificate of Competency/license issued to the subcontractors must be submitted with the Vendor's offer. The County may at its option and in its best interest, allow the Vendor to supply the subcontractors certificate/license to the County during the offer evaluation period. The Contractor is responsible to ensure that all required licenses, permits, and fees (to include any inspection fees) required for a project are obtained and paid for, and shall comply with all laws, ordinances, regulations, and building or other code requirements applicable to the work contemplated in a solicitation. Damages, penalties, or fines imposed on the County or the Contractor for failure to obtain required licenses, permits, inspection or other fees, or inspections will be borne by the Contractor. TRUTH IN NEGOTIATION CERTIFICATE Any organization awarded a Contract must execute a truth -in -negotiation certificate stating that the wage rates and other factual unit costs are accurate, complete, and current, at the time of contracting for each Contract that exceeds $195,000.00. Any Contract requiring this certificate will contain a provision that the original Contract price and any additions will be adjusted to exclude any significant sums by which the County determines the Contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Contract adjustments will be made within one (1) year following the end of the Contract. COMPETENCY OF VENDORS AND ASSOCIATED SUBCONTRACTORS Proposals will be considered from firms which are regularly engaged in the business of providing or distributing the goods or services described in the solicitation, and who can produce evidence of a consistent satisfactory record of performance. The County may consider any evidence available to it of the financial, technical, and other qualifications and abilities of any Vendor responding under a solicitation, including past performance with the County. Vendors must have sufficient financial support and organization to ensure satisfactory delivery under the stated solicitation terms and conditions of any Contract awarded. In the event the Vendor intends to subcontract any part of its work or will obtain the goods specifically offered under the Contract from another source of supply, the Vendor may be required to verify the competency of its subcontractor or supplier. The County reserves the right, before awarding the Contract, to require a Vendor to submit such evidence of its or its subcontractor's qualifications. RESPONSIBILITY AS EMPLOYER The employees of the Contractor will always be considered its employees, and not an employees or agents of the County. The Contractor shall provide employees capable of performing the work as required. The County may require the Contractor to remove any employee it deems unacceptable. All employees of the Contractor may be required to wear appropriate identification. TOC Page 8 of 14 Version 05.06.2021 1100 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS MINIMUM WAGES Under the Contract, the wage rate paid to all laborers, mechanics and apprentices employed by the Contractor for the work under the Contract, must not be less than the prevailing wage rates for similar classifications of work as established by the Federal Government and enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24 (f) of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher. PRICE REDETERMINATIONS Contractor may petition for a price redetermination with documented increases in the cost of wages, fuel, or materials within 30 calendar days of the anniversary date of the Contract. Price redeterminations will be based upon changes documented by the applicable Employment Cost Index (ECI) or Producer Price Index (PPI) as published on the � . e�� QLI,;a t�tz �z °s s ty her . Contractor may petition for price redetermination for Contractor's minimum wage employees should the minimum wage increase during the Contract. Upon verification, the County may grant an increase matching the minimum wage increase. INDEMNIFICATION To the extent permitted by law, the Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County 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 or resulting from the performance of the Contract by the Contractor or its employees, agents, servants, partners, principals or subcontractors. The Contractor shall pay all claims and losses in connection with those claims and losses, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may be incurred. The Contractor expressly understands and agrees that any insurance protection required by the Contract or otherwise provided by the Contractor will in no way limit the responsibility to indemnify, keep and hold harmless and defend the County or its officers, employees, agents and instrumentalities as provided in a solicitation or any Contract arising from a solicitation. TERMINATION FOR CONVENIENCE The County, at its sole discretion, reserves the right to terminate the Contract upon thirty (30) days' written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under the Contract. The County will be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The County will be the sole judge of "reasonable costs." TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING When funds are not appropriated or otherwise made available to support continuation of performance in a current or subsequent fiscal year, the Contract will be cancelled, and the Contractor will be reimbursed for the reasonable value of any non-recurring costs incurred amortized in the price of the supplies or services/tasks delivered under the contract. TERMINATION FOR DEFAULT The County reserves the right to terminate any Contract arising from a solicitation, in part or in whole, or affect other appropriate remedy in the event the Contractor fails to perform in accordance with the terms and conditions stated in the Contract. The County further reserves the right to suspend or debar the Contractor in accordance with the County's ordinances, resolutions and administrative orders. The Contractor will be notified by letter of the County's intent to terminate and the Contractor will be given TOC Page 9 of 14 Version OS.06.2021 1101 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS ten (10) calendar days to cure the breach. In the event of termination for default, the County may procure the required goods and services from any source and use any method deemed in its best interest. All re - procurement costs will be borne by the Contractor. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations through fraud, misrepresentation or other material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or cancel any other Contracts with such individual, corporation or entity with such Contractor held responsible for all direct or indirect costs associated with termination or cancellation, including attorneys' fees. RIGHT TO AUDIT The County reserves the right to require the Contractor to submit to an audit, by any auditor of the County's choosing. The Contractor shall provide access to all of its records, which relate directly or indirectly to the contract at its place of business during regular business hours. The Contractor shall retain all records pertaining to the contract and upon request make them available to the County for three (3) complete calendar years following expiration of the contract. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. If the Contractor provides technology services, the Contractor must provide Statement of Standards for Attestations Engagements (SSAE) 16 or 18 and System and Service Organization Control (SOC) reports upon request by the County. The SOC reports must be full Type 11 reports that include the Contractor's description of control processes, and the independent auditor's evaluation of the design and operating effectiveness of controls. The cost of the reports will be paid by the Contractor. If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the Contractor to the County in excess of one percent (1%) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the County's audit must be reimbursed to the County by the Contractor. Any adjustments or payments which must be made as a result of any such audit or inspection of the Contractor's invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the County's audit findings to the Contractor. This provision is hereby considered to be included within, and applicable to, any subcontractor agreement entered into by the Contractor in performance of any work under the contract. PROPRIETARY/CONFIDENTIAL INFORMATION Vendors are hereby notified that all information submitted as part of a Proposal will be available for public inspection in compliance with Chapter 119 of the Florida Statutes (the "Public Record Act"). The Vendor should not submit any information in response to a solicitation which the Vendor considers proprietary or confidential. The submission of any information to the County in connection with a solicitation will be deemed a waiver from release of the submitted information unless such information is exempt or confidential under the Public Records Act. PUBLIC RECORDS LAW Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the contract: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TOC Page 10 of 14 Version OS.06.2021 1102 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-343-9839, PURCHASING(a,LAKECOUNTYFL.GOV, BY MAIL, OFFICE OF PROCUREMENT SERVICES, ATTN: RON FALANGA, P.O. BOX 7800 TAVARES, FL 32778. By entering into the Contract, Contractor acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under, the Contract are public records subject to the public records disclosure requirements of section 119.07(1), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any Contractor entering into a contract for services with the County is required to: A. Keep and maintain public records required by the County to perform the services and work provided pursuant to the Contract. B. Upon request from the County's custodian of public records, provide the County 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 public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion or termination of the Contract if the Contractor does not transfer the records to the County. D. Upon completion or termination of the Contract, transfer, at no cost, to the County all public records in the possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion or termination 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 or termination of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically roust be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. Requests to inspect or copy public records relating to the County's Contract for services must be made directly to the County. If Contractor receives any such request, Contractor shall instruct the requestor to contact the County. If the County does not possess the records requested, the County shall immediately notify the Contractor of such request, and the Contractor must provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time. Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action arising from the Contractor's failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor's failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorney's fees and costs arising therefrom. Contractor authorizes County to seek TOC Page 11 of 14 Version OS.06.2021 1103 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Lake County on an expedited basis to enforce the requirements of this section. COPYRIGHTS Any copyright derived from a Contract will belong to the author. The author and the Contractor shall expressly assign to the County nonexclusive, royalty free rights to use any and all information provided by the Contractor in any deliverable or report for the County's use which may include publishing in County documents and distribution as the County deems to be in its best interests. If anything included in any deliverable limits the rights of the County to use the information, the deliverable will be considered defective and not acceptable and the Contractor will not be eligible for any compensation. The County owns and retains all proprietary rights in its logos, trademarks, trade names, and copyrighted images (Intellectual Property). As such, nothing in any solicitation permits or shall be construed as authorizing Vendor or Contractor to use or display County's Intellectual Property. The County has the right to redact the County Logo displayed on any submission. SOVEREIGN IMMUNITY County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Nothing will be deemed as a waiver of immunity or the limitations of liability of County beyond any statutory limited waiver of immunity or limits of liability. Nothing will inure to the benefit of any third party for the purpose of allowing any claim against County, which would otherwise be barred under the law. COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under a Contract roust be in accordance with all governmental standards to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). E -VERIFY Upon award of a Contract, the Contractor shall utilize the U.S. Department of Homeland Security's E - Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of all new persons hired by the Contractor during the term of the Contract. The Contractor shall include in all contracts with subcontractors performing work pursuant to any Contract, an express requirement that subcontractors utilize the U.S. Department of Homeland Security's E -Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of all new employees hired by subcontractors during the term of the subcontract. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) The Contractor may be required to execute a Business Associate Agreement, pursuant to the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (codified at 42 U.S.C. Section 1320d, et. seq.), and regulations contained in 45 C.F.R. Parts 160 and 164. If the Contractor obtains any information governed by 42 U.S.C. Section 290dd-2 and the regulations implemented by the Substance Abuse and Mental Health Services Administration at 42 C.F.R. Part 2 (collectively referred to as the "SAMHSA regulations"), whether from the County or another source, while providing services to the County under the contract, the Contractor shall only use or disclose that information pursuant to the SAMHSA regulations. TOC Page 12 of 14 Version OS.06.2021 1104 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS The Contractor will also comply with any and all laws under the State of Florida governing the confidentiality of health information, including but not limited to records or other documents containing medical, mental health, or substance abuse information. FORCE MAJEURE The parties will exercise every reasonable effort to meet respective obligations under the Contract but will not be liable for delayed performance or nonperformance resulting from a force majeure. A party that becomes aware of a force majeure that will significantly delay performance will notify the other party promptly, within 15 calendar days, after if discovers the force majeure. If a force majeure occurs, the parties may execute a contract modification or change order to extend the performance schedule or make accommodations that are reasonable under the circumstances. NO CLAIM FOR DAMAGES No claim for damages or any claim other than for an extension of time may be made or asserted against the County because of any delays. No interruption, interference, inefficiency, suspension, or delay in the commencement or progress of the work will relieve the Contractor of duty to perform or give rise to any right to damages or additional compensation from the County. The Contractor's sole remedy will be the right to seek an extension to the Contract time. However, this provision will not preclude recovery of damages by the Contractor for hindrances or delays due solely to fraud, bad faith, or active interference on the part of the County. CERTIFICATION REGARDING SCRUTINIZED COMPANIES The Contractor hereby certifies that, pursuant to Section 287.135, Florida Statutes, it is not listed on the Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel. The Contractor understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorneys' fees, and costs. The Contractor further understands that any contract with the County for goods or services may be terminated at the option of the County if the Contractor is found to have submitted a false certification or has been listed on the Scrutinized Companies that Boycott Israel list or is participating in a boycott of Israel. For purchases of $1 million or more: By submitting a response to any solicitation, the Contractor hereby certifies that, pursuant to Section 287.135, Florida Statutes, it is not listed on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies with Activities in Sudan List, is not listed on the Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel, and is not engaged in business operations in Cuba or Syria. The Contractor understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorneys' fees, and costs. The Contractor further understands that any contract with the County for goods or services of $1 million or more may be terminated at the option of the County if the Contractor is found to have submitted a false certification or has been listed on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies with Activities in Sudan List, is listed on the Scrutinized Companies that Boycott Israel list or is participating in a boycott of Israel, or is engaged in business operations in Cuba or Syria. ANTI -TRAFFICKING RELATED ACTIVITIES The U.S. Government has adopted a policy prohibiting trafficking in persons including the trafficking - related activities listed below. These prohibitions specifically apply to come federally funded contracts and prohibit contractors, contractor employees, and their agents from: A. Engaging in severe forms of trafficking in persons during the period of performance of the contract; TOC Page 13 of 14 Version 05.06.2021 1105 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS B. Procuring commercial sex acts during the period of performance of the contract; C. Using forced labor in the performance of the contract; D. Destroying, concealing, confiscating, or otherwise denying access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; E. Using misleading or fraudulent practices during the recruitment of employees; F. Charging employees or potential employees recruitment fees; G. Failing to provide return transportation or paying for the cost of return transportation upon the end of employment for certain employees; H. Providing or arrange housing that fails to meet the host country housing and safety standards; or Failing to provide an employment contract, recruitment agreement, or other required work documents in writing, as required by law or contract. NOTICES All notices given by one party to the other party under a contract must be delivered to the receiving party's address set forth on the Contract either by hand, qualified courier, or e-mail and will be deemed received the day after it is transmitted. For County, it must be addressed to the Office of Procurement Services, Post Office Box 7800, 315 West Main Street, Suite 441, Tavares, Florida, 32778 or emailed to purchasing(a)lakecountyfl. o [The remainder of this page intentionally left blank] TOC Page 14 of 14 Version 05.06.2021 1106 ATTACHMENT I — SUBMITTAL FORM 22-730 The undersigned hereby declares that: Bennett Fire Products Company, Inc. has examined and accepts the specifications, terms, and conditions presented in this Solicitation, satisfies all legal requirements to do business with the County, and to furnish FIRE EQUIPMENT, SUPPLIES, AND SERVICES for which Submittals were advertised to be received no later than 3:00 P.M. Eastern time on the date stated in the solicitation or as noted in an addenda. Furthermore, the undersigned is duly authorized to execute this document and any contracts or other transactions required by award of this Solicitation. 1.0 TERM OF CONTRACT The Contract will be awarded for an initial one (1) year term with the option for two (2) subsequent two (2) year renewals. Renewals are contingent upon mutual written agreement. The Contract will commence upon the first day of the next calendar month after Board approval. The Contract remains in effect until completion of the expressed and implied warranty periods. The County reserves the right to negotiate for additional services/items similar in nature not known at time of solicitation. The Contractor shall email the County's using department Lul. g . �t y -. jq�t� !�Qlj an accurate invoice within 30 calendar days after delivery. Invoices should reference the purchase/task order, ship date, tracking number, and ship -to address, list price, percent discount, and unit cost. Failure to submit invoices in the prescribed manner will delay payment. Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. The County will remit full payment on all undisputed invoices within 45 days from receipt by the appropriate County using department. The County will pay interest not to exceed I % per month on all undisputed invoices not paid within 30 days after the due date. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Pricing submitted will remain valid for a ninety (90) day period. Vendor accepts MasterCard for payment: NO 3.0 CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS: I certify that I have reviewed the General T'crms and Conditions for Lake_ Countyj,L()rid.,-,i and accept the Lake County General Terms and Conditions dated 5/6/21 as written including the Proprietary/Confidential Information section. YES Failure to acknowledge may result in Submittal being deemed non-responsive. 4.0 CERTIFICATION REGARDING FELONY CONVICTION: Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? NO 5.0 CONFLICT OF INTEREST DISCLOSURE CERTIFICATION: Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this Submittal is made without prior understanding, agreement, or connection with any Page 1 of 3 1107 ATTACHMENT 1— SUBMITTAL FORM 22-730 corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. Confirmed, no conflict of interest, Danny Bennett 6.0 CERTIFICATION REGARDING BACKGROUND CHECKS: Under any County Contract that involves Contractor or subcontractor personnel working in proximity to minors, the Vendor hereby confirms that any personnel so employed will have successfully completed ,in initial, and subsequent annual, Certified Background Check, completed by the Contractor at no additional cost to the County. The County retains the right to request and review any associated records with or without cause, and to require replacement of any Contractor employee found in violation of this requirement. Contractor shall indemnify the County in ftill for any adverse act of any such personnel in this regard. Additional requirements may apply in this regard as included within any specific contract award. YES 7.0 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The County does not establish specific goals for minority set -asides however, participation by minority and non -minority qualified firms is strongly encouraged. If the firm is a minority firm or has obtained certification by the State of Florida, Office of Supplier Diversity, (OSD) (CMBE), please indicate the appropriate classification(s) Choose an item. Choose an item. and enter OSD Certification Number Click or tap here to enter text. and enter effective date Click or tap to enter a date. to date Click or tap to enter a date. 8.0 FEDERAL FUNDING REQUIREMENT: N/A 9.0 RECIPROCAL VENDOR PREFERENCE: N/A 10.0 GENERAL VENDOR INFORMATION: Firm Name: Bennett Fire Products Company, Inc. Street Address: 195 Stockwood Drive, Suite 170 City: Woodstock State and ZIP Code: Georgia 30188 Mailing Address (if different): PO Box 2458 Telephone: 770-402-9910 Fax: N/A Federal Identification Number / TIN: 58-2143532 DUNS Number: N/A 11.0 SUBMITTAL SIGNATURE: I hereby certify the information indicated for this Submittal is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this Submittal on behalf of the Vendor. .1, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitation as well as any attachments, exhibits, or addenda. Name of Legal Representative Submitting this Proposal: Rz�zhard Oww Date: 4/26/2022 Print Name: Richard Danny Bennett Page 2 of 3 1108 ATTACHMENT 1— SUBMITTAL FORM Title: President 22-730 Primary E-mail Address: bennettfire@att.net Secondary E-mail Address: benn.ettfireweb@gmail.com The individual signing this Submittal affirms that the facts stated herein are true and that the response to this Solicitation has been submitted on behalf of the aforementioned Vendor. [The remainder of this page is intentionally blank] Page 3 of 3 1109 ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Firm's Name Here SAVE AND SUBMIT AS AN EXCEL FILE FIRM'S WEBSITE: www.,Dbeiiii-ettf'irepLgd.u!cts,cotLi. Warehouse Location(s): Woodstock, GA Contact Information For Emergency/Disaster Services (24/7) Name: Danny Bennett Email: t - I (LL bennetthir aL.L- Emergency Phone: 770-402-9910 List manufacturer brands supported. MANUFACTURER Percent In Stock/ Off List Lead Time Freight Included WEBSITE as of 4/25/22 Globe Bunker Gear custom 44.00% 10-12 months yes wwwus.Msasafety rn Cairns Bunker Gear custom 42.00% 10-12 months yes www.us.msasafety.com Globe Accessories 10.00% 30 days yes WWW. LIS. i-risasLfetycoin Globe Footwear 31.00% 75 days yes www.us.rnsasafety.com Calms Helmets custom 25.00% 45 days yes www.us.rnsasafety.com Cairns Leather Fronts 2.00% 45 days yes www.us.msasLfetycom Cairns Helmet Parts 2.00% 30 days yes www. Lis, msasafety.con PGI Clothing custom 10.00% 3-4 months yes AAv.ID&Hncxorn PGI Hoods and Accessories 2.00% 60 days yes1�-MCXOMYI Firecraft Gloves 5.00% 10 days yes wwwJiregjjftsafety.qoi i Firecraft Gear Bags 2.00% 10 days yes wwwJirecLa_ftsafeLy.cQLn Shelby Gloves 5.00% 1-2 months yes www.shelbyElove.com Stanfield Lifeliner Hoods 2.00% 1-2 months yes www.lifeliners,com Black Diamond Rubber Boots 5.00% 4-6 months yes www.bdboots.corn 1110 E Quotation Bennett Fire Products Co., Inc. May 3, 2024 Boynton Beach Fire Rescue 2080 High Ridge Road Boynton Beach, FL 3342 Prices valid until September 30th, 2024. www.BennettFireProducts.com Discount in reference to Lake County, FL Contract 22-730B, expires July 31st, 2025. Contract maybe vier-ved in its entirety at www. lakecountyfl.'gov. To find information regarding this contract, follow the instructions below. Globe G-Xtreme 3.0 Jacket per BBFR specifications, plus Red Line flag on sleeve and Fire Department patch Retail Price - $4,042.58 each Lake County Price (44% discount) - $2,263.85 each Boynton Beach Price - $2,183.00 each 10 jackets @ $2,183.00 per jacket - $21,830.00 total Globe GPS Internal Harness Ready Trousers per BBFR specifications, plus emergency escape belt Retail Price - $3,755.22 each Lake County Price (44% discount) - $2,102.93 each Boynton Beach Price - $2,027.82 each 10 trousers @ $2,027.82 per trouser - $20,278.20 total Total for your order - $42,108.20 FOB Boynton Beach, FL Prices include shipping charges. Delivery: 90-120 days for Globe bunker gear, at time of quotation - after receipt of order Terms: net 30 days Thanks for giving us the opportunity to serve you! Josh Vandegrift, 404-747-2868, jvandearift.bennettfiregamail.com Bennett Fire Products Co., Inc. P.O. Box 2458 Woodstock, GA 30188 www.bennettfireproducts.com Instructions for downloading Lake County/Bennett Fire Products Company contract information: Visit the website www.lakeeountyfl.gov. 1. View the left hand column, click on "Doing Business with Lake County". 2. View the left hand column, click on "View Term and Supplier Agreements". 3. Under the Search for Contracts space, type Bennett Fire 4. Contract 22-730B will appear and the full contract or parts can be downloaded. If you have trouble finding the information you need regarding this contract, or if you need additional information, please contact Danny Bennett at bennettfire(a�att.net or 770/402-9910. 1112 COUNTY, FL MODIFICATION OF CONTRACT Modification Number:Two (2) Contract Number: 22-730B Effective Date: 8/1/2023 Title: Fire Equipment, Supplies, and Services Effective Date: 08/01/2022 Contracting Officer: Gretchen Bechtel, CPPB Contractor Name and Address: E-mail: Gretchen.bechtel@lakecountyfl.gov Name: Bennett Fire Products Company, Inc. Telephone Number: 352-343-9839 Address: 195 Stockwood Drive, STE 170 Issued By: Procurement Services City: Woodstock, Georgia 30188 Lake County Administration Building 315 W. Main St., Suite 441 ATTENTION: Richard Bennett, benettfire@att.net Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract modification to extend the agreement for two annual terms to expire on July 31, 2025. CONTRACTOR SIGNAJURE BLOCK LAKE COUNTY SIGNATURE BLOCK Signature: _bs Signature: Gretchen Digitally signed by Print Name: -ba i o' H Sen ig tt• Gretchen Bechtel, Title: A -e s'd etie Bechtel, CPPB, CPPB, Contracting Contracting Officer 11 Date: 2023.03.03 Officer II 08:10:21 -05'00' Date: Mar -r -h 2- 1 I z�Z� E-mail: Jr> A al ef+A r e_ &_-- A- 14. A e Secondary E-mail: Distribution: Original — Bid File Copy — Contractor Contracting Officer PROCUREMENT SERVICES — DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473 Board o(County Commissioners • wim1akecountyfl.gov 1113 COUNTY, FL REAL FLORIDA - REAL CLOSE MODIFICATION OF CnNTR ACT Modification Number:One (1) Contract Number: 22-730B Effective Date: 1/17/2023 Title: Fire Equipment, Supplies, and Services Effective Date: 08/01/2022 Contracting Officer: Gretchen Bechtel, CPPB Contractor Name and Address: E-mail: Gretchen.bechtel@LakeCountyFL.gov Telephone Number: 352-343-9832 Name: Bennett Fire Products Company, Inc. Address: 195 Stockwood Drive, Suite 170 Issued By: Procurement Services City: Woodstock, Georgia 30188 Lake County Administration Building 315 W. Main St., Suite 441 ATTENTION: Richard Dann y Bennett Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: This Contract Modification Number One (1) adds the following Manufacturer to agreement: Manufacturer: Veridian Fire Protective Gear Percentage Off List: 10% off retail price Freight Included: yes In Stock / Lead Time: 150 days after receipt of order Manufacturer's Website: www.veridian.net CONTRACTOR SIGNATURE BLOCK LAKE COUNTY SIGNATURE BLOCK Signature: �G�^-�� --v-.Q--tt 6 Signature: Digitally signed by rreteh Print Name: �q r1 h y � h e �- �A-e-$1d en � re Print Name: Bechtel, CPPB_CPP13, Contracting Title: en t Title: Contracting Officer Contracting Officer 11 Officer II Date: 2023.01 27 Date: 12:25:04-0s0o' -' 27 2-D2 Date: JWiIvelr� E-mail: _. be -n>7 e-ftfI'r2 (-"' Q> •%1tt Secondary E-mail:... tense to Fire L hr,4-nuc,leeD'^q Distribution: Original Bid File Copy — Contractor Contracting Officer PROCUREMENT SERVICES — DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES P.O. Box 7800.315 W. MAIN ST., TAVARES, FL 32778 - P 352.343.9839 - F 352.343.9473 1114 Boal d of Count), Commissioners - unviv.lakeeomrtyf .gon � r J LA I KE COUNTY,FL 1 :1 1 11 k I U A - k ; AI. 1 S i CONTRACT NO. 22-730B For Fire Equipment, Supplies, and Services LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, through its Board Of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Bennett Fire Products Company, Inc. (hereinafter "Contractor") to supply Fire Equipment, Supplies, and Services to the County pursuant to County Bid number 22-730 with any included addenda (hereinafter "Bid"), with an opening date of 4/28/2022, and Contractor's Bid response dated 4/26/2022, thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. ATTACHMENTS: Addendum I & 2, Exhibit A — Scope of Work, Exhibit B — Insurance Requirements, Attachment I — Submittal Form with General Terms & Conditions acceptance, Attachment 2 — Pricing Sheet No financial obligation under this Contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this Contract. Contractor shall Submit the documents hereinafter listed prior to commencement of this Contract: N/A The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his option, declare this Contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from 8/1/2022 through 7/31/2023, except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for two (2) two (2) year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director, LAKE COUNTY, FLORIDA Yl "I", By: Gretchen Bechtel, 41PB Contracting Officer 11 Date: 7/26/2022 Distribution: Original -Bid File Copy -Contractor Copy -Department I'lZ()('I.RFMl�Nt'SI:RVI(.'I�iS A DIV IS ]ON OF I I IEOFF'ICF()F MAN AGEMF ' N FA N D BUDGE l P 0. BOX 7800.3 15 W. MAIN S 1,, 12M 44 1, FAVARLS, FL 32778 - 11 352,343.9839 - F'352,343.9473 Board ofComilv Connnis 0oncrs - wvvw_, 1-idkern- unty 11,gov 1115 COUNTY, FL 22-730 !" ` �;" '` 1 � ). office Of PrOCUrernent Services P.0, M),, 7800 a 31 11 VV Mmw S(we 441 - I iwii os, I- L "21 SOLICTATION: Fire Equipment, Supplies, and Services 04/12/2022 Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm acknowledgement by including an electronically completed copy of this addendum with submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. Ql. Section 5.0 Method of Award - Is it the County's intention to award to multiple vendors as they have done in the past? R1. Per Section 5.0 Method of Award; The County reserves the right to make awards on a lowest price basis by individual item, group of items, all or none, or a combination; with one or more Vendors Q2. Section 3.0 Delivery Requirements and Acceptance — bid calls for delivery of all products within 10 calendar days. For items in stock this is possible, but for items on order the delivery time will vary by product and brand. The delivery time can be given when a quote is requested. R2. Per Section 3.0 Delivery Requirements and Acceptance Section 3.5.1 Back order may be cancelled after the shipment period has lapsed. Cancellation of orders are at the discretion of the County. Q3. Certain manufacturers are now including a significant surcharge to our cost which is in addition to the list price. For the county to purchase these brands off this contract, a surcharge will need to be allowed. R3. The solicitation provides for percent off list price. Cost shall be in accordance with contract pricing. Any additional fees shall be borne of the vendor. FWQ "1 4 61 Firm Name: Bennett Fire Products Company, Inc. I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid: R&hard Pazmy- &2=eC Date: 4/26/2022 Page 1 of 2 1116 ADDENDUM NO. #2 Print Name: Richard Danny Bennett Title: President Primary E-mail Address: bennettfire@att.net Secondary E-mail Address: bennettfirewcb@gmail.com 22-730 Page 2 of 2 1117 0,"/ COUNTY, FL 22-730 1: office f Procu o remeiI t Services F1.0 av,iies,FI. 3,2778 SOLICTATION: Fire Equipment, Supplies, and Services 03/28/2022 Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm acknowledgement by including an electronically completed copy of this addendum with Submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. QUESTIONS/RESPONSES Ql. I reviewed the attachments for bid 22-730 on Lake County's website and it doesn't look like the attachments have any items that need to be priced. Is there a file with the equipment and supplies you would like pricing for? Rl. Attachments 2A and 213 — The vendor shall list manufacturer brands supported. Q2. I am looking at the Bid/RFP Number: 22-730 bid opportunity and wanted to find if I arn not seeing the Attachment 213, properly'? I have opened and downloaded, but I am not seeing any of the equipment or supplies listed. R2. Attachments 2A and 2B — The vendor shall list manufacturer brands supported. ACKNOWLEDGEMENT Firm Name: Bennett Fire Products Company, Inc. I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid:. hard O&wy- &Z1ZWW Date: 4/25/2022 Print Name: Richard Danny Bennett Title: President Primary E-mail Address: b ennettfire@6att. net Secondary E-mail Address: bennettfireweb@gmail.com Page 1 of 1 1118 EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES The County is establishing a vendor pool for fire equipment, supplies, and services, The County does not guarantee a dollar amount to be expended on any resulting contract(s). l_10 ET910Du-I W a t WE"I All items purchased shall be in accordance with all governmental standards to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NEPA). MSDS sheets shall be provided with the shipment of any hazardous materials as required by 29 CFR 1910.1200. 2. CONTRACTOR'S RESPONSIBILITIES Contractor shall: 2.1. Provide a website address for product and price lists for viewing and downloading. 2.2. Provide (upon request) a downloadable file of current catalog and manufacturer's price lists for the brands quoted. 2.3. Provide all labor, material, and equipment necessary for contract performance. 