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Agenda 08-20-24The City of Boynton Beach City Commission Agenda Tuesday, August 20, 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 I) Woodrow L Hay, Commissioner (District II) 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. 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 1.Openings A.Call to Order - Mayor Ty Penserga 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.Proclamation- Recognizing Lambda Alpha Alpha Chapter and Sigma Delta Delta Chapter of Omega Psi Phi Fraternity, Inc. for Outstanding Work on the Curb Appeal 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 Live-To-Air 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: Welcome to Live-To-Air, the City of Boynton Beach's remote contribution platform that allows you to participate in our meetings from anywhere in the world. To watch the live broadcast, visit the official City of Boynton Beach website. (https://www.boynton-beach.org) or YouTube channel (https://www.youtube.com/@cityofboynton). *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. 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 Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Roll Call. Invocation by Reverend Amalie Ash, First Presbyterian Church. Pledge of Allegiance to the Flag led by Vice Mayor Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. 3 Project. B.Announcement - "Ambitious Archie, Building a Legacy Through Acts of the Heart" book has been written and released by local Boynton Beach residents Tevin Ali & Tania Shindo-Henderson. This new book was recently released on August 2, 2024 and is available on Amazon and in local bookstores. C.Presentation by Alannah Irwin, Sustainability & Resiliency Administrator regarding the Living Shoreline project. 4.Public Audience 5.Administrative A.Ratify Art Advisory Board Chair and Vice-Chair B.Community Support Funds. 6.Consent Agenda A.Proposed Resolution No. R24-178- Approving the Event Sponsorship Agreement between the City of Boynton Beach and The ALS Association, Inc. for the 2024 Walk to Defeat ALS Boynton on September 28, 2024 at Centennial Park and Amphitheater. B.Proposed Resolution No. R24-179- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public records of Palm Beach County. C.Proposed Resolution No. R24-181- Approving a Literacy AmeriCorps Palm Beach County Cooperative Agreement for 2024 - 2025. D.Proposed Resolution No. R24-183- Approving an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten (10) years commencing October 1, 2024 and ending September 30, 2034. Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Jeffery Jones, Esquire Chairperson of the 45th & 50th Year Celebration Committee. Commissioner Cruz requested this announcement to share with residents. Requested by Commissioner Turkin. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 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). Ratify the selection of the Art Advisory Board Chair and Vice-Chair Approve Community Support Funds request from Commissioner Hay . Staff recommends approval of Proposed Resolution No. R24-178. Staff recommends approval of Proposed Resolution No. R24-179. Staff recommends approval of Proposed Resolution No. R24-181. Staff recommends approval of Proposed Resolution No. R24-183. 4 E.Commission Meeting Minutes. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-180- Approve an increase to the annual expenditure of the State of Florida Agreement #94131608-16-P with PRIDE Enterprises in the amount of $35,000, increasing the estimated annual expenditure from $80,000 to $115,000 for the purchase of recap/retread tires. B.Proposed Resolution No. R24-182- Approve Change Order No. 4 to Purchase Order No. 230742 with B&B Underground Construction for the construction of project Bid No. UTL22-036 Dimick Road and Potter Road Utility Stormwater and Water Infrastructure Improvements Project increasing the base contract amount from $3,003,845.89 to $3,017,635.89 and increasing the contingency by $23,034.36 from $100,000 to $123,034.46 for a total contract amount not to exceed $3,140,670.35, and approving a Utility Capital Improvement Fund (403) budget transfer in the amount of $23,034.46. C.Proposed Resolution No. R24-184- Approve an increase of the annual expenditure from an amount not to exceed $1,200,000 to an amount not to exceed $1,500,000 for the Integrated Supply Agreement for Integrated Business Solutions Services with Genuine Parts Company. D.Proposed Resolution No. R24-185- Approve a Piggyback Agreement with Motorola Solutions to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles in an amount not to exceed $2,406,374.71, which will be paid utilizing a $1,065,185 technology credit with the remaining balance of $1,341,189.71 paid utilizing budgeted dollars. E.Proposed Resolution No. R24-186- Award Invitation to Bid No. CS24-037 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating, LLC, for $1,316,712.95, plus a 10% contingency of $131,671.30, for a total amount of $1,448,384.25. Proposed Resolution No. R24-187- Approving a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project. F.Proposed Resolution No. R24-188- Approve the Second Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East Water Treatment Plant Generator Replacement Project- Phase 2B to proceed with the final step of construction in a two-step construction Approve minutes from the July 8, 10, and 11, 2024 City Commission Budget Workshop Meetings. Staff recommends approval of Proposed Resolution No. R24-180. Staff recommends approval of Proposed Resolution No. R24-182. Staff recommends approval of Proposed Resolution No. R24-184. Staff recommends approval of Proposed Resolution No. R24-185. Staff recommends approval of Proposed Resolution No. R24-186 and Proposed Resolution No. R24-187. 5 format and approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction phase of the Progressive Design Build project. 8.Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 24-014- 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 a portion of an approximately .60 acre parcel of real property located at 500 northeast 21st avenue, Boynton Beach, Florida, by changing the future land use classification from medium density residential (MEDR) to local retail commercial (LRC); 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. 24-015- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .60 acre parcel of real property located at 500 northeast 21st Avenue, Boynton Beach, Florida, from multi-family residential (R3) to neighborhood commercial (C2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. B.Proposed Ordinance No. 24-016- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of portions of an existing utility easement associated with the Shoppes at Boynton Beach Development Project, located at 2202 N. Congress Avenue; providing an effective date; and for all other purposes. 9.City Manager’s Report A.Receive update on the status of future agenda items. B.Budget Status Report for FY2023 - 2024 thru June 2024 (unaudited). 10.Regular Agenda Staff recommends approval of Proposed Resolution No. R24-188. Staff recommends approval of Proposed Ordinance No. 24-014 and Ordinance No. 24-015, on Second Reading. Staff recommends approval of Proposed Ordinance No. 24-016, on second reading. In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of August 13th, 2024. Accept the Fiscal Year 2023-2024 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ending June 30, 2024, respectively. 6 A.Proposed Ordinance No. 24-012- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 2, "Administration," Article II, "City Manager," Section 2-30 "Powers and Duties Generally," by creating a new subsection "K," authorizing the City Manager to execute certain contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. B.Proposed Ordinance No. 24-017- First Reading- An Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*," Article IX "Community Appearance and Maintenance," Section 15-120 "Minimum Standards for Appearance and Maintenance of Public Property and Private Property;" providing for conflicts, severability, codification; and providing for an effective date. C.Discussion regarding the preservation of Harvey Oyer Park, located at 2010 N. Federal Highway, Boynton Beach, FL 33435, through a restricted covenant. D.Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24/25 11.Future Agenda Items A.Discussion and review of draft cleanliness plan.- September 3, 2024 B.Discussion regarding formalized Tree Planting Program.- September 3, 2024 C.Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- September 3, 2024 D.Discussion regarding infrastructure, specifically paving in the City. - September 3, 2024 E.Update on funds from the settlement with Town Square. - September 3, 2024 F.Update on ARPA Funds. - September 3, 2024 G.Discussion regarding adding a Sister City from Ireland. - October 1, 2024 H.Update on upgrades to water treatment plants to meet future drinking water regulations.- October 15, 2024 I.Discussion regarding additional digital signs. - December 3, 2024 Staff recommends approval of Proposed Ordinance No. 24-012, on first reading. Staff recommends approval of Proposed Ordinance No. 24-017, on first reading. Discussion requested by Commissioner Turkin. As requested by Commissioner Cruz. Requested by Mayor Penserga Requested by Mayor Penserga. Requested by Commission Hay. Requested by Commissioner Turkin and Commissioner Cruz. Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Vice Mayor Kelley. Requested by Mayor Penserga. Requested by Commissioner Hay. 7 J.Discussion regarding Procurement Policies and Procedures, including local business preference. - December 3, 2024 K.Discussion regarding City entry way signage. - January 21, 2025 L.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga M.Discussion regarding Rapid Re-housing Program.- Pending meeting with Mayor Penserga N.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz O.Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz P.Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley Q.Discussion regarding Artificial Turf Ordinance.- Pending meeting with Commissioner Turkin 12.Adjournment Requested by Mayor Penserga and Commissioner Cruz. Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Commissioner Cruz. Requested by Commissioner Cruz. Requested by Vice Mayor Kelley. Requested by Commissioner Turkin. 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. 8 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 08/20/2024 Meeting Date: 08/20/2024 Proclamation- Recognizing Lambda Alpha Alpha Chapter and Sigma Delta Delta Chapter of Omega Psi Phi Fraternity, Inc. for Outstanding Work on the Curb Appeal Project. Requested Action: Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Jeffery Jones, Esquire Chairperson of the 45th & 50th Year Celebration Committee. Explanation of Request: NA How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Proclamation- LAMBDA ALPHA ALPHA CHAPTER Photo 17 - Copy.jpg Photo 19 - Copy.jpg Photo 20 - Copy.jpg BoyntonBeachCityHall.docx S. Riley - 1390 NW 1st Ct..docx History of LAA62324.docx 9 Proclamation WHEREAS, The Lambda Alpha Alpha (“LAA”) Graduate Chapter of Omega Psi Phi Fraternity, Inc. has operated in Palm Beach County, Florida since March 15, 1980, and has distinguished itself as a public service organization for the community; and WHEREAS, The Sigma Delta Delta (“SDD”) Undergraduate Chapter of Omega Psi Phi Fraternity, Inc. has operated in Palm Beach County, Florida since December 6, 1995, and has distinguished itself as a public service organization on the campus of Florida Atlantic University and the community; and WHEREAS,the members of LAA and SDD have dedicated countless volunteer hours and service to the community including health initiatives, mentoring programs, providing scholarships to high school seniors, street cleanup, talent hunt, thanksgiving basket giveaway, and track and field events for students; and WHEREAS,the members of LAA and SDD committed to providing service to caregivers and seniors in Boynton Beach, Florida through its Curb Appeal Project;and WHEREAS, the members of LAA and SDD painted and landscaped twenty-two (22) homes of caregivers and seniors in the City of Boynton Beach; and WHEREAS,the City Commission of Boynton Beach, Florida recognizes the exemplary work that LAA and SDD have made to caregivers and seniors of Boynton Beach, Florida. NOW, THEREFORE, I, Aimee Kelley, by virtue of the authority vested in me as Vice Mayor of the City of Boynton Beach, Florida, do hereby proclaim that the City Commission recognizes the exemplary work and service of both the: LAMBDA ALPHA ALPHA CHAPTER AND SIGMA DELTA DELTA CHAPTER OF OMEGA PSI PHI FRATERNITY,INC. for their Curb Appeal Project and other community service programs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20th day of August, Two Thousand and Twenty- Four. ATTEST: Aimee Kelley, Vice Mayor Maylee De Jesús, MPA, MMC, City Clerk 10 11 12 13 1 Omega Psi Phi Fraternity, Inc. Lambda Alpha Alpha Chapter Post Office Box 306 Boynton Beach, FL 33425 June 15, 2024 City of Boynton Beach Attention: Proclamations Department 100 E. Ocean Avenue Boynton Beach, FL. 33435 Re: Proclamation Dear Sir/Madam: My name is Jeffery Jones and I am a member of Lambda Alpha Alpha Chapter (‘LAA”) of Omega Psi Phi Fraternity, Inc. We are seeking a Proclamation for the extraordinary work of Lambda Alpha Alpha Chapter (Graduate Chapter) and Sigma Delta Delta Chapter (“SDD” – Undergraduate Students at Florida Atlantic University in Boca Raton, FL) for painting and providing landscaping for the homes of twelve (12) caregivers and seniors in Boynton Beach from April 1, 2023 to September 23, 2023. The program was launched in 2020 and to date, both chapters have painted and landscaped twenty-two (22) homes of caregivers and seniors in Boynton Beach, FL. The program is called the Curb Appeal Project. The purpose of the project is to assist caregivers who make the ultimate sacrifice to care for their beloved seniors. The challenge of caring for a beloved senior can be quite demanding, challenging, and leave little or no time for a caretaker to maintain or manage the exterior conditions of their home. Sometimes, this results in mounting code violations, faded paint, and/or an overgrowth of grass, weeds, and vegetation on the property. The members of LAA and SDD chose this project to lessen the burden and bring joy and smiles to faces of caregivers and seniors. In addition to our Curb Appeal Project, we conduct street clean-up and distribute scholarships to high school seniors. LAA is a transformative group of members who are making a difference on the local, state, district, nation, and in some foreign countries including Germany, Japan, and Panama. At present, the chapter has achieved its highest number of members at 65 who represent a cross section of professions and careers including Business and Franchise Owners, Chief of Police, Engineering, Fire Fighting and Paramedics, Law Enforcement, Legal, Medicine, Mental Health Services, National Football League, School Administrators and Teachers, and 14 2 many other professions. LAA also serves as the graduate chapter that supervises and mentors SDD. LAA was chartered on March 15, 1980, and will celebrate 45 years of service on March 15, 2025 and 50 years of service on March 15, 2030. The chapter will also host the Florida Statewide Organization meeting in Palm Beach County in September 2026. If you have any questions, you may contact me at 561-846-1076 or JPJONES7777@OUTLOOK.COM. Thank you. Sincerely, Jeffery Jones Jeffery Jones, Esquire Chairperson of the 45th & 50th Year Celebration Committee 15 September 5th 2023 From: Sherleen Riley To: The Brother of Omega Psi Phi Fraternity Inc. Healthier Boynton Beach and Pathways to Prosperity Re: Property 1390 NW 1st Ct. Boynton Beach, Fl 33435 I would like to share my gratitude and appreciation for the work you all completed on my home. I am the caregiver for my son who suffers from mental illness and this has been a life long journey for me. I previously had code enforcement violations for the need of sod and debris/rubbish removal. I’m on a fixed income and did not have the funds to take care of the issues. It was by the grace of God when I received a phone call from Mr. Ricky Petty about the Curb Appeal Project. He scheduled a date to come out to my home and look at what needed to be done. I thought you all were only going to take care of the issues related to the code violation and when he explained all the work that was going to be done, I was so overwhelmed. Mr. Petty allowed me to pick the paint colors for my home and asked me if I would like plants, I was like sure. On Saturday, July 8th at 7:30am the Brothers of Omega Psi Phi Fraternity Inc. was in my yard working. You all were painting, putting down sod, planting plants and trees, I could not believe what I was seeing. My house sits on a corner lot and is very visible. Once the work was completed I received so many positive comments about my home. Everyone was talking about how good it looks. This made me so proud as a homeowner because I did not have the money to do the work you all did for my home. This was like a dream come true and I really appreciate the Brothers of Omega Psi Phi Fraternity, Healthier Boynton Beach and Pathways to Prosperity for the work you all did for me and my family. May God continue to Bless you all. Sincerely, Sherleen Riley Sherleen Riley 16 1 Omega Psi Phi Fraternity, Inc. Lambda Alpha Alpha Chapter Post Office Box 306 Boynton Beach, FL 33425 The History of Lambda Alpha Alpha Chapter Written By: Brother Jeffery Jones Lambda Alpha Alpha Chapter of Delray Beach, Florida (“LAA”) is a transformative group of brothers who are making a difference on the local, state, district, nation, and in some foreign countries including Germany, Japan, and Panama. At present, the chapter has achieved its highest number of members at 65 who represent a cross section of professions and careers including Business and Franchise Owners, Chief of Police, Engineering, Fire Fighting and Paramedics, Law Enforcement, Legal, Medicine, Mental Health Services, National Football League, School Administrators and Teachers, and many other professions. The chapter also has the 1964 and 1984 initiates of the Alpha Chapter, the Mother Pearl, in its ranks, Brothers Samuel Spear, Jr. and Jeffery Jones. Brother Anthony Robinson assumed the position of Basileus on November 1, 2023. He is joined by Brother Gerard McKently, Vice Basileus, Keidran Willis, Keeper of Records and Seal, Reggie Shade, Keeper of Finance, and Ricard Henry, Assistant to the Vice Basileus. The team is off to good start and have launched several community service projects and received public awards and recognition. The immediate past Basileus is Brother Cameron Simmons, served four consecutive years as Basileus. He led the chapter through tremendous expansion and growth, increased the financial standing, achieved awards on the state and local levels, and increased attendance at monthly meetings at record rates. Brother Basileus Simmons expanded the recognition of the chapter throughout the fraternity. It is noted that Brother Alexander Edmonds also holds the distinction of serving as Basileus for 4 years. LAA was chartered on March 15, 1980 and included following initial Great Eight Charter Members: Brothers Richard Brown, Wilbert Brown, Wendell Duggins, Charles Fletcher, Walter Hughes, Roy Ishman Mitchell, Virgil Norris, and Lennoris Rosier. The 30 th Grand Basileus, Brother Dr. Edward Braynon, Jr., conducted the Chartering Ceremony. Today, two of the charter members remain with the chapter: Brothers Wilbert Brown and Lennoris Rosier. Over the years, many of LAA members have ascended to leadership posts on various levels of the Fraternity. The members and their positions are as follows: Brothers Anfernee Alston – former 2nd Vice State Representative for Florida, Alexander Edmonds – current District 7 FL Region II MSP Chairman, Former Region II Rep., and Founders Lifetime Achievement Award, Derek Marsh – Current District 7 Life Membership Chairman, Cameron Simmons – Current 17 2 Chairman of the FL Fatherhood Initiative Committee, Percyell Pratt (Founders Lifetime Achievement Award and 4 time Omega Man of the Year) and Jeffery Jones – current members of the Medical and Health Committee for the state of Florida, Ricky Petty – Chapter Advisor for Sigma Delta Delta Chapter, Terry Crawford – Former Chapter Advisor of Sigma Delta Delta Chapter, and Wilbert Brown – Former 1 st Vice State Representative for Florida (3yrs), former member of IHQ Registration Team (8yrs) , Former Region II Representative(15 yrs.). During his tenure as Region II Rep, Bro. Brown initiated the Region II Regional Memorial Service and Regional Picnic.Former Chief Javaro Sims, one of the premier Chiefs of Police for the city of Delray Beach, Florida, is a valued member of the chapter. He has numerous years of experience and expertise in law enforcement. In 1990, LAA completed its Life Membership in the NAACP, and since its inception, LAA has received numerous awards at the State and District levels. In 1996, LAA was host to the very successful 22nd FL State Workshop. Bro Wil Brown served as State Marshall for the then State Representative, Bro. Morgan Wilson. The Chapter will be hosting the Florida Statewide Organization Workshop in Palm Beach County, Florida in September 2026. LAA takes the lead on conducting a variety of community programs including Lamplighters Program, Senior Citizen Luncheons and Turkey give aways, Street Clean-ups, Health and Wellness Programs for the brothers and community, Talent Hunt, Achievement Week, Food Distribution Drives, MLK Track and Field events for youth, Brother to Brother Caregiver Program, Curb Appeal and Landscaping Projects, Scholarship, Easter Egg Hunt, Mardi Gras, Memorial Program, Chapter Picnic, Assault on Literacy, Reclamation, Superbowl Raffle, , Membership Selection Program, Purple Thursday, Supervising Graduate Chapter for Sigma Delta Delta Chapter (“SDD” -undergraduate chapter at Florida Atlantic University), Brain Bowl, and Mentoring AVID students at Carver Middle School. LAA has enjoyed several notable persons as keynote speakers for their Achievement week programs such as: Bro Dr. Davidson Hepburn, former ambassador to the United Nations from Nassau. Former Grand Basileus Bro Dr. Dorsey Miller, Bro Dr. George Grace, Bro Dr. Edward Braynan. Bro Fredrick Murry, Asst City Manager, City of Gainesville, Florida. Bro Michael T. Ford, Corporate Vice President of Global Real Estate and Security of Microsoft. and Bro Chief Javaro Sims. Throughout the years, there are many brothers who have served as the constant heartbeat and pulse of the chapter. They are LAA and clearly recognizable throughout the fraternity: Brothers Timothy Alvin, Roosevelt Blackmon, Jason Bonner, Howard Brown, Wilbert Brown, Kevin Butler, Lee Cohen, Terry Crawford, Larry Davis, Dr. Bryan Dawkins, Alexander Edmonds, Ricardo Henry, Henry Jartu, Tyrone Jenkins, Michael Johnson (longest serving Lamplighter Chairman), Vincent Jones, Whitney Joseph, Derek Marsh, Gerard McKently, Lonnie Moody, Derek Moses, Dr. France Occy, Otis Payne, Ricky Petty, Percyell Pratt, Dwayne Randolph, Ed Ross, Lennoris Rozier, Anthony Robinson, Reggie Shade, Samuel Spear, Jr., Javaro Sims, Cameron Simmons, Clifton Smith, Seabron Smith, James Taylor, Keidran Willis, Adrian Wilson, and Corey Wilson. On April 6, 2019, LAA initiated the following brothers: Whitney Joseph (1), Adrian Wilson (2), Howard Brown (3), Tyrone Jenkins (4), Timothy Alvin (5), Anthony Robinson (6), James Taylor (7), and Corey Wilson (8). Additionally, LAA initiated Quederna 9 on April 3, 2021: Brothers 18 3 William Wilson (1), Seabron Smith (2), Tabensky Johnson (3), Keidran Willis (4), Gerard McKently (5), Roosevelt Blackmon (6), Bryan Dawkins (7), Todney Evans (8), and Ricardo Henry (9). Further, on November 13, 2022, LAA initiated the following Brothers: Reggie Shade (1), Ernst Remas (2), Winston Hill (3), Clifton Smith (4), Lee Cohen, Esq. (5), Dr. France Occy (6), and Dwayne Randolph (7). Additionally, on April 21, 2024, LAA initiated the following brothers: Charles Cuyler (1), John Hudson (2), Galvin Decius (3), Anthony Barber (4), Michael Coleman (5), Wills Felin (6), Quentin Morgan (7), and Rick Curtis (8). These brothers represent the true expression of brotherhood and have helped to move LAA to new heights. LAA and SDD Chapters initiated their Curb Appeal Project in 2020 which is designed to provide home improvement for caregivers and seniors. Brothers Jeffery Jones and Percyell Pratt wrote the initial grant and appeared before the Healthier Boynton Beach Committee to seek funding for the Curb Appeal Project. Brother Vincent Jones was selected as the first Chairman of the Curb Appeal Project and he successful led the project from 2020-2022. Both chapters painted and landscaped ten (10) homes of caregivers and seniors during the aforementioned period. Brothers Ricky Petty, Keyon McDavis, Sr., and Dwayne Randolph assumed leadership of the Curb Appeal Project in 2023 and successfully led the chapters to complete twelve (12) homes for caregivers and seniors. In explaining the importance of the Curb Appeal Project, Brother Ricky Petty commented, “This project is important for several reasons: Eliminating code violations, alleviating financial hardships, and bringing resources to the community to lighten the burden on caregivers and seniors.” To date, both chapters have painted and landscaped twenty-two (22) homes for caregivers and seniors. In June 2021, Brother Roosevelt Blackmon assumed the position of chairman of the Street Cleanup Project along the 10 Avenue corridor from Lake Ida Road to Atlantic Avenue in the City of Delray Beach, FL. Brother Blackmon has consistently led the effort to marshal the brotherhood to maintain and remove debris, litter, and rubbish along the 10th Avenue Corridor. On February 17, 2024, a record number of participates appeared to participate in the effort. In all 46 people appeared including location elected officials. Brother Blackmon received the Omega Man of the Year for his passion, leadership, dedication, and contributions to the Street Cleanup Project. On November 7, 2023, LAA and SDD appeared before the Palm Beach County Board of County Commissioners and received a Proclamation for outstanding work on the Curb Appeal Project and other activities in the South County area. Commissioner Mack Bernard presented this distinguished award both chapters. On January 14, 2024, LAA and SDD received a Proclamation from the City of Delray Beach, FL for outstanding work on the Curb Appeal Project, Street Cleanup of the 10th Avenue corridor, Scholarships for High School students, and other community service activities. Commissioner Angela Burns presented this distinguished award to both chapters. 19 4 In February 2024, LAA and SDD received a Proclamation from State Senator Bobby Powell, Florida Senate, for outstanding service in Palm Beach County, Florida. On April 28, 2024, LAA and SDD received a Proclamation from Representative Jervonte Edmonds, Florida House of Representatives for outstanding service on the local, state, district, national, and international communities. At present, 37 members of LAA are life members of the National Organization. The following thirteen brothers are Triple Life Members on the National, District, and State Levels: Brothers Lee Cohen, Alexander Edmonds, Tyrone Jenkins, Jeffery Jones, Esaie Larose, Derrick Marsh, Lonnie Moody, Glenn Stubbs, Dwayne Randolph, Percyell Pratt, Seabron Smith, Rashad Jamael Stewart, and Corey Wilson. One of our signature projects is the Scholarship Program which provides scholarships to high school seniors and undergraduate students for academic excellence and community service. The program is led by Brother Corey Wilson who has been instrumental in building strong relationships with school principals, counselors, and administrators in the South Palm Beach County area. Over the past 40 years, LAA has awarded over $287,775.00 in scholarships to more than 319 students. We pay TRIBUTE to our fallen brothers. They were friends, mentors, family and BONDED by Brotherhood. Their notable contributions and accomplishments will forever be remembered in the chapter, community, and around the globe. While they have transitioned to Omega Chapter, they will never be forgotten Brothers Percy Alexander, Robert Altrum, Richard Brown, Anthony Clinton, Elijiah Davis, Efrem Hinson, Edward Jackson, Franklin Jones, Wilbert McTier, Leslie McDermont, Roy Ishman Mitchell, Benjamin Moses, Virgil Norris, Al Owens, and Theron Stevens. LAA continues to work hard for Omega and provide impact in the Delray and Boynton Beach communities. While it started with an initial 8, the chapter has grown and makes it mark on the community. If you are ever in the South Palm Beach County area (Lake Worth, Delray Beach, Boynton Beach, or Boca Raton), stop by and say hello to the brothers. 20 5 21 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 08/20/2024 Meeting Date: 08/20/2024 Announcement - "Ambitious Archie, Building a Legacy Through Acts of the Heart" book has been written and released by local Boynton Beach residents Tevin Ali & Tania Shindo-Henderson. This new book was recently released on August 2, 2024 and is available on Amazon and in local bookstores. Requested Action: Commissioner Cruz requested this announcement to share with residents. Explanation of Request: About the Authors Tevin Ali is a national, award-winning motivational speaker for college and high school students through his organization Talk With Tevin LLC. He speaks to colleges and schools across the United States on the topics of overcoming adversity, resiliency, leadership, and personal growth (unlocking one's personal mission). Moreover, Tevin is the best-selling author of the book 'Forging Your Inner Diamond' a self-help book told as a story of inspiration on transforming our breakdowns in life into our breakthroughs.Tevin's mission as a speaker/author arose from his struggles growing up as a low- income, minority, immigrant, and as a first-generation college student. Since overcoming those challenges, Tevin has served as a shining diamond of inspiration in the community, earning his master's degree from The Johns Hopkins University. He earned his bachelor's degree from Florida Atlantic University. Notably, Tevin has been the recipient of numerous awards and has been featured in national media such as The New York Times, iHeart Radio, and The US News & World Report for his leadership and commitment to empowering others to persist and succeed in their endeavors. To date, as an empowering speaker and author, Tevin has touched the lives of thousands of students and professionals alike in their journeys. Tania Shindo-Henderson has spent nearly three decades working with youth in various capacities, from a professional school counselor for grades K-8 to an evaluator of youth programs. You can often find Tania at the dojo teaching martial arts. Tania grew up in Hawaii. She earned her bachelor's degree in Journalism and English from the University of Missouri-Columbia and a master's degree in Clinical Mental Health Counseling and School Counseling from Stephens College. 22 City of Boynton Beach Agenda Item Request Form 3.C Announcements, Community and Special Events And Presentations 08/20/2024 Meeting Date: 08/20/2024 Presentation by Alannah Irwin, Sustainability & Resiliency Administrator regarding the Living Shoreline project. Requested Action: Requested by Commissioner Turkin. Explanation of Request: Request by Commissioner Turkin to present information regarding living shorelines. Fiscal Impact: N/A Attachments: Living Shoreline Presentation.pptx 23 Living Shorelines City Commission Meeting August 20, 2024 24 Objectives • What are Living Shorelines? • Benefits • Potential Funding Opportunities • Future Plans • Proposed Locations for Living Shorelines 25 What are Living Shorelines? • Living shorelines are nature-based approaches for shoreline protection. • Made with natural materials such as plants, sand, or rock and can be combined with harder shoreline structures. • Living shorelines maintain coastal processes through strategic placement of materials while enhancing protections for community. • Stabilization techniques not only protect shorelines and infrastructure, but also conserve, create, or restore natural shoreline habitats and ecosystem services. 26 27 Benefits • Add attractive, low maintenance green space and focal points for people to gather. • Reduce wave energy and associated shoreline erosion. • Reduce storm water flow rates, reducing erosion and pollution entering waterways. • Buffer effects of hurricanes and other storms. • Ecotourism opportunities, such as kayaking, paddleboarding, fishing, etc. • Provides habitat for fish and other living resources • Increased shoreline stability over time. • Create and connect diverse animal habitats and support fisheries. • Beautify shorelines. Source: https://floridalivingshorelines.com/project/flagler-mangrove-planter/ Mangrove planter in downtown West Palm Beach. A mangrove planter was added in front of an existing seawall to protect the seawall while providing fisheries habitat. Photo from Palm Beach County ERM 28 Potential Funding Opportunities • Florida Fish and Wildlife Conservation Commission • National Oceanic and Atmospheric Administration • National Fish and Wildlife Foundation • Florida Sea Grant • Florida Department of Environmental Protection • Federal Emergency Management Agency/Florida Division of Emergency Management 29 Future Plans • Evaluate additional areas that could benefit from install of living shorelines (canals, lakes, etc.). • Pilot proposed project to assess effectiveness. • Develop outreach and education programs to teach community about benefits of living shorelines. • Research funding opportunities for additional shoreline protections along waterways prone to flooding. • Explore partnerships with community based organizations, municipalities, non-profits, etc. to explore expansion of living shorelines protections. 30 Proposed Location – Jaycee Park 31 Proposed Location – Intracoastal Park 32 Proposed Location – Mangrove Park 33 Questions? 34 City of Boynton Beach Agenda Item Request Form 5.A Administrative 08/20/2024 Meeting Date: 08/20/2024 Ratify Art Advisory Board Chair and Vice-Chair Requested Action: Ratify the selection of the Art Advisory Board Chair and Vice-Chair Explanation of Request: At the August 8, 2024 meeting of the Art Advisory Board, Gregory Hartmann was appointed Chair and Hector Velazquez was appointed Vice-Chair. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Chair and Vice-Chair. How will this affect city programs or services? N/A Fiscal Impact: N/A 35 City of Boynton Beach Agenda Item Request Form 5.B Administrative 08/20/2024 Meeting Date: 08/20/2024 Community Support Funds. Requested Action: Approve Community Support Funds request from Commissioner Hay . How will this affect city programs or services? NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: CSF- Boynton Beach High School Football Team- Turkin.docx CSF- Boynton Beach High School Football Team- Hay.docx CSF- Boynton Beach High School Football Team- Kelley.docx 36 R15-055 R22-140 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40A8D0B\@BCL@F40A8D0B.docx COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 20, 2024 Requested by Mayor/Commissioner:Commissioner Turkin________ _ Amount Requested:$1,000 ___ _______________ Recipient/Payee:Boynton Beach HS Football Team Description of project, program, or activity to be funded: Pathways to Prosperity is dedicated to strengthen communities by providing education and social services to raise school performance for children and increase economic opportunities for families. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000.00. The balance of funds available for the requesting Member of the Commission is $3,575.00. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated:____________By:_____________________________ City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By:________________________________ Requesting Member of the City Commission 37 R15-055 R22-140 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC0A8418\@BCL@FC0A8418.docx COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 20, 2024 Requested by Mayor/Commissioner:Commissioner Hay_________ _ Amount Requested:$1,000 ___ _______________ Recipient/Payee:Boynton Beach HS Football Team Description of project, program, or activity to be funded: Pathways to Prosperity is dedicated to strengthen communities by providing education and social services to raise school performance for children and increase economic opportunities for families. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000.00. The balance of funds available for the requesting Member of the Commission is $3,000.00. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated:____________By:_____________________________ City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By:________________________________ Requesting Member of the City Commission 38 R15-055 R22-140 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@040BCA21\@BCL@040BCA21.docx COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 20, 2024 Requested by Mayor/Commissioner:Vice Mayor Kelley________ _ Amount Requested:$1,000 ___ _______________ Recipient/Payee:Boynton Beach HS Football Team Description of project, program, or activity to be funded: Pathways to Prosperity is dedicated to strengthen communities by providing education and social services to raise school performance for children and increase economic opportunities for families. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000.00. The balance of funds available for the requesting Member of the Commission is $4,500.00. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated:____________By:_____________________________ City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By:________________________________ Requesting Member of the City Commission 39 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-178- Approving the Event Sponsorship Agreement between the City of Boynton Beach and The ALS Association, Inc. for the 2024 Walk to Defeat ALS Boynton on September 28, 2024 at Centennial Park and Amphitheater. Requested Action: Staff recommends approval of Proposed Resolution No. R24-178. Explanation of Request: The ALS Association is renting the Centennial Park and Amphitheater for the 2024 Walk to Defeat ALS Boynton Beach on Saturday, September 28th from 8:00 A.M. to 2:00 P.M. The event will take place from 8:00 A.M. to 12:00 P.M., and will include a one mile walk around the Town Square property. An estimated 200 attendees will be present. The City is partnering with The ALS Association to provide staff assistance for the event, including access to City Hall restrooms and Fire Rescue assistance for the walk portion of the event. Additionally, event staff will be on site to assist during the event. City of Boynton Beach, Boynton Beach Police Department, and Boynton Beach Fire Rescue Department logos will be used in the marketing documents provided by The ALS Association as outlined in the attached agreement. How will this affect city programs or services? There will be an influx of patrons in the Amphitheater space and library space during the duration of the rental, as well as road closures on E. Ocean Ave. and SE 1st Ave. Fiscal Impact: There is minimal fiscal impact as rental fees will be paid by the non-profit for the space. Attachments: R24-178 Agenda_Item_1912-2023_Resolution_for_ALS_Event_Sponsorship.docx Exhibit A to Resolution - ALS Agreement.pdf 40 RESOLUTION NO. R24-1781 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN EVENT SPONSORSHIP AGREEMENT 4 BETWEEN THE CITY AND THE ALS ASSOCIATION, INC., FOR THE 2024 WALK 5 TO DEFEAT ALS BOYNTON ON SEPTEMBER 28, 2024 AT CENTENNIAL PARK 6 AND AMPHITHEATER; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,amyotrophic lateral sclerosis is a progressive neurodegenerative disease that 9 affects nerve cells in the brain and the spinal cord. Sometimes referred to as Lou Gehrig's Disease, 10 the disease eventually leads to the death of nerve cells along with the loss of the ability to initiate 11 and control muscle movement. As the disease progresses, people lose the ability to walk, talk, eat, 12 and eventually breathe. The disease is always fatal, and there is no cure; and 13 WHEREAS, ALS is hosting the 2024 Walk to Defeat ALS Boynton on September 28, 2024,14 at Centennial Park ("Event"); and 15 WHEREAS, the City desires to provide in-kind support to ALS for the Event in exchange 16 for receiving the "Cure Sponsor Benefits" further described within the Agreement; and17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 18 in the best interests of the city's citizens and residents to approve an Event Sponsorship 19 Agreement between the City and the ALS Association, Inc., for the 2024 Walk to Defeat ALS 20 Boynton on September 28, 2024, at Centennial Park and Amphitheater. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT:24 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption.26 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve an Event Sponsorship Agreement between the ALS Association, Inc., and the City for the 28 2024 Walk to Defeat ALS Boynton on September 28, 2024, at Centennial Park and Amphitheater29 (the “Agreement”), in form and substance similar to that attached as “Exhibit A.“30 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 31 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 32 41 ancillary documents required under the Agreement or necessary to accomplish the Agreement's 33 and Resolution's purposes.34 SECTION 4.The City Clerk shall retain one fully executed original of the Agreement as35 a public record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle 36 Favitta for forwarding to ALS.37 SECTION 5.This Resolution shall take effect in accordance with law.38 39 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.40 CITY OF BOYNTON BEACH, FLORIDA41 YES NO42 Mayor – Ty Penserga __________43 44 Vice Mayor – Aimee Kelley __________45 46 Commissioner – Angela Cruz __________47 48 Commissioner – Woodrow L. Hay __________49 50 Commissioner – Thomas Turkin __________51 52 VOTE ______53 ATTEST:54 55 ___________________________________________________________56 Maylee De Jesús, MPA, MMC Ty Penserga57 City Clerk Mayor58 59 APPROVED AS TO FORM:60 (Corporate Seal)61 62 _______________________________63 Shawna G. Lamb64 City Attorney65 42 Event Sponsorship Agreement This Agreement is between The ALS Association, Inc., with a principal address of 1950 Craig Road, Ste. 200, St. Louis, MO 63146, hereinafter referred to as "ALS," 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, amyotrophic lateral sclerosis is a progressive neurodegenerative disease that affects nerve cells in the brain and the spinal cord. Sometimes referred to as Lou Gehrig's Disease, the disease eventually leads to the death of nerve cells along with the loss of the ability to initiate and control muscle movement. As the disease progresses, people lose the ability to walk, talk, eat, and eventually breathe . The disease is always fatal, and there is no cure; and WHEREAS, ALS is hosting the 2024 Walk to Defeat ALS Boynton on September 28, 2024 at Centennial Park ("Event "); and WHEREAS, the City desires to provide in -kind support to ALS for the Event in exchange for receiving the "Cure Sponsor Benefits" further described herein. WITNESSETH NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1 . 2. Event Details. ALS is holding and organizing the following Event: a. Event Name : 2024 Walk to Defeat ALS b. Date : September 28 , 2024 c. Hours: 8:00 a.m . -2:00 p.m. d. Event Schedule: 7:00 am to 8:00 am: Load In 8:00 am: Event Start 8:00 am to 10:00 am: Tented information, DJ, Speakers on Amphitheater 10:00 am to 12:00 pm: 1-Mile Walk (loop secured by PD) 12:00 pm: Event End 12:00 pm to 2:00 pm: Load Out e. Location: Centennial Park Obli gations of ALS. a. ALS shall pay a $1,500 facility rental fee to the City for the use of Centennial Park and provide proof of all requisite insurance coverage as deemed necessary by the City for the Event b. ALS shall pay a $50 event application fee c. ALS shall pay $912 for police services (to be invoiced by Boynton Beach Police Department directly) d. ALS shall provide the City with the Cure Sponsor Benefits Package, which includes: i. City of Boynton Beach, Boynton Beach Police Department aild Boynton Beach Fire Rescue Department logo displayed on all Event day signage • ii. Recognition of the City of Boynton Beach, Boynton Beach Police Department and Boynton Beach Fire Rescue Department on the Event website Page 1 of 4 43 iii. City of Boynton Beach, Boynton Beach Police Department and Boynton Beach Fire Rescue Department logo displayed on Event t-shirt iv. City of Boynton Beach to receive a vendor booth at Event v. City of Boynton Beach will have the opportunity for a representative to speak at the Event vi. City of Boynton Beach will be a presenting sponsor for the Event vii. City of Boynton Beach will have an opportunity to participate in sponsored Event day activations (Kid Zone, Unlock Booth, or Cool Zone). Specifics to be determined by the parties. e. Compliance with Laws. In the conduct of the activities under this Agreement, ALS shall comply with all applicable City, County, Federal, and State laws. ALS shall obtain at its own expense all required licenses and permits that may be required in connection with the Event. 3. Obligations of City. In exchange for the benefits described in Paragraph 2 above, City shall contribute the following in-kind support for the Event: a. Police Assistance: provide PSA to close Ocean Ave and SE 1st Ave, between S. Seacrest Blvd. & SE 1st Street b. Fire Assistance: Provide a service cart from 10 am to 12 pm (during walk). Station 1 will provide assistance if needed before and after. c. City Assistance.: Provide access to City Hall restrooms from 8 a.m. to 12 p.m. for attendees and provide City Event staff for on-site assistance from 6 a.m. to 2 p.m. 4. Indemnification. ALS agrees to indemnify, defend, and hold City harmless from any and all claims, demands, losses, liabilities, and expenditures, including attorneys' fees, court costs, and expenses, including through the conclusion of any appellate proceedings or causes of action whatsoever, raised or asserted by any person or entity not a party to this Agreement against City, by reason of, caused by, or resulting, in whole or in part, from the performance of this Agreement by ALS, including any alleged infringement of copyrights, intellectual property rights, patent rights and/or the unauthorized or unlicensed use of any material, property, mark, or logo provided by ALS to City in connection with performance of Agreement. If any claim is brought against City, ALS shall, upon written notice from City, defend City with counsel satisfactory to City. Nothing contained in this Agreement, nor contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or §768.28, Florida Statutes, as may be amended from time to time, as amended, regardless of whether said liability be based in tort, contract, indemnity or otherwise. 5. Independent Contractor. In performing funding under this Agreement, it is understood that ALS is an independent contractor and that nothing contained herein is intended to create, or is to be construed as creating, a partnership or any joint relationship between ALS and City. The City will not be liable for any obligation incurred by ALS. 6. Venue. This Agreement constitutes the complete understanding of the City and ALS shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising from this Agreement shall be exclusively in Palm Beach County, Florida. 7. Binding Authority. The person signing this Agreement on behalf of ALS warrants that he or she has full legal power to execute this Agreement on behalf of ALS arid to bind and obligate ALS with respect to all provisions contained in this Agreement. Page 2 of 4 44 8. Limitation of Liability. Notwithstanding any provision of the Agreement to which it is applicable, City's liability to ALS shall be limited to $1,000, regardless of whether said liability be based in tort, contract, common law, or otherwise; and in no event shall City be liable to ALS for punitive or exemplary damages, lost profits, or consequential damages. 9. Consideration Adequate. ALS and City recognize that various provisions of this Agreement provide for indemnification by ALS and require specific consideration to be given therefor. ALS and City, therefore, agree that the sum of Ten Dollars and 00/100 {$10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities. Furthermore, ALS and the City understand and agree that the covenants and representations relating to the indemnification provision shall survive the term of this Agreement and continue in full force and effect as to ALS' responsibility to indemnify the City. 10. Use of ALS Logo. ALS agrees to grant the City a limited license to use its logo and name ("ALS Materials") to promote the Event and City's support thereof. ALS represents and warrants that the ALS Materials do not infringe on any third party's proprietary, personal, privacy, or any other right of a third party or infringe upon any other right of any kind, including without limitation, rights affecting copyright, patent, trademark, unfair competition, defamation, privacy, or publicity; and ALS has obtained any necessary permissions from any third party if a third party or third party's property appears in the ALS Materials. 11. Use of City Logo. City agrees to grant ALS a limited license to use its logo and name ("City Materials") for the purposes described herein. City represents and warrants that the City Materials do not infringe on any third party's proprietary, personal, privacy, or any other right of a third party or infringe upon any other right of any kind, including without limitation, rights affecting copyright, patent, trademark, unfair competition, defamation, privacy, or publicity. 12. Weather. The Event will be held regardless of weather conditions (rain or shine). If ALS determines it is necessary to cancel the Event because of severe weather conditions, ALS is still responsible for paying the City all fees and providing the advertising sponsorship deliverables. 13. Third-Party Beneficiaries. ALS and City do not intend to directly or substantially benefit a third party by this Agreement. Therefore, there are no third-party beneficiaries to this Agreement and no third party shall be entitled to assert a right or claim against ALS or City based upon this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. NameExlLj i k:r+-bc1 \ O�:r---•(\ Titl��e., v'-e.J Q(""::), ;_ p .o+ f'v') c,,----c--� 12- CITY OF BOYNTON BEACH By: ___________ Ty Penserga, Mayor Date: ________ _, 2024 Page 3 of 4 45 Ir .2024 CITY ATTORNEY'S OFFICE Approved as to form and legality By: _______ _ Page 4 of 4 46 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-179- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public records of Palm Beach County. Requested Action: Staff recommends approval of Proposed Resolution No. R24-179. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City-contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30-day period. At the end of the 30-day notice from Financial Services, the Resolution is sent for recording with an administrative fee of $30. After the Resolution is recorded, the property owners will receive a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Allows the City to collect on services performed on properties within the City limits. Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Attachments: R24-179 Agenda_Item_1932-2023_Resolution_for_Nuisance_Abatement_Lien (2).docx Exhibit A to Resolution Aug 2024 47 RESOLUTION NO. R24-1791 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZINGTHE ASSESSMENT AND RECORDING 4 OF NUISANCE ABATEMENT LIENS AGAINST PROPERTIES IN THE PUBLIC 5 RECORDS OF PALM BEACH COUNTY, FLORIDA, WITHIN 60 DAYS AFTER6 ADOPTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.7 8 WHEREAS, in accordance with the Municipal Lien Procedure on file in the City of Boynton 9 Beach, the attached list contains the addresses of properties cited by Community Standards for 10 nuisances abated by a City-contracted vendor; and11 WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by 12 the Finance Department in an effort to recoup these costs with no response within the required 13 30-day period; and 14 WHEREAS, said nuisance was not abated as required; and15 WHEREAS, all of the property owners listed in the attached Exhibit “A” were sent letters 16 offering them an opportunity to remit payment within 30 days to avoid incurring a lien on their 17 property; and18 WHEREAS, Community Standards has made a report of costs actually incurred by the City 19 and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” 20 attached to this Resolution; and21 WHEREAS, upon passage of this Resolution, the property owners will be furnished with a 22 copy of this Resolution and given one more opportunity to remit all costs associated with the 23 abatement in full within 30 days after the passage of this Resolution before transmittal to the 24 County for recordation of Liens.25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, AS FOLLOWS:27 SECTION 1: Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference.29 SECTION 2: The amount of costs incurred by the City and the abatement of the above-30 described nuisance as to the parcels of land owned and indicated to wit:31 SEE ATTACHED EXHIBIT “A”32 48 33 The subject amount is hereby assessed as liens against said parcels of land as indicated, plus an 34 additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the 35 taxes therefrom for the year 2024 and shall be enforced and collected in like manner pursuant to 36 applicable provisions of law. In the event collection proceedings are necessary, the property 37 owner shall pay all costs of the proceedings, including reasonable attorney’s fees.38 SECTION 3.The City Clerk is authorized to record this Resolution in the public records 39 of Palm Beach County, Florida.40 SECTION 4.This Resolution shall become effective as provided by law.41 42 PASSED AND ADOPTED this _________ day of ________________________ 2024.43 CITY OF BOYNTON BEACH, FLORIDA44 45 YES NO46 Mayor – Ty Penserga __________47 48 Vice Mayor – Aimee Kelley __________49 50 Commissioner – Angela Cruz __________51 52 Commissioner – Woodrow L. Hay __________53 54 Commissioner – Thomas Turkin __________55 56 VOTE ______57 ATTEST:58 59 60 ___________________________________________________________61 Maylee De Jesús, MPA, MMC Ty Penserga62 City Clerk Mayor63 64 APPROVED AS TO FORM:65 (Corporate Seal)66 _______________________________67 Shawna G. Lamb68 City Attorney69 49 First Name Last Name Company Name Mailing Address PCN Nuisance Abatement Property Address Case# Invoice Invoiced Amount Amount Owed + $30 MCCABE DEVELOPMENT LLC 714 WHISPERINE PINES RD. BOYNTON BEACH, FL 333435-8139 08-43-46-04-00-000-1020 3025 N FEDERAL HWY 24-642 90813 $488.09 $518.09 DIANE COPELAND 13233 S MILITARY TRL, DELRAY BEACH, FL 33484-1109 08-43-45-28-12-020-0110 902 S SEACREST BLVD 24-161 90965 $463.09 $493.09 DIANE COPELAND 13233 S MILITARY TRL, DELRAY BEACH, FL 33484-1109 08-43-45-28-12-020-0110 902 S SEACREST BLVD 24-1568 93101 $463.09 $493.09 DOUGLAS FEELEY 331 NE 24TH AVE, BOYNTON BEACH, FL 33435-2134 08-43-45-15-07-007-0040 331 NE 24TH AVE 24-1317 93102 $513.09 $543.09 NRH HOMES LLC 847 W 13TH ST # 1 , RIVIERA BEACH, FL 33404-6709 08-43-45-29-34-000-0040 731 SW 3RD AVE 24-1112 92477 $538.09 $568.09 NRH HOMES LLC 847 W 13TH ST # 1 , RIVIERA BEACH, FL 33404-6709 08-43-45-29-34-000-0030 741 SW 3RD AVE 24-1111 92206 $538.09 $568.09 ANDREW KENNEDY 751 SW 3RD AVE, BOYNTON BEACH, FL 33426-4703 08-43-45-34-000-0020 751 SW 3RD AVE 24-1110 92207 $538.09 $568.09 PBG HOMES LLC 2326 S CONGRESS AVE STE 1F, WEST PALM BEACH, FL 33406 08-43-45-29-34-000-0010 761 SW 3RD AVE 24-1109 92208 $538.09 $568.09 JLKM MANAGEMENT LLC 340 NW 183RD ST , MIAMI , FL 33169-4464 08-43-45-33-03-000-0420 219 SE 23RD AVE 24-908 92002 $538.09 $568.09 EXHIBIT A 50 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-181- Approving a Literacy AmeriCorps Palm Beach County Cooperative Agreement for 2024 - 2025. Requested Action: Staff recommends approval of Proposed Resolution No. R24-181. Explanation of Request: The Boynton Beach City Library, in collaboration with the Literacy Coalition of Palm Beach County through the AmeriCorps Programs, offers essential educational services to the community. These services include homework help, SAT/ACT preparation, and ESOL (English for Speakers of Other Languages) classes. Specifically, two full-time AmeriCorps volunteers are involved: one focuses on ESOL literacy for adults, and the other provides homework help for youth. This partnership aims to enhance educational opportunities and support lifelong learning for all residents. How will this affect city programs or services? The addition of two full-time AmeriCorps volunteers will significantly enhance the library's educational services. For adults, the ESOL literacy program will improve English language proficiency, aiding in better job prospects and community integration. For youth, the homework help program will provide much-needed academic support, contributing to improved school performance and higher chances of success in standardized tests like the SAT and ACT. Overall, these services will strengthen the library's role as a community hub for education and support, aligning with the city's goal of fostering a well-educated and prosperous community. Fiscal Impact: This Library initiative is a proposed budgeted item, within the City's budget. The financial investment in these AmeriCorps volunteers is expected to yield significant returns in the form of enhanced educational outcomes and community engagement. Attachments: R24-181 Agenda_Item_1938- 2023_Resolution_for_Literacy_AmeriCorps_Cooperative_Agmt.docx Exhibit A to Resolution - Site_Cooperative_Agreement_2024-2025__2_ page one complete.pdf Exhibit A to Resolution - Americorps Addendum.pdf 51 RESOLUTION NO. R24-1811 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A 2024-2025 COOPERATIVE AGREEMENT 4 WITH LITERACY AMERICORPS PALM BEACH COUNTY FOR ESSENTIAL 5 EDUCATIONAL SERVICES TO THE COMMUNITY; AND FOR ALL OTHER 6 PURPOSES. 7 8 WHEREAS,the Boynton Beach City Library, in collaboration with the Literacy Coalition of 9 Palm Beach County through the AmeriCorps Programs, offers essential educational services to the 10 community. These services include homework help, SAT/ACT preparation, and ESOL (English for 11 Speakers of Other Languages) classes. Specifically, two full-time AmeriCorps volunteers are 12 involved: one focuses on ESOL literacy for adults, and the other provides homework help for youth. 13 This partnership aims to enhance educational opportunities and support lifelong learning for all 14 residents; and15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the city's citizens and residents to approve a 2024-2025 Cooperative Agreement 17 with Literacy AmeriCorps Palm Beach County for essential educational services to the community.18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 20 BEACH, FLORIDA, THAT:21 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption.23 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 24 approve a 2024-2025 Cooperative Agreement between Literacy AmeriCorps Palm Beach County25 and the City for essential educational services to the community (the “Agreement”), in form and 26 substance similar to that attached as “Exhibit A.“27 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 28 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 29 ancillary documents required under the Agreement or necessary to accomplish the purposes of 30 the Agreement and this Resolution.31 SECTION 4.One fully executed original of the Agreement shall be retained by the City 32 52 Clerk as a public record of the City. A copy of the fully executed Agreement shall be provided to 33 Tiffany Pagan to forward to Literacy AmeriCorps.34 SECTION 5.This Resolution shall take effect in accordance with law.35 36 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.37 CITY OF BOYNTON BEACH, FLORIDA38 YES NO39 Mayor – Ty Penserga __________40 41 Vice Mayor – Aimee Kelley __________42 43 Commissioner – Angela Cruz __________44 45 Commissioner – Woodrow L. Hay __________46 47 Commissioner – Thomas Turkin __________48 49 VOTE ______50 ATTEST:51 52 ___________________________________________________________53 Maylee De Jesús, MPA, MMC Ty Penserga54 City Clerk Mayor55 56 APPROVED AS TO FORM:57 (Corporate Seal)58 59 _______________________________60 Shawna G. Lamb61 City Attorney62 53 Revised: June 2024 1 | P a g e Literacy AmeriCorps Palm Beach County 2024-2025 Cooperative Agreement I. Purpose This agreement is entered on August 01, 2024 and ending on July 31, 2025, between Literacy AmeriCorps Palm Beach County hereinafter referred to as “Program” and Site Name: _____________________________________________________________ Site Address: ___________________________________________________________ Site Address: ___________________________________________________________ Site Supervisor Name: ____________________________________________________ Site Supervisor Title: _____________________________________________________ hereinafter referred to as “Site”. The Palm Beach County Literacy Coalition is sponsoring this program which is funded by Volunteer Florida through an AmeriCorps grant from AmeriCorps (formerly known as the Corporation for National and Community Service ). As a Site, you recognize the role of literacy programs in solving many social problems in Palm Beach County and have made a commitment to having your assigned Member(s) engaged in these types of activities. II. Program Responsibilities A. In accordance with the terms of the Literacy AmeriCorps Handbook, the Program hereby agrees to provide the following: 1. Health insurance to qualified members . 2. Facilitation of the process of obtaining a childcare allowance from the appropriate governmental agency in accordance with the provisions set forth in the Literacy AmeriCorps Handbook. 3. Properly completed paperwork to enroll, accurately track service hours and any other required information, and exit members from the AmeriCorps program in accordance with the Literacy AmeriCorps Handbook. Members who qualify under the terms of the Literacy AmeriCorps Handbook will receive an educa tion award of $7,395, for full time members, from the National Service Trust. Boynton Beach City Library 100 E. Ocean Ave. Boynton Beach, FL 33435 Tiffany Pagan Assistant Library Director 54 Revised: June 2024 2 | P a g e 4. A living allowance of $1,375.00 per pay period of service to each full-time member. 5. Member development training and activities ranging from but not limited to : Tutor Training, CPR, First Aid, Disability Awareness, Literacy, Community Service and Communication Skills. 6. Site Supervisor orientation, a Literacy AmeriCorps Handbook, reporting schedule, reporting requirements, reporting and evaluation forms, member agreement, and service log. 7. Recruitment, interviewing, and placement efforts for members in collaboration with the Site. 8. Mediation between members and site supervisors upon request. 9. Timely and appropriate communications from the Program. 10. The Program is responsible for all decisions regarding disciplinary matters, including those involving criminal activity, which may ultimately result in the member’s release from service. The Program will manage all grievance processes in accordance with the terms and conditions of the Literacy AmeriCorps Handbook and Member Contract. The Program will communicate promptly any changes in status of members to the Site. III. Service Site Responsibilities A. The Site has indicated a willingness and ability to participate in the Literacy AmeriCorps Palm Beach County program and agrees to pay $16,750 per full time member or $7750 per part time member in 3 i nstallments on September 1, 2024, January 1, 2025, and April 1, 2025 (unless 2 equal installments or 1 installment is preferred). B. The Site agrees to provide the member with site specific training and orientation needed to fulfill their duties at the Site and to provide resources needed to fulfill these duties. C. The Site agrees to provide adequate supervisory support to assist member s in fulfilling their service activities and member development plans. D. The Site agrees to communicate and document member performance, member attendance, and other member activities to the Program in a timely and professional manner. E. The Site agrees to review member service logs (approve or request revisions), electronically sign in to America Learns and submit within four days of members’ submission to ensure correct calculations and service activities . F. The Site will provide a written plan to the AmeriCorps Program Director verifying the process for how AmeriCorps member time and attendance will be tracked at sub-sites (e.g., schools and libraries). The written site plan must include the name and contact information of the sub-site staff member responsible for supervising AmeriCorps members. The AmeriCorps Program Director and lead 55 Revised: June 2024 3 | P a g e site supervisor are responsible for orienting the sub-site staff member to the AmeriCorps program including the prohibited activities and programmatic goals. G. The Site agrees to support the Program by ensuring that its members attend all mandatory Program trainings, service projects, meetings and events which may be up to 20% or 340 hours of their 1700 required hours of service or the members will have acceptable verification for absences. H. The Site agrees to complete a mid-year and an end-of-year performance evaluation on each member assigned to it. The performance evaluation will be signed by the member. I. The Site agrees to participate in at least one site visit made by the Program. The designated site supervisor agrees to be present at the site visit. The AmeriCorps Director and the Director of Recruitment & Retention will visit each site a minimum of 2 times per year. J. The Site agrees to notify the Program of any discipline matters, emergency, criminal activity, or other event requiring Program action/response, and to document any incidents is needed. The Site further agrees to manage all grievance processes in accordance with the terms and condition s of the Literacy AmeriCorps Handbook and Member Contract. K. The Site agrees to meet the assessment requirements listed in the Literacy AmeriCorps performance measures and assist the member in completing reports based on these measures for the Program. L. The Site agrees to support the member in exercising his/her civic duties of voting and jury duty. See Literacy AmeriCorps Handbook for more details. M. The Site agrees not to discuss or offer the member a paid position for employment with the Site until after the member has fulfilled his/her term of service with the Program. N. The Site agrees to identify the AmeriCorps member(s) as a Literacy Coalition of Palm Beach County member in all public venues such as web site, newsletter (in print and online), press releases, TV & radio and all other communications and use the logos for AmeriCorps and Volunteer Florida, and agrees to display “AmeriCorps serves here” signage . 56 Revised: June 2024 4 | P a g e IV. Failure to Meet Responsibilities The Site further agrees to act in conformance with, and abide by, all current and future rules, provisions, and procedures established by the Program. These rules are included in the Literacy AmeriCorps Handbook. a. Failure to comply with these requirements may be a basis for the Site losing a member and forfeiting their contributed portion of the match. b. The Site may request termination from the program with at least 30 days’ notice by submitting in writing the circumstances of their desire to terminate from the Program. A Site who terminates from the Program may jeopardize their ability to participate in the Program in the future and forfeits their contributed portion of the match. c. The Program will establish and implement a grievance procedure for Sites to resolve disputes and disagreements about the conduct of the Program. The details of this grievance procedure are set forth in the Literacy AmeriCorps Handbook. 57 Revised: June 2024 5 | P a g e Agreement Statement The Site acknowledges by his/her signature at the bottom of this document that he/she has read and/or has been adequately informed of the requirements and primary responsibilities of all parties to the agreement, including the provided Non -Duplication, Non-Displacement and Non-Discrimination provisions, as well as the m ajor provisions of this agreement. The Site further understands that his/her signature constitutes an agreement and commitment to comply with all Program requirements. Primary Site Supervisor Contact Site Supervisor – Signature: _______________________________ Site Supervisor, Name & Title: _____________________________ Date: ______________________________ Secondary Site Supervisor Contact (as applicable) Secondary Site Contact, Name & Title: _______________________________ Secondary Site Contact – Signature: _______________________________ Date: ________________________________ Literacy AmeriCorps Official Signature: _____________________________ Literacy AmeriCorps, Name & Title: Megan Wiston, Literacy AmeriCorps Director Date: ________________________________ 729/24 58 Revised: June 2024 6 | P a g e AmeriCorps Prohibited Activities At no time during the performance of program activities at the regular service site or anywhere else, may the member engage in any activity that is illegal under local, state, or federal law, poses a significant safety risk to others, or is considered an A meriCorps prohibited activity. AmeriCorps prohibited activities include: 1. attempting to influence legislation; 2. conduction voter registration drives; 3. assisting, promoting, or deterring union organizing; 4. impairing existing contracts for services or collective bargaining agreements; 5. participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 6. providing a direct benefit to a for-profit entity, a labor union, a partisan political organization, a religious organization, or a non -profit that engages in lobbying; 7. engaging in religious instruction; 8. conducting worship services; 9. providing instruction as a part of a program that includes mandatory religious instruction or worship; 10. constructing or operating facilitates devoted to religious instruction or worship; 11. maintaining facilities primarily or inherently devoted to religious instruction or worship; and 12. engaging in any form of promoting a religion or converting people to a religion. 13. providing abortion services or referrals 14. AmeriCorps member(s) cannot perform clerical duties except if incidental to their direct service activities, fill in for absent employees, displace employees, or handle money. 15. AmeriCorps members may not participate in organized fund raising for an organization or community-based organizations that do not provide immediate and direct support of the approved objectives of the grant. Services activities that raise funds or in -kind contribution while generating, involving, and/or encouraging community support may be appropriate and allowable to the extent they are in direct and immediate support of an approved objective of the Program and provided that they are not the Program’s primary activity. 16. AmeriCorps members may not participate in grant proposal writing to help generate match funds or support the organization’s general operating expenses . Allowable member fundraising may not exceed 10% of the individual’s service time and must be pre-approved by the Program Director. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. 59 Revised: June 2024 7 | P a g e In addition to the above activities, the below activities are additionally prohibited: Census Activities. AmeriCorps members and volunteers associated with AmeriCorps grants may not engage in census activities during service hours. Being a census taker during service hours is categorically prohibited. Census-related activities (e.g., promotion of the Census, education about the importance of the Census) do not align with AmeriCorps State and National objectives. What members and volunteers do on their own time is up to them, consistent with program policies about outside employment and activities. Election and Polling Activities. AmeriCorps members may not provide services for election or polling locations or in support of such activities. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizen s and may participate in the activities listed above on their initiative, on non -AmeriCorps time, and using non-AmeriCorps funds. Individuals should not wear the AmeriCorps logo while engaging in any of the above activities in their personal time. All locations where members serve should post a list of the prohibited activities, when possible. I have read and understand the policy regarding AmeriCorps Prohibited Activities and will enforce this policy during member(s) hours of service. Name of Organization (Site): ____________________________________________ Signature of Authorized Representative: ___________________________________ Date: _______________________ 60 Revised: June 2024 8 | P a g e Non-duplication and Non-displacement: 45 CFR §§ 2540.100(e)-(f) § 2540.100 What restrictions govern the use of Corporation assistance? (e) Nonduplication. Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, Corporation assistance will not be provided to a private nonprof it entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. (f) Non-displacement. (1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. (2) An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. (3) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. (4) A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. (5) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that — (i) Will supplant the hiring of employed workers; or (ii) Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. (6) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any — (i) Presently employed worker; (ii) Employee who recently resigned or was discharged; (iii) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or (v) Employee who is on strike or who is being locked out. 61 Revised: June 2024 9 | P a g e Fundraising by members: 45 CFR §§ 2520.40-.45 § 2520.40 Under what circumstances may AmeriCorps members in my program raise resources? (a) AmeriCorps members may raise resources directly in support of your program's service activities. (b) Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following: (1) Seeking donations of books from companies and individuals for a program in which volunteers teach children to read; (2) Writing a grant proposal to a foundation to secure resources to support the training of volunteers; (3) Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; (4) Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization; (5) Seeking donations from alumni of the program for specific service projects being performed by current members. (c) AmeriCorps members may not: (1) Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; (2) Write a grant application to the Corporation or to any other Federal agency. § 2520.45 How much time may an AmeriCorps member spend fundraising? An AmeriCorps member may spend no more than ten percent of his or her originally agreed -upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities, as described in § 2520.40. Authorization: The Site and Program hereby acknowledges by their signature that they have read, understand, and agree to all terms and conditions of this agreement. _________________________________ ___________________________________ Site Supervisor Signature AmeriCorps Director Signature _________________________________ __________________________________ Date Date 7/29/24 62 Addendum to Americorps Agreement ADDENDUM ADDITIONAL TERMS The terms of this Addendum govern and control your Agreement with the City of Boynton Beach. If there is any conflict between the Agreement and this Addendum, this Addendum shall control. PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6060 CITYCLERK@BBFL.US DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Contractor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. VERIFICATION OF EMPLOYMENT ELIGIBILITY. Contractor represents that Contractor and each subcontractor have registered with and use 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 Contractor violates this section, City may immediately terminate this Agreement for cause, and Contractor shall be liable for all costs incurred by City due to the termination. PUBLIC ENTITY CRIMES ACT. Contractor 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. Contractor 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 Contractor has been 63 Addendum to Americorps Agreement placed on the convicted vendor list. ENTITIES OF FOREIGN CONCERN. This section shall apply if Contractor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Contractor represents and certifies: (i) Contractor 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 Contractor; and (iii) Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date or the date that Contractor or its subcontractor will have access to personal identifying information under this Agreement, Contractor and any subcontractor that will have access to personal identifying information 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. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of the Agreement, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. VENUE, WAIVER OF JURY TRIAL. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. INDEMNIFICATION. Contractor shall indemnify, hold harmless, and defend City and all of City’s current, past, and future officers, agents, and employees (collectively, “Indemnified Party”) from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys’ fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Contractor, or any intentional, reckless, or negligent act or omission of Contractor, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Contractor shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. Any provision of the Agreement that requires the City to indemnify the Contractor or any third party is hereby deleted in its entirety. 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. By signing below, the Contractor agrees to the terms in this Addendum. By:_____________________________ Name:___________________________ Title:____________________________ Date:____________________________ 7/29/24 Director of Literacy AmeriCorps Megan Wiston 64 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-183- Approving an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten (10) years commencing October 1, 2024 and ending September 30, 2034. Requested Action: Staff recommends approval of Proposed Resolution No. R24-183. Explanation of Request: Approval of this Interlocal Agreement will renew the current agreement between the City of Boynton Beach and the Village of Golf for the provision of Fire Rescue services for 10 years. The Interlocal Agreement provides for an initial annual fee for services, effective October 1, 2024, of Three Hundred Seven Thousand Five Hundred Eighty- Nine and 96/100 Dollars ($307,589.96), payable in two equal, annual installments on January 15 and April 15. The agreement also includes a minimum annual increase based on South Florida CPI (consumer price index). How will this affect city programs or services? This will replace the current agreement and increase the annual revenues from providing these services by $51,589 over the FY 23/24 revenues. The level and type of services provided to the City of Boynton Beach residents and the Village of Golf residents will not change. Fiscal Impact: This will provide $307,589.96 of revenues for FY24/25, which is an increase of $51,589 over the FY 23/24 amount. Attachments: R24-183 Agenda_Item_1989- 2023_Resolution_for_Village_of_Golf_Interlocal_Agreement.docx Village of Golf Interlocal (8.8.24).docx 65 RESOLUTION NO. R24-1831 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT PROVIDING 4 FIRE RESCUE SERVICES IN THE VILLAGE OF GOLF BY THE CITY OF BOYNTON 5 BEACH.; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS,the Village of Golf (“Village”) presently does not maintain a Fire Protection and 8 Fire Rescue Department with firefighting, emergency medical equipment, and personnel, and 9 desires the City to provide fire and rescue services to the Village; and10 WHEREAS,the City does presently maintain a Fire Protection and Fire Rescue Department 11 and desires to provide fire and rescue services to the Village; and12 WHEREAS,the City will maintain or improve the standards of fire and rescue services to 13 the Village as currently provided by the City within its municipal limits; and14 WHEREAS,the City has mutual aid agreements with Palm Beach County Fire Rescue, 15 Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and16 WHEREAS,the City and Village previously entered into an Interlocal Agreement dated 17 August 4, 2015, for the City to provide Fire Rescue Services to the Village from October 1, 2015 18 through September 30, 2025; and19 WHEREAS,the City and Village desire to enter into a new cooperative arrangement 20 providing fire and rescue services benefiting public safety and local government commencing 21 October 1, 2024, which will replace and supersede the prior agreement between the parties; and22 WHEREAS,section 163.01, Florida Statutes, permits public agencies to enter into interlocal 23 agreements with each other to jointly exercise any power, privilege, or authority which such 24 agencies share in common and which each might exercise separately; and25 WHEREAS,it is deemed mutually advantageous to enter into this Agreement for the 26 express purpose of cooperating in the provision of fire and rescue services without regard to 27 territorial boundaries, which shall benefit mutually and equally the citizens of each party; and28 WHEREAS,the City will provide fire and rescue services to the Village in conformance with 29 City and Palm Beach County Fire Code Ordinances; and30 31 66 WHEREAS,the City will provide fire and rescue equipment and personnel to ensure that32 the Village will receive the same or improved standards of fire and rescue services; and33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 34 best interests of the city's citizens and residents to approve an Interlocal Agreement providing 35 Fire Rescue Services in the Village of Golf by the City of Boynton Beach.36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 BEACH, FLORIDA, THAT:39 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption.41 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 42 approve an Interlocal Agreement providing for Fire Rescue Services in the Village of Golf by the 43 City of Boynton Beach (the “Interlocal Agreement”), in form and substance similar to that attached 44 as “Exhibit A.“45 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 46 authorizes the Mayor to execute the Interlocal Agreement. The Mayor is further authorized to 47 execute any ancillary documents required under the Agreement or necessary to accomplish the 48 purposes of the Agreement and this Resolution.49 SECTION 4.Upon execution by all parties, the City Clerk is hereby directed to file the 50 fully executed original Amendment with the Clerk of the Circuit Court of Palm Beach County, 51 Florida, as required by Section 163.01(11), Florida Statutes, for interlocal agreements.52 SECTION 5.The City Clerk shall retain the recorded original of the Interlocal Agreement53 as a public record of the City. A copy of the recorded Interlocal Agreement shall be provided to 54 Kori Grant and Chief Bruder to provide to the Village.55 SECTION 6.This Resolution shall take effect in accordance with law.56 [signatures on the following page]57 58 59 67 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 Mayor – Ty Penserga __________63 64 Vice Mayor – Aimee Kelley __________65 66 Commissioner – Angela Cruz __________67 68 Commissioner – Woodrow L. Hay __________69 70 Commissioner – Thomas Turkin __________71 72 VOTE ______73 ATTEST:74 75 ___________________________________________________________76 Maylee De Jesús, MPA, MMC Ty Penserga77 City Clerk Mayor78 79 APPROVED AS TO FORM:80 (Corporate Seal)81 82 _______________________________83 Shawna G. Lamb84 City Attorney85 68 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)1 INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IN THE VILLAGE OF GOLF BY THE CITY OF BOYNTON BEACH This Agreement, made and entered into this ____ day of ___________ 2024 by and between the City of Boynton Beach, Florida, a municipal corporation, hereinafter referred to as “City,” and the Village of Golf, Florida, a municipal corporation, hereinafter referred to as “Village.” WITNESSETH: WHEREAS, the Village presently does not maintain a Fire Protection and Fire Rescue Department with firefighting, emergency medical equipment, and personnel, and desires the City to provide fire and rescue services to the Village; and WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and desires to provide fire and rescue services to the Village; and WHEREAS, the City will maintain or improve the standards of fire and rescue services to the Village as currently provided by the City within its municipal limits; and WHEREAS, the City has mutual aid agreements with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Village previously entered into an Interlocal Agreement dated August 4, 2015, for the City to provide Fire Rescue Services to the Village from October 1, 2015 through September 30, 2025; and WHEREAS, the City and Village desire to enter into a new cooperative arrangement providing fire and rescue services benefiting public safety and local government commencing October 1, 2024, which will replace and supersede the prior agreement between the parties; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority, which such agencies share in common and which each might exercise separately; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of fire and rescue services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each party; and WHEREAS, the City will provide fire and rescue services to the Village in conformance with City and Palm Beach County Fire Code Ordinances; and WHEREAS, the City will provide fire and rescue equipment and personnel to ensure that the Village will receive the same or improved standards of fire and rescue services; and 69 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)2 NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECTION 1.PURPOSE (a)This Agreement constitutes an interlocal agreement authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common, which any City could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County, Florida. (b)The purpose of this Agreement is to provide fire protection, fire rescue, and advanced life support within the municipal limits of the Village by the City Fire Rescue Department. Fire Rescue shall include advanced life support as that term is defined by section 401.23 Florida Statutes. Fire protection shall include plan review, fire code enforcement, building inspection, fire suppression, and fire investigation. (c)This Agreement supersedes, cancels, and replaces the August 4, 2015, Agreement for Fire Rescue Services between the parties. SECTION 2.TERM OF AGREEMENT This Agreement shall be for ten (10) years commencing October 1, 2024, and ending September 30, 2034, unless sooner terminated as provided herein. This Agreement shall be renewable for additional predetermined periods upon the written agreement of both parties. SECTION 3.SERVICES RENDERED / RESPONSIBILITIES OF THE PARTIES The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation, and advanced life support services 24 hours per day, 365 days per year, within the municipal limits of the Village throughout the term of this Agreement. (a)Fire Prevention Services. The City shall provide the following fire prevention services: Conduct fire inspections on applicable buildings and structures located within the incorporated boundaries of the Villagein accordance with the Florida Fire Prevention Code and City of Boynton Beach Local Amendments thereto, as adopted by the Village pursuant to Section 3(f) of this Agreement, (hereinafter, collectively referred to as the “Fire Code”), all as may be amended from time to time. City shall provide to the Villageannually a list of the names of all businesses or occupancies that have been inspected by the City during that period. Provide new construction plans review and new construction inspections. Not less than 90% of all plans submitted to City shall be reviewed and returned within seven (7) working days after their receipt. City shall endeavor to complete, on a daily basis, all new construction inspections required by the Village's permitting process when scheduled by 8:30 AM. City also agrees to work with the Village to expedite review of individual plans that may be time sensitive. Conduct fire/arson investigations within the Village in cooperation and consultation with the Village's Police Department, and the State Fire Marshall’s office, where appropriate, to determine cause and origin and will respond to subpoenas regarding same and provide testimony if needed in 70 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)3 code enforcement cases or in any other type of legal proceedings, including quasi-judicial or administrative hearings, relating to the services provided hereunder. Fire Rescue will coordinate with the Village's Police Department on any subsequent investigations that require law enforcement assistance. (b)Emergency Medical Services. Emergency medical services provided by the City pursuant to this Agreement shall be in accordance with Chapter 13, Article II, Division I of the Palm Beach County Code, and the rules and regulations promulgated thereunder, all as may be amended from time to time. The Village shall take any and all action necessary to facilitate the delivery of EMS services by City hereunder, including but not limited to the transfer or assignment of its Certificate of Public Convenience and Necessity (COPCN), if any, to City for the provision of ALS and/or BLS services. Should City not be granted the necessary COPCNs to provide the contemplated services within the Village boundaries at any time during the term of this Agreement, then the City shall have the right to terminate this Agreement in whole or in part consistent with the COPCNs or lack thereof, without penalty, damages or recourse to either party, and any further related obligations under this Agreement shall be considered null and void. (c)Control of Services and Dispatch. This Agreement shall not be construed to impose any obligation, duty, or responsibility whatsoever on the City to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City or at any emergency scene within the Village boundaries at any specific time. The City will dispatch and assign the closest, appropriately staffed, and available vehicle(s) to emergencies within the Village consistent with the level of resources available to the City and the level of service provided to City residents. (d)Availability of Resources. The parties hereto further understand and agree that a possibility exists that the City of Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires, and other public safety problems. In the event of a simultaneous occurrence of emergencies, the judgment of the Fire Chief of the City or the senior Fire Department Officer on duty at the time as to which should receive first priority response shall be binding upon the parties hereto. If the City cannot respond to a call for assistance due to multiple calls and/or alarms in progress, all reasonable efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction cooperating with the City through various mutual aid agreements in effect at the time. (e)Authority. The Fire Chief of the City of Boynton Beach shall have full and complete authority through the normal chain of command over the operation of the City of Boynton Beach Fire Department personnel, vehicles, and equipment while in the Village of Golf. The City Fire Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Village for its use and to support this Agreement during its term. (f)Adoption of Fire Code. The Parties understand and agree that this Agreement is contingent upon the Village maintaining an ordinance for the duration of this Agreement that adopts the Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, including NFPA I Fire Prevention Code (current edition) and NFPA Life Safety Code (current edition), in addition to any local amendments adopted by the City in accordance with section 633.0215, Florida Statutes. The Village has established and shall maintain its own code enforcement board or special master to hear Fire Code violations within the Village. However, notwithstanding anything herein that might be 71 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)4 construed to the contrary, any board, special master, or enforcement system established by the Village shall defer to the City’s Fire Chief for all interpretations of the Fire Code as applied within the Village. Interpretations of the Fire Code shall remain the function and responsibility of the City’s Fire Chief. (g)Non-Interference with City Services. The Village officials, employees, residents, and citizens shall not interfere with the direction, management, and deployment of the City Fire Department, its personnel, or equipment at any time during firefighting or other emergency situations. (h)Street / Road Closures. The Village shall report all street and road closures/openings to the City’s Fire Department: (i) a minimum of three (3) days’ in advance if planned by the Village, and (ii) if unplanned, immediately upon Village becoming aware of the street or road closure/opening. (i)Emergency Preparedness. Village is responsible for all emergency preparedness planning and program implementation for the Village. The City assumes no responsibility for the Village's emergency preparedness planning and program implementation. (j)Hazardous Materials. The City will provide the same level of service to the Village relative to hazardous materials incidents as it provides to its own residents. The City's hazardous materials response is governed by the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 as it may be amended from time to time (“County Haz-Mat Ordinance”), which is incorporated herein and made a part hereof by reference. As set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or allowing a discharge or threatened discharge. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Village and the City (or the County on behalf of the City), using its best efforts, is unable to recover such costs from the responsible persons or the Federal Government in accordance with Section 7 of the County Haz-Mat Ordinance, the Village shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/ or other containers used by the City Fire Rescue Department. (k)Changes to City Ordinances or Policies Regarding Services. The City shall promptly provide the Village with copies of all new legislation adopted by the City, including but not limited to ordinances, resolutions, policies, or procedures that may be enacted by the City, related to the City’s provision of the services, including but not limited to changes to Chapter 2.5, entitled “Alarm Systems,” and/ or Chapter 9, entitled “Fire Protection and Prevention,” of the City of Boynton Beach Code of Ordinances. All legislation applicable to this Agreement shall be applied in the same manner to the Village as it is to City’s residents. (l)Additional Fees; Invoicing. The City may invoice directly for certain fees and services in accordance with Section 4(e) below. The City shall be responsible for all invoicing and collections of fees. (m)HIPAA Compliance. Under this Agreement, the City may have access to protected health information (“PHI”) subject to 45 C.F.R. Parts 160, 162, and 164 requirements and related regulations. To the extent applicable, the City shall comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”). 72 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)5 The requirement to comply with this provision, HIPAA, and HITECH shall survive this Agreement's expiration or earlier termination. SECTION 4.PAYMENT (a)Base Fee. In consideration of the City providing the services set forth in Section 3, the Village agrees to pay the City Three Hundred Seven Thousand Five Hundred Eighty-Nine and 96/100 Dollars ($307,589.96) during the first year of this Agreement, payable intwo equal, annual installments on January 15 and April 15. (b)Additional Increases. Commencing October 1, 2025, the City's annual compensation for fire rescue services to be rendered to the Village shall be adjusted annually. Per the parties' mutual agreement, such compensation may be adjusted to offset any increased costs of providing the enumerated services and programs due to unfunded mandates of the Federal, State, or County government, and to address any unforeseen events or contingencies. The adjustments contemplated in this subsection shall be in addition to the annual adjustment set forth below. (c)Annual Base Fee Adjustment. Before July 1, 2025, and annually before July 1 of each succeeding year of this Agreement, the initial compensation payable by the Village to the City ($307,589.96) shall be adjusted effective October 1, 2025, and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1, 2025, and for each succeeding year of this Agreement shall be determined by incorporating the May All Urban Consumer Price Index (CPI) in accordance with the Department of Labor - Department of Statistics or an increase of four percent (4%), whichever is greater. (d)Method of Payment. Adjusted compensation for fire rescue services shall be paid by the Village to the City in two equal installments annually on January 15 and April 15 throughout the term of this Agreement. (e)Other Revenue. The Parties acknowledge and agree that the City may invoice, collect, and retain all revenue from the following: 1.All companies or persons directly receiving hazardous materials mitigation services or benefitting from them, in accordance with the County Haz-Mat Ordinance; 2.Fees for non-emergency services provided within the Village’s boundaries, including, but not limited to, fire inspection fees, plan review fees for new development, redevelopment, and existing structures, and false alarm fees, in accordance with the City’s Code of Ordinances, or such other fee resolution adopted by the City Commission; and 3.Fees for persons receiving emergency transport services in accordance with the City’s Code of Ordinances or such other fee resolution adopted by the City Commission. The Village shall take all actions necessary to ensure that the City is lawfully empowered to invoice and collect the fees described above. 73 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)6 SECTION 5.NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, with a contemporaneous copy via email, to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager): City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Email: duggerd@bbfl.us Fire Chief City of Boynton Beach 2080 High Ridge Road Boynton Beach, FL 33426 Email: bruderh@bbfl.us Village Manager Village of Golf 21 Country Road Village of Golf, FL 33436 Email:______________ SECTION 6.FIRE PREVENTION CODE / CITY ORDINANCES The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, including NFPA 1 Fire Prevention Code and NFPA 101 Life Safety Code, in addition to any local amendments adopted by the City in accordance with section 633.202, Florida Statutes, shall apply within the Village's municipal limits. Chapter 2.5 and amendments hereafter of the City Code of Ordinances, “Alarm Systems,”shall be incorporated herein by reference in this Agreement, and shall be applicable to the City’s services provided within the Village’s municipal limits. SECTION 7.ADMINISTRATION; NO TRANSFER OF POWERS; INDEMNIFICATION All written rules, regulations, policies,and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Village pursuant to this Agreement. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an interlocal agreement to provide fire rescue services as authorized by Chapter 163 Florida Statutes. The Village and City Councils (Commissions) shall each retain total legislative authority with regard to their respective municipalities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, worker's compensation, and other benefits that apply to the activity of officers, agents, or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such 74 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)7 functions and duties of such officers, agents, or employees extra-territorially under the provisions of any such interlocal agreement. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of any state, county, City, or Village officials. Each party is an entity subject to Section 768.28, Florida Statutes. Each party represents that it is insured and/or self-insured with coverage limits in accordance with state law. Each party will provide the other party with written verification of liability protection in accordance with state law upon request throughout the term. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes. SECTION 8.DISPUTES If the Village has a dispute with respect to the City's performance hereunder, the Village Manager shall notify the City Manager in writing, advising of the disputed matter. If the disputed matter is not resolved to the satisfaction of the Village arid the City, the dispute shall be submitted to an arbitrator mutually agreed to by the parties. If an agreement is not reached on the appointment, either party may submit to the American Arbitration Association for an appointment. The decision of the arbitrator shall be binding. If any legal action or other proceeding is brought for the enforcement of this Agreement, the prevailing party will be entitled to recover from the other party reasonable attorneys' fees and costs, including fees and costs incident to appeals, incurred in that action or proceeding, in addition to any other relief to which such party may be entitled. SECTION 9.TERMINATION Either party may terminate this Agreement, with or without cause, upon a minimum of one (1) year's written notice to the other party, such termination to be effective at the end of the first complete fiscal year (September 30) after receipt of written notice to terminate this Agreement. For example, if either party gives written notice to the other party to terminate this Agreement any time after October 1, 2024, and prior to September 30, 2025,this Agreement shall be terminated on September 30, 2026. SECTION 10.AMENDMENT TO AGREEMENT This Agreement may not be amended or modified except in writing, executed by the parties, and approved by resolution of each party's governing body. SECTION 11.MISCELLANEOUS PROVISIONS (a)Each person signing this Agreement on behalf of either party individually warrants that they have full legal power to execute this Agreement on behalf of the party for whom they are signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (b)The captions and section designations herein are for convenience only and shall have no substantive meaning. 75 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)8 (c)If any terms or provisions of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. (d)This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce or arising out of this Agreement shall be held exclusively in Palm Beach County, Florida. (e)This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement, including, but not limited to, the August 4, 2015 agreement between the parties. None of the provisions, terms, and conditions contained herein may be added to, modified, superseded, or otherwise altered except by a written instrument executed by the parties hereto. (f)This Agreement and subsequent amendments thereto shall be filed by the City with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01(11), Florida Statutes. (g)Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. To the extent permitted by law, the Inspector General's authority includes but is not limited to the power to review past, present, and proposed County contracts, transactions, accounts, and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers, agents, employees, and lobbyists to ensure compliance with contract requirements and detect corruption and fraud.Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall violate Palm Beach County Code, Section 2-421 - 2-440, and be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor. (h)Except as otherwise provided in this Agreement, City shall not be deemed in default or in breach of this Agreement to the extent it is unable to perform due to an event of Force Majeure. For the purpose of this Agreement, Force Majeure shall mean and include any act of God, accident, lockout, strike or other labor dispute, riot or civil commotion, act of a public enemy, enactment, rule, order, or of government or governmental instrumentality (whether domestic or international and whether federal, state or local, or the international equivalent thereof), or any other cause of any nature whatsoever beyond the control of the City, which was not avoidable in the exercise of reasonable care and foresight. (i)The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the Parties than the other. (j)This Agreement does not and shall not be construed to make any officer or employee of City an officer or employee of the Village for any purpose whatsoever, nor any officer or employee of the Village an officer or employee of City for any purposes whatsoever. Neither Party is authorized to make or enter into any contract, agreement, or warranty for or on behalf of the other, unless the parties to this Agreement have entered into a written agreement expressly authorizing such. 76 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)9 (k)Neither City nor Village intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. (l)Each requirement, duty, and obligation set forth herein was bargained for at arm’s-length. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term. Any Party’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. (m)This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same Agreement. (Signatures on Following Page) 77 ILA-Fire Rescue Services Boynton Beach – Golf (SRW 8.8.24)10 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Boynton Beach, Florida ATTEST: _________________________By: _________________________________ City Clerk Ty Penserga, Mayor Date: _________________________________ Approved as to Form and Legal Sufficiency: By:________________________ Shawna G. Lamb, City Attorney Village of Golf, Florida ATTEST: _________________________By: _________________________________ Village Clerk Peter B. Hamilton, Mayor Date: _________________________________ Approved as to Form and Legal Sufficiency: By:________________________ Claudia McKenna, Village Attorney 78 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 08/20/2024 Meeting Date: 08/20/2024 Commission Meeting Minutes. Requested Action: Approve minutes from the July 8, 10, and 11, 2024 City Commission Budget Workshop Meetings. Explanation of Request: The City Commission met on July 8, 10, and 11 , 2024, an d minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 07-08-2024 CC Workshop Minutes.docx 79 Minutes of the City Commission Special Meeting & Budget Workshops Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Monday, July 8, 2024, at 10:00 A.M. On Wednesday, July 10, 2024 at 6:00 P.M. On Thursday, July 11, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Aimee Kelley Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk 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 10:00 A.M. Roll Call City Clerk Maylee De Jesús 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 Mayor Ty Penserga The Pledge of Allegiance was led by Mayor Penserga. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Turkin asked if there was a pulse check with all of the fund balances in the City, referring to the investment portfolio. City Manager Dugger said that they could present those numbers. He also stated that the budget book has a Scrivener’s errors, that would be fixed. 2. Adoption Motion: Commissioner Turkin moved to approve the agenda. Commissioner Cruz seconded the 80 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 motion. The motion passed unanimously. 2.Consent Agenda A.Proposed Resolution No. R24-140- Approving and authorizing the Mayor to sign the Mural License Agreement with the property owner James Kent McMillan for the property located at 1105 N. Federal Highway for the installation of a mural as part of the Unity Project. B.Proposed Resolution No. R24-141- Approve and authorize the City Manager to sign a temporary construction easement (TCE 308 Woolbright Road) between the City of Boynton Beach "grantor" and Palm Beach County (grantee) for Woolbright Road improvements project. C.Proposed Resolution No. R24-142- Approve and authorize the City Manager to sign a permanent easement (PE 208 Woolbright Road) between the City of Boynton Beach "grantor" and Palm Beach County (grantee) for Woolbright Road improvements project. D.Proposed Resolution No. R24-143- approving the Contingent Settlement Agreement and Release totaling $119,450.67 in the matter of Anthony Verrigni v. City of Boynton Beach and Commercial Risk Management, Inc., and authorizes counsel for the City to execute the Conditional Settlement Agreement on behalf of the City and submit it to the Judge of Compensation Claims for approval. E.Proposed Resolution No. R24-147- Ratify and authorize work experience opportunity for students enrolled in the Project Next program at Palm Beach School for Autism. F.Commission Meeting Minutes. Motion: Commissioner Cruz moved to approve the consent agenda. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 3.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-144- Approve Bid #WH24-049 for the Annual Supply of Miscellaneous Uniforms, including Embroidery and Silk Screening to the following four (4) vendors: Empire Printing LLC, Pride Enterprises, SP Designs & Manufacturing Inc., and The T-Shirt Guy, with an annual expenditure not to exceed $110,000. B.Proposed Resolution No. R24-145- Approve the replacement of unit 864 for the Fire Department, that is scheduled in the FY2023/2024 budget, by utilizing 81 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 the HGACBuy Contract AM10-23, for an estimated total amount of $498,412, plus a contingency of twenty-two percent (22%) for vehicle increases, should this unit no longer be available and a new model being delivered. C.Proposed Resolution No. R24-146- Approve an increase to the annual expenditure with Trane U.S. Inc. in the amount not to exceed $450,000 for FY 2023-24 and thereafter, not to exceed $275,000 annually for the term of the contract for HVAC products, installation, labor-based solutions, and related products and services. Motion: Vice Mayor Kelley moved to approve the consent bids and purchases over $100,000. Commissioner Cruz seconded the motion. The motion passed unanimously. 4.Budget Workshop A.Budget Overview City Manager Dugger thanked staff for working on the budget. He apologized that the Commissioners received their budget book late. He explained the following: the ad valorem taxes and the decreases from last year; the general fund; unfunded liabilities from the Pension Fund; FTE requests; and decrease overall with all of the funds, encompassing the entire City. Anthony Davidson, Interim Finance Director, spoke about the following regarding the FY 24/25 Budget: FY 2024-25 Budget Hearing/adoption schedule; purpose of budget workshop; and budget workshop- general fund revenue highlights. Mayor Penserga asked if projections for states tax revenues is historical. Mr. Davidson said that they are based on a 3-year average trend analysis. Mayor Penserga stated that there were additional buffers passed last year, and he wanted to make sure that we are still on track on meeting those goals. Mr. Davidson said that there is a slide addressing the recommendation, noting that we have exceeded the expectations. He continued his presentation and reviewed the general fund expenditure highlights. Commissioner Turkin asked about the previous slide and whether we forecasted the millage rate, in case they would like to lower the millage rate. Mr. Davidson responded yes and indicated a spreadsheet was available with the numbers. 82 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Hay asked about the expenditure, if the increase is salary or benefits. Mr. Davidson stated that it encompasses everything. He continued his presentation and explained the general fund balance update. Mayor Penserga stated that his question was regarding long term targeting, and if there were targets, we were supposed to hit. City Manager Dugger explained that the targets were designed to bring us to our current position. He discussed the percentages and progress, indicating that we are on track to achieving financial stability. He emphasized that our financial situation is better than it has been in recent years and mentioned additional savings, due to health benefits. Commissioner Turkin asked if we are on target because of the Davenport Report. City Manager Dugger affirmed and agreed to send the report to the City Commission. Mr. Davidson continued his presentation and addressed the General Fund FTE count with other funds. City Manager Dugger spoke about the funds and the school zone cameras. Mayor Penserga asked if the number of FTEs are changing. Mr. Davidson said that it is just a shift. He continued his presentation as follows: Budgeted FY 24-25 COLA and personnel adjustments. City Manager Dugger stated that they are working with the CRA about the five Clean and Safe City FTE positions, which will be a cost savings for the City. Mr. Davidson continued and reviewed the General Fund: two-year comparison of departments budgets. Commissioner Hay stated that he is concerned about the CIP and said that he would like that addressed. Commissioner Cruz thanked all of the staff that worked on this budget. She asked for an update on staffing for the Finance Department. City Manager Dugger introduced the three staff members, Tony, Fabio, and Sofia, that have been working on the budget. 83 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Cruz said that one thing that is important to look at is everything that was approved for certain projects, to know where we are at, and in regard to staffing that was added last fiscal year. Mayor Penserga recommended that each department present any new positions, as they speak about their departments. Commissioner Cruz inquired about certain positions that were approved last year and whether they have been filled. She also expressed interest in updates on other items that were approved during the same period. Vice Mayor Kelley requested updates from each department on whether specific positions had been filled. She emphasized the importance of reviewing the CIP, to ensure that completed projects are properly prioritized and to differentiate between short-term and long-term projects. Mayor Penserga asked the Commissioners to inform staff if there are any items not on the agenda that they would like to discuss, so that the staff can be prepared. Commissioner Turkin requested an update on the status of various funds to understand which projects have been executed and which remain pending, in order to prioritize future projects effectively. Mayor Penserga requested an update on the American Rescue Plan Act (ARPA) funds. Mr. Davidson continued his presentation with an overview of all fund appropriation summary. Mayor Penserga inquired about how the gap is being addressed in the current budget. Mr. Davidson explained that the gap is generally filled through the CIP, and discussed the sources of the differences. He also provided an update on the millage rate, indicating no change is being proposed from the current 7.8500 mills. He stated that the rollback rate is 7.4229 mills. Commissioner Turkin asked if there was a consensus to consider decreasing the millage rate. Commissioner Hay expressed interest in seeing the impact of a potential decrease in the millage rate. Mr. Davidson elaborated on the implications of changing the millage rate, noting that a decrease of 0.05 would result in a $650K reduction in the budget. 84 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Hay discussed the rollback rate and suggested that there is room to adjust the millage rate, proposing a millage rate of 7.8 mills. Vice Mayor Kelley requested that Mr. Davidson return with detailed figures and information on the changes to the millage rate. Commissioner Cruz suggested that it would be appropriate to review millage rate changes after all departmental updates have been heard. Mayor Penserga asked about the traffic safety fund, highlighting the significant difference in the figures. Assistant Chief Zeller addressed the 103 account, explaining that it is funded through the redlight camera program and that the funds must be used for Police initiatives. Mayor Penserga questioned whether the increase in the fund was due to rising traffic volumes. City Manager Dugger explained that they examined data from other cities that have implemented school zone cameras and made projections accordingly. He also mentioned that other municipalities have requests for proposals for this project. Commissioner Turkin asked if some of the expenditures were forecasted to decrease year over year, noting that such a trend should be expected. City Manager Dugger confirmed that even with conservative estimates, they projected a tapering of costs. He also discussed the Police Impact Fee, its fiscal impact, and its uses, such as training for crossing guards, highlighting the significant costs associated with this training. Vice Mayor Kelley asked if we are going to talk about this later, because this is a program she has been talking about. She suggested that the Crossing Guard Program needs to be enhanced. City Manager Dugger discussed the current staffing arrangements for school zones and noted that the majority of the revenue is allocated to this fund. Commissioner Hay asked how long the system will be tested before it is fully implemented. Assistant Chief Zeller responded that the testing period will last 30 days. Commissioner Hay expressed concerns about seeing City vehicles speeding through school zones. 85 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 City Attorney Lamb indicated that she has the list of schools that will be included in the program. Mayor Penserga inquired about the ADA and inclusion positions. Mr. Davidson explained that these positions have been moved to the HR Department from the previous department. City Attorney Lamb mentioned that Risk Management is now under the Legal Department, which required adjustments to the budget. Commissioner Cruz asked if the Risk Management budget had been integrated into the City Attorney's budget, as she had requested. City Attorney Lamb elaborated on the various budgets within the City Attorney's Office and Risk Management, and discussed the new positions being hired for. Commissioner Cruz highlighted the Attorney fees previously paid for risk management and requested that these fees be included in the City Attorney's budget moving forward. Mayor Penserga asserted that all legal matters should be managed under the Legal Department and asked when the Fire Assessment Fee discussion would take place. Chief Bruder stated that he is prepared to present on the Fire Assessment Fee whenever the discussion is scheduled. City Attorney Lamb also provided details on the schools that will be part of the school zone program. B.Department Budget Presentations 1. Police Department Assistant Chief Zeller thanked Ms. Stuart for helping out with the Police Department Budget. He spoke about the budget as follows: proposed budget; highlighted changes; and highlighted changes- Police Department/Support Services (3% increase). Mayor Penserga asked about dispatch and what they can do to support them. Assistant Chief Zeller stated that the Commissioners have supported them, by increasing pays, and being able to give them the resources that they needed. He mentioned that HR and leadership in the department has helped. 86 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 He continued with his presentation as follows: Proposed Budget- Red light camera; and highlighted changes- Police Department/Red light camera (190.9% increase). Commissioner Hay asked about the 190.9 % increase. Assistant Chief Zeller responded that it is primarily personnel costs. He continued the presentation and reviewed successes, challenges, and initiatives for FY 2025. Vice Mayor Kelley stated that Commissioner Turkin mentioned at the June 18th meeting that he would like to have staffing for the real time crime center included in the budget and reminded staff about his request. Mayor Penserga stated that he has had similar questions about this too. Assistant Chief Zeller said that the center is a work in progress, and that they do have a full-time employee for this center. He stated that he would like to have this running 24/7, and they would like to have more FTEs for this. Mayor Penserga asked what needs to be done to have this fully functioning. Assistant Chief Zeller spoke about the different parts of the crime center that need to be worked on, to get it up and running. He said that they should have it up to about 78% functional in 30 days and they are working on getting it fully functioning. Mayor Penserga reiterated that once they get through the technical part, they will get more FTEs. Assistant Chief Zeller agreed. Commissioner Hay asked how many people they need for this to be fully functioning. Assistant Chief Zeller said that it would be 4 FTEs, for this to be fully functioning. Commissioner Hay stated that the school cameras will be additional to the red-light cameras and if they will complement each other to cover more areas. Assistant Chief Zeller explained the difference with the cameras and said that they will complement each other. Commissioner Hay asked if the cameras would increase or decrease the need for the crossing guards. Assistant Chief Zeller stated that this has no impact on the crossing guards and said that he will take as many crossing guards as he can get. 87 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Hay asked what the problem is with getting enough guards. Assistant Chief Zeller discussed the 3rd party vendor that hires the guards, and what they are doing to help this issue. Commissioner Turkin asked how long the real time crime center has been operable. Assistant Chief Zeller stated about 4 years, and it has been fully staffed for the past 3 months. Commissioner Turkin asked about comparison to other municipalities and what they do. Assistant Chief Zeller explained what the real time crime center is for, and what it will look like fully functioning, on a day-to-day basis. There was discussion regarding the cameras and what they help with; renovations for the real time crime center; proposed cost for renovation; and having a mid-year amendment to get this fully staffed. City Manager Dugger stated that the budget amendment would not be a problem. He said that this Commission has by far been the best Board to help the Police Department and safety. He spoke about what will be affected and what the need will be for this. Commissioner Turkin stated that in a perfect world, he would like to have this fully functional and staffed. There was further discussion regarding the following: real time crime center training; time to get them fully staffed and functional and not procrastinate hiring people; funding the positions from different funds; and revisiting this on Wednesday, with additional information. Commissioner Cruz stated that she would like to look into the local option gas tax. She explained its potential uses and discussed the historical allocations and expenses for the City. She emphasized the need to examine both operating and non-operating expenses related to this tax. She expressed a desire to review how the funds have been utilized and whether any allocations have been made for cleaning up the City. City Manager Dugger spoke about the transfer of the money to the general fund, and what the money is used for under that fund. He asked if Commissioner Cruz wants an itemized discussion on where the money is spent. Commissioner Cruz said yes, she would like to see where the money is being spent and if it is being reflected in the current budget. 