2.4. Provide an intensive training program to County staff regarding the use of the products or services supplied. 2.4.1. Contractor shall bare all costs of registration fees, manuals, texts, or instructional materials associated with the required training. 2.4.2. Training shall be at no additional cost to the County. 3. DELIVERY REQUIREMENTS AND ACCEPTANCE 3.1. Deliveries shall be FOB Destination —Inside Delivery. 3.2. Delivery will be to a county location named during order placement. 3.3. Deliveries shall be made within ten (10) calendar days and during regular business hours 3.3.1. Monday through Friday, 8:00 a.m. to 5:00 p.m. 3.3.2. Excludes County Holidays 3.4. Emergency orders shall be delivered within forty-eight (48) hours. 3.4.1. The County will advise when the order is an emergency. 3.4.2. Emergency/Disaster deliveries may be required during non -business hours. 3.5. Back orders shall be filled within ten (10) calendar days from the initial scheduled delivery. 3.5.1. Back orders maybe cancelled after shipment period has lapsed. Page 1 of 3 1119 EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 3.6. County staff may pick-up in person if authorized in writing by supervisor. 3.63. Contractor shall maintain a copy of the written authorization. 3.7. County reserves the right to cancel an order after the order shipment period has lapsed. 4. REBATES AND SPECIAL PROMOTIONS 4.1. All rebates and special promotions offered by a manufacturer shall be passed on to the County. 4.2. Contractor shall be responsible to notify the County of rebates or special promotions. 4.3. Special promotions shall be offered to the County if pricing is lower than contract pricing, 5. REPAIR SERVICES 5.1. Hourly rates shall be straight -time and be full compensation for labor, equipment use, travel time, and any other incidentals. 5.2. Contractor shall possess all required equipment necessary to make effective repairs. 5.3. Contractor shall be factory certified to service equipment. 5.4. Contractor shall assume risk of loss or damage to County property until returned and accepted by County. 5.5. Contractor shall submit a written estimate for each service project. 5.5.1. The estimate shall be itemized and include: 5.5.1.1. Anticipated start date and completion date. 5.5.1,.2. Number of hours at contracted hourly wages for project completion 5.5.1.3. List price of materials and discount per Attachment 2 — Pricing Sheet. 5.5.1.4. Lump sum estimates are not acceptable. 5.6. No work shall commence without a written Notice to Proceed. 5.7. All materials, workmanship, and equipment shall be subject to inspection and approval. 5.8. The Contractor shall correct all deficiencies/defects in work failing to conform to standard within ten (10) calendar days of notification at Contractor's expense. 6. TRAINING 6.1. Contractor shall supply a minimum of one (1) comprehensive repair and parts manual. 6.1.1. Manuals shall be included with equipment upon delivery. Page 2 of 3 1120 EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 6.1.2. Manuals may be electronic. 7. WARRANTY REQUIREMENTS 7,1, The Contractor agrees that all materials shall be new, warranted for their merchantability, and fit for a particular purpose. 7.2. The Contractor agrees that the product and/or service furnished shall be covered by the most favorable commercial warranty. 7.3. Contractor shall assume the risk of loss of damage to the County's property during possession and until delivery and acceptance orproperty to the County. 7.4. The Contractor shall correct all apparent or latent deficiencies, defects in work, or any work that fails to conform at the Contractor's expense within ten (10) calendar days. [The remainder of'this page intentionally left blank] Page 3 of 3 1121 EXHIBIT B — INSURANCE REQUIREMENTS 22-730 A. CONTRACTOR will purchase and maintain at all times during the term of this Contract, without cost or expense to the COUNTY, policies of insurance as indicated below, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action, for injuries received or damage to property relating to the performance of duties, services, or obligations of the CONTRACTOR under the terms and provisions of the Contract. An original certificate of insurance, indicating that CONIRACTOR has coverage in accordance with the requirements of this section must be received and accepted by the COUNTY prior to contract execution or before any work begins. It will be furnished by CONTRACTOR to the COUNTY'S Project Manager and Procurement Services Director within five working days of such request. The parties agree that the policies of insurance and confirming certificates of insurance will insure the CONTRACTOR in accordance with the following minimum limits: i. General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01.) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate Products -Completed Operations Personal & Adv. Injury Fire Damage Medical Expense Contractual Liability $1,000,000/2,000,000 $2,000,000 $1,000,000 $50,000 $5,000 Included ii. Automobile liability insurance, including owned, non -owned, and hired autos with the minimum Combined Single Limit of $1,000,000 iii. Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers compensation insurance, the CONTRACTOR must provide a notarized statement that if he or she is injured, he or she will not hold the COUNTY responsible for any payment or compensation. iv, Employers Liability with the following minimum limits and coverage: Each Accident s1,000,000 Disease -Each Employer $1,000,000 Disease -Policy Limit $1,000,000 B. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, will be named as additional insured as their interest may appear all applicable policies. Certificates of insurance must identify the RFP or ITB number in the Description of Operations section on the Certificate. C. CONTRACTOR must provide a minimum of 30 days prior written notice to the County of any change, cancellation, or nonrenewal of the required insurance. Page 1 of 2 1122 EXHIBIT B — INSURANCE REQUIREMENTS 22-730 D. Certificates of insurance must evidence a waiver of subrogation in favor of the COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium by the COUNTY. E. CONTRACTOR must provide a copy of all policy endorsements, reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation. Contracts cannot be completed without this required insurance documentation. A certificate of insurance (COI) will not be accepted in lieu of the policy endorsements. F. Certificate holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. 111.0. BOX 7800 TAVARES, FL 32778-7800 G. All self-insured retentions will appear on the certificates and will be subject to approval by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self- insured retentions; or CONTRACTOR will be required to procure a bond guaranteeing payment of losses and related claims expenses. H. The COUNTY will be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention will be the sole responsibility of the CONTRACTOR or subcontractor providing such insurance. 1. CONTRACTOR will be responsible for subcontractors and their insurance. Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and terms in accordance with the CONTRACTOR'S requirements. J. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. K. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor a failure to disapprove that insurance, will relieve CONTRACTOR of full responsibility of liability, damages, and accidents as set forth herein. [The remainder of this page is intentionally left blank.] Page 2 of 2 1123 TABLE OF CONTENTS TABLEOF CONTENTS......................................................................................................................... 1 DEFINITIONS......................................................................................................................................... 1 INSTRUCTIONS TO VENDORS........................................................................................................... 1 PREPARATION OF PROPOSALS......................................................................................................... 2 COLLUSION............................................................................................................................................ 2 PROHIBITION AGAINST CONTINGENT FEES................................................................................. 2 CONTRACTING WITH COUNTY EMPLOYEES................................................................................ 3 INCURREDEXPENSES......................................................................................................................... 3 AWARD................................................................................................................................................... 3 GRANTFUNDING.................................................................................................................................. 3 STATE REGISTRATION REQUIREMENTS........................................................................................ 4 PRIME CONTRACTOR.......................................................................................................................... 4 SUBCONTRACTING.............................................................................................................................. 4 DISADVANTAGED BUSINESSES....................................................................................................... 4 GENERAL CONTRACT CONDITIONS................................................................................................ 4 GOVERNINGLAW................................................................................................................................ 4 COMPLIANCE OF LAWS, REGULATIONS, AND LICENSES.......................................................... 4 CONTRACTEXTENSION..................................................................................................................... 5 MODIFICATION OF CONTRACT........................................................................................................ 5 ASSIGNMENT......................................................................................................................................... 5 NON-EXCLUSIVITY.............................................................................................................................. 5 OTHERAGENCIES................................................................................................................................ 5 CONTINUATIONOF WORK................................................................................................................. 5 WARRANTY........................................................................................................................................... 5 DEFICIENCIES IN WORK TO BE CORRECTED BY THE CONTRACTOR .................................... 5 COUNTYIS TAX-EXEMPT................................................................................................................... 6 SHIPPING TERMS, F.O.B. DESTINATION.......................................................................................... 6 ACCEPTANCE OF GOODS OR SERVICES......................................................................................... 6 ESTIMATED QUANTITIES................................................................................................................... 6 PURCHASE OF OTHER ITEMS............................................................................................................ 7 SAFETY................................................................................................................................................... 7 MATERIAL SAFETY DATA SHEET (MSDS)..................................................................................... 7 TOBACCO PRODUCTS......................................................................................................................... 7 CLEAN-UP............................................................................................................................................... 7 PROTECTION OF PROPERTY.............................................................................................................. 8 CERTIFICATE OF COMPETENCY/LICENSURE, PERMITS, AND FEES ....................................... 8 TRUTH IN NEGOTIATION CERTIFICATE......................................................................................... 8 COMPETENCY OF VENDORS AND ASSOCIATED SUBCONTRACTORS .................................... 8 RESPONSIBILITY AS EMPLOYER...................................................................................................... 8 MINIMUMWAGES................................................................................................................................ 9 PRICE REDETERMINATIONS.............................................................................................................. 9 INDEMNIFICATION.............................................................................................................................. 9 TERMINATION FOR CONVENIENCE................................................................................................ 9 1124 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING ................................. 9 TERMINATION FOR DEFAULT........................................................................................................... 9 FRAUD AND MISREPRESENTATION.............................................................................................. 10 RIGHTTO AUDIT................................................................................................................................ 10 PROPRIETARY/CONFIDENTIAL INFORMATION.......................................................................... 10 PUBLIC RECORDS LAW..................................................................................................................... 10 COPYRIGHTS....................................................................................................................................... 12 SOVEREIGNIMMUNITY.................................................................................................................... 12 COMPLIANCE WITH FEDERAL STANDARDS............................................................................... 12 E-VERIFY.............................................................................................................................................. 12 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) ....................... 12 FORCEMAJEURE................................................................................................................................ 13 NOCLAIM FOR DAMAGES............................................................................................................... 13 CERTIFICATION REGARDING SCRUTINIZED COMPANIES...................................................... 13 ANTI -TRAFFICKING RELATED ACTIVITIES................................................................................. 13 NOTICES............................................................................................................................................... 14 TOC Version 05.06.2021 1125 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS DEFINITIONS Contract: The agreement to perform the services set forth in a document signed by both parties with any attachments specifically incorporated. Contractor: The Vendor to whom award has been made. County: Lake County, Florida, a political subdivision of the State of Florida. Proposal: Any offer submitted in response to a solicitation. Solicitation: The written document requesting bids, quotes, or proposals from the marketplace. Vendor: Any entity responding to a solicitation or performing under any resulting contract. INSTRUCTIONS TO VENDORS A. Vendor Qualification: The County requires Vendors provide evidence of compliance with the requirements below upon request: 1. Disclosure of Employment. 2. Disclosure of Ownership. 3. Drug -Free Workplace. 4. W-9 and 8109 Forms — as required by the Internal Revenue Service. 5. Americans with Disabilities Act (ADA). 6. Conflict of Interest. 7. Debarment Disclosure Affidavit. 8. Nondiscrimination. 9. Family Leave. 10. Antitrust Laws — By acceptance of any contract, the Vendor agrees to comply with all applicable antitrust laws. B. Public Entity Crimes: Pursuant to Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. C. Contents of Solicitation and Vendors' Responsibilities: The Vendor shall be thoroughly familiar with the requirements of this solicitation. Ignorance of these matters by the Vendor will not be accepted as a basis for varying the requirements of the County, or the compensation to be paid. E. Restricted Discussions: From the date of solicitation issuance until final County action, Vendors will not discuss any part of the solicitation with any employee, agent, or other representative of the County except as expressly authorized by the designated procurement representative. The only communications that will be considered pertinent to a solicitation are appropriately signed written documents from the Vendor to the designated procurement representative and any relevant written document promulgated by the designated procurement representative. F. Changes to Proposal: Prior to the scheduled due date, a Vendor may change its Proposal by submitting a new one with a letter on the firm's letterhead, signed by an authorized agent stating that the new submittal replaces the original. The new submittal must contain the letter and all information as required in the solicitation. G. Withdrawal of Proposal: A Proposal will be irrevocable unless it is withdrawn as provided in a solicitation. A Proposal may be withdrawn, either physically or by written notice, at any time prior to solicitation award. If withdrawn by written notice, that notice must be addressed to, and received TOC Page 1 of 14 Version OS.06.2021 1126 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS by, the designated procurement representative. The letter must be on company letterhead and signed by an authorized agent of the Vendor. H. Conflicts within the Solicitation: Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Pricing Section, or any addendum issued, the order of precedence will be: the last addendum issued, the Proposal Price Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. It is incumbent upon the Vendor to identify such conflicts to the designated procurement representative prior to the Proposal due date. I. Prompt Payment Terms: Payment for all purchases by County agencies will be made in a timely manner and interest payments will be made on late payments in accordance with Part VII, Chapter 218, Florida Statutes, known as the Florida Prompt Payment Act. The Vendor may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during Proposal evaluation. PREPARATION OF PROPOSALS A. The pricing section of a solicitation defines requirements of items to be purchased and must be completed and submitted with the Proposal. Use of any other form or alteration of the form may result in rejection of the Proposal. B. The Proposal submitted must be legible. Vendors shall type or use an ink to complete the Proposal. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the bid to be rejected. C. An authorized agent of the Vendor's firm must sign the Proposal. The County may reject any Proposal not signed by an authorized agent. D. The Vendor may submit alternate Proposals for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Proposal must meet or exceed the minimum requirements and be submitted as a separate Proposal marked "Alternate Proposal." E. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. The County reserves the right to allow for clarification of questionable entries and the correction of obvious mistakes. F. Any Proposal received after the designated receipt date will be considered late and will not be considered for award. COLLUSION Where two (2) or more related parties each submit a Proposal for the same contract, such Proposals will be presumed to be collusive. Furthermore, any prior understanding, agreement, or connection between two (2) or more corporations, firms, or persons submitting a Proposal for the same materials, supplies, services, or equipment will also be presumed to be collusive. Proposals found to be collusive will be rejected. Vendors which have been found to have engaged in collusion may be considered non - responsible and may be suspended or debarred. Any contract resulting from collusive bidding may be terminated for default. PROHIBITION AGAINST CONTINGENT FEES The Vendor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Vendor to solicit or secure the Contract and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Vendor, any consideration contingent upon or resulting from the award or making of the Contract. TOC Page 2 of 14 Version 05.06.2021 1127 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS CONTRACTING WITH COUNTY EMPLOYEES Any County employee or immediate family member seeking to contract with the County shall seek a conflict of interest opinion from the County Attorney prior to submittal of a Proposal. The affected employee shall disclose the employee's assigned function within the County and interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract. INCURRED EXPENSES A solicitation does not commit the County to make an award nor will the County be responsible for any cost or expense which may be incurred by any Vendor in preparing and submitting a Proposal, or any cost or expense incurred by any Vendor prior to the execution of a purchase order or contract. AWARD A. The Contract resulting from a solicitation may be awarded to the responsible Vendor which submits a Proposal determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to reject any and all Proposals, to waive irregularities or technicalities, and to re -advertise for all or any part of this solicitation as deemed in its best interest. The County will be the sole judge of its best interest. B. When there are multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low bid, or in whichever manner deemed in the best interest of the County. This provision specifically supersedes any method of award criteria stated in the solicitation when such action is necessary to protect the best interests of the County. C. The County reserves the right to reject any and all Proposals if it is determined that prices are excessive or determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. The County reserves the right to reject offers containing terms or conditions contradictory to the County's. E. Award of a solicitation will be made to firms satisfying all necessary legal requirements to do business with the County. The County may conduct a pre -award inspection of the Vendor's site or hold a pre -award qualification hearing to determine if the Vendor can perform the requirements of a solicitation. F. The Vendor's performance as a Contractor or subcontractor on previous County contracts will be considered in evaluating the responsibility of the Vendor. G. Any tic situations will be resolved in consonance with current written County procedure. H. The County has imposed a reciprocal match local vendor preference practice to ensure an equal procurement environment for all potential vendors unless prohibited by the funding source. More information is available on Section 2-222, Local Vendor Preference. I. Award of the contract resulting from this solicitation may be predicated on compliance with and submittal of all required documents as stipulated in the solicitation. J. A Vendor wishing to protest any award decision resulting from a solicitation may do so per the Procurement Protest Procedures site. GRANT FUNDING In the event any part of a Contract is to be funded by federal, state, or other local agency monies, the Vendor hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. Contractors are advised that payments under the Contract may TOC Page 3 of 14 Version 05.06.2021 1128 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS be withheld pending completion and submission of all required forms and documents required of the Contractor pursuant to the grant funding requirements. STATE REGISTRATION REQUIREMENTS Any entity conducting business in Florida shall either be registered or have applied for registration with the Florida Department of State in accordance with Florida law, unless exempt from registration. A copy of the registration may be required prior to award of a Contract. Additional information is available by visiting the Florida Department of State home page. PRIME CONTRACTOR The Vendor awarded a Contract shall act as the Prime Contractor and will assume full responsibility for the successful performance under the Contract. The Awarded Vendor (Contractor) will be considered the sole point of contact regarding meeting all requirements of the Contract. All subcontractors may be subject to advance review by the County regarding competency and security concerns. No change in subcontractors may be made without the consent of the County after the award of the Contract. Contractor will be responsible for all insurance, permits, licenses, and related matters for any and all subcontractors. County may require the Contractor to provide any insurance certificates required by the work to be performed even if the subcontractor is self-insured. SUBCONTRACTING Unless otherwise stipulated in a solicitation, the Contractor shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Contract for default. DISADVANTAGED BUSINESSES The County has adopted policies which assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The County encourages joint ventures between majority-owned firms and qualified disadvantaged/minority/women-owned firms. GENERAL CONTRACT CONDITIONS The Contract will be binding upon and will inure to the benefit of each of the parties and respective successors and permitted assigns. The Contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by the parties. The failure of any party at any time to enforce any of the provisions of the Contract will in no way constitute or be construed as a waiver of such provision or of any other provision of the Contract, nor in any way affect the validity of, or the right to enforce, each and every provision of the Contract. Any dispute arising during Contract performance that is not readily rectified by coordination between the Contractor and the County user department will be referred to Procurement Services. GOVERNING LAW The interpretation, effect, and validity of any contract will be governed by the laws and regulations of the State of Florida, and Lake County, Florida. Venue of any court action will be solely in Lake County, Florida. The Contractor hereby waives its right to a jury trial. COMPLIANCE OF LAWS, REGULATIONS, AND LICENSES The Contractor shall comply with all federal, state, and local laws and regulations applicable to provision of the goods or services specified in a solicitation. During the term of a Contract, the Contractor assures that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the Contractor does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discriminate in any form or manner against its employees or TOC Page 4 of 14 Version OS.06.2021 1129 LAKE COUNTY. FLORIDA — GENERAL TERMS AND CONDITIONS applicants for employment. The Contractor understands that any Contract is conditioned upon the veracity of this statement. CONTRACT EXTENSION The County has the unilateral option to extend a Contract for up to ninety (90) calendar days beyond the current Contract period. In such event, the County will notify the Contractor in writing of such extensions. The Contract may be extended beyond the initial ninety (90) day extension upon mutual agreement between the County and the Contractor. Exercise of the above options requires the prior approval of the Procurement Services Director. MODIFICATION OF CONTRACT Any Contract resulting from a solicitation may be modified by mutual consent of duly authorized parties, in writing through the issuance of a modification to the Contract or purchase order as appropriate. This presumes the modification itself complies with all applicable County procedures. ASSIGNMENT The Contractor shall not assign or transfer any Contract resulting from a solicitation, including any rights, title or interest in the Contract, or its power to execute such Contract to any entity without the prior written consent of the County. This provision includes any acquisition or hostile takeover of the Contractor. Failure to comply may result in termination of the Contract for default. NON -EXCLUSIVITY It is the intent of the County to enter into an agreement that will satisfy its needs as described within a solicitation. However, the County reserves the right to perform, or cause to be performed, all or any of the work and services described in a solicitation in the manner deemed to represent its best interests. In no case will the County be liable for billings in excess of the quantity of goods or services provided under the Contract. OTHER AGENCIES Other governmental agencies may make purchases in accordance with the Contract with Contractor consent. Purchases are governed by the Contract's terms and conditions except for the change in agency name. Each agency will be responsible and liable for its own purchases for materials or services received. CONTINUATION OF WORK Any work that commences prior to, and will extend, beyond the expiration date of any Contract period must, unless tenninated by mutual written agreement between the County and the Contractor, continue until completion without change to the then current prices, terms and conditions. WARRANTY All warranties express and implied, must be made available to the County for goods and services covered by a solicitation. All goods furnished must be fully guaranteed by the Contractor against factory defects and workmanship. They will be covered by the most favorable commercial warranty given for comparable quantities of products or services and the rights and remedies provided in the Contract will be in addition to the warranty and do not limit any right afforded to the County by any other provision of a solicitation. Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty period at no expense to the County. The special conditions of a solicitation may supersede the manufacturer's standard warranty. DEFICIENCIES IN WORK TO BE CORRECTED BY THE CONTRACTOR Contractor shall promptly correct all apparent and latent deficiencies or defects in work, or any work that fails to conform to the Contract documents regardless of project completion status. All corrections TOC Page 5 of 14 Version 05.06.2021 1130 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS must be made within seven (7) calendar days after such rejected defects, deficiencies, or non - conformances are verbally reported to the Contractor by the County's project administrator. Contractor must bear all costs of correcting such rejected work. If the Contractor fails to correct the work within the period specified, the County may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within seven (7) calendar days of receipt of the notice. If the Contractor fails to correct the work within the period specified in the notice, the County may place the Contractor in default, obtain the services of another Contractor to correct the deficiencies, and charge the incumbent Contractor for these costs, either through a deduction from the final payment owed to the Contractor or through invoicing. If the Contractor fails to honor this invoice or credit memo, the County may terminate the contract for default. COUNTY IS TAX-EXEMPT When purchasing on a direct basis, the County is generally exempt from Federal Excise Taxes and all State of Florida sales and use taxes (85-8013874700C-1). Visit Lake County Tax Exemption Certificate page to print a copy of the certificate. Except for items specifically identified by the Contractor and accepted by the County for direct County purchase under the Sales Tax Recovery Program, Contractors doing business with the County are not exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor will any Contractor be authorized to use any of the County's Tax Exemptions in securing such materials. SHIPPING TERMS, F.O.B. DESTINATION The F.O.B. point for any product ordered will be F.O.B.: DESTINATION — Inside Delivery, FREIGHT ALLOWED. The County will not consider any Proposal showing a F.O.B. point other than F.O.B.: Destination — Inside Delivery. ACCEPTANCE OF GOODS OR SERVICES The products delivered as a result of a solicitation will remain the property of the Contractor, and services rendered under the Contract will not be deemed complete, until a physical inspection and actual usage of the products or services is accepted by the County and is in compliance with the terms in the contract. Any goods or services purchased as a result of a solicitation or Contract may be tested/inspected for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the County reserves the right to terminate the Contract or initiate corrective action on the part of the Contractor, to include return of any non-compliant goods to the Contractor at the Contractor's expense, requiring the Contractor to either provide a direct replacement for the item, or a full credit for the returned item. The Contractor shall not assess any additional charges for any conforming action taken by the County under this clause. The County will not be responsible to pay for any product or service that does not conform to the Contract specifications. In addition, any defective product or service or any product or service not delivered or performed by the date specified in a purchase order or Contract, may be procured by the County on the open market, and any increase in cost may be charged against the Contractor. Any cost incurred by the County in any re - procurement plus any increased product or service cost will be withheld from any monies owed to the Contractor by the County for any Contract or financial obligation. ESTIMATED QUANTITIES Estimated quantities or dollars are for the Vendor's guidance only and may be used in the award evaluation process. No guarantee is expressed or implied as to quantities or dollar value that will be used during the Contract period. The County is not obligated to place any order for a given amount subsequent TOC Page 6 of 14 Version 05.06.2021 1131 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS to the award of a solicitation. In no event will the County be liable for payments in excess of the amount due for quantities of goods or services actually ordered. PURCHASE OF OTHER ITEMS While the County has listed all major items within a solicitation, there may be ancillary or similar items purchased by the County during the term of a Contract. The Contractor will provide a price quote for the ancillary items. The County may request price quotes from all Contractors under Contract if there are multiple Contracts. The County reserves the right to award these ancillary items to the primary Contractor, another Contract Contractor based on the lowest price quoted, or to acquire the items through a separate solicitation. Although a Contract may identify specific locations to be serviced, it is hereby agreed and understood that any County department or facility may be added or deleted to the Contract at the option of the County. The location change will be addressed by formal Contract modification. The County may obtain price quotes for the additional facilities from other Vendors if fair and reasonable pricing is not obtained from the Contractor, or for other reasons at the County's discretion. It is hereby agreed and understood that the County may delete service locations when such service is no longer required, upon fourteen (14) calendar days' written notice to the Contractor. SAFETY The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work and for complying with all requirements of the Occupational Safety and Health Administration Act (OSHA). The Contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury, or loss to persons or property. The Contractor shall provide all standard equipment, work operations, safety equipment, personal protective equipment, and lighting required or mandated by State, Federal, OSHA, or Americans with Disabilities Act of 1990 (ADA) regulations. The Contractor shall designate a competent person of its organization whose duty will be the prevention of accidents at the site. This person must be literate and able to communicate fully in the English language because of the necessity to read job instructions and signs, as well as the need for conversing with County personnel. This person must be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Contract