88 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Turkin stated that he asked for the CIP projects for the last 3 years, holistically. City Manager Dugger stated that he would like to remind the Commissioners that the penny tax is going away and we will have less money for projects in coming years. Commissioner Turkin reiterated what he would like to see regarding CIP projects and what has and has not been completed. Commissioner Hay stated that he would like to see where we are at with the cemetery update, so that we can budget for it this year. Mayor Penserga reiterated that he would like to see a brief overview of their debt. The City Commission recessed at 12:03 P.M. The City Commission reconvened at 1:09 P.M. 2. Fire Department Chief Bruder emphasized the importance of fostering strong relationships between departments. He mentioned that the dispatch center, which is located in his building, consists of a dedicated team, and he is pleased that they will be moving Dispatch into the Emergency Operations Center (EOC). He highlighted that his team constantly applies for every grant opportunity available to them. He commented on the upcoming contract renewals with various cities, and noted that they will be terminating the current contract with the Village of Golf early and will enter into a new contract at a higher cost. He spoke about the Fire Department budget as follows: proposed budget; highlighted changes- Fire Rescue (16.6% Increase, $5,301,690) and Emergency Management- EOC (5.8% increase $1,756); FY 2023/24 Accomplishments; FY 24/25 Goals; and questions. Mayor Penserga thanked Chief Bruder for his presentation. He asked about the EOC and what are their long-term plans. He stated that he wants to make sure that they are prepared for any kind of disaster. Chief Bruder emphasized the need to be prepared for any situation, particularly in areas that are prone to flooding. He assured that from a staff and facility perspective, they are well-prepared, but pointed out that their technology is about 20 years outdated. He mentioned that upgrading the technology is a crucial part of the EOC refurbishment for efficiency. He also stated that they will be upgrading the technology for the Police Department, as the Police Department will be housed in their building, in case of an emergency. 89 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Mayor Penserga stated that in the event of an emergency, no one would criticize spending on preparedness. He assured that if the Fire Department needs anything, they have his full support. Chief Bruder stated that they will buy what they need to support the mission. Commissioner Cruz commended Chief Bruder and his team for their presentation, and saving the City money. She thanked him for restarting the CERT program and the accreditation that they are working on, to help the residents save money. Chief Bruder stated that they love what they do. Vice Mayor asked about the logistics coordinator position not yet filled and the impact. Chief Bruder compared what the other local municipalities have for FTEs. He spoke about analyzing what we have and what we need and see if it is fiscally responsible to get what we need and do it right. Vice Mayor Kelley stated that adding this position ensures that staff is ready and has the resources they need. She emphasized the importance of being aware of future needs so that they can plan accordingly. She also mentioned the need to upgrade the handhelds and asked about their life expectancy. Chief Bruder stated that they will be good for 10 years. Commissioner Hay thanked Chief Bruder, and asked for clarification on what is impeding them from doing the job that they need to do. Chief spoke about the ISO review that they had, that they worked with Dr. Kalkat on. He explained what the ISO review is about and how the fire hydrants are tested, and what they are tested on. Commissioner Hay asked why the false alarm charges are being increased. Chief Bruder explained that they are not seeing an increase in the number of false alarms, but there is a more efficiency in billing the false alarm fees. Commissioner Hay stated that he brought it up because he would get false alarm calls from his church at all hours of the day and wanted to know how to get his name off the list. Chief Bruder mentioned how this is something that happens often and they get caught in the middle of who is responsible, but they just want the alarms to be fixed. 90 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Turkin asked about vacancies. Chief Bruder stated that they have three open positions currently, and they will be opening the positions up as needed. He said that when they come into our City, they have to go through our in-house academy. Commissioner Turkin spoke about the cost of two of the positions that the Chief spoke about. Chief Bruder spoke about our logistics coordinator and renewals with other municipalities that will save us money. He stated that the $30K in revenue from the Village of Golf is not counted in the budget yet. City Manager Dugger spoke about going over the contracts that they have with other municipalities and how he worked on getting those updated. Mayor Penserga spoke about electric vehicles on the rise, and if there is an electric vehicle fire, if they have factored in the cleaning these up and cost recovery. Chief Bruder spoke about not billing when they are responding on I-95, and how they can bill for those items. He spoke about how costly it can be responding to calls. Vice Mayor Kelley asked about property damage and if we are now trying to figure out how to recover costs. Chief Bruder stated that staff has been working on recovering costs from the county. Vice Mayor Kelley mentioned that she is glad we are looking at how we can recover cost, because the county gets reimbursed, so we should be too. Mayor Penserga spoke about prefunding vehicles. Chief Bruder stated that we have been able to get the Fire Department to where it needs to be, and we need to have growth and maintain infrastructure. Chief Bruder spoke about the following regarding the Fire Assessment as follows: why the need for a fire assessment fee; projected capital improvement- using proposed fire assessment increase; proposed increase- $25 annually- approximately $2.08 per month/per household; why $25; fire assessment fee comparison by municipality; and questions. Commissioner Turkin noted that the fee was intended to sunset at some point and pointed out that the County's millage rate is significantly lower than their own. He emphasized the urgent need to replace Fire Station #3 and expressed his commitment to ensuring that 91 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 the employees at that station have everything they need. He inquired about the possibility of tying additional fees to specific projects and then reducing those fees once the projects are completed. He stressed that he does not want this to become a continuous method of increasing fees. City Attorney Lamb stated that even if a fee is supposed to sunset, the Commission at the time can extend it. Chief Bruder emphasized the importance of understanding where all the fees are going. He mentioned that they do not want to be in a position where they have to lay off Firefighters. Commissioner Turkin acknowledged the tough situation and stated that he would need to see a decrease in the millage rate in order to support an increase in fees. Chief Bruder suggested that there might be a future mechanism to assist with funding. Commissioner Turkin appreciated the presentation and the clarity on where the fees would be allocated. Further discussion ensued regarding exemptions, rate per square foot, and how the millage rate relates to the population. City Attorney Lamb noted that the Commission has to vote on this every year. Commissioner Hay expressed tentative support, acknowledging the decrease in response time that the fee has already facilitated. He asked if Fire Station #3 needs to be completely torn down. Chief Bruder confirmed that it does. Commissioner Hay commented on his desire to move forward and not remain stagnant. He emphasized that the City must pay for its services and that the benefits enjoyed in the municipality come at a cost. He highlighted that they are a full-service City and do not outsource services. Chief Bruder stated that he would like the Attorneys to review the feasibility of implementing a per square footage rate, as he is unsure if it is statutorily allowed. He suggested looking into this for the following fiscal year, not the upcoming one. Vice Mayor Kelley noted that the ability to assess fees on a yearly basis has both advantages and disadvantages. She discussed the issue of prefunding. Chief Bruder emphasized their obligation to be transparent. 92 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 City Attorney Lamb noted that the ordinance requires a study to change the methodology of charges. Commissioner Cruz stated that she would support an increase, despite her previous opposition. She mentioned that her constituents have expressed support for some kind of Public Safety bond and acknowledged the value of the increase. Chief Bruder expressed appreciation for their willingness to consider the increase. Commissioner Cruz added that if they change the way they charge, they must ensure that they can measure the fees accurately. Chief Bruder stated that they would absolutely consider any alternate methods of addressing the issue. The City Commission recessed at 3:11 P.M. The City Commission reconvened at 3:31 P.M. 3. Recreation & Cultural Services Department Mr. Craig Clark, Director of Recreation and Cultural Services, presented the following: proposed budget; highlighting changes in Recreation & Cultural Services; various initiatives; and opened the floor for questions. Mayor Penserga expressed interest in hearing from the revenue-generating divisions. Vice Mayor Kelley shared her recent conversation with the Golf Manager about integrating the Summer Camp Program with the golf course and other City locations. She expressed excitement about the changes and the integration of City programs. Ms. Kelly Armstead, Division Director Arts & Cultural Center, presented the following: the proposed budget; highlighted changes at the Arts & Cultural Center and Historic Woman's Club; successes, challenges, and initiatives; and questions. Vice Mayor Kelley emphasized the need for updates at the Woman's Club and reminded everyone that the CRA could assist with the renovations. She inquired about the Kinetic Event and its departmental responsibilities. Mr. Clark explained that the Kinetic Event is organized by the Events Department and is split between the Planning and Development Department and Recreation and Parks. Commissioner Turkin asked if the salsa lessons are open to the public. 93 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Ms. Armstead confirmed that they are open to all levels and mentioned the increase in rentals and bookings for the facilities, highlighting reservations extending to 2026. She noted their presence on Wedding Wire and The Knot over the past 2-3 months. Mr. Clark added that the Cultural Center has already surpassed revenue from the previous year. Commissioner Turkin praised the revenue increase and emphasized the importance of believing in such initiatives. Vice Mayor Kelley discussed the ongoing renovations at the Cultural Center. Commissioner Hay inquired about the percentage of the overall budget allocated to Arts and Culture. Mr. Clark explained that the divisions have been reallocated across different departments, making it difficult to pinpoint the exact percentage. Kathryn Matos, Assistant City Manager, stated that Arts and Cultural constitute about 5% of the overall budget, with no additional costs or FTEs. Mayor Penserga commended the team for their great work. Gabriella Favitta, Events Director, presented the following: proposed Events budget; significant changes; FY 2023-2024; and proposed event costs. Commissioner Turkin remarked that he does not see the necessity of covering the League of Cities Meeting and praised the team for their work on sponsorships and including actual costs. Ms. Favitta explained that they have added events and reallocated costs. Commissioner Hay disagreed with Commissioner Turkin about the League of Cities, citing its benefits for the City. He inquired about the increased cost of Pirate Fest. Ms. Favitta clarified the budgeted and non-budgeted expenses through the City and CRA. Commissioner Hay suggested creating a calendar of events to avoid conflicts and shared a personal concern about a house fire near his home. He also praised the positive feedback regarding the 4th of July event. Ms. Favitta confirmed that a calendar of events will be distributed once approved and noted that they often compete with other municipalities for vendors. 94 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Vice Mayor Kelley commended the team for their great work and emphasized the importance of the League of Cities, asking how it is always budgeted. Ms. Favitta explained that it was previously included in the City Hall budget and has now been moved to the Events Budget. Commissioner Turkin agreed with Commissioner Hay about the fireworks but raised a concern about using taxpayer dollars for an event not open to residents, like the League of Cities. Commissioner Hay stated that attending the League of Cities events is similar to participating in training and conferences, and it represents an investment on the City's part. Commissioner Cruz expressed her support for the League of Cities luncheons and questioned if this is the correct fund to cover such an event. She thanked Ms. Favitta and her staff for their efforts and noted that the 4th of July event was one of the best she has ever attended. City Manager Dugger inquired about exclusivity events. City Attorney Lamb explained that the approach to exclusivity events would depend on the policy preferences of the Commission. Vice Mayor Kelley noted that they have been budgeting for these events for years and suggested that a policy change should not be driven by this budget discussion. Bo Preston, Golf Course Manager, discussed the following: history of the Golf Course and presented the proposed budget; highlighted significant increases in Golf Course/Administration (35.6%) and Golf Course/Maintenance (38.5%); successes, challenges, and initiatives; and questions. Commissioner Cruz inquired about charges for no-shows. Mr. Preston explained that charges are only applied if there is a credit card on file. He discussed the challenges of implementing charges for no-shows. Commissioner Cruz also asked about the snack bar rental, the new vendor in that space, and an update on the kitchen. Mr. Preston detailed the upgrades made, including what was covered by the City and what was paid for. He mentioned that furniture has not been prioritized due to other issues, but hopes to acquire new furniture soon. 95 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Vice Mayor Kelley noted that the vendor for the anniversary party was excellent. Mr. Preston confirmed that the vendor has improved and is now paying rent. Vice Mayor discussed the Golf Course upgrades and collaboration with Parks and Recreation. Commissioner Hay mentioned plans to visit the Golf Course and asked if there is a method to prevent utility break-ins. City Manager Dugger assured that there are layers of security to prevent breaches. Commissioner Turkin commented that the Golf Course looks much improved, but still has room for growth. He praised the Veteran’s Program and inquired about additional FTE positions. Mr. Preston spoke about his staff, customer service, and the balance between FTEs and part-time workers. City Manager Dugger mentioned that the evening budget meetings on Wednesday and Thursday night require either cutting down on department presentations or extending budget workshop days. Mayor Penserga expressed a preference against extending the meeting and suggested that the next two days should suffice, pending further information after the next meeting. Commissioner Cruz recommended assessing the situation as it progresses. Vice Mayor Kelley agreed with not extending the meeting, noting that the larger budgets were discussed this morning. Commissioner Hay expressed his desire to avoid extending beyond the three days or going later today, suggesting cuts to some department presentations. Commissioner Turkin indicated readiness to start on the Library. There was consensus to focus on revenue-generating departments, specifically Recreation and Parks, before moving to Public Comments. Mr. Fabien Desrouleaux presented on Recreation and Parks as follows: covering the proposed budget and changes; Recreation General Fund (17.3% decrease); Recreation Program Revenue Fund (31.5% decrease); Parking Service Division (18.5% increase); 96 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 and Park Impact Fund (0% change); successes, challenges, and initiatives; and questions. Mayor Penserga welcomed Mr. Desrouleaux and inquired about the Tennis Center, specifically if it is included in the proposed budget. Mr. Desrouleaux confirmed that the Tennis Center is included, although additional staff may be needed to provide desired services. He noted that an ADA position would be moved to HR, with potential new positions being considered. Discussion followed on staffing needs for the Tennis Center and other Recreation and Parks positions, considering whether to have one full-time staff member instead of two part-timers or a combination of both. There were also discussions on communication with the Tennis Center, increasing facility use by residents, and partnerships with organizations such as the Bulldogs, Miami Dolphins, and Lamar Jackson Foundation. Mr. Desrouleaux noted that the concession stand will not be ready for this weekend. He also discussed Tennis Center positions. Ms. Matos Kathryn thanked Mr. Clark and all of the departments that fall under him. C.Capital Improvement Presentations D.Solid Waste Fund E.Utility Fund F.Other Funds (SHIP, CDBG, ETC.) Items 4C-4F were not discussed during the July 8, 2024 workshop. 5. Public Audience Mayor Penserga opened to Public Comment. Barbara Ready asked why engineering has gone up 148% and why the pie chart totals 105%, and why the Arts and Cultural has gone up so much too. She mentioned that it would be nice to have a Historic Preservation Planner and an Arts Director. She commented that the Little League team is not listed as a success or a challenge. She said that good things happen that are arts and cultural too. Virtual Comments: Mike Taylor from Port St. Lucie, spoke about the panhandling ordinance, and about the first amendment and freedom of speech; a direct violation and first amendment rights; and about his YouTube channel. 97 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 6. Other A. Proposed Resolution No. R24-148- A Resolution of the City of Boynton Beach, Florida, adopting a Proposed Municipal Millage Rate for General Operating Budget purposes for Fiscal Year 2024-2025, stating a rolled- back rate, and setting the date, time and place of the first public hearing; providing for an effective date. B.Proposed Resolution No. R24-149- A Resolution of the City Commission of the City of Boynton Beach, Florida, relating to the provision of Fire Rescue Services, Facilities, and Programs in the City of Boynton Beach, Florida; describing the method of assessing Fire Rescue assessed costs against assessed property located within the City of Boynton Beach; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof; and providing an effective date. Items 6A and 6B were not discussed during the July 8, 2024 workshop. 7. Adjournment Vice Mayor Kelley asked if staff wants us to review what are the musts and reprioritize what is important. She mentioned that we should speak about it now, for the future meetings. City Manager Dugger stated that the Commission can send him a list of their priority and they can make the changes for the next meeting. Mayor Penserga stated that we will recess until Wednesday. There being no further business to discuss, the meeting was adjourned at approximately 6:00 P.M. The Boynton Beach Workshop and Special Commission meeting reconvened on Wednesday, July 10, 2024 at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Aimee Kelley Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Woodrow L. Hay Commissioner Thomas Turkin 1. Openings A.Call to Order - Mayor Ty Penserga 98 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesús called the roll. A quorum was present. Agenda Approval Mayor Penserga mentioned that there were some requests for reordering specific departments to present. Commissioner Hay asked for comments to be quick and short. Vice Mayor Kelley said that she would like to ask to move up utilities and solid waste, to hear those presentations first from outside vendors. Mayor Penserga asked to have them moved before Planning & Zoning. Commissioner Cruz asked to add a brief discussion regarding the gas tax fund. Mayor Penserga added it as Item 4F. He stated that the cemetery fund was requested by Commissioner Hay, and the investment funds would be added under Item 4F as well. Motion: Commissioner Cruz moved to approve the agenda, as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously. The agenda began with Item 4D. 4. Budget Workshop D. Solid Waste Fund Ms. Annalie Holmes, Deputy Director of Public Works, spoke about the following: solid waste proposed budget; highlighted changes; challenges; successes; and initiatives. Mr. Ryan Smith, Rate Consultant, presented the solid waste rate study as follows: study purpose; goals- financial forecast; 5-year financial forecast (revenues vs expenses); rate design analysis; rate design (cost of service analysis); recommendations; historical residential rates vs inflation; rate comparison- residential service; roll-off container comparison; and questions. 99 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Cruz mentioned that she had spoken to staff prior to the meeting and had no additional questions. Vice Mayor Kelley thanked Mr. Smith for his presentation, emphasizing the importance of staying on track and managing expenses effectively. Commissioner Hay inquired about the lifespan of the trucks under normal conditions. Ms. Holmes replied that trucks can last up to 10 years, but it is recommended to replace them every 5 years. Commissioner Hay also asked if there are any special measures being taken to collect uncollectible accounts. Ms. Holmes responded that there are no special measures currently in place. E. Utility Fund Dr. Poonam Kalkat, Utilities Director, spoke about the Utilities Department as follows: utilities proposed budget; utilities proposed budget- primary increase drivers; proposed budget; and successes- operational. Mayor Penserga asked what is required to get us to class 4. Dr. Kalkat stated that we looked at the CRS Program, and there are two things there that will give us enough points to get us to Class 4, which she reviewed. She said that it is really hard for the State of Florida to get to the top score because we are coastal. She continued her presentation as follows: successes- operational; initiatives- operational; credit to Erin Dunn for collection of the utilities bills that are uncollectable; initiatives- sustainability and resilience; and FY25 rate change-recommendations. Mr. Smith spoke about the following regarding Rate Structure Revisions: purpose and recommendations; alternative water commodity tiers; alternative water commodity tiers- commercial impact; revised tiers- residential impact; residential wastewater billing cap; miscellaneous fees; residential bill comparison; estimate annual revenue impact; and questions. Vice Mayor Kelley thanked staff for the rate study, emphasizing the need to avoid deferring rate increases too far into the future, which could result in larger adjustments later. She inquired about connection fees and whether they apply to new accounts. Dr. Kalkat confirmed that the fees are for new accounts. 100 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Cruz requested an inventory of all current water meters that might not be functioning properly. She noted that residents with broken meters receive the same treatment as those with working meters and asked how long it would take to compile this inventory. Dr. Kalkat responded that the inventory could be completed within the next few weeks. Commissioner Cruz expressed concern about increasing charges for Tier 1 customers, as this could impact families significantly. She suggested keeping Tier 1 at 9,000 gallons. Dr. Kalkat clarified that the proposed changes involve adjusting the gallon thresholds, not increasing rates for each tier, and said that this adjustment could be implemented. Mr. Smith explained the rationale for setting the top of Tier 1 at 7,000 gallons and discussed the financial impact, noting that most families would be below this threshold. Dr. Kalkat added that high consumption typically comes from irrigation and pool filling rather than regular household use. Commissioner Cruz reiterated her preference to maintain the current Tier 1 level while adjusting other rates. Mayor Penserga agreed and expressed interest in reviewing those rates as well. Commissioner Turkin thanked staff for their presentation and expressed appreciation for the zero-based budgeting approach. Mayor Penserga noted that they would return to agenda Item 4B. B. Department Budget Presentations Planning and Development Amanda Radigan, Planning and Development Director, spoke about the following: department organization; proposed budget revenue; proposed budget expenditures; highlighted changes; successes; challenges; initiatives; and questions. Commissioner Turkin thanked Ms. Radigan for her presentation. He expressed support for the Community Development Block Grant (CDBG) request, noting its unique benefits for the community and was pleased to see the inclusion of a public art component. He inquired whether the $500K art impact fee had recently increased to support smaller businesses. 101 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Ms. Radigan confirmed that it had, and mentioned that they are planning on further steps to support smaller businesses. Commissioner Hay asked if there is a cap on public art funding. Ms. Radigan stated that the cap is set at $1M and discussed the need for potential changes to the ordinance. She highlighted the necessity of developing a comprehensive plan for public art to align with the Commission's vision and ensure that the ordinance reflects this plan. Vice Mayor Kelley inquired about the management of historic properties and whether the planner is expected to oversee these properties. Ms. Radigan explained that they previously had a dedicated Historic Preservation Planner, which has now been integrated into the role of a general planner. She noted that the principal planner currently leads the historic board and is maintaining certification. They are also onboarding someone with experience in both historic planning and public art, to address both areas effectively. Commissioner Cruz thanked Ms. Radigan for her presentation. Building Department John Kuntzman, Building Official, spoke about the following: proposed budget revenues; proposed budget expenditures; highlighted changes; Building Department Special Fund; successes; challenges; initiatives; and questions. Commissioner Hay inquired about the biggest challenge in his department. Mr. Kuntzman responded that personnel is the main challenge, as it is difficult to attract certified inspectors and planners due to competition from private companies. He noted that there are currently two positions open and that they are exploring unconventional solutions, such as hiring contractors trained to be planners. Commissioner Hay asked for a timeline for the permit process. Mr. Kuntzman stated that their turnaround time for permits is 10-15 days. Vice Mayor Kelley thanked Mr. Kuntzman and his department, noting a decrease in issues related to permitting. She highlighted the effectiveness of their intake staff in assisting customers through the process. Commissioner Cruz also expressed gratitude to Mr. Kuntzman and his team for their outreach to the public. 102 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Mayor Penserga noted that the meeting was scheduled to run until 8:00 P.M. City Manager Dugger mentioned that there are approximately 12 other departments that still need to present. He noted that Commissioner Kelley was interested in hearing about the CIP and other topics. Mayor Penserga asked for consensus on extending the meeting time. Commissioner Hay stated that he is comfortable staying until 8:30 P.M. There was consensus to extend the meeting until 8:30 P.M. Mayor Penserga mentioned that this extension should allow time to cover a few more departments. Community Standards Ms. Candice Stone, Community Standards Director, spoke about the following: proposed budget (revenues); proposed budget (expenditures); highlighted changes; challenges and successes; initiatives; and questions. There were no comments or questions from the City Commission. Public Works Mr. Kevin Ramsey, Interim Public Works Director, spoke about the following regarding public works budget: agenda; general fund- proposed budget; highlighted changes; facilities and infrastructure successes and challenges; facilities and infrastructure initiatives; parks and grounds successes and challenges; parks and grounds initiatives; beautification and streets successes and challenges; beautification and streets initiatives; fleet maintenance proposed budget (internal service fund); fleet maintenance proposed budget (internal service fund)highlighted changes; fleet maintenance proposed budget (internal service fund) successes and challenges; fleet maintenance proposed budget (internal service fund) initiatives; memorial park- cemetery/mausoleum proposed budget; memorial park-cemetery/mausoleum highlighted changes; memorial park- cemetery/mausoleum successes, challenges, and initiatives; and questions. Commissioner Turkin thanked Mr. Ramsey and said that we should do more community events throughout the City. He asked about plot charges and if the information could be sent to him. Mayor Penserga asked if there was anything else that could be discussed quickly. 103 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 F. Other Funds (SHIP, CDBG, ETC.) Deputy City Manager Mack stated that the discussion would include the local gas tax and investment fund. Mr. Davidson highlighted the local gas tax, explaining the current fund balance, annual receipts, and specific uses. He emphasized the restrictions on expenditures. He noted that Fund 302, the CIP, and most projects were being addressed by the Penny Tax, with a forthcoming SE 1st Street Project. Vice Mayor Kelley asked if funds retain their restrictions after transfer. Mr. Davidson confirmed that they do retain their restrictions. Commissioner Cruz explained that she requested this information to understand historical data and specific uses. She proposed funding four positions, two within the CRA District and two within the City, to focus on beautification. Mr. Davidson provided a spreadsheet breakdown of the Local Option Gas Tax usage. Commissioner Cruz asked if the SE 1st Street Project is scheduled for 2025. Mr. Davidson confirmed. Commissioner Cruz sought consensus regarding the additional positions. Mr. Mack explained that five positions were already proposed, with the additional positions Commissioner Cruz suggested. Commissioner Cruz elaborated on the proposed positions, emphasizing the need for focus on both the east and west sides of the City. Commissioner Turkin asked for clarification on adding positions for the beautification team and if the funding would come from the gas tax. He mentioned potential impacts on other projects. City Manager Dugger assured that additional positions for the beautification team would not affect other projects and explained the fiscal impact. Commissioner Turkin expressed support for the additional positions. Commissioner Cruz praised Mayor Penserga for initiating the beautification team, noting its alignment with the strategic plan and the benefit to all residents. 104 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Vice Mayor Kelley cautioned that adding more positions might be premature until the program is fully operational. Mayor Penserga acknowledged that this is an ongoing discussion 5. Public Audience Mayor Penserga opened Public Audience, and no one came forth to speak. He closed Public Audience. Mayor Penserga noted the meeting would continue on July 11, 2024 at 6:00 P.M. City Attorney Lamb asked for clarification on what agenda items were left. She noted the following: 302/303 funds; requested fund balance discussion capital improvement fund; millage rate and the fire rate resolutions investment fund; and SHIP/CDBG funds. Mayor Penserga stated that if they decide if there was a millage rate change, it would affect the total budget. City Attorney Lamb requested to have the time posted from 6:00-9:00 P.M. There was consensus to go longerm, if needed. There being no further business to discuss, the meeting was adjourned at approximately 8:24 P.M. The Boynton Beach Workshop and Special Commission meeting reconvened on Thursday, July 11, 2024 at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Aimee Kelley Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Woodrow L. Hay Commissioner Thomas Turkin 1. Openings A.Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:01 P.M. Roll Call 105 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 City Clerk Maylee De Jesús called the roll. A quorum was present. Agenda Approval Mayor Penserga requested any changes and priority to be covered. Commissioner Cruz stated that she does not want to add more things to the agenda, but would like to see the entire budget for the City Attorney's Office and Risk Management. Vice Mayor Kelley asked to talk about the Millage Rate 4A, before all other presentations because the slide presentation was cued up. Commissioner Turkin asked for clarification regarding the millage rate. Deputy City Manager Mack asked if they want to hear about the fund balance. Mayor Penserga and Commissioner Turkin stated that they do want to speak about the fund balance. City Manager Dugger stated that it is already listed. Motion: Commissioner Cruz moved to approve the agenda, as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously. The agenda began with Item 2A. 2. Budget Workshop A. Budget Overview City Manager Dugger spoke about the millage rate, mentioning that they went from 7.85% and considered other numbers, such as 7.8%, stating that the additional need would be $400K. Mayor Penserga asked for clarification about the $400K. City Manager Dugger explained that to balance the budget, an additional $400K, would be needed. He mentioned some other balances that could be adjusted and noted a Scrivener's error. He stated that he will be delivering a balanced budget and showed the difference. Commissioner Turkin stated that he agrees with the 7.8% that Commissioner Hay suggested. He mentioned that with all other increases they are possibly proposing, he would like to help the constituents by lowering the millage rate. 106 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Cruz stated that she is in favor of lowering the ad valorem taxes for the City and maintaining an equitable service. She mentioned that this is a reasonable break and a step in the right direction. She said that this would be the biggest tax cut that no other administration has done. Commissioner Kelley stated that she supports the change, and even though the residents won't really see a reduction, they are getting closer every year. She said that they do have to be mindful of everything costing more too. Mayor Penserga stated that he will support the recommendation to reduce. B. Department Budget Presentations Mr. Davidson spoke about the investment portfolio; covering cash and investment balances; portfolio allocation by asset class; and asset allocation compliance. Mayor Penserga asked about the decision-making process for these investments. Mr. Davidson stated that they have met with the investment advisors, Deep Blue, who usually call and recommend investments that they should consider. Mayor Penserga inquired about the involvement of the Pension Board. Mr. Davidson said that he is unsure of the Pension Board's specific involvement regarding the pension. Commissioner Turkin asked about the Israel Bond and mentioned that it was a decision made by the dais. Mr. Davidson confirmed that the Israel Bond was a recommendation from the dais. City Manager Dugger asked if those bonds have already matured. Mr. Davidson replied that he does not believe they have. City Manager Dugger stated that more due diligence is needed regarding investments and suggested having Deep Blue come in to do a presentation. Mayor Penserga mentioned that the average return they are getting is not bad, but he was curious if the advisors make recommendations. Mr. Davidson stated that he himself has made recommendations and that they are open to recommendations to maximize investments. C. Utility Fund 107 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Dr. Poonam Kalkat, Director of Utilities, spoke about FY 24-25 Capital Improvement program-total CIP (including multi-year projects)-$64,248,940. Mr. Keith Webber, Assistant Director of Engineering, spoke about the following: neighborhood projects- include water, wastewater & storm water infrastructure; and neighborhood multiyear projects- include water, wastewater & storm water infrastructure. Dr. Kalkat mentioned that when they do the projects, they look at the need for the area and they do risk analysis, to make it easier to decide which project is prioritized. She thanked her team for their work on these projects. Mr. Webber spoke about the Lakeside Gardens Improvement and Coquina Cove Drainage Improvement projects. Dr. Kalkat stated that they have been able to coordinate with FPL to have them pay for some projects, since they had work in that area. Mr. Webber spoke about the following: water supply and treatment projects; he mentioned that the road will still stay closed because the County is still working on their project; water supply and treatment projects; east water treatment plant- high service pump 5&6 improvements; wastewater collection system improvement projects; list station 410 and 414 force main extension; stormwater and drainage improvement projects; Chapel Hill Neighborhood Drainage Project; and studies and master planning. Dr. Kalkat spoke about the water treatment plant- emerging contaminant treatment options evaluation & design. Mayor Penserga asked if the contaminants include PFOS and PFAS. Dr. Kalkat stated yes, but also other contaminants that may be in the water, so that they can plan ahead for it. She spoke about the project and how it was initially identified as, and what they decided to do overall, to get the cost so that they can plan to pay for it. She spoke about working with other agencies to start working on the projects that they have in their plans. She further spoke about the CIP projects that are ongoing and planned. Mayor Penserga stated that we have an extension for the energy block grant, so we have more time. Commissioner Cruz thanked the Utilities staff, and she said that she is amazed at the number of projects that they have going on. She thanked them for being proactive and protecting the City from being hacked. Vice Mayor Kelley asked if Sea Meadows will resolve the issues. 108 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Mr. Webber responded yes, and explained what will be done on that project and how it will help. Dr. Kalkat further explained the issues that they come across when working on a project. Vice Mayor Kelley thanked her for jumping on this project and reducing the burden on the residents. She asked if the north is not having as many issues. Mr. Webber responded no they are not, that it is really the south side, which needs to be resolved immediately, before working on the North side. Commissioner Hay thanked them for their hard work. Commissioner Turkin said that he is speechless with all of the projects they have going on, and the way that they handle situations. He stated that the residents in Chapel Hill are extremely grateful for the project starting. Mayor Penserga asked for clarification on the Heart of Boynton. Mr. Webber explained the Heart of Boynton and what they need to have replaced and what is feasible. He spoke about what needs to be done for the grant. Dr. Kalkat further explained the grant and said that they do not know how much they are getting for this grant. Mayor Penserga asked if surface improvements are on hold as well. Mr. Webber responded yes, because they do n0t know where they have to open the road up, before they can fix it entirely. Mayor Penserga asked if there is anything they can do as a Board to support them. Dr. Kalkat said that they are on track, but they are just waiting on the State. Mayor Penserga asked about sensors and if they are incorporated in the budget. Dr. Kalkat stated that they have pressure sensors throughout the system, and they also have a leak detector, to help as well throughout the City. She said that they are trying to figure out which one would be the best way to go. D. Capital Improvement Presentations 109 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Mr. Kevin Ramsey, Interim Public Works Director, spoke about the capital improvement projects as follows: agenda; source of funding 303 fund- surtax, and 302 fund- general fund; proposed budget; general government projects; and recreation and parks projects. Mayor Penserga inquired about the timeline for the fencing project at Eco Park. Mr. Ramsey responded that funding is needed and estimated that the project could be completed by Thanksgiving. He also discussed ongoing Recreation and Parks Projects. Vice Mayor Kelley mentioned her proposal to engage FPL to add solar trees, which could provide shade either for free or at a discounted rate. Mayor Penserga sought clarification on the yellow blank columns in the project plan. Mr. Ramsey explained that these represent a five-year plan where funding is currently unavailable. He noted that the funding from the 303 surtax is ending, as the surtax is expiring. City Manager Dugger explained that the County is considering a referendum to renew the surtax, which would support infrastructure and transportation projects. Vice Mayor Kelley suggested exploring alternative funding sources, such as a sales tax to capture revenue from visitors, as a dedicated source for the City. City Attorney Lamb clarified that while the County can pursue such measures, municipalities cannot. She mentioned that she was not aware of any immediate actions the City could take but stated that she will investigate further. Mr. Ramsey spoke on Parks highlighted projects. Mayor Penserga asked if the plan is to leave the stilts in. City Manager Dugger stated that it will be determined by the DEP. Mr. Ramsey discussed the following: public safety projects; public safety highlighted projects; information technology projects; and transportation projects. Mayor Penserga asked what is included in street maintenance. Mr. Ramsey said that it includes things like the street paving projects. Mr. Mack mentioned the paving portion and the issues with the ARPA fund. He spoke about the projects that will be delayed because of it, and what they are going to be requesting for the Commission to discuss coming up soon. 110 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Mr. Ramsey reviewed the 302 fund- general fund proposed budget and general government projects. Mr. Adam Temple, Assistant City Manager, stated that the portable trailers will be reimbursed. Mr. Ramsey spoke about the following: 302 fund- general government highlighted projects; recreation and parks projects. Mr. Mack spoke about working with the Presbyterian church and doing a small neighborhood park there. Mr. Ramsey continued to review recreation and parks projects. Mayor Penserga stated that there were complaints about the shootings on Minor Road and asked about the lighting in that area. Mr. Mack stated that with FPL there's a lighting program and we could work with them on this. Mayor Penserga mentioned a subdivision within sky lake that did not have lighting. Mr. Mack explained that it is usually included in the design and engineering portion of the project. Mr. Ramsey continued his presentation as follows: recreation and parks highlighted projects; public safety projects; information technology projects; transportation projects; transportation highlighted projects; and questions. Commissioner Cruz stated that we increased the park impact fee and wanted to advocate to get some funding for the Leisureville Park, which would be a passive park. Mr. Davidson confirmed that they have $175K for that project. Mayor Penserga asked if it matters where the funding comes from. Commissioner Cruz said it does not matter, as long as it becomes a part of the project Mr. Mack said that it might be able to be done in-house. Commissioner Cruz asked for it to be a line item. Mr. Davidson stated that he was originally quoting 2023, so for this year it is up to $454K. 111 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Commissioner Hay asked about the infrastructure south of MLK and east of Seacrest, so that we can repave the streets on the North End. Mr. Mack said that this is the project that Dr. Kalkat was talking about, that they are waiting on the grant, to determine which roads are getting torn up. Commissioner Hay inquired about regular audits or completed projects, to assess their long-term performance. Mr. Ramsey explained the rotational maintenance of the roads. He said that there are checks and balances on infrastructure. Commissioner Hay asked about extending the lifespan of capital assets, like the vehicle fleet. Mr. Mack discussed not being able to maintain what we have, and that this is the first Board that has given funding to CIP Projects. He said that they have plans to get funding in the future, and some things might have to be cut here and there, because of funding. City Manager Dugger mentioned residents wanting the fishing pier. Commissioner Hay asked how projects are prioritized. Mr. Ramsey talked about the approval of CIP plan process. Commissioner Hay said that several projects are always taken off the list year after year. Mr. Ramsey explained how the projects work once he gets the okay on them. He spoke about working with consultants on the projects. Mr. Mack gave Mr. Ramsey kudos for helping to complete the projects that they have in the last three years. E. Other Funds (SHIP, CDBG, ETC.) Mayor Penserga left the dais at 7:55 P.M. Mr. RJ Ramirez, Community Improvement Manager, spoke about the following regarding the Community Improvement Division Budget: proposed budget; CDBG & SHIP Allocation; successes and challenges; and questions. Commissioner Cruz asked if this is one of the positions that we hired a coordinator position. 112 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Candace Walls, City Manager Chief of Staff, stated that they interviewed for the position, but they are going back out to make it an analyst position, and it will be between high to mid $50K to $77K. Commissioner Turkin expressed strong support for the Business Development Grants, highlighting their success and affirming his backing of the program. Commissioner Hay noted that he has been reviewing the Challenges and suggested increasing the amount allocated for closing costs to enhance competitiveness. He proposed exploring additional innovative options. Mr. Ramirez discussed collaborating with nonprofit developers to boost the assistance amount provided during closings. He shared the difficulties faced in helping individuals secure housing, especially as "affordable" homes are often priced over half a million dollars. He also highlighted his success in assisting people to find homes. Vice Mayor Kelley inquired about the purchase assistance funds and whether any actions were required. Mr. Ramirez explained the funding process, addressed discrepancies within the program, and described how the funds have been utilized for other programs. Commissioner Hay asked about the flexibility of loan repayment options. Mr. Ramirez detailed his work with realtors and loan officers to support closing costs and other grants for new homeowners. He also reviewed the action plan submitted and offered his recommendations. 3. Public Audience Vice Mayor Kelley open Public Comments. David Katz stated that the Fire Assessment increase of $25 is a good idea, because Fire Station #3 is an abomination. He spoke about Meadows Park, and a plan that was presented a long time ago, and mentioned that it should be done right away. Barbara Ready commented about lumping several departments, such as AIPP and Historic Preservation. She mentioned the Kinetic Art Exhibit, and who is working on it and the art in the City. She spoke about some projects falling through the cracks with the Historic Preservation. She stated that she is concerned with the unfunded mandates that are coming down from Tallahassee. Vice Mayor Kelley closed Public Comments. 113 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 4. Other A. Proposed Resolution No. R24-148- A Resolution of the City of Boynton Beach, Florida, adopting a Proposed Municipal Millage Rate for General Operating Budget purposes for Fiscal Year 2024-2025, stating a rolled-back rate, and setting the date, time and place of the first public hearing; providing for an effective date. City Attorney Lamb read the resolution into the record. Commissioner Cruz said that she supports 7.8%. Commissioners Hay and Commissioner Turkin agreed. Motion: Commissioner Cruz moved to approve the Proposed Resolution No. R24-148, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Penserga was not present for the vote. B. Proposed Resolution No. R24-149- A Resolution of the City Commission of the City of Boynton Beach, Florida, relating to the provision of Fire Rescue Services, Facilities, and Programs in the City of Boynton Beach, Florida; describing the method of assessing Fire Rescue assessed costs against assessed property located within the City of Boynton Beach; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof; and providing an effective date. City Attorney Lamb read the resolution into the record. Commissioner Turkin asked Chief Bruder to come to the front. He stated that he supports this and wants to make sure that there is progress on this and the projects that were laid out in this proposal. Vice Mayor Kelley asked if Chief Bruder has anything to add. Chief Bruder thanked the Commission and said that he will do these projects as quickly and efficiently as possible. Commissioner Hay stated that she supports $145. Commissioner Cruz spoke about originally not supporting the increase, but the benefits outweigh the risk, and the residents deserve a new Fire Rescue Station #3. She spoke about public safety should be supported and invested in. 114 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 Chief Bruder spoke about honesty, transparency, and being fiscally responsibility. Vice Mayor Kelley stated that over the last year they have heard the concerns with the Fire Assessment Fee, and they have turned this around to cover the projects that are really needed for the City. She mentioned that Fire Station #3 is very needed for the residents and staff. She spoke about accountability and that Chief Bruder will hit the ground running. She asked for us to look at ways to potentially change the amounts for commercial properties, as opposed to a residential property. She said that she does support the increase because it is going to things that are truly needed. Commissioner Cruz asked to decrease it to $20 instead of $25. City Attorney Lamb stated that this is not a final rate, this is a proposed rate. She mentioned that if they set it lower, they will not be able to raise it, but they should raise it and might be able to lower it. Vice Mayor Kelley said that we will assess and reevaluate in a year. Motion: Commissioner Hay moved to approve Proposed Resolution No. R24-149. Commissioner Turkin seconded the motion. The motion passed unanimously. Commissioner Cruz requested that we check and replace all the fire hydrants in the City. Chief Bruder stated that they typically do not manage the fire hydrants, but he will work with other staff to get it done. He said that he will make sure that they are the right hydrants. 5. Adjournment Commissioner Turkin thanked staff for all of the work that they have done, and made this happen. Commissioner Hay gave kudos to staff. Vice Mayor Kelley thanked the public for coming out to participate. Commissioner Cruz thanked staff for their work. She mentioned staff in Finance that worked hard. Commissioner Hay said that they were able to see a lot of new faces. 115 City Commission Special Meeting & Budget Workshop Minutes Boynton Beach, FL July 8,10, and 11, 2024 There being no further business to discuss, the meeting was adjourned at approximately 8:36 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC City Clerk 116 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-180- Approve an increase to the annual expenditure of the State of Florida Agreement #94131608-16-P with PRIDE Enterprises in the amount of $35,000, increasing the estimated annual expenditure from $80,000 to $115,000 for the purchase of recap/retread tires. Requested Action: Staff recommends approval of Proposed Resolution No. R24-180. Explanation of Request: On September 8, 2022, City Commission approved the utilization of State of Florida agreement # 94131608-16-P with PRIDE Enterprises for $80,000. This contract is for the purchase of recap/retread 11R22.5 tire for the City's Fleet. These tires are made by placing a new tread on an existing casing. Cost comparison between a new tire ($538.71) and a recap/retread tire ($140.75) is a difference of $397.96. The life cycle of a recap/retread tire is comparable to a new tire. Recaps can only be used for non-steer tires. A tire casing can be recapped up to three or four times depending on the casing. The City's Fleet department has experienced a significant increase in tire replacements. From 10-1-22 to 7-29-23, 487 tires were ordered compared to 10-1-23 to 7-29-24, 661 tires have been ordered so far. How will this affect city programs or services? This will enable the continued purchase of recap/retread tire for the City's Fleet at a significant cost savings. Fiscal Impact: Funds are budgeted and available for account 502-0000-141-0100 for the increased amount of $35,000 and total of $115,000. Attachments: R24-180 Agenda_Item_1937- 2023_Resolution_for_PRIDE_Enterprises_annual_expenditure_increase.docx Agenda Item Cover Sheet.pdf Contract.pdf Renewal to 2-11-26.pdf Purchase Order 117 RESOLUTION NO. R24-1801 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE INCREASE OF THE ANNUAL 4 EXPENDITURE FROM AN AMOUNT NOT TO EXCEED $80,000 TO AN 5 AMOUNT NOT TO EXCEED $115,000 FOR THE PURCHASE OF 6 RECAP/RETREAD 11R22.5 TIRE FOR THE CITY'S FLEET DIVISION FROM 7 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED (PRIDE)8 ENTERPRISES, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 9 PURPOSES. 10 11 WHEREAS,on September 8, 2022, the City Commission approved utilizing the State of 12 Florida Agreement #94131608-16-P with Prison Rehabilitative Industries and Diversified (PRIDE) 13 Enterprises pricing for the purchase and retread of Large Truck Tires (Recaps) for the City's Large 14 Truck Fleet for an annual expenditure of $80,000; and15 WHEREAS, the State of Florida process satisfies the City's competitive bid requirements; 16 and17 WHEREAS, the City issued Purchase Order No. 240163 for an amount not to exceed 18 $80,000 for an effective date of October 1, 2023, and expiration date of October 31, 2024; and19 WHEREAS, the City desires to increase the annual expenditure from an amount not to 20 exceed $80,000 to an amount not to exceed $115,000; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the citizens and residents of the City to approve the increase of the annual 23 expenditure from an amount not to exceed $80,000 to an amount not to exceed $115,000 for the 24 purchase of recap/retread 11R22.5 tire for the City's Fleet Division from Prison Rehabilitative 25 Industries and Diversified Enterprises, Inc.26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 28 BEACH, FLORIDA, THAT:29 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption.31 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 32 approve an increase in the annual expenditure from an amount not to exceed $80,000 to an 33 118 amount not to exceed $115,000 for the purchase of recap/retread 11R22.5 tire for the City's Fleet 34 Division from Prison Rehabilitative Industries and Diversified Enterprises, Inc.35 SECTION 3.This Resolution shall take effect in accordance with law.36 37 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.38 CITY OF BOYNTON BEACH, FLORIDA39 YES NO40 Mayor – Ty Penserga __________41 42 Vice Mayor – Aimee Kelley __________43 44 Commissioner – Angela Cruz __________45 46 Commissioner – Woodrow L. Hay __________47 48 Commissioner – Thomas Turkin __________49 50 VOTE ______51 ATTEST:52 53 ___________________________________________________________54 Maylee De Jesús, MPA, MMC Ty Penserga55 City Clerk Mayor56 57 APPROVED AS TO FORM:58 (Corporate Seal)59 60 _______________________________61 Shawna G. Lamb62 City Attorney63 119 120 121 122 123 124 125 126 AMENDMENT NO.: 1 Memorandum of Agreement Agreement No.: 94131608-16-P Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) PRIDE Page 1 of 2 Amendment No. 1, Renewal Agreement No.: 94131608-16-P This Amendment (“Amendment”), effective as of February 12, 2021, to the Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) Memorandum of Agreement, No. 94131608-16-P (“Agreement”), is made by and between the State of Florida, Department of Management Services (“Department”), and PRIDE. The Department and PRIDE are collectively referred to herein as the “Parties.” WHEREAS, the Agreement was entered into by the Parties on February 11, 2016, to continue through February 11, 2021; WHEREAS, in accordance with section 5, the Agreement may be amended upon mutual agreement; WHEREAS, in accordance with section 16, the Agreement may be renewed for a period not to exceed five years. NOW THEREFORE, for the mutual covenants contained herein, and pursuant to section 5, the Parties agree to amend the Agreement as follows: I. Section B, The Agreement is amended to delete Section B and replace with the following: B. PRIDE agrees to: i) In accordance with subsection 287.042(1)(e), Florida Statutes, submit to the Department all products and services it intends to have the Department list on the public facing website. ii) In accordance with section 287.042(1)(h), Florida Statutes, PRIDE shall pay a fixed subscription fee of $10,000.00 per quarter for the use of the Department’s electronic information system. iii) Not change prices or specifications of products or services addressed in this Agreement except as specified in this Agreement. II. Memorandum of Agreement Renewal. The Agreement is renewed for a period of five years, effective February 12, 2021, through February 11, 2026. III. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. DocuSign Envelope ID: 312ED290-8EF8-4A7F-B3F6-F3CBDCDCE523 127 AMENDMENT NO.: 1 Memorandum of Agreement Agreement No.: 94131608-16-P Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) PRIDE Page 2 of 2 Amendment No. 1, Renewal Agreement No.: 94131608-16-P IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Agreement will continue in full force and effect. State of Florida Department of Management Services Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) By: _____________________________ By: _____________________________ Name: Tami Fillyaw Name: Jack Edgemeon Title: Chief of Staff Title: President Date: __________________________ Date: __________________________ DocuSign Envelope ID: 312ED290-8EF8-4A7F-B3F6-F3CBDCDCE523 11/2/2020 | 1:23 PM EST11/2/2020 | 3:23 PM EST 128 129 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-182- Approve Change Order No. 4 to Purchase Order No. 230742 with B&B Underground Construction for the construction of project Bid No. UTL22-036 Dimick Road and Potter Road Utility Stormwater and Water Infrastructure Improvements Project increasing the base contract amount from $3,003,845.89 to $3,017,635.89 and increasing the contingency by $23,034.36 from $100,000 to $123,034.46 for a total contract amount not to exceed $3,140,670.35, and approving a Utility Capital Improvement Fund (403) budget transfer in the amount of $23,034.46. Requested Action: Staff recommends approval of Proposed Resolution No. R24-182. Explanation of Request: R23-187 approved Change Order No. 2. However, Change Order No. 2 was only a time extension change order with no cost increase. R23-187 should have referenced Change Order No. 3, which increased the PO by $207,649.96 to pay for additional work and increased contingency funding for potential future change orders. R23-187 contained mathematical errors in the total contract amount and contingency amounts. R23- 187 erroneously increased the base contract price to an amount not to exceed $3,003,845.89 when the City needed to increase the contract price to an amount not to exceed $3,017,635.89. Further, the Change Order approved by R23-187 contained an incorrect contingency amount. Since change orders are paid utilizing contingency funds, the City also needed to increase the contract contingency amount not to exceed $123,034.46. This Resolution approves Change Order No. 4, which reconciles the amounts previously approved by R23-187 with the actual expenditures needed by the City to complete the project. Change Order No. 4 increases the base contract amount from $3,003,845.89 to $3,017,635.89 and increases the contingency from $100,000 to $123,034.46 for a total contract amount of $3,140,670.35. Currently, there is only $207,652 available in UC1802 for funding. 403.5000.538.65-09 - $109,245 403.5000.533.65-02 - $33,315 403.5000.535.65-04 - $65,092 This amount must be increased by $23,034.46 for a total amount of $230,686.46 in funding available. The Utilities Department is requesting that the Commission approve the transfer of funds to increase the project's budgeted amount by $23,034.46 130 How will this affect city programs or services? This project addresses existing Lakeside Gardens neighborhood drainage issues and will result in an improved level of service to the neighborhood by reducing flooding and providing improved ingress/egress during and after 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 budget by $23,034.46 via budget transfer from UC2103 to UC1802 Attachments: R24-182 Agenda_Item_1980-2023_Resolution_for_B_B_Underground_CO__4.docx Lakeside_Gardens_Change_Order.docx Change Order #3 - All back up combined.pdf R23-187.pdf 131 RESOLUTION NO. R24-1821 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING CHANGE ORDER NO. 4 TO THE 4 CONSTRUCTION CONTRACT FOR LAKESIDE GARDENS UTILITY 5 STORMWATER AND WATER IMPROVEMENTS (GRANT FUNDED) PHASE II 6 WITH B&B UNDERGROUND CONSTRUCTION, INC.; APPROVING UTILITY 7 CAPITAL IMPROVEMENT FUND (403) BUDGET TRANSFER IN THE AMOUNT 8 OF $23,034.46; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS,on November 15, 2022, the City and B&B Underground Construction, Inc. 11 (“Contractor”), entered into a Construction Contract for Lakeside Gardens Utility Stormwater and 12 Water Improvements (Grant Funded) Phase II, approved by Resolution No. R22-151 on October 13 18, 2022; and 14 WHEREAS,on December 19, 2023, the City Commission approved Resolution No. R23-15 187 approving Change Order No. 2, which should have been titled Change Order No. 3, contained 16 mathematical errors in the base contract price as well as contingency amounts; and 17 WHEREAS,the City’s Utilities Department desires to reconcile errors in the previously 18 approved change order(s) by approving Change Order No. 4 for additional utility gas expenses, 19 overruns for joints, valves, water, utility services, water main alignment, overruns for sanitary 20 laterals, utility services, rework manhole flow channels, and install casing on sanitary pipe, 21 increasing the total contract amount payable to an amount not to exceed $3,140,670.35; and 22 WHEREAS,the City Commission, upon recommendation of staff, has deemed it to be in 23 the best interests of the citizens and residents of the City to approve Change Order No. 4 to the 24 Construction Contract for Lakeside Gardens Utility Stormwater and Water Improvements (Grant 25 Funded) Phase II with B&B Underground Construction, Inc., and approve Utility Capital 26 Improvement Fund (403) budget transfer in the amount of $23,034.46.27 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 33 132 approve Change Order No. 4 to the Construction Contract for Lakeside Gardens Utility Stormwater 34 and Water Improvements (Grant Funded) Phase II, between B&B Underground Construction, Inc.35 and the City (the “Change Order”), in form and substance similar to that attached as “Exhibit A.“36 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Change Order and such other related documents as may be 38 necessary to accomplish the purpose of this Resolution.39 SECTION 4.One fully-executed original of the Change Order shall be retained by the 40 City Clerk as a public record of the City. A copy of the fully-executed Change Order shall be 41 provided to Keith Webber to forward to the Contractor.42 SECTION 5.This Resolution shall take effect in accordance with law.43 44 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.45 CITY OF BOYNTON BEACH, FLORIDA46 YES NO47 Mayor – Ty Penserga __________48 49 Vice Mayor – Aimee Kelley __________50 51 Commissioner – Angela Cruz __________52 53 Commissioner – Woodrow L. Hay __________54 55 Commissioner – Thomas Turkin __________56 57 VOTE ______58 ATTEST:59 60 ___________________________________________________________61 Maylee De Jesús, MPA, MMC Ty Penserga62 City Clerk Mayor63 64 APPROVED AS TO FORM:65 (Corporate Seal)66 _______________________________67 Shawna G. Lamb68 City Attorney69 133 CITY OF BOYNTON BEACH Construction Services Change Order 8/12/24 Page 1 of 1 PROJECT TITLE:Lakeside Gardens Change Order No. 4 Contractor: B & B Underground Purchase Order No.230742 Project Manager:Jose Huertas Contract Date:12/20/22 REASON: Item Description & Part Number Account No. # & Project No. #Quantity Unit Unit Price Amount 1 Additional Utility Gas Expenses 403-5000-533.65-09 UC1802 Storm 1 EA $24,628.96 $24,628.96 2 Overruns for joints, valves, water,and utility services, and water main alignment 403-5000-533.65-02 UC1802 Water 1 EA $33,314.20 $33,314.20 3 Overruns for Sanitary Laterals, Utility services, rework manhole flow channels, and install casing on sanitary pipe 403-500-535.65-04 UC1802 Sewer 1 EA $65,091.30 $65,091.30 The cost of this work is:$123,034.46 The Contract Time will be increased by approximately:0 days The New Date of Substantial Completion: 8/27/2024 The New Date of Final Completion:10/26/2024 Original Purchase Order Amount:$2,645,441.75 Increase Contract Amount R23-187/R24-XXX: $123,034.46 New Contract Amount (w/o Change Orders or use of Contingency) $2,768,476.21 Commission Approved Contingency ($264,544.18 + $84,615.50 + $23,034.46 ) $372,194.14 Total Contingency Used to Date (including this Change Order):$372,194.14 Contingency Remaining:$0 Commission Approved Change Order(s) (including this Change Order): ($372,194.14 contingency + $123,034.46 increase to contract) $495,228.60 New Purchase Order amount including this Change Order: ($2,645,441.75 +$495,228.60)$3,140,670.35 ***Change Orders over $5,000 are NOT authorized until reviewed and approved by the City Manager or Designee*** Department Director City of Boynton Beach Director of Finance City of Boynton Beach Deputy City Manager City of Boynton Beach Signature Signature Signature Date:Date:Date: 134 Contractor: B&BUnderground PaymentLegend:Contingency 10% ProjectDescription: LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 PayApp PA Retainage 5% Project#: UC1802 ChangeOrder CO Account# 403Ͳ5000Ͳ533Ͳ65.02&403Ͳ 5000Ͳ538Ͳ65.09 Invoice Inv PO# 230742 PODate: 12/20/2022 ProjectManager: AngelaPrymas/JoseHuertas OriginalContract$: $2,645,441.75 PO# PAor CO # Description Contractor PM Project# Date/Period OriginalContract$CO$ Contingency UsedYorN CurrentBid Value Total$Earned orInvoice$ Total Retainage Total$EarnedͲ Retainage Retainage PaidYorN CurrentPayment$ Contract Remaining Contract RemainingͲ Retainage %Completed $Completed Retainage perPA 230742 CO 1 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 6/28/2023 $2,645,441.75 $249,159.68 Y $2,894,601.43 $0.00 $2,894,601.43 $0.00 0.0% $0.00 230742 PA 1 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 4/30/2023 $2,645,441.75 $2,894,601.43 $159,956.51 $7,997.83 $151,958.68 $151,958.68 $2,742,642.75 $2,734,644.92 5.5% $159,956.51 $7,997.83 230742 PA 2 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 5/31/2023 $2,645,441.75 $2,894,601.43 $390,319.50 $19,515.98 $370,803.53 $218,844.84 $2,523,797.91 $2,504,281.93 13.5% $390,319.50 $19,515.98 230742 PA 3 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 6/30/2023 $2,645,441.75 $2,894,601.43 $631,128.00 $31,556.40 $599,571.60 $228,768.08 $2,295,029.83 $2,263,473.43 21.8% $631,128.00 $31,556.40 230742 PA 4 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 6/30/2023 $2,645,441.75 $2,894,601.43 $641,533.00 $32,076.65 $609,456.35 $9,884.75 $2,285,145.08 $2,253,068.43 22.2% $641,533.00 $32,076.65 230742 PA 5 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 7/31/2023 $2,645,441.75 $2,894,601.43 $826,884.92 $41,344.25 $785,540.67 $176,084.32 $2,109,060.76 $2,067,716.51 28.6% $826,884.92 $41,344.25 230742 PA 6 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 8/31/2023 $2,645,441.75 $2,894,601.43 $1,128,604.92 $56,430.25 $1,072,174.67 $286,634.00 $1,822,426.76 $1,765,996.51 39.0% $1,128,604.92 $56,430.25 230742 PA 7 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 9/30/2023 $2,645,441.75 $2,894,601.43 $1,282,993.84 $64,149.69 $1,218,844.15 $146,669.48 $1,675,757.28 $1,611,607.59 44.3% $1,282,993.84 $64,149.69 230742 PA 8 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 10/31/2023 $2,645,441.75 $2,894,601.43 $1,503,328.18 $75,166.41 $1,428,161.77 $209,317.62 $1,466,439.65 $1,391,273.24 51.9% $1,503,328.18 $75,166.41 230742 PA 9 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 11/30/2023 $2,645,441.75 $2,894,601.43 $1,660,270.18 $83,013.51 $1,577,256.67 $149,094.90 $1,317,344.75 $1,234,331.24 57.4% $1,660,270.18 $83,013.51 230742 PA 10 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 1/31/2024 $2,645,441.75 $2,894,601.43 $1,839,766.21 $91,988.31 $1,747,777.90 $170,521.23 $1,146,823.52 $1,054,835.21 63.6% $1,839,766.21 $91,988.31 230742 PA 11 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 3/11/2024 $2,645,441.75 $2,894,601.43 $2,135,966.21 $106,798.31 $2,029,167.90 $281,390.00 $865,433.52 $758,635.21 73.8% $2,135,966.21 $106,798.31 230742 CO 2 LakesideGardensStormwater&WaterUtility ImprovementsͲPhase2 B&BUnderground AngelaPrymas/JoseHUC1802 7/3/2024 $2,645,441.75 $123,034.46 $3,017,635.89 $988,467.98 $758,635.21 70.8% $2,135,966.21 PO$AmountbeforeCO#2:$2,894,601.43 Description Totals CO#2LessappliedContingency($207,649.96Ͳ$84,615.50): $123,034.46 ChangeOrders $372,194.14 TotalContractRemaining$$3,017,635.89 PayApps $2,029,167.91 Invoices $0.00 OriginalContract$ $2,645,441.75 AgendaItemCO2Calculationerror($123,034.46Ͳ$109,244.46): $13,790.00 CurrentContractValue $3,017,635.89 AdjustedContingencyPostCO2($100,000Ͳ$13,790): $86,210.00 RemainingWIP $988,467.98 TotalContractRemaining$includingContingency: $3,103,845.89 %Completed 67.2% %Open 32.8% Contingency $264,544.18 $2,894,601.43 TotalContractRemaining$BeforeCO2 ContingencyUsed $249,159.68 $3,017,635.89 NewPOamountafterCO2 ActualContingencyPostCO#2 $86,210.00 $3,103,845.89 TotalContractRemaining$includingContingency ContingencyNet $15,384.50 $15,384.50 RemainingContingencyBeforeCO2 CO2ContingencytobeappliedperAgenda Item $84,615.50 $84,615.50 CO2ContingencytobeappliedperAgendaItem TotalContingencyPerAgendaItem $100,000.00 $3,117,635.89 TotalContractRemaining$includingContingency RetainagePaid $0 7/29/20245:46PM S:\Utilities\utilities_div\UtilitiesFinance\ChangeOrders\B&BUnderground\POͲ230742ͲLakesideGardens\PayAppsB&BUndergroundͲPO#230742ͲLakesideGardensͲPhase2ͲRevised4 1of1 135 136 ENTERONLYHIGHLIGHTEDCELLS NTP CommencementDate 2/13/2023 ShouldbeDateofNTPMeeting DaystoSubstantial 365Days SubstantialCompletion 2/12/2024 DaystoFinal 60Days FinalAcceptance 4/12/2024 4/11/2024 ThisshouldͲ1dayfromtheSub.Date CO#1 CommencementDate 2/13/2023 DaystoSubstantial 65Days SubstantialCompletion 4/17/2024 4/16/2024 DaystoFinal 60Days FinalAcceptance 6/16/2024 6/15/2024 ThisshouldͲ1dayfromtheSub.Date CO#2 CommencementDate 4/17/2024 4/16/2024 DaystoSubstantial 132Days SubstantialCompletion 8/27/2024 8/26/2024 DaystoFinal 60Days FinalAcceptance 10/26/2024 10/25/2024 ThisshouldͲ1dayfromtheSub.Date 7/22/20244:23PM S:\Utilities\utilities_div\UtilitiesFinance\ChangeOrders\B&BUnderground\POͲ230742ͲLakesideGardens\PO230742B&B UndergroundDatesasof07Ͳ22Ͳ2024 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 1 RESOLUTION NO. R23-187 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING CHANGE ORDER NO. 2 FOR PURCHASE ORDER 230742 5 WITH B&B UNDERGROUND CONSTRUCTION IN THE AMOUNT OF 6 207,649.96 FOR ADDITIONAL CONSTRUCTION WORK INCREASING 7 THE CONTRACT AMOUNT TO $3,003,845.89 AND THE CONTINGENCY 8 IN THE AMOUNT OF $84,615.50 IN ACCORDANCE WITH BID NO. 9 UTL22-036 FOR DIMICK ROAD AND POTTER ROAD UTILITY 10 STORMWATER AND WATER INFRASTRUCTURE IMPROVEMENTS 11 PROJECT AWARDED BY THE CITY COMMISSION ON OCTOBER 18, 12 2022; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on October 18, 2022, City Commission approved the staff 15 recommendation to Award Bid No. UTL22- 036 to the lowest responsive and responsible 16 bidder, B&B Underground Construction Inc., for a Bid amount of $2,645,441,75 for Dimick 17 Road and Potter Road utility stormwater and water infrastructure improvements project in 18 the Lakeside Gardens neighborhood located east of Federal Highway and adjacent to the 19 Intracoastal Waterway; and 20 WHEREAS, since the initial bid and notice to proceed with construction, the gravity 21 sanitary clay pipe in the neighborhood was found to need replacing as it is reaching the end 22 of life and can no longer be lined; and 23 WHEREAS, the Change Order needed to replace the sanitary sewer pipe increases 24 the contract time by 65 days and cost by $246,159.68; and 25 WHEREAS, the City Commission of the City of Boynton Beach, upon 26 recommendation of staff, deems it to be in the best interest of the citizens and residents to 27 approve Change Order No. 2 for Purchase Order 230742 with B&B Underground 28 Construction in the amount of $207,649.96 for additional construction work increasing the 29 contract amount to $3,003,845.89 and the contingency in the amount of $84,615.50 in 30 accordance with BID No. UTL22-036 for Dimick Road and Potter Road utility stormwater and 31 water infrastructure improvements project awarded by the City Commission on October 18, 32 2022. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:\CC\WP\CCAGENDA\2023\12-19-2023\R23-187 Res_23- Change_Orde,R_No_2_To_Contract_With_B_B_Underground_Dimick_Road_-_Reso(2).Docx 183 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 38 approves Change Order No. 2 for Purchase Order 230742 with B&B Underground 39 Construction in the amount of $207,649.96 for additional construction work, increasing the 40 contract amount to $3,003,845.89 and the contingency in the amount of $84,615.50 in 41 accordance with BID No. UTL22-036 for the Dimick Road and Potter Road utility stormwater 42 and water infrastructure improvements project was awarded by the City Commission on 43 October 18, 2022. A copy of Change Order No. 2 is attached hereto and incorporated herein 44 as Exhibit "A." 45 Section 3. That this Resolution shall become effective immediately. 46 PASSED AND ADOPTED this 19th day of December, 2023. 47 CITY OF BOYNTON BEACH, FLORIDA 48 49 YES NO 50 51 Mayor-Ty Penserga 52 53 Vice Mayor-Thomas Turkin 54 55 Commissioner-Angela Cruz 56 57 Commissioner-Woodrow L. Hay 58 59 Commissioner-Aimee Kelley 60 61 VOTE 62 63 64 Al65 1 04,A 67 Maylee - -sus, MPA, eV •••RAT•• F'9 T.' cga 68 City ClemSy 'i Mr r 69 i-: N E: 70 v: N O p2 • APPROVED AS TO FORM: 71 (Corporate Seal) y l........ ee","dAtudig a\ lan6g 72 FLOO-f-- 73 Shawna G. Lamb 74 City Attorney S:\CC\WP\CCAGENDA\2023\12-19-2023\R23-187 Res_23- Change_Orde,R_No_2_To_Contract_With_B_B_Underground_Dimick_Road_-_Reso(2).Docx 184 LAKESIDE GARDENS STORM WATER UTILITY IMPROVEMENTS CHANGE ORDER#2—EXPLANATION AND BACKUPS 1. Bid Schedule Item 26A - 8" RJ DIP Watermain = 60LF x $95.00 = $5,700.00: Due to field conditions, additional 60LF of 8" DIP Restrain Joint (RJ) pipe was installed instead of 8" PVC Push-on. 2. Bid Schedule Item 26B - 8" DIP Push-on Watermain = 13LF x $65.00 = $845.00. Due to field conditions, additional 13LF of 8" DIP Push-on pipe was installed instead of 8" PVC Push-on. 3. Bid Schedule Item 27 - 8" Gate Valve (Sta. 20+60) = lea x $2,550.00 = $2,550.00. Per Utilities request, an additional valve was installed at west end of N. Lake Dr. 4. WCD #01 - Bid Schedule Item 28B - 1" Single Water Service Long = 2EA x $2,300.00 = 4,600.00. See attached Work Change Directive #1. 5. Bid Schedule Item 33B - 6" PVC C900 Lateral (2600 N. Lake Dr. empty lot) = lEA x 5,250.00 = $5,250.00. See attached Work Change Directive #1. 6. WCD #03 - Bid Schedule Item 33B - 6" PVC C900 Lateral = lEA x $5,250.00 = $5,250.00. See attached Work Change Directive #3. 7. Extra Work Item - 6" DIP P-401 Sewer Lateral at 2626 N. Federal Hwy = $3,259.15. See attached cost proposal reviewed and accepted by Utilities. 8. Bid Schedule Item 50D - FPU Utility expenses = $1,310.00. In the schedule of bid items was included an allowance of$50,000.00 for FPU Utility expenses for relocation of gas lines. The actual cost was $51,310.00. The difference of$1,310.00 is to be addressed with this change order. Attached is copy of the invoice from FPU. 9. WCD #04 - Townhome Utility Service = $26,706.90. The developer of Potter Townhomes, requested the City to install now a 8" PVC C900 sewer line up to the property line for future connection, and a 8" PVC C900 water line (and 8" valve) up to the property line for future connection. Location of the stub outs were provided, and based on that the Contractor provided the attached proposal. This cost will be paid back to the City by the developer in the future, per email from Chris Roschek to Matthew Kahn (Developer) dated 5/18/23 (attached). 3 days of additional time. 10. Extra Work Item - Watermain Alignment shift N. Lake Drive = $6,265.75. Received proposal. 1 day of additional time. 185 11. Extra Work Item — Remove and repave existing asphalt driveway at 2601 N. Lake Dr. = 11,379.98. Negotiated with owner as a condition for him to sign the outfall seawall penetration. See attached cost proposal reviewed and accepted by Utilities. 2 days of additional time. 12. WCD #05 — Rework Existing Manhole Flow Channels = $1,500.00. See attached cost proposal reviewed and accepted by Utilities. 1 day of additional time. 13. Additional unforeseen costs associated with the installation of the 36" and 6" outfall piping =$11,938.98. Work consisted of supplying PZ27 sheet piles and an additional lOcy of 4,000 psi concrete to maintain the structural integrity of the dilapidated existing seawall. See attached cost proposal reviewed and accepted by Utilities. 14. WCD #06— Install Casing in manhole MH-S-3 = $36,478.70. Refer to attached Work Change Directive #6 and cost proposal. See attached cost proposal reviewed and accepted by Utilities. 5 days of additional time. 15. Replenish Contingency $84,615.50 for unforeseen conditions and possible additional work related to storm. Remaining Contingency: $15,384.50. Total requested Contingency: $84,615.50 + $15,384.50 = $100,000.00. TOTAL CHANGE ORDER #2: $207,649.96 Additional Time: 65 days for CO #1 and 12 days for CO #2. Total Time Extension: 77 days 186 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases over $100,000 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-184- Approve an increase of the annual expenditure from an amount not to exceed $1,200,000 to an amount not to exceed $1,500,000 for the Integrated Supply Agreement for Integrated Business Solutions Services with Genuine Parts Company. Requested Action: Staff recommends approval of Proposed Resolution No. R24-184. Explanation of Request: The Public Works Department is requesting an increase to the approved annual expenditure in the amount of $300,000, for a total of $1,500,000. On May 16, 2023, the City Commission approved Resolution R23-063 to piggyback contract #110520-GPC between Sourcewell and NAPA Auto Parts for the operational purchase of auto parts, with an annual expenditure of $1,200,000. Due to supply chain challenges and increased auto parts costs, the annual expenditure approved for Napa Auto Parts needs to be increased to fulfill the City's needs, and an increase to blanket PO 240212 is being requested. The Sourcewell contract satisfies the City's Procurement requirements. How will this affect city programs or services? The increase to the blanket purchase order would allow the Fleet Division to continue requesting the auto parts needed for effective and efficient service of the City fleet, decreasing unit downtime. Fiscal Impact: This is a budgeted item. Attachments: R24-184 Agenda_Item_1915- 2023_Resolution_for_Genuine_annual_expenditure_increase.docx Resolution No. R23-063.pdf Integrated Supply Agmt NAPA Auto Parts - PO 240212.pdf Sourcewell Contract - 110520-GPC 187 RESOLUTION NO. R24-1841 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE INCREASE OF THE ANNUAL 4 EXPENDITURE FROM AN AMOUNT NOT TO EXCEED $1,200,000 TO AN 5 AMOUNT NOT TO EXCEED $1,500,000 FOR THE INTEGRATED SUPPLY 6 AGREEMENT FOR INTEGRATED BUSINESS SOLUTIONS SERVICES WITH 7 GENUINE PARTS COMPANY; PROVIDING AN EFFECTIVE DATE; AND FOR 8 ALL OTHER PURPOSES. 9 10 WHEREAS,on May 16, 2023, the City Commission approved Resolution No. R23-063, 11 approving an Integrated Supply Agreement for the operational purchase of a source of supply for 12 certain auto, truck, and bus parts by Genuine Parts Company, in accordance with the terms and 13 conditions set forth in the Sourcewell and NAPA Contract No. 110520-GPC, with an annual 14 expenditure not to exceed $1,200,000; and15 WHEREAS, the parties entered into an Integrated Supply Agreement effective February 1, 16 2023; and17 WHEREAS, the City desires to increase the annual expenditure from an amount not to 18 exceed $1,200,000 to an amount not to exceed $1,500,000; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the citizens and residents of the City to approve an increase of the annual 21 expenditure from an amount not to exceed $1,200,000 to an amount not to exceed $1,500,000 22 for the Integrated Supply Agreement for Integrated Business Solutions Services with Genuine 23 Parts Company.24 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 an increase in the annual expenditure from an amount not to exceed $1,200,000 to an 31 amount not to exceed $1,500,000 for the Integrated Supply Agreement for Integrated Business 32 Solutions Services with Genuine Parts Company.33 188 SECTION 3.This Resolution shall take effect in accordance with law.34 35 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.36 CITY OF BOYNTON BEACH, FLORIDA37 YES NO38 Mayor – Ty Penserga __________39 40 Vice Mayor – Aimee Kelley __________41 42 Commissioner – Angela Cruz __________43 44 Commissioner – Woodrow L. Hay __________45 46 Commissioner – Thomas Turkin __________47 48 VOTE ______49 ATTEST:50 51 ___________________________________________________________52 Maylee De Jesús, MPA, MMC Ty Penserga53 City Clerk Mayor54 55 APPROVED AS TO FORM:56 (Corporate Seal)57 58 _______________________________59 Shawna G. Lamb60 City Attorney61 189 1 RESOLUTION NO. R23-063 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 THE INTEGRATED SUPPLY AGREEMENT FOR THE 6 OPERATIONAL PURCHASE OF A SOURCE OF SUPPLY FOR 7 CERTAIN AUTO, TRUCK, AND BUS PARTS BY GENUINE PARTS 8 COMPANY, IN ACCORDANCE WITH THE TERMS & 9 CONDITIONS SET FORTH IN THE SOURCEWELL AND NAPA 10 CONTRACT NO. 110520-GPC, IN THE AMOUNT OF $892,588 11 WITH AN ANNUAL EXPENDITURE OF $1,200,000 FOR THE 12 LENGTH OF THE CONTRACT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the Fleet Division is currently ordering parts via the City Warehouse and 16 multiple vendors which has limited stock due to supply chain issues and staff shortages; and 17 WHEREAS, this causes delays on repairs to our Police, Fire, Solid Waste, Utilities and 18 numerous departments' vehicles that provide city services; and 19 WHEREAS, this request would allow for NAPA to expand current inventory and allow 20 the City of Boynton Beach access to NAPA's IBS sites throughout the Country and would also 21 include dedicated staff members and a NAPA leased vehicle to retrieve parts; and 22 WHEREAS,the City will gain greater efficiencies by significantly minimizing the number 23 of contracts, invoices, and staff time to processes/administer the aforementioned functions; 24 and 25 WHEREAS, the City Commission has determined that it is in the best interests of the 26 residents of the City to approve and authorize the City Manager to sign the Integrated Supply 27 Agreement for the operational purchase of a source of supply for certain auto, truck, and bus 28 parts by Genuine Parts Company, in accordance with the terms & conditions set forth in the 29 Sourcewell and NAPA Contract No. 110520-GPC, in the amount of $892,588 with an annual 30 expenditure of$1,200,000 for the length of the contract. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Approve integrated Supply Agreement With NAPA-Reso.Docx 190 191 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 Section 2.The City Commission hereby approves and authorizes the City 37 Manager to sign the Integrated Supply Agreement for the operational purchase of a source 38 of supply for certain auto, truck, and bus parts by Genuine Parts Company, in accordance 39 with the terms &conditions set forth in the Sourcewell and NAPA Contract No. 110520-GPC, 40 in the amount of $892,588 with an annual expenditure of $1,200,000 for the length of the 41 contract. A copy of the Agreement is attached hereto and incorporated herein by reference 42 as Exhibit "A". 43 Section 3.This Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this 16th day of May, 2023. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor—Ty Penserga 49 50 Vice Mayor—Thomas Turkin 51 52 Commissioner—Angela Cruz 53 54 Commissioner—Woodrow L. Hay 55 56 Commissioner—Aimee Kelley 57 58 VOTE 110 59 AT 60 11 • 5000- 62 Maylee lie J: us, MPA, C T ga 63 City Clerk May/CN 65 o .6o, oRArF . 0 11, PP pS TO R 66 (Corporate Seal) rL •; 6'/ 67 CORPORP ED 68 1 % 192 .. Michael D. Cirullo,Jr. of 69 11 P % CityAttorney FLOW= S:1CA\RESOWgreements\Approve Integrated Supply Agreement With NAPA-Reso.Docx 192 193 INTEGRATED SUPPLY AGREEMENT BY AND BETWEEN GENUINE PARTS COMPANY AND CITY OF BOYNTON BEACH, FLORIDA SOURCEWELL CONTRACT 194 INTEGRATED SUPPLY AGREEMENT BY AND BETWEEN GENUINE PARTS COMPANY AND CITY OF BOYNTON BEACH,FLORIDA THIS INTEGRATED SUPPLY AGREEMENT (this "Agreement") is made by and between GENUINE PARTS COMPANY, a Georgia corporation (d/b/a NAPA Auto Parts) ("NAPA"), and the CITY OF BOYNTON BEACH, FLORIDA CUSTOMER"), to be effective as of the 1st day of February, 2023 (the "Effective Date"). WITNESSETH WHEREAS, pursuant to a competitive bidding and selection process by Sourcewell (f/k/a National Joint Powers Alliance) (hereinafter, "Sourcewell"), a Minnesota-based Service Cooperative created by Minnesota Legislative Statute 123A.21, Sourcewell and NAPA executed contract #110520-GPC on December 23, 2020 hereinafter, "Sourcewell Contract"), attached hereto as Exhibit C. to establish a source of supply for certain auto, truck and bus parts as well as to provide Integrated Business Solutions services; and WHEREAS, by becoming a participating member of Sourcewell (hereinafter, Member"), CUSTOMER and its related entities (hereinafter, "User Agencies") are authorized to utilize the pricing and incentives available to Sourcewell Members set forth in the Sourcewell Contract; and WHEREAS, CUSTOMER desires to become a User Agency under such Sourcewell Contract and desires to receive integrated business solutions services from NAPA; and WHEREAS, CUSTOMER and NAPA agree that the Sourcewell Contract is a vehicle by which CUSTOMER may contract directly with NAPA for parts and services, but that the terms and conditions of this Agreement and not the terms and conditions of the Sourcewell Contract shall govern the relationship of the parties; and WHEREAS, NAPA desires to provide integrated business solutions services and to establish inventories in CUSTOMER's locations to service the fleet parts needs of CUSTOMER and to serve as the primary supplier of automotive replacement parts and other supplies and/or equipment (the "Inventory" or "Products") to serve the needs of CUSTOMER; and SOURCEWELL CONTRACT 195 WHEREAS, CUSTOMER desires to provide space for the Inventory on the premises of CUSTOMER for use by NAPA ("On Site Store") and agrees that NAPA will be its primary supplier of the Inventory pursuant to the terms herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows: AGREEMENT 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meanings set forth below: a) Primary Supplier shall mean the parts supplier that provides a minimum of ninety percent(90%) of the Inventory needs of CUSTOMER. b) NAPA Owned Store shall mean an auto parts store lawfully using the tradename or trademark"NAPA"which is wholly owned by NAPA. c) NAPA Jobber shall mean an auto parts store lawfully using the tradename or trademark "NAPA" with respect to which NAPA maintains no ownership interest. d) Current NAPA Jobber Acquisition Cost shall mean NAPA's current gold price as set forth on NAPA's Confidential Jobber Cost and Suggested Resales price list. 2. CUSTOMER'S CURRENT LOCATIONS. NAPA will establish On Site Store(s) at the CUSTOMER'S following location(s): 222 NE 9th Ave. Boynton Beach, FL 33435 Additional locations of the CUSTOMER may be added to this Agreement but only by a written amendment executed and agreed to by both the CUSTOMER and NAPA. 3. TERM. Subject to the terms and conditions set forth below, this Agreement shall begin on the Effective Date and shall end when the Sourcewell Contract terminates or expires or when terminated earlier in accordance with the applicable terms and conditions stated herein. As the Sourcewell Contract is renewed or extended, this Agreement may be renewed or extended for a period of time equal to or shorter than the period of time the Sourcewell Contract is renewed or extended upon the mutual written agreement of the parties. Notwithstanding the foregoing, should the parties desire to extend this Agreement past the termination or expiration date of the Sourcewell Contract, Sourcewell Contract 196 the parties may do so by entering into a mutually agreed upon written amendment to this Agreement. Further, as Sourcewell awards new successive agreements to NAPA following expiration of the Sourcewell Contract, any new contract number and/or new terms and conditions may be added with mutual agreement via a written amendment to this Agreement. 4. DUTIES AND RESPONSIBILITIES OF NAPA. NAPA shall have the following duties and responsibilities during the term of this Agreement: a) NAPA will operate the On Site Store(s) and provide the Inventory to CUSTOMER's now existing locations. NAPA shall provide all personnel required to operate the On Site Store(s). b) In those circumstances when delivery is required by CUSTOMER, NAPA will provide parts to CUSTOMER's locations on a daily route basis. In addition, NAPA will accelerate delivery on those items CUSTOMER requires to be delivered on an expedited basis. NAPA will make all reasonable efforts to ensure prompt delivery to the CUSTOMER's location(s)requesting part(s). c) NAPA shall provide all computers and reports necessary to monitor monthly expenses as they pertain to the daily operation of the On Site Store(s). NAPA shall provide computer ordering and cataloging to each On Site Store. d) NAPA shall provide a profit and loss statement of the parts operations to the CUSTOMER on approximately the 25th of each month for each On Site Store. e) NAPA shall provide back-up emergency service during non-working hour contingencies. This overtime expense(calculated at time and one half)will be charged on a cost basis to CUSTOMER and must be pre-approved by CUSTOMER. The parties shall mutually agree upon the pre-approval process for such emergency situations. NAPA will provide a list of personnel, including telephone numbers, who will respond to emergency service requests. 5. DUTIES AND RESPONSIBILITIES OF CUSTOMER. CUSTOMER shall have the following duties and responsibilities during the term of this Agreement: a) CUSTOMER shall provide, at its sole expense, usable space for NAPA's On Site Store(s) and the Inventory. CUSTOMER shall provide access to restroom facilities for NAPA employees. Further, CUSTOMER shall furnish, at its sole expense, all utilities for the On Site Store(s) including: water, sanitation, sewer, light, telephone, heat, gas, electricity, power, fuel,janitorial and all other utilities and services rendered or delivered to the On Site Store(s) whatsoever. CUSTOMER shall provide NAPA a safe work environment that is free from hostility, violence, or discrimination. NAPA reserves the right to terminate the contract immediately should NAPA encounter a hostile, violent, discriminatory, or unsafe work environment. Sourcewell Contract 197 b) CUSTOMER shall use NAPA as its Primary Supplier of the Inventory under this Agreement. CUSTOMER reserves the right to purchase any item outside this Agreement where it is determined to be more economical or timely so long as the purchase of aforesaid part or parts does not result in NAPA no longer being CUSTOMER's Primary Supplier in which case NAPA may terminate this Agreement. c) Each On Site Store location shall be appropriately secured or otherwise maintained separate and apart from the business of CUSTOMER. There shall be no intermingling of CUSTOMER's parts or other inventory with NAPA's parts or inventory. Access to the secured On Site Store(s) shall be restricted to NAPA employees and authorized NAPA representatives only. CUSTOMER'S employees, contractors or agents shall not be permitted to enter the secured On-Site Store area unless accompanied by a NAPA employee or other authorized NAPA representative. CUSTOMER hereby assumes and shall bear any and all risk of loss or damage from any cause to the Inventory and other personal property located in the On Site Store(s), except for loss or damage arising out of the acts, errors or omissions of NAPA. NAPA shall invoice CUSTOMER for any such loss of or damage to the Inventory and/or other personal property located in the On Site Store(s), and CUSTOMER shall pay such invoiced amount to NAPA in accordance with the payment terms set forth in Section 7 below. d) CUSTOMER shall, at all times during the term of this Agreement, at CUSTOMER'S sole expense, maintain in good condition and repair(so as to prevent any damage or injury to NAPA's employees, the Inventory or other personal property located in the On Site Store(s)) the roof, exterior walls, foundation, and structural portions of the On Site Store(s) and all portions of the electrical and plumbing systems lying outside of the On Site Store(s)but serving the On Site Store(s). e) CUSTOMER shall provide information regarding fleet changes to NAPA as soon as possible. Fleet changes include but are not limited to the removal of types of vehicles from the fleet and the addition of new vehicles to the fleet. 6. ALTERNATIVE SUPPLIERS. Each On Site Store may be serviced by a NAPA Owned Store or a NAPA Jobber. CUSTOMER acknowledges that whether it will be serviced by a NAPA Owned Store or a NAPA Jobber will be determined by NAPA, in its sole discretion, and that if CUSTOMER is to be serviced by a NAPA Jobber, then such NAPA Jobber must evidence its desire to abide by the terms of this Agreement by entering into an Assignment in the form of Exhibit A hereto. 7. PAYMENT TERMS/PRICING. NAPA shall invoice the CUSTOMER for all Inventory purchased pursuant to this Agreement on a monthly basis according to the pricing plan below. CUSTOMER agrees to pay the entire amount of all statements received from NAPA by the 25th day of the month following receipt of any such statement. If CUSTOMER has not paid the entire amount of all statements received from NAPA within 10 days of the 25th day of the month following receipt of such invoice, CUSTOMER shall be put on COD until such amount is paid in full. No prompt pay discount is available under this Agreement. Sourcewell Contract 198 There are three pricing options available to CUSTOMER. Those pricing options are Pricing Option #1 (Management Fee), Pricing Option #2a (10% Gross Profit on Products/Monthly Operating Expenses), and Pricing Option #2b (Higher Gross Profit on Products/No Monthly Operating Expenses). The pricing option for this Agreement must be indicated by CUSTOMER initials,below. PRICING OPTION#1 (MANAGEMENT FEE) CUSTOMER INITIALS: The overall objective of CUSTOMER's pricing plan is for: (i)NAPA to provide Products in accordance with the Pricing Plan Summary set forth below, (ii) NAPA to provide Outside Services in accordance with the Pricing Plan Summary set forth below, (iii) reimbursement by CUSTOMER of each On Site Store's operating expenses, and (iv) payment by CUSTOMER of the Management Fee (as defined below). By billing CUSTOMER for these four categories, NAPA's On Site Store(s) will achieve its target ten percent(10%)net profit for the Agreement(the"Net Profit Target"). These categories are defined as follows: a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; and 2) "Non NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA pursuant to this Agreement. The pricing of NAPA Product and Non- NAPA Product shall be billed in accordance with the Pricing Plan Summary defined below. b) Outside Services Price. Outside Services are those services not traditionally performed by NAPA. The pricing of Outside Services shall be billed in accordance with the Pricing Plan Summary defined below. c) Operational Expenses. Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, Sourcewell Contract 199 and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B Corporate Allocation Expenses") which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel to focus more attention on serving the On-Site Store operations, and maximizing on-site cost efficiency. d) Management Fee. CUSTOMER shall be billed a Management Fee (as defined below) on a monthly basis in accordance with the terms below. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost Non-NAPA Product Billed to CUSTOMER at NAPA's current product Price acquisition cost Outside Services Price Billed to CUSTOMER at NAPA's cost Operational Expenses Billed to CUSTOMER in accordance with Section 7(c) above. Management Fee Billed to CUSTOMER in accordance with the terms below Net Profit Target 10% net profit for the NAPA On Site Store(s) after Products, Outside Services, Operational Expenses, and Management Fee are billed to CUSTOMER. NAPA Product shall be billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost. Non-NAPA Product shall be billed to CUSTOMER at NAPA's current product Sourcewell Contract 200 acquisition cost, and Outside Services shall be billed to CUSTOMER at NAPA's cost. CUSTOMER is solely responsible for improper or inappropriate instructions by CUSTOMER's employees to NAPA regarding NAPA's purchases of nontraditional parts or services, unless CUSTOMER provided prior written notice to NAPA of parts or services that may not be procured by NAPA in relation to this Agreement. Operational Expenses will be charged to CUSTOMER in accordance with Section 7(c) above,with all such charges for Operational Expenses to be included in CUSTOMER's monthly billing statement. CUSTOMER will be billed at the end of each month for Operational Expenses on an"in arrears"basis. CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to ten percent (10%) of the Total Monthly Net Sales (as defined below) during the preceding month (the "Management Fee"). For purposes hereof, "Total Monthly Net Sales" means the total dollar amount of all Products (both NAPA and Non-NAPA) and Outside Services sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. CUSTOMER and NAPA mutually agree that CUSTOMER'S maximum annual payment obligation for all Products, Outside Services, Operational Expenses and Management Fees billed to CUSTOMER pursuant to this Section 7 shall be set at $per annum; and CUSTOMER has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the contract. CUSTOMER INITIALS PRICING OPTION #2a (10% GROSS PROFIT ON PRODUCTS / MONTHLY OPERATING EXPENSES) CUSTOMER INITIALS: The overall objective of CUSTOMER's pricing plan is for NAPA to provide Products in accordance with the agreed upon Pricing Plan Summary set forth below and reimbursement by CUSTOMER of each On Site Store's operating expenses. By billing CUSTOMER for these two categories, NAPA's On Site Store(s) will achieve its target ten percent(10%)net profit for the Agreement(the"Net Profit Target"). These categories are defined as follows: a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; and 2) "Non NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA pursuant to this Agreement. The pricing of NAPA Product and Non- Sourcewell Contract 201 NAPA Product shall be billed in accordance with the Pricing Plan Summary defined below. b) Operational Expenses. Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B Corporate Allocation Expenses")which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel to focus more attention on serving the On-Site Store operations, and maximizing on-site cost efficiency. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER at a 10%gross profit rate The formula for NAPA Product Price for CUSTOMER is the Current NAPA Jobber Acquisition Cost divided by 90) This formula will achieve the gross profit rate set forth above. Example: Current NAPA Jobber Acquisition Cost is $1.00. CUSTOMER's price would be 1.00/.90=$1.11 Non-NAPA Product Price Billed to CUSTOMER at a 10%gross profit rate The formula for Non-NAPA Product Price for CUSTOMER is NAPA's current product acquisition cost divided by .90) This formula will achieve the gross profit rate set forth above. Example: current product acquisition Sourcewell Contract 202 cost is $1.00. CUSTOMER's price would be 1.00/.90=$1.11 Operational Expenses Billed to CUSTOMER in accordance with Section 7(b) above. Net Profit Target 10% net profit for the NAPA On Site Store(s) after Products and Operational Expenses are billed to CUSTOMER. Both NAPA Product and Non-NAPA Product shall be set by NAPA to yield a gross profit of ten percent (10%). Operational Expenses will be charged to CUSTOMER in accordance with Section 7(b) above, with all such charges for Operational Expenses to be included in CUSTOMER's monthly billing statement. CUSTOMER will be billed at the end of each month for Operational Expenses on an"in arrears"basis. CUSTOMER and NAPA mutually agree that CUSTOMER'S maximum annual payment obligation for all Products and Operational Expenses billed to CUSTOMER pursuant to this Section 7 shall be set at $per annum; and CUSTOMER has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the contract. CUSTOMER INITIALS In addition, NAPA may use any sub-contractor for the procurement of "outside" services (i.e., those services not traditionally performed by NAPA), and CUSTOMER will be billed an additional charge for any such purchases so as to yield NAPA a ten percent (10%) gross profit on such purchases. CUSTOMER must provide pre-approval in writing of such outside service purchases. CUSTOMER is solely responsible for improper or inappropriate instructions by CUSTOMER's employees to NAPA regarding NAPA's purchases of nontraditional parts or services, unless CUSTOMER provided prior written notice to NAPA of parts or services that may not be procured by NAPA in relation to this Agreement. PRICING OPTION #2b (HIGHER GROSS PROFIT ON PRODUCTS / NO MONTHLY OPERATING EXPENSES) CUSTOMER INITIALS: The overall objective of CUSTOMER's pricing plan is for NAPA to provide Products in accordance with the agreed upon Pricing Plan Summary set forth below. By billing CUSTOMER for the Products, NAPA's On Site Store(s) will achieve its target ten percent (10%) net profit for the Agreement (the "Net Profit Target"). CUSTOMER's pricing plan is comprised of the following elements: Sourcewell Contract 203 a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; and 2) "Non NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA pursuant to this Agreement. The pricing of NAPA Product and Non- NAPA Product shall be billed in accordance with the Pricing Plan Summary defined below. b) Operational Expenses. Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B Corporate Allocation Expenses")which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel to focus more attention on serving the On-Site Store operations, and maximizing on-site cost efficiency. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER on a"9074 NAPA Pricing Profile" Non-NAPA Product Price Billed to CUSTOMER at a 25%gross profit rate The formula for Non-NAPA Product Price for Sourcewell Contract 204 CUSTOMER is NAPA's current product acquisition cost divided by .75) This formula will achieve the gross profit rate set forth above. Example: current product acquisition cost is $1.00. CUSTOMER's price would be 1.00/.75=$1.33 Operational Expenses Paid entirely by NAPA Net Profit Target Amounts will be refunded or charged based on the failure or achievement of an overall 10% net profit for the previous month. NAPA Product shall be billed to CUSTOMER based on a "9074 NAPA Pricing Profile" which has been provided to CUSTOMER in connection with this Agreement. Non-NAPA Product shall be billed by NAPA to yield a gross profit of twenty-five percent(25%). All Operational Expenses shall be borne by NAPA. Sales at each On Site Store location will be reviewed after the first ninety (90) days of operation and on a month by month basis thereafter to ensure a ten percent 10%) net profit for NAPA. If monthly sales at each On Site Store, independently as opposed to in the aggregate, are producing more than a ten percent (10%) net profit for NAPA,NAPA will pay to CUSTOMER, via a refund check, the overage. Conversely, if NAPA's net profit for the preceding month is less than ten percent (10%), NAPA will bill CUSTOMER for the deficiency. CUSTOMER and NAPA mutually agree that CUSTOMER'S maximum annual payment obligation for Products billed to CUSTOMER pursuant to this Section 7 shall be set at $per annum; and CUSTOMER has encumbered such amount to cover this potential liability. The parties agree to mutually work together to adjust the amount if such amount must be increased during the term of the contract. CUSTOMER INITIALS In addition, NAPA may use any sub-contractor for the procurement of"outside" services (i.e., those services not traditionally performed by NAPA), and CUSTOMER will be billed an additional charge for any such purchases so as to yield NAPA a twenty- five percent (25%) gross profit on such purchases. CUSTOMER must provide pre- approval in writing for such outside service purchases. CUSTOMER is solely responsible for improper or inappropriate instructions by CUSTOMER's employees to NAPA regarding NAPA's purchases of nontraditional parts or services, unless CUSTOMER provided prior written notice to NAPA of parts or services that may not be procured by NAPA in relation to this Agreement. 8. INSURANCE. a) CUSTOMER shall maintain during the term of this Agreement workers' compensation insurance for its employees and general liability insurance covering its Sourcewell Contract 205 property. NAPA acknowledges that CUSTOMER may elect to self-insure such obligations. b) NAPA shall maintain during the term of this Agreement workers' compensation insurance coverage for its employees located at the On Site Store(s) in amounts required by law. In addition, NAPA shall maintain personal property insurance during the term of this Agreement in an amount sufficient to cover any loss or damage to the Inventory and any other personal property owned by NAPA that is located at the On Site Store(s). 9. NO LIENS. CUSTOMER warrants that it shall take no action, including but not limited to the granting of a security interest, or fail to take any action, which would operate or does operate in any way to encumber the Inventory of NAPA located in the On Site Store(s). 10. PERSONNEL. NAPA and CUSTOMER shall attempt in good faith to mutually agree upon the identity of the persons that will be selected to staff the On Site Store(s). In the event that CUSTOMER for any reason wishes to remove or replace any of the NAPA personnel in the On Site Store(s),the parties will attempt to resolve CUSTOMER's request by mutual agreement. 11. WARRANTY/LIABILITY DISCLAIMER. All Products supplied pursuant to this Agreement are subject to the terms of written warranties provided by the manufacturer of each Product, and NAPA shall use reasonable commercial efforts to assist the CUSTOMER in processing all warranty claims that the CUSTOMER may have against a manufacturer. The manufacturer's warranty will be the sole and exclusive remedy of the CUSTOMER in connection with any claims concerning the Products supplied to CUSTOMER pursuant to this Agreement. ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. Copies of the manufacturers' warranties are available to CUSTOMER upon request. For suppliers (or categories of suppliers) of Non-NAPA Products that CUSTOMER instructs NAPA to utilize or consider for future purchases, NAPA is under no obligation to (and NAPA disclaims all liability in connection with) investigate product quality, management, ownership, reputation, certifications, qualifications, price competitiveness, or any other related characteristics of the products, individuals or entities at issue. 12. TERMINATION. a) Termination for Cause. This Agreement may be terminated immediately, unless otherwise stated in this Section 12(a),by either party for cause: i) In the event that the other party fails or refuses to pay any amounts Sourcewell Contract 206 due under this Agreement and such failure continues for ten(10) days; ii) In the event that the other party fails or refuses to perform any other obligation required under this Agreement, and such failure or refusal continues for thirty(30) days after written notice thereof; or iii) In the event that the other party files any bankruptcy petition, has any bankruptcy petition filed against it, makes any assignment of its assets for the benefit of creditors, or admits in writing its inability to pay its debts as they become due. b) Termination for Convenience. Upon thirty (30) calendar days written notice to NAPA, CUSTOMER may, without cause and without prejudice to any other right or remedy, terminate this Agreement for CUSTOMER's convenience. Where the Agreement is terminated for the convenience of CUSTOMER, the notice of termination to NAPA, must state that the Agreement is being terminated for the convenience of CUSTOMER under this termination clause and the effective date of the termination. Likewise, upon sixty (60) calendar days written notice to CUSTOMER, NAPA may, without cause and without prejudice to any other right or remedy, terminate this Agreement for NAPA's convenience. Where the Agreement is terminated for the convenience of NAPA, the notice of termination to CUSTOMER, must state that the Agreement is being terminated for the convenience of NAPA under this termination clause and the effective date of the termination. NAPA shall be paid for the services up to and including the effective date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. NAPA shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 13. EFFECT OF TERMINATION. Immediately upon termination, expiration,or non-renewal of this Agreement for any reason: a) All duties, responsibilities and other obligations of each party hereunder shall terminate, except for the payment of any amounts due and owing to NAPA at the time of termination, expiration, or non-renewal. b) Each party shall immediately return to the other party all equipment, software, books, records, tools and any other personal property owned by the other party that are in such party's possession. CUSTOMER shall allow NAPA full and unrestricted access to enter into the On Site Store(s) and immediately remove all equipment and other items of personal property owned by NAPA without being deemed guilty of trespass or any other violation of the law. All inventory records, sales history, sales analysis and all other information generated by NAPA under this Agreement will be returned to CUSTOMER. Sourcewell Contract 207 Nothing contained in this Section shall be deemed a waiver of, or in any other manner impair or prejudice, any other legal rights that either party may have against the other party for any breach of this Agreement. The provisions and obligations of Sections 9, 11, 13, 14, 15, 16, and 22 shall survive the termination, expiration, or non-renewal of this Agreement for any reason. 14. BUY-BACK OF INVENTORY. Upon termination, expiration, or non- renewal of this Agreement, NAPA shall have the option to require CUSTOMER to purchase all non-NAPA Inventory owned by NAPA and located in each On Site Store at NAPA's On Site Store's current product acquisition cost, and CUSTOMER shall have the option to purchase all NAPA Inventory, owned by NAPA and located in each On Site Store at the Current NAPA Jobber Acquisition Cost. Upon CUSTOMER's request, NAPA shall provide CUSTOMER with a listing of all NAPA and non-NAPA Inventory owned by NAPA and located in the On Site Store(s). CUSTOMER INITIALS: 15. INDEMNIFICATION. NAPA shall be responsible for and shall indemnify and hold CUSTOMER harmless from and against all damages, claims or demands that may, during the term of this Agreement, arise or be occasioned by the negligent or intentional acts of NAPA or NAPA's employees. 16. NOTICES. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be hand-delivered in person or sent by overnight mail through a reputable service, or by certified mail, return receipt requested,to the addresses set forth below: As to NAPA: 2999 Wildwood Parkway Atlanta, GA 30339 Attn: General Counsel As to CUSTOMER: Legal (Breach) 4th Floor City Hall 100 E Ocean Ave. Boynton Beach, FL 33435 Finance(Notifications) 4th Floor City Hall 100 E Ocean Ave. Boynton Beach, FL 33435 Invoices(Public Works) 222 NE 9th Ave. Boynton Beach, FL 33435 Sourcewell Contract 208 Each such notice shall be deemed delivered (i) on the date of receipt if delivered by hand or overnight courier service or (ii) on the date three (3) business days after depositing with the United States Postal Service if mailed by registered or certified mail. Either party may change its address specified for this notice by giving the other party at least ten 10)days written notice in accordance with this Section 16. 17. FORCE MAJEURE/DAMAGE OF PREMISES. a) Whenever performance by either party of any of their respective obligations (other than the obligation to make payment of money due hereunder) is substantially prevented by reason of any act of God, other industrial or transportation disturbance, fire, floods, riots, acts of enemies, national emergencies, pandemics, or by any other cause not within the reasonable control of such party and not occasioned by its negligence, then such performance shall be excused and the performance of such obligations under this Agreement shall be suspended for the duration of such prevention and for a reasonable time thereafter; provided that the foregoing in this Section 17 shall not apply to obligations relating to the payment of money. b) NAPA may terminate this Agreement immediately in the event that the CUSTOMER's premises are damaged by any casualty, or such portion of the premises is condemned by any legally constituted authority, such as will make the CUSTOMER's premises unusable for the On Site Store(s) in the reasonable judgment of NAPA. 18. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective officers, directors, employees, successors and assigns. Notwithstanding the foregoing, the rights and obligations of either party to this Agreement may not be assigned without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld. 19. AMENDMENTS. No amendment to this Agreement shall be binding on either party hereto unless such amendment is in writing and executed by both parties with the same formality as this Agreement is executed. 20. NO WAIVER OF RIGHTS. No failure of either party hereto to exercise any power given such party hereunder or to insist upon strict compliance by the other party to its obligations hereunder, and no custom or practice of the parties in variance with the terms hereof, shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Notwithstanding the same,only waivers made in writing shall be valid and enforceable. 21. LIMITATIONS ON RIGHTS OF THIRD PARTIES. All obligations of a party under this Agreement are imposed solely and exclusively for the benefit of the parties, and no other person shall, under any circumstances, be deemed to be a beneficiary of such obligations. Sourcewell Contract 209 22. LIMITATION OF LIABILITY. WHILE NOT APPLICABLE TO BREACHES OF CONFIDENTIALITY PROVISIONS, THE PARTIES HEREBY DISCLAIM ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES IN ANY WAY RELATED TO THIS AGREEMENT, THEIR OTHER BUSINESS RELATIONSHIPS, OR THE TRANSACTIONS CONTEMPLATED HEREIN. 23. INDEPENDENT CONTRACTOR. The parties hereto are independent contractors. Nothing in this Agreement shall create or shall be deemed to create any fiduciary relationship or the relationship of principal and agent, partnership, joint venturers or any other similar or representative relationship between the parties hereto. 24. CHOICE OF LAW. This Agreement shall be construed and interpreted under the laws of the State of Florida. 25. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 26. SECTION HEADINGS. Section titles or captions contained herein are inserted only as a matter of convenience for reference and in no way define, limit, extend, or describe the scope hereof or the intent of any provision hereof. 27. SEVERABILITY. In the event any part of this Agreement shall be finally determined by a court of law to be illegal or unenforceable for any reason, then that illegal or unenforceable part shall be severed from the Agreement, and the remaining terms shall continue in full force and effect. 28. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto and no prior representation, inducement, promise or agreement, oral or written, between the parties not embodied herein shall be of any force and effect. 29. AMENDMENT TO INTEGRATED SUPPLY AGREEMENT. Simultaneous with the execution of this Agreement, NAPA and CUSTOMER shall execute that certain Amendment to Integrated Supply Agreement dated as of even date herewith, attached hereto as Exhibit D. 30. REOUIRED TERMS AND CONDITIONS PER FLORIDA STATUTE. NAPA shall comply with those certain required terms and conditions per Florida Statute which are set forth on Exhibit E attached hereto. Signatures Appear on Next Page] Sourcewell Contract 210 IN WITNESS WHEREOF, the parties hereto cause their hands and seals to be affixed by their duly-authorized representatives effective as of the date and year first above written. GENUINE PARTS COMPANY By: Name: Title: CITY OF BOYNTON BEACH, FLORIDA By: Name T ( e--\ Du1r Title: -1 ancv SOURCEWELL CONTRACT 211 EXHIBIT A ASSIGNMENT See attached. SOURCEWELL CONTRACT 212 ASSIGNMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, GENUINE PARTS COMPANY, a Georgia corporation (hereinafter "Assignor"), hereby assigns, transfers, sets over and delivers to JOBBER], a hereinafter "Assignee"), all of Assignor's rights, obligations and interest, including any options to renew or extend the contract term, in those certain location(s) as set forth below, as governed by the Integrated Supply Agreement dated by and between Genuine Parts Company and CUSTOMER] (the Integrated Supply Agreement"). Location(s): Assignee hereby accepts the assignment of the Integrated Supply Agreement, agrees to provide the services and perform all other obligations required to be performed by"NAPA" in said Integrated Supply Agreement at the times and in the manner set forth in said Integrated Supply Agreement, and shall be bound by all other terms, covenants and conditions of said Integrated Supply Agreement with regard to the location(s) set forth above, all with the same force and effect as if Assignee were originally named as NAPA"therein. CUSTOMER] hereby consents to the above assignment of the Integrated Supply Agreement on the terms set forth herein and hereby agrees to release and discharge Assignor from any further obligation or liability under the Integrated Supply Agreement and to look solely to Assignee as the responsible party under the Integrated Supply Agreement for all liabilities or obligations arising from and after the effective date of this assignment. The parties hereto agree that the assignment as set forth herein shall be effective as of 12:01 a.m. on Signatures appear on following page] Sourcewell Contract 213 IN WITNESS WHEREOF, the undersigned have set their hands this day of 20 ASSIGNOR: ASSIGNEE: GENUINE PARTS COMPANY JOBBER] By: By: Name: Name: Its: Its: Agreed and acknowledged: CUSTOMER] By: Name: Its: Sourcewell Contract 214 EXHIBIT B SAMPLE PROFIT AND LOSS STATEMENT See attached. SOURCEWELL CONTRACT 215 EXHIBIT C SOURCEWELL CONTRACT A copy of the Sourcewell contract may be found at: https://www.sourcewell- mn.gov/cooperative-purchasing/110520-gpc. SOURCEWELL CONTRACT 216 EXHIBIT D AMENDMENT TO INTEGRATED SUPPLY AGREEMENT See attached. Sourcewell Contract 217 EXHIBIT E REQUIRED TERMS AND CONDITIONS PER FLORIDA STATUTE See attached. Sourcewell Contract 218 219 AMENDMENT TO INTEGRATED SUPPLY AGREEMENT BETWEEN GENUINE PARTS COMPANY AND CITY OF BOYNTON BEACH,FLORIDA THIS AMENDMENT TO INTEGRATED SUPPLY AGREEMENT (this Amendment") is entered into this 1st day of February, 2023 (the "Amendment Effective Date"), by and between GENUINE PARTS COMPANY, a Georgia corporation (d/b/a NAPA Auto Parts) ("NAPA"), and the CITY OF BOYNTON BEACH, FLORIDA CUSTOMER"). WHEREAS,NAPA and CUSTOMER are parties to that certain Integrated Supply Agreement dated as of February 1, 2023 (the"Agreement"); and WHEREAS, NAPA and CUSTOMER desire to amend the Agreement according to the terms set forth below. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NAPA and CUSTOMER hereby agree to amend the Agreement as follows: 1. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. 2.Section 7 of the Agreement is hereby deleted in its entirety and replaced with the following: 7. PAYMENT TERMS/PRICING. NAPA shall invoice the CUSTOMER for all Inventory purchased pursuant to this Agreement on a monthly basis according to the pricing plan below. CUSTOMER shall remit payment to NAPA for all invoices in accordance with the Florida Prompt Payment Act, s. 218.70, et seq., F.S. If CUSTOMER has not paid the entire amount of all statements received from NAPA within 10 days of the due date, CUSTOMER shall be put on COD until such amount is paid in full. No prompt pay discount is available under this Agreement. The overall objective of CUSTOMER's pricing plan is for: (i) NAPA to provide Products in accordance with the Pricing Plan Summary set forth below, (ii) NAPA to provide Outside Services in accordance with the Pricing Plan Summary set forth below, (iii) reimbursement by CUSTOMER of each On Site Store's operating expenses, and (iv) payment by CUSTOMER of the Management Fees as defined below). By billing CUSTOMER for these four categories, NAPA's On Site Store(s) will achieve its target 9.1% net profit for the Agreement (the Net Profit Target"). These categories are defined as follows: Sourcewell Contract 220 a) Product Price. The pricing of the Products to be supplied to CUSTOMER by NAPA pursuant to this Agreement shall be divided into: 1) "NAPA Product Price," which is the pricing of NAPA branded or NAPA cataloged supplier manufactured products; 2) "Non-NAPA Product Price," which is the pricing of products which have not been manufactured by NAPA suppliers or do not exist in NAPA's proprietary catalog system but which have been acquired for CUSTOMER by NAPA pursuant to this Agreement; 3) "Tire Price", which is the pricing of tires Tires") supplied to CUSTOMER under this Agreement; and 4) "Bulk Fluid Price," which is the pricing of a liquid product (i.e. oil, antifreeze, hydraulic fluid, etc.) stored in tanks or containers having an individual fill capacity of 50 gallons or more ("Bulk Fluid"). The pricing of NAPA Product, Non-NAPA Product, Tires, and Bulk Fluid shall be billed in accordance with the Pricing Plan Summary defined below. b) Outside Services Price. Outside Services are those services not traditionally performed by NAPA. The pricing of Outside Services shall be billed in accordance with the Pricing Plan Summary defined below. c) Operational Expense& Any and all costs and expenses associated with the operation of the On Site Store(s), including, but not limited to, vehicle gas and maintenance costs, salary and benefits payable to NAPA employees at the On Site Store(s), worker's compensation benefits and insurance, unemployment insurance, personal property insurance for the On Site Store(s) and Inventory, any deductible for losses covered under the personal property, automobile liability, or general liability insurance policies of NAPA, all equipment supplied by NAPA, Corporate Allocation Expenses (as defined below), inventory investment expense, obsolescence expense, pension funding costs, accounting fees, general office expenses, and shared service expenses. An example of a profit and loss statement reflecting such costs and expenses is attached hereto as Exhibit B. CUSTOMER acknowledges and agrees that the costs and expenses reflected on the profit and loss statement set forth on Exhibit B are subject to change based on actual monthly costs, expenses or Corporate Allocation Expenses incurred relative to the operation of the On Site Store(s). To achieve economies of scale, NAPA utilizes certain headquarter and corporate personnel to assist in the performance of this Agreement. As a result, each On Site Store location is charged certain corporate allocation expenses for various line items shown on Exhibit B Corporate Allocation Expenses")which are calculated as a percentage of total Product sales for each month. As such, there is not a supportive invoice for such expenses other than a monthly allocation rate statement. These Corporate Allocation Expenses allow NAPA to have fewer employees performing routine general administrative tasks such as paper work and filing at the On Site Store(s), allowing NAPA counter personnel Sourcewell Contract 221 to focus more attention on serving the On-Site Store operations, and maximizing on-site cost efficiency. d) Management Fees. CUSTOMER shall be billed the Management Fees (as defined below) on a monthly basis in accordance with the terms below. PRICING PLAN SUMMARY NAPA Product Price Billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost Non-NAPA Product Billed to CUSTOMER at NAPA's current product Price acquisition cost Outside Services Price Billed to CUSTOMER at NAPA's cost Tire Price Tires that are NAPA branded or exist in NAPA's proprietary catalog system will be billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost. Tires that are non-NAPA branded or do not exist in NAPA's proprietary catalog system will be billed to CUSTOMER at NAPA's current product acquisition cost. Bulk Fluid Price Bulk Fluid that is NAPA branded or exists in NAPA's proprietary catalog system will be billed to CUSTOMER at the Current NAPA Jobber Acquisition Cost. Bulk Fluid that is non-NAPA branded or does not exist in NAPA's proprietary catalog system will be billed to CUSTOMER at NAPA's current product acquisition cost. Operational Expenses Billed to CUSTOMER in accordance with Section 7(c) above. Management Fees Billed to CUSTOMER in accordance with the terms below Net Profit Target 9.1% net profit for the NAPA On Site Store(s) after Products, Outside Services, Operational Expenses, and Management Fees are billed to CUSTOMER. The pricing of NAPA Product, Non-NAPA Product, Tires, Bulk Fluids and Outside Services shall be billed in accordance with the Pricing Plan Summary defined above. Sourcewell Contract 222 Operational Expenses will be charged to CUSTOMER in accordance with Section 7(c) above, with all such charges for Operational Expenses to be included in CUSTOMER's monthly billing statement. CUSTOMER will be billed at the end of each month for Operational Expenses on an"in arrears"basis. Additionally, CUSTOMER shall pay to NAPA on a monthly basis the following management fees (collectively, the"Management Fees"): i) NAPA Product, Non-NAPA Product, and Outside Services with an acquisition cost less than $2,500 per unit: CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to ten percent (10%) of the total dollar amount of all NAPA Products, Non-NAPA Products, and Outside Services with an acquisition cost less than $2,500 per unit sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. ii)NAPA Product, Non NAPA Product, and Outside Services with an acquisition cost equal to or greater than $2,500 but less than $5,000 per unit: CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to seven percent 7%) of the total dollar amount of all NAPA Products, Non-NAPA Products, and Outside Services with an acquisition cost equal to or greater than $2,500 but less than $5,000 per unit sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. iii) NAPA Product, Non-NAPA Product, and Outside Services with an acquisition cost equal to or greater than $5,000 per unit: CUSTOMER shall pay to NAPA on a monthly basis a management fee equal to five percent (5%) of the total dollar amount of all NAPA Products, Non-NAPA Products, and Outside Services with an acquisition cost equal to or greater than $5,000 per unit sold to the CUSTOMER during the preceding month at the prices set forth in the pricing plan summary above less purchase returns. iv) Tires: CUSTOMER shall pay to NAPA a management fee equal to five percent (5%) of the total dollar amount of all Tires sold to the CUSTOMER during the preceding month at the Tire Price (as set forth in the pricing plan summary above)less purchase returns. v) Bulk Fluid: CUSTOMER shall pay to NAPA a management fee equal to five percent (5%) of the total dollar amount of all Bulk Fluid sold to the CUSTOMER during the preceding month at the Bulk Fluid Price(as set forth in the pricing plan summary above)less purchase returns. By way of example and in an effort to provide clarity to the above management fee structure, if three batteries (batteries x, y, and z) were sold to CUSTOMER under a single order and battery x had an acquisition cost of$1,500,battery y had Sourcewell Contract 223 an acquisition cost of $3,000 and battery z had an acquisition cost of $5,500, battery x would be assessed the 10% management fee, battery y would be assessed the 7% management fee and battery z would be assessed the 5% management fee. For the avoidance of any doubt, acquisition cost as used in this Management Fees paragraph means Current NAPA Jobber Acquisition Cost for NAPA Products, NAPA's current product acquisition cost for Non-NAPA Products and NAPA's cost for Outside Services. 3.Except as amended herein, all other terms and conditions of the Agreement shall remain unaltered and the Agreement remains in effect, enforceable against each of the parties and is hereby ratified and acknowledged by each of the parties. 4. This Amendment and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law rules. 5. This Amendment may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original,but all such counterparts shall together constitute but one and the same instrument. Signatures appear on following page/ Remainder of page intentionally left blank] Sourcewell Contract 224 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be made and executed by their duly-authorized representatives effective as of the Amendment Effective Date. GENUINE PARTS COMPANY By: Name: Title: CITY OF BOYNTON BEACH, FLORIDA By: Name a s Title: I Sourcewell Contract 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 110520-GPC Rev. 8/2020 1 Solicitation Number: RFP #110520 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Genuine Parts Company d.b.a. NAPA Integrated Business Solutions, 2999 Wildwood Parkway, Atlanta, GA 30339 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 29, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in 257 110520-GPC Rev. 8/2020 2 Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. All products supplied to a Participating Entity under the Contract are subject to the terms of written warranties provided by the manufacturer of each product, and Vendor shall use reasonable commercial efforts to assist the Participating Entity in processing all warranty claims that the Participating Entity may have against a manufacturer. The manufacturer’s warranty will be the sole and exclusive remedy of the Participating Entity in connection with any claims concerning the products supplied under the Contract. Copies of the manufacturers’ warranties will be made available to the Participating Entity upon request. Vendor will pass through all available warranty benefits from the applicable manufacturer to the Participating Entity to the extent permitted by contract or law. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable 258 110520-GPC Rev. 8/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 259 110520-GPC Rev. 8/2020 4 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 260 110520-GPC Rev. 8/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: 261 110520-GPC Rev. 8/2020 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the 262 110520-GPC Rev. 8/2020 7 address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 263 110520-GPC Rev. 8/2020 8 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of violation of applicable patent or copyright laws related to intellectual property rights owned, or represented as owned, by Vendor. Vendor will not provide copyright, trademark, or patent indemnity to Sourcewell or its Participating Entities for Equipment or Products supplied under the Contract which Vendor does not manufacture. Vendor will use reasonable commercial efforts to assist the Participating Entity in prosecuting any infringement indemnification claim against the applicable manufacturer. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: 264 110520-GPC Rev. 8/2020 9 a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. 265 110520-GPC Rev. 8/2020 10 D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 266 110520-GPC Rev. 8/2020 11 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages permitted by the Contract. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 267 110520-GPC Rev. 8/2020 12 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or 268 110520-GPC Rev. 8/2020 13 “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 269 110520-GPC Rev. 8/2020 14 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications provided that any such additional requirements must be accepted in writing by Vendor for any such requirements to be binding on Vendor. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report 270 110520-GPC Rev. 8/2020 15 all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 271 110520-GPC Rev. 8/2020 16 §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. Vendor does not guarantee compliance with the Buy American Act, except as may be negotiated with the Participating Entity on a case-by-case basis where compliance is required. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. 272 110520-GPC Rev. 8/2020 17 L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Vendor does not guarantee compliance with Section 6002 of the Solid Waste Disposal Act, except as may be negotiated with the Participating Entity on a case-by-case basis where compliance is required. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Genuine Parts Company d.b.a. NAPA Integrated Business Solutions By: __________________________ By: __________________________ Jeremy Schwartz Jett Kuntz Title: Director of Operations & Procurement/CPO Title: Vice President NAPA Fleet & IBS Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date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id Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutions 274 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DQ\WKLQJௐHOVHௐVRௐWKH\ௐZRQ¶WௐUXQௐRXWௐZKHQௐLWௐPDWWHUVௐPRVWௐ$OVRௐEHFDXVHௐRIௐRXUௐ QDWLRQDOௐIRRWSULQWௐDQGௐGLVWULEXWLRQௐIRXQGDWLRQௐZHௐFDQௐSURPLVHௐWKDWௐQRௐLQGLYLGXDOௐ HPHUJHQF\ௐZLOOௐWDNHௐDZD\ௐRXUௐDELOLW\ௐWRௐVXSSRUWௐ6RXUFHZHOOௐPHPEHUVௐ:HௐDOZD\Vௐ KDYHௐWKHௐFDSDELOLW\ௐWRௐVRXUFHௐIURPௐVRPHZKHUHௐHOVHௐLIௐDQ\ௐSDUWLFXODUௐORFDWLRQௐLVௐ DIIHFWHG :KLOHௐZHௐZLOOௐDOZD\VௐUHVSHFWௐDQGௐGHIHUௐWRௐWKHௐFXVWRPHU¶VௐHPHUJHQF\ௐSROLFLHVௐ*3&ௐ KDVௐDௐGHWDLOHGௐ(PHUJHQF\ௐ3ODQௐLQௐSODFHௐWKDWௐHVWDEOLVKHVௐSURFHGXUHVௐWRௐPLWLJDWHௐWKHௐ HIIHFWVௐRIௐDௐGLVDVWHUௐLQௐDQௐHIIHFWLYHௐDQGௐHIILFLHQWௐPDQQHUௐ2XUௐVWDIIௐLVௐIXOO\ௐWUDLQHGௐDQGௐ KDYHௐH[SHULHQFHௐVHUYLQJௐRXUௐFXVWRPHUVௐPDQDJLQJௐPHGLDௐDQGௐWUDLQLQJௐRWKHUVௐLQௐWKHௐ Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutions 317 Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutions following cases and more: • Flooding • Hurricanes • Fires • HAZMATs • Power Outages • Snow/Ice • Tornado • Pandemic Outbreak Upon opening a new IBS location, our management team will work with our customers to define the critical processes and the minimum staffing levels required to maintain the business operation for a period of weeks following a disaster situation. We will ensure our initiatives are in line with current customer procedures and that they will protect both our and the customer's employees and facilities. In the case of an after-hours emergency that requires additional parts service at an IBS location, we have flexible options for how to manage the situation to accommodate the customer's needs in the best way possible. Some options that we have found to be efficient and successful are below, but we will work with the customer to arrange a plan that fits their protocol and desires. • For large enough government operations, our IBS Site Managers, Area Managers and Project Managers will be available "on call" to assist on-site in an emergency situation where parts service is required. In this situation, all transactions would be approached as normal. • In some cases, we will arrange for a parts allotment to be available to customer staff outside of our parts room operating hours based on proven models in other IBS locations. The IBS Manager will then reconcile the inventory each morning. In any case, it is important to know that our team will be fully trained in our procedures and the customer's and that IBS will always be there to support their fleet in any situation. Additionally, all of our distribution centers and stores stock up on emergency equipment and supplies from NAPA, our other subsidiaries and outside vendors, during high risk periods to make sure we have the customer's needs covered. In addition to the physical needs of a shop during emergency situations, we also have data security practices in place to protect our information and our customers' in the case of instances where data could be affected. We have existing Sourcewell IBS customers who have gone through hurricanes, power outages and more and our data has always been secured and maintained through our backup servers located in Atlanta and Dallas. 70 Describe any training, consultative, and administrative or technical support services that you offer related to your Vendor Managed Inventory or Logistics Management services. We are dedicated to helping productivity in the shop through shop training, IT support and other consulting efforts. NAPA IBS has tools to keep the government/education fleet technicians and fleet managers on the cutting edge of operating their fleets. Technician Training - NAPA IBS Exclusive • NAPA exclusive: Online technician skills assessment • NAPA Training exclusive: Over 200 online tech training modules • NAPA Training Exclusive: Over 50 on-site professional training instructor-led classes • ASE test preparation for shop technicians and shops striving for ASE Blue Seal Certification Technology & Innovation Support • Dedicated NAPA IBS Integrations Team • Local Operational Success Managers • Shop technology consulting • Fast support on all technology issues Stockroom Optimization & Construction • Stockroom schematics and layout consulting • Shelving and storage provisions • Construction project facilitation • Location expansions and consolidations * 318 Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - NAPA Integrated Business Solutions Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability - Question #9 - Genuine Parts Company 2019 Annual Report.pdf - Wednesday October 28, 2020 09:31:24 Marketing Plan/Samples - Marketing Plan Questions #32 & #33 - IBS Website, Print Materials, Digital Promo Samples.pdf - Wednesday October 28, 2020 10:31:26 WMBE/MBE/SBE or Related Certificates - Value-Added Attributes Questions #36 & #39- Training Course Lists, Corporate Sustainability.pdf - Wednesday October 28, 2020 11:19:58 Warranty Information - Question #42 & #68 - IBS HUB Reporting.pdf - Wednesday October 28, 2020 10:55:25 Pricing - Question #49 - Sourcewell Member Contract, Sample Operating Statements, 9074 Pricing Profile.pdf - Wednesday November 04, 2020 09:52:16 Additional Document - Additional Upload - Questions #21, #26, & #60 - Reference Letters, Business Review Sample, Product Line Cards.pdf - Wednesday October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¶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³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI E ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVZZZVDPJRYSRUWDORU F 3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 110520 Vendor Name: Genuine Parts Company - 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NAPA Integrated Business Solutions 321 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases over $100,000 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-185- Approve a Piggyback Agreement with Motorola Solutions to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles in an amount not to exceed $2,406,374.71, which will be paid utilizing a $1,065,185 technology credit with the remaining balance of $1,341,189.71 paid utilizing budgeted dollars. Requested Action: Staff recommends approval of Proposed Resolution No. R24-185. Explanation of Request: The current fleet of Boynton Beach Police radios, procured in 2016, has reached their life expectancy and surpassed their warranties. Since 2016, portable radio technology has evolved with new features and enhancements. A six-month review and testing of the new Motorola Apex radios was conducted, and it was determined that these radios will not only replace the outdated equipment but will offer the Police Department increased safety, reliability, range, and performance. The total price of the replacement radios is $2,406,374.71. The City has an existing technology credit of $1,065,185 with Motorola. The remaining balance of $1,341,189.71 will be paid by the City. Radio pricing has been procured utilizing NASPO Contract No. 00318, which complies with the City's procurement requirements. How will this affect city programs or services? The Motorola Apex radios will provide the City with enhanced safety and technical features unavailable with the sun-setting radio equipment for portables and communications center consoles. A few of these features include: 1. Real-time location tracking (to include elevation when in multi-level buildings) of the radios allows dispatch personnel to direct assistance to officers who may have moved away from their patrol vehicle and needs assistance or during a medical emergency. 2. The Apex can switch to cellular service automatically if the radio cannot transmit on RF frequency. This provides statewide coverage and failover during a radio tower outage or severe weather event. They can also be used if the department is deployed out of the City for mutual aid. 3. The Apex can collect analytical data on patrol operations and patrol geo fence mapping. 4. Officers and other users can voice announce the channel they need to switch to without 322 looking down or taking their attention off a subject or incident. 5. Over-the-air programming: reduced downtime of officers and radios to facilitate programming and updates. 6. Adjacent agency channels can also be programmed into the radio remotely when that access is provided. 7. The radios have a better display of the radio status that is easy to ready for the officers. 8. Unconditional warranty for all failures, including accidental damage. Regardless of how it was damaged. 9. More rugged design provides increased resistance to heat, sunlight, and harsh environments from previous models. 10. Improved battery life and faster charging rates keep devices in service longer. 11. Ambient noise reduction provides clearer audio transmissions. 12. Data from the new radios will be displayed in the RTCC for better deployment and supervision during special events and other incidents. The same analytical data will also be displayed. 13. New communications consoles will provide enhanced features to communicate with the radio system and utilize the latest encryption technology. 14. New consoles will provide better voice clarity and reliability to the 911 communications center. Fiscal Impact: The total cost for this contract is $2,406,374.71. A technology credit of $1,065,185 will be utilized leaving a total amount of $1,341,189.71. Attachments: R24-185 Agenda_Item_1712-2023_Resolution_for_Motorola_Solutions_Piggyback.docx Exhibit A to Resolution - Piggyback Agreement - Motorola _7.29.24__.pdf Exhibit A to Piggyback Amt- Motorola executed.pdf Exhibit B to Piggyback Agmt - QUOTE-2587324-7BBPD- FLEETREPLACEMENT(217APXN70)-07302024.pdf Quote dated 6-10-24.pdf BBPD - USFL24P041_BOYNTON BEACH, CITY OF - ADD TWO DISPATCH CONSOLES POSITIONS - 2024_Prop_07302024.pdf BOYNTON BEACH PROPOSAL EXECUTIVE SUMMARY - JULY.pdf BBPD - NOTICE TO PROCEED - NTP - JUNE 2024.pdf R22-176.pdf Change Order.pdf 323 RESOLUTION NO. R24-1851 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 4 MOTOROLA SOLUTIONS, INC., FOR THE REPLACEMENT OF HANDHELD 5 RADIOS, UPGRADING EXISTING DISPATCH RADIO CONSOLES, AND 6 PURCHASING TWO ADDITIONAL DISPATCH RADIO CONSOLES; AND FOR 7 ALL OTHER PURPOSES. 8 9 WHEREAS,the State of Washington, acting by and through National Association of State 10 Procurement Officials (NASPO) ValuePoint, competitively procured Public Safety Communication 11 Products, Services, and Solutions (“Public Safety Radio”) and executed Contact No. 00318, a five 12 (5) year agreement (the “State of Washington Agreement”), commencing January 1, 2022, with 13 two (2) additional one-year renewal options; and14 WHEREAS, the City desires to replace handheld radios, upgrade existing dispatch radio15 consoles, and purchase two additional dispatch radio consoles; and16 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 17 provides authority for the City to acquire or contract for services without utilizing a sealed18 competitive method or the written quotations methods where the desired services are the subject19 of an agreement that utilizes another government entity’s contract, provided that the contract 20 was awarded based strictly on competitive bidding; and21 WHEREAS, to replace handheld radios, upgrade existing dispatch radio consoles, and 22 purchase two additional dispatch radio consoles for the City’s Police department and other goods 23 and services on an as-needed basis (the “Supplies and Services”), the City’s Police Department is 24 requesting the City enter into a Piggyback Agreement with Motorola Solutions, Inc., (“Vendor”); 25 and26 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the State of 27 Washington Agreement; and28 WHEREAS,the total purchase price is $2,406,374.71, and Vendor shall provide the City a 29 technology credit in the amount of $1,065,185.00; therefore, the City shall pay Vendor the total 30 amount not to exceed $1,341,189.71; and31 32 324 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 33 best interests of the city's citizens and residents to approve a Piggyback Agreement with Motorola 34 Solutions, Inc., for the replacement of handheld radios, upgrading existing dispatch radio 35 consoles, and purchasing two additional dispatch radio consoles.36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 37 BEACH, FLORIDA, THAT:38 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 being true and correct and are hereby made a specific part of this Resolution upon adoption.40 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 41 approve a Piggyback Agreement between Motorola Solutions, Inc., and the City for the 42 replacement of handheld radios, upgrading existing dispatch radio consoles, and purchasing two 43 additional dispatch radio consoles (the “Piggyback Agreement”), in form and substance similar to 44 that attached as “Exhibit A.“45 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 46 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 47 execute any ancillary documents required under the Agreement or necessary to accomplish the 48 purposes of the Agreement and this Resolution.49 SECTION 4.The City Clerk shall retain one fully-executed original of the Piggyback 50 Agreement as a public record of the City. A copy of the fully executed Piggyback Agreement shall 51 be provided to Daniel Cline to forward to the Vendor.52 SECTION 5.This Resolution shall take effect in accordance with law.53 [signatures on the following page]54 55 56 57 58 59 325 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 Mayor – Ty Penserga __________63 64 Vice Mayor – Aimee Kelley __________65 66 Commissioner – Angela Cruz __________67 68 Commissioner – Woodrow L. Hay __________69 70 Commissioner – Thomas Turkin __________71 72 VOTE ______73 ATTEST:74 75 ___________________________________________________________76 Maylee De Jesús, MPA, MMC Ty Penserga77 City Clerk Mayor78 79 APPROVED AS TO FORM:80 (Corporate Seal)81 82 _______________________________83 Shawna G. Lamb84 City Attorney85 326 Piggyback Contract – Motorola Solutions 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA SOLUTIONS, INC. This Piggyback Agreement is made as of this __ day of August, 2024, by and between MOTOROLA SOLUTIONS, INC., with a principal address of 500 West Monroe, Chicago, IL. 60661, 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, the State of Washington, acting by and through National Association of State Procurement Officials (NASPO) ValuePoint, competitively procured Public Safety Communication Products, Services, and Solutions (“Public Safety Radio”) and executed Contact No. 00318, a five (5) year agreement (the “Master Agreement”), commencing January 1, 2022, with two (2) additional one-year renewal options; and WHEREAS, the City desires to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles; 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 replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles for the City’s Police department and other goods and services on an as-needed basis (the “Supplies and Services”), the City’s Police Department is requesting the City enter into a Piggyback Agreement with Vendor; 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: AGREEMENT 1.The foregoing recitals are true and correct and are hereby incorporated into this 327 Piggyback Contract – Motorola Solutions 2 Agreement. 2. TERM: The term of this Agreement commences on August ___, 2024, and will remain in effect until December 31, 2026, with two (1) one-year renewal options (“Term”). The Mayor 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: The Vendor agrees to provide Supplies and Services to the City on the same terms and in the same manner as set forth in the Master Agreement, a copy of which is attached hereto as Exhibit A, except as otherwise provided herein. Vendor shall provide the radios and consoles described in Quote No. 2587324 and Console Proposal dated June 7, 2024, which are attached hereto as Composite Exhibit B, upon affirmation of funding, a PO, and issuance of written notice to proceed with ordering issued by the City’s Police Chief. 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 “State of Washington” or “Enterprise Services”) are hereby replaced with the “City of Boynton Beach.” The City shall compensate Vendor as follows for all Supplies and Services described in Composite Exhibit B: the total purchase price is $2,406,374.71, Vendor shall provide City a technology credit in the amount of $1,065,185.00; therefore, the City shall pay Vendor the total amount not to exceed $1,341,189.71. Payment shall be made in accordance with the Master Agreement; however, if shipment occurs on or after August 1, 2025, payment by City shall be due no earlier than October 1, 2025. City may order additional products and services pursuant to the Master Agreement upon a duly executed amendment to this Agreement. 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 328 Piggyback Contract – Motorola Solutions 3 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Attn: Accounts Payable 100 E. Ocean Avenue Boynton Beach, FL 33435 Invoices shall show the nature of the service and dates(s) of service and in accordance with Exhibit A, unless otherwise stated in the payment schedules in Composite Exhibit B. 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; 329 Piggyback Contract – Motorola Solutions 4 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 OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.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 330 Piggyback Contract – Motorola Solutions 5 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. 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 thirty (30) 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 equipment delivered and services performed to the termination date, including services reasonably related to 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. 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. 17. 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. 18. 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. 19. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times 331 Piggyback Contract – Motorola Solutions 6 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. 20. 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 Vendor 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. 21. 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. 22. 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. 23. 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. 24. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 332 333 Piggyback Contract – Motorola Solutions 8 EXHIBIT A MASTER AGREEMENT NO. 00318 FOR PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES, AND SOLUTIONS, BETWEEN THE NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (NASPO) VALUEPOINT, AND MOTOROLA SOLUTIONS, INC. 334 Piggyback Contract – Motorola Solutions 9 COMPOSITE EXHIBIT B QUOTE NO. 2587324 AND CONSOLE PROPOSAL DATED JUNE 7, 2024 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 QUOTE-2587324 BOYNTON BEACH PD BBPD - FLEET REPLACEMENT (217 APX N70) - 07/30/2024 07/30/2024 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 366 07/30/2024 BOYNTON BEACH PD 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 RE: Motorola Quote for BBPD - FLEET REPLACEMENT (217 APX N70) - 07/30/2024 Dear Karl Maracotta, Motorola Solutions is pleased to present BOYNTON BEACH PD with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide BOYNTON BEACH PD with the best products and services available in the communications industry. Please direct any questions to George Nassif at George.Nassif@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, George Nassif QUOTE-2587324 367 Billing Address: BOYNTON BEACH POLICE DEPT, CITY OF 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 US Quote Date:07/30/2024 Expiration Date:08/30/2024 Quote Created By: George Nassif George.Nassif@ motorolasolutions.com End Customer: BOYNTON BEACH PD Karl Maracotta MaracottaK@bbff.us 561-742-6170 Contract: 19860 - NASPO 00318 Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line # Item Number Description Qty Term List Price Sale Price APX™ N70 APX N70 1 H35UCT9PW8AN APX N70 7/800 MODEL 4.5 PORTABLE 217 $5,014.00 $3,660.22 1a QA08824AA ALT: 3.0" HOLSTER 217 $12.87 $9.40 1b QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US* 217 $0.00 $0.00 1c QA09030AA ADD: MOTOROLA HOSTED RADIOCENTRAL W CPS* 217 $0.00 $0.00 1d QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 217 $0.00 $0.00 1e QA03399AK ADD: ENHANCED DATA 217 $0.00 $0.00 1f H499KC ENH: SUBMERSIBLE (DELTA T) 217 $0.00 $0.00 1g BD00001AA ADD: CORE BUNDLE 217 $3,106.00 $2,267.38 1h BD00010AA ADD: SECURITY BUNDLE 217 $1,023.00 $746.79 1i BD00037AA ADD: AUDIO BUNDLE 217 $268.00 $195.64 1j H38DA ADD: SMARTZONE OPERATION 217 $0.00 $0.00 QUOTE-2587324BBPD - FLEET REPLACEMENT (217APX N70) - 07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 368 Line # Item Number Description Qty Term List Price Sale Price 1k Q498BN ENH: ASTRO 25 OTAR W/ MULTIKEY 217 $0.00 $0.00 1l Q806CH ADD: ASTRO DIGITAL CAI OPERATION 217 $0.00 $0.00 1m QA00580BA ADD: TDMA OPERATION 217 $0.00 $0.00 1n QA01648AA ADD: HW KEY SUPPLEMENTAL DATA* 217 $6.00 $4.38 1o QA09113AA ADD: BASELINE RELEASE SW 217 $0.00 $0.00 1p Q361CD ADD: P25 9600 BAUD TRUNKING 217 $0.00 $0.00 1q QA09001AM ADD: WIFI CAPABILITY 217 $0.00 $0.00 1r Q387CB ADD: MULTICAST VOTING SCAN 217 $0.00 $0.00 1s QA09028AA ADD: VIQI VC RADIO OPERATION 217 $0.00 $0.00 1t H797DW ENH: DVP-XL ENCRYPTION AND ADP 217 $0.00 $0.00 1u Q15AK ADD: AES/DES-XL/DES-OFB ENCRYPTION AND ADP 217 $0.00 $0.00 1v QA09006AA ADD: ADAPTIVE NOISE SUPPRESSION 217 $0.00 $0.00 1w QA01833AH ADD: EXTREME 1-SIDED NOISE REDUCTION 217 $0.00 $0.00 1x QA08676AA ADD: ADAPTIVE SPEAKER VOLUME 217 $0.00 $0.00 2 LSV01S03061A APX N70 DMS ESSENTIAL W ACC DMG 217 5 YEARS $664.80 $664.80 3 SSV01S01407A SMARTPROGRAMMING 217 5 YEARS $375.00 $375.00 4 SSV01S01406A SMARTCONNECT 217 5 YEARS $375.00 $375.00 5 SSV01S01476A SMARTLOCATE 217 5 YEARS $375.00 $375.00 6 SSV01S01907A SMARTMAPPING 217 5 YEARS $375.00 $375.00 7 LSV01S03082A RADIOCENTRAL PROGRAMMING 217 5 YEARS $160.20 $160.20 8 PMMN4142A XVP730 REMOTE SPEAKER MICROPHONE NO CHANNEL KNOB, FOR APX N RADIOS 207 $486.00 $354.78 QUOTE-2587324BBPD - FLEET REPLACEMENT (217APX N70) - 07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 369 Line # Item Number Description Qty Term List Price Sale Price 9 PMNN4817A BATT IMPRES 2 LIION IP68 4400T 327 $248.05 $181.08 10 PMPN4604A CHARGER,CHGR DESKTOP SINGLE UNIT IMPRES 2 EXT US 217 $207.14 $151.21 Product Services 11 LSV01Q00387A ASTRO TECHNICAL ASSISTANCE 1 $49,000.00 $49,000.00 12 Trade-In Expiration Date: 08/30/2024 1 -$21,700.00 -$21,700.00 13 Incentive WHITE GLOVE DEPLOYMENT SERVICE UPGRADE DISCOUNT Expiration Date: 08/30/2024 1 -$30,871.25 -$30,871.25 14 Incentive CUSTOMER LOYALTY DISCOUNT Expiration Date: 08/30/2024 1 -$118,278.00 -$118,278.00 Grand Total $2,041,927.71(USD) 0 *Upfront costs include the cost of Hardware, Accessories and Implementation, where applicable. Notes: ● Additional information is required for one or more items on the quote for an order. Motorola's quote (Quote Number: ________________ Dated: ____________ ) is based on and subject to the terms andconditions of the valid and executed written contract between Customer and Motorola (the "UnderlyingAgreement") that authorizes Customer to purchase equipment and/or services or license software (collectively"Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola'sStandard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is foundat http://www.motorolasolutions.com/product-terms. The Parties hereby enter into this Agreement as of the Eflective Date. Motorola Solutions, Inc. Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ QUOTE-2587324BBPD - FLEET REPLACEMENT (217APX N70) - 07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 5 370 ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and ServicesTax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will beadded to invoices. QUOTE-2587324BBPD - FLEET REPLACEMENT (217APX N70) - 07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 6 371 APX N70 PORTABLE RADIO SOLUTION DESCRIPTION OVERIVIEW The APX N70 offers affordable, next generation communications for without compromising P25 interoperability or voice and data quality. It offers a durable design with “pick-up-and- go” functionality, optimizing ease-of-use and focused communications in almost all environments. DURABLE AND EASY TO USE The APX N70 enhances operations with a full color transflective glass display with touch technology for easy operation with gloves on. The touchscreen includes a high velocity user interface with large touch targets, shallow menu hierarchy, home screen information at a glance, and access to integrated apps. Additionally, the N70 offers extended battery life, a shorter antenna, and Bluetooth compatibility with audio accessories, promoting efficient communications between first responders. Mission-Critical Audio For first responders in mission-critical situations, the APX N70 offers high dynamic range microphones and an adaptive sound engine that minimizes background noise and promotes clarity, amplifying intelligible voice communication between first responders. ESSENTIAL AND SECURE P25 COMMUNICATIONS The APX N70 is certified compliant with P25 standards and supports digital and analog trunking, FDMA and TDMA, and Integrated Voice and Data. P25 communications over the N70 are safe and secure–it offers software and hardware encryption, single- and multi key encryption, and P25 Authentication, protecting communications during daily operations. Reliable Connectivity Using the APX N70 lets first responders stay connected across disparate networks. It can be equipped with LTE, Wi-Fi®, Bluetooth®, and GPS features, bringing future-ready applications, services, and best-in-class connectivity to everyday users. APX N70 radios support 7/800 MHz frequency bands across radio systems with minimal intervention by the radio user. Managing and Provisioning Devices APN N70 provides users greater awareness and faster radio management through Customer Programming Software (“CPS”), Radio Management (“RM”), or the Radio Central programming. These tools transform accurate data into smarter action by enabling dispatchers and network managers to keep radios in the field, make informed operational decisions, and, above all, protect first responders' focus and safety. Customer Programming Service QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 7 372 CPS is a proprietary, Windows-based application used to configure APX subscriber radios in offline situations. The CPS application offers drag-and-drop, clone-wizard, and basic import/export functions that allow for the addition of new software and feature enhancements. APX N radios can be programmed one-at-a-time on a local PC, via secure USB port connection, with TLS-PSK based encryption. Once loaded, subscriber radios are read, and edited, and copdeplugs and templates can be saved and duplicated to program other fleet radios. Radio Management Batch Programming is available through the RM software for simultaneous programming and upgrading throughout the radio fleet. With Batch Programming, up to 16 radios can be programmed at once over a Wi-Fi connection. This reduces programming time and ensures that the radio fleet is always up-to-date and ready-to-use in the field. Device Management Services Device Management Services (“DMS”) packages provide programming, management, and maintenance services to maximize the effectiveness of this APX N70 solution, while reducing maintenance risk, workload, and total cost of ownership. DMS tackles a range of customer needs, whether the solution is self-maintained or managed by Motorola Solutions. Using Motorola Solutions’ cloud-based Radio Central Programming, APX N70 supports faster provisioning and deployment to get devices in the hands of first responders and out into the field. Parameters such as talk groups, interface options, and security keys can be programmed remotely within minutes. The DMS package provides access to batch programming with Radio Central Programming or one-at-a-time basic programming with Customer Programming Service, described below. Radio Central Radio Central Programming streamlines the APX N70 out-of-the-box experience with a few simple steps. Users will power on the device and view a boot-up animation. Status bar icons on the front display indicate when a connection is made and an update download is initiated. If the APN N70 device is being started for the first time, a “peek-in” device management notification will indicate that the default configuration is detected. When the update download is complete, the device reboots and installs the update. When the install is complete, the device goes back to the full home screen and notifies the user that the update is complete. From power on to provisioning, the process takes less than a minute. For Encryption and Authentication users, a KVL needs to be connected to the radio to use those services. APX N70 also features Touchless Key Provisioning (“TKP”), leveraging Radio Central and Key Management Facility to add encryption keys remotely. This streamlined, one-time process reduces the time and effort spent enabling encryption. TKP delivers the initial encryption keys to APN N70 radios. Users can provision encryption on one radio or on batches of radios, further speeding up the encryption process for radio fleets. The figure below illustrates APX N70’s faster provisioning process. QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 8 373 QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 9 374 APX N-SERIES DEVICE MANAGEMENT SERVICES - ESSENTIAL STATEMENT OF WORK OVERVIEW Device Management Servces (“DMS”) efficiently maintains the Customer’s device fleet while helping to keep devices up-to-date and fully operational in the field. DMS Essential services provide basic hardware and software support. This Statement of Work (“SOW”), including all of its subsections and attachments is an integral part of the applicable agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and Customer (“Customer”). In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this SOW, this SOW will control as to the inconsistency only. The SOW applies to the device specifically named in the Agreement. HARDWAREREPAIR Hardware Repair provides repair coverage for internal and external device components that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. The device will be repaired to bring it to compliance with its specifications, as published by Motorola Solutions at the time of delivery of the original device. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version. MOTOROLA SOLUTIONS RESPONSIBILITIES •Repair or replace malfunctioning device, as determined by Motorola Solutions. •Complete repair or replacement with a turnaround time of five business days in-house, provided the device is delivered to the repair center by 9:00 a.m. (local repair center time). Turnaround time represents thetime a product spends in the repair process, and does not include time in transit to and from the Customer’s site. Business days do not include US holidays or weekends. •If applicable, apply periodically-released device updates, in accordance with an Engineering Change Notice. •Provide two-way air shipping when a supported Motorola Solutions electronic system, such as MyView Portal, is used to initiate a repair. A shipping label will be generated via the electronic system. CUSTOMER RESPONSIBILITIES •For non-contiguous renewals, Customer must provide a complete list, preferably in electronic format, of all hardware serial numbers to be covered under the Agreement to Motorola Solutions. •Initiate device repairs, as needed. •When initiating a repair via a supported Motorola Solutions electronic system, label each package correctly with the shipping label and Return Material Authorization (“RMA”) number generated by the electronic system. •When initiating a repair via paper Return Material Form (“RMF”), the RMF must be completed for each device, included in the package with the device, and shipped to the Motorola Solutions depot specified on the RMF. QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 10 375 •Remove any data or other information from the device that the Customer wishes to destroy or retain prior to sending the device for repair. •If a malfunctioning device must be replaced and the Customer has loaded information for that device to Motorola Solutions’ cloud environment, the Customer will need to remove the information for the malfunctioning device and add information for the replacement device to the applicable cloud environment. LIMITATIONS AND EXCLUSIONS The Customer will incur additional charges at the prevailing rates for any activities that are not included or are specifically excluded from this service scope, as described below. Motorola Solutions will notify the Customer and provide a quotation of any incremental charges related to such exclusions prior to completing the repair and said repair will be subject to Customer’s acceptance of the quotation. •Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, and carrying cases. •Repair of problems caused by: •Natural or manmade disasters, including but not limited to internal or external damage resulting from fire, theft, and floods. •Third-party software, accessories, or peripherals not approved in writing by Motorola Solutions for use with the device. •Using the device outside of the product’s operational and environmental specifications, including improper handling, carelessness, or reckless use. •Unauthorized alterations or attempted repair, or repair by a third party. •Non-remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training. •Problem determination and/or work performed to repair or resolve issues with non-covered products. For example, any hardware or software products not specifically listed on the service order form are excluded from service. •File backup or restoration. •Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered. •Accidental damage, chemical or liquid damage, or other damage caused outside of normal device operating specifications, except if optional Accidental Damage Coverage was purchased. •Cosmetic imperfections that do not affect the functionality of the device. •Software support for unauthorized modifications or other misuse of the device software is not covered. Motorola Solutions is not obligated to provide support for any device that has been subject to the following: •Repaired, tampered with, altered or modified (including the unauthorized installation of any software) — except by Motorola Solutions authorized service personnel. •Subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification. •If the Customer fails to comply with the obligations contained in the Agreement, the applicable software license agreement, and Motorola Solutions terms and conditions of service. ACCIDENTAL DAMAGE (OPTIONAL) An add-on to Hardware Repair, Accidental Damage provides repair coverage for internal and external device components damaged due to accidents or that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. Accidental Damage coverage must be purchased together with, or within 90 days of, a qualifying Motorola Solutions hardware purchase. This offer reduces unexpected expenses relating to the repair of the device. Accidental Damage coverage includes all Hardware Repair services, and expands coverage to include Accidental Damage. Examples of items included under Accidental Damage Coverage are:•Electrical repair for components that are not working in accordance with published specifications QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 11 376 •Electrical repair for failures caused by accidental water damage. •Electrical repair for accidental internal damage. •Replacement of accidentally cracked or broken housings. •Replacement of accidentally cracked or broken displays. •Replacement of accidentally cracked or broken or missing keypads/buttons. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version. The Customer may need to downgrade the firmware on the replacement device. Added Motorola Solutions Responsibilities for Accidental Damage •Repair or replace accidentally damaged device, as determined by Motorola Solutions. Limitations and Exclusions In addition to applicable Limitations and Exclusions for Hardware Repair, Accidental Damage limits or excludes the following: •There is a limit of one device repair per device/per contract year with Accidental Damage coverage. This exclusion does not apply to repairs to malfunctioning components. Motorola Solutions will repair malfunctioning components covered by the standard Hardware Repair service as needed. •Where ongoing “accidental damage” is deemed by Motorola Solutions to be excessive, systemic or the result of device mishandling, the Customer may be subject to an additional charge. Should the accidental damage continue unabated, the Customer will incur repair charges at Motorola Solutions’ discretion and prevailing charges for devices deemed by Motorola Solutions to have been damaged through improper handling, carelessness, or reckless use. •Accidental Damage is quoted on a per-unit basis, is prepaid, non-cancellable, and non-refundable for the purchased service term. DEVICETECHNICALSUPPORT Motorola Solutions’ Device Technical Support service provides telephone consultation for device and accessory issues. Support is delivered through the Motorola Solutions Centralized Managed Support Operations (“CMSO”) organization by a staff of technical support specialists. For Device Technical Support, Motorola Solutions will respond to calls within two (2) hours during the support days. Support hours are 7 a.m. to 7 p.m. CST Monday through Friday, excluding US holidays. In addition, Customers may contact the Call Management Center (800-MSI-HELP) at any time (24 hours a day, seven days a week) and a Motorola Solutions representative will log a technical request in Motorola Solutions Case Management System on the Customer’s behalf. MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide technical support for devices, assessing and troubleshooting reported issues. •Receive and log Customer support requests, and assign a technical representative to respond to a Customer incident per the defined timeframes. CUSTOMER RESPONSIBILITIES QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 12 377 •Use the provided methods to contact Motorola Solutions technical support. •Provide sufficient information to allow Motorola Solutions technical support agents to diagnose and resolve Customer issues. •Provide contact information for field service technicians in the event that Motorola Solutions has to follow up. LIMITATIONS AND EXCLUSIONS •Device support does not include Land Mobile Radio (“LMR”) network, Wi-Fi, and LTE network troubleshooting. Software Maintenance Motorola Solutions is continually developing new features and functionality for our portfolio of public-safety-grade radios. By purchasing software maintenance, the Customer can take advantage of these firmware releases and future-proof their communications investment. MOTOROLA SOLUTIONS RESPONSIBILITIES •Test all firmware releases to minimize software defects. •Announce new firmware releases and post release notes in a timely manner via MyView Portal. •Provide firmware updates. Motorola Solutions makes no guarantees as to the frequency or timing of firmware updates. •Provide upgrade capability through supported Programming Tools. •Provide programming and service tools and technical support through the firmware support window. •Provide documentation via MyView Portal with each release detailing new features, bug fixes, and any known issues. CUSTOMER RESPONSIBILITIES •Periodically check MyView Portal for firmware update announcements. •Keep the radio fleet updated with firmware versions within the support window. MyView Portal Access MyView Portal is the single location to track the status of subscriptions and service contracts, including start and end dates. This portal includes order, RMA, and technical support ticket status, as well as a consolidated download site for software and documentation. Outside of pre-announced maintenance periods, MyView Portal will be available on a best effort 24/7 basis. Motorola Solutions cannot guarantee the availability of Internet networks outside of our control. MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide a web accessible, secure portal to view the Customer’s data. •Provide the Customer with login credentials for the site. •Provide end-user training for the site. •Provide technical support to answer end user questions between the hours of 8 a.m. to 5 p.m. CST Monday through Friday, excluding US holidays. •Keep the site updated with the latest Customer information. CUSTOMER RESPONSIBILITIES •Provide Motorola Solutions with contact information for administrative users. QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 13 378 •Administer user access. •Provide Internet access for users to access the site. •Attend available MyView Portal training. •Protect login information against unauthorized use. •Provide Motorola Solutions with updated equipment information, as needed. QUOTE-2587324BBPD - FLEET REPLACEMENT(217 APX N70) -07/30/2024 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 14 379 Motorola Solutions,Inc. 500 W Monroe Street,Ste 4000 Chicago,IL 60661-3781 USA June 10,2024 Boynton Beach Police Department Attention:Chief Zeller 2100 High Ridge Road Boynton Beach,Florida 33426 BOYNTON BEACH POLICE DEPARTMENT APX N70 RADIO FLEET REFRESH,TWO (2) MCC 7500 E DISPATCH CONSOLES,AND FIVE (5)MCC 7500 VPM TO MCC 7500 E DISPATCH CONSOLES UPGRADES PROPOSAL SUMMARY: Dear Chief Zeller, Motorola Solutions,Inc.(“Motorola”)is pleased to have the opportunity to provide the City of Boynton Beach with quality communications equipment and services.Below is the breakdown of the negotiated pricing and time-based incentives. ●City of Boynton Beach Police Department radios per CPQ quote,QUOTE-2587324, valued at $2,041,927.71.This includes all quoted APX N70 hardware,accessories, software,deployment,five (5)years of APX Smart Applications (Smart Connect,Smart Programming,Smart Locate,and Smart Mapping),five (5)years of 4G LTE cellular data plan,and five (5)years of accidental protection. ●City of Boynton Beach Dispatch Consoles per proposal dated 06/07/2024 valued at $364,447.00.This includes all quoted hardware,accessories,software,deployment,and one (1)year of maintenance. ●City of Boynton Beach's current radio fleet trade-in discount ($21,700.00) ●Service Discount ($30,871.25). ●Technology Discount ($118,278.00). PRICE SUMMARY List Price NASPO Contract Price Police Radios $2,826,471.52 $2,212,776.96 Dispatch Consoles $406,484.00 $364,447.00 Subtotal Price $3,232,955.52 $2,577,223.96 Radio Trade-in Discount -$21,700.00 Service Discount -$30,871.25 Technology Discount -$118,278.00 Grand Total Sale Price $2,406,374.71 Technology Credit ($1,065,185.00) Effective Price $1,341,189.71 June 10,2024 380 Motorola Solutions,Inc. 500 W Monroe Street,Ste 4000 Chicago,IL 60661-3781 USA CONTRACT TERMS All Pricing,Terms &Conditions per NASPO Valuepoint Contract #00318 OPTION A:PAYMENT MILESTONES IF NOT FINANCED Payments Amount 1.Due upon receipt of NTP,PO or contract execution $182,223.50 2.Due upon radio fleet delivery $1,781,527.71 3.Due upon final MCC 7500 E dispatch console acceptance $182,223.50 4.Due upon the 1st anniversary of radio fleet deployment $65,100.00 5.Due upon the 2nd anniversary of radio fleet deployment $65,100.00 6.Due upon the 3rd anniversary of radio fleet deployment $65,100.00 7.Due upon the 4th anniversary of radio fleet deployment $65,100.00 8.Technology Credit Tracking (Established via CO 8)($1,065,185.00) Total Payments $1,341,189.71 OPTION B:PAYMENT MILESTONES IF FINANCED OVER 5 YEARS These are estimates based on the latest rates Payments Amount 1.Due upon 10/01/2025 $311,449.36 2.Due upon 10/01/2026 $311,449.36 3.Due upon 10/01/2027 $311,449.36 4.Due upon 10/01/2028 $311,449.36 5.Due upon 10/01/2029 $311,449.36 Total Payments $1,557,246.80 ORDERING DOCUMENTS The City of Boynton Beach may execute this offer by executing the Notice to Proceed (NTP) and the Lease-Purchase Agreement for financing. June 10,2024 381 Proposal City of Boynton Beach Console Additions July 30th. 2024 The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2024 Motorola Solutions, Inc. All rights reserved. PS-000174140 382 Motorola Solutions, Inc. 500 W Monroe Street, Ste 4000 Chicago, IL 60661-3781 USA July 30, 2024 Boynton Beach Police Department Attention: Karl Maracotta 2100 High Ridge Road Boynton Beach, Florida 33426 G NIOT-OR,OLA SOL-UT/ONS Subject: BOYNTON BEACH MCC7500E CONSOLES Dear Mr. Maracotta, Motorola Solutions, Inc. ("Motorola") is pleased to have the opportunity to provide the Boynton Beach Police Department with quality communications equipment and services. The Motorola Solutions project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value. To best meet the functional and operational specifications of this solicitation, our solution includes a combination of equipment and services. •TWO (2) NEW MCC7500 E CONSOLES •FIVE (5) CONSOLES UPGRADE FROM MCC7500 VPM TO MCC7500 E The MCC7500 E consoles are forecasted to remain in support through 2030. Once the consoles have reached end-of-life status they can continue to be supported on a commercially reasonable effort depending on parts availability. This proposal consists of this cover letter together with its Exhibits. This proposal shall remain valid for a period of 60 days from the date of this cover letter. This equipment provision described in the proposal, shall be governed by the terms and conditions stated in the NASPO Cooperative Purchasing Master Agreement NO. 00318. Boynton Beach Police Department may accept the proposal by delivering to Motorola a Purchase Order (PO) or the included Notice to Proceed (NTP). Alternatively, Motorola Solutions would be pleased to address any concerns that the Boynton Beach Police Department may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, George Nassif at (954) 605-8196. We thank you for the opportunity to furnish the Boynton Beach Police Department with "Best-in-Class"solutions and we hope to strengthen our relationship by implementing this project. We aim to provide you with the best products and services in the communications industry. Sincerely, Motorola Solutions, Inc. � Danny Sanchez Florida Territory Vice President 383 City of Boynton Beach Console Additions Table of Contents Use or disclosure of this proposal is subject to the restrictions on the cover page. Section 1 System Description ................................ 1.1 Proposed Solution ................................ 1.2 MCC 7500E Console Operation Position Section 2 Statement of Work ................................ 2.1 Motorola Responsibilities 2.2 City of Boynton Beach Responsibilities 2.3 Assumptions ................................ Section 3 Acceptance Test Plan................................ Section 4 Service/Warranty ................................ Section 5 Pricing Summary ................................ 5.1 Equipment and Installation Section 6 Contractual Documentation ................................ Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 1 Table of Contents ................................................................................................ ................................................................................................ MCC 7500E Console Operation Position ................................................................ ................................................................................................ Motorola Responsibilities ................................................................................................ City of Boynton Beach Responsibilities ................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ Equipment and Installation ................................................................................................ ................................................................................................ July 30th. 2024 .................................................. 2 ............................................... 2 ........................................... 2 .................................................... 5 ................................... 5 ............................................ 5 ........................................................ 6 ............................................... 7 ...................................................... 8 ...................................................... 9 ................................. 9 ................................... 10 384 City of Boynton Beach Console Additions System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Section 1 System Description 1.1 Proposed Solution The proposed solution will offer the City of Boynton Beach with two (2) new MCC 7500E dispatch positions. There are operational issues with co The MCC7500 has a dedicated voice process slightly quicker than the MCC7500E. If the consoles are in the same room it results in audio issues that create an echo and interference to dispatchers. Because of this known issue, included in the solution is upgrading five (5) existing MCC 7500 Voice Processor Modules (VPM) to MCC7500E. This will allow (2) new MCC7500E positions to be added to the Boynton Beach dispatch, converting the site entirely to the MCC7500E platform without mixing the two dispatch co The list below summarizes the proposed console equipment as well as peripherals: Two (2) New MCC 7500E Dispatch Positions CommandCentral Hub 22” Non-touch Monitor 160 Radio Resource Capability License ADP/AES/DES-OFB Encryption Capabilities Two (2) MSI Purpose Built USB Speaker USB Microphone Dual Headset Jacks Enhanced Instant Recall Recorder Footswitch CRYPTR Hardware Key Spares Five (5) Upgraded MCC 7500E Dispatch Positions CommandCentral Hub Two (2) MSI Purpose Built USB Speaker USB Microphone CRYPTR Hardware Key 1.2 MCC 7500E Console Operation Position The dispatch position supports commercially available accessories, including a USB microphone, USB headset, and USB footswitch, as shown in the figure titled “MCC 7500E Dispatch Position.” The following list describes the components included in the proposed configuration. Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2 System Description Proposed Solution The proposed solution will offer the City of Boynton Beach with two (2) new MCC 7500E dispatch There are operational issues with co-locating the MCC7500 VPM and the MCC7500E consoles. The MCC7500 has a dedicated voice processing module (VPM) hardware so it processes audio slightly quicker than the MCC7500E. If the consoles are in the same room it results in audio issues that create an echo and interference to dispatchers. Because of this known issue, included in the s upgrading five (5) existing MCC 7500 Voice Processor Modules (VPM) to MCC7500E. This will allow (2) new MCC7500E positions to be added to the Boynton Beach dispatch, converting the site entirely to the MCC7500E platform without mixing the two dispatch console types. The list below summarizes the proposed console equipment as well as peripherals: Two (2) New MCC 7500E Dispatch Positions CommandCentral Hub touch Monitor 160 Radio Resource Capability License OFB Encryption Capabilities Two (2) MSI Purpose Built USB Speaker Dual Headset Jacks Enhanced Instant Recall Recorder CRYPTR Hardware Key Five (5) Upgraded MCC 7500E Dispatch Positions CommandCentral Hub Two (2) MSI Purpose Built USB Speaker CRYPTR Hardware Key Console Operation Position The dispatch position supports commercially available accessories, including a USB microphone, USB headset, and USB footswitch, as shown in the figure titled “MCC 7500E Dispatch Position.” he following list describes the components included in the proposed configuration. July 30th. 2024 The proposed solution will offer the City of Boynton Beach with two (2) new MCC 7500E dispatch locating the MCC7500 VPM and the MCC7500E consoles. ing module (VPM) hardware so it processes audio slightly quicker than the MCC7500E. If the consoles are in the same room it results in audio issues that create an echo and interference to dispatchers. Because of this known issue, included in the s upgrading five (5) existing MCC 7500 Voice Processor Modules (VPM) to MCC7500E. This will allow (2) new MCC7500E positions to be added to the Boynton Beach dispatch, converting nsole types. The list below summarizes the proposed console equipment as well as peripherals: The dispatch position supports commercially available accessories, including a USB microphone, USB headset, and USB footswitch, as shown in the figure titled “MCC 7500E Dispatch Position.” he following list describes the components included in the proposed configuration. 385 City of Boynton Beach Console Additions System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Figure 1-1: The MCC 7500E Dispatch Position supports multiple accessories. CommandCentral Hub The CommandCentral Hub functions as a purpose built device capable of both running the dispatch software as well as routing audio from the dispatcher to and from the radio system. The CC Hub will replace the VPM and the PC on the MCC 7500 positions and will save space on th Hub is a Motorola designed and developed appliance that will be used in all dispatch console designs for many years to come. Computer Display The dispatch position will use a 22-inch “non Enhanced Integrated Instant Recall Recorder (IRR) The Enhanced IRR seamlessly integrates with the dispatch position’s software, allowing audio and call data from any radio or telephony resource to be recorded and easily played back. Call data includes PTT IDs, name of resource, start time and date, and stop time and date. Two (2) analog inputs are available for use with recording audio from external devices. Two (2) analog audio speakers are included with IRR. Desktop Speakers Two (2) audio speakers have been included with each di transmit audio from a specific talkgroup or set of talkgroups. Each speaker is a self individual volume controls, and can be placed on a desktop or mounted on a rack or computer display. Headset Jack The dispatch positions will support two (2) headset jacks, both push enabled, for simultaneous use by the dispatcher and a supervisor. The headset jack contains two (2) volume controls for the separate adjustment of received Headset The proposed headset consists of two (2) elements. The headset base includes an audio amplifier, a Push-to-Talk switch, and a long cord that connects to the dispatch position. The headset top consists of the earpiece and microphone, as well as a short cable that connects to the headset base. USB Microphone The microphone controls the dispatch position's general transmit and monitor features through two (2) buttons on its base. The microphone can be fastened down or left l conjunction with a headset. Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 3 : The MCC 7500E Dispatch Position supports multiple accessories. Hub functions as a purpose built device capable of both running the dispatch software as well as routing audio from the dispatcher to and from the radio system. The CC Hub will replace the VPM and the PC on the MCC 7500 positions and will save space on th Hub is a Motorola designed and developed appliance that will be used in all dispatch console designs inch “non-touch” Computer Display. ant Recall Recorder (IRR) The Enhanced IRR seamlessly integrates with the dispatch position’s software, allowing audio and call data from any radio or telephony resource to be recorded and easily played back. Call data includes tart time and date, and stop time and date. Two (2) analog inputs are available for use with recording audio from external devices. Two (2) analog audio speakers are Two (2) audio speakers have been included with each dispatch position and can be configured to transmit audio from a specific talkgroup or set of talkgroups. Each speaker is a self individual volume controls, and can be placed on a desktop or mounted on a rack or computer display. The dispatch positions will support two (2) headset jacks, both push-to-talk (PTT) and non enabled, for simultaneous use by the dispatcher and a supervisor. The headset jack contains two (2) volume controls for the separate adjustment of received radio and telephone audio. The proposed headset consists of two (2) elements. The headset base includes an audio amplifier, a Talk switch, and a long cord that connects to the dispatch position. The headset top consists of microphone, as well as a short cable that connects to the headset base. The microphone controls the dispatch position's general transmit and monitor features through two (2) buttons on its base. The microphone can be fastened down or left loose. It can be used alone or in July 30th. 2024 : The MCC 7500E Dispatch Position supports multiple accessories. Hub functions as a purpose built device capable of both running the dispatch software as well as routing audio from the dispatcher to and from the radio system. The CC Hub will replace the VPM and the PC on the MCC 7500 positions and will save space on th e desktop. The CC Hub is a Motorola designed and developed appliance that will be used in all dispatch console designs The Enhanced IRR seamlessly integrates with the dispatch position’s software, allowing audio and call data from any radio or telephony resource to be recorded and easily played back. Call data includes tart time and date, and stop time and date. Two (2) analog inputs are available for use with recording audio from external devices. Two (2) analog audio speakers are spatch position and can be configured to transmit audio from a specific talkgroup or set of talkgroups. Each speaker is a self -contained unit, with individual volume controls, and can be placed on a desktop or mounted on a rack or computer display. talk (PTT) and non-PTT- enabled, for simultaneous use by the dispatcher and a supervisor. The headset jack contains two (2) radio and telephone audio. The proposed headset consists of two (2) elements. The headset base includes an audio amplifier, a Talk switch, and a long cord that connects to the dispatch position. The headset top consists of microphone, as well as a short cable that connects to the headset base. The microphone controls the dispatch position's general transmit and monitor features through two (2) oose. It can be used alone or in 386 City of Boynton Beach Console Additions System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Footswitch Each dispatch position includes a dual pedal footswitch that controls general transmit and monitor functions. Telephone Headset Interface Port The telephone/headset port provides a This allows the operator to use a single headset to communicate on both the radio system and a telephone system. Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 4 Each dispatch position includes a dual pedal footswitch that controls general transmit and monitor Telephone Headset Interface Port The telephone/headset port provides a connection for an external telephone to the dispatch position. This allows the operator to use a single headset to communicate on both the radio system and a July 30th. 2024 Each dispatch position includes a dual pedal footswitch that controls general transmit and monitor connection for an external telephone to the dispatch position. This allows the operator to use a single headset to communicate on both the radio system and a 387 City of Boynton Beach Console Additions Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Section 2 Statement of Work Motorola is proposing to the City of Boynton Beach equipment at the specified locations. Site Name Boynton Beach PD Dispatch Install two Boynton Beach PD Dispatch Upgrade five (5) MCC7500 Consoles to MCC7500E The document delineates the general responsibilities between Motorola agreed to by contract. 2.1 Motorola Responsibilities Motorola’s general responsibilities include the following: Perform the installation of the Motorola Schedule the implementation in agreement with Coordinate the activities of all Motorola Administer safe work procedures for installation. Provide the City of Boynton Beach 2.2 City of Boynton Beach The City of Boynton Beach will assume responsibility equipment and work necessary for completion of this project t responsibilities for the City of Boynton Beach Provide all buildings, equipment s Ensure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment. Obtain all licensing, site access, or permitting required for project Obtain frequencies for project as required. Provide required system interconnections The City of Boynton Beach will provide a dedicated delivery point, such as a warehouse, for receipt, inventory, and storage of equipment prior to delivery Coordinate the activities of all Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 5 Statement of Work to the City of Boynton Beach the installation and configuration of the following equipment at the specified locations. Major Equipment Install two (2) MCC7500E Consoles Upgrade five (5) MCC7500 Consoles to MCC7500E The document delineates the general responsibilities between Motorola and City of Boynton Beach Responsibilities general responsibilities include the following: Perform the installation of the Motorola-supplied equipment described above. Schedule the implementation in agreement with the City of Boynton Beach. Coordinate the activities of all Motorola subcontractors under this contract. Administer safe work procedures for installation. City of Boynton Beach with the appropriate system interconnect specifications. City of Boynton Beach Responsibilities will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola. General City of Boynton Beach include the following: Provide all buildings, equipment shelters, and towers required for system installation nsure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment. Obtain all licensing, site access, or permitting required for project implementation. Obtain frequencies for project as required. equired system interconnections. will provide a dedicated delivery point, such as a warehouse, for receipt, inventory, and storage of equipment prior to delivery to the site(s). Coordinate the activities of all City of Boynton Beach vendors or other contractors. July 30th. 2024 the installation and configuration of the following Upgrade five (5) MCC7500 Consoles to MCC7500E City of Boynton Beach as supplied equipment described above. with the appropriate system interconnect specifications. for the installation and performance of all other not provided by Motorola. General helters, and towers required for system installation. nsure communications sites meet space, grounding, power, and connectivity requirements for implementation. will provide a dedicated delivery point, such as a warehouse, for vendors or other contractors. 388 City of Boynton Beach Console Additions Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. 2.3 Assumptions Motorola has made several assumptions in preparing this proposal, which are noted below. In order to provide a firm quote, Motorola will need of invalid assumptions. All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56. All existing sites or equipment and voltage, and site grounding to support the requirements of the system described. Any site/location upgrades or modifications are the responsibility of Approved local, State, or Federal permits as may be required for the installation and operation of the proposed equipment are the responsibility of Any required system interconnections not specifically outlined here will be provided by of Boynton Beach. These may include dedicated phone circuits, microwave links, or other types of connectivity. No coverage guarantee is included in this proposal. Motorola is not responsible for interference caused or received by the Motorola equipment except for interference that is directly caused by the Motorola to the Motorola-provided receiver(s). Should the City of Boynton Beach interference, Motorola can be contracted to investigate the sourc mitigate the issue. The pricing quoted assumes adequate physical space, HVAC and electrical requirements for the new equipment. No UPS devices are included in this pricing. MCC 7500 VPM to MCC 7500E: Reuse existing console quoted speakers and microphone. It is believed that there are available ports for the two new console positions. No KVL5000 quoted. Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 6 has made several assumptions in preparing this proposal, which are noted below. In order to will need to verify all assumptions or seek alternate solutions in the case All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56. All existing sites or equipment locations will have adequate electrical power in the proper phase and site grounding to support the requirements of the system described. Any site/location upgrades or modifications are the responsibility of the City of Boynton Beach. or Federal permits as may be required for the installation and operation of the proposed equipment are the responsibility of the City of Boynton Beach. Any required system interconnections not specifically outlined here will be provided by may include dedicated phone circuits, microwave links, or other types No coverage guarantee is included in this proposal. is not responsible for interference caused or received by the Motorola equipment except for interference that is directly caused by the Motorola-provided transmitter(s) rovided receiver(s). Should the City of Boynton Beach system experience can be contracted to investigate the source and recommend solutions to The pricing quoted assumes adequate physical space, HVAC and electrical requirements for the new equipment. No UPS devices are included in this pricing. MCC 7500 VPM to MCC 7500E: Reuse existing console peripherals with the exception of the quoted speakers and microphone. It is believed that there are available ports for the two new console positions. July 30th. 2024 has made several assumptions in preparing this proposal, which are noted below. In order to to verify all assumptions or seek alternate solutions in the case All existing sites or equipment locations will have sufficient space available for the system locations will have adequate electrical power in the proper phase and site grounding to support the requirements of the system described. City of Boynton Beach. or Federal permits as may be required for the installation and operation City of Boynton Beach. Any required system interconnections not specifically outlined here will be provided by the City may include dedicated phone circuits, microwave links, or other types is not responsible for interference caused or received by the Motorola-provided provided transmitter(s) system experience e and recommend solutions to The pricing quoted assumes adequate physical space, HVAC and electrical peripherals with the exception of the It is believed that there are available ports for the two new console positions. 389 City of Boynton Beach Console Additions Acceptance Test Plan Use or disclosure of this proposal is subject to the restrictions o Section 3 Acceptance Test Plan System Acceptance of the proposed solution will occur upon successful completion of a Functional Acceptance Test Plan (FATP), which will test the features, functions, and failure modes for the installed equipment in order to verify that the solution operat the City of Boynton Beach’s solution will operate according to its design, and increase the efficiency and accuracy of the final installation activities. A detailed FATP will be developed and finaliz project implementation. Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 7 Acceptance Test Plan System Acceptance of the proposed solution will occur upon successful completion of a Functional Acceptance Test Plan (FATP), which will test the features, functions, and failure modes for the installed equipment in order to verify that the solution operates according to its design. This plan will validate that solution will operate according to its design, and increase the efficiency and accuracy of the final installation activities. A detailed FATP will be developed and finaliz July 30th. 2024 System Acceptance of the proposed solution will occur upon successful completion of a Functional Acceptance Test Plan (FATP), which will test the features, functions, and failure modes for the installed es according to its design. This plan will validate that solution will operate according to its design, and increase the efficiency and accuracy of the final installation activities. A detailed FATP will be developed and finalized during 390 City of Boynton Beach Console Additions Service/Warranty Use or disclosure of this proposal is subject to the restrictions on the cover page. Section 4 Service/Warranty Motorola will provide a one-year warranty will be added to the City of Boynton Beach’s existing Service Agreement. Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 8 Service/Warranty year warranty for its equipment. After warranty expiration, the equipment will be added to the City of Boynton Beach’s existing Service Agreement. July 30th. 2024 its equipment. After warranty expiration, the equipment 391 City of Boynton Beach Console Additions Pricing Summary Use or disclosure of this proposal is subject to the restri Section 5 Pricing S ummary Motorola is pleased to provide the following equipment and services to 5.1 Equipment and Installation Description Equipment Implementation and Warranty Services Subtotal Contract Discount Total System This proposal is subject to the terms and conditions of Motorola Solutions' through XX ##, 202#. Payment Milestones Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones. System Purchase (excluding Subscribers, if applicable) 1.50% due upon Contract Execution; and 2.50% due upon Final Acceptance If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped). Motorola reserves the right to make partial shipments of equipment and to invoice upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations completed on a site when applicable. The value of the equip shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invo will be applied proportionately to the FNE and Subscriber equipment values to total contract price. For Lifecycle Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year o Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 9 ummary Motorola is pleased to provide the following equipment and services to the City of Boynton Beach. Equipment and Installation Description Implementation and Warranty Services This proposal is subject to the terms and conditions of Motorola Solutions' XXXXX contract and this pricing is valid Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones. System Purchase (excluding Subscribers, if applicable) 50% due upon Contract Execution; and 50% due upon Final Acceptance If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as rola reserves the right to make partial shipments of equipment and to invoice upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations completed on a site when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. For Lifecycle Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan. July 30th. 2024 the City of Boynton Beach. Price ($) $252,766 $153,718 $406,484 ($42,037) $364,447 contract and this pricing is valid Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as rola reserves the right to make partial shipments of equipment and to invoice upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations completed on a site-by-site basis, ment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract icing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. 392 City of Boynton Beach Console Additions Contractual Documentation Use or disclosure of this proposal is subject to the restrictions on the cover page. Section 6 Contractual Documentation All terms and conditions per NASPO Contract No. 00318. sure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 10 Contractual Documentation All terms and conditions per NASPO Contract No. 00318. July 30th. 2024 Contractual Documentation 393 Motorola Solutions,Inc. 500 W Monroe Street,Ste 4000 Chicago,IL 60661-3781 USA July 18,2024 Boynton Beach Police Department Attention:Chief Zeller 2100 High Ridge Road Boynton Beach,Florida 33426 BOYNTON BEACH POLICE DEPARTMENT APX N70 RADIO FLEET REFRESH,TWO (2) MCC 7500 E DISPATCH CONSOLES,AND FIVE (5)MCC 7500 VPM TO MCC 7500 E DISPATCH CONSOLES UPGRADES PROPOSAL SUMMARY: Dear Chief Zeller, Motorola Solutions,Inc.(“Motorola”)is pleased to have the opportunity to provide the City of Boynton Beach with quality communications equipment and services.Below is the breakdown of the negotiated pricing and time-based incentives. ●City of Boynton Beach Police Department radios per CPQ quote,QUOTE-2587324, valued at $2,041,927.71.This includes all quoted APX N70 hardware,accessories, software,deployment,five (5)years of APX Smart Applications (Smart Connect,Smart Programming,Smart Locate,and Smart Mapping),five (5)years of 4G LTE cellular data plan,and five (5)years of accidental protection. ●City of Boynton Beach Dispatch Consoles per proposal dated 06/07/2024 valued at $364,447.00.This includes all quoted hardware,accessories,software,deployment,and one (1)year of maintenance. ●City of Boynton Beach's current radio fleet trade-in discount ($21,700.00) ●Service Discount ($30,871.25). ●Technology Discount ($118,278.00). July 18,2024 394 Motorola Solutions,Inc. 500 W Monroe Street,Ste 4000 Chicago,IL 60661-3781 USA PRICE SUMMARY List Price NASPO Contract Price Police Radios $2,826,471.52 $2,212,776.96 Dispatch Consoles $406,484.00 $364,447.00 Subtotal Price $3,232,955.52 $2,577,223.96 Radio Trade-in Discount -$21,700.00 Service Discount -$30,871.25 Technology Discount -$118,278.00 Grand Total Sale Price $2,406,374.71 Technology Credit ($1,065,185.00) Effective Price $1,341,189.71 CONTRACT TERMS All Pricing,Terms &Conditions per NASPO Valuepoint Contract #00318 EQUIPMENT DELIVERY All equipment will be scheduled to ship on or after August 15,2025,and invoiced on October 1, 2025. ORDERING DOCUMENTS The City of Boynton Beach may execute this offer by delivering a purchase order (PO)to Motorola Solutions,Inc. July 18,2024 395 Boynton Beach Police Department 2100 High Ridge Rd. Boynton Beach, FL 33426 June 13, 2024 To: Motorola Solutions, Inc.(“Motorola”) 500 W. Monroe St. Chicago, IL 60661 Re: BOYNTON BEACH POLICE DEPARTMENT APX N70 RADIO FLEET REPLACEMENT Contract Name / Number: NASPO 00318 Motorola Lease #: Municipal Lease Purchase Agreement #25522 Proposal / Quote Ref & (required): QUOTE-2587324 AND MCC 7500 E DISPATCH CONSOLE PROPOSAL The BOYNTON BEACH POLICE DEPARTMENT will not issue a purchase order for this purchase. This Notice to Proceed (NTP) serves as authorization for Motorola Solutions to place an order and invoice for the communication equipment and services as referenced on the Proposal / Quote for the purchase price of $2,406,374.71. The Purchase will be paid with $1,341,189.71 from the disbursements from the Motorola Lease Purchase Agreement and the remaining $1,065,185.00 paid through the remaining technology credit from P1CAD Contract 21-PS-124218 for the balance of purchase and outyears of services. The terms and conditions of the above referenced master contract and Motorola Lease Financing agreement will guide this purchase. Title and Risk of Loss to Equipment shall pass to Customer upon shipment from Motorola. Unless otherwise agreed by the parties in writing, shipment will be made in a manner determined by Motorola. This NTP will take precedence with respect to conflicting or ambiguous terms. Customer affirms that execution of this Agreement is the only Notice to Proceed that Motorola will receive for the term of this Agreement. Customer will not issue a purchase order or other funding documentation in order to pay Motorola per this Agreement. Customer affirms funding has been encumbered for this order in accordance with applicable law and will pay all proper invoices as received from Motorola solely against this Agreement. Unless otherwise agreed upon in writing, invoices will be billed based on equipment shipped, services rendered, and standard payment terms. Outyears of services shall be invoiced annually in advance of each year. Once billed, invoices shall be sent and emailed to the Customer at the following address: Palm Beach County Fire Rescue, 405 Pike Road West Palm Beach, FL 33411 Invoices should reference: QUOTE-2587324 AND MCC 7500 E DISPATCH CONSOLE PROPOSAL The equipment will be shipped to the Customer at the following address: BOYNTON BEACH POLICE DEPARTMENT, 2100 HIGH RIDGE RD, BOYNTON BEACH, FL 33426 The ultimate destination address (if different from the ship to above) where the equipment will be delivered to Customer is: BOYNTON BEACH POLICE DEPARTMENT, 2100 HIGH RIDGE RD, BOYNTON BEACH, FL 33426 Customer may change shipment information by giving written or electronic notice to Motorola. If you have any questions regarding this order, please contact George Nassif - Account Executive at Motorola Solutions (954) 605-8196. Sincerely yours, By: _______________________________Date:_______________________________ Matthew Zeller Boynton Beach Police Department Deputy Chief Motorola Solutions, Inc. Agreement number - QUOTE-2587324 AND MCC 7500 E DISPATCH CONSOLE PROPOSAL 396 1 RESOLUTION NO. R22-176 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN 5 AMENDMENT TO THE CURRENT AGREEMENT WITH MOTOROLA 6 SOLUTIONS COMPANY TO PROVIDE THE CITY OF BOYNTON BEACH 7 WITH A $1,303,256.50 TECHNOLOGY CREDIT FOR PREMIERONE 8 CLOUD HOSTED/ON-PREMISE SOLUTION TO THE COMPUTER AIDED 9 DISPATCH (CAD), RECORDS MANAGEMENT SYSTEM (RMS) AND 10 MOBILE REPORTING SOLUTIONS AS WELL AS ANCILLARY PRODUCTS 11 AND SERVICES; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS,this Amendment/Change Order is to allow the modification to the current 15 agreement Contract No.: 21-PS-124218/FLP19I267A which was originally approved on July 7, 16 2020 by Resolution No. R20-065 and amended by Resolution No. R22-045; and 17 WHEREAS,this amendment will reduce the original contract price by 500,000.00 while 18 the City will receive a $1,303,256.50 technology credit with Motorola and may terminate the 19 original Agreement, as amended, for convenience; and 20 WHEREAS, this system is critical to safety of first responders and the public by 21 tracking and providing critical information when it's needed most, therefore, the reliability 22 and efficiency of public safety dispatch management is dependent on a properly functioning 23 CAD/RMS and Mobile solution; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 25 recommendation of staff, deems it to be in the best interests of the City residents to approve 26 and authorize the City Manager to sign an amendment to the current agreement with 27 Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 28 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided 29 Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well 30 as ancillary products and services. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Motorola Amendment(2022)-Reso.docx 397 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 37 approves and authorizes the City Manager to sign an amendment to the current agreement 38 with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 39 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided 40 Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well 41 as ancillary products and services, a copy of the Amendment is attached hereto and 42 incorporated herein by reference as Exhibit "A." 43 Section 3. This Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this 6th day of December, 2022. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor—Ty Penserga 48 49 Vice Mayor—Angela Cruz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Thomas Turkin 54 55 Commissioner—Aimee Kelley 56057VOTE l 58 A ' 60 60 1 . 61 Mayle: De -sus, MPA, MC Ty -011111r. 62 City CI•rk May• 63 130YAir,;\ AF,9D A 65 (Corporate Seal)v; FT 66 i L _ 67 t " ° 'ORATED Michael D. Cirullo,Jr. 68 1920•••. I City Attorney 11,,i•••• 'oRIDA 0000000 S:\CA\RESO\Agreements\Motorola Amendment(2022)-Reso.docx 398 MOTOROLA AMENDMENT AND CHANGE ORDER TO PUBLIC SAFETY APPLICATIONS SYSTEM AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND MOTOROLA SOLUTIONS, INC. Date: November 11, 2022 Project Name: PremierOne Cloud Suite CAD, Records, Mobile Customer Name: City of Boynton Beach Customer Project Mgr: Karl Maracotta The purpose of this Amendment and Change Order is to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit usable upon Final System Acceptance per business terms enclosed below. Contract No.: 21-PS-124218 / FLP191267A The terms and conditions of the Agreement between the City of Boynton Beach, Florida (the City") and Motorola Solutions, Inc. ("Motorola"), Contract Number 21-PS-124218 / FLP19I267A Original Agreement"), was approved by the Parties on or about July 7, 2020 in Resolution No. R20-065, and amended in Resolution No. R22-045, is further amended as follows which is approved by the authorized signatories: Contract Price Adjustments Original Contract Price: $2,353,970.00 Previous Change Order amounts for Change 0.00 Order numbers 0001 through 0007 This Amendment and Change Order 500,000.00) Total New Contract Price: $1,853,970.00 00542003.1 306-9001821 1 1 of 2 399 MOTOROLA Changes in Business Terms: 1. The City shall receive a $1,303,256.50 technology credit from Motorola, usable towards the P1 CAD/RMS Software Subscription and other Motorola products or services at the City's sole discretion and shall not expire. 2. Motorola will continue to deploy the P1 CAD/RMS On-Premise system, tentatively scheduled for a December 2022 go-live timeframe. 3. After execution of this Amendment/Change Order and Functional Validation and Go- Live of P1 CAD/RMS, the software subscription cost of$370,794.00 per year for sixty 60) months and the term will commence at a monthly rate of$30,899.50. 4. Motorola and the City agree that the City may terminate the Original Agreement, as amended, for convenience with the City providing Motorola thirty (30) days written notification before it terminates for its convenience. 5. The terms, credits, and provisions of the Agreement and Change Order shall survive the termination of this Agreement. 6. In the event a conflict exists between this Amendment and Change Order, and with any other change order. amendment, or agreement, including the Original Agreement, this Amendment and Change Order shall prevail and all terms shall be interpreted to further the intent of this Amendment and Change Order. This Amendment and Change Order represents the resolution or any and all open matters regarding the CAD/RMS System, and unless specifically amended in this Change Order above, all other terms and conditions of the Original Agreement shall remain in full force. The parties hereby execute this Change Order as of the last date signed below. Motorola Solutions,City of Boynton Beach, FL Inc. Digitally signed Daniel byDaniel B Sa Chez Sanchez:zoe22.,,mY solos-osm. Printed Name: Printed Daniel Sanchez Name: 1 t5 Title: Title: Territory Vice President C Date: 11/09/2022 Date: G/2/ 00542003 1306-9001621 i 2a22 400 401 402 403 404 405 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases over $100,000 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-186- Award Invitation to Bid No. CS24-037 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating, LLC, for $1,316,712.95, plus a 10% contingency of $131,671.30, for a total amount of $1,448,384.25. Proposed Resolution No. R24-187- Approving a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project. Requested Action: Staff recommends approval of Proposed Resolution No. R24-186 and Proposed Resolution No. R24-187. Explanation of Request: On July 25, 2024, Procurement received and tabulated four (4) proposals for Road Resurfacing and Pedestrian Crossing Project, with a mandatory pre-bid meeting held on May 22, 2024, to review the project with interested and qualified contractors. The scope of work includes providing all labor, materials, and equipment necessary according to the specifications and paving locations lists for Lake Boynton Estates. It was determined that this award be recommended to Atlantic Southern Paving and Sealcoating, LLC. In 2019, road scoring was performed, and currently, the roads are approaching a D condition rating. The road condition will continue to deteriorate, increasing the repair costs. The project will include milling and resurfacing, structural road repairs, milling existing distressed pavement, asphaltic pavement, replacing existing asphalt traffic calming features, all thermoplastic pavement markings, signage, and pavement markings to restore the road to an A-scoring rating. The repairs are for Lake Boynton Estates, NW 1st Ave, W Ocean Avenue, SW 1st Ct, SW 1st Avenue, West Ocean Drive, SW 1st, 2nd, and 3rd Avenues, and NW/SW 7th Street. How will this affect city programs or services? The project will decrease the maintenance costs, beautify the area, and eliminate potential trip hazards. 406 Fiscal Impact: This is not a budgeted item. Staff recommends transferring funds from the general funding account into the CIP Streets Improvements account. Attachments: R24-186 Agenda_Item_1941-2023_Resolution_for_ITB_No._CS24-037_Award_Final.docx Exhibit A to Resolution - CS24-037 Contract - First Signature.pdf Exhibit A to Contract -Neighborhood Site Plan.pdf Exhibit B to Contract -Loop Road-SW 1st Ct-SW 1rst Ave.pdf Exhibit C to Contract-Ocean Dr .pdf R24-187 Agenda_Item_1941- 2023_Resolution_for_Budget_Amd_for_Lake_Boynton_Estates.docx Exhibit A to Resolution - FY2324 Fund 303 Budget Amendment for Lake Boynton Estates.pdf Commission Presentation -Task 146 Lake Boynton Estates.pptx 407 RESOLUTION NO. R24-1861 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. CS24-037 FOR THE 4 LAKE BOYNTON ESTATES ROAD RESURFACING AND PEDESTRIAN 5 CROSSING PROJECT TO ATLANTIC SOUTHERN PAVING AND 6 SEALCOATING, LLC; APPROVING A CONSTRUCTION CONTRACT WITH 7 ATLANTIC SOUTHERN PAVING AND SEALCOATING, LLC FOR $1,316,712.95 8 PLUS A 10% CONTINGENCY OF $131,671.30 FOR A TOTAL AMOUNT OF 9 $1,448,384.25; AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS,on July 25, 2024, the Procurement Division received and tabulated four (4) 12 proposals for Road Resurfacing and Pedestrian Crossing Project, with a mandatory pre-bid 13 meeting held on May 22, 2024, to review the project with interested and qualified contractors. 14 The scope of work includes providing all labor, materials, and equipment necessary to complete 15 designated paving projects in Lake Boynton Estates. It was determined that this award be 16 recommended to Atlantic Southern Paving and Sealcoating, LLC; and17 WHEREAS,in 2019, road scoring was performed, and currently the roads are approaching 18 a D condition rating. The road condition will continue to deteriorate, increasing the repair costs; 19 and20 WHEREAS,the project will include milling and resurfacing, structural road repairs, milling 21 existing distressed pavement and asphaltic pavement, replacing existing asphalt traffic calming 22 features, all thermoplastic pavement markings, signage, and pavement markings to restore the 23 road to an A-scoring rating.24 WHEREAS,the repairs are for Lake Boynton Estates NW 1st Avenue, W Ocean Avenue, 25 SW 1st Ct., SW 1st Avenue, West Ocean Drive, along with SW 1st, 2nd, and 3rd Avenues, and26 NW/SW 7th Street; and27 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 28 the best interests of the citizens and residents of the City to award Invitation to Bid No. CS24-037 29 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project to Atlantic 30 Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic 31 Southern Paving and Sealcoating LLC for $1,316,712.95 plus a 10% contingency of $131,671.30 32 for a total amount of $1,448,384.25.33 408 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, hereby awards39 Invitation to Bid No. CS24-037 for the Lake Boynton Estates Road Resurfacing and Pedestrian 40 Crossing project to Atlantic Southern Paving and Sealcoating, LLC.41 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby approves 42 the Construction Contract for Lake Boynton Estates Road Resurfacing and Pedestrian Crossing 43 Projects with Atlantic Southern Paving and Sealcoating, LLC, for $1,316,712.95 plus a 10% 44 contingency of $131,671.30 for a total amount of $1,448,384.25 (the “Contract”), in form and 45 substance similar to that attached as “Exhibit A.”46 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the Mayor to execute the Contract and such other related documents as may be 48 necessary to accomplish the purpose of the Contract and this Resolution.49 SECTION 5.One fully executed original of the Contract shall be retained by the City 50 Clerk as a public record of the City. A copy of the fully executed Contract shall be provided to 51 Michael Dauta to forward to the Vendor.52 SECTION 6.This Resolution shall take effect in accordance with law.53 [signatures on following page]54 55 56 57 58 59 60 409 61 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.62 CITY OF BOYNTON BEACH, FLORIDA63 YES NO64 Mayor – Ty Penserga __________65 66 Vice Mayor – Aimee Kelley __________67 68 Commissioner – Angela Cruz __________69 70 Commissioner – Woodrow L. Hay __________71 72 Commissioner – Thomas Turkin __________73 74 VOTE ______75 ATTEST:76 77 ___________________________________________________________78 Maylee De Jesús, MPA, MMC Ty Penserga79 City Clerk Mayor80 81 APPROVED AS TO FORM:82 (Corporate Seal)83 84 _______________________________85 Shawna G. Lamb86 City Attorney87 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 RESOLUTION NO. R24-1871 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A CAPITAL APPROPRIATION AMENDMENT 4 FOR BUDGET YEAR 2023-2024 FOR THE LAKE BOYNTON ESTATES ROAD 5 RESURFACING AND PEDESTRIAN CROSSING PROJECT; AND FOR ALL 6 OTHER PURPOSES. 7 8 WHEREAS,the Fiscal Year 2023 -2024 Budget was adopted on September 27, 2023; and9 WHEREAS,staff is requesting Commission approval to amend the Fiscal Year 2023-2024 10 budget as noted specifically on Exhibit A; and11 WHEREAS, the City Commission, upon staff recommendation, has deemed it in the best 12 interests of the City's citizens and residents to approve a Capital Appropriation Amendment for 13 Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing 14 project. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 17 BEACH, FLORIDA, THAT:18 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption.20 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 21 approve a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton 22 Estates Road Resurfacing and Pedestrian Crossing project as further detailed in “Exhibit A. “23 SECTION 3.This Resolution shall take effect in accordance with law.24 25 [signatures on the following page]26 27 28 29 30 439 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.31 CITY OF BOYNTON BEACH, FLORIDA32 YES NO33 Mayor – Ty Penserga __________34 35 Vice Mayor – Aimee Kelley __________36 37 Commissioner – Angela Cruz __________38 39 Commissioner – Woodrow L. Hay __________40 41 Commissioner – Thomas Turkin __________42 43 VOTE ______44 ATTEST:45 46 ___________________________________________________________47 Maylee De Jesús, MPA, MMC Ty Penserga48 City Clerk Mayor49 50 APPROVED AS TO FORM:51 (Corporate Seal)52 53 _______________________________54 Shawna G. Lamb55 City Attorney56 440 Exhibit A 2023/24 2023/24 AMENDMENT APPROVED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER Project Name / Comments/ Vendor GENERAL FUND 303‐0000‐389.91‐00 FUND BALANCE APPROPR 5,460,157$ 1,450,000 6,910,157$ Approved Fund Total Revenues 8,977,989$ 1,450,000$ 10,427,989$ 303‐4905‐541.63‐08 STREET IMPROVEMENTS 3,856,624 1,450,000 5,306,624 TR24XX Lake Boynton Estates Road Resurf. Approved Fund Total Expenses 8,977,989$ 1,450,000$ 10,427,989$ CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2023‐24, Commission Meeting 07/16/24 Amendment S:\Finance\Budget Amendments and Transfers\FY2023‐24\Current Year Amendment\FY2324 Fund 303 Budget Amendment for Lake Boynton EstatesAmendment 082020241 8/9/20245:27 PM441 CS24-037 Task 146Lake Boynton Estates Carl Frumenti Division Director Construction Services-Public Works Email: Frumentic@bbfl.us Phone: 561-742-6238 442 Project Overview • District 1 • District 3 Project Location Project Components • Boynton Lakes Neighborhood • New Loop Road • Ocean Drive District 1 Ocean Dr. District 3 Neighborhood & Loop Rd Project Cost • Bid Cost $1.32M • 10% Contingency • Total Cost $1.45M 443 Project Justification Existing Conditions • “C & D” Scored Roads (2019) / Pavement Distresses • East portion of neighborhood prone to flooding • Inconsistent swales impacting holding capacity • Sidewalk trip hazards and undermining • Obsolete ADA accommodations SW 3rd Ave SW 7th St Eroded Swale Condition & Undermined Sidewalk 444 Project Objectives and Scope of Work Local Arterial Roads (SW 7th St.& Ocean Drive) • Provide newly re-surfaced to roads to enhance public safety and enhanced service to surrounding neighborhoods • Complete structural road repairs prior to resurfacing • Construct new ADA features to meet current standards • Construct new sidewalk infill locations to complete pedestrian network and enhance safety & service for pedestrians • Replace thermoplastic pavement markings and bring to current standards to aid motorist visibility and safety SW 8th St (completed Feb 2024) 445 • Provide newly re-surfaced to roads within the residential neighborhood • Construct and or re-contour new uniform swales to maximize runoff holding volumes • Construct new sidewalk infill locations to complete pedestrian network/ enhance safety & service for pedestrians • Replace thermoplastic pavement markings at all STOP conditions • Repair broken and undermined sidewalk locations Local Ancillary Roads (residential roads) Project Objectives and Scope of Work 446 Project Duration • Bid Opening 5/17/24 • Bid Award Date 7/30/24 • Project Duration – 270 days • Anticipated Project Start Up Oct. ’24 • Anticipated Project Completion – June ‘25 Timeline 447 THANK YOU & QUESTIONS 448 City of Boynton Beach Agenda Item Request Form 7.F Consent Bids and Purchases over $100,000 08/20/2024 Meeting Date: 08/20/2024 Proposed Resolution No. R24-188- Approve the Second Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East Water Treatment Plant Generator Replacement Project- Phase 2B to proceed with the final step of construction in a two-step construction format and approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction phase of the Progressive Design Build project. Requested Action: Staff recommends approval of Proposed Resolution No. R24-188. Explanation of Request: The City Commission previously approved Phase 1 and Phase 2A of a Progressive Design Build contract with Globaltech, Inc. pursuant to Resolution No. R20- 077 and R20-158 to provide required back-up generator power, pump header replacement for High Service Pumps 1 through 4, piping modifications, and restoration at the East Water Treatment Plant. Phase 1 and Phase 2A included preliminary design services, preliminary construction, final design, and development of the Guaranteed Maximum Prices (GMPs) for phases 2A and 2B of construction, the procurement of equipment and material with long lead times and have been completed. Construction will be implemented in a two-step process. This Second Amendment is for the final step of construction, Phase 2B, and includes design, permitting, final construction, start-up, and commissioning of the generators. The Utilities Department is requesting that the Commission also approve the transfer of funds to increase the project's budgeted amount based on the negotiated GMP for the construction phase. How will this affect city programs or services? The project will provide a more reliable backup power system to the East Water Treatment Plant during storm events, natural disasters, and prolonged power failures and system outages from Florida Power and Light and enable the City to continue to provide a high level of service to our water customers. The East Water Treatment Plant is required to have suitable back-up power per the Florida Administrative Code (FAC) and as per Federal and State Drinking Water regulations. Fiscal Impact: The project was budgeted. Funds for the project are available in the Utilities CIP account 403- 449 5000-533-65.02 project# WT1902. Based on the GMP the additional funds in the amount of $1,200,000 will be transferred to fund the ongoing project needs. Attachments: R24-188 Agenda_Item_1946-2023_Resolution_for_Globaltech_Amd__2.docx BB_E_WTP_Generator_Replacement_Phase_2B_Contract_Rev2.1 (1)-Clean.docx Resolution No. R20-077 with contract.pdf Resolution No. R22-158 with Amd #1 450 RESOLUTION NO. R24-1881 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE PROGRESSIVE 4 DESIGN BUILD AGREEMENT WITH GLOBALTECH, INC. IN THE AMOUNT OF 5 $7,032,108 FOR THE EAST WATER TREATMENT PLANT GENERATOR 6 REPLACEMENT PROJECT- PHASE 2B TO PROCEED WITH THE FINAL STEP OF 7 CONSTRUCTION IN A TWO-STEP CONSTRUCTION FORMAT; APPROVE A 8 UTILITY CAPITAL IMPROVEMENT FUND 403 BUDGET TRANSFER BASED ON 9 THE GUARANTEED MAXIMUM PRICE NEGOTIATED FOR THE 10 CONSTRUCTION PHASE OF THE PROGRESSIVE DESIGN BUILD PROJECT; 11 AND FOR ALL OTHER PURPOSES. 12 13 WHEREAS,the City entered into a Progressive Design/Build Agreement for East Water 14 Treatment Plant Replacement Generator with Globaltech, Inc., dated September 11, 2020, 15 approved by the City Commission by Resolution No. R20-077 on August 4, 2020; and16 WHEREAS,the City entered into a First Amendment to the Agreement dated November 17 14, 2022, approved by the City Commission by Resolution No. R22-158 on November 1, 2022; and18 WHEREAS,the parties desire to enter into a Second Amendment in the amount of 19 $7,032,108 for the East Water Treatment Plant Generator Replacement Project- Phase 2B for the 20 final step of construction, including design, permitting, final construction, start-up, and 21 commissioning of the generators; and22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be 23 in the best interests of the citizens and residents of the City to approve an Amendment to the 24 Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East 25 Water Treatment Plant Generator Replacement Project- Phase 2B to proceed with the final step 26 of construction in a two-step construction format and approve a Utility Capital Improvement Fund 27 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction 28 phase of the Progressive Design Build project.29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 31 BEACH, FLORIDA, THAT:32 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption.34 451 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve a Second Amendment to the Progressive Design Build Agreement between Globaltech, 36 Inc., and the City in the amount of $7,032,108 for the East Water Treatment Plant Generator 37 Replacement Project- Phase 2B to proceed with the final step of construction in a two-step 38 construction format (the “Amendment”), in form and substance similar to that attached as 39 “Exhibit A.“40 SECTION 3.The City Commission of the City of Boynton Beach, Florida, does hereby 41 approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed 42 Maximum Price negotiated for the construction phase of the Progressive Design Build project.43 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Amendment and such other related documents as may be 45 necessary to accomplish the purpose of this Resolution.46 SECTION 5.The City Clerk shall retain one fully executed original of the Amendment as 47 a public record of the City. A copy of the fully executed Amendment shall be provided to Joel 48 Lacroze to forward to Globaltech, Inc.49 SECTION 6.This Resolution shall take effect in accordance with law.50 51 52 53 [signatures on the following page]54 55 56 57 58 59 60 452 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.61 CITY OF BOYNTON BEACH, FLORIDA62 YES NO63 Mayor – Ty Penserga __________64 65 Vice Mayor – Aimee Kelley __________66 67 Commissioner – Angela Cruz __________68 69 Commissioner – Woodrow L. Hay __________70 71 Commissioner – Thomas Turkin __________72 73 VOTE ______74 ATTEST:75 76 ___________________________________________________________77 Maylee De Jesús, MPA, MMC Ty Penserga78 City Clerk Mayor79 80 APPROVED AS TO FORM:81 (Corporate Seal)82 _______________________________83 Shawna G. Lamb84 City Attorney85 453 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 1 /20 This SECOND AMENDED AGREEMENT made effective as of September 11, 2020, as modified by the First Amended Agreement on November 14, 2022, and this Second Amended Agreement on August 20, 2024, by and between the following parties, for services in connection with the Project identified below: OWNER: The City of BoyntonBeach,Florida 100 E. Ocean Avenue BoyntonBeach,FL33435 PO Box 310 Boynton Beach, FL 33425-0310 DESIGN-BUILDER: Globaltech, Inc. 6001BrokenSoundParkway Suite 610, Boca Raton, FL 33487 PROJECT: RFQ # 006-2821-20/TP – East Water Treatment Plant Generator Replacement Progressive Design-Build WHEREAS, the CITY solicited proposals from qualified Design-Build Firms to provide the procurement and installation of the replacement generator at the East Water Treatment Plant. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for non-exclusive Contracts to perform professional services, and WHEREAS, at its meeting August 4, 2020 by Resolution No.:R20-077, the CITY Commission authorizedtheproperCITYofficialstoexecuteContracthereinafterreferredtoasContractNo.:006-2821- 20/TP. WHEREAS, at its meeting November 1, 2022 by Resolution No.: R22-158, the CITY Commission authorized the proper CITY officials to execute an amendment to this Contract in order to proceed with Phase 2A. WHEREAS, at its meeting August 20, 2024 by Resolution No.: R24-____, the CITY Commission authorized the proper CITY officials to execute a second amendment to this Contract in order to proceed with Phase 2B. WHEREAS, the Contract approved by Resolution No. R20-077, as amended by Resolution No. R22-158 and R24-____ are collectively referred to as Contract No.: 006- 2821-20/TP. In consideration of the mutual 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 phasedbasis. Phase 1 Services.Owner has selected Design-Builder on the basis of Design-Builder’s proposal for the performance of design, pricing, and other services for the Project during Phase 1. Design- Builder shall perform such services to the level of completion required for Design-Builder to 454 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 2 /20 establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 in conjunction with Attachment B. Design-Builder’s Compensation for Phase 1 Services is set forth in Section 1, Phase 1, of Attachment B, Compensation. The level of completion required for Phase 1 Services is defined in Attachment A, Scope of Work (either as a percentage of design completion or by defineddeliverables). 1.2 Addendum to Phase 1 Services. The Design-Builder’s shall perform such services to the level of completion required for Design-Builder to establish the Contract Price for Phase 2A and shall perform such services to the level of completion required for Design-Builder to establish the Contract Price for Phase 2B during Phase 2A as set forth in Section 1.5 1.3 Phase 2 Services. Design-Builder’s Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project, the performanceof construction services for the Project,the start-up, testing,andcommissioning ofthe Facility, and the provision of warranty services, all as further described in Attachment A,Scope of Work.UponreceiptofDesign-Builder’sproposed ContractPriceforPhase2,Ownermay(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) reject 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 1.52, Off-Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2,Phase 2, of Attachment B,Compensation, 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, Design-Builder shall perform the Phase 2 services, all as further described in Attachment A, Scope of Work, as it may be revised. 1.4 Addendum to Phase 2 Services. Design-Builder’s Phase 2A services shall consist of the completion of design services for the Project, the procurement of materials and equipment for the Project,the performance oflimited construction services within the scope of Phase2A, the services to the level of completion required for Design-Builder to establish the Contract Price for Phase 2B, and the provision of warranty services, all as further described in Attachment A, Amendment 001, and Scope of Work. Upon receipt of Design-Builder’s proposed Contract Price for Phase 2A,Owner may(a) accept theContractPriceand issueaNotice toProceed with Phase2A services, or (b) enter into a negotiation with Design-Builder on the scope and Contract Price, and, if required, on the schedule, for Phase 2A services to achieve a mutually acceptable basis on which to proceed, or (c) reject Design-Builder’s proposal for Phase 2A and either (i) cancel the Project, (ii) proceed with anotherDesign-Builder, or(iii)exercise the “off-ramp” final design provisions of Section 1.52, Off- Ramp. The Contract Price for Phase 2A Services will be set forth in Section 2, Phase 2A-Addendun to Phase 2, of Attachment B,Compensation, 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, Design-Builder shall perform the Phase 2A services, all as further described in Attachment A, Scope of Work, as it may be revised. 1.5 Design-Builder’sPhase2Bservicesshallconsistofthecompletionofconstructionservices for the Project, the start-up, testing, and commissioning of the Facility, and the provision of warranty services,surveyedAs-BuiltDrawingstobesignedsealedbyasurveyor,andallother servicesasfurther describedin Attachment A,Amendment002,and Scope of Work. Upon receipt of Design-Builder’s proposed Contract Price for Phase 2B, Owner may (a) accept the Contract Price and issue a Notice to Proceed with Phase 2B services, or (b) enter into a negotiation withDesign-Builder on the scope and Contract Price, and, if required, on the schedule, for Phase 2B services to achieve a mutually acceptablebasisonwhichtoproceed, or (c) reject Design-Builder’s proposal for Phase 2B and either (i) cancel the Project, (ii) proceed with another Design-Builder, or (iii) exercise the “off-ramp” final design provisions of Section 1.52, Off-Ramp. The Contract Price for Phase 2B Services will be set forth in Section 2, Phase 2B-Addendum to Phase 2B, of Attachment B, Compensation, 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 2B, Design-Builder shall perform the Phase 2B 455 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 3 /20 services, all as furtherdescribedinAttachment A,Scopeof Work, as it may be revised. 1.6 Off-Ramp. 1.6.1 The parties acknowledge that Owner’s ability to successfully complete the Project may 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 Project. Consequently, Design-Builder hereby agrees that if Owner 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-consultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 1.6.2 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 time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 1.6.2.1 Owner may declare Phase 1 Services completed and authorize Design-Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as applicable; or 1.6.2.2 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. 1.6.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, 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. 1.6.4 If Owner terminates the relationship with Design-Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design-Builder shall have no further liability or obligations to Owner under this Agreement. 1.7 Completion.OnceDesign-BuilderhasreceivedaNoticetoProceedwithPhase2,Design-Builder shall performall designandconstructionservices,andprovide 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 thefollowing: 1.All written modifications, amendments and change orders to this Agreement issued in accordance with Attachment D, General Conditions; 2.Written Supplementary Conditions, if any, to the General Conditions; 3.This Agreement, including all exhibits and the following attachments: Attachment A Scope of Work Section 1 Phase 1 Scope of Work Section 2 Phase 2 Scope of Work 456 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 4 /20 Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Pricefor Phase2Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity, Insurance &Bonding Attachment F Owner’s Project Design-Build Criteria by Reference. Attachment G Special Conditions 4.Construction Documents prepared and reviewed in accordance with GC 2.4; to be developed in Phase 2A and Phase 2B. 5.The following other documents, if any, attached hereto: (List, for example, Unit Price Schedules, Design-Builder’s allowances, Design-Builder’s rates for design services, and any other document Owner and Design-Builder elect to make a Contract Document) 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 1 Compensation and the agreed Contract Price for Phase 2A Services and Phase 2B. 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. 3.2 Meanings. Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in GC 1.2. 3.3 Entire Agreement. The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fullybinding on the parties as if repeated herein in their entirety. 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 under the Contract Documents, 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 Product 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 457 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 5 /20 Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8.0 (“Termination for Convenience”), or if Design-Builder elects to terminate this Agreement in accordance with GC 9.5 (“Design-Builder’s 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 deemed to have grantedOwner a limitedlicense to use theWorkProduct to completethe Project and subsequently use and occupy the Project, conditioned on the following: 1.Use of the Work Product is at Owner’s sole risk without liability or legal exposure to Design-Builder or anyone working 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 and Terminate for Cause”) and(i) it is determined that Design-Builder was in default, and(ii) Owner has fullysatisfied all of its obligations under the Contract Documents, then Design-Builder shall grant Owner a limitedlicensetousetheWorkProductin connectionwithOwner’scompletion, useandoccupancy 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 of an early termination of the Work, whether for convenience or for cause, Design-Builder will not have the opportunitytofinishortofinalizeits WorkProduct. Therefore,ifOwnerusestheWork Product under Sections 4.3 or 4.4 inwhole or in part, Owner agrees to defend,indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees, arising out of or resulting from 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. 5.1.1 Design-Builder’s Phase 1 Services shall commence within five (5) days of Design- Builder’s receipt of Owner’s Phase 1 Notice to Proceed unless the parties mutually agree otherwise in writing. The parties shall use their best efforts to complete the Phase 1 Services within the time durations detailed in Attachment C. Section Entitled; “SCHEDULE”. 5.1.2 The Phase 2A Services shall commence on the date within five (5) days of Design- Builder’s receipt of Owner’s Phase 2A Notice to Proceed (“Date of Commencement”) unless the parties mutually agree otherwise in writing. 5.1.3 The Phase 2B Services shall commence on the date within five (5) days of Design- Builder’s receipt of Owner’s Phase 2B Notice to Proceed (“Date of Commencement”) unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 SubstantialCompletionoftheentireWorkshallbeachievednolaterthan ThreeHundred Sixty-Five (365) calendar days after the Date of Commencement (“Scheduled Substantial Completion Date”). 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved in accordance with Attachment C, Schedule. 458 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 6 /20 5.2.3 Final Completionof theWork or identifiedportionsofthe Workshall be achievedwithin Sixty (60)days after Substantial Completion. 5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the General Conditions. 5.3 Time is of Great Importance. Owner and Design-Builder mutually agree that timeis of great importance with respectto the dates and times set forth in the Contract Documents. Owner agrees to provide all site access, materials, information, data, and approvals required under the Contract Documents in a timely 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 Completion is not achieved by the Scheduled Substantial Completion Date (as it may be extended hereunder), Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the “LD Date”), Design-Builder shall pay Owner One Thousand Dollars ($1,000.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date, up to a maximumof: Fifty Thousand Dollars ($50,000.00). The liquidated damages provided herein shall be in lieu of all liability for any and 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 Damages shall be assessedin the event that Owner takes early beneficial occupancy of the Facilityor makes partial usethereof for operatingor commercial purposes before Substantial Completion is achieved. 5.5 Early Completion Bonus. If Substantial Completion is achieved on or before Twenty (20)days before the Scheduled Substantial Completion Date (the “Bonus Date”), Owner shall pay Design-Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of Five Hundred Dollars ($500.00)for each day that Substantial Completion is achieved earlier than the Bonus Date. Such Early Completion bonus shall not exceed Eight Thousand Dollars ($8,000.00)in the aggregate. Article 6.0 Compensation and Contract Price 6.1 Phase1Compensation.ForthePhase1Services,Ownershall payDesign-Buildercompensation in accordance with Section 1, Phase 1, of Attachment B, Compensation. 6.2 Phase 2 Contract Price.For the Phase 2 Services, Owner shall pay Design-Builder in accordance withSection2,Phase2,ofAttachmentB,Compensation,anagreedContractPriceequaltoDesign- Builder’s Fee (as defined in Attachment B) plus the Cost of the Work (as defined in Attachment B), subject to adjustments made in accordance with the General 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 1 Services performed under 459 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 7 /20 the Agreement per Attachment B, Section 1. 7.1.2 Owner shall pay Design-Builder for Phase 1 Services within thirty (30) days after Owner’s receipt of each properly submitted and accurate Application for Payment in accordance with the provisions of GC 5.1 (“Payment for Phase 1 Services”) and 5.4 (“Withholding of Payments”). 7.2 Progress Payments for Phase 2 Services 7.2.1 An initial payment of Zero dollars ($0)shall be made upon execution of this Agreement and credited to Owner’s account at final payment 7.2.2 Design-Builder shall submit to Owner on or before the tenth (15th) day of each month, beginning with the first month after the Date of Commencement, Design-Builder’s Application for Payment in accordance with GC 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 of payments previously made, and less any amounts properly withheld under GC5.4(“WithholdingofPayments”)andSection7.3below(“RetainageonProgress Payments”). 7.2.4 If Design-Builder’s Fee is a fixed amount, the amount of Design-Builder’s Fee to be included in Design-Builder’s monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder’s Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain Five percent (5%) of each Application for Payment provided, however, thatwhen Fifty percent (50%) of the Work has been completed by Design-Builder, andif the Work is proceeding satisfactorily, then Owner will not retain any additional amounts from Design-Builder’s subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in theProject. 7.3.2 Upon Substantial Completion of the entire Work or, if applicable, any portionof the Work, pursuant to GC 5.7 (“Substantial Completion”), Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion or other withholdings pursuant to GC 5.4. 7.4 Final Payment 7.4.1 Design-Builder shall submit its Final Application for Payment to Owner in accordance withGC5.8(“Final Payment”). Ownershallmake payment onDesign-Builder’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 5.8.2. 7.5 Record Keeping and Financial Controls 7.5.1 Design-Builder acknowledgesthat thisAgreement is to be administeredonan“open book” arrangement relative to Costs of the Work, includingthe development and agreement upon the Contract Price for Phase 2 Services. Design-Builder shall keep full and detailed accounts and exercise such controls as maybe necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles, and in such accounts as may be necessary for Owner’s utility accounting 460 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 8 /20 purposes. During the performance of the Work and for a period of three (3) years after Final Payment,Ownerand Owner’saccountants shallbeaffordedaccessfromtimetotime, upon reasonable notice, to Design-Builder’s records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment, provided, 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 sum, or unit rates for any element of cost. Article 8.0 Representatives of the 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: PoonamKalkat, PhD Utilities Director 124 E Woolbright Road BoyntonBeach, FL33435 561-742-6403 8.1.2 Owner designates the individual listed below as its Owner’s Representative, which individual has the authority and responsibility set forth in GC 3.4 (“Owner’s Representative”): Keith Webber, PE Deputy Director, UtilitiesOperations 124 E Woolbright Road BoyntonBeach, FL33435 561-742-6454 8.2 Design-Builder’sRepresentatives 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: PaulGandy,PE Globaltech, Inc. 6001 BrokenSound Parkway Suite 610 Boca Raton,FL33487 Phone: 561-997-6433 Design-Build Project Manager 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 2.1.1: NicoShaner,PE Globaltech, Inc. 6001 BrokenSound Parkway Suite 610 Boca Raton,FL33487 Phone: 561-997-6433 Design Project Manager 461 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 9 /20 Article 9.0 Indemnity, InsuranceandBonds 9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Article 4.0, above, and in Section 1.0, Indemnity, of Attachment E, Indemnity, Insurance &Bonding. 9.2 Insurance. The parties shall procure the insurance coverages set forth in Attachment E, Indemnity, Insurance & Bonding, in accordance withthe 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, of Attachment E, Indemnity, Insurance & Bonding. Article 10.0 Other Provisions 10 Other provisions, if any, are asfollows: 10.1 MutualWaiverof Consequential Damages: Notwithstandinganyother provisionof thisAgreement to the contrary, neither party including their officers agents, servants and employee shall be liable to the other for lost profits or anyspecial, 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 Limitationof Liability: Notwithstandingany provisionto the contrarycontainedinthis Agreement, Design-Builder’s totalliabilitytoOwnerforanyandallinjuries,claims,losses,expensesordamage whatsoever from any cause or causes, including but not limited to Design Builder’s negligence, errors, omissions, strict liability or breach of contract, or breach of warranty, shall not exceed the total amount of $50,000 or the fee Design Builder receives under this Agreement whichever is greater. 10.3 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 in Sudan List, and not on the Scrutinized Companies with Activitiesinthe IranPetroleumEnergySector List,orhasDesign-Builderbeenengagedinbusiness 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 of false certification was made in error. If Design-Builder 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. 10.4 TRADE SECRET: Any language contained in the Design-Builder’s Proposal purportingto 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 Laws), the Design- Builder shall clearly designate that it is a Trade Secret and that it is asserting that the document or 462 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 10 /20 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 exemption applies shall be final, and the Design-Builder 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. 10.5 PUBLIC RECORDS: The City is a public agency subject to Chapter 119, Florida Statutes. The Design-Builder shall comply with Florida’s Public Records Law. Specifically, the Design-Builder 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 timeatacostthatdoesnotexceedthecostprovidedinchapter119,Fla.Stat.orasotherwise 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, Design- Builder shall destroy all copies of such confidential and exempt records remaining in its possession once the Design-Builder transfers the records in its possession to the City; and 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 information technology systems of the City. IF THE DESIGN-BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DESIGN-BUILDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DEJESUS 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 CITYCLERK@BBFL.US 463 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 11 /20 10.6 VERIFICATION OF EMPLOYMENT ELIGIBILITY:Design-Builder represents that Design- Builder and each subcontractor have registered with and use 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 Design-Builder violates this section, City may immediately terminate this Agreement for cause, and Design-Builder shall be liable for all costs incurred by City due to the termination. 10.7 PUBLIC ENTITY CRIMES ACT:Design-Builder 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. Design-Builder 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 actdefined as a “public entity crime” regardless of the amount of money involved or whether Design-Builder has been placed on the convicted vendor list. 10.8 ANTI-HUMAN TRAFFICKING:On or before the Effective Date of the Agreement, Design-Builder shall provide City with an affidavit attesting that the Design-Builder does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 10.9 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 Section 768.28, Florida Statutes. In executing this Second Amended Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, arid each has the necessary corporate approvals to execute this Agreement,and perform the services described herein. 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. 464 SECOND AMENDED PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ©Copyright 2013 by The Water Design-Build Council (WDBC) WDBC Document No. W-1701-2013 Progressive Design/Build Agreement Page 12 /20 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 20th day of August,2024. CITY OF BOYNTON BEACH City Manager Attest/Authenticated:Title: President (Corporate Seal) City Clerk Approved as to Form: Office of the City Attorney 465 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR Page A-1 7/27/20 WDBCDocument No.W-1702-2013 Attachment A – Scope of Work ATTACHMENT A SCOPE OF WORK SECTION1 PHASE 1 1.0 Design-Builder shall exercise reasonable skill and judgment in the furnishing of design services. Architectural and engineering services shall be furnished by licensed employees of Design-Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design- Builder is responsible for the following Preliminary Design-Build Services: 1.1 Preliminary Evaluation. Design-Builder shall provide a preliminary evaluation of the Project’s feasibility based on the Owner’s Program and other relevant information. 1.2 Preliminary Schedule. Design-Builder shall provide a preliminary schedule for Owner’s written approval. The schedule shall show the activities of Owner and Design-Builder necessary to meet Owner’s completion requirements. 1.3 Preliminary Estimate. Design-Builder shall prepare for Owner’s written approval a preliminary estimate utilizing area, volume, or similar conceptual estimating techniques. The level of detail for the estimate shall reflect the Owner’s Program and any additional available information. If the preliminary estimate exceeds Owner’s budget, Design-Builder shall make written recommendations to Owner. 1.4 Preliminary Design Documents. Design-Builder shall submit for Owner’s written approval Preliminary Design Documents, based on the Owner’s Program and otherrelevant information. Preliminary Design Documents shall include drawings, outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site. One set of these Documents shall be furnished to Owner. Design-Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.5 Division of Responsibility. Design-Builder shall prepare for Owner’s review a proposed Division of Responsibility with respect to the Project, showing (a) equipment, materials, labor, andservicesto be providedby Design-Builder, (b) access, equipment, materials, data, information, and approvals to be provided by Owner, and (c) any items necessary for the Project to be provided by third parties. 1.6 Contract Price Proposal. Based on the Preliminary Design-Build Services, Design- Builder shall prepare for Owner’s consideration a proposed Contract Price for the Phase 2A Services. The Contract Price for Phase 2B Services will be prepared and submitted during Phase 2A for the Owner’s consideration. 1.7 Additional Services.Design-Builder shall provide the following additional services, if any: 1.7.1 See Attachment F –Owner’s Design-Build Criteria. Phase 1 Scope ofWork. . 466 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR Page A-2 7/27/20 WDBCDocument No.W-1702-2013 Attachment A – Scope of Work SECTION2 PHASE 2 (Phase 2A and Phase 2B) 2.1 Completion of Design 2.1.1 Drawings and Specifications Design-Builder shallsubmitfor Owner’sreviewandwritten comment DrawingsandSpecifications based on the Contract Documents and the Preliminary Design Documents prepared under Phase 1 and anyfurther development of Contract Documentsthat have been approvedin writingby Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work, and shall be based upon codes, laws or regulations enacted at the time of their preparation, provided, however, that if such codes, law, or regulations have changed between the date on which Design-Builder submitted its proposed Contract Price and the date of preparation, then Design- Builder shall be entitled to an equitable adjustment in the compensation and/or the Schedule. Preliminary construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. Design-Builder shallsubmit for Owner’sreviewandwrittencomment DrawingsandSpecifications based on the Contract Documents and the Final Design Documents prepared under Phase 2A and anyfurther development ofContract Documents that have been approvedin writingby Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work, andshallbebaseduponcodes,lawsorregulationsenactedatthetimeoftheirpreparation,provided, however, that if such codes, law, or regulations have changed between the date on which Design- Builder submitted its proposed Contract Price and the date of preparation, then Design- Builder shall be entitled to an equitable adjustment in the compensation and/or the Schedule. Final construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2 Manuals Design-Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility, each in such form and in such numbers as the parties may agree, and such other manuals as the parties mayagree. All suchmanuals shall be provided no later than ninety (90) days prior to the scheduled date for the commissioning and startup of the Facility. 2.2 ConstructionServices 2.2.1 Notice to Proceed Following Owner’s written acceptance of Drawings and Specifications under Paragraph 2.1.1 above, Design-Builder will commence the performance of ConstructionServices. 2.2.2 Completion In order to complete the Work, Design-Builder shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 2.2.3 Compliance Design-Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4 Schedule Design-Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C, Schedule, for Owner’s written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when informationandapprovalsarerequiredfromOwner.Itshallberevisedasrequiredbythe conditions oftheWork.The ScheduleofWorkshallbethebasisfor Design-Builder’s managementandcontrol of the project and its reporting of progress to Owner. 2.2.5 Permits Design-Builder shall assist Owner in securing the building permits necessary for the construction of the Project. 2.2.6 Safety and Hazardous Conditions Design-Builder shall take necessary precautions for the safety 467 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR Page A-3 7/27/20 WDBCDocument No.W-1702-2013 Attachment A – Scope of Work of itsemployees onthe Project, andshallcomplywithallapplicable provisionsoffederal,state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Site. Design-Builder, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public. However, Design-Builder shall not be responsible for the elimination or abatement of any pre-existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees,agents, separate contractors or tenants. Owner agrees to cause its employees, agents, separate contractors, and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 2.2.7 Reports As provided in GC 2.1.2, Design-Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work, and also including regularmonitoringof actualcosts for activitiesin progressandestimatesfor uncompletedtasksand proposed changes in the Work. 2.2.8 Site Maintenance At all times Design-Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work. At the completion of the Work, Design- Builder shall removefromthe premises all construction equipment, tools, surplus materials,waste materials and debris. 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or material which maybe considered hazardous or otherwise subject to statutory or regulatory requirements governing handling,disposaland/or clean-up. Design-Builder shallnotbeobligatedtocommenceorcontinue Work until any known or suspected Hazardous Material discovered at the Site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2 If after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site, Owner and Design-Builder shall proceed in accordance with the requirements of GC 4.1 (“Hazardous Conditions & Differing Site Conditions”). 2.4 Patents & Copyright 2.4.1 Design-Builder shall pay all royalties and license fees which may be due on the inclusion of any patentedorcopyrightedmaterials, methodsorsystemsselected byDesign-Builderandincorporated in the Work. Design-Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of suchselection. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Owner or specified in the Performance Criteria or bridging documentsto beincorporatedin theWork. Owner agrees to defend,indemnify and hold Design-Builder harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any such patented or copyrighted materials, methods or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design-Builder’s warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction, shall be as specified in GC 2.9 (“Design-Builder’s Warranty”). 2.5.2 Design-Builder’s warranty to Owner with respect to the performance of the Facility upon 468 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR Page A-4 7/27/20 WDBCDocument No.W-1702-2013 Attachment A – Scope of Work completion shall be as specified in GC 2.11 (“Performance Warranty”). 2.5.3 Those products, equipment, systems, or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties, which extend beyond the description on the facethereof. 2.5.4 All other warranties, express or implied, including any warranty of merchantability and any warranty of fitness for a particular purpose are expressly disclaimed. 2.5.5 Design-Builder shall securerequired certificatesof inspection,testingor approval anddeliver them to Owner. 2.5.6 Design-Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.7 With the assistance of Owner’s maintenance personnel, Design-Builder shall directthe checkout of utilitiesandoperationsofsystemsandequipmentforreadiness,andassistintheircommissioningand initial start-up and testing, all in accordance with the Commissioning and Startup Manual to be provided by Design-Builder. 2.5.8 See Attachment G - Special Conditions 1 – 16 2.6 Limitations of Liability 2.6.1 Limitation of Liability. Design-Builder’s liability for Owner’s damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty, negligence, strict liability, or otherwise, shall be limited as set forth in General Condition GC 2.11 (“Limitations of Liability”) and Article 10 of the Agreement. 2.7 Additional Services Design-Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner’s Program or in an attachment to this Agreement. A writtenagreementbetween Ownerand Design-Builder shalldefine the extent of such Additional Services and compensation therefor. 2.7.1 Documentation of the Owner’s Program, establishing the Project budget (beyond the Cost of the Work), investigating sources of financing, general business planning and other informationanddocumentationasmayberequiredtoestablishthefeasibilityoftheProject. 2.7.2 Consultations, negotiations, and documentation supporting the procurement of Project financing. 2.7.3 Surveys, site evaluations, legal descriptions and aerialphotographs. 2.7.4 Appraisals of existing equipment, existing properties, new equipment and developed properties. 2.7.5 Soils, subsurface and environmental studies, reports and investigations required for submission to governmental authorities or others having jurisdiction over theProject. 2.7.6 Consultations and representations other than normal assistance in securing building permits, before governmental authorities or others having jurisdiction over theProject. 2.7.7 Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner-provided information. 2.7.8 Artistic renderings, models and mockups of the Project or any part of the Project or the Work. 2.7.9 Inventoriesofexistingfurniture, fixtures,furnishingsandequipment whichmightbe under consideration for incorporation into the Work. 469 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR Page A-5 7/27/20 WDBCDocument No.W-1702-2013 Attachment A – Scope of Work 2.7.10 Interior design and related services including procurement and placement of furniture, furnishings, artwork and decorations. 2.7.11 Revising the Preliminary Design, Design Development, or Construction Documents after they have been reviewed by Owner, and which are due to causes beyond the control of Design-Builder. 2.7.12 Design, coordination, management, expediting and other services supporting the procurement of materials tobe obtained,or workto be performed,by Owner, including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Documentreproduction exceeding the allowances provided for in thisAgreement. 2.7.16 Obtaining service contractors and training maintenancepersonnel, assisting and consulting in the use of systems and equipment after the initial start up, and adjusting and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces or third-party facilities not a part of thisAgreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design, construction and start-up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise, regarding the Project. 2.7.20 Preparing reproducible record drawings from marked-up prints, drawings or other documents that incorporate significant changes in the Work made during the Construction Phase. 2.8 Subcontractors. Work not performed by Design-Builder with its own forces shall be performed by Subcontractors. The provisions of this Agreement and the associated ContractDocuments shall be incorporated into all major subcontracts as defined in “schedule of sub-consultant/minority business enterprise (MBE/WBE) participation. 2.8.1 Retaining Subcontractors Design-Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection, provided that Owner agrees to compensate Design-Builder for any additional costs incurred by Design-Builder as provided in GC 2.7.3. Design-Builder shall not be required to retain any Subcontractor to whom Design-Builder has a reasonable objection. 2.8.2 Management of Subcontractors Design-Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design-Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in GC 11.2 (“Owner’s Right to Perform and Terminate for Cause”). Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. 2.9 See Attachment F – Owner’s Design-Build Criteria. Phase 2 Scope ofWork 470 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR Page A-6 7/27/20 WDBCDocument No.W-1702-2013 Attachment A – Scope of Work SECTION3 OWNER’S RESPONSIBILITIES 3.1 Information and ServicesProvided byOwner 3.1.1 Ownershall provide full information regardingrequirements for the Project,includingthe Owner’s Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C, Schedule. 3.1.2 Owner shall provide: 1.All necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, utilities, reports and investigations; 2.Inspection and testing services during construction as required by law or as mutually agreed; and 3.Unless otherwise provided in the Contract Documents, necessary approvals, site plan review, rezoning,easements and assessments, necessarypermits, fees andchargesrequired for the construction, use, occupancy or renovation of permanent structures,including legal and other require services. 3.1.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner’s Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design-Builder under a prior agreement, Owner shall provide the Owner’s Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design-Builder to enter upon public and private property as required for Design-Builder to perform Phase 1 serviceshereunder. 3.2.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. Owner shall provide access to Owner’s e-builder account for purposes of executing project management and reporting requirements. 3.3 Owner’s Responsibilities during Phase 2 (Phase 2A and Phase 2B)Design andConstruction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C,Schedule, asrevised. 3.3.2 If Owner becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design-Builder within five (5) days of so becoming aware. 3.3.3 Unless otherwise agreed by Design-Builder, Owner shall communicate with Design-Builder’s Subcontractors,Suppliers,andDesignConsultants onlythrough Design-Builder. Owner shallhave no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner may provide insurance for the Project as provided in Attachment E, Indemnity, Insurance & Bonding. 3.3.5 Owner shall provide timely, clear and adequate access to the site and any laydownareas. 471 Page 7 of 5 3.3.6 Ownershallprovideallequipment,materials,information,data,andapprovalsrequiredfor Design- Builder’s performance of the Work in a timely and complete manner. 3.3.7 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner’s Representative Owner’s representative, designated in writingand agreed to by Design-Builder: 1.shall be fullyacquainted with the Project; 2.agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work; and 3.have authority to bind Owner in all matters requiring Owner’s approval, authorization or written notice. If Owner changes its representative or the representative’s authority as listed above, Owner shall notify Design-Builder in advance in writing. Design-Builder shall have the right to approve any successor representative. 3.5 City’s Responsibilities 3.5.1 See Attachment G - Special Conditions 15 472 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 8 of 5 SECTION 4 AMENDMENT TO CURRENT CONTRACT TO PROCEED TO PHASE 2A OR PHASE 2B. 4 Attachment A/Amendment 001-Agreeement to proceed to Phase 2A. 4.1 Proposal, Task Order, and Agreement for Phase 2A Scope of Work. 4.2 Attachment A/Amendment 001-Agreeement to proceed to Phase 2B. 4.3 Proposal, Task Order, and Agreement for Phase 2B Scope of Work. Amendment001 October 13, 2022 Mr. Joel Lacroze ProjectManagerIII BoyntonBeachUtilities,Engineering 124 E. Woolbright Rd. Boynton Beach, FL, 33435 RE:East Water Treatment Plant– Generator Replacement Project 006-2821-20/TP Phase 2A Proposal,Rev. 1 Dear Mr. Lacroze, Globaltech is pleased to submit to the City for your review and comment our firm’s Phase 2A Proposal for the East WTP Generator Project. The Scope of Work and GMP proposal for this work was developed in Phase 1 of the progressive design-build contract (prime contract), which consisted of the following: 1.Collaborative project and scope meetings with the City and vendors 2.Design-Build Criteria 3.Site investigations, survey, soil borings, soils analysis, and utilities locate services 4.30%+ design-level drawings 5.Risk assessment and Risk Allocation Register between Design-Builder and the City 6.DRAFT and subsequent revisions of the GMP take off with relevant supporting documents Globaltech’s proposal is as follows: Phase 2A, Early Work Package consisting of the following major scope items with a more detailed list provided herein: 473 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 9 of 5 •Final engineering and permitting of generator improvements and HSP 1 through 4 discharge piping, water main extension, and piping trench support and grating improvements •Final engineering to include surveying and utility locates for proposed 24-inch HSP discharge water main in west driveway area (work not included in Phase 1) •Demolition of the site and subsequent soil analysis. Temporary stabilization of exposed site until subsequent work is completed (grade, gravel/stone, etc.) •Procurement of ductile iron pipe, fittings, valves, and accessories necessary to complete the HSP 1 through 4 discharge piping and water main improvements (installation of these improvements is excluded from Phase 2A) •Crane and miscellaneous equipment rental and off-loading and onsite placement of manufacturer (TAW) supplied generators and associated equipment and ductile iron pipe. •Procurement, installation, and programming of the new PLC (S7-1500) •Value Engineering and development of GMP for the remaining procurement and construction work in subsequent Phase 2B The remaining work for Phase 2B, not included in Phase 2A, would be submitted in a subsequent Phase 2B amendment to the progressive design-build contract. Globaltech’s separate Phase 2A GMP proposals are as follows: 1. Total Phase 2A, Early Work GMP Proposal: $1,556,414.00 We appreciate the opportunity to work collaboratively with the City on this important project and look forward to discussing any comments you may have. Sincerely, PaulGandy,PE President/CEO Globaltech, Inc. 474 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 10 of 5 Phase 2A Scope of Work 1.The Design-Builder includes Florida State Sales Tax unless otherwise noted. 2.The Design-Builder excludes Florida State Sales Tax on large purchases designated for Owner Direct Purchase (ODP) and assumes responsibilityfor materials and equipment as statedin the prime contract. 3.The Design-Builder includesthe cost ofDavis-Bacon PrevailingWage Ratesandaccountingprocedures. 4.The Design-Builder excludes the cost to implement the American Iron and Steel provision of P.L 113- 76, Consolidate Appropriations Act, 2014. 5.The Design-Builder includes the cost of temporary utility connections for power, data, and water. Temporary utility usage of water and power is assumed to be provided by the City. 6.The Design-Builder excludes the removal, hauling, disposal, and replacement of unsuitable soils not identified by the Geotechnical Survey. 7.The Design-Builder excludes the removal and replacement of rock not identified by the Geotechnical Survey. 8.The Design-Builder excludes the removal, hauling, disposal, and abatement of any contaminated soils or groundwater. 9.The Design-Builder excludes the removal, hauling, disposal, and abatement of hazardous materials and associated abatement. 10.The Design-Builder excludes Permit Fees. 11.The Design-Builder includes MaterialTesting Fees. 12.The Design-Builder includes the cost for a temporary office trailer, sanitary facilities, waste disposal facilities, and onsite storage, to the extent allowed by the City, for the design-builders staff and project team, and as needed to execute the work. 13.The Design-Builder includes the imported fill and gravel/rock as required for temporary stabilization of areas of site demolition in anticipation of future Phase 2B activities 14.Pricing contained in this proposal, unless otherwise noted, is not intended as firm fixed pricing per line item but as responsible budgets for future buyouts to accomplish the scopes included in the full GMP proposal. Project costs will be reconciled with the City based on actual costs subject to any cost savings sharing provisions as stated in the prime contract. 15.Design-Builder includes the following contingencies and risk assessment costs in the GMP proposal. If needed, this contingency will be utilized in accordance with the prime agreement: Owner’s contingency for use by Owner: $30,000.00. If needed, this contingency will be utilized in accordance with the prime agreement. Design-Builder’s contingency for use by Design-Builder (subject to reconciliation): $30,000.00. If needed, this contingency will be utilized in accordance with the prime agreement. Design-Builder assumestherisk ofmaterialcostescalationwithanadderof6%overquotedmaterial costs at the final GMP proposal submission. Design-builder will not seek additional funds for material cost escalation above the 6% adder. The escalation risk, as a line item in the GMP, will not be subject to reconciliation. Material items designated for ODP will not be subject to the additional 6% cost adder. 475 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 11 of 5 16.Equipment and materials listed below are expected to be included in an Owner Direct Purchase Program. No sales tax for these items has been included in the proposal; however, the sales tax has been shown and subsequently credited back for transparency purposes. The Owner assumes the risk of cost escalation on ODP items. Items include: Ductileironpipe,fittings,valves,andaccessoriesassociatedwiththe HSPdischargepipingand water main improvements 17.Project work scope elements include: General and Supplemental conditions as stated in the Prime contract Insurance and Bonding Maintenance of Plant Operations (MOPO) Project management activities to include scheduling and project meetings Project accounting activities, including Davis-Bacon Wage Act compliance and monthly GMP reconciliation Final engineering for generator improvements and HSP 1 through 4 discharge piping, water main extension, and piping trench support and grating improvements as needed to obtain permits Final engineering to include surveying and utility locates for proposed 24-inch HSP discharge water main in west driveway area (work not included in Phase 1) Installation and maintenance of temporaryfacilities and MOT requirements Site safety Prepare engineering drawings as required to obtain demolition building permit from the City of Boynton Beach. Exterior demolition of existing facilities to include: •Existingtransformer vault •Decommissioned fuel storage facility, containment structure, canopy,and remaining piping •Bollards •Asphalt/Concretesurfaces •Existing monitor well to include required well closure methods •Building entrance stairs •Miscellaneous conduits and duct banks no longer in use •Closure of existing 24-inch flow meter vault (following completion of 24-inch water main replacement) Additional soil testing to determine the presence of contamination associated with the former FPL transformer vault Site work to include: •Restoration of building façade followingdemolition of transformer vault •Grading, fill, and gravel/rock stabilization of areas of demolition •Monitor well abandonment, closure, and construction of new monitor well Interior HSP work room to include: •Procurement only of ductile iron pipe, fittings, valves, appurtenances, and insertion magmeter 476 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 12 of 5 required for HSP discharge piping and new 24-inch water main extending to the west of HSP room and along west driveway extending north to tie-in point. •Owner to provide onsite storage area for procured materials Crane and miscellaneous equipment rental and crews to receive and off-load: •Generators and related electrical accessories o Ductile iron pipe, fittings, and accessories o Scheduling of deliveries with vendors o Owner to provide onsite storage area for procured materialsProcurement, installation, and programming of new PLC (S7-1500). Programming to include: •Programming and configuration for the Siemens S7-1500 •Redundant controller and remote I/O to support the new generators •Verification for new hardwired and software interface to the generator and ATS controllers to plant controller •Conduct a screen design workshop with the City to discuss the new screen designs •Modify plant SCADA for the new generator data and control screens per the agreed upon design •Provide support for preliminary start up of PLC and plant SCADA interface. Final start up and commissioning to be completed in future Phase 2B 18.Should the project terminate at the close of Phase 2A, Design-Builder shall provide complete project closeout, including record drawings, warranty documentation, finalization of permits, release of liens, bond closeout, and upload of project record to Procore cloud-based project management platform June 13 th, 2024 477 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 13 of 5 Mr. Joel Lacroze ProjectManagerIII BoyntonBeachUtilities,Engineering 124 E. Woolbright Rd. Boynton Beach, FL, 33435 RE:East Water Treatment Plant– Generator Replacement Project 006-2821-20/TP Phase2BProposal Dear Mr. Lacroze, Globaltech is pleased to submit to the City for your review and comment our firm’s Phase 2B Proposal for the East WTP Generator Replacement Project. The Scope of Work and GMP proposal for this work was developed in Phase 1 of the progressive design-build contract (prime contract) and subsequent Phase 2A amendment, which consisted of the following: 7.Collaborative project and scope meetings with the City and vendors 8.Design-Build Criteria 9.Site investigations, survey, soil borings, soils analysis, and utilities locate services 10.30%+ design-level drawings 11.Risk assessment and Risk Allocation Register between Design-Builder and the City 12.DRAFT and subsequent revisions of the GMP take off with relevant supporting documents 13.60%, 90%, and Final engineering and permitting of generator improvements and HSP 1 through 4 discharge piping, water main extension, and piping trench support and grating improvements. 14.Surveying and utility locates for proposed 24-inch HSP discharge water main in west driveway area. 15.Demolition of the site and subsequent soil analysis, including temporary stabilization. 16.Removal and disposal of former generator fuel tank and associated canopy and fuel-containment area. 17.Procurement of ductile iron pipe, fittings, valves, 24” flowmeter and accessories necessary to complete the HSP 1 through 4 discharge piping and water main improvements. 18.Crane, miscellaneous equipment rental, off-loading, and onsite placement of manufacturer (TAW) supplied generators and associated equipment. 19.Procurement, installation, programming, and screen workshop for the new PLC (Siemens S7- 1500). 20.Value Engineering and development of GMP for the remaining procurement and construction work in subsequent Phase 2B. 21.Additional scope of work added during Phase 2A: a) Excavation of existing 24-inch main, fittings, and tee in access drive at Seacrest Blvd 478 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 14 of 5 b) Additional soil samples and investigation at former FPL transformer vault location c) Excavation and replacement of PCB contaminated soils with clean fill. d) Structural engineering design services for temporary shoring of deteriorating concrete mezzanine floor in HSP room. e) Installation of temporary shoring in HSP room. Globaltech’s proposal for Phase 2B is as follows: 1.Engineering project management, coordination, inspections, arc flash study, and services during construction through completion of project. 2.Removal of existing and installation of new ductile iron pipe, fittings, valves, 24” flowmeter and accessories for HSP 1-4 discharge piping and water main improvements, including trenching, backfilling, and compaction. 3.Installation of forms, rebar, and pouring of concrete for pads for generators, automatic transfer switch (ATS), paralleling gear, transformer, new service disconnect, and pipe supports. 4.Completion of final concrete/structural repairs to HSP Building mezzanine floor. 5.Installation of concrete for thrust blocks as needed for HSP tie-in and abandonment of existing 24” line. 6.Installation of generator walkway platform, gratings, and canopy. 7.Electrical installation consisting of the following equipment: a. (1) Tier-Two 1250 kW generator, (1) tier-four 1250 kW generator, and conduits, conductors, and terminations as required for installation. b. Paralleling Gear and load bank with enclosure and conduits, conductors, and terminations as required for installation. c. ATS and conduits, conductors, and terminations as required for installation. d. New service disconnect including disconnect, meter can, and conduits, conductors, and terminations as required for installation. e. RIO-10A panel and conduit, conductors, and fiber optic between RIO 10-A and main disconnect, RIO-10A and new ATS, and RIO-10A and new paralleling gear, including fiber optic terminations and testing. f. New step-down transformer and distribution panel-1 and conduits, conductors, and terminations as required for installation. g. Installation of new FPL transformer including new pad, boring, conduit, and conductors installation. h. Installation of a new fiber optic ring for the WTP. i. SCADA improvements, PLC programming, start-up, and commissioning as described in pages five and six of this proposal letter. 479 East Water Treatment Plant Generator Replacement October 13, 2022 City of Boynton Beach Phase2AGMP Proposal Page 15 of 5 8.Restoration of work area to include concrete curbs, asphalt, and patching of wall penetrations. 9.Installation of coatings and labels for HSP 1-4 discharge piping as required to match existing. 10.Submittal of record drawings and closeout documents. Globaltech’s Phase 2B GMP proposal is $7,032,108.00. We appreciate the opportunity to work collaboratively with the City on this important project and look forward to discussing any comments that you may have. Sincerely, PaulGandy,PE President/CEO Globaltech, Inc. 480 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1703-2013 Attachment B – Compensation Page B-1 7/27/20 ATTACHMENT B COMPENSATION SECTION 1 PHASE 1 SERVICES – IN ACCORDANCE WITH ATTACHMENT A SCOPE OF WORK $ 142,051.00 SECTION2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2Services 1.1 The parties may elect to use the Guaranteed Maximum Price (“GMP”) form of compensation for the Phase 2A and 2B Services, or a fixed Contract Price, or cost-reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2A or 2B services. If the parties do not use a GMP, then the compensation to Design-Builder shall be a fixed Contract Price developed in accordance with Section 3.0, or shall be based on those fees and costs identified in Section 4.0.) 2.0 Guaranteed MaximumPrice The total Guaranteed Maximum Price (GMP) for Phase 2A is $1,556,414.00. The total Guaranteed Maximum Price (GMP) for Phase 2B is $7,032,108.00. 2.1 Use of a GMP Agreed upon Execution of this Agreement 2.1.1 Design-Builder agrees that upon Owner’s request it will submit its proposal for the Contract Price on the basis of a Guaranteed Maximum Price for the Phase 2A and Phase 2B Services. Design- Builder does not guarantee any specific line item provided as part of the GMP, but agrees that it will be responsible for payingall costs of completingthe Work which exceed theGMP, as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. (The Documents used as the basis for this agreement is Attachment A/Amendment 001 and Attachment A/Amendment 002). 2.1.2 The GMP will include an allowance within each work package or task order as determined by the Design-Builder and approved by the Owner when a maximum price for the work package or task order has been not been determined at time of GMP. This allowance will be used as the maximum value for the specific line item and all remaining funds within the work package or task order will revert to the Owner after the price is determined through competitive bidding or final pricing by the Design-Builder. If an allowance is not included within the work package or task order line, the agreed upon price is the maximum for that item. Any savings within the fixed price items will be included in the savings sharing formula specified in Section 2.3.1. 2.1.3 If the parties so agree, the Phase 2 Services may be divided into separate work packages or task orders, and Design-Builder shall propose and Owner shall consider for acceptancea separate GMP for each such work package or task order. 481 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1703-2013 Attachment B – Compensation Page B-2 7/27/20 2.2 GMP Established at the Commencement Date of Phase 2 2.2.1 GMP Proposal. If requested by Owner, Design-Builder shall submit to Owner a GMP Proposal for the Contract Price as part of the Phase 1 Services which shall include the following, unless the parties mutually agree otherwise: 1.A proposed GMP, which shall be the sumof: i.Design-Builder’s Fee as defined in Section 2,Phase 2, of Attachment B, Compensation; ii.the estimated Cost of the Work as defined in Section 2,Phase 2 (Phase 2A and Phase 2B), of Attachment B,Compensation, inclusive of any Design- Builder’s allowance as defined in Section 1.1.2 above; and iii.if applicable, any prices established under Section 2,Phase 2, of Attachment B, Compensation. 2.A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; 3.A list of the assumptions, exceptions, and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; 4.The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Paragraph 5.2.1of the Agreement, and a schedule upon which the Scheduled Substantial Completion Date is based; 5.If applicable, a list of allowances and a statement of theirbasis; 6.If applicable, a schedule of alternateprices; 7.If applicable, a schedule of unit prices; 8.If applicable, a statement of Additional Services;and 9.The time limit for acceptance of the GMP Proposal. 10.Schedule of owner-direct purchase equipment for sales taxrelief. 2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design- BuilderandOwnershallmeettodiscussandreviewtheGMPProposal.IfOwnerhasanycomments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design-Builder of such comments orfindings. If appropriate,Design-Builder shall,uponreceiptofOwner’s notice,make appropriateadjustments to the GMP Proposal. 2.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may it be amended by Design-Builder, the GMP and its basis shall be set forth in an amendment to thisAgreement. 2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 482 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1703-2013 Attachment B – Compensation Page B-3 7/27/20 1.Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.2.3 above; 2.Owner may authorize Design-Builder to continue to proceed with the Work on the basis of reimbursementasprovidedin Section2,Phase2, of AttachmentB,Compensation,without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; or 3.Owner may terminate this Agreement for convenience in accordance with GC 9.2 (“Termination for Convenience”). If Owner fails to exercise any of the above options, Design-Builder shall have the right to (i) continue with the Work as if Owner had elected to proceed in accordance with Item .2 above, and be paid by Owner accordingly, unless and until Owner notifies it in writing to stop the Work, or (ii) suspend performance of Work in accordance with GC 9.4 (“Design-Builder’s Right to Stop Work”). 2.2.5 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract Price for the completion of the Phase 2 (2A or 2B) Services. 2.3 Savings 2.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design-Builder’s Fee (and, if applicable, any prices established under Paragraph 6.2 of the Agreement) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference (“Savings”) shall be shared as follows: Forty percent (40%)to Design-Builder and Sixty percent (60%)to Owner. The Design Builder shared savings shall not exceed Thirty Thousand ($30,000.00). 2.3.2 SavingsCalculation. SavingsshallbecalculatedandpaidaspartofFinalPaymentunderSection 7.4 of the Agreement, with the understanding that to the extent Design-Builder incurs costs after FinalCompletionwhichwouldhavebeenpayabletoDesign-Builder asaCostoftheWork,Design- Builder shall be entitled topayment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.4 Basis.Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this Attachment. 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design-Builder shall develop the proposed Contract Price on an “open book” basis and present it to Owner for review and approval. 3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 4.0 Cost Reimbursable plusDesign-Builder’sFee 4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design-Builder’s Fee, then the Design-Builder shall develop an estimated Contract Price on an “open book” basis and present it to Owner for review and approval. 4.2 The cost-reimbursable elements of the Work shall be those set forth in Section 4.4 (“Cost of the Work”). 4.3 Design-Builder’sFee shall be: 483 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1703-2013 Attachment B – Compensation Page B-4 7/27/20 Fifteen percent (15%) of the Cost of the Work, as adjusted in accordance with Section 2.1.2 above. 4.3.1 Design-Builder’s Fee will be adjusted as follows for any changes in the Work - Same as 4.3above. 4.4 Cost of the Work. The term “Cost of the Work” shall mean costs reasonablyincurred by Design-Builder in the proper performance of the Work. The Cost of the Work shall include only thefollowing: 1.Wages of direct employees of Design-Builder performing the Work at the Site or, with Owner’s agreement, at locations off the Site, provided, however, that the costs for those employees of Design-Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. 2.Wages or salaries of Design-Builder’s supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material and equipment necessary for theWork. 3.Wages or salaries of Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices and performing design and Project administration functions. However such costs shall be excluded from fee as listed in Section 4.3 above. 4.Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements,or which are customarily paid by Design-Builder, to the extent such costs are based on wages and salaries paid toemployees of Design-Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 5.The reasonable portion of the cost of travel, accommodations and meals for Design- Builder’s personnel necessarily and directly incurred in connection with the performance of the Work. 6.Payments properly made by Design-Builder to Subcontractors and Design Consultants for performanceof portions ofthe Work, includinganyinsurance andbondpremiums incurred by Subcontractors and Design Consultants. 7.Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconformingWork,provided that such defective, damaged or nonconforming Work was beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those working by or through Design-Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design-Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8.Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 9.Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design- Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 10.Costs of removal of debris and waste from the Site. 484 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1703-2013 Attachment B – Compensation Page B-5 7/27/20 11.The reasonable costs and expenses incurredin establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 12.Rental charges and the costs of transportation, installation,minor repairs andreplacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. 13.Premiums for insurance and bonds required by this Agreement or the performance of the Work, however such costs shall be excluded from fee as listed in Section 4.3above. 14.All fuel and utility costs incurred in the performance of theWork. 15.Sales, use or similar taxes, tariffs or duties incurred in the performance of theWork. 16.Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder’s performance of the Work,provided such costs do not arise from disputes between Owner and Design-Builder. 17.Costs for permits, royalties,licenses, tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. 18.The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design-Builder resulting from such suits or claims, and paying settlements made with Owner’s consent. 19.Deposits which are lost, except to the extent caused by Design-Builder’snegligence. 20.Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 21.Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.5 Non-ReimbursableCosts The following shall be excluded from the Cost of the Work: 1.Compensation for Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices, except as provided for in Paragraphs 4.4.1, 4.4.2 and 4.4.3, hereof. 2.Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which may be recoverable for changes to the Work. 3.The cost of Design-Builder’s capital used in the performance of the Work. 4.6 Contract Price The Contract Price shall be the sum of the Design-Builder’s Fee under Section 4.3 plus the amount agreed between Owner and Design-Builder for the Cost of the Work under Section 4.4. When agreed, the Contract Price is stated to be: Dollars ($). 4.7 Establishment of Guaranteed Maximum Price see Attachment G - Special Conditions17. 485 PROGRESSIVEDESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENTC WDBCDocument No.W-1704-2013 Attachment C – Schedule Page C-1 7/27/20 SCHEDULE SECTION1 PHASE 1 1.0 Thefollowing Phase1 Schedule will beadheredto followingNoticetoProceed: 1.1 Deliveryof60% Preliminary DesignDocuments:60 days 1.2 Deliveryof90% Preliminary DesignDocumentsanddraft GMP:90days 1.3 DeliveryofFinalPreliminary DesignDocuments:120days . SECTION1 PHASE 2 1.0 Phase 2 Schedule will be included with the GMP deliverable package. 486 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-1 7/27/20 ATTACHMENT D GENERALCONDITIONS GC 1.0 General 1.1 Mutual Obligations 1.1.1 Owner and Design-Builder agree to cooperatefully with each other at all time, to permit each party to realize the benefits afforded under the Contract Documents. 1.1.2 These General Conditions("GC") may be supplemented, varied, or revisedthrough Supplementary Conditions ("SC"), as attached. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design-Builder with respect to the Project 1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement. 1.2.3 Change in Law has the meaning given in GC 8.1.2. 1.2.4 Changed Condition has the meaning given in GC8.1. 1.2.5 Change Order has the meaning given in GC7.1. 1.2.6 Construction Warranty has the meaning given in GC2.9. 1.2.7 Construction Warranty Period is that period specified in GC2.10.1. 1.2.8 Contract Documents has the meaning given in Section 2.1 of theAgreement. 1.2.9 Contract Price has the meaning given in Section 6.2 of the Agreement and Section 2, Phase 2, of Attachment B, Compensation. 1.2.10 Contract Time(s) shall mean the times for performance of the Work by Design-Builder and the deliveryof itemsand approvalsbyOwner set forthin Article 5("ContractTime") of the Agreement and Attachment C, Schedule. 1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.12 Design Build Fee shall mean the percentage as set forth in Attachment B 4.3 of thiscontract. 1.2.13 Design Consultant, if any, is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder or Subcontractor, to furnish design services required under the Contract Documents. 487 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-2 7/27/20 1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope, quality, and function of the proposed facility, and which may be expanded to outline Owner's project cost limitations and schedule requirements. 1.2.15 Differing Site Conditions has the meaning given in GC4.2.1. 1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of theAgreement. 1.2.17 Electronic Data has the meaning given in GC11.1.1. 1.2.18 Extended Performance Warranty is Design-Builder's warranty under GC 2.11.2 that the completed Facility shall be capable of meeting the Performance Standards in Attachment F throughout the Performance Warranty Period. 1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope and contract documents. 1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as described in Attachment H Phase 1 Design Development. 1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to GC 5.8. 1.2.22 General Conditions refer to this Attachment D,GeneralConditions. 1.2.23 Hazardous Conditions are any materials, wastes, substances and chemicals deemed hazardous under applicable Legal Requirements, or which handling, storage, remediation, or disposal applicable Legal Requirements regulate. 1.2.24 Hazardous Materials has the meaning given in Section 2.3 of Attachment A, Scope ofWork. 1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the Agreement. 1.2.26 LegalRequirements areallfederal,stateandlocallaws,codes,ordinances,rules,regulations,orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work which are applicable as of the date of Design-Builder's proposal to Owner, and, subject to the Change in Law provisions of GC8 1.2, which become applicable during the Contract Time. 1.2.27 Liquidated Damages means such damages as maybeassessed under Section5.4 ofthe Agreement. 1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of theAgreement. 1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance Manual and such other manuals as the parties may agree to be provided. 1.2.30 Open Book Pricing-The methodin whichthe design-buildfirm providesthe Owner,at the Owner's request, all books, records, documents, contracts, subcontracts, purchase orders, and other data in its possession pertaining to the bidding, pricing, or performance of a contract for design-build services awarded to the design-build firm with the exception of proprietaryinformation. 488 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-3 7/27/20 1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project, including Owner's Project Criteria, all materials, equipment and other items to be provided by Owner, and all items to be provided by third parties. 1.2.32 Owner’sProjectCriteria are developedbyorfor OwnertodescribeOwner's Programrequirements andobjectivesforthe Project,includinguse,space, price,time,siteandexpandabilityrequirements, as well as submittal requirements and other requirements governing Design-Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, DesignCriteria, Facility Performance Criteria, performance test, wage rate requirements, MBE/WBE requirements, and other Project-specific technical materials and requirements. 1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon Owner's behalf with respect to Design-Builder and the performance of this Agreement, in accordance with GC 3.4, and identified by Owner in writing within ten (10) days of execution of this Agreement. 1.2.34 Performance Warranty has the meaninggiven in GC2.11. 1.2.35 Project is the design and construction of the Owner's Facility, including start-up, testing and the provision of manuals, warranties, as-built drawings and specifications, spare parts, and all other items required to be provided under this Agreement. 1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract Time(s) set forth in Attachment C, Schedule, as revised from time to time. 1.2.37 Site is the land or premises on which the Project is located, including any separate laydown or storage areas. 1.2.38 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.39 Sub-Subcontractor is any person or entityretained bya Subcontractor as an independentcontractor to perform any portion of a Subcontractor's Work and shall include materialmen andsuppliers. 1.2.40 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design-Builder pursuant to GC 5.7.1. 1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances beyond the control of Design-Builder and due to no fault of its own or those for whom Design- Builder is responsible. By way of example (and not limitation), Uncontrollable Circumstances include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delayin transportation, epidemics, earthquakes,adverse weather conditions not reasonably anticipated, and other circumstances beyond the reasonable control of the party affected. 489 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-4 7/27/20 1.2.43 Work is comprised of all Design-Builder's design, construction, start-up, testing, warranty, and other services required to by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents, plus manuals and documentation required by the Contract Documents. GC 2.0 Design-Builder's Services and Responsibilities 2.1 General Services 2.1.1 Design-Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder's Representative may be replaced only with the mutual agreement of Owner and Design-Builder. 2.1.2 Design-Builder shall provide Owner on a monthly basis a status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, (iv) other items require resolution so as not to jeopardize Design-Builder's ability to complete the Work for the Contract Price and within the Contract Time(s), and (v) such other items as Owner may reasonablyrequire. 2.1.3 Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated byGC2.1.4,a preliminaryschedulefortheexecutionoftheWorkforOwner'sreviewandresponse. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s). When agreed between the parties, such schedule shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such, dates may be adjusted in accordance with the Contract Documents. Owner's review of and response to the Schedule shall not be construed as relieving Design-Builder ofits complete and exclusivecontrol over the means,methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet, within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals, review and approval tum-around times contained in the Schedule,and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.1.5 At the completion of Phase1 Services, the parties may agree upon a revised Schedule to reflect the intendedscope of Phase 2 Servicesandasthe basisfor the Contract Priceto be agreed for the Phase 2 services. 2.2 Design Professional Services 2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from a qualified, independent licensed Design Consultant, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, 490 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-5 7/27/20 specifications and other design submittals to permit Design-Builder to complete the Work consistent withthe ContractDocuments.Nothinginthe Contract Documentsis intendedor deemed to create any legal or contractual relationship between Owner and any independent Design Consultant.Designandpermitted plansfor the EastWaterTreatmentPlantGeneratorReplacement Project shall be provided and utilized along with the project performance criteria, for development of a GMP. Construction engineering and inspection associated withthe construction of this portion on the projects will be required. 2.3 Standard of Care for DesignProfessional Services The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. Design-Builder, its Design Consultants, and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project Criteria. 2.4 Owner Direct Purchase (ODP) The Owner may elect to purchase equipment and material and deliver them to the Design Builder at the work site or other agreed upon locations for tax saving purposes only. The Design-Builder firm must take responsibility for the equipment and material until final acceptance by the City, ensure that they meet all safety requirement, codes, and systems reliability, question any system that does not meet engineering technical specifications and project standards, and review and respond to all manufacturer submittals and shop drawings. The Design-Builder may charge and include in the contract a negotiated fee based upon the cost of the items procured under the ODP clause for its services and obligations with respect to its performance under this section. 2.5 Design Development Services 2.5.1 Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Such agreement may specify the percentage completion of the design documents to be submitted for such review and comment. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design- Builder and providedto allattendees for review. Followingthe designreviewmeeting, Owner shall review and comment on the interim design submissions in a time frame that is consistent with the turnaround times set forth in the Schedule. 2.5.2 Design-Builder shall submit to Owner Construction Documents setting forthin detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions; as such, submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and may comment on the Construction Documents in accordance with the procedures set forth GC 2.4.1. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 491 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-6 7/27/20 2.5.3 Owner's review and approval of interim designsubmissions andthe ConstructionDocuments is for mutually establishinga conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. 2.5.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design-Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 492 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-7 7/27/20 2.6 Legal Requirements 2.6.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.6.2 The Contract Price and/or Contract Time(s) shall be adjustedto compensate Design-Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design- Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.7 Government Approvals and Permits 2.7.1 Except asidentified in Attachment F, Owner's Permit List, Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. 2.7.2 Design-Builder shall provide reasonable assistanceto Owner in obtainingthose permits, approvals and licenses that are Owner's responsibility. 2.8 Design-Builder'sPhase 2 (2A and 2B) ConstructionServices 2.8.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents. 2.9 Design-Builder shall perform all construction activities efficiently and with the requisite skill and exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.9.1 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design- Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design-Builder's cost and/or time of performance. 2.9.2 Design-Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts, errors or omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship betweenOwnerandanySubcontractororSub-Subcontractor,includingbutnotlimitedtoanythird- party beneficiary rights. 2.9.3 Design-Builder shall coordinate the activities of all Subcontractors. 2.9.4 If Owner performs other work on the Project or at theSite with separate contractors under Owner's control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of 493 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-8 7/27/20 suchseparatecontractorssothat the Project canbecompletedinanorderlyandcoordinatedmanner without unreasonable disruption. Unreasonable disruption or interference by Owner's separate contractors may result in a request for a Contract Adjustment under GC8.1.3. 2.9.5 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. 2.9.6 Upon Substantial Completion of the Work, or a portion of the Work, Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerningthe period for correction of the Work and commencement of warranties requiredby the Contract Documents. 2.10 Design-Builder's Responsibility for Project Safety 2.10.1 Design-Builder recognizestheimportanceofperformingthe Workinasafemannersoastoprevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoringall safety precautionsand programs related to the performance of the Work. Design-Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work, and shall develop a Project Safety Program, which shall be implemented at the Project Site during the performance of the Work. Unless otherwise required by the Contract Documents, Design-Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project other than safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder's personnel, Subcontractors and others as applicable. 2.10.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner-specific safety requirements set forth in the Contract Documents and incorporated into the Project Safety Program, provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing anysafety-relatedinjury,loss,damageoraccidentarisingfromthe WorktoOwner'sRepresentative and, to the extent mandated by Legal Requirements, to all government or quasigovernment authorities having jurisdiction over safety-related matters involving the Project or theWork. 2.10.3 Design-Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages or accidents resulting from their performance of the Work. 2.10.4 Owner shall require that its officers, employees, guests, visitors, and other contractors entering the Project Site comply with the Project Safety Program then in effect. 494 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-9 7/27/20 2.11 ConstructionWarranty 2.11.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than Design-Builder or anyone for whose acts Design-Builder may be liable. 2.11.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design- Builder will provide Owner with all manufacturers' warranties upon SubstantialCompletion. 2.12 Correction of DefectiveWork 2.12.1 Construction Warranty Period. Design-Builder agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to GC2.9, within a period of one (1) year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by the ContractDocuments. 2.12.2 Correction of Non-Conforming Work. Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Owner may, in addition to any other remedies provided under the Contract Documents provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. 2.12.3 The one (1) year period referenced in GC 2.1 0.1 applies only to Design-Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder's other obligations under the Contract Documents. GC 3.0 Owner's Services and Responsibilities 3.1 Duty to Cooperate 3.1.1 Owner shall, throughout the performance of the Work,cooperate with Design-Builder and perform its responsibilities, obligations and services in a timelymanner tofacilitate Design-Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design-Builder's performance of its obligations under the Contract Documents. 3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction Documents consistent with the tum-around times set forth in the Schedule. Owner's review does 495 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-10 7/27/20 not constitute acceptance of design errors or omissions, nor transfer design liability to Owner for the same. 3.2 Furnishing of Services and Information 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design-Builder's information and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 1.Surveys describing the property boundaries, topography and reference points for use during construction, including existing service and utility lines. 2.Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. 3.Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project, access to the Site and any off-site storage or lay-down areas, and to enable Design-Builder to perform the Work. 4.A legal description of the Site. 5.To the extent available, as-built and record drawings of any existing structures and utilities at the Site; and 6.To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreement with adjacent land or propertyowners that are necessaryto enable Design-Builder to perform the Work.Owner is further responsiblefor all costs,includingattorneys'fees, incurredinsecuringthese necessaryagreements. 3.3 Financial Information 3.3.1 Design-Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. 3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents. 3.3.3 Design-Builder shall not be required as a condition of award or contract to waive or subordinate its mechanic's lien rights, if any, to Owner's construction lender(s). 3.4 Owner's Representative 3.4.1 Owner's Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. 496 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-11 7/27/20 3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager, separately from Owner's Representative, then Owner shall designate such third party in writing to Design-Builder, together with a statement of the respective roles, responsibility, and authority of each such party with respect to the administration of the contract, the approval of drawings and specifications, the issuance of instructions and change orders, the resolution of disputes, and the relative priority of the authority of such parties. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Owner's Permit List attached as part of Attachment F, 3.5.2 Owner shall provide reasonable assistanceto Design-Builder in obtainingthose permits, approvals and licenses that are Design-Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under separate agreements with Owner. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so asnot tointerfere with, Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the ContractDocuments. 3.6.2 Owner recognizes the importance that all work performed on the Project or at the Site by separate contractors under separate agreements with Owner is performed in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii) all other property at the Site or adjacent thereto. Owner shall require such separate contractors to assume responsibility for implementing and monitoring all safety precautions and programs related to the performance of their work. GC 4.0 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design- Builder is not responsible for any Hazardous Conditionsencountered at the Site. Upon encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi-government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been 497 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-12 7/27/20 removed or rendered harmless and (ii) all necessary approvals have been obtainedfrom all government and quasi-government entities having jurisdiction over the Project or Site. 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions, to an equitable adjustment in its Contract Price and/or Contract Time(s) to the extent Design-Builder's cost and/or time of performance have been adversely impacted by the presence of HazardousConditions. 4.1.5 To the fullest extent permitted by law, Owner shall defend, indemnity and hold harmless Design Builder, Design Consultants, Subcontractors and Subcontractors, and the agents, officers, directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurredin connection with litigation or arbitration, arising out of or relating to the performance of the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of the indemnitee. 4.1.6 Notwithstanding the preceding provisions of this GC 4.1, Owner is not responsible for Hazardous Conditionsintroducedtothe SitebyDesign-Builder,DesignConsultants, Subcontractorsoranyone for whose acts they may be liable. Design-Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, includingattorneys'fees and expenses,arising out of or resulting fromthose HazardousConditionsintroducedtotheSitebythe partiesidentifiedinthefirst sentence of this GC 4.1.6. 4.1.7 The terms of this GC 4.1 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 4.2 Differing Site Conditions 4.2.1 Concealed orlatent physical conditions or subsurface conditions at the Site that (i) materiallydiffer from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, or (iii) differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as "Differing Site Conditions.'' If Design- Builder encounters a Differing Site Condition, Design-Builder will be entitled to an equitable adjustment in the ContractPrice and/or Contract Time(s) to the extent Design-Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site condition, Design-Builder shall provide prompt written notice to Owner of such condition,which notice shall not be later than seven (7) days after such condition has been encountered. Design-Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. 5.0 Payment 5.1 Payment for Phase 1 Services 5.1.1 Design-Builder will submit an Application for Payment to Owner each month covering Phase 1 services performed to date. Each Application for Payment will be prepared in the standard form agreed to by the parties and supported by required documentation. 498 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-13 7/27/20 5.2 Schedule of Values for Phase 2 (2A and 2B)Services 5.2.1 Within ten (10) days of the Commencement Date, Design-Builder shall submit for Owner's review and approval a schedule of values for Phase 2 of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design-Builder throughout the Work. 5.3 Monthly Progress Payments 5.3.1 OnorbeforethedateestablishedintheAgreement, Design-Buildershallsubmit forOwner'sreview and approvalits Application for Payment requesting payment for all Workperformed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by GC 2.1.4. 5.3.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 5.3.3 The Application for Payment shall constitute Design-Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder's receipt of payment, whichever occurs earlier. 5.4 Withholding of Payments; Payment of UndisputedAmounts 5.4.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts properly due, including the release of retention under Section 7.3.1 of the Agreement. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicatethe specific amounts Owner intendsto withhold,the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Owner's concerns. Design-Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under GC 8.0. 5.4.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design- Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 5.5 Right to Stop Work and Interest 5.5.1 If Owner fails to pay Design-Builder any amount that becomes due, Design-Builder, in additionto all other remedies provided in the Contract Documents, may stop Work pursuant to GC 9.4. All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of theAgreement. 499 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-14 7/27/20 5.6 Design-Builder'sPaymentObligations 5.6.1 Design-Builder will payanySubcontractorsand DesignConsultants,in accordance withapplicable law and its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they havecontracted. 5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design- Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work.Within ten (10) daysof receiving written noticefrom Owner that such a claim or mechanic's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and charge Design-Builder with any costs and expenses incurred, including attorneys' fees. 5.7 Substantial Completion 5.7.1 Design-Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner's receipt of Design-Builder's notice, Owner and Design-Builder will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If such Work is substantially complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions(to the extentnot alreadyprovidedin theContract Documents) establishingOwner's and Design-Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 5.7.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 5.7.3 Owner, at its option, may use a portion to the Work which has been determined to be substantially complete, provided that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in GC 5.7.1, (ii) Design-Builder and Owner have obtained the consent of their sureties and insurers, and (iii) Owner and Design-Builder, agree that Owner's use or occupancy will not interfere with Design-Builder's completion of the remainingWork. 5.7.4 Upon Substantial Completion, Design-Builder shall conduct performance testing of the Facility using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set forth in Attachment H, Phase 1 Design Development, have been satisfied and that the Performance Guarantees have been met. 500 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-15 7/27/20 5.8 Final Payment 5.8.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement,provided that Design-Builder has completed all of the Work in conformance with the Contract Documents. 5.8.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide the following information: 1.An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 2.A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; 3.Consent of Design-Builder's surety, if any, to finalpayment; 4.A certificate demonstrating that performance testing is complete and that thePerformance Guarantees set forth in Attachment F, Owner’s Project Criteria, have been met; 5.All operating manuals, warranties and other deliverables required by the Contract Documents; and 6.Certificatesofinsuranceconfirmingthatrequiredcoverageswillremainineffectconsistent with the requirements of the Contract Documents. 5.8.3 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design-Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion, (iii) the terms of any special warranties required by the Contract Documents, and (iv) claims which are identified as unsettled at the time of making final payment. 5.8.4 Finalpayment byOwner shallconstituteFinalAcceptanceofthe Projectforallpurposeshereunder, subject to Design-Builder's remaining warranty obligations and any remaining indemnity obligations hereunder. 5.8.5 Acceptance of final payment by the Design-Builder, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. GC 6.0 Time 6.1 Obligation to Achieve the Contract Times 6.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5.0 of the Agreement. 6.2 Delays to the Work 6.2.1 If Design-Builder is delayed in the performance of the Work due to Uncontrollable Circumstances, the Contract Time(s) for performance shall be reasonably extended by Change Order, and the Schedule adjusted accordingly. 501 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-16 7/27/20 6.2.2 In addition to Design-Builder's right to a time extension for delays in the Work under GC 6.2.1, Design-Builder shall also be entitled to an equitable adjustment of the Contract Price and equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement. 6.3 Work Hours 6.3.1 Workshall be conducted duringnormalworkinghours (7:00 AMto 5:00PM)on weekdays. Unless otherwise authorized in writing by the Project Manager, no work shall be performed on weekends, on City observed holidays or between 5:00 PM and 7:00 AM on weekdays. 6.3.2 Construction Observation and/or inspection services needed beyond normal working hours as defined above, shall be paid for by the Design-Builder at an hourly rate of $100.00 for each inspector providing such service. 7.0 Changes to the ContractPrice and Time 7.1 Change Orders 7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design-Builder, stating their agreement upon all of the following: 1. The scope of the change in the Work; 2. The amount of the adjustment to the Contract Price; and 3. The extent of the adjustment to the Contract Time(s) and Schedule. 7.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for suchchanges. 7.1.3 If Owner requests a proposal for a change in the Work from Design-Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design-Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 7.2 Work Change Directives 7.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the ContractTime(s). 7.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of theagreement. 7.2.3 If Owner has requested a proposal for a change in the Work from Design-Builder, Owner shall notify Design-Builder as expeditiously as possible whether such proposal is accepted. Design- Builder shall not commencechanged work until a writtenWork Change Directive or Change Order has been delivered by Owner. The parties recognize that delay in response to such proposals may increase the impact or cost of the Change. 502 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-17 7/27/20 7.3 Minor Changes in the Work 7.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design-Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 7.4 Contract Price Adjustments 7.4.1 The increaseor decreaseinContract Priceresultingfrom a changein theWork shall be determined by one or more of the following methods: 1.Unitpricessetforthinthe Agreementor assubsequentlyagreedbetweenthe parties(which may include daily or monthly overhead rates for the extension of services); 2.A mutually accepted lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 3.Costs, fees and any other markups set forth in the Agreement; and 4.If an increase or decrease cannot be agreed to as set forth in items 1 through 3 aboveand 7.4.2 Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result of both additions and deletions to the Work is an increase or a decrease in the Contract Price, overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract Price. Design-Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 7.4.4 If Owner and Design Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant to GC 8.0. As part of the negotiation process, Design-Builder shallfurnish Ownerwith a goodfaith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner's interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design-Builder (i) directing Design- Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right toargue that it has no responsibilityto pay for such services and (ii) receipt of such payment by Design-Builder does not prejudice Design- 503 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-18 7/27/20 Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 7.5 Emergencies 7.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this GC7.0. GC 8.0 Contract Adjustments and Disputes 8.1 Requestsfor Contract Adjustments andRelief 8.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any Changed Condition arisingout of or relatedto the Work or Project, suchpartyshall provide written notice to the other party of the basis for its claim for relief. 8.1.2 A Changed Condition may include a Change in Law following the date of Design-Builder's proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design-Builder's performance hereunder. 8.1.3 Changed Conditions may include Uncontrollable Circumstances having an impact on Design- Builder's cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design- Builder's performance hereunder. 8.1.4 Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific noticerequirements containedin applicablesections of these General Conditions. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence-giving rise to the claim for relief or after the claimingparty reasonablyshould have recognizedthe event or condition-giving rise to the request, whichever is later. 8.1.5 Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief and, if then available,the specific contractual adjustment or relief requested and the basis of such request. 8.2 Dispute Avoidance and Resolution 8.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design-Builder and Owner each agree to resolve such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 8.2.2 Design-Builder and Owner will first attempt to resolve disputes or disagreements at the Project level through discussions between Design-Builder's Representative and Owner’sRepresentative. 8.2.3 If a dispute or disagreement cannot be resolved through Design-Builder's Representative and Owner's Representative, upon the request of either party, then the matter shall be referred to the Senior Representatives of each party for resolution. Design-Builder's Senior Representative and 504 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-19 7/27/20 Owner'sSenior Representativeshall meetas soonasconvenientlypossible, butin nocase laterthan thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.2.4 If, after meeting, the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, then the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in GC 8.2, shall be decided by court of competent jurisdiction. 8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be responsible for its own legal costs, including attorneys' fees. 8.2 Duty to Continue Performance 8.3.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design-Builder, pending the final resolution of any dispute or disagreement between Design-Builder and Owner GC 9.0 Suspension and Termination 9.1 Owner's Right to Stop Work 9.1.1 Owner may, without cause and for its convenience, order Design-Builder in writing to stop and suspend the Work. Suchsuspension shall not exceed sixty (60) consecutive days oraggregate more than ninety (90) days during the duration of the Project. 9.1.2 Design-Builder is entitled to an equitable adjustment of the Contract Price and/orContract Time(s) if its cost or time to perform the Work has been adverselyimpacted by any suspension of stoppage of work by Owner. 9.2 Terminationfor Convenience 9.2.1 Upon ten (10) days' written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: 1.All Work executed and for proven loss, cost or expense in connection with suchWork; 2.The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 3.The fair and reasonable sums for overhead and profit on the sum of items 1 and 2above. 505 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-20 7/27/20 9.2.2 If Owner terminates this Agreement pursuant to GC9.2.1 and proceedsto designand construct the Project through its employees, agents or third parties, Owner's rights to use the Work product shall be as set forth in Section 4.3 (''Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's Election to Terminate"). 9.3 Owner's Right to Perform and Terminate for Cause 9.3.1 If Design-Builder persistently falls to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, inadditiontoanyotherrightsandremediesprovidedinthe Contract Documents or byLaw, shall have the rights set forth in GC 9.3.2, 9.3.3, and 9.3.4. 9.3.2 Uponthe occurrenceofaneventsetforthinGC9.3 1,Ownermayprovide writtennoticetoDesign- Builder that it intends to terminate the Agreement unless the problemcited is cured, or commenced to becured, withinseven (7)daysof Design-Builder'sreceipt ofsuchnotice. IfDesign-Builderfails tocure,orreasonablycommencetocure,suchproblem,thenOwnermaygiveasecondwrittennotice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design- Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration. 9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliancesand other items thereon, which have been purchased orprovided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. 9.3.4 In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance withthe Contract Documents. At such time,if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design-Builder will only be entitled to be paid for Work performed prior toits default. If Owner's cost and expense of completingthe Workexceeds theunpaid balance of the Contract Price, then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but alsolosses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the re-procurement and defense of claims arising from Design-Builder's default, subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement. 9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of GC9.2. 506 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-21 7/27/20 9.4 Design-Builder's Right to Stop Work 9.4.1 Design-Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop work for the following reason: Owner'sfailure to pay amounts properly due under Design-Builder's Application for Payment. 9.4.2 Should an event set forth in GC 9.4.1 occur, Design-Builder may provide Owner with written notice that Design-Builder will stop work unless such event is cured within seven (7) days from Owner's receipt of Design-Builder's notice. If Owner does not cure the problem within suchseven (7) day period, Design-Builder may stop work. In such case, Design-Builder may make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 9.5 Design-Builder's Right toTerminate for Cause 9.5.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the followingreasons: 1.The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of a court order, any government authority having jurisdiction over the Work, or orders by Owner under GC 9.1.1, provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible; or 2.Owner's failure to provide Design-Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to GC 9.1.1; or 3.Owner'sfailure to cure the problemsset forth in GC 9.4.1 after Design-Builder has stopped the Work. 9.5.2 Upon the occurrence of an event set forth in GC 9.5.1, Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem. Then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design-Builder maydeclare the Agreement terminatedfor default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under GC 9.2. 9.6 Bankruptcy of Owner orDesign-Builder 9.6.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: 507 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-22 7/27/20 1.The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non- Bankrupt Party,adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and 2.The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. Ifthe Bankrupt Party failstocomplywith its foregoingobligations,the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this GC 9.0. 9.6.2 Therightsandremedies under GC9.6.1 shallnot bedeemedto limittheabilityof the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions. GC 10.0 Miscellaneous 10.1 Assignment 10.1.1 Neither Design-Builder nor Owner shall without the written consent of the other, assign, and transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 10.2 Successorship 10.2.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 10.3 Governing Law 10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 10.4 Severability 10.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part weredeleted. 10.5 No Waiver 10.5.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall 508 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-23 7/27/20 not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 10.6 Headings 10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of reference onlyand shall notin any way be construedtolimit or alter the meaning ofany provision. 10.7 Notice 10.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the addressindicatedinthe Agreement, (iii)iftransmittedbyfacsimile, bythe timestated ina machine- generated confirmation that notice was received at the number of the intended recipient, or (iv) if transmitted by e-mail to the individual to whom such notice is required to be given, by the time stated in a machine-generated confirmation that notice was received at the e-mail address of the intended recipient. 10.8 Amendments 10.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 10.9 Third Parties 10.9.1 The services to be performed by Design-Builder are intended solely for the benefit of the Owner. No person or entity not a signatory to this Agreement shall be entitled to rely on the Design- Builder’s performance of its services hereunder, and no right to assert a claim against the Design- Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Design-Builder's services hereunder. GC 11.0 Electronic Data 11.1 Electronic Data 11.1.1 The parties recognize that Contract Documents, including drawings, specifications and three- dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design-Builder and others in electronicmedia as an alternative to paper hard copies (collectively "Electronic Data"). 11.2 Transmission of Electronic Data 11.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the ElectronicData. 11.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission ofWork Product. 509 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1705-2013 Attachment D – General Conditions Page D-24 7/27/20 Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 11.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4.0 of the Agreement ("Ownership of Work Product"). Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangiblegoods. 11.3 Electronic Data Protocol 11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of ElectronicDataforthecommunication ofdesignandconstructioninformationand,inconsideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this GC11.3. 11.3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file conventions and document properties, unless prior arrangements are made in advance inwriting. 11.3.3 The ElectronicData representstheinformationat a particular pointintimeandis subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of anychangeswhichmaythereafter bemadetothe ElectronicData,whichprotocol shall alsoaddress the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 11.3.4 The transmitting party specifically disclaims all warranties, expressed or impliedincluding, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data by electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. 510 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBC Document No. W-1706-2013 AttachmentE – Indemnity, Insurance &Bonding Page E-1 7/27/20 ATTACHMENT E INDEMNITY,INSURANCE&BONDING 1.0 Indemnity 1.1 To the fullest extent permitted by law, Design-Builder shall defend, indemnify and hold Owner, its officers and employees from liability, damages, losses and costs including but not limited to reasonable attorney’s fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of Design-Builder or persons employed or utilized by Design-Builder in the performance of the Work. Design-Builder shall not be required to defend, indemnify or hold harmless Owner for any acts, omissions or negligence of Owner, Owner’s employees, agents or separate contractors. 1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in the areas where Work will be performed under this Agreement, to agree to indemnify and defend Design-Builder, Subcontractorsoranyoneemployeddirectlyorindirectlybyanyofthemoranyone for whose acts any of them may be liable and hold them harmless from all claims for bodily injury and property damage, other than property insured under Section 5.0, that may arise from that contractor’s operations. Such provisions shall be in a form satisfactory to Design-Builder. 1.3 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed directly orindirectlybyany of them,or anyonefor whoseacts anyof themmaybeliable hasa claimagainst Owner, its officers, directors, employees, or agents, then Design-Builder’s indemnity obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of damages, compensation, or benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or otherentityunder anyemployeebenefit acts,includingworkers’compensationordisabilityacts. 2.0 Design-Builder’sInsurance See Attachment G – Special Conditions 18 2.1 Excess Liability Insurance above the required Commercial General, Commercial Automobile, and Employer’s Liability insurance to result in overall liability coverage in the amount of $4,000,000 annual aggregate limit. 2.2 For Contractor’s Pollution Liability Errors and Omissions Insurance see Attachment G – Special Conditions 18 2.3 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work. 2.4 Products and Completed Operationsinsuranceshall bemaintainedfor a minimum period of at least two year(s) after either ninety (90) days following the date of Substantial Completion or final payment, whichever is earlier. 2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of underlying and excess or umbrella coverage. 2.6 Subcontractors.Design-Builder shallrequirethatallSubcontractorsworkingontheProjectsecure and maintainthe same insurancecoveragesrequiredfor Design-Builder for workers’ compensation insurance, employer’s liability insurance, commercial automotive liability insurance and commercial general liability insurance and other financial sureties required by applicable law 511 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBC Document No. W-1706-2013 AttachmentE – Indemnity, Insurance &Bonding Page E-2 7/27/20 in connection with their presence and the performance of their duties pursuant to this Agreement; provided that Owner may approve lower limits for specific subcontractors pursuant to a request submitted by Design-Builder to Owner prior to any work being performed by the subcontractor. Design-Builder shall require that all subcontractors performing engineering services and all subcontractors performing work with potential pollution liability risk secure and maintain Professional Liability or Pollution Liability insurance coverage, respectively, with such coverage limits commensurate with the scope of the subcontract work performed. Owner, Design-Builder and all other parties required of Design-Builder shall be named as additional insured on subcontractor’s required commercial general liability insurance policy. Alternatively, Design- Builder may obtain and maintain said policies and sureties on the subcontractor’s behalf. 3.0 Professional Liability Insurance- See Attachment G - Special Conditions 19 4.0 Owner’s Liability Insurance 4.1 Owner shall be responsiblefor obtainingand maintainingits own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner’s discretion. 4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work, then Owner shall require that such separate contractors waive any insurers’ rights of subrogation againstthe Design-Builderand its Subcontractors, Design Consultants, andtheir officers, directors, and employees. 5.0 Insurance to Protect Project - See Attachment G- Special Conditions20 5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design- Builder and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of Design-Builder to such early occupancy or use shall not be unreasonably withheld. 5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of Owner, Design-Builder, Subcontractors and Sub-subcontractors shall be protected under this coverage. 5.3 Upon Substantial Completion and during any period of startup, testing, commissioning, or initial operation of the Project, Owner shall obtain and maintain insurance withrespect thereto consistent with that insurance which Owner obtains and maintains with respect to any damage or loss to its permanent plant during commercial operation. Design-Builder, Subcontractors and Sub- subcontractors shall be named as additional insured on such insurance, and Owner hereby waives any rights of subrogation with respect thereto. 6.0 Property Insurance LossAdjustment 6.1 Any insured loss shall be adjusted with Owner and Design-Builder and made payable to Owner and Design-Builder as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with a mediation agreement, or, if not resolved through mediation, then by an arbitration award pursuant to arbitration. If the trustees are unable 512 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBC Document No. W-1706-2013 AttachmentE – Indemnity, Insurance &Bonding Page E-3 7/27/20 to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution by mediation or arbitration. 7.0 Waiver of Subrogation 7.1 Owner and Design-Builder waive all rights against each other, and any of their respective employees, agents, consultants,subcontractors and sub-subcontractorsfor damages caused by risks covered by insurance provided in Section 5.0 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Design- Builder as trustees. Design-Builder shall require similar waivers from all Subcontractors, and shall require eachofthemtoincludesimilarwaiversintheirsub-subcontractsandconsultingagreements. 7.2 Owner waives subrogation against Design-Builder, Subcontractors and Sub-subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the Project after itscompletion. 7.3 If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 8.0 Bonding - See Attachment G - Special Conditions 21 513 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR WDBCDocument No.W-1708-2013 Attachment F – Owner’s Permit List Page F-1 7/27/20 SECTION 1 1.0 Owners Design-BuildCriteria ATTACHMENTF Scope of Work 1.1 The Owner’s Design-Build Criteria entitled; Generator Replacement at the East Water Treatment Plant (Task Order No. UT-2A-02), Design Criteria Package, Final Version, as prepared by JACOBS, October 2019, is hereby incorporated by reference for purposes of establishing minimum project scope and minimum prescriptive and performance requirements contained therein. 1.2 Phase 2 2.0 Scope of Work 2.1 Phase 1 – Scope of work shall be, as a minimum, deliverables enumerated in para.5(b)(i), Design Phase and includes associated project planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria 2.2 Phase 2 Scope of work shall be, as a minimum, deliverables enumerated in para. 5(b)(ii), Design Phase and includes associated project planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria 514 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 1 WDBC Document No. W-1708- 2013 Page G-1 7/27/20 ATTACHMENT G SPECIALCONDITIONS 1.The DESIGN/BUILD FIRM shall follow the City procurement policies for all large items in excess of $100,000. 2.The DESIGN/BUILD FIRM may elect to use its own forces for portions of the Work to be performed. However, DESIGN/BUILD FIRM will be limited to 50% of the on-site construction Work if such the decision to self-perform is made. 3.The CITY encourages the utilization of local businesses within the CITY of Boynton Beach city limits therefore DESIGN/BUILD FIRM shall make every effort to engage local contractors to enhance the local economy. 4.As part of such preparation, the DESIGN/BUILD FIRM shall review the specifications and drawings. Ambiguities, conflicts or lack of clarity in language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the DESIGN/BUILD FIRM shall be brought to the attention of the Project Manager and Permitting agency(ies) in written form and simultaneously corrected. 5.Quality Control: The DESIGN/BUILD FIRM shall develop and maintain a program acceptable to the CITY, to assure quality control of the construction.The DESIGN/BUILD FIRM shall supervise the work of all subcontractors providing insurance to each when their work does not conform to the requirements of the plans and specifications and it shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the DESIGN/BUILD FIRM over acceptability of work and conformance with the requirements of the specifications and plans, the CITY shall be the final judge of performance and acceptability. 6.Subcontracting Interfacing: The DESIGN/BUILD FIRM shall be the sole point of interface with all subcontractors for the CITY and all of its agents and representatives. It shall negotiate all change orders, field orders, and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the CITY of their validity and reasonableness, acting in the CITY’s best interest prior to requesting approval of each change order from the CITY. Before any work is begun on any change order, a written authorization and approval from the CITY must be issued. However, when health and safety are threatened, the DESIGN/BUILD FIRM shall act immediately to remove the threat. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The DESIGN/BUILD FIRM shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested by the subcontractors and shall maintain said suspense control system to promote timely response. The Project Manager must be informed when the timely response is not occurring on any of the above. 7.Permits: The DESIGN/BUILD FIRM shall secure all necessary permits, the cost of which will be considered a direct cost item. 8.JobSite Requirements: TheDESIGN/BUILDFIRM shall provide for each ofthe followingactivities as a part of its Construction Phasefee: 515 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 2 WDBC Document No. W-1708- 2013 Page G-2 7/27/20 a.Provide a safety program for the project to meet CITY and OSHA requirements. Monitor for subcontractor compliance without relieving them of the responsibilities to perform work in accordance with the best acceptable practice. b.Maintain a logof daily activities, includingmanpowerrecords, weather,delays, major decisions, etc. c.Maintain a roster of companies on the project with name and telephone numbers of key personnel. d.Establish and enforce job rule governing parking, clean-up, use of facilities and worker discipline. e.Provide labor relations management for a harmonious, productive project. f.Providea qualitycontrol program as per Section3.2(F) herein. g.Miscellaneous office supplies that support the construction efforts which are consumed by its own forces. h.Travel to and from its home office to the project site as the project requires shall be reimbursed thru the GMP. The DESIGN/BUILD FIRM shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Agency(ies) inspectors. 9.Job SiteJob Site Administration:The DESIGN/BUILD FIRM shall provide as part of itsjob sitefee, job site administration functions during construction to assure proper documentation, including but not limited to such things as follows: Job Meetings – Hold weekly progress meetings and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing approvals and return of shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor’swork.Reviewand implement revisionstothe Schedule. Monitor andpromotesafety requirements. In addition, regular project status meetings will be held between the CITY and the DESIGN/BUILD FIRM either biweekly or monthly, whichever is designated by the Project Manager. 516 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 3 WDBC Document No. W-1708- 2013 Page G-3 7/27/20 The Job site meetings should be utilized as a tool for pre-planning of work, enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible to follow up on any problems, delay items or questions and record course of action/solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. Shop DrawingSubmittals/Approvals: Providestaff to check shopdrawings andcloselymonitor their submittal and approval process. Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries; critically important checking and follow-up procedures on supplier commitments of all subcontractors. Payments to Subcontractors: Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. All financial documents and records shall be maintained pursuant to reasonable accounting practices designed to afford the CITY the ability to have the documents audited with the minimum of cost and disruption. Document Interpretation: Refer all questions for interpretation of the technical documents to the CITY for direction. Reports and Project Site Documents: Record the progress of the project. Submit written progress reports to the CITY including information on the subcontractor’s work, and the percentage of completion. Keep a daily log available to the CITY and the Permitting Agency(ies) inspectors for reviewing and copying. Subcontractor’s Progress: Prepare periodic punch lists for subcontractor’s work including unsatisfactory or incomplete items and schedules for their completion. Substantial Completion: Substantialcompletion shall be established by way of the following steps: a.DESIGN/BUILD FIRM shall notify the CITY that the project is ready for Substantial Completioninspections. b.TheCITYshallconductsuchinspections. c.InspectionsshallbecompletedbytheCITY’s Representative. d.TheCITYshallconsolidatea punchlist (CITY’spunchlist) e.The DESIGN/BUILD FIRM shall issue a Certificate of Substantial Completion for acceptance by the CITY’s with punch list attached. Start-up: With the CITY’s personnel, direct the checkout of utilities, operations, training, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors. Final Completion: Monitor the Subcontractor’s performance on the completion of the project and provide notice to the CITY that the Work is ready for Final Inspection. Secure and transmit to the CITY all required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and maintenance manuals including the Final Completion Form. 517 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 4 WDBC Document No. W-1708- 2013 Page G-4 7/27/20 Record Drawings: The DESIGN/BUILD FIRM shall monitor the progress of their own forces or their subcontractors on marked up field prints and at project completion will prepare the final record drawings. 10.Administrative Records: The DESIGN/BUILD FIRM will maintain on the Job Site all project files and records. The project records shall be available at all times to the CITY for reference, review or copying. 11.CITY Occupancy: The DESIGN/BUILD FIRM shall provide services during the design and construction phases and will provide a coordinated CITY occupancy of the project. It shall provide consultation and project management to facilitate CITY occupancy and provide transitional services togetthe work, ascompleted bythe subcontractors; “on-line” insuchconditionsaswillsatisfyCITY operational requirements. a.It shall conduct the preliminary punch list inspection and coordinate the completion of the punch list work to be done with the CITY occupancy in mind. b.It shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the CITY in such a manner as to promote their usability. It shall provide operational training in equipment use for building operators. c.It shall secure required guarantees and warranties, assemble and deliver same to the CITY in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. d.Itshall continuously review“Record” Drawings” and mark up progress prints toprovideasmuch accuracy as possible. The CITY may not occupy or take control of the Project until the above items discussed in this paragraph have been completed and the “Substantial Completion”, and “Warranty” requirements specified in paragraphs3.2J. (8) “Substantial Completion”, 3.2J (10) “Final Completion”, and 3.2J (M) “Warranty” have been completed to the City’s satisfaction excluding the requirements for a warrantyinspection.Nothinginthis provisionshall precludethe CITYfromtaking partial occupancy ifnecessary. 12.WARRANTY: Where any work is performed by the DESIGN/BUILD FIRM’s own personnel or by subcontractors under Contract with the Design/Build Firm, the DESIGN/BUILD FIRM shall warrant that all materials and equipment included in such work will be new except where indicated otherwise in the Contract documents, and that such work will be new and of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same work, the DESIGN/BUILD FIRM further agrees to correct all work found by the CITY to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of two (2) years from the Date of Final Completion or for such longer period of time as may be set forth withrespect to specific warranties contained in the trade sections of the Specifications. The DESIGN/BUILD FIRM shall collect and deliver to the CITY any specific written warranties given by others as required by the ContractDocuments. The DESIGN/BUILD FIRM shall warrant to the CITY that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens,claims 518 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 5 WDBC Document No. W-1708- 2013 Page G-5 7/27/20 or encumbrances against the equipment and materials. DESIGN/BUILD FIRM is required to submit form provided by the CITY, herein attached as part of “Appendix C” herein, named “Warranty of Title” to certify this claim. 13.Code Inspections: All projects require detailed code compliance inspections during construction in certain disciplines. These disciplines normally include, but are not necessarily limited to structural, mechanical, electrical, plumbing, and general building. All inspections shall be made for conformance with the applicable building codes, compliance with drawings and specifications. The DESIGN/BUILD FIRM is ultimately responsible for all code compliance. Cost for all re-inspections of work found defective and subsequently repaired shall be borne by the DESIGN/BUILDFIRM. 14.Subcontractors: Proposals: Subject to Section 3.9.2 “Cost of Work” and in accordance with Section 3.2D “Solicitation of Bids,” the DESIGN/BUILD FIRM shall request and receive proposals from subcontractors and suppliers and will award those contracts to the responsive qualified low bidder after it has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work. Required Subcontractor’sQualifications and Subcontractors Conditions: a.Subcontractor Relations: The DESIGN/BUILD FIRM shall require each subcontractor to the extent of the work to be performed by the subcontractor to be bound to the DESIGN/BUILD FIRM by the terms of the Contract Documents, and to assume toward the DESIGN/BUILD FIRM all the obligations and responsibilities which the DESIGN/BUILD FIRM by these Documents, assumes toward theCity. The DESIGN/BUILD FIRM shall not employ any subcontractor, whether initially or as a substitute against whom the CITY has reasonable objection. The DESIGN/BUILD FIRM shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section 3.5, and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. Each subcontractor shall similarly make copies of such Documents available to its subcontractors. b.Subcontract Requirements: The DESIGN/BUILD FIRM shall be responsible for pre- qualifying subcontractors. Pre-qualification shall include but not limited to evaluation of previous experience staffing resources, financial conditions and overall ability to perform the work. Workforce: The DESIGN/BUILD FIRM shall evaluate subcontractor’s percentage of the project construction work to be performed utilizing its own employees. Subcontractor Experience: The subcontractor must demonstrate related experience of similar size and complexity as determined by the DESIGN/BUILD FIRM. Supervision: The subcontractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, 519 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 6 WDBC Document No. W-1708- 2013 Page G-6 7/27/20 mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two (2) years within the last five years. The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule the work. c.All Subcontractors shall provide: LIMITATION OF REMEDY – NO DAMAGES FOR DELAY OR DISRUPTION The subcontractor’sexclusive remedyfor delaysor disruptions,exceptfor activeinterference by the CITYinthe performanceof thecontractcaused byevents beyondits control,includingCITY delays claimed to be caused by the CITY or attributable to the CITY and including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the Work, the subcontractor’s claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes. Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays or disruptions and changes in the Work, and thus eliminate any other remedies for claim for increase in the contract price, damages, losses, or additional compensation. Each subcontract shall require that any claims by subcontractor for delay or additional cost must besubmittedtothe DESIGN/BUILDFIRMwithin seven(7)calendardaysintheformatinwhich the DESIGN/BUILD FIRM must submit such claims to the CITY. Failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. Any such claim must include a time impact analysis as a justification for any equitable time or price adjustment, and a subcontractor’s refusal to provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim in any future litigation. The DESIGN/BUILD FIRM shall also: 1. Observe work of each subcontractor to monitor compliance with schedule. 2. Verify that labor and equipment are adequate for the work and the schedule. 3. Verifythattheproductprocurement schedulesareadequate. 4. Verifythatproductdeliveriesareadequatetomaintainschedule. 5. Report non-compliance with recommendation for changes to the CITY. Responsibilities for Acts and Omission: The DESIGN/BUILD FIRM shall be responsible to the CITY for the acts and omission of its employees and agents and its subcontractors, their agents and employees, and other persons performing any of the work of supplying materials under a contract to the DESIGN/BUILD FIRM. Subcontracts to be Provided: Upon request, the DESIGN/BUILD FIRM shall include a copy of each signed subcontract, including the general supplementary conditions, in the project manual. 520 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 7 WDBC Document No. W-1708- 2013 Page G-7 7/27/20 15.City’s Responsibilities: CITY’s Information: The CITY shall provide information that it possesses regarding the requirements for the project. Site Survey and Reports: The CITY shall provide any available surveys describing the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal descriptionrelatingto this Project. The CITY does not warrant the completeness or the current accuracy of any reports and DESIGN/BUILD FIRM is entitled to rely on said reports in the performance of its work for this Project unless DESIGN/BUILD FIRM knows or reasonably should have known such surveys or reports are inaccurate. Approvals and Easements: The CITY shall pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Legal Services: The CITY shall furnish such legal services as may be necessary for obtaining any approvals or easements and such auditing services as the CITY deem necessary. Drawings and Specifications: The CITY will attempt to review and act upon the DESIGN/BUILD FIRM’s drawings and Specifications in ten (10) calendar days to avoid delaying the progress of the Project. 16.Tests & Inspections: DESIGN/BUILD FIRM shall give CITY notice of readinessof theWork for all requiredinspections,testsandapprovals.DESIGN/BUILDFIRMshallassumefullresponsibility, pay all costs and furnish CITY the required certificates of inspection, testing and approval for all materials, equipment or the Work or any part unless other specified. Neither CITY, nor other inspectors shall have authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, the giving of any gratuity or the granting of any favor by the DESIGN/BUILD FIRM to any inspectors, directly or indirectly is strictlyprohibited and punishable to the full extent of the law, and any such action on the part of the DESIGN/BUILD FIRM will constitute a termination of the resultantContract. Miscellaneous -Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 17.Establishment of Guaranteed MaximumPrice: GMP Established After Execution of this Contract GMP Proposal: Upon completion of Phase I (Preliminary Design Documents), DESIGN/BUILD FIRM shall submit a GMP Proposal to the CITY which shall include the following, unless mutually agreed to otherwise by the parties: 521 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 8 WDBC Document No. W-1708- 2013 Page G-8 7/27/20 A proposed GMP, which shall be the sum of: i.Design-Builder’s Fee as defined in Section 2,Phase 2, of Attachment B, Compensation; ii.the estimated Cost of the Work as defined in Section 2,Phase 2 (Phase 2A and Phase 2B), of Attachment B,Compensation, inclusive of any Design- Builder’s allowance as defined in Section 1.1.2 above; and iii.if applicable, any prices established under Section 2, Phase 2 (Phase 2A or Phase 2B) of Attachment B, Compensation. A list of the drawings and specifications, including all addenda used as the basis for the GMP Proposal; A list of all the assumptions and clarifications made by the DESIGN/BUILD FIRM in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; The Guaranteed Completion Date – Substantial and Final Completion - (GCD) upon which the proposed GMP is based, to the extent said date has not already been established and a schedule upon which the GCD is based; A list of allowances and statement of their basis; A statement of additional services; and The time limit for acceptance for the GMP Proposal. All Lump Sum amounts set forth above shall be paid in accordance with a schedule of values on a percent completed basis and shall NOT be subject to audit rights. 18.Insurance:Duringtheperformance oftheservicesunderthisContract,DESIGN/BUILDFIRMshall maintain the following insurance policies, and provide Certificates of Insurance written by an insurance company authorized to do business in the state of Florida in accordance with Section 3.13.2.1 of the Special Conditions to include: d.Worker’s Compensation Insurance: The DESIGN/BUILD FIRM shall procure and maintain for the life of this Contract, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- Contractor 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. e.ComprehensiveGeneral Liability: The DESIGN/BUILD FIRM shall procureandmaintainfor 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 7, “Indemnification”ofthisAgreement.Thispolicyshallprovidecoveragefor death,personalinjury or propertydamage that could arise directlyorindirectlyfromthe performanceofthis Agreement. DESIGN/BUILD FIRM shall maintain a minimum coverage of $1,000,000 per occurrence and $2,000,000 general aggregate for personal injury and for property damage. The general liability 522 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 9 WDBC Document No. W-1708- 2013 Page G-9 7/27/20 insuranceshall includethe CITYas an additionalinsured and shallinclude a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. f.Business Automobile Liability: The DESIGN/BUILD FIRM shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The DESIGN/BUILD FIRM shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the DESIGN/BUILD FIRM from claims of 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 including rented automobiles, whether such operations be by the DESIGN/BUILD FIRM or by anyone directly or indirectly employed by the DESIGN/BUILD FIRM. g.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 peroccurrence. h.Umbrella Liability: The DESIGN/BUILD FIRM shall procure and maintain, for the life of this contract, Umbrella Liability