Manager. MATERIAL SAFETY DATA SHEET (MSDS) The Contractor is responsible to ensure the County has received the latest version of any MSDS required by 29 C.F.R. Section 1910.1200 with the first shipment of any hazardous material. The Contractor shall promptly provide a new MSDS to the County with the new information relevant to the specific material at any time the content of an MSDS is revised. TOBACCO PRODUCTS Tobacco use, including both smoke and smokeless tobacco, is prohibited on County owned property. CLEAN-UP If applicable, all unusable materials and debris must be removed from the premises at the end of each workday and disposed of in an appropriate manner. The Contractor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager upon final completion. TOC Page 7 of 14 Version 05.06.2021 1132 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has an interest must always be protected against damage or interrupted services by the Contractor during the term of a Contract. The Contractor will be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the Contractor's operation on the property. In the event the Contractor fails to comply with these requirements, the County reserves the right to secure the required services and charge the costs of such services back to the Contractor. CERTIFICATE OF COMPETENCY/LICENSURE, PERMITS, AND FEES Any Vendor that submits an offer in response to a County solicitation shall, at the time of such offer if required, hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying the Vendor to perform the work proposed. If work for other trades is required in conjunction with a solicitation, and such work will be performed by subcontractors hired by the Vendor, an applicable Certificate of Competency/license issued to the subcontractors must be submitted with the Vendor's offer. The County may at its option and in its best interest, allow the Vendor to supply the subcontractors certificate/license to the County during the offer evaluation period. The Contractor is responsible to ensure that all required licenses, permits, and fees (to include any inspection fees) required for a project are obtained and paid for, and shall comply with all laws, ordinances, regulations, and building or other code requirements applicable to the work contemplated in a solicitation. Damages, penalties, or fines imposed on the County or the Contractor for failure to obtain required licenses, permits, inspection or other fees, or inspections will be borne by the Contractor. TRUTH IN NEGOTIATION CERTIFICATE Any organization awarded a Contract must execute a truth -in -negotiation certificate stating that the wage rates and other factual unit costs are accurate, complete, and current, at the time of contracting for each Contract that exceeds $195,000.00. Any Contract requiring this certificate will contain a provision that the original Contract price and any additions will be adjusted to exclude any significant sums by which the County determines the Contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Contract adjustments will be made within one (1) year following the end of the Contract. COMPETENCY OF VENDORS AND ASSOCIATED SUBCONTRACTORS Proposals will be considered from firms which are regularly engaged in the business of providing or distributing the goods or services described in the solicitation, and who can produce evidence of a consistent satisfactory record of performance. The County may consider any evidence available to it of the financial, technical, and other qualifications and abilities of any Vendor responding under a solicitation, including past performance with the County. Vendors must have sufficient financial support and organization to ensure satisfactory delivery under the stated solicitation terms and conditions of any Contract awarded. In the event the Vendor intends to subcontract any part of its work or will obtain the goods specifically offered under the Contract from another source of supply, the Vendor may be required to verify the competency of its subcontractor or supplier. The County reserves the right, before awarding the Contract, to require a Vendor to submit such evidence of its or its subcontractor's qualifications. RESPONSIBILITY AS EMPLOYER The employees of the Contractor will always be considered its employees, and not an employees or agents of the County. The Contractor shall provide employees capable of performing the work as required. The County may require the Contractor to remove any employee it deems unacceptable. All employees of the Contractor may be required to wear appropriate identification. TOC Page 8 of 14 Version 05.06.2021 1133 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS MINIMUM WAGES Under the Contract, the wage rate paid to all laborers, mechanics and apprentices employed by the Contractor for the work under the Contract, must not be less than the prevailing wage rates for similar classifications of work as established by the Federal Government and enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24 (f) of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher. PRICE REDETERMINATIONS Contractor may petition for a price redetermination with documented increases in the cost of wages, fuel, or materials within 30 calendar days of the anniversary date of the Contract. Price redeterminations will be based upon changes documented by the applicable Employment Cost Index (ECI) or Producer Price Index (PPI) as published on the � . e�� QLI,;a t�tz �z °s s ty her . Contractor may petition for price redetermination for Contractor's minimum wage employees should the minimum wage increase during the Contract. Upon verification, the County may grant an increase matching the minimum wage increase. INDEMNIFICATION To the extent permitted by law, the Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County 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 or resulting from the performance of the Contract by the Contractor or its employees, agents, servants, partners, principals or subcontractors. The Contractor shall pay all claims and losses in connection with those claims and losses, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may be incurred. The Contractor expressly understands and agrees that any insurance protection required by the Contract or otherwise provided by the Contractor will in no way limit the responsibility to indemnify, keep and hold harmless and defend the County or its officers, employees, agents and instrumentalities as provided in a solicitation or any Contract arising from a solicitation. TERMINATION FOR CONVENIENCE The County, at its sole discretion, reserves the right to terminate the Contract upon thirty (30) days' written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under the Contract. The County will be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The County will be the sole judge of "reasonable costs." TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING When funds are not appropriated or otherwise made available to support continuation of performance in a current or subsequent fiscal year, the Contract will be cancelled, and the Contractor will be reimbursed for the reasonable value of any non-recurring costs incurred amortized in the price of the supplies or services/tasks delivered under the contract. TERMINATION FOR DEFAULT The County reserves the right to terminate any Contract arising from a solicitation, in part or in whole, or affect other appropriate remedy in the event the Contractor fails to perform in accordance with the terms and conditions stated in the Contract. The County further reserves the right to suspend or debar the Contractor in accordance with the County's ordinances, resolutions and administrative orders. The Contractor will be notified by letter of the County's intent to terminate and the Contractor will be given TOC Page 9 of 14 Version OS.06.2021 1134 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS ten (10) calendar days to cure the breach. In the event of termination for default, the County may procure the required goods and services from any source and use any method deemed in its best interest. All re - procurement costs will be borne by the Contractor. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations through fraud, misrepresentation or other material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or cancel any other Contracts with such individual, corporation or entity with such Contractor held responsible for all direct or indirect costs associated with termination or cancellation, including attorneys' fees. RIGHT TO AUDIT The County reserves the right to require the Contractor to submit to an audit, by any auditor of the County's choosing. The Contractor shall provide access to all of its records, which relate directly or indirectly to the contract at its place of business during regular business hours. The Contractor shall retain all records pertaining to the contract and upon request make them available to the County for three (3) complete calendar years following expiration of the contract. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. If the Contractor provides technology services, the Contractor must provide Statement of Standards for Attestations Engagements (SSAE) 16 or 18 and System and Service Organization Control (SOC) reports upon request by the County. The SOC reports must be full Type 11 reports that include the Contractor's description of control processes, and the independent auditor's evaluation of the design and operating effectiveness of controls. The cost of the reports will be paid by the Contractor. If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the Contractor to the County in excess of one percent (1%) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the County's audit must be reimbursed to the County by the Contractor. Any adjustments or payments which must be made as a result of any such audit or inspection of the Contractor's invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the County's audit findings to the Contractor. This provision is hereby considered to be included within, and applicable to, any subcontractor agreement entered into by the Contractor in performance of any work under the contract. PROPRIETARY/CONFIDENTIAL INFORMATION Vendors are hereby notified that all information submitted as part of a Proposal will be available for public inspection in compliance with Chapter 119 of the Florida Statutes (the "Public Record Act"). The Vendor should not submit any information in response to a solicitation which the Vendor considers proprietary or confidential. The submission of any information to the County in connection with a solicitation will be deemed a waiver from release of the submitted information unless such information is exempt or confidential under the Public Records Act. PUBLIC RECORDS LAW Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the contract: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TOC Page 10 of 14 Version 05.06.2021 1135 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-343-9839, PURCHASING(a,LAKECOUNTYFL.GOV, BY MAIL, OFFICE OF PROCUREMENT SERVICES, ATTN: RON FALANGA, P.O. BOX 7800 TAVARES, FL 32778. By entering into the Contract, Contractor acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under, the Contract are public records subject to the public records disclosure requirements of section 119.07(1), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any Contractor entering into a contract for services with the County is required to: A. Keep and maintain public records required by the County to perform the services and work provided pursuant to the Contract. B. Upon request from the County's custodian of public records, provide the County 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 public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion or termination of the Contract if the Contractor does not transfer the records to the County. D. Upon completion or termination of the Contract, transfer, at no cost, to the County all public records in the possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion or termination 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 or termination of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically roust be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. Requests to inspect or copy public records relating to the County's Contract for services must be made directly to the County. If Contractor receives any such request, Contractor shall instruct the requestor to contact the County. If the County does not possess the records requested, the County shall immediately notify the Contractor of such request, and the Contractor must provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time. Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action arising from the Contractor's failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor's failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorney's fees and costs arising therefrom. Contractor authorizes County to seek TOC Page 11 of 14 Version OS.06.2021 1136 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Lake County on an expedited basis to enforce the requirements of this section. COPYRIGHTS Any copyright derived from a Contract will belong to the author. The author and the Contractor shall expressly assign to the County nonexclusive, royalty free rights to use any and all information provided by the Contractor in any deliverable or report for the County's use which may include publishing in County documents and distribution as the County deems to be in its best interests. If anything included in any deliverable limits the rights of the County to use the information, the deliverable will be considered defective and not acceptable and the Contractor will not be eligible for any compensation. The County owns and retains all proprietary rights in its logos, trademarks, trade names, and copyrighted images (Intellectual Property). As such, nothing in any solicitation permits or shall be construed as authorizing Vendor or Contractor to use or display County's Intellectual Property. The County has the right to redact the County Logo displayed on any submission. SOVEREIGN IMMUNITY County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Nothing will be deemed as a waiver of immunity or the limitations of liability of County beyond any statutory limited waiver of immunity or limits of liability. Nothing will inure to the benefit of any third party for the purpose of allowing any claim against County, which would otherwise be barred under the law. COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under a Contract roust be in accordance with all governmental standards to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). E -VERIFY Upon award of a Contract, the Contractor shall utilize the U.S. Department of Homeland Security's E - Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of all new persons hired by the Contractor during the term of the Contract. The Contractor shall include in all contracts with subcontractors performing work pursuant to any Contract, an express requirement that subcontractors utilize the U.S. Department of Homeland Security's E -Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of all new employees hired by subcontractors during the term of the subcontract. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) The Contractor may be required to execute a Business Associate Agreement, pursuant to the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (codified at 42 U.S.C. Section 1320d, et. seq.), and regulations contained in 45 C.F.R. Parts 160 and 164. If the Contractor obtains any information governed by 42 U.S.C. Section 290dd-2 and the regulations implemented by the Substance Abuse and Mental Health Services Administration at 42 C.F.R. Part 2 (collectively referred to as the "SAMHSA regulations"), whether from the County or another source, while providing services to the County under the contract, the Contractor shall only use or disclose that information pursuant to the SAMHSA regulations. TOC Page 12 of 14 Version OS.06.2021 1137 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS The Contractor will also comply with any and all laws under the State of Florida governing the confidentiality of health information, including but not limited to records or other documents containing medical, mental health, or substance abuse information. FORCE MAJEURE The parties will exercise every reasonable effort to meet respective obligations under the Contract but will not be liable for delayed performance or nonperformance resulting from a force majeure. A party that becomes aware of a force majeure that will significantly delay performance will notify the other party promptly, within 15 calendar days, after if discovers the force majeure. If a force majeure occurs, the parties may execute a contract modification or change order to extend the performance schedule or make accommodations that are reasonable under the circumstances. NO CLAIM FOR DAMAGES No claim for damages or any claim other than for an extension of time may be made or asserted against the County because of any delays. No interruption, interference, inefficiency, suspension, or delay in the commencement or progress of the work will relieve the Contractor of duty to perform or give rise to any right to damages or additional compensation from the County. The Contractor's sole remedy will be the right to seek an extension to the Contract time. However, this provision will not preclude recovery of damages by the Contractor for hindrances or delays due solely to fraud, bad faith, or active interference on the part of the County. CERTIFICATION REGARDING SCRUTINIZED COMPANIES The Contractor hereby certifies that, pursuant to Section 287.135, Florida Statutes, it is not listed on the Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel. The Contractor understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorneys' fees, and costs. The Contractor further understands that any contract with the County for goods or services may be terminated at the option of the County if the Contractor is found to have submitted a false certification or has been listed on the Scrutinized Companies that Boycott Israel list or is participating in a boycott of Israel. For purchases of $1 million or more: By submitting a response to any solicitation, the Contractor hereby certifies that, pursuant to Section 287.135, Florida Statutes, it is not listed on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies with Activities in Sudan List, is not listed on the Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel, and is not engaged in business operations in Cuba or Syria. The Contractor understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorneys' fees, and costs. The Contractor further understands that any contract with the County for goods or services of $1 million or more may be terminated at the option of the County if the Contractor is found to have submitted a false certification or has been listed on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies with Activities in Sudan List, is listed on the Scrutinized Companies that Boycott Israel list or is participating in a boycott of Israel, or is engaged in business operations in Cuba or Syria. ANTI -TRAFFICKING RELATED ACTIVITIES The U.S. Government has adopted a policy prohibiting trafficking in persons including the trafficking - related activities listed below. These prohibitions specifically apply to come federally funded contracts and prohibit contractors, contractor employees, and their agents from: A. Engaging in severe forms of trafficking in persons during the period of performance of the contract; TOC Page 13 of 14 Version 05.06.2021 1138 LAKE COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS B. Procuring commercial sex acts during the period of performance of the contract; C. Using forced labor in the performance of the contract; D. Destroying, concealing, confiscating, or otherwise denying access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; E. Using misleading or fraudulent practices during the recruitment of employees; F. Charging employees or potential employees recruitment fees; G. Failing to provide return transportation or paying for the cost of return transportation upon the end of employment for certain employees; H. Providing or arrange housing that fails to meet the host country housing and safety standards; or Failing to provide an employment contract, recruitment agreement, or other required work documents in writing, as required by law or contract. NOTICES All notices given by one party to the other party under a contract must be delivered to the receiving party's address set forth on the Contract either by hand, qualified courier, or e-mail and will be deemed received the day after it is transmitted. For County, it must be addressed to the Office of Procurement Services, Post Office Box 7800, 315 West Main Street, Suite 441, Tavares, Florida, 32778 or emailed to purchasing(a)lakecountyfl. o [The remainder of this page intentionally left blank] TOC Page 14 of 14 Version 05.06.2021 1139 ATTACHMENT I — SUBMITTAL FORM 22-730 The undersigned hereby declares that: Bennett Fire Products Company, Inc. has examined and accepts the specifications, terms, and conditions presented in this Solicitation, satisfies all legal requirements to do business with the County, and to furnish FIRE EQUIPMENT, SUPPLIES, AND SERVICES for which Submittals were advertised to be received no later than 3:00 P.M. Eastern time on the date stated in the solicitation or as noted in an addenda. Furthermore, the undersigned is duly authorized to execute this document and any contracts or other transactions required by award of this Solicitation. 1.0 TERM OF CONTRACT The Contract will be awarded for an initial one (1) year term with the option for two (2) subsequent two (2) year renewals. Renewals are contingent upon mutual written agreement. The Contract will commence upon the first day of the next calendar month after Board approval. The Contract remains in effect until completion of the expressed and implied warranty periods. The County reserves the right to negotiate for additional services/items similar in nature not known at time of solicitation. The Contractor shall email the County's using department Lul. g . �t y -. jq�t� !�Qlj an accurate invoice within 30 calendar days after delivery. Invoices should reference the purchase/task order, ship date, tracking number, and ship -to address, list price, percent discount, and unit cost. Failure to submit invoices in the prescribed manner will delay payment. Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. The County will remit full payment on all undisputed invoices within 45 days from receipt by the appropriate County using department. The County will pay interest not to exceed I % per month on all undisputed invoices not paid within 30 days after the due date. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Pricing submitted will remain valid for a ninety (90) day period. Vendor accepts MasterCard for payment: NO 3.0 CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS: I certify that I have reviewed the General T'crms and Conditions for Lake_ Countyj,L()rid.,-,i and accept the Lake County General Terms and Conditions dated 5/6/21 as written including the Proprietary/Confidential Information section. YES Failure to acknowledge may result in Submittal being deemed non-responsive. 4.0 CERTIFICATION REGARDING FELONY CONVICTION: Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? NO 5.0 CONFLICT OF INTEREST DISCLOSURE CERTIFICATION: Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this Submittal is made without prior understanding, agreement, or connection with any Page 1 of 3 1140 ATTACHMENT 1— SUBMITTAL FORM 22-730 corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. Confirmed, no conflict of interest, Danny Bennett 6.0 CERTIFICATION REGARDING BACKGROUND CHECKS: Under any County Contract that involves Contractor or subcontractor personnel working in proximity to minors, the Vendor hereby confirms that any personnel so employed will have successfully completed ,in initial, and subsequent annual, Certified Background Check, completed by the Contractor at no additional cost to the County. The County retains the right to request and review any associated records with or without cause, and to require replacement of any Contractor employee found in violation of this requirement. Contractor shall indemnify the County in ftill for any adverse act of any such personnel in this regard. Additional requirements may apply in this regard as included within any specific contract award. YES 7.0 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The County does not establish specific goals for minority set -asides however, participation by minority and non -minority qualified firms is strongly encouraged. If the firm is a minority firm or has obtained certification by the State of Florida, Office of Supplier Diversity, (OSD) (CMBE), please indicate the appropriate classification(s) Choose an item. Choose an item. and enter OSD Certification Number Click or tap here to enter text. and enter effective date Click or tap to enter a date. to date Click or tap to enter a date. 8.0 FEDERAL FUNDING REQUIREMENT: N/A 9.0 RECIPROCAL VENDOR PREFERENCE: N/A 10.0 GENERAL VENDOR INFORMATION: Firm Name: Bennett Fire Products Company, Inc. Street Address: 195 Stockwood Drive, Suite 170 City: Woodstock State and ZIP Code: Georgia 30188 Mailing Address (if different): PO Box 2458 Telephone: 770-402-9910 Fax: N/A Federal Identification Number / TIN: 58-2143532 DUNS Number: N/A 11.0 SUBMITTAL SIGNATURE: I hereby certify the information indicated for this Submittal is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this Submittal on behalf of the Vendor. .1, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitation as well as any attachments, exhibits, or addenda. Name of Legal Representative Submitting this Proposal: Rz�zhard Oww Date: 4/26/2022 Print Name: Richard Danny Bennett Page 2 of 3 1141 ATTACHMENT 1— SUBMITTAL FORM Title: President 22-730 Primary E-mail Address: bennettfire@att.net Secondary E-mail Address: benn.ettfireweb@gmail.com The individual signing this Submittal affirms that the facts stated herein are true and that the response to this Solicitation has been submitted on behalf of the aforementioned Vendor. [The remainder of this page is intentionally blank] Page 3 of 3 1142 ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Firm's Name Here SAVE AND SUBMIT AS AN EXCEL FILE FIRM'S WEBSITE: www.,Dbeiiii-ettf'irepLgd.u!cts,cotLi. Warehouse Location(s): Woodstock, GA Contact Information For Emergency/Disaster Services (24/7) Name: Danny Bennett Email: t - I (LL bennetthir aL.L- Emergency Phone: 770-402-9910 List manufacturer brands supported. MANUFACTURER Percent In Stock/ Off List Lead Time Freight Included WEBSITE as of 4/25/22 Globe Bunker Gear custom 44.00% 10-12 months yes wwwus.Msasafety rn Cairns Bunker Gear custom 42.00% 10-12 months yes www.us.msasafety.com Globe Accessories 10.00% 30 days yes WWW. LIS. i-risasLfetycoin Globe Footwear 31.00% 75 days yes www.us.rnsasafety.com Calms Helmets custom 25.00% 45 days yes www.us.rnsasafety.com Cairns Leather Fronts 2.00% 45 days yes www.us.msasLfetycom Cairns Helmet Parts 2.00% 30 days yes www. Lis, msasafety.con PGI Clothing custom 10.00% 3-4 months yes AAv.ID&Hncxorn PGI Hoods and Accessories 2.00% 60 days yes1�-MCXOMYI Firecraft Gloves 5.00% 10 days yes wwwJiregjjftsafety.qoi i Firecraft Gear Bags 2.00% 10 days yes wwwJirecLa_ftsafeLy.cQLn Shelby Gloves 5.00% 1-2 months yes www.shelbyElove.com Stanfield Lifeliner Hoods 2.00% 1-2 months yes www.lifeliners,com Black Diamond Rubber Boots 5.00% 4-6 months yes www.bdboots.corn 1143 7.F Consent Bids and Purchases over $100,000 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-135- Approve an annual expenditure increase with SAM Surveying and Mapping, LLC, utilizing RFP No. CW23-009, from an amount not to exceed $300,000 to an amount not to exceed $375,000 per year. Requested Action: Staff recommends approval of Proposed Resolution No. R24-135. Explanation of Request: On July 18, 2023, RFP No.: CW23-009 for Geographic Information System (GIS) Services was awarded to SAM Surveying and Mapping, LLC, of Austin, TX (SAM), in providing ongoing professional services for various departments within the city. The Utility Department has several GIS initiatives and projects to enhance asset management and streamline operations. The department extensively uses GIS to assist field operations, engineers, and others in creating applications and maps, tracking assets, running queries, and analyzing data. The current agreement authorizes an annual expenditure in an amount not to exceed $300,000 for these types of services. As the year one projects are finalized, the utility wants to continue GIS enhancements for year two. These projects include developing new GIS apps for the meter replacement project and emergency management, creating GIS dashboards for better data visualization, updating flow direction for improved efficiency, continued staff training to enhance GIS skills, and additional as -built work to maintain accurate records. In order to complete the additional work, it is necessary to increase the annual not to exceed expenditure amount to $375,000. How will this affect city programs or services? Approval of this request will allow the utility to work with the consultant to field verify and update the existing GIS database. An accurate GIS is essential for the operation of the utility. This information is necessary for timely emergency response and long-term planning for infrastructure needs. Accurate maps also enhance the service staff provides to contractors and customers who need to locate utility lines for various projects. 1144 Fiscal Impact: This is a budgeted item. The fiscal impact of $189,920 for year two projects, as a result of this approval and subsequent PO's, is included in the current and proposed FY 23/2024 adopted Utility budget. Attachments: R24-135 Agenda_Item_1662-2023_Resolution_for_GIS_annual_expenditure_increase.docx GIS Management Tasks for Year 2_R1 (Revised).pdf R23-091. pdf 1145 I RESOLUTION NO. R24-135 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE INCREASE OF THE ANNUAL 5 EXPENDITURE FROM $300,000 TO $375,000 OF THE SERVICES AGREEMENT 6 WITH SURVEYING AND MAPPING LLC FOR GEOGRAPHIC INFORMATION 7 SYSTEM SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, on July 18, 2023, the City Commission approved Resolution No. R23-091, 11 awarding RFP No. CW23-009 for Geographic Information System (GIS) Services to Surveying and 12 Mapping, LLC (Vendor), and approving a Professional Services Agreement; and 13 WHEREAS, the City and Vendor entered into a Services Agreement dated July 18, 2023 14 for GIS services; and 15 WHEREAS, the City desires to increase of the annual expenditure from $300,000 to 16 $375,000 for GIS services; and 17 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 18 the best interests of the citizens and residents of the City to approve the increase of the annual 19 expenditure from $300,000 to $375,000 of the Services Agreement with Surveying and Mapping 20 LLC for Geographic Information System Services. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve the increase of the annual expenditure from $300,000 to $375,000 of the Services 27 Agreement with Surveying and Mapping LLC for Geographic Information System Services. 28 SECTION 3. This Resolution shall take effect in accordance with law. 29 30 [signatures on following page] 31 1146 32 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 PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 1147 SAIA April 11, 2024 Karla Santiago Asset Management Coordinator Boynton Beach Utilities City of Boynton Beach, FL Dear Karla, Surveying And Mapping, LLC (SAM) respectfully submits the following proposal to the City of Boynton Beach for GIS data and application management. SAM is providing not -to -exceed price quotations for tasks identified through collaboration with the City of Boynton Beach. The fee schedule shown below reflects maximum estimated costs to complete each task. All travel expenses are included in the costs shown. Task descriptions are available in Attachment A. Respectfully Submitted SAM, LLC Shane Hallowell, Project Manager SAM COMPANIES 501 North Market/ Maryville, MO 64468 660-562-0050 Office sam.biz 1148 SAIA TxWl lam! MR Utility As -Built Review $46,180.00 GIS Data Management $36,400.00 GIS Application Management $32,560.00 Project Meetings $33,820.00 Miscellaneous Project Requests $21,780.00 Training $19,180.00 Total Project Estimate $189,920.00 1149 SAIA alt llfity AS-Builllt: III°teviiew Adjustment and attribution of GIS data based on available as -built documents • City will provide as -built to be used • SAM will update GIS utility data; specifically, diameter and material Description SAM will use existing as -built documents to add attribution to water line data and other utility system appurtenances that will benefit Boynton Beach's planned risk assessment. Deliverables • Updated water system data. f,xilll° E)ata Management Requested data changes and corrections from Boynton Beach Utilities personnel. • City staff will provide suggested data changes to SAM staff • SAM will prioritize requests and provide data maintenance. Initial requests may include: o Sewer line flow direction arrows o Geodatabase field cleanup o Utility Grid development and utility asset ID's o As -built hyperlinks Deliverables • Data and layer creation and revisions • Implement QA/QC processes and workflows between SAM and Boynton Beach staff GIS App�licationi Man geuinm: nt GIS application requests, adjustments, and management • SAM will make GIS application enhancements and corrections based on feedback from City staff • Such enhancements and correction may include: o Assistance with current web application processes (Lead and Copper App) o GIS Dashboard development and modifications o Application data entry SOP development o Meter Replacement Program o Damage Assessment • Program enhancements and support for applications developed and in use by Boynton Beach staff including: o Redline application and dashboards o Emergency incident management application and dashboards Deliverables • Application assistance and modifications .I„iraining Training - Provide training to utilities staff including but not limited to: • GIS Desktop: General training to edit data and perform analysis • ArcGIS Online: General training on data viewing and editing. Specific training for field crews 1150 SAIA On-site Training Provide training to all field staff on map updates and data verification Provide training on best practice for data collection and pictures Provide technical support for field and administrations staff Description SAM will provide a series of training opportunities to Boynton Beach staff. These training sessions will be offered throughout the year based on availability of all personnel involved as well as the needs of each group are identified. Training sessions will be separated based on topic, such as office personnel, field staff and application type. Project Meetings • SAM will provide quarterly on-site project meetings to review task progress • Bi -weekly project meetings will be held remotely for all project team members to provide updates to city staff Il luiscelllllla rme us III„ uroject Requests Based on experiences, it is anticipated that additional ideas or requests will become prioritized throughout the project. This task budget will allow us to address these requests. 1151 1152 Labor Category Labor Rate Hours Labor Cost Task Utility As -Built Review GIS Principal $290.00 4 $1,160.00 Project Manager $230.00 10 $2,300.00 GIS Analyst $140.00 16 $2,240.00 GIS Technician $100.00 400 $40,000.00 Clerical $120.00 4 $480.00 Total Task Cost $46,180.00 GIS Data Management GIS Principal $290.00 4 $1,160.00 Project Manager $230.00 24 $5,520.00 GIS Manager $140.00 10 $1,400.00 GIS Analyst $140.00 40 $5,600.00 GIS Technician $100.00 220 $22,000.00 Clerical $120.00 6 $720.00 Total Task Cost $36,400.00 GIS Application Management GIS Principal $290.00 4 $1,160.00 Project Manager $230.00 24 $5,520.00 GIS Analyst $140.00 160 $22,400.00 GIS Technician $100.00 30 $3,000.00 Clerical $120.00 4 $480.00 Total Task Cost $32,560.00 Project Meetings GIS Principal $290.00 5 $1,450.00 Project Manager $230.00 135 $31,050.00 Clerical $120.00 11 $1,320.00 Total Task Cost $33,820.00 Miscellaneous GIS Principal $290.00 2 $580.00 Project Manager $230.00 16 $3,680.00 GIS Manager $140.00 24 $3,360.00 GIS Analyst $140.00 30 $4,200.00 GIS Technician $100.00 90 $9,000.00 Clerical $120.00 8 $960.00 Total Task Cost $21,780.00 Training Project Manager $230.00 50 $11,500.00 GIS Analyst $140.00 48 $6,720.00 Clerical $120.00 8 $960.00 Total Task Cost $19,180.00 Proposed Total $189,920.00 1152 1153 April May June July August September October November December Task Water As -Built Review GIS Data Management GIS Application Management 1153 1 2 3 4^ 6 7 8 9 10 11 12 13 14 15 16 17 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RANKING AS RECOMMENDED BY THE SELECTION COMMITTEE AND AUTHORIZE THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH SAM SURVEYING AND MAPPING, LLC. OF AUSTIN, TX AS A RESULT OF RFP NO. CW23-0�09 FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES, WITH A NOT TO EXCEED $300,000.00 ANNUALLY; AND PROVIDING AN EFFECTIVE DWTE. WHEREAS, on April 27, 2023, RFP No.: CW23-009 for Geographic Information System (GIS) Services was advertised to invite Proposers to provide ongoing professional set -vices in GIS Services for the City's Utilities department, Public Works Department; and WHEREAS, on May 26, 2023, Purchasing received and opened three (3) proposals in response to the RFP, they were reviewed by Purchasing to ensure the proposals met the RFP requirements and two proposal were cleerned "responsive", one (1) was deemed "non - 18 responsive"; and 19 WHEREAS, the Committee's unanimous recommendation is to award the Agreement 20 to SAM Surveying and Mapping, LI -C. as the highest -ranked qualified firm; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 22 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 23, approve the ranking as recommended by the Selection Committee and authorize the City 24 Manager to sign a Professional Services Agreement with SAM Surveying and Mapping, LLC. of 25 Austin, TX as a result of RFP No. CW23-009 for Geographic Information System (GIS) Services, 26 with a not to exceed $300,000.00 annually, 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Sgcfion 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 30 as being true and correct and are hereby made a specific part of this Resolution upon 31 adoption. 32 cfion 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 approves the ranking as recommended by the Selection Committee and authorize the City S\('A'�Rq,'.SOAgreeiiients\Apl)i,ove ranking and Protesmmal Services Agn-ement 16Y GIS - Reso.docx - I - 1154 34 Manager to sign a Professional Services Agreement with SAM Surveying and Mapping, LLC, of 35 Austin, TX as a result of RFP No. CW23-009 for Geographic Information Systern (GIS) Services, 36 with a not to exceed $300,000.00 annually. A copy of the Professional Services Agreement is 37 attached hereto and incorporated herein as Exhibit "A". 38 Section 3. That this Resolution shall become effective immediately. 39 40 PASSED AND ADOPTED this 18th day of July, 2023. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 ATT T: 60 r N 61 10 L 62 Maypee e J 6s, MPA, M 63 City Clerk 64 65 66 (Corporate Seal) 67 68 69 70 71 Ty Pense Ty Pe?nse Mayor AP R ,VEQ�AS TO FO M: Michael D. Cirullo, Jr. City Attorney S'4(�'A\Rl-,SOAgeciiie�its\Appr(�ve ranking and hof'essional Services Agreement for GIS - Reso d(vx _2u 1155 Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Airnee Kelley VOTE Ty Pense Ty Pe?nse Mayor AP R ,VEQ�AS TO FO M: Michael D. Cirullo, Jr. City Attorney S'4(�'A\Rl-,SOAgeciiie�its\Appr(�ve ranking and hof'essional Services Agreement for GIS - Reso d(vx _2u 1155 SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SURVEYING AND MAPPING, LLC; THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal 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. CFinal 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, 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. 1156 F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part V11, Chapter 218, Florida Statutes, 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynt Beach, ordinances and regulations that are applicable to the services to be rendered under thl agreement. X During the performance of the services under this Agreement, VENDOR shail maintain the following insurance policies, and provide winaIs 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 wwwbtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: # . . . . . . . . . . 1157 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. ki. Business Automobile LiabDOR 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. 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, vUmbrella/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 e CITY. DThe 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, rnodify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. % 1AIDEPEADENT CONTRACTOR, The VENDOR and the CITY agree that the VENDOR is independent contractor with respect to the services provided pursuant to this Agreement, Nothi in this Agreement shall be considered to create the reilationship of employer and employee betwe the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefi accorded ClTY employees by virtue of the services provided under this Agreement. The CITY sh not be responsible for withholding or otherwise deducting federW income tax or Social Security for contributing to the state industrial insurance program, otherwise assuming the duties of a employer with respect to VENDOR, or any employee of VENDOR. 11 . COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employ r retained any cmpany r rson, other than a bona fide emyee wrking soely for t VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any compai l ooopeplool �r 1158 ga- NO MR. M. ffiff-FAM.. fee, gift, or contingent fee. 12. IJI[SCRIMI RATION 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. 11 ASSIGNMENT. The VENDOR shaill not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 14NON-WAIVER. Waiver by the CITY of any provision of this Agreement oon provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. 1, Termination for Cause. In addition to all other remedies available to CITY, this Agreement sho 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. I szM .MM .� 0#11111M W"06 -1111 - gm Mgt 4801 Southwest Parkway Building Two, Suite 100 Austin, TX 78735 Phone (512) 447-0575 Fax� (512) 326-3029 Emait PSmi 0)sam,biz 1159 w r wrI MINE M 0I!" • PUBLIC RECORDS..• documents received by the CITY in responseto an invitation exemptw public - r+ disclosure days after the opening of • unless the announcesCITY r award sooner,w« • r. Statutes 119.07. public agency subject to Chapter 119, Florida Statutes, The Contractor shall comply with Florida's Public Records Lawww" Z. Upon custodian of public records,provide the CITY with a copyof requestedw w' or ww the records to be inspected or ra «• within a reasonall cost that does notw the cost provided «• _ or otherwise provided by • • s• w w w w• w� • • w w sw w w w w ,� w ,,• �w s _w • • - w w • s «• •• w w w� � w w ��., w. w ww w ar •« • w • r ws w w M�'" •, w w• • s M ww w w- w• • M�'" w w• w # IM A M o '..,,I'LILtal al k M AM. dY jax- I I IN I Ir". , +-M •YNTON BEACH, FLORIDA,. 6 CITYCLERK@BBFL.,US � ��' w.. w«w-• ww• wr • w w r w •�°• a► w • -' w w s r www• • w • w ��" w. + s s • ..w�, • w. • w -• w w w w- s • • w .w. w �,�. w�. w. r� s •- .w- 1160 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 vendor or consultant, ki. "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, sha�ll 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: L All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; 6, 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 :- w eand INS I I UZZ.M. V4 a 1 11 1161 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of J V� 2021 �j CITY OF Bt YNTON BEACH Daniel Dugger, City Dana r r Surveying And Mapping, LLC, ==.A 1.11!11.1 .Vp�no' W01 A Sfth ,20;3 Patrick A Smi il'llill LHUE�•.� Im, 121M."WoFRIA-07301 Title Attest/Authenticated: Secretary 1162 1:I -,... mmomm-mom 1 1 Principal $290.00 Project Manager $230,00 3 GIS Manager $140.00 _....................... 4 _..._..._...._..._................. ..._. ...._.__.......... _ _-.--.-.___ GIS Analyst .._...._ .......... $140.00 t31S Technician $100.00 CAD Technician $105.00 CAIS Field Coordinator $115.00 8 Clerical $120.00 1163 7.G Consent Bids and Purchases over $100,000 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Proposed Resolution No. R24-136- Award Bid No. EV24-034 for "Rental Equipment for Various Events" and authorize the City Manager to sign an Agreement with C4 Rents, Inc., of Loxahatchee Groves, Florida, with an annual not to exceed amount of $200,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-136. Explanation of Request: Initial Agreement Term: June 19, 2024 - June 18, 2026 On April 23, 2024, the Bid for Rental Equipment for Various Events was advertised to invite Bidders to provide pricing for rental equipment such as tables, chairs, tents, tablecloths, etc., for various events throughout the year at multiple locations within the City. Procurement placed notices of this solicitation in DemandStar, Bids & Tenders, and a notice was placed through a host website with Palm Beach County. On May 16, 2024, Procurement Services received two (2) bids in response to this Invitation to Bid, they were reviewed by Purchasing Services to ensure the proposals met the bid requirements, both deemed responsive. Rank Vendor Total Bid Price 1 C4 Rents, Inc. $6,106.20 2 Sunshine Tents and Event Rentals LLC $9,602.00 On May 21, 2024, the Events Division recommended an award to C4 Rents, Inc., as the lowest responsive, responsible vendor. How will this affect city programs or services? Utilization of the Bid provides a consistent vendor to provide rental equipment for various City events. Fiscal Impact: Budgeted in Events account. Attachments: R24-136 Agenda—Item — Item_ 1664-2023_ Resolution _ for_ C4_ Rents _Agmt.docx Exhibit A to Resolution - C4 Rents, Inc. - Executed Agreement.pdf EV24-034 - Bid - Rental Equipment for Various Events.pdf C4 RENTS INC.-EV24-034.pdf 1164 1165 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. R24-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING INVITATION TO BID NO. EV24-034 FOR RENTAL EQUIPMENT FOR VARIOUS EVENTS TO C4 RENTS, INC.; APPROVING AN AGREEMENT BETWEEN THE CITY AND C4 RENTS, INC., FOR RENTAL EQUIPMENT FOR VARIOUS EVENTS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, on April 23, 2024, the Invitation to Bid (ITB) No. EV24-034 for Rental Equipment for Various Events was advertised to invite Bidders to provide pricing for rental equipment such as tables, chairs, tents, tablecloths, etc., for various events throughout the year at multiple locations within the City. The Procurement division placed notices of this solicitation in DemandStar, Bids & Tenders, and a notice was placed through a host website with Palm Beach County and WHEREAS, on May 16, 2024, the Procurement division received two (2) bids in response to ITB No. EV24-034, which were reviewed to ensure the proposals met the bid requirements and were both deemed responsive; and WHEREAS, C4 Rents, Inc., had a total Bid price of $6,106.20, and Sunshine Tents and Event Rentals LLC had a total Bid price of $9,602; and WHEREAS, On May 21, 2024, the Events Division recommended an award to C4 Rents, Inc. as the lowest responsive, responsible vendor; and WHEREAS, upon recommendation of staff, the City Commission has deemed it to be in the best interests of the citizens and residents of the City to Award Invitation to Bid No. EV24-034 for Rental Equipment for Various Events to C4 Rents, Inc. and Approve an Agreement between the City and C4 Rents, Inc., for Rental Equipment for Various Events. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 1166 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 approve an Agreement between C4 Rents, Inc., and the City for Rental Equipment for Various Events (the "Agreement"), in form and substance similar to that attached as "Exhibit A." SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby authorizes the City Manager to execute the Agreement and such other related documents as may be necessary to accomplish the purpose of this Resolution. SECTION 4. One fully executed original of the Agreement shall be retained by the City Clerk as a public record of the City. A copy of the fully executed Agreement shall be provided to Kristeena Pinto to forward to the Vendor. SECTION 5. This Resolution shall take effect in accordance with law. PASSED AND ADOPTED this 18th day of June 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Aimee Kelley Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney 1167 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND C4 RENTS, INC. THIS AGREEMENT("Agreement"), is entered into between the City ofBoynton Beaoh, o municipal corporation organized and existing under the laws ofFlorida, with ebusiness address of10OEast Ocean Ave.. Boynton Beach, FL 33435, hereinafter referred inas "CITY", and C4 Rents, Inc. e Florida Profit Corporation authorized to do business in the State of Florida, with a business address of 1654 C Road' LuxaheLohemGroves, FL 33470, 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 haretained bythe CITY toprovide the services, work, and all labor, equipment, and materials related aadescribed in Bid No. EV24-034 — Rental Equipment for Various Events. 2. SCOPE OF SERVICES. VENDOR agrees toperform the services requiredfor the Rental Equipment for Various Events. The terms and conditions ofBid No. E\824-O34and VEND[)R'ebid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, Bid No. EV24-034. and VEND(]R'n bid, shall be resolved pursuant tothe following order ofprecedence (1)this Agreement, (2)Bid No. EV24-034;and 3.VEND[)R'abid. % TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving ofwritten notice by the CITY to the VENDOR hu proceed. VENDOR shall pndbnn all services and provide all equipment required pursuant to this Agreement. 4. TERM. The initial Agreement period shall befor aninitial term nf commencing onJune 19, 2D24.and shall remain ineffect through June 18, 2026, unless otherwise terminated inaccordance with this Agreement ("Initial Term"). The CITY reserves the right to renew the agreement for three (3) one -yea renewals subject tovendor acceptance, satisfactory performance aodetermined bythe CITY, and determination by the CITY that renewal will be in the best interest of the CITY ("Renewal"). Such Renewals are only effective and valid if in writing and executed by each parties' authorized representative. Both the Initial Term and all Renewals ohoU bacollectively referred toaethe ''Tenn.^ Price increases will be subject bnthe CUY'napproval atone (1)year renewals. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar days prior to the respective term anniversary date. Price adjustment for any additional one-year term will be subject tothe City's Commission approval. The price increase percentage change shall not exceed the previous one (l) -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau ofLabor Statistics, or a maximum offive percent. 5. PAYMENT. The VENDOR shall be paid bythe CITY for completed work and for services rendered in accordance with the Schedule ofPrices tothis Agreement omfollows: 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 CUDU3Ct8U price without express written modification of the Agreement signed by the CITY Manager ordesignee eaapproved bythe City Commission aurequired. 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 QTY, and upon approval ihareof, payment will bemade tothe VENDOR inthe amount approved. C. Final payment of any balance due the VENDOR ofthe total oonbuoi price earned will be made promptly upon C|TY'e aauartainmont, vmrifioaUon, and acceptance that the Work is completed in accordance with this Agreement. D. Payment as provided in this section by the CITY shall be full compensation for Work perfonned, including nen/ioeo rendered and all materia|o, eupp|iao, equipment and incidentals necessary to complete the Work. E. The VEND0R'a records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for o period of five (5) years after the termination ofthe Agreement. Copies shall bemade available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part V||, Chapter 218, Florida Statutes. G. OWNERSHIP AND USE OF DOCUMENTS. All documents, drowings, 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 ohuU be permitted to retain copiea, including reproducible copies' of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, inperforming the Work contemplated bythis Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the Work rendered under, this Agreement. & 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 atb/nneye'feae and costs of defense through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of daims, demendm, ouita, 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 pnoceedingm, and ahoU pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party tothis Agreement shall beliable toany third party claiming directly orthrough the other respective pmdy, for any special, inoidenta|, indinaot, 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 urgoods 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 ksintended nor shall buconstrued towaive C|TY'e rights and immunities under the common law mG760.28,Fla. StaL.00may Lmamended from time botime. g. INSURANCE A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance ooicies, and provide originals or certified copies of all mdkjno to C[TY's 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 tocommencing any Work pursuant 0nthis Agreement: Worker's Compensation Insurance: The VENDOR nheU 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 Umho 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 ofBoynton Beach, executed bythe insurance company. Comprehensive Gsmem»U Liability: The VENDOR shall procure and maintain for the |Uo ofthis Agreement, Comprehensive General Liability Insurance. This coverage shall beon an^Ooourranoe^basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 12. "Indemnification" of this Agreement. This policy shall provide coverage for deoth, 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 ehoU procure and maintain' for the |dm 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 deeth, aewell oafrom claims for property damage, which may arise from the ownership, use ofmaintenance ofowned and non -owned automobile, included rented automobi|es, whether such operations be by the VENDOR or by anyone directly or indirectly employed bythe VENDOR. k/ 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 V. Umbrella/Excess Liability Nnmmrmmue: in the amount of$1,0OU.0OOl0 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Uabi|Uy, Auto Liability, and Employer's Liability. This coverage shall be maintained for m period of no |neo 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 byeither party, reduced in coverage in limits except after thirty (30) calendar days prior written notice byeither certified mai|, return receipt roqueoted, has been given to the D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits andetermined necessary bvthe Risk Management. The CITY reserves the right toreview, mudhy, neject, or accept any required policies of insurance, including |imKa, uoverago, or endorsements throughout the Term ofthe Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this Agreement shall be considered tncreate the relationship ufemployer 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 ofan employer with respect b»VENDOR, orany employee ufVENDOR. i1.COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that ithas not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit orsecure this Agreement, and that VENDOR hes not paid or agreed to pay any company or peraon, other than m bona fide employee working solely for the VENDOR any feo, oommiaoion, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or coneideraUon, or otherwise neoover, the full amount ofsuch fee, oommiaaiun, poncentage, brokerage fem, gift. orcontingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with nygend in the work performed by it under this agreement, will not discriminate onthe grounds ofrace, oo|or, national origin, ra|igion, croad, agm, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement ofmaterials or supplies. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent ofthe 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 ofany other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) business days of written notice by the CITY to the VENDOR in which event the VENDOR shall be paid its compensation for services performed through the termination date, including services reasonably related to termination. In the avant that the VENDOR abandons this Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining tothis termination. B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause byCITY for reasons inc|uding, but not limited to. VEND(}R'm failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agroem*nt, or repeated submission (whether negligent or intentional) for payment uffalse orincorrect bills orinvoices. C. In the event of the death of member, partner, or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR 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 m bar to renegotiations of this Agreement between surviving members ofthe VENDOR and the CITY, ifthe CITY sochooses. D.Notice of termination shall be provided in accordance with the "Notices" section of this E. In addition to any termination rights stated in this Agreement CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery ofcosts incurred byCITY due toNEND0R'efailure tocomply with any tenn(s)ofthis Agreement. 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Copy to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Shawna G. Lamb, City Attorney 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: C4 Rents, Inc. Attn: Craig Martin 1654 C Road Loxahatchee Groves, FL 33470 Telephone No. (561) 478-2525 Email. sales(@c4rents.com 18. PUBLIC RECORDS. The Vendor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the Work; 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 THUS CO �� N /�F PUBLIC RECORDS: ~~~�~~^~~�~ -'--- CUSTODIAN CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH FLORIDA, 33435 561-742-6060 1Q.UNCONTROLLABLE FORCES. A Ne�herthe C�Ynor VENDOR shall b*oona�e�dtobeinda�ukofdl�Agmomm� dd*A�or A. failure of performance shall be due to Uncontrollable Foroes, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall n*un any event which results in the prevention ordelay ofperformance by o party ofits obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited no r\ne. �und, earthquakes, storms, lightning, apidem\c, var, riot. civil disturbance, sabotage, and governmental actions. B. Neither party shall, however, beexcused performanceifnon-performance ksdue hoforces which are preventable, removable, or remediable, and which the non-pedbnningpadycould have, v�hthe exercise ofreasonable diligence, prevented, removed, cxremedied with reasonable dispatch. The non- performing padyshaU'within areasonable time ofbeing prevented urdelayed from performance byan uncontrollable force, givewritten notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 30 ��K0��IES8yoxoo�onufth�Ag�em��VENDOR ca�5e �aVENDOR�md ' of| Israel. END0Rfuhharoa�f�sth/dVENDOR hsm�onthe SomUn�ed pardciPedi»Q�»aboycm� sUwg� VotnndheSomubni��dCompanieavv�hAotv�eoinSudanLiet.a»d {�nmponieethatBoyoo�\onoa| ox. n . not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Ued�xoepdonopn�vid�dinytot� VENDOR been engaged inbusiness operubSono�nSyra. uLVeothm|\m law, the CITY will not contract for the provision of goods or services with any scrutinized company referred toabove. Submitting a false certification shall be deemed a material breach of contract. The CITYaho|| provide notice, in writing. to VENDOR of the C(TY`o determination concerning the false certification.�n receipt of notice to refute the false certification on |euohha|oeoe�\�oe�VENU0RnhoU have (5)days m onisdimoovenedduringthactive contract term, VENDOR ahmUhave ' following receipt of the notice to respond in writing and demonstrate that the ninety 0�0) days ng r»«e d i |fVENOO��does not demonstrate that the C|TY'a dmterminoUnnofha|eooedifinationwmanno u n error. 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 E4/E��UFf VENDC}Risusndinterchangeob|yvvithCONTRACTORthroughoutthinSedion.VEN[)O�� 'oortifieethtitioawmreofandonmp|ieovviththarequirementnof8eotion448.O95.F|ohdeStatutee.aa may b8amended from time k}time and briefly described herein below. A. Definitions for this Section: i. "Contractor" means aperson nrentity that has entered orkaattempting hnenter into scontract with epublic amolovarb>orov�elabor, supp|�services mu\mry. wages,'/' other `-nuneratun. "Contractor" indudes, 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: i All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including subUmntm/nub-oontroobors)aauignedbyContnaotorto 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 ofBoynton 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 inoludea, 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 |aed to termination of this Contract, or if subcontractor knowingly violates the otatube, the subcontract must be terminated immediately. Any challenge totermination 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 beconsidered aosuch. |fthis contract iaterminated for aviolation ofthe statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date oftermination. 23. MISCELLANEOUS. A. No assignment by a party hereto ofany rights under or interests in this Agreement 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 buthe extent that the effect ofthis restriction may bolimited by|avv). and unless specifically mtob*d to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. B. CITY and VENDOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect ofall covenants, agreements and obligations contained inthis Agreement. C. 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 aaotherwise provided under the indemnification provisions set forth herein above. D. Prior tofinal payment ofthe amount due under the terms ofthis Agreement, tothe extent permitted by law, a final waiver oflien shall be required to be submitted by the VENDOR, 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 VENDOR shall release CITY from all claims ofliability byVENDOR inconnection with this Agreement. E A1all times during the performance ofthis Agreement, VENDOR shall protect CITY'sproperty from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all |oca, nhy, state, and federal agencies as G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, stahamanta, oragreements tothe contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the VENDOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may beamended only bywritten instrument signed byboth CITY and VENDOR. H. This Agreement will take effect on the Effective Date. 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 ofthis 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. 24.DEFAULT OF CONTRACT &REMEDIES. A. Correction ofWork. If, inthe judgment ofCITY, Work provided byVENDOR does not conform to the requirements ofthis Agreement, orif the Work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality ofworkmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR : The abandonment ofthe project byVENDOR for aperiod ofmore than seven (7) business days. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the banns of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. Ui The failure by VENDOR to observe or perform any ofthe terms, covonants, or conditions of this Agreement to be observed or performed by VENDOR, vvhena such failure shall continue for operiod ofseven (7)days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR's default iosuch that more than seven (7)days are reasonably required for its cure, then VENDOR shall not badeemed tobeindefault ifVENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. K( The assignment and/or transfer ofthis Agreement orexecution or attachment thereon by VENDOR or any other party in o manner not uxpnmon|y permitted hereunder. V. The making 6yVENDOR ofany general assignment orgeneral arrangement for the benefit of creditors, or the filing by or against VENDOR of petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VEND{}R, the same is dismissed within sixty (GO) calendar days); or the appointment ofetrustee or receiver to take possession of substantially all of VENDOR'uassets, orforVENDOR'aintereatinthia/\gnemment.whenepoaoeooion is not restored to VENDOR within thirty (30) calendar days; for attachment, execution orother judicial seizure ofsubstantially all ofVENOOR'aassets, nrfor VENDOR's interest in this Agreement, where such seizure is not discharged within thirty (30)calendar days. C. Remedies in Default. In oaoo of default by VENDOR, CITY shall notify VENDOR, in writing. of such abandonment, delay, refusal, faUure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment, de|oy, refusal, fai|une, neglect or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default ofthe Agreement and notify VENDOR of such declaration of default and terminate the Agreement. i. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason ofdefault, shall b*due and payable. ii. CITY may complete the Agreement, orany part thereof, either byday labor, use of a auboontnaotnr, or by re -letting a contract for the oame, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR the costs incident thereto to such default. iii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the name had been fulfilled by VENDC]R. CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount mfsuch excess tothe CITY. iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR ofthe deficiencies. 25. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity bythe CITY oraaawaiver oflimits ofliability orrights the CITY may have under the doctrine ofsovereign immunity o,under Section 7G8.28.Florida Statutes. 26. TRUTH -IN -NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR ohoU act as the execution of truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged to the VENDOR's most favored customer for the same or substantially similar service. Q. 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 inaoourate, inoomp|ete, ornon-current wage rates or due to inaccurate representations of fees paid to outside vendors. The CITY shall exercise its rights under this ^Cartifioehe"within one (1)year following payment. 27. ENTITIES! OF FOREIGN CONCERN' The provisions of this section apply only if Vendor or any subcontractor will have access to on individual's personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor in not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to Vendor and any subcontractor having access to personal identifying information pursuant to this Agreement, Vendor and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this _ day of , 2024. CITY OF BOYNTON BEACH COMPANY Daniel Dugger, City Manager Approved as to Form: Office of the City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk (Signatupd), Company Attest/Authenticated: Witness ( Dvvj vL,(— A Print Name 1177 117 TABLE OF CONTENTS PAGE # Noticeto Bidders......................................................................................................2 - 3 Instructions to Bidders........................................................................................................... 4 - 5 Scopeof Work....................................................................................................................... 6 - 7 Standard Terms and General Conditions for Bidders.....................................................8-19 SpecialConditions....................................................................................................20-22 Bidders Submission Requirements.............................................................................23 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm..................................................................... Bidder's Qualifications Statement .............................. Anti -Kickback Affidavit ................................................ Non -Collusion Affidavit ............................................... Certification Pursuant to Florida Statute § 287.135... E -Verify Form............................................................. BidProposal............................................................... ....................................................... 25-26 ....................................................... 27-30 ....................................................... 31 ....................................................... 32-33 ....................................................... 34-35 ....................................................... 36-37 ....................................................... 38-40 DRAFT AGREEMENT: DraftAgreement.......................................................................................................41-51 ATTACHMENT `A': Insurance Advisor Form............................................................................................52 ATTACHMENT `B': Sample Performance Evaluation Form........................................................................53-54 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. Bid No. EV24-034 Rental Equipment for Various Events J The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 FAX: (561) 742-6316 INVITATION TO BID FOR RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No. EV24-034 NOTICE TO BIDDERS Electronic bids shall be received by the bidding system until May 16, 2024, No Later Than 2:30 P.M. (Local Time). All bids received will be publicly opened and acknowledged of receipt by the City's e -procurement bidding system electronically. Bids received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that Vendors allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online, please visclh..bidsarid tend e rs.-.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking bids from qualified Vendors to provide Rental Equipment (tables, chairs, tents, etc.) for the various City of Boynton Beach ("City") sponsored events. Equipment will be provided on a per-event/as-needed basis. The scope of work is more clearly defined in the Contract Documents, Standard Terms, and General Conditions, which are hereby not listed in any order of precedence. NO BID CONFERENCE or SITE INSPECTION is scheduled. At the time of the bid opening, each bidder shall be presumed to have read and be thoroughly familiar with the contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any Vendor from any obligation in respect to this bid. No bids may be withdrawn for a period of ninety (90) calendar days after the Bid opening. 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 Bid No. EV24-034 Rental Equipment for Various Events in effect until the 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 the City Commission or their staff, the Manager, or 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: Pursuant to section 119.07, Florida Statutes, 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 a notice of decision or thirty (30) calendar 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 Bid 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Bid No. EV24-034 Rental Equipment for Various Events H INVITATION TO BID FOR RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No.: EV24-034 INSTRUCTIONS TO BIDDERS 1. The City of Boynton Beach utilizes an electronic online bidding system service for notification and distribution of its solicitation documents; please visit If3c� ntolm Iheaclh„bidsarndteindeirs„inet„ 2. ELECTRONIC PROPOSAL SUBMISSIONS ONLY shall be received by the City's e -procurement Bidding System. Hardcopy submissions are not permitted. 3. Electronic Request for Qualification/Request for Proposal/Invitation to Bid Proposals for this solicitation shall be received by the City's e -procurement bidding system no later than May 16, 2024, No Later Than 2:30 PM (Local Time). 4. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Vendor to have their Request for Qualification/Request for Proposal/Invitation to Bid submittal submitted online. 5. Vendors shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 6. It is the responsibility of the Vendor to have received all Addenda that are issued. Vendors should check online at Io -1bg c. i.. �iidsa �dtelndeir�,,lrngt prior to submitting their Submittal and up until the Bid closing time and date in the event additional addenda are issued. 7. To obtain documents online, please visit Ifs¢Niton-Ibeach„biidsandtendeirs„net. You may preview the solicitation documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 8. Vendors are cautioned that the timing of their Submittal Submission is based on when the Submittal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 9. For the above reasons, it is recommended that the Vendor allow sufficient time to complete your bid/proposal submission and to resolve any issues that may arise. 10. Vendors 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 Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at n.p.p.girtobiidsandtelriders„riet. 11. To ensure receipt of the latest information and updates via email regarding this Request for Qualification/Request for Proposal/Invitation to Bid, or if a Vendor has obtained this Solicitation from a third party, the responsibility is on the Vendor to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making Submittal responses to the City are to be borne by the Vendor. Bid No. EV24-034 Rental Equipment for Various Events 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualification/Request for Proposal/Invitation to Bid for review. Any exceptions taken to the terms and conditions of the City's agreement shall be considered a part of Vendor's solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions to the agreement does not denote acceptance by the City. Furthermore, taking exceptions to the City's terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a vendor's submittal. The City reserves the right to modify the contract language prior to execution. 14. Each Vendor, by submission of a proposal response, acknowledges that in the event of any legal action challenging the award of a Request for Qualification/Request for Proposal/Invitation to Bid; damages, if any, shall be limited to the actual cost of the preparation of the Bid or Proposal. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Bid No. EV24-034 Rental Equipment for Various Events INVITATION TO BID FOR RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No.: EV24-034 SCOPE OF WORK The City of Boynton Beach ("City") provides a variety of events for a community of approximately 82,000 residents throughout the year. The City's Events Division is seeking a qualified vendor to provide various pieces of rental equipment (tables, chairs, tents, etc.) for various City -sponsored events. The equipment will be provided on an as -needed basis per event requirements. Note: Tents must not be spiked. They must be cement -weighted or water -barreled. ALL PRICES MUST INCLUDE DELIVERY, SET UP, KNOCKDOWN, AND PICKUP. YEARLY EVENTS (list and dates are subject to change). The City reserves the right to add or remove events or modify the days and hours for services during the duration of the Agreement. • Monthly 0 First Friday ■ Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 ■ 5:00 pm to 9:00 pm • January 0 MLK Day ■ Sara Sims Park, 209 NW 91" Ct, Boynton Beach FL 33425 ■ 1:00 pm to 6:00 pm • February o Bloomin' in Boynton ■ Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 ■ 6:00 pm to 9:00 pm o Kinetic Art ■ Info TBD • April o Earth Day ■ Info TBD o Eggstravaganza ■ Info TBD • May o Taste of Boynton (Date Subject to Change) ■ Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 ■ 6:00 pm to 10:00 pm o Haitian Heritage ■ Info TBD • June 0 Juneteenth ■ Sara Sims Park Bid No. EV24-034 Rental Equipment for Various Events 6 -1Q • July o July 4th ■ Intracoastal Park, 2240 N Federal Hwy, Boynton Beach FL 33435 ■ 4:00 pm to 9:30 pm • August o National Night Out (PD) • Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 ■ 5:00 pm to 9:00 pm • September o 9/11 Ceremony ■ Details TBD • October o Fall Festival (Recreation) ■ Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 o Pirate Fest ■ Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 ■ 10:00 am to 5:00 pm • December o Tree Lighting • Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 • 5:00 pm to 9:00 pm o Holiday Parade ■ Federal Hwy and Ocean Ave Intersection ■ 4:00 pm to 6:00 pm o DUI Candlelight Vigil (PD) ■ Centennial Park, 100 E Ocean Ave, Boynton Beach FL 33435 ■ 6:00 pm to 8:00 pm • Various Veteran Events o Date/Time/Location TBD • Various Cultural Events o Date/Time/Location TBD • Additional Events may be added throughout the year THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No. EV24-034 Rental Equipment for Various Events 7 .1-1Q INVITATION TO BID FOR RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No.: EV24-034 STANDARD TERMS AND GENERAL CONDITIONS FOR BIDDERS Unless otherwise agreed to by the City of Boynton Beach ("City"), the following Standard Terms and Conditions are applicable to this solicitation and the resulting agreement/contract. The term "vendor" as used below may collectively apply to vendor, bidder, proposer, consultant, contractor, and sub -contractor. 1. FAMILIARITY WITH LAWS: The Vendor 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 Vendor will in no way relieve Vendor of responsibility to adhere to such regulations. 2. RFP/RFQ/BID FORMS: The Vendor will submit an RFP/RFQ/BID on the RFP/RFQ/BID forms provided. The Vendor must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Vendor is required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFP/RFQ/BID forms must be executed and submitted for easy identification. Bids/Proposals not submitted on Bid or Proposal forms herein may be rejected. All RFPs/RFQs/BIDs are subject to the conditions specified within this solicitation document. Submittals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFP/RFQ/BID: RFP/RFQ/BID must contain a manual signature of an 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. SOLICITATION DEADLINE: It is the Vendor's responsibility to ensure that the Bid/Proposal is submitted electronically by or at the proper time and date prior to the solicitation deadline. Late Submittal Responses are not permitted by the e -Procurement Bidding System. 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids or proposals, waive technical errors, or to accept a portion of any bids that are 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 contracts with the City or other government entities. 7. AGREEMENT EXTENSION: The City reserves the right to extend automatically for a period not to exceed an additional ninety (90) calendar days by mutual agreement and by filing a written notice signed by the vendor to the City's Purchasing Department without further City Commission action. The extension shall provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. 8. RIGHTS OF THE CITY: The City expressly reserves the right to: Bid No. EV24-034 Rental Equipment for Various Events A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Vendor 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 RFP, RFQ, or BID procedure; C. Reject or cancel any or all RFP, RFQ, or BID; D. Reissue a Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (BID); E. Extend the RFP, RFQ, BID deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Request for Proposals (RFP), Request for Qualifications (RFQ), and Invitation to Bid (BID); H. Consider and accept an alternate RFP/RFQ/BID as provided herein when most advantageous to the City. 9. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Vendor 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. 10. 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 Vendors. Automatic disqualifiers are as follows: A. Not including an executed Vendor 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.29, "Public Entity Crimes." D. Not completing the BID, RFQ, or RFP Submittal Forms as required. 11. DIRECT 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/ Consultant's/Vendor's or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 12. INFORMATION AND DESCRIPTIVE LITERATURE: Vendors must furnish all information requested in the spaces provided on the bid/proposal form. Further, as may be specified elsewhere, each Vendor 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/proposal or on file with the buyer will not satisfy this provision. 13. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Vendor. Within ten (10) calendar days after issuance of the award letter, the successful Vendor shall sign and deliver the Contract with the required bonds and insurance certificates to the City. After receipt and approval of such documents, the Contract will be executed. Within thirty (30) calendar days thereafter, the City shall deliver a fully signed and executed Contract to the successful Vendor. At times a purchase order will be issued in lieu of a contract agreement. The General Terms and Conditions of the City's purchase order shall apply and prevail over any conflicting terms or conditions. 14. INTERPRETATIONS: To ensure fair consideration for all Vendors, the City prohibits communication to or with any department, officer, or employee during the solicitation process except as otherwise specified. If the Vendor should be in doubt as to the meaning of any of the RFP, RFQ, or BID documents, or is the opinion that the plans and/or specifications contain errors, contradictions, or reflect Bid No. EV24-034 Rental Equipment for Various Events omissions; the Vendor shall direct questions to the Purchasing representative through the Bidding System only by clicking on the "Submit a Questions" button for this Bid, no later than ten (10) days prior to the RFP, RFQ, or BID deadline. 15. 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. 16. SUBCONTRACTING: If a Vendor subcontracts any portion of a Contract for any reason, the Vendor must state the name and address of the sub-contractor/sub-consultant and the name of the person to be contacted on the online form within the e -bidding system under "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids/proposals wherein a sub- contractor/sub-consultant is named and to make the award to the Vendor, 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/Proposal of any Vendor if the RFP, RFQ, or BID names a sub-contractor/sub- consultant 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 the right to inspect all facilities of any sub-contractor/sub-consultant in order to make determination as to the foregoing. The sub-contractor/sub-consultant will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP), Request for Qualifications (RFQ), or BID. Vendors are encouraged to seek minority and women business enterprises for participation in sub-contractor/sub-consultant contracting opportunities. The City reserves all rights in order to make a determination as to the foregoing. 17. 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 Vendor's through the City's e - Procurement system Lggvintolrn beach„bidsandtendeirs„net, it is the responsibility of each Vendor to have received ALL addenda that are issued Vendors should check online at 1BQ rn- bg cn.bidsandl;enders. et .ii prior to submitting their bid/proposal and up until the bid closing time and date in the event, additional addenda are issued. If a Vendor submits their bid/proposal prior to the Bid closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Vendor's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Vendor can view this status change in the "MY BIDS” section of the Bidding System. The Vendor is solely responsible to: • make any required adjustments to their Bid/Proposal; and • acknowledge the addenda; and • Ensure the re -submitted Bid/Proposal is RECEIVED by the Bidding System no later than the stated Bid/Proposal closing time and date. 18. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid/proposal in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID/PROPOSAL IS FOR SPECIFIED QUANTITY ONLY". 19. 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 Vendor's expense. Request for the return of samples may be made within ten (10) days following the RFP, RFQ, or BID deadline. Each individual sample must be labeled with the Vendor's name, manufacturer's brand name and number, and item reference. 20. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the Vendor. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid/proposal product or service application, will form the Bid/Proposal 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. 21. ESCALATOR CLAUSE: Any bid or proposal which is submitted subject to an escalator clause will be Bid No. EV24-034 Rental Equipment for Various Events 10 1188 rejected. 22. 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 Vendor's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of the Vendor'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. Any exceptions not noted in Vendor's proposal shall be deemed waived. 23. ALTERNATES: Where a base bid/proposal is provided for, the Vendor shall submit a bid/proposal on the base bid/proposal and may exercise their own prerogative in submitting a bid/proposal on alternate items. The Owner reserves the right to accept or reject the alternates or base bid/proposal 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. 24. 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 Vendor being found in default in which event any and all procurement costs may be charged against the defaulted Vendor. 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. 25. 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. 26. ANTITRUST CAUSE OF ACTION: In submitting a bid/proposal to the City of Boynton Beach, the Vendor offers and agrees that if the bid/proposal is accepted, the Vendor 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 Vendor. 27. 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 Vendor 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. 28. 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 Vendor will in no way be a cause for relief from responsibility. 29. ON PUBLIC ENTITY CRIMES — All Request for Proposals, Request for Qualifications, Invitations to Bid 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 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 Bid No. EV24-034 Rental Equipment for Various Events 11 1189 of 36 months from the date of being placed on the convicted vendor list". 30. SCRUTINIZED COMPANIES LISTS Florida Statutes Section 287.135: By submission of this RFP, RFQ, or Bid, the Vendor certifies that the 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. 31. NON -COLLUSION AFFIDAVIT: The vendor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act that may result in an unfair advantage for one or more vendors over other vendors. A conviction for the commission of any fraud or act of collusion in connection with any sale, quote, quotation, proposal, or another act incident to doing business with the City may result in permanent debarment. No premiums, rebates, or gratuities are permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor list(s), and/ or debarment or suspension from doing business with the City. Each Vendor shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Vendor to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 32. TRADE SECRET: Any language contained in the Vendor'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 Vendor submits any documents or other information to the City which the Vendor claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Vendor shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Vendor 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 Vendor's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Vendor 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. 33. ANTI -KICKBACK AFFIDAVIT: Each Vendor shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Bid/Proposal. The City considers the failure of the Vendor to submit this document to be a major irregularity and may be cause for rejection of the Bid/Proposal. 34. 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 Vendor shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal. 35. ADVERTISING: In submitting a RFP, RFQ, or BID, the Vendor 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". Bid No. EV24-034 Rental Equipment for Various Events 12 Ila 36. ASSIGNMENT: Any Purchase Order issued pursuant to this Request for Proposals, Request for Qualifications, or Invitation to Bid and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 37. INDEMNIFICATION: The selected Vendor(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 Vendor(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, 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 Vendor'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, including through the conclusion of any appeals, and from and against any orders or judgments which may be entered therein. The extent of Vendor's indemnification shall be limited to one and one-half (1 1/2) times the contract price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. The City shall notify the Vendor 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 Vendor hereunder, for which the City may be entitled to a claim or indemnity against the Vendor, under the provisions of this Contract. Vendor shall have the right to control the defense of any such claim suit or actions. The Vendor 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 Vendor's breach of any of the provision of the contract. Vendor shall not be responsible for negligent acts of the City or its employees. 38. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Vendor is awarded a contract as a result of this Request for Proposal or Invitation to Bid, Vendor will, if Vendor has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 39. 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 Vendor 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 Vendor, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging Vendor. In no case will the award be made until all necessary investigations have been made into the responsibility of the Vendor and the City is satisfied that the most responsive, responsible Vendor is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified. 40. AS SPECIFIED: A Purchase Order will be issued to the successful Vendor 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. 41. 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 Vendor's invoice payment terms must be shown. 42. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the Vendor 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 Vendor will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Bid No. EV24-034 Rental Equipment for Various Events 13 '1 'I Q Services. 43. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling, shipping charges, and delivery to the destination shown herein. Vendor 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 Vendor shall be withheld until a visual inspection is made by the CITY'S DESIGNEE 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 Vendor 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 Vendor unless such loss or damages have been proven to be the result of negligence by the City. 44. TIME OF DELIVERY: The Vendor shall state in the bid/proposal the time of delivery of the equipment. Time is of importance to the City and the Vendor 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. 45. CERTIFICATIONS, LICENSE, AND PERMITS: Unless otherwise directed by the City, the vendor should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If applicable, the vendor shall also maintain a current Local Business Tax Receipt (Occupational License) for County and all permits required to complete the agreement/contractual service at no additional cost to City. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the successful vendor to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. It is the responsibility of the vendor to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the agreement/contract, inclusive of any renewals. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. Failure to meet this requirement shall be considered a default of the agreement/contract. 46. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Vendor certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Vendor further certifies that if awarded as the successful Vendor, 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 Vendor. Vendor certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 47. PALM BEACH COUNTY INSPECTOR GENERAL: The Vendor 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 testimonyfrom the Vendor and its subcontractors and lower -tier subcontractors. The Vendor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Vendor 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. Bid No. EV24-034 Rental Equipment for Various Events 14 '1 'I Q 48. PUBLIC RECORDS: Sealed documents received by the City in response to a Request for Proposals, Request for Qualifications or Invitation to Bid are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession. All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 Ciit Iirlk IkIf� 49. E -VERIFY: Vendor 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 Bid No. EV24-034 Rental Equipment for Various Events is Ila with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 50. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701: Vendors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Vendor's social, political, or ideological interests when determining if the Vendor is a responsible Vendor. Vendors are further notified that the City's governing body may not give preference to a Vendor based on the Vendor's social, political, or ideological interests. 51. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 52. SOVEREIGN IMMUNITY: Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 53. 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 Vendor. In revenue -generating contracts where award, if any, is to be made to the Vendor 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 Vendor 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 Vendor being found ineligible for the local business preference for this solicitation. Failure of the Vendor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 54. LEGAL EXPENSES: The City shall not be liable to a vendor for any legal fees, court costs, or other legal expenses arising from the submission of a Request for Proposals, Request for Qualifications, or Bid No. EV24-034 Rental Equipment for Various Events 16 Ila Invitation to Bid, the interpretation or enforcement of the agreement/contract, or from any other matter generated by or relating to the agreement/contract. 55. NO THIRD -PARTY BENEFICIARIES: No provision of the agreement/contract 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 the agreement/contract, including but not limited to any citizen or employees of the City and/or Vendor. 56. SUCCESSORS AND ASSIGNS: The City and the Vendor each binds itself and its successors and assigns to the other party in respect to all provisions of the Bid or proposal and any resulting Contract. Neither the City nor the Vendor shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the other. 57. 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. 58. INSURANCE REQUIREMENTS: Vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the vendor under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Vendor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of agreement/contract. 59. MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid or proposal prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Vendor's risk. 60. FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may provide that the performance of any act by the City or Vendor thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to vendor for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 61. PERFORMANCE DURING EMERGENCY: The vendor agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, City shall be given "first priority" for all goods and/or services under the agreement/contract. The vendor agrees to provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The vendor shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute a breach of agreement/contract and subject the vendor to sanctions from doing further business with the City. 62. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales promotions occur during the term of the agreement/contract that lower the price of the procured item, the vendor shall extend to the City the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the vendor may offer a reduced price, which shall remain in effect for the duration of the agreement/contract. The vendor warrants that the price(s) shall not exceed the vendor's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the vendor offers more favorable pricing to one of its customers, the vendor shall extend to the City the same pricing or the then -current market price, whichever is lower. Bid No. EV24-034 Rental Equipment for Various Events 17 ' '1 'I Q 63. REMEDIES: 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 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. 64. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the vendor in any way, manner or form. 65. SEAL, LOGO, and FLAGS: The Vendor shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of the City or agency officials without specific written pre -approval. 66. DRUG-FREE WORKPLACE: The Vendor shall implement and maintain a drug-free workplace program of at least the following items: A. 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. B. Inform employees about the dangers of drug abuse in the workplace, the Vendor'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. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item Number A above. D. In the statement specified in Item Number A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Vendor of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. E. Impose a sanction on, or require satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 67. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within the deadlines as follows: A. If the protest relates to a Request for Proposals, Request for Qualifications, or Invitation to Bid, the protest shall be received prior to the bid or proposal submittal deadline date. B. If the protest relates to any other matter relating to the RFP, RFQ, or BID, including, but not limited to, the Award of an Agreement/contract, the protest must be received no later than seven (7) regular business days after the date of notification of award by the Purchasing Staff. Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a waiver of proceedings. 68. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the vendor, terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any provisions of this agreement/contract, or fails to make progress so as to endanger performance under Bid No. EV24-034 Rental Equipment for Various Events 18 ' '1 'I Q the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the vendor, the City may procure goods and/or services similar to those terminated, and the vendor shall be liable for any excess costs incurred due to this action. 69. TERMINATION FOR CONVENIENCE: Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) business days prior written notice of termination to the vendor, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the vendor has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the vendor shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified on the date given in the notice of termination. Additionally, unless directed differently, the vendor shall terminate outstanding orders and/or subcontracts related to the terminated work. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLAN Bid No. EV24-034 Rental Equipment for Various Events 19 Ila INVITATION TO BID RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No.: EV24-034 SPECIAL CONDITIONS PURPOSE: The City of Boynton Beach is seeking bids from qualified Vendors to provide Rental Equipment (tables, chairs, tents, etc.) for the various City of Boynton Beach ("City") sponsored events. Equipment will be provided on a per-event/as-needed basis. AWARD: The City reserves the right to make multiple awards for this Bid. Awards may be made to the lowest priced responsive and responsible Vendor(s) as follows: TENTS, SIDEWALLS, AND STRING LIGHTS: The City anticipates an award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all items within the group to be considered for award of the group and indicate "No Charge" for those items that are included at no charge in order to be responsive. Failure to bid on all items within the group will be construed as incomplete and ineligible for award of the group. TABLES, CHAIRS, AND TABLE CLOTHS: The City anticipates an award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all items within the group to be considered for award of the group and indicate "No Charge" for those items that are included at no charge in order to be responsive. Failure to bid on all items within the group will be construed as incomplete and ineligible for award of the group. ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section if unrelated to the services bid in the group above. If the services are related it will be required that a unit cost be given for that additional service. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." Items within this section will not be considered in the evaluation process for award recommendation. TERM OF CONTRACT: The initial term of the awarded contract shall be for two (2) years, effective upon a fully executed contract by all parties. The City of Boynton Beach may extend the Agreement at the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, and satisfactory performance as determined, and the renewal will be in the best interest of the City. The City reserves the right to exercise the option to renew annually. 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. 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 volatility affects the marketplace or industry, not just the particular successful BIDER's source of supply Bid No. EV24-034 Rental Equipment for Various Events 20 990 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. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City's approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1 -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City's Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination, the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under the agreement. It is hereby agreed and understood that at such times as may serve in the City's best interest, the City reserves the right to receive an award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Boynton Beach Purchasing Policy. ORDERING: The City reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract, and if the vendor is unable to comply therewith, the City reserves the right to purchase commodities/services from another source without penalty or prejudice to the City. FISCAL YEAR PURCHASE ORDER: Items shall be ordered via a Blanket Purchase Order on an "as needed" basis for each fiscal year that the Agreement is in existence at prices quoted per the Agreement. Invoices must be submitted against each individual blanket purchase order. 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. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) calendar days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is at the sole and exclusive discretion of the City. MARKET CONDITIONS: The City of Boynton Beach reserves the right to purchase on the open market should lower market process prevail, at which time the successful Vendor shall have the option of meeting the lower price or relieving the City of Boynton Beach of any obligations previously understood. COMPETENCY OF BIDDERS: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, past performance, etc., will be provided for this contract to meet the specifications denoted herein at a paramount level. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the most business practices in the industry and as determined by the designated City of Boynton Beach representative. Bid No. EV24-034 Rental Equipment for Various Events 21 Ila VENDOR SERVICE REPRESENTATIVE: The Vendor must submit with their bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after-hours, weekends, and holidays must be identified. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists, or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the Vendor's authorized signature affixed to the Vendor acknowledgment attests to this. INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the "itemized" invoice and the Work Schedule (Logs) and review of any Performance Evaluation Forms. The Finance Department processes payments either through E -Payables or paper checks every two (2) weeks and all checks are mailed. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: ldtiilliitiiesfiinalnce Iblbfll..us; IPIk�lkfl..us All invoices submitted shall consist of an original and one (1) copy as follows: A. Clearly reference the subject Contract or Purchase Order number; B. Provide a clear description to identify the goods and services for which payment is requested; C. Contain date of delivery and/or completion of phased services; The City shall make payment after receipt of a proper invoice in accordance with Florida's Local Government Prompt Payment Act. 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 re -submit a corrected invoice to the City for processing. TRANSFER PROHIBITED: The successful Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of their bid award, or of any or all of their or its rights, title, or interest therein, or their or its power to execute such award to any person, company or corporation without prior written consent of the corresponding governmental entity. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. PROPERTY DAMAGE: If property (public or private) is damaged while Vendor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No. EV24-034 Rental Equipment for Various Events 22 i,3n INVITATION TO BID RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No.: EV24-034 BIDDERS SUBMISSION REQUIREMENTS 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. a) Online Acknowledgement ❑Proposer Acknowledgement ❑Addenda Acknowledgement ❑Confirmation of Drug-Free Workplace ❑Palm Beach Inspector General b) Online Forms ❑Letter of Interest ❑Confirmation of Minority-Owned Business ❑Local Business Certification ❑Schedule of Sub-Consultants ❑References C) Upload Online ❑Bid Form ❑Bidders Qualification Statement ❑Anti-Kickback Affidavit ❑Non-Collusion Affidavit of Proposer ❑Certification Pursuant to Florida Statute § 287.135 ❑Submit current Florida Professional License, including evidence of possession of required licenses or business permits ❑E-Verify Form Pursuant to Florida Statute § 448.095 ❑ W-9 ❑Submit any Supplemental information relative to this Bid Bid No. EV24-034 Rental Equipment for Various Events 23 lin THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 24 van BID FORM RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No.: EV24-034 III "'O Bl:: CO M llf) III,,,, Ilf iii! "'I" Viii! 11;1 ANI) U II:� III,,,.O AI11) Viii! 11) 011i4' III,,,, III IN Viii! The City of Boynton Beach is requesting bids for the rental and delivery, set up, knockdown, and pickup of RENTAL EQUIPMENT FOR VARIOUS EVENTS. The City of Boynton Beach is seeking a firm price for Rental Equipment for Various Events in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Submitted By: (BIDDER) Date: To furnish and deliver all materials in accordance with the Bid Documents, as follows: The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a Contract with the CITY to furnish and deliver all materials, as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) calendar days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) calendar days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors, or discrepancies that it has discovered in the Bid Documents, and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the specifications listed. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. Communications concerning this Bid shall be as follows: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 25 i,3n Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of 2024. a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 26 BIDDER'S QUALIFICATION STATEMENT III"'0 Bllfiii; COMAf)III,,,,llfiii!"'I"Ilfiii11) A141)Ullf)lll,,,.0 llf)llfiii!Ilf) 0111 III,,,,IIIINIIfiii! The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Telephone No.: Email Address.: 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. 3. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: Cl. Vice President's name: e. Secretary's name: 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: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 27 Check One Submitted By: Corporation Name: Partnership Address: Individual City, State, Zip: Other Telephone No.: Email Address.: 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. 3. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: Cl. Vice President's name: e. Secretary's name: 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: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 27 4. What is the last project of this nature that you have completed? C. State whether general or limited partnership: 5. If Proposer is other than an individual, corporation, or partnership, describe the organization and give the name and address of principals: 6. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 7. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 5. Have you ever failed to complete work awarded to you? If so, when, where, and why? 6. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 7. Indicate registration, License Numbers, or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 8. Will you sublet any part of this WORK? If so, give details. 9. State the name and address of the Attorney, if any, for the business. 10. State the names and addresses of all businesses and/or individuals who own and have interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 28 11. State the names, addresses, and the type of business of all firms that are partially or wholly owned by the bidder: 12. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 13. What will be your turnaround time for written responses to the City's inquiries? 14. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1? YES NO 15. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 16. List and describe all bankruptcy petitions (voluntary or involuntary) that have been filed by or against the Bidder, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description the disposition of each petition. 17. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Bidder 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. 18. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in detail the circumstances and prospects for resolution. 19. Bank References (include name, job title, address, and telephone number of contact person) — Minimum 1 20. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. I Government Related Work THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 29 i,3n b. Non -Governmental Related Work Total Work (a +b): Rprvicpc Rpvpnup Inrlpx Niimhpr 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 21. Provide a description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 22. Provide a description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract, and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BI DDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signed) (Title) The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 20_, by who is personally known to me or who has produced identification. Subscribed and sworn to before me This day of 12024 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 30 as ANTI-KICKBACK AFFIDAVIT 11I 01131:: collwl:)[ 11::! ['11::11) ANI) Wl:)[ OA1111::11�) 011*11 INI: ..................................... ::::: .......................................................... ::::� ............ .............................................................................................................. = ............................................................. STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, 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. By: NAME - SIGNATURE The foregoing instrument was acknowledged before me, by means of El physical presence or El online notarization, this day of , 20—, by I who is personally known to me or who has produced as identification. Sworn and subscribed before me this day of 2024 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 31 1209 NON -COLLUSION AFFIDAVIT OF PROPOSER III"'0III3I1:: COUN�IIf��lll,,,,Ilfiii!"'['11:ii11) AIIIMII) UIIf:1111,,,,0 111:116:]1:;) 01141,,,,llllll�llfiii! State of ) County of ) being first duly sworn, deposes and says that: 1) He / She is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He / She 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. 7) Failure to submit this executed statement as part of the bid shall make the bid nonresponsive 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. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 32 .171 NAME RELATIONSHIP Witnesses: BIDDER: Signed: Typed name: Name: Title: Typed name: The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 20_, by , who is personally known to me or who has produced as identification. Subscribed and sworn to before me This day of 2024 Notary Public (Signature) My Commission Expires: (Signed) (Title) THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 33 1911 CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES III"'0 Bllfiii; collwIf)III,,,,llfiii!"'I"Ilfiii11) MINI)UIlf1lll,,,.0 Ilf)llfiiiJ1) 0111�III,,,,IIIINIIfiii! I, , on behalf of certify that Print Name and Title does not: Company Name 1. Participate in a boycott of Israel; and Company Name 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) calendar 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 section 287.135, Florida Statutes. 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 section 215.473, Florida Statutes, or are engaged in business operations in Syria. 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. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 34 1212 COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 3S 171 M CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES III"'O Bllfiii; COMAf)III,,,,Ilfiii!"'I"Ilfiii11) A141)UIIf)III,,,.O 1111116:111) OIII III,,,,IIIINIIfiii! Project Name: Solicitation No 1. Definitions: RENTAL EQUIPMENT FOR VARIOUS EVENTS BID: EV24-034 "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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 36 1214 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 section 448.09 (1), Florida Statutes, the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated section 448.095 (2), Florida Statutes, but the Contractor otherwise complied with section 448.095 (2), Florida Statutes, shall promptly notify the 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 , 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. EV24-034 Rental Equipment for Various Events 37 y RENTAL EQUIPMENT FOR VARIOUS EVENTS BID No.: EV24-034 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO RIE IIE II "'rIE IIS IE', II) I1114 iir"'ri IE', II&III IIFYID II II III"'lIFI::::;II III,,,,,I1 II III.....'. 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 products/services called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, and for the prices quoted thereon as follows The undersigned proposes to deliver the service in accordance with the specifications for: "RENTAL EQUIPMENT FOR VARIOUS EVENTS". The below items are requested per day, per item quote. If an item is not in inventory, please quote comparable items. Include all needed materials to provide a complete setup (weights, cover, extension cords, etc.) for items as needed. Please make note if items are not in inventory and you are unable to provide a comparable replacement. Additionally, make note of the total amount of items in stock: Note: Tents must not be spiked. They must be cement -weighted or water -barreled. ALL PRICES MUST INCLUDE DELIVERY, SET UP, KNOCKDOWN, AND PICKUP. TENTS, SIDEWALLS, AND STRING LIGHTS DESCRIPTION UNIT IN STOCK UNIT PRICE TOTAL COMMENTS 20'X 20' White Frame Tent (needs permits) Day $ 10'X 20' White Hi - Peak Tent (needs Day $ permits) 10' X 10' White Hi - Peak Tent Day $ 20'X 30' White Frame Tent (needs permits) Day $ 30'X 40' White Frame Tent (needs permits) Day $ 40'x 20' White Tent weighted with covers Day $ needs permits THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 38 40'x 40' White Tent weighted with covers Day $ (needs permits) 30'x 60' White Tent weighted with covers Day $ (needs permits) 30'x 25' Bandshell Tent (needs permits) Day $ 20'X 8' White Sidewall Day $ 10'x 20' White Sidewall Day $ String Lights String $ TABLES, CHAIRS, AND TABLECLOTHS 48" Round Dining Table w/ Umbrellas & Table $ Base Picnic Table with Umbrella & Base Table $ 6'X 30" Banquet Table Table $ 6'X Spandex Tablecloth Cloth $ 6'X 30" Banquet Table Table $ 8'X 30" Banquet Table Table $ 60" RD Table Table $ Glow High -top w/ Spandex Table $ 90" X 132" Poly Tablecloth or 6' Cloth $ Spandex 90" X 156" Poly Tablecloth or 8' Cloth $ Spandex 120" RD Poly Tablecloth Cloth $ Black Contour Chair Chair $ White Resin Padded Garden Chair Chair $ THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 39 White Contour Chair DELIVERY & SET-UP UNIT PRICE COMMENTS I Chair I I $ I I I ADDITIONAL SERVICES DELIVERY & SET-UP UNIT PRICE COMMENTS COSTS 3'X 10' Picket Fence Piece $ Permit Fee Event $ Delivery or Pickup before 9 a.m. Event $ Delivery or Pickup after 5:00 p.m. Event $ Sunday Delivery or Pickup Event $ Holiday Delivery or Pickup Event $ THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 40 .171 DRAFT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND [entity name] SUBJECT TO REVISIONS PRIOR TO SIGNING THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and [INSERT ENTITY NAME] a [INSERT type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of [INSERT ADDRESS], 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 the services, work, and all labor, equipment, and materials related as described in Bid No. EV24-034 — Rental Equipment for Various Events. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Rental Equipment for Various Events. The terms and conditions of Bid No. EV24-034 and VENDOR's bid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, Bid No. EV24-034, and VENDOR's bid, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) Bid No. EV24-034; and 3. VENDOR's bid. 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 equipment required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on [insert date], and shall remain in effect through [insert termination date] unless otherwise terminated in accordance with this Agreement ("Initial Term"). 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 ("Renewal"). Such Renewals are only effective and valid if in writing and executed by each parties' authorized representative. Both the Initial Term and all Renewals shall be collectively referred to as the "Term." Price increases will be subject to the CITY's approval at one (1) year renewals. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar days prior to the respective term anniversary date. Price adjustment for any additional one-year term will be subject to the City's Commission approval. The price increase percentage change shall not exceed the previous one (1) -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics, or a maximum of five percent. 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 THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 41 171 contracted price without express written modification of the Agreement signed by the CITY Manager or designee as approved by the City Commission as required. 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 CITY's ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and 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 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 Work 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 Work 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 through the conclusion of any appeals, 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 Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Risk Management. All polices shall be written by an insurance company authorized to do business in THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 42 .177 Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work 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 12, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability, and Employer's 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) calendar 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 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. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 43 1221 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work 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 it 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 Agreement, and that VENDOR 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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 Work 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) business days of written notice by the CITY to the VENDOR in which event the VENDOR shall be paid its compensation for services performed through the termination date, including services reasonably related to termination. In the event that the VENDOR abandons this Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause by CITY for reasons including, but not limited to, VENDOR's failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices. C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR 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 VENDOR and the CITY, if the CITY so chooses. D. Notice of termination shall be provided in accordance with the "Notices" section of this Agreement. E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by CITY due to VENDOR's failure to comply with any term(s) of this Agreement. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 44 1222 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Copy to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Shawna G. Lamb, City Attorney 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Address: Phone: Email: 18. PUBLIC RECORDS. The Vendor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the Work; 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 THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 45 .177 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'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 iit 11 ir1k( Iblbf1,,uS 19. UNCONTROLLABLE FORCES. A. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. B. Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non- performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 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 is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 46 1224 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: 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. 23. MISCELLANEOUS. A. No assignment by a party hereto of any rights under or interests in this Agreement 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 this Agreement. B. CITY and VENDOR 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 this Agreement. C. 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. D. 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 VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 47 .177 Payment of the invoice and acceptance of such payment by VENDOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR'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. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the 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 VENDOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. H. This Agreement will take effect on the Effective Date. 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. 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR: The abandonment of the project by VENDOR for a period of more than seven (7) business days. II. 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. III. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. V. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 48 .177 under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of VENDOR's assets, or for VENDOR's interest in this Agreement, where possession is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. i. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable. ii. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR the costs incident thereto to such default. iii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies. 25. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 26. TRUTH -IN -NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged to the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside vendors. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 27. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual's personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to Vendor and any subcontractor having access to personal identifying information pursuant to this Agreement, Vendor and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events 49 1227 Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. SIGNATURE PAGE FOLLOWS THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. EV24-034 Rental Equipment for Various Events s0 .177 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this day of 12024. CITY OF BOYNTON BEACH COMPANY Daniel Dugger, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Office of the City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk Bid No. EV24-034 Rental Equipment for Various Events 51 177 ATTACHMENT "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 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 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 INSURANCEADVTSORYFORM Revised 04/2021 Bid No. EV24-034 Rental Equipment for Various Events $ 300,000.00 Limits based on Project Cost Limits based on Project Cost 52 y L- 0 d o c i t •c o x o > o -0_ O = +•, LL C LO LO LO LO LO LO LO LO C a 3 _= atv� El El w❑❑❑❑❑❑❑❑ CT y� OY a) ALL U)' - a) 6i co C w r rn i a -2 Q C NU O O t fa �_ O a) O _ ui C p C `0 CU O Q T ❑❑❑❑❑❑❑❑ O m >l) C6 w 0) m C N S U Q O O O w w m > U O E O y 3 U a) U Z7l C C O� O C co O 0) L O U -9 E fl, p — OU (n OU Na) CO co co co co M co m .y c m ca Ca a IL o 0 o > in❑❑❑❑❑❑❑❑ W _ U ew. w� Q �i ca'� m O O J CCS U i --i '- m Y O N If- a) W O O U ca a CU c '0 o H W c c c c p V a) o � Q- m .c Z O O O fq CC) Usz —L 0) N N N N N N N N WO o3a,a 00 L ca H ° Q)Ea) _ w O c c j y d aLn D O w] i U 0 L)O � � 4 m p U a) V � 42 � co d r=.. C6 O C co W O O N i d> N O O N a) o W a) U J a) C U �C❑❑❑❑❑❑❑❑ Y_ UO co (n O Q� '�7r Lp p �0 ?� N L C C O . 6 O W VN d Q a) — a C6 0 CL a) E=� E 3> � 7-� 'p C� V V 0)— c O U E> a) n4 7acma) o.o a,�a a) W� �Um ��y= c� moc o a — a �! i w. C C6 O P �� E =�Tp a)� U C H N a) !F; o) .� w U O O ai E cu N a) L y _ O > OO n v O w H �� ..a = U U a) O o o °i'at o o o f QL a cco N O m cc "" `� O E UJ U U CO L U Q c r°✓' V) � W p y i d Q Q a O O O N cu 00 T co .� N ,v=r d u) °a) 3a oa O O � QoT O w U) O c CD io > = O M a) U= a o a , 0 4 P2 -o Y i Cola) �"�� a)cc O � o 3 a v m 0O Q. mQ( cEcnc U) a��i co~ E > £ O i "� �" �` (V N O O r U0 a) a) d (� co z� v L U 0 .> M E co o i U E E V i H O `° O C O � 'O O U C a) O U L o U � ol � L (6 (6 fO 3 t � Z L m 0 E Cn ca C L Q m C a) a) 0 — 3 LO E O� U � co a) C .T. C (6 Q d O O O O C6 U C W (6 U 1 E C C6 O U 7 (6 a) a) O L O O L , CC) U Wcu a L6 O 'V p U m d U = Q U C6 -0� y fE 6 6 a) OL a) 7 O 0 O a) 'a � m p ani .° E `o U a) .S d) a a_ W Cn Ll_ C� U Q m O O :% d h UU C to U (L6 � L O L N UO U p CL Y ate... ate... N E E N th lt) (D I` 00 6 .-i .... O .= V A CL U CO co n 1231 55 1232 2 � \ k \ k \ } ƒ \ z ❑❑ ❑ El ❑ ƒ \ k a � $ 0 m o q j F \ � � § \ / k E 2 \ \ E2 0 r_o g LU % \ cn § (CL � 7 x� � 0r3 ƒ w \ co M / �2 _ � 5 ƒ 2 / E _ } \ 0 \ } \ 0 o \) \ coZ�k m � \ \ / §¥ W= o @ 0? 2 / E �= W.g Cy a 5 E U) @g «§ = e = { J=2 S \ 0m !2 «\ m _0 \� 2 \ \ U) �� a) g= �E 7 \\ U/ f @ 7 / E _05} / 2 \ q£ F3 .2: 6 a , E2 2 = k \\ \ / U\ / Cl. 0 \\) u ƒ / \ \ 2\ \k 0 = � a E \ A \ 2 m } @ _ _ / _ \ @ E » a) 2 = E % 40- ' E § c \ \ ) o \ § ) S $ _ + ¥ o / c ® _ a = _ o _� _ ¥ CL k a k \ E E\ / / k 0 / \ \ \ ) 2 § � S \ J & S \ & E 7 _ -0 _ ° E o = o u e 7 c / 0 ` * § ` m E / k % \ \ @ a _o ® \ a, a) \)k _ /ƒ _ \ @ e \ t E / E / §} a) » a)a » \ \ 0 \ E \ d \ § 3 CL/ K § _ p < ) / 0 o e Q Q m I < e o\ \/ \\_ _ §;� \ / \ ) \ / / a a K / ƒ6 a c a 7 E & � z 4t E z > ±± § I 1232 EV24-034 - Rental Equipment for Various Events Opening Date: April 23, 2024 12:00 PM Closing Date: May 16, 2024 2:30 PM Bid Number: EV24-034 1233 The City of Boynton Beach utilizes an electronic online bidding system service for notification and distribution of its solicitation documents; please visit 512yntatl... beac h. b i dsandten ders, net. .......................................................................................... ELECTRONIC PROPOSAL SUBMISSIONS ONLY shall be received by the City's e-procurement Bidding System. Hardcopy submissions are not permitted. Electronic Request for Qualification/Request for Proposal/Invitation for Bid Proposals for this solicitation shall be received by the City's e-procurement bidding system no later than May 16, 2024, No Later Than 2:30 PM (Local Timet Late responses are not pennitted by the bidding system. It shall be the sole responsibility of the proposer to have their Request for Qualification/Request for Proposal/Invitation for Bid submittal submitted online. Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. It is the responsibility of the Proposer to have received all Addenda that are issued. Proposers should check online at ff3rvnton-beach.bidsarrdtenders.net prior to submitting their Submittal and up until the Bid closing time and date in the event additional addenda are issued. To obtain documents online, please visit F3.ogon-.beach.bidsandtenders.rret. You may preview the solicitation documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. Proposers are cautioned that the timing of their Submittal Submission is based on when the Submittal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. For the above reasons, it is recommended that the Proposer allow sufficient time to complete your online proposal submission and to resolve any issues that may arise. 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 Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at..iks.net. To ensure receipt of the latest information and updates via email regarding this Request for Qualification/Request for Proposal/Invitation for Bid, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. All expenses for making Submittal responses to the City are to be borne by the Proposer A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualification/Request for Proposal/Invitation to Bid for review. Any exceptions taken to the terms and conditions of the City's agreement shall be considered a part of Vendor's solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions to the agreement does not denote acceptance by the City. Furthermore, talking exceptions to the City's terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a vendor's submittal. The City reserves the right to modify the contract language prior to execution. Each Proposer, by submission of a proposal response, acknowledges that in the event of any legal action challenging the award of a Request for Qualification/Request for Proposal/Invitation for Bid, damages, if any, shall be limited to the actual cost of the preparation of the Proposer. Bid Number: EV24-034 1234 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. BID PROPOSAL - Tents, Sidewalls, and String Lights BID PROPOSAL SHEET - Price Proposal Online Form 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 products/services called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, and for the prices quoted thereon as follows. The below items are requested per day, per item quote. If an item is not in inventory, please quote comparable items. Include all needed materials to provide a complete setup (weights, cover, extension cords, etc.) for items as needed. Please make note if items are not in inventory and you are unable to provide a comparable replacement. Additionally, make note of the total amount of items in stock: Note: Tents must not be spiked. They must be cement -weighted or water -barreled. ALL PRICES MUST INCLUDE DELIVERY, SET UP, KNOCKDOWN, AND PICKUP. P' We will not be submitting for BID PROPOSAL - Tents, Sidewalls, and String Lights DESCRIPTION UNIT IN STOCK UNIT PRICE * TOTAL COMMENTS 20' X 20' White Frame Tent (needs permits) Day 10' X 20' White Hi -Peak Tent (needs Day permits) 10' X 10' White Hi- Peak Tent Day 20' X 30' White Frame Tent (needs permits) Day 30' X 40' White Frame Tent (needs permits) Day 40' x 20' White Tent weighted with covers (needs Day permits) 40' x 40' White Tent weighted with covers (needs Day permits) 30' x 60' White Tent weighted Day with covers (needs permits) 30' x 25' Bandshell Tent (needs Day permits) 20' X 8' White Sidewall Day 10' x 20' White Sidewall Day String Lights String 3' X 10' Picket Fence Piece Permit Fee Event Delivery or Pickup before 9 a.m. Event Delivery or Pickup after 5:00 p.m. Event Sunday Delivery or Pickup Event Holiday Delivery or Pickup Event Subtotal: Bid Number: EV24-034 1235 BID PROPOSAL - Tables, Chairs, and Tablecloths The below items are requested per day, per item quote. If an item is not in inventory, please quote comparable items. Include all needed materials to provide a complete setup (weights, cover, extension cords, etc.) for items as needed. Please make note if items are not in inventory and you are unable to provide a comparable replacement. Additionally, make note of the total amount of items in stock: ALL PRICES MUST INCLUDE DELIVERY, SET UP, KNOCKDOWN, AND PICKUP. P' We will not be submitting for BID PROPOSAL - Tables, Chairs, and Tablecloths DESCRIPTION UNIT IN STOCK UNIT PRICE * UNIT PRICE TOTAL COMMENTS 48" Round Dining Table w/ Table Umbrellas & Base Is your company a Minority Owned business? Picnic Table with Umbrella Table & Base 6' X 30" Banquet Table Table AValue - 6' X Spandex Tablecloth Cloth Do you possess a certification qualifying your business as a Minority Owned business? 6' X 30" Banquet Table Table 8' X 30" Banquet Table Table Select A Value - 60" RD Table Table Date of Issuance Glow High -top w/ Spandex Table 90" X 132" Poly Tablecloth or 6' Cloth Spandex 90" X 156" Poly Tablecloth or 8' Cloth Spandex 120" RD Poly Tablecloth Cloth Black Contour Chair Chair White Resin Padded Garden Chair Chair White Contour Chair Chair 3' X 10' Picket Fence Piece Permit Fee Event Delivery or Pickup before 9 a.m. Event Delivery or Pickup after 5:00 p.m. Event Sunday Delivery or Pickup Event Holiday Delivery or Pickup Event Subtotal: Summary Table Bid Form Amount BID PROPOSAL - Tents, Sidewalls, and String Lights Subtotal Contract Amount: 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 Proposal responses. Description Response' Comments Is your company a Minority Owned business? SelectAValue - Please select the appropriate responseSelect AValue - Do you possess a certification qualifying your business as a Minority Owned business? SelectAValue - Issuing organization name Select A Value - Date of Issuance Select A Value - Bid Number: EV24-034 1236 Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response" 1 The Letter of Interest shall summarizes the Proposer's located within the Does the business have a primary qualifications and a firm commitment to provide Scope of Work: the proposed services. business tax receipt issued Local Business Status Certification 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. r- We will not be submitting for Local Business Status Certification Is the business Reference 1 - Completed or In Progress' Reference 2 - Completed or In Progress'" Reference 3 - Completed or In Progress'" Name of Firm: located within the Does the business have a Is the business registered Scope of Work: City limits of business tax receipt issued with the Florida Division of Number of years in business"' Business license number" Boynton Beach, in the current year? Corporations?'" Florida?'" End Date of Service: r- Yes Yes r" Yes Contact Person: rNo rNo rNo References In order to be considered, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms' or government agencies' experiences with your company; as such, please do not list the City of Boynton Beach as a reference. Description Reference 1 - Completed or In Progress' Reference 2 - Completed or In Progress'" Reference 3 - Completed or In Progress'" Name of Firm: Scope of Work: Project Location: Cost of Service: Start Date of Service: End Date of Service: Contact Person: Title: Email: Phone #: Bid Number: EV24-034 1237 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. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors 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, if required. Owner reserves the right to reject any subcontractors 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 in order to make a determination as to the foregoing. F If:�y olliiCkiiing here U con'hrrrn tthail there are no Suubcontiractoir(s) and Vie Il:�iiddeir shallll peirtorm the piropect wfllJhttlhleiiir "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 DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE • Bid Form * (mandatory) • Bidder's Qualification Statement * (mandatory) • Anti -Kickback Affidavit * (mandatory) • Non -Collusion Affidavit of Proposer * (mandatory) • Certification Pursuant to Florida Statute § 287.135 * (mandatory) • Certificates, Florida Professional Licenses and Business Permits, W-9 * (mandatory) • E -Verify Form Under Section § 448.095 Florida Statutes * (mandatory) • Submit any Supplemental Information relative to this Bid (optional) • Additional Document (optional) Bid Number: EV24-034 1238 Addenda & Declarations SPECIAL CONDITIONS PURPOSE: The City of Boynton Beach is seeking bids from qualified Vendors to provide Rental Equipment (tables, chairs, tents, etc.) for the various City of Boynton Beach ("City") sponsored events. Equipment will be provided on a per-event/as-needed basis. AWARD: The City reserves the right to make multiple awards for this Bid. Awards may be made to the lowest priced responsive and responsible Vendor(s) as follows: TENTS, SIDEWALLS, AND STRING LIGHTS: The City anticipates an award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all items within the group to be considered for award of the group and indicate "No Charge" for those items that are included at no charge in order to be responsive. Failure to bid on all items within the group will be construed as incomplete and ineligible for award of the group. TABLES, CHAIRS, AND TABLE CLOTHS: The City anticipates an award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all items within the group to be considered for award of the group and indicate "No Charge" for those items that are included at no charge in order to be responsive. Failure to bid on all items within the group will be construed as incomplete and ineligible for award of the group. ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section if unrelated to the services bid in the group above. If the services are related it will be required that a unit cost be given for that additional service. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." Items within this section will not be considered in the evaluation process for award recommendation. TERM OF CONTRACT: The initial term of the awarded contract shall be for two (2) years, effective upon a fully executed contract by all parties. The City of Boynton Beach may extend the Agreement at the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, and satisfactory performance as determined, and the renewal will be in the best interest of the City. The City reserves the right to exercise the option to renew annually. 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. 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 volatility affects the marketplace or industry, not just the particular successful BIDER'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. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City's approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1 -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City's Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination, the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under the agreement. It is hereby agreed and understood that at such times as may serve in the City's best interest, the City reserves the right to receive an award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Boynton Beach Purchasing Policy. ORDERING: The City reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract, and if the vendor is unable to comply therewith, the City reserves the right to purchase commodities/services from another source without penalty or prejudice to the City. FISCAL YEAR PURCHASE ORDER: Items shall be ordered via a Blanket Purchase Order on an "as needed" basis for each fiscal year that the Agreement is in existence at prices quoted per the Agreement. Invoices must be submitted against each individual blanket purchase order. The City Bid Number: EV24-034 1239 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. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) calendar days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is at the sole and exclusive discretion of the City. MARKET CONDITIONS: The City of Boynton Beach reserves the right to purchase on the open market should lower market process prevail, at which time the successful Vendor shall have the option of meeting the lower price or relieving the City of Boynton Beach of any obligations previously understood. COMPETENCY OF BIDDERS: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, past performance, etc., will be provided for this contract to meet the specifications denoted herein at a paramount level. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the most business practices in the industry and as determined by the designated City of Boynton Beach representative. VENDOR SERVICE REPRESENTATIVE: The Vendor must submit with their bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after-hours, weekends, and holidays must be identified. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists, or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the Vendor's authorized signature affixed to the Vendor acknowledgment attests to this. INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the "itemized" invoice and the Work Schedule (Logs) and review of any Performance Evaluation Forms. The Finance Department processes payments either through E -Payables or paper checks every two (2) weeks and all checks are mailed. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: Utiilliitiies:fiilrnalrpee. Ikslbfll••uus; IE."..IIfill,:u All invoices submitted shall consist of an original and one (1) copy as follows A. Clearly reference the subject Contract or Purchase Order number; B. Provide a clear description to identify the goods and services for which payment is requested; C. Contain date of delivery and/or completion of phased services; The City shall make payment after receipt of a proper invoice in accordance with Florida's Local Government Prompt Payment Act. 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 re -submit a corrected invoice to the City for processing. TRANSFER PROHIBITED: The successful Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of their bid award, or of any or all of their or its rights, title, or interest therein, or their or its power to execute such award to any person, company or corporation without prior written consent of the corresponding governmental entity. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. PROPERTY DAMAGE: If property (public or private) is damaged while Vendor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. u- I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. Bid Number: EV24-034 1240 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 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. II have ireviiewed the File Name Ibelow addeniduonn and Pages attaolharneirnts (il f applicable) There have not been any addenda issued for this bid. Bid Number: EV24-034 1241 EV24-034 - Rental Equipment for Various Events Opening Date: April 23, 2024 12:00 PM Closing Date: May 16, 2024 2:30 PM Vendor Details Company Name: C4 RENTS, INC. Does your company conduct business under any other name? If Florida yes, please state: 1654 C RD Address: LOXAHATCHEE GROVES, Florida 33470 Contact: Craig Martin Email: sales@c4rents.com Phone: 561-478-2525 HST#: 20-0481911 Submission Details Created On: Thursday May 16, 2024 12:38:31 Submitted On: Thursday May 16, 2024 14:19:28 Submitted By: Craig Martin Email: sales@c4rents.com Transaction #: 9639e7e9-Oab4-49dc-b1 c2-c5e2d923f145 Submitter's IP Address: 174.61.10.128 Bid Number: EV24-034 Vendor Name: C4 RENTS, 1242 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. BID PROPOSAL - Tents, Sidewalls, and String Lights BID PROPOSAL SHEET - Price Proposal Online Form 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 products/services called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, and for the prices quoted thereon as follows. The below items are requested per day, per item quote. If an item is not in inventory, please quote comparable items. Include all needed materials to provide a complete setup (weights, cover, extension cords, etc.) for items as needed. Please make note if items are not in inventory and you are unable to provide a comparable replacement. Additionally, make note of the total amount of items in stock: Note: Tents must not be spiked. They must be cement -weighted or water -barreled. ALL PRICES MUST INCLUDE DELIVERY, SET UP, KNOCKDOWN, AND PICKUP. 7 We will not be submitting for BID PROPOSAL - Tents, Sidewalls, and String Lights DESCRIPTION UNIT IN STOCK UNIT PRICE TOTAL COMMENTS 20' X 20' White Frame Tent (needs permits) Day 20 $300.0000 $ 300.00 10' X 20' White Hi -Peak Tent (needs permits) Day 35 $285.0000 $ 285.00 10' X 10' White Hi- Peak Tent Day 85 $145.0000 $ 145.00 Available in other colors upon request @ $165 20' X 30' White Frame Tent (needs permits) Day 20 $450.0000 $ 450.00 30' X 40' White Frame Tent (needs permits) Day 15 $840.0000 $ 840.00 40' x 20' White Tent weighted with covers (needs permits) Day 20 $600.0000 $ 600.00 40' x 40' White Tent weighted with covers (needs permits) Day 20 $1,200.0000 $ 1,200.00 30' x 60' White Tent weighted with covers (needs permits) Day 10 $1,350.0000 $ 1,350.00 30' x 25' Bandshell Tent (needs permits) Day 10 $360.0000 $ 360.00 20' X 8' White Sidewall Day 85 $35.0000 $ 35.00 10' x 20' White Sidewall Day $50.0000 $ 50.00 String Lights String 8000 $1.5000 $ 1.50 Ranges from $1.50 $3.50 Per ft 3' X 10' Picket Fence Piece 100 $20.0000 $ 0.00 Permit Fee Event $500.0000 $ 0.00 Delivery or Pickup before 9 a.m. Event $250.0000 $ 0.00 Delivery or Pickup after 5:00 p.m. Event $250.0000 $ 0.00 Sunday Delivery or Pickup Event $250.0000 $ 0.00 Holiday Delivery or Pickup Event $300.0000 $ 0.00 Subtotal: $ 5,616.50 Bid Number: EV24-034 Vendor Name: C4 RENTS, 1243 BID PROPOSAL - Tables, Chairs, and Tablecloths The below items are requested per day, per item quote. If an item is not in inventory, please quote comparable items. Include all needed materials to provide a complete setup (weights, cover, extension cords, etc.) for items as needed. Please make note if items are not in inventory and you are unable to provide a comparable replacement. Additionally, make note of the total amount of items in stock: ALL PRICES MUST INCLUDE DELIVERY, SET UP, KNOCKDOWN, AND PICKUP. r We will not be submitting for BID PROPOSAL - Tables, Chairs, and Tablecloths DESCRIPTION UNIT IN STOCK UNIT PRICE UNIT PRICE TOTAL COMMENTS 48" Round Dining Table w/ Umbrellas & Base Table 20 $85.0000 $ 85.00 Date of Issuance Input response in comments box to the right Picnic Table with Umbrella & Base Table 12 $225.0000 $ 225.00 6' X 30" Banquet Table Table 100 $14.0000 $ 14.00 6' X Spandex Tablecloth Cloth 100 $18.0000 $ 18.00 Black, White and Navy 6' X 30" Banquet Table Table 100 $14.0000 $ 14.00 8' X 30" Banquet Table Table 100 $15.0000 $ 15.00 60" RD Table Table 90 $14.0000 $ 14.00 Glow High -top w/ Spandex Table 35 $45.0000 $ 45.00 90" X 132" Poly Tablecloth or 6' Spandex Cloth 50 $18.0000 $ 18.00 Colors available upon request 90" X 156" Poly Tablecloth or 8' Spandex Cloth 50 $20.0000 $ 20.00 Colors available upon request 120" RD Poly Tablecloth Cloth 90 $15.0000 $ 15.00 Colors available upon request Black Contour Chair Chair 750 $1.5000 $ 1.50 White Resin Padded Garden Chair Chair 350 $3.2500 $ 3.25 White Contour Chair Chair 750 $1.9500 $ 1.95 3' X 10' Picket Fence Piece 100 $20.0000 $ 0.00 Permit Fee Event $500.0000 $ 0.00 Delivery or Pickup before 9 a.m. Event $250.0000 $ 0.00 Delivery or Pickup after 5:00 p.m. Event $250.0000 $ 0.00 Sunday Delivery or Pickup Event $250.0000 $ 0.00 Holiday Delivery or Pickup Event $300.0000 $ 0.00 Subtotal: $ 489.70 Summary Table Bid Form Amount BID PROPOSAL- Tents, Sidewalls, and String Lights $ 5,616.50 Subtotal Contract Amount: $ 5,616.50 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 Proposal 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 No as a Minority Owned business? 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: EV24-034 Vendor Name: C4 RENTS, 1244 Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the Proposer's Dear City of Boynton Beach, Does the business have a primary qualifications and a firm commitment to provide the proposed services. I hope this letter finds you well. I am writing on behalf of C4 Rents, Inc., a leading provider with the Florida Division of Number of years in business* of event rental solutions, to express our interest in serving as a valued partner for the Boynton Beach, in the current year? * upcoming events organized by The City of Boynton Beach. At C4 Rents, Inc., we understand the importance of creating memorable and successful events that resonate with the community. With our extensive experience and dedication to * Yes excellence, we are confident in our ability to contribute significantly to the success of your C Yes 20 upcoming events. * No r No We have had the privilege of working with various municipalities in the past, including this City, and each partnership has been characterized by seamless collaboration, attention to detail, and a shared commitment to delivering exceptional experiences. We are eager to continue to bring the same level of expertise and professionalism to Boynton Beach and its events. Our comprehensive range of event rental solutions includes but is not limited to: Tents and canopies of various sizes to accommodate outdoor events of any scale. High-quality furniture, including seating, tables, and decor, to enhance the ambiance of indoor and outdoor venues. We are committed to providing not only top -tier rental equipment but also exceptional customer service and support throughout the planning and execution process. Our team of experienced professionals will work closely with your staff to understand your vision, address any concerns, and ensure that every aspect of the event rental process is seamless and stress -free. We would be honored to have the opportunity to collaborate with Boynton Beach and contribute to the success of your upcoming events. Please find attached a detailed proposal outlining our services, pricing, and terms of engagement. Should you have any questions or require further information, please do not hesitate to contact me directly at sales@c4rents.com or 561-478-2525. Thank you for considering us as your event rental partner. We look forward to working together and helping you create unforgettable experiences for the residents of Boynton Beach Warm regards, Craig Martin Owner C4 Rents, Inc. 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. F We will not be submitting for Local Business Status Certification Is the business located within Does the business have a Is the business registered the City limits of business tax receipt issued with the Florida Division of Number of years in business* Business license number* Boynton Beach, in the current year? * Corporations? Florida? * * Yes r: Yes C Yes 20 0000012189 * No r No r No Bid Number: EV24-034 Vendor Name: C4 RENTS, 1245 References In order to be considered, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms' or government agencies' experiences with your company; as such, please do not list the City of Boynton Beach as a reference. Description Reference 1 - Completed or In Progress * Reference 2 - Completed or In Progress Reference 3 - Completed or In Progress " Name of Firm: City of West Palm Beach City of Riviera Beach Town of Lake Park Scope of Work: TENT:20' X 20' White Bandshell Tent (1)TENT:20' X 40' White Frame Tent (2) TENT:30' X 50' White Frame Tent (36) 4' X 4' Gray Stage Section (1)TENT:20' X 30' White Frame Tent (2) TENT:30' X 50' White Frame Tent 24' X 24' X 18" (9)TENT:10' X 10' White Hi -Peak Tent (2) TENT:10' X 10' White Hi -Peak Tent BLACK SKIRT W/ WOOD STEP (6)TABLES:6' X 30" Banquet Table (1) Delivery and Pick Up Service (35) TABLES:8' X 30" Banquet Table (3)TABLECLOTHS:90" X 132" Poly Tablecloth (3) TABLES:6' X 30" Banquet Table (30)CHAIRS:White Contour Chair (12) TABLES:36"RD X 42"H Table (50) 4' X 4' Gray Stage Section (19) TABLES:48"RD Table 20' X 40' X 5' (15) TABLES:60" RD Table (28) 4' BilJax Guard Rail (275) CHAIRS:Black Contour Chair (1) 24" - 42" 6 Step UltraStari with Handrails (10) CHAIRS:Natural Wood Bar Stool (1) Delivery & Pick -Up Service (12) ACCESSORIES:3' X 10' White Picket Fence (6) ACCESSORIES:8 QT Chafing Dish w/ 2 Sternos (1) Delivery and Pick up service Project Location: LAKE PAVILLION Avenue P and MLK Kelsey Park 101 S Flagler Dr, Riviera Beach, FL 33404 601 Federal Hwy, West Palm Beach, FL 33401 United States Lake Park, FL 33403 Cost of Service: $3,519.50 $5,394.50 $3,050.00 Start Date of Service: 07/03/2023 01/12/2024 11/18/2023 End Date of Service: 07/05/2023 01/13/2024 11/18/2023 Contact Person: Angela Poco Aladia Franks -Edwards Riunite Franks Title: Community Events Supervisor Special Events Manager Special Events Director Email: APoco@wpb.org AFranks@rivierabeach.org rfranks@lakeparkflorida.gov Phone #: 561.822.1517 (561) 845-3412 561-840-0160 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. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors 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, if required. Owner reserves the right to reject any subcontractors 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 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 Bid Number: EV24-034 Vendor Name: C4 RENTS, 1246 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. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE • Bid Form - Bid Form BB.pdf - Thursday May 16, 2024 13:56:00 • Bidder's Qualification Statement - Bidders qualification statement BB.pdf - Thursday May 16, 2024 13:59:33 • Anti -Kickback Affidavit - antikickback BB.pdf - Thursday May 16, 2024 14:01:04 • Non -Collusion Affidavit of Proposer - noncollusion BB.pdf - Thursday May 16, 2024 14:02:47 • Certification Pursuant to Florida Statute § 287.135 - Cert 287 135.pdf - Thursday May 16, 2024 14:04:48 • Certificates. Florida Professional Licenses and Business Permits. W-9 - BB Certificates and COls.pdf - Thursday May 16, 2024 14:17:50 • E -Verify Form Under Section � 448.095 Florida Statutes - E- Verify BB.pdf - Thursday May 16, 2024 14:07:11 • Submit any Supplemental Information relative to this Bid - Various equipment BB.pdf - Thursday May 16, 2024 14:10:46 • Additional Document (optional) Bid Number: EV24-034 Vendor Name: C4 RENTS, 1247 Addenda & Declarations SPECIAL CONDITIONS PURPOSE: The City of Boynton Beach is seeking bids from qualified Vendors to provide Rental Equipment (tables, chairs, tents, etc.) for the various City of Boynton Beach ("City") sponsored events. Equipment will be provided on a per-event/as-needed basis. AWARD: The City reserves the right to make multiple awards for this Bid. Awards may be made to the lowest priced responsive and responsible Vendor(s) as follows: TENTS, SIDEWALLS, AND STRING LIGHTS: The City anticipates an award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all items within the group to be considered for award of the group and indicate "No Charge" for those items that are included at no charge in order to be responsive. Failure to bid on all items within the group will be construed as incomplete and ineligible for award of the group. TABLES, CHAIRS, AND TABLE CLOTHS: The City anticipates an award to one (1) vendor for this group. Award may be made to the lowest priced responsive and responsible Vendor for this group. The Vendor must bid on all items within the group to be considered for award of the group and indicate "No Charge" for those items that are included at no charge in order to be responsive. Failure to bid on all items within the group will be construed as incomplete and ineligible for award of the group. ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section if unrelated to the services bid in the group above. If the services are related it will be required that a unit cost be given for that additional service. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." Items within this section will not be considered in the evaluation process for award recommendation. TERM OF CONTRACT: The initial term of the awarded contract shall be for two (2) years, effective upon a fully executed contract by all parties. The City of Boynton Beach may extend the Agreement at the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, and satisfactory performance as determined, and the renewal will be in the best interest of the City. The City reserves the right to exercise the option to renew annually. 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. 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 volatility affects the marketplace or industry, not just the particular successful BIDER'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. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City's approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1 -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City's Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination, the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under the agreement. It is hereby agreed and understood that at such times as may serve in the City's best interest, the City reserves the right to receive an award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Boynton Beach Purchasing Policy. ORDERING: The City reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract, and if the vendor is unable to comply therewith, the City reserves the right to purchase commodities/services from another source without penalty or prejudice to the City. FISCAL YEAR PURCHASE ORDER: Items shall be ordered via a Blanket Purchase Order on an "as needed" basis for each fiscal year that the Agreement is in existence at prices quoted per the Agreement. Invoices must be submitted against each individual blanket purchase order. The City Bid Number: EV24-034 Vendor Name: C4 RENTS, 1248 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. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) calendar days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is at the sole and exclusive discretion of the City. MARKET CONDITIONS: The City of Boynton Beach reserves the right to purchase on the open market should lower market process prevail, at which time the successful Vendor shall have the option of meeting the lower price or relieving the City of Boynton Beach of any obligations previously understood. COMPETENCY OF BIDDERS: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, past performance, etc., will be provided for this contract to meet the specifications denoted herein at a paramount level. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the most business practices in the industry and as determined by the designated City of Boynton Beach representative. VENDOR SERVICE REPRESENTATIVE: The Vendor must submit with their bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after-hours, weekends, and holidays must be identified. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists, or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the Vendor's authorized signature affixed to the Vendor acknowledgment attests to this. INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the "itemized" invoice and the Work Schedule (Logs) and review of any Performance Evaluation Forms. The Finance Department processes payments either through E -Payables or paper checks every two (2) weeks and all checks are mailed. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: Utilitiesfinance@bbfl.us; APft_bbfl.us All invoices submitted shall consist of an original and one (1) copy as follows A. Clearly reference the subject Contract or Purchase Order number; B. Provide a clear description to identify the goods and services for which payment is requested; C. Contain date of delivery and/or completion of phased services; The City shall make payment after receipt of a proper invoice in accordance with Florida's Local Government Prompt Payment Act. 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 re -submit a corrected invoice to the City for processing. TRANSFER PROHIBITED: The successful Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of their bid award, or of any or all of their or its rights, title, or interest therein, or their or its power to execute such award to any person, company or corporation without prior written consent of the corresponding governmental entity. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. PROPERTY DAMAGE: If property (public or private) is damaged while Vendor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. P I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Craig Martin, Owner, C4 Rents, Inc. Bid Number: EV24-034 Vendor Name: C4 RENTS, 1249 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 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) There have not been any addenda issued for this bid. Bid Number: EV24-034 Vendor Name: C4 RENTS, 1250 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. 06/18/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 06/18/2024 Development Order for the Conditional Use for Blueheart Adult Day Care (COUS - 2024.05.44744). Requested Action: Approve the Development Order for Conditional Use (COUS - 2024.05.44744) for Blueheart Adult Day Care to be located at 709 South Federal Hwy, Suite 1, in the Community Commercial (C-3) zoning district. Explanation of Request: The applicant is requesting Conditional Use (COUS - 2024.05.44744) approval to operate an adult day care facility at 709 South Federal Highway, Suite 1, with hours of operation from 8:OOam to 5:30pm. The subject property is currently developed with a two-story building that was approved for medical and retail uses (NWSP 09-001 & 11-002 & Building Permit 11-2234) and constructed in 2012. The subject property is generally located south of SE 6th Avenue and between SE 4th Street and South Federal Highway. The gross building area of the existing building is 8,806 square feet, and the adult day care is proposed in Suite 1, approximately 2,020 square feet, which was previously used as a pharmacy. The applicant's proposal includes interior renovation work only. Exterior alterations or building additions are not proposed. The Land Development Regulations require Conditional Use approval for adult day cares within the Community Commercial (C-3) zoning district. The application for Conditional Use (COUS - 2024.05.44744) has been reviewed against the applicable review criteria. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Develop ment_OrderCOUS-2024.05.44744.docx 1251 Staff Report Exhibit A 5E" Locaion Map.pdf Exhibit B a€" Project Description & Justification Statement.pdf Exhibit C 5E" Project Plans.pdf Exhibit D - Conditions of Approval.docx 1252 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Blueheart Adult Day Care (COUS - 2024.05.44744) APPLICANT: Oletha Blue, Blueheart Adult Day Care Center LLC APPLICANT'S ADDRESS: 709 S Federal Highway, Suite 1, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2024 APPROVAL SOUGHT: Approve request for Conditional Use (COUS - 2024.05.44744) for Blueheart Adult Day Care to be located at 709 South Federal Hwy, Suite 1, in the Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 709 S Federal Highway DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission, having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff, and the public, finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with the notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk 1253 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-020 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Development Director FROM: Jae Eun Kim, PLA Principal Planner DATE: May 28, 2024 CC Hearing Date: June 18, 2024 PROJECT: Conditional Use for Blueheart Adult Day Care COUS - 2024.05.44744 REQUEST: Approve request for Conditional Use (COUS - 2024.05.44744) for Blueheart Adult Day Care to be located at 709 South Federal Hwy, Suite 1, in the Community Commercial (C-3) zoning district. PROJECT DESCRIPTION Property Owner: HMRS LLC Applicant: Oletha Blue, Blueheart Adult Day Care Center LLC Location: 709 South Federal Hwy, Suite 1 (Exhibit A — Location Map) Future Land Use: LRC (Local Retail Commercial) Zoning: C-3 (Community Commercial) Acreage: 0.66 acres Adjacent Uses: North: Vacant lot, then right-of-way of SE 6t" Avenue, classified as Local Retail Commercial (LRC) land use, and zoned Community Commercial (C-3); South: Developed commercial property (Journey Community Church Inc), classified as Local Retail Commercial (LRC) land use, and zoned Community Commercial (C- 3); East: Right-of-way of Federal Highway; further east is developed multi -family residential (Sterling Village Condominium), classified as Medium Density Residential 1254 Page 2 Conditional Use for Blueheart Adult Day Care COUS - 2024.05.44744 (MEDR), and zoned Multi -family Residential (R-3); and West: Right-of-way of SE 4th Street; further west is developed single-family residential areas, classified as Medium Density Residential (MEDR), and zoned Single and Two-family Residential (R-2). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject property, and signs were posted for the City Commission meeting date. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The applicant is requesting Conditional Use (COUS - 2024.05.44744) approval to operate an adult day care facility at 709 South Federal Highway, Suite 1, with hours of operation from 8:00am to 5:30pm. The subject property is currently developed with a two-story building that was approved for medical and retail uses (NWSP 09-001 & 11-002 & Building Permit 11-2234) and constructed in 2012. The subject property is generally located south of SE 6th Avenue and between SE 411 Street and South Federal Highway. The gross building area of the existing building is 8,806 square feet, and the adult day care is proposed in Suite 1, approximately 2,020 square feet, which was previously used as a pharmacy. The applicant's proposal includes interior renovation work only. Exterior alterations or building additions are not proposed. The Land Development Regulations require Conditional Use approval for adult day cares within the Community Commercial (C-3) zoning district. The application for Conditional Use (COUS - 2024.05.44744) has been reviewed against the applicable review criteria. ANALYSIS Part III, Chapter 3, Article IV, Section 4.C. Standards for Evaluating Conditional Uses of the City's Land Development Regulations (LDRs) contains the following standards to evaluate the Conditional Use application. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit B — Project Description & Justification Statement). The City Commission shall consider only such conditional uses as authorized under the terms of the LDR's. Conditional uses may be granted as proposed or with conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or be denied when not in harmony with the intent and purpose of the Conditional Use application. In evaluating the application, the Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to the approved site plan (NWSP 09-001 & 11-002), there are two (2) points of C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDr 8\@BCL@540BE592\@BCL@540BE592.docx 2 1255 Page 3 Conditional Use for Blueheart Adult Day Care COUS - 2024.05.44744 ingress/egress to the subject property. The first point of ingress/egress is located on Federal Highway and the second ingress/egress point is from SE 4th Street, which directly serves the parking lot. The driveway connecting Federal Highway and SE 4th Street bisects the subject property and adequately accommodates vehicular circulation on site, including emergency vehicles and sanitation equipment. No changes to the ingress or egress patterns are necessitated by the inclusion of the proposed adult day care. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The existing parking lot accommodates 40 regular parking spaces, four (4) ADA parking space, and one (1) loading space as shown on the approved site plan (NWSP 09-001 & 11-002). The ADA parking spaces and loading space are close to the existing building entrance for easy accessibility. Pursuant to Chapter 4, Article V, Section 2, F. Table 4-21. Education Uses, the proposed adult day care requires one (1) parking space for each 300 square feet of gross floor area. Therefore, the proposed use requires seven (7) parking spaces. Conclusively, a total of 43 parking spaces are required and 44 parking spaces are provided on the property (see Exhibit C - Project Plans). Suite A Adult Day Care I space per 3010 scl. ft. 7 Parkings 20201 sq. ft. / 300 sq.ft. Suite B Research medical I space per 200 sq. ft. 8 Parkings 1,473 sq. ft. / 200 sq.ft. Suite C 2nd floor Medical I space per 200 sq. ft. 9 Parkings office 1,759 sq. ft. / 200 sq.ft. Suite. 1) 2nd floor Medical I space per 2001 sq. fit. 4 Parkings office 787 sq. ft. / 200 sq.ft. Suite E 2nd floor Medical I space per 200 sq. ft. 13 Parkings oIII cc 2,471 sq. ft. / 200 sq. It. Lobby, Mcch„ Room, and I space per 2010 sq. ft. 2 Parkings Elevator 300 sq. ft. / 200 sq.ft. Existing Total spaces 44 spaces Required Total 43 spaces According to the justification statement submitted by the applicant, the majority of the expected customers will be dropped off at the location, and therefore the proposed use will not generate additional parking demand. The applicant is not proposing to alter the existing parking lot for the adult day care. The existing parking lot will remain as approved and constructed. 3. Refuse and service areas, with particular reference to the items in standards a and b above. The existing enclosure for trash bins was designed and attached to the west building elevation. The architectural design of the enclosure consists of a six (6) -foot high fence, solid opaque doors, and shrubs. The existing trash enclosure will remain as approved and constructed. 4. Utilities, with reference to locations, availability, and compatibility. The Utilities Department has reviewed the project and confirmed that the City's water capacity is sufficient to provide the projected potable water requirements. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. 5. Screening, buffering and landscaping, with reference to type, dimensions, and character. C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@540BE592\@BCL@540BE592.docx 3 1256 Page 4 Conditional Use for Blueheart Adult Day Care COUS - 2024.05.44744 The main purpose of the City's landscape buffer requirements is to ensure compatibility of the proposed development with adjacent properties and to improve the appearance and character of the community by requiring quality plant material and appropriate placement. The applicable landscape buffer types are dependent on the zoning districts, uses, densities, intensities, and building height(s) of the subject property and abutting and/or adjacent properties. The subject property is located adjacent to the properties currently zoned C-3 (Community Commercial) to north and south. As aforementioned in this report, the applicant proposes an interior renovation work only for the adult day care, and therefore the application is not subject to landscape buffer requirements. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The applicant proposes to remove the existing wall sign and replace with a new sign for their business. The approved elevation plans (NWSP 09-001 & 11-002) depict a wall sign located above the building main entrance on the east fagade within the sign band area. A new sign must obtain sign permit approval and comply with the City's Sign Code requirements at the time of permitting (see Exhibit D — Conditions of Approval). The applicant is not proposing to alter any wall mounted lightings or site lightings. Furthermore, no additional signage is anticipated with the application. 7. Required setbacks and other open spaces. The subject property is situated in the Community Commercial (C-3) zoning district. According to the approved site plan (NWSP 09-001 & 11-002), the subject property complies with the setback requirements as defined in C-3 by providing 5-11" front setback, 4" interior side setback, and 240 -foot rear setback. As abovementioned in this report, neither exterior alteration nor addition is proposed. The building setbacks and landscape areas will remain as shown on the approved site plan (see Exhibit C - Project Plans). 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed adult day care is deemed to be compatible with the other uses within the C-3 zoning district and with the existing residential developments across from the subject property. The proposed hours of operation from 8:00am to 5:30pm will not adversely impact the neighboring residential properties or adjacent businesses. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. According to the Building and Site Regulations for the C-3 zoning district, the maximum allowable building height is 45 feet. According to the approved building elevations (NWSP 09-001 & 11-002), the existing building height is 40 feet, which does not exceed the maximum allowable height. The building elevation plans show that the building height is compatible with adjacent and nearby properties, as well as the typical building height found on other properties within the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. There should be no adverse effects on adjacent or nearby properties as a result of the proposed adult day care. C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyMr 8\@BCL@540BE592\@BCL@540BE592.docx 4 1257 Page 5 Conditional Use for Blueheart Adult Day Care COUS - 2024.05.44744 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations. The proposed interior renovation drawings and parking requirements have been reviewed against the applicable Land Development Regulations (Part III of the City's Code of Ordinances). Staff has concluded that the proposed interior work and parking requirements for the adult day care proposed at 709 South Federal Highway comply with the LDRs. However, the project is required to satisfy the Conditions of Approval (see Exhibit D - Conditions of Approval) at the time of permitting. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part ll, Chapter 15, Section 15-8. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. With all conditions and staff recommendations contained herein, the proposed use is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends APPROVAL of the proposed Conditional Use (COUS - 2024.05.44744) subject to satisfying all comments indicated in Exhibit D — Conditions of Approval. Any additional conditions required by the City Commission shall be documented accordingly in the Conditions of Approval document. ATTACHMENTS C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDr 8\@BCL@540BE592\@BCL@540BE592.docx 5 1258 1259 Exhibit B — Project Description & Justification Statement 1 of 3 Conditional Use Purposed Address Blueheart Adult Day Care Center L.L.0 709 S Federal Highway Unit 1 Boynton Beach FI, 33435 The application is specifically requesting the following: Conditional Use & Minor interior renovation for an Adult Day Care Center. Oletha Blue (Owner) on behalf of the Blueheart Adult Day Care L.L.0 purposed property, 709 S Federal Highway unit 1, Boynton Beach Florida 33435. respectfully requests a Conditional Use approval and Minor Interior Site Plan Modification from previously a pharmacy for the future use of Adult Day Care Center .The 0.6624 ACRES is Unit 1 which is 2020 s.f.) subject property (Property Control Number [PCN] 08-43-45-28-00-000-5020) is generally located on S federal highway just north of Woolbright and south of Boynton Beach Blvd. The building is currently on MEDICAL OFFICE- BUILDING UP TO 2 STORIES total s.f 9,200. Proposed site development consists of change of use from pharmacy (retail) to Adult Day Care Center, which means remodeling of interior, such as adding a ADA compliant bathroom and walls for office space, there will no need for any Exterior or Landscaping renovation. The use requested, an Adult DayCare Center with hours of operation 8:00 am to 5:30 pm), is a conditional use in the Community Commercial- C3 zoning district. The subject property supports a Future Land Use (FLU) designation of Local Retail Commercial (LRC) and is located within the Community Commercial (C3) Zoning District. Surrounding properties include: Proposed property: LRC, C3 (Medical building, Retail ) Adult Daycare Center North property is ( vacant lot, C3 medical building South property is Journey Church East property ( R3 Residential 55 community, C3 medical building West property ( parking lot, R3 residential homes) 1260 Exhibit B — Project Description & Justification Statement 2 of 3 Conditional Use Purposed Address Blueheart Adult Day Care Center L.L.0 709 S Federal Highway Unit 1 Boynton Beach FI, 33435 The application is specifically requesting the following: Conditional Use & Minor interior renovation for an Adult Day Care Center. 511&111aWINIR]Z The proposed change of use from pharmacy (retail) to an Adult Day Care Center which is C3 (14). During the hours of operation 8:00 am to 5:30 pm. The proposed business will provide assistance to the elderly community, also providing assistance with daily needs such as setup with transportation to and from program. This program provides social support, education, exercise and reduction in hospital and nursing home admissions. The program provides relief for caregivers that care for their loved ones on a daily basis. The program has been proven by the state to increase longevity and reduce risk of falls for those who live alone with no assistance. The adult daycare programs has also helped reduce stress,and mortality rates among the elderly population. The Adult Day Care is also less expensive than having nursing assistants in the home 24 hours a day. This program will help bring awareness and create jobs in the City of Boynton Beach fl. Standards of Code Compliance- For Conditional use approval request: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Response: The proposed development will have front entrance where transportation will enter building from S federal highway and exit through parking lot and exit onto road making a legal right hand turn. Pedestrian will be dropped off at handicap accessible ramp which will either enter purposed daycare or elevator entrance for 2nd for medical office. There will be no exterior renovations that is required so the proposed use is not expected to generate any potential hazards, problems, or public nuisances to this property. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Response: The proposed development is in compliance with the required number of parking spaces for the proposed Adult Day Care Center use number of parking spaces for the proposed Adult Day Care Center use. The minimum parking spaces calculated was 7 spaces. Required parking for Adult Day Care 1 space per 300 sq ft (purposed space 2000 sq st total number of parking spaces needed is 7. Total square foot of building is 9,200 sq ft. Total number of parking spaces is 46. Handicap spaces required: 2 space and total number of handicap spaces available: 5 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2. Response there are no requests for service area, as this is an existing medical building that only requires city trash pickup There are no dumpsters on sight. 4. Utilities, with reference to locations, availability, and compatibility. Response: The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Response: There will be no changes to exterior, building has existing landscaping and parking spaces per required codes. 1261 Exhibit B — Project Description & Justification Statement 3of3 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. Response: The applicant is not purposing any additions to signage that will cause inference with traffic safely or economical effects. Signs will only consist of removing existing pharmacy sign located on building and replacing with permitted logo signage. 7. Required setbacks and other open spaces. Response: There are no required need for setback or any other open spaces. 8. General compatibility with adjacent properties, and other property in the zoning district. Response: The proposed Adult Day Care Center is generally compatible with the remainder of the commercial uses on the corridor and with the adjacent residential properties. The property is surrounded by existing medical buildings, residential and commercial properties. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Response: The proposed Adult Day Care Center is an existing two- story structure, C3—C3 COMMUNITY COMMERCIAL (08-BOYNTON BEACH, which is compatible with the structures on adjacent properties, in the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole Response: The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property interior with the upgraded of ADA capabilities of interior improvements and use on the site, permit fees and certificate of use fees. The Adult Day Care will be a great asset for the neighborhood, community businesses and residents. It will provide a safe social environment for the elderly community and relief for caregivers at least 8 hours a day, also creating employment opportunities for the city of Boynton Beach residents. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; Response: A mixed use zoning district or redevelopment plan is not applicable to this project. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15 Section 15-8. Response: The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties.There will be no toxins or hazardous chemicals used for Adult Day Care Use. The proposed use would exist in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. 13. A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis. Response: This standard is not applicable to this project because there are no proposed uses for bars, nightclubs, and similar establishments. On behalf of the Applicant, 709 S federal Highway Unit #1 Boynton Beach fl 33435 Blueheart Adult Day Care Center L.L.0 respectfully requests your approval of this Conditional Use and Minor interior remodeling plan modification application. 1262 Q� zw�>z �3 z w�c7 a o z� v Za Q O _ o� w w a `x I w wS a w ° X =w oc awl'- vi W QFQ p Uvri o o O "o 2 8T W 2 Z w--97 7 m W x�jz�a .osr r vai CL a g 1L U F -O Fes- W r'nr c3 Z0XZ0 �` CY V) I- 6o w 4 Y Z w U z a C- w e��xi}�imma��.�r�r zw''' zjar�-`r z c:5 o LLl [j r`Zc or,oE U U nUwm M' cC LL�z��aoa�w� s ZpQ� Q uw. O.DZtY--. L Z Z M1� uiwa �v'Wqua ? w d LL W Z.w-z" .Y '0q, > It 5 Q = ViC(7 N oro?o-�zazi `Xdr% � ��zaoa� m w¢�� O "t z z S. o 2` w n Ci "' .- m Z w z z z Z w- W Z� Y as S V 4 0 .; U 0 z ma <" ti I,to C2 �G�O�Sa uJS<e.Jw0 J 49 �rA « 4 UJI w mto, ll .un UU to U � owow V� w�xrwagzwzuxi M ... ...... w ...... € x . gun r, . _.��P � ..... ..... .. \ I O Y; cl uj 6 ni G] w w a `x I w wS a w ° X =w oc awl'- vi W QFQ p Uvri o o O "o 2 8T W 2 Z w--97 7 m W x�jz�a .osr r 000 Yy o CL U V c. x Z z V, Z w O •`. w4Fy,y--. 0<0�0< w W g 1L U F -O Fes- W r'nr c3 Z0XZ0 �` CY V) I- 6o w 4 Y Z w U z a C- 6 w e��xi}�imma��.�r�r zw''' zjar�-`r z c:5 o LLl [j r`Zc or,oE U U nUwm M' z LL�z��aoa�w� wv ur w w y..w S O011.wn. cJ� w x wrnru N ZpQ� Q uw. O.DZtY--. L Z Z M1� uiwa �v'Wqua ? w d LL W Z.w-z" .Y '0q, > It 5 Q �rzd It "1Q�Z0 W Z ViC(7 N oro?o-�zazi `Xdr% � ��zaoa� m w¢�� O "t z z S. o 2` w n Ci "' .- m Z w z z z Z w- W Z� Y as S V 4 0 .; U 0 z ma <" ti I,to C2 �G�O�Sa uJS<e.Jw0 J 49 �rA « 4 UJI w mto, ll .un UU to Y; cl uj w w a `x I � w ° W QFQ p Uvri w�� W 2 zra arrw� "o 7 m w z o, x�jz�a .osr Z 000 Yy o wr"i g VUa x= a o aFztt 6 w � W H LL�z��aoa�w� a ZpQ� o. a OD °a Q oro?o-�zazi J w¢�� zz H z zm z z z trt- m x 0 w w a `x I <., wza W QFQ p Uvri w�� zra arrw� "o �— m x�jz�a .osr z w �ggw z-5 P:0KI-w xmtt O :� o aFztt a«�wQd H LL�z��aoa�w� ZpQ� OD OrgQ¢ Q oro?o-�zazi J w¢�� a G�oQzl=ggwdm } d Kv�Zp ti m F -a U � owow V� w�xrwagzwzuxi Viz, wz zaooa-owow axzF q�om ow xQox xxa-'ax JJ amwa z�zr W oZ., a+� �tzw� q�6 m�._W xW0 Zr�>g> aUp Zlla I Q w o z o� oo°w ZaaC� o��or Na owz zUZU¢OOOUOa LL z 0 4 W C✓ z — 2 U LL O — ' — za�P w a N ny a KO OZ , �5` a�YW C ¢ w¢¢ UV w JttZ FWOF�. Sow ��j`Y-'wm 4 w=\\ 12 a uN u w uo aur nwu wau q3 u rui j 03o a��m o Q ro (wIH 0 3I u�j W N W JJ W Z 3 _ N z Jjo F ruu U II F m O / UWP wu� _ r Kw _ u eau 3w~ Q o2 o w u I ~ ~ 0 23= y _ q � z �ow� N & w °o zvw 5 LU o�u �zwNz 3a3 z" N�'�F z Lu 2-------�1 w li a u..luamax Wz O Imo Q Q/ 75 26'-8" O Q Q J NZ %tlW .00 Q I•�aol Q ` ~¢Lu c)w InF X Lu 0 0 w� 3 it 3,-3Y � w O u� QK 1 6'-8' 5'-5"— 'i 57 0 - m� o o 9�° o� 6 - q a " 18'-3" o 6 y woga m �aa 73' 4" 74_8" 74-3" 3 8 � N 7-10 li 1 w3i� 10'-7"� �, w - 4°-19 -+ w 59'-8` 0'-7" a zoa 4—+ n e 7en�a 3z II¢om i ZM FS naw�m wo F rzil (5 It�l ,w�� alll Q O H 7�� O ¢�.1 w a m Y 8"° J' -7t wm m o> o w wa �3 „ Q d oW Q ea o l - ' ,w.v- II I dLu wIl m �54"O FE N oma' �7 „/ p#a rEpz�e miwa � e=ke"s O - O - r KUUJU waw zQz Z c6 0 0 0 0 m < z z < C) 2 w 0 EOL L U 4 1 �.4 LU x z z ZJ 0 co L) Ro w co .0 NEI 0 0 0 0 m < z z < C) 2 w 0 4 m m EOL L U 4 1 �.4 LU x z < ZJ 0 co L) Ro w co 4 m m L U 4 1 �.4 z < 0M7 1< 0 .0 NEI Pnt 22 S u u ze > LL nus Z IHI P: < 4 m m L U 4 1 �.4 z 0 .0 NEI Pnt 22 S LU K ze < LL nus Z IHI P: < /) L L) x 0 Lu W 4 m m L .J s 0 < Pnt 22 S ze LL nus IHI 4 m m .J s Pnt 22 S Eu .J s 22 S Eu IHI 2 o') >x a �LL LLL< w xz ao z c x a z - - raw w _ w� �wRE��wwzowxw >O _=tiw �oww paz a � o wwaoaw io NV 0 x o w azv� bm4 w _ x m z uw a N oa wv�ia Nj O ai__¢o��z rear v¢� u�woa �wzro.. om rwa- _ 0 � d a E... i ,. 6d„m "os V➢ E"� ,N =.r„ - N xt o c'9 z 6,.a v=$ ;so MA LL, z p'aN=v�Fa rsz> �� e�3 ow w u � ��izN =age m.- �° �v e- _ „em PH waa E� maga a LU o� w 3 3 � o D w > ® o� m - - (D z -z xq w - L �q a wm w# w ww w ww o2 ww w x w� xz www o www rt0 �w moo I.. z�w h w w w _ woo i wil C7 ¢ lut w _ z J _ F I I rn U z Q T< O �____ ___� co � U - w w w u) ' w^ �o j ' e� wo w r it a w� � E �> r e K I W o WQ aF a�w w wK �Q o tl� Z V w E a [~J h z Q s 73'-4' 2 s av w� w a — Z zo vF. d A a W � A o p> h s _44 - w sw �a Q Lj �€ �1 L� �; € 6•_�• ��I cwEE T EM Ti w w" 111111111111111111111111 11111 ll� x �r a s=s ¢00moo �o ah� `w EXHIBIT "D" Conditions of Approval Project Name: Blueheart Adult Day Care File number: COUS - 2024.05.44744 Reference: 1St review of plans and documents identified as a Conditional Use submitted on May 22, 2024 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: None X PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments X (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning Division one (1) week prior to the first public hearing. 2. Approval of the Conditional Use application does not grant business approval. The applicant shall obtain necessary approvals X from the City and other governmental agencies prior to operation of the business. 3. The subject property shall obtain approval of a Sign Program application prior to issuance of any sign permit application, pursuant to Chapter 2, Article II. Section 2. E. Sign Program and X Chapter 4, Article IV. Section 6. Sign Program of the City's Land Development Regulations. POLICE / FIRE Comments: None. BUILDING Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: None. CITY COMMISSION CONDITIONS Comments: TBD 1267 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 MARKETING AGREEMENT This MARKETING AGREEMENT ("Agreement") is entered into by and between the City of Boynton Beach, Florida, a Florida municipal corporation ("City"), and Utility Service Partners Private Label, Inc., a Delaware corporation, d/b/a Service Line Warranties of America ("Company"), herein collectively referred to singularly as "Party" and collectively as the "Parties". This Agreement shall be effective on the last signature date set forth below ("Effective Date"). RECITALS: WHEREAS, sewer laterals between the external wall of the residential private property to the homeowner's sewer cleanout or to the edge of the Right of way are owned by individual residential property owners residing in the City ("Property Owners"); and WHEREAS, water service lines between the water meter and the external wall of the residential private property are owned by Property Owners; and WHEREAS, City desires to offer Property Owners the opportunity, but not the obligation, to purchase a service plan and other similar products set forth in Exhibit A or as otherwise agreed in writing from time -to -time by the Parties (each, a "Product" and collectively, the "Products"); and WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of the National League of Cities Service Line Warranty Program and has agreed to make the Products available to Property Owners subject to the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: 1. Purpose. City hereby grants to Company the right to offer and market the Products to Property Owners subject to the terms and conditions herein. 2. City Obligations. A. Grant of License. City hereby grants to Company a non-exclusive license ("License") to use City's branding ("Marks"), on marketing materials in accordance with Exhibit A to be sent to Property Owners from time to time, and to be used in advertising (including on the Company's website), all at Company's sole cost and expense and subject to City's prior review and approval, which will not be unreasonably conditioned, delayed, or withheld. Company's use of the Marks in accordance with this Agreement will not infringe any other party's rights. In the event that City extends a similar license to a competitor of Company during the Term and any Renewal Term of this Agreement, the City shall provide thirty (30) days' notice prior to such grant of license and Company may immediately terminate this Agreement. 1268 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 B. Property Owner Data. If City elects to do so, City may provide Company with Property Owner Data for use by Company in furtherance of the advertisement, marketing, and sale of the Products. Any name, service address, postal address, and any other appropriate or necessary data for Property Owners in City is defined as "Property Owner Data". Property Owners Data shall be and remain City's property. For any Property Owner Data provided by City to Company, City warrants that Property Owner Data has been and will be collected in compliance with all laws, statutes, treaties, rules, codes, ordinances, regulations, permits, official guidelines, judgments, orders and interpretations ("Applicable Laws"); and City is permitted by Applicable Laws and by any applicable privacy policy to provide Property Owner Data to Company and to permit Company to use Property Owner Data for the purposes of this Agreement. A Property Owner who has purchased a Product is a member ("Member") and, following such purchase, all data in Company's control or possession relating to Members is Company's property. C. Entities of Foreign Concern. The provisions of this section apply only if Company or any subcontractor will have access to an individual's personal identifying information under this Agreement. Company represents and certifies: (i) Company is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Company; and (iii) Company is not organized under the laws of and does not have its principal place of business in a foreign country of concern. Prior to City providing any Property Owner Data to Company, Company and any subcontractor that will have access to personal identifying inforination shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 3. Term. The term of this Agreement ("Initial Term") shall be for Three Years from the Effective Date. The Agreement may be renewed for additional one (1) year terms (each a "Renewal Term", and collectively with the Initial Term, the "Term") upon a written amendment executed by the Parties at least thirty (30) days prior to end of the Initial Term or of a Renewal Term. In the event that Company is in material breach of this Agreement, the City may terminate this Agreement thirty (30) days after giving written notice to Company of such breach, if said breach is not cured during said thirty (30) day period. Company will be permitted to complete any marketing initiative initiated prior to termination of this Agreement and within fifteen (15) days after termination, City shall be paid the License Fee (as defined below) through the effective date of termination, after which time, neither Party will have any further obligations to the other and this Agreement will terminate. 4. Consideration. A. As consideration for such License, Company will pay to City a License Fee of as set forth in Exhibit A ("License Fee") during the Term of this Agreement. The first payment shall be due by January 30th of the year following the conclusion of the first year of the Term. Succeeding License Fee payments shall be made on an annual basis throughout the Term, due and payable on January 30th of the succeeding year, or within thirty (30) days after the expiration of this Agreement. City agrees to provide a completed Form W-9 to Company in order to facilitate proper payment of the License Fee. City will have the right, at its sole expense, to conduct an audit, upon reasonable notice and during normal business hours, of Company's books and records pertaining to any fees due under this Agreement while this Agreement is in effect and for one (1) year after any 1269 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 termination of this Agreement. B. In addition to the License Fees set forth in this Section, Company shall pay City a brand fee ("Brand Fee") as set forth on Exhibit A. Company will pay City Brand Fees within thirty (30) days after the date such Brand Fee becomes payable. 5. Confidentiality. Each party will treat all non-public, confidential and trade secret information (collectively "Confidential Information") received from the other party as confidential, and such party shall not disclose or use such information in a manner contrary to the purposes of this Agreement. Any material submitted to City that Company contends constitutes or contains Confidential Information, trade secrets, or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION — TRADE SECRET." In addition, Company must, simultaneous with the submission of any Confidential Information, provide a sworn declaration or affidavit from a person with personal knowledge attesting that Trade Secret Materials constitute trade secrets under Section 688.002, Florida Statutes, and stating the factual basis for same. If a third party submits a request to City for records designated by Company as Confidential, City shall refrain from disclosing the Confidential Information, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Company. Company shall indemnify and defend City and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of any Confidential Information in response to a records request by a third party. Notwithstanding the foregoing, the City shall not be liable for any disclosure of confidential information that is required to be disclosed under any applicable public records act, including, but not limited to, Chapter 119, Florida Statutes, or under court order. City shall provide notice to Company prior to any such disclosure pursuant to court order. 6. Code Change, The Parties understand that the pricing of the Products and compensation provided for in this Agreement are based upon the currently applicable City, municipal, or similar codes. In the event Company discovers a code change, Company shall have the ability to reassess the pricing of this Agreement. 7. Indemnification. Company will indemnify, defend, and hold City and its directors, officers, employees, agents, and assigns (collectively, the "City Parties") harmless against any and all third parry claims, liabilities, losses, damages, and expenses any City Party may suffer and which arise directly or indirectly from: (a) Company's breach of this Agreement; or (b) any negligent or fraudulent act or omission of the Company, or its officers, employees, contractors, subcontractors, or agents in the performance of this Agreement. Company will have no obligation to indemnify any City Party to the extent the liability is caused by such City Party's negligence or willful misconduct. Notwithstanding anything herein, and except to the extent sovereign immunity may be deemed to be waived by entering into the Agreement, nothing in the Agreement is intended to serve as a waiver of sovereign immunity by City nor shall anything included therein be construed as consent by City to be sued by third parties. City is a municipal corporation of the State of Florida as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees to the extent required pursuant to Section 768.28, Florida Statutes. 8. Notice. Any notice required to be given hereunder shall be deemed to have been given when notice is (i) received by the Party to whom it is directed by personal service, (ii) sent by electronic 1270 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 mail (provided confirmation of receipt is provided by the receiving Party), or (iii) deposited as registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows: To: City: ATTN: Dr. Poonam Kalkat City of Boynton Beach 100 E. Boynton Beach BLVD Boynton Beach, FL 33435 Email: kalkati2kbbfl.us Phone: (561) 742-6403 To: Company: ATTN: Chief Growth Officer Utility Service Partners Private Label, Inc. 601 Merritt 7, 6th Floor Norwalk, CT 06851 Phone: (203) 840-8276 9. Modifications or Amendments/Entire Agreement. Except for the list of available Products under the Agreement, which may be amended from time to time by the Parties in writing and without signature, any and all of the representations and obligations of the Parties are contained herein, and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing signed by that Party. 10. Assignment. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Parry unless such assignment or delegation is to an affiliate or to an acquirer of all or substantially all of the assets of the transferor. l l . Counterparts/Electronic Delivery, No Third Party Beneficiary. This Agreement may be executed in counterparts, all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by email and upon receipt will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. Nothing expressed or implied in this Agreement is intended, or should be construed, to confer upon or give any person or entity not a party to this agreement any third- party beneficiary rights, interests, or remedies under or by reason of any term, provision, condition, undertaking, warranty, representation, or agreement contained in this Agreement. 12. Choice of Law/Attorney Fees. The Parties shall maintain compliance with all Applicable Laws with respect to its obligations under this Agreement. The governing law shall be the laws of the State of Florida, without regard to the choice of law principles of the forum state. Venue for any litigation shall be exclusively in Palm Beach County, Florida. THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT. 1271 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 13. Verification of Employment Eligibility. Company represents that Company has registered with and uses the E -Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Company violates this section, City may immediately terminate this Agreement for cause and Company shall be liable for all costs incurred by City due to the termination. 14. Public Entity Crime Act. Company represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Company further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Company has been placed on the convicted vendor list. 15. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto are incorporated by this reference and expressly made part of this Agreement. [Signature Page Follows] 1272 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written below. CITY OF BOYNTON BEACH Name: Title: Date: UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. IDocuSigned by: ti&,a.d �a&'s Name: Michael Backus Title: Chief Growth Officer Date: 3/6/2024 1 5:11 PM EST 1273 DocuSign Envelope ID: 6DDB13CA-794E-4B1C-AA5E-CB90313D4BF3 Exhibit A NLC Service Line Warranty Program City of Boynton Beach Term Sheet January 10, 2023 L Initial Term. Three Years. II. License Fee. Company will pay City ten percent (10%) of the payments of plan fees actually received from members during the Term under any plans sold hereunder, net of any discount, rebates, refunds, chargebacks, credits, and sales or similar taxes incurred or paid by Company in connection with such plans for: A. Use of City logo and name on letterhead, advertising, signature line, and marketing materials. III. Brand License Fee. $ 30,000.00 spread across the first three years of the Tenn, as follows: A. Year 1 - $ 10,000.00 B. Year 2 - $ 10,000.00 C. Year 3 - $ 10,000.00 Payment of the Brand Fee for the first year is subject to the approval and mailing of the first campaign for that year. In subsequent years, payment of the Brand Fee is subject to City's timely approval of all other marketing materials for the prior year and the approval and mailing of the first campaign of the current contract year. IV. Products. A. External water service line plan (initially, $5.75 per month) B. External sewer/septic line plan (initially, $7.75 per month) C. Interior plumbing and drainage plan (initially, $9.99 per month) Pricing does not include taxes. Company may adjust the foregoing Product fees; provided, that any such monthly fee adjustment shall not exceed $0.50 in any 12 -month period. If such adjustment shall exceed $0.50, both Parties must agree in writing. V. Scope of Coverage. A. External water service line plan: i. Covers Property Owner responsibility: From the meter to the external wall of the home. ii. Covers thawing of frozen external water lines. iii. Covers well service lines if applicable. B. External sewer/septic line plan: i. Covers Property Owner responsibility: From the external wall of the home to the Property Owner's sewer cleanout or if no cleanout is installed, to the edge of the Right of way. ii. Covers septic lines if applicable. C. Interior plumbing and drainage plan: i. Covers water supply pipes and drainage pipes within the interior of the home. VI. Marketing Campaigns. Company shall have the right to conduct up to three campaigns per year (each campaign consists of two mailings) and such other channels as may be mutually agreed. Initially, Company anticipates offering the interior plumbing and drainage plan Product via in- bound phone or web only. 1274 n Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 F] 1275 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 f �1"ock safety ORDER FORM This order form ("Order Form") hereby incorporates and includes the terms of the previously executed agreement (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. This additional services Agreement will be effective when this Order Form is executed by both Parties (the "Effective Date") Customer: FL - Boynton Beach PD Legal Entity Name: FL - Boynton Beach PD Accounts Payable Email: Address: 2100 High Ridge Road Boynton Beach Florida 33426 Hardware and Software Products Annual recurring amounts over subscription tenn Flock Safety Flock OS F1ockOSR Elite Package Flock Safety Video Products Flock Safety Wing TM VMS Initial Term: 29 Months Renewal Term: 24 Months Payment Terms: Net 30 Billing Frequency: Annual Plan - First Year Invoiced at Signing. Retention Period: 30 Days Included 1 Included Included 650 Included Subtotal Year 1: $30,000.00 Annual Recurring Subtotal: $30,000.00 Discounts: $89,625.00 Estimated Tax: $0.00 Contract Total: $60,000.00 Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Tern:') unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. Special Terms: This Agreement supersedes previously executed agreement on 3/27/2024 between the Parties, relating to the provision of services for FlockOS - Advanced by Flock to Customer and any exhibits attached thereto or incorporated therein by reference. Any estimates provided on credits are subject to change based on payment for INV -37388 and execution of new contract. Estimated credit in the amount of $8,000.00 to be applied to initial pilot (5 months). 1276 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 Billing Schedule Bill Initial Pilot (5 Months) $8,000.00 Pilot Total (including Estimated Credit) $0.00 Year 1 At Contract Start (Due 10/1/2024) $30,000.00 Annual Recurring after Year 1 $30,000.00 Contract Total $60,000.00 *Tax not included Discounts 1277 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 Product and Services Description FlockOSTM I Flock Safety's situational awareness operating system. I The Term shall commence upon execution of this Statement of Work. FlockOS Features & Description .q Installation on existing One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with infrastructure the Flock Safety Advanced Implementation Service Brief. Professional Services - Standard One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance Implementation Fee with the Flock Safety Standard Implementation Service Brief. Professional Services -One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with Advanced Implementation Fee the Flock Safety Advanced implementation Service Brief. FlockOS Features & Description 1278 .q Wing Gateway, Wing Cloud, Wing VMS Unlocks access to purchase Wing. Custom Map Layers The F1ockOSk Map is powered by SSRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data. Axon BWC (Body Worn Camera) Locations Locate patrol officers and their BWC device statuses in one unified map view, optimizing coordination and response times. Map PDF Attachments Access a customizable, fully -hosted camera registry website to quickly identify nearby video sources during Camera Registry Program incidents. Strengthen community tics by incorporating fixed camera feeds from local schools, businesses, and neighborhoods. The interactive map lets you spot relevant cameras so you can easily contact camera owners to assist in investigations. Automatic Vehicle Location (AVE) Connection Boost situational awareness by displaying the Automatic Vehicle Location of patrol vehicles or other assets. This feature ensures resources are effectively allocated and response times are minimized. Computer Aided Dispatch (CAD) Connection Seamlessly incorporates your CAD system into FlockOS©. This crucial connection ensures that calls -for - service, locations, and actionable intelligence are displayed side-by-side, driving efficient call resolutions. Floor Plans Equip officers with detailed indoor layouts by layering building floor plans on the interactive ESRI-based map, enhancing tactical decision -malting during incidents. Drone Video Integration Access live drone video feeds, locations, and device statuses in one unified map view, increasing situational awareness and driving safe responses to critical incidents. Law enforcement agencies that already have an account with FirstTwo can enhance their Map by integrating vital intelligence to drive more informed responses. When there's an incident, like a FirstTwo Connection License Plate Recognition (LPR) alert or a Computer Aided Dispatch (CAD) Call for Service. FlockOS will show markers on the buildings near the incident. By clicking on a building marker, information about the residents in that building will be displayed. This includes their names, ages, addresses, and a link to FirstTwo for phone numbers and additional details. Enhance collective response and communications across your geographical region by pooling resources, Regionalization Support technology, and intelligence. With FlockOS© Elite, you can share integrated CAD systems and cameras with neighboring agencies to coordinate quick responses to emerging threats and crime patterns, creating a safer community for residents in your broader area while maximizing resources. Real -Time Routing Promote safety by utilizing camera streams and vehicle history to predict a vehicle's direction of travel, minimizing the risks associated with vehicle pursuits. SSO Ability to sign into the Flock Safety platform via Okta Single Sign On (SSO). This increases login speed and information security. Wing Gateway, Wing Cloud, Wing VMS Unlocks access to purchase Wing. Custom Map Layers The FlockOS® Map is powered by ESRI, which offers the ability for 3D visualization, viewing offloor plans, and layering of external GIS data. Axon BWC (Body Worn Camera) Locations Locate patrol officers and their BWC device statuses in one unified map view, optimizing coordination and response times. Map PDF Attachments Access a customizable, fully -hosted camera registry website to quickly identify nearby video sources during Camera Registry Program incidents. Strengthen community ties by incorporating fixed camera feeds from local schools, businesses, and neighborhoods. The interactive map lets you spot relevant cameras so you can easily contact camera 1278 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 1279 owners to assist in investigations. Automatic Vehicle Location (AVL) Connection Boost situational awareness by displaying the Automatic Vehicle Location of patrol vehicles or other assets. This feature ensures resources are effectively allocated and response times are minimized. Computer Aided Dispatch (CAD) Connection Seamlessly incorporates your CAD system into F1ockOS9. This crucial connection ensures that calls -for - service, locations, and actionable intelligence are displayed side-by-side, driving efficient call resolutions. Floor Plans Equip officers with detailed indoor layouts by layering building floor plans on the interactive ESRI-based map, enhancing tactical decision-making during incidents. Drone Video Integration Access live drone video feeds, locations, and device statuses in one unified map view, increasing situational awareness and driving safe responses to critical incidents. Law enforcement agencies that already have an account with FirstTwo can enhance their Map by integrating vital intelligence to drive more informed responses. When there's an incident, like a FirstTwo Connection License Plate Recognition (LPR) alert or a Computer Aided Dispatch (CAD) Call for Service, F1ockOS will show markers on the buildings near the incident. By clicking on a building marker, information about the residents in that building will be displayed. This includes their names, ages, addresses, and a link to FirstTwo for phone numbers and additional details. Enhance collective response and communications across your geographical region by pooling resources, Regionalization Support technology, and intelligence. With FlockOS® Elite, you can share integrated CAD systems and cameras with neighboring agencies to coordinate quick responses to emerging threats and crime patterns, creating a safer community for residents in your broader area while maximizing resources. Real -Time Routing Promote safety by utilizing camera streams and vehicle history to predict a vehicle's direction of travel, minimizing the risks associated with vehicle pursuits. SSO Ability to sign into the Flock Safety platform via Okta Single Sign On (SSO). This increases login speed and information security. 1279 DocuSign Envelope ID: 2098EF93-42CB-4153-86D2-6E18B3252F30 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Customer: FL - Boynton Beach PD �pDo�c�uuSigned by: & By: E�aII�A1247 . BY Mark Smith Name: General Counsel Title: 5/30/2024 Date: Name: Title: Date: PO Number: 1280 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri Flock Safety Professional Services Implementation Services Statement of Work For FL - Boynton Beach PD FlockOS Elite Effective Date: 5.6.24 Revision: 1.2 SOW Version: 1.2 Drafted by: Louie Rabenold Introduction This Statement of Work ("SOW") is between Boynton Beach Police Department ("Customer") and Flock Group Inc ("Flock Safety"). This Statement of Work is governed by the Master Service Agreement with Flock Safety and Boynton Beach Police Department. This SOW defines the scope of the services that Flock Safety will provide to the Boynton PD. This Statement of Work provides definitions and mutual understanding of the work to be completed. Project Summary Flock Safety will implement Flock OS Elite for Boynton Beach PD.This implementation includes the following: • Community Engagement Website allowing the Community to Register, Integrate or Purchase cameras. • Custom map layers brought into FlockOS map. • BWC - Axon Body3 x (175) maximum for live location tracking on the FlockOS Map. o Does require the GPS to be enabled on the BWC • Fleet Integration - Axon Fleet3 (100) maximum for live location on the FlockOS Map. • CAD Integration of existing Mark43 system into FlockOS o Call details o Priorities 1281 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri • Call notes • Units • Agency • Address • Integration of 650 streams via Avigilon Windows based Server integration. • 17 Avigilon Servers located throughout the city. • Servers are all windows based and reside on the City Network. • Servers are all accessible from the PD location and have internet access. Descriptions of Services The following services will be provided as part of this Statement of Work. Any Services not described herein will require a Project Change Request (PCR). Project Readiness Services Flock Safety will provide a Technical Project Manager for engagement that will be responsible for the following tasks: • Reviewing Statement of Work and contractual responsibilities of both parties with the Customer's lead point of contact. • Providing project plans to the Customer and updating the plan during the length of the engagement. • Measurement and evaluation of the progress. • Handoff upon project completion Configuration and Validation Flock Safety Implementation technicians will implement the following as per the FlockOS tier purchased: ELITE Community Access • Configure the Community Cameras as discussed in this document • Enable Unlimited Users Network Access • State Network (LP Lookup only) • Nationwide Network (LP Lookup only) Vehicle Fingerprint Search Features • Time and location based 1282 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri • License Plate look -up • Vehicle Fingerprint Search (for devices within jurisdiction) • Vehicle Fingerprint Search (for devices owned/shared) • Flock Insights/Analytics • Convoy Search • Visual Search • Multi -Geo Search Realtime Features • Configure ESRI Based map Interface • Realtime NCIC alerts on Flock ALPR cameras • Unlimited custom hot lists • Custom hot list deconfliction portal • Hot list attachments • Unlimited vehicle description alerts • Real-time routing Jurisdictional Context • Wing Gateway, Wing Cloud, Wing VMS purchased by LE • Custom Map Layers • AVL Connection • CAD Connection • Body Camera/Dash camera integration (coming soon) • Floor Plans • Camera Registry Program (Branded community site and camera locations on Map layer) Additional Features • SSO (single sign -on) Video Feeds • Configure up to (650) video feeds within Flock OS Elite package • Enable Live view and Replay on all video feeds. Flock Safety Wing VMS will provide access to Avigilon Live and Recorded footage. Out of Scope: • Physical installation of any product not supplied by Flock. • Software changes/configurations outside of FlockOS. • Network configurations outside of Flock standards. 1283 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock r ri VMS Integration • Avigilon VMS 0 17 Windows based Servers o Locations throughout the city o All communicate over the City LAN o No web -endpoint currently installed (information provided to customer by SE) o Access to all 17 servers will be accommodated by the city. o Customer to provide locations for all 650 Streams to be located on the Flock Map accordingly. o Customer will provide Site Health Reports for all 17 Avigilon Servers which will include: ■ Server IP Addresses ■ Camera Names ■ Camera IP Addresses Project Conditions • Project Timeline is dependent upon the information supplied by the customer. All information that is asked by Flock Safety, is required to be completed prior to Flock Employee onsite. • Streams will be available within 5 business days of Flock product installation. • A completed statement of work will include the FlockOS Elite package. All streams and products purchased will be installed or implemented via Flock Safety. Third Party cameras integrated will be available on the Flock Safety network. This may exclude change orders and or individual stream troubleshooting. • Wing gateway install requests will be completed according to a rolling 90 day schedule. • Flock Safety will develop a community partnership website for camera registrations and additions in accordance with Flock Standard Templates unless otherwise stated in this SOW. • Flock Safety will be onsite quarterly to install Wing Gateways. There will be 4 install visits that will be planned with Flock and the Customer. o Wing Gateway installs are scheduled typically on a quarterly basis and will depend on the amount of requests for the Gateway. o Gateways require a Flock Integration Manager to visit the sites in person so Flock would prefer to visit the area for multiple deployments rather than 1 at a time. Work Breakdown Resource Onsite Remote FlockOS Elite Package Sales Engineer, X X Integration Manager 1284 DocuSign Envelope ID: 7FD61AAC-85E4-471A-95E9-DEE4FE9624CD ffock i ii Upgrades/Enhancements Implementation Services Purchased Number of Streams Wing VMS Integration 650 Streams Payment Terms Services will be invoiced as per the terms on your Flock Safety quote and contract. Flock Safety Professional Services labor rate is $250 per hour for all services above and beyond those purchased and outlined in this statement of work. Acknowledgement and Approvals Upon completion of this SOW, no additional services are due to the Customer under this SOW. The parties, through their authorized representatives signed below, hereby agree to the terms of this Statement of Work as of the Effective Date. Flock Safety Name Nikki Bailey Title Manager, Solutions Engineering Signature D—S,gn.d by: Ba Date 989D531CC709a8A... 5/6/2024 Customer Name Name Title Signature Date 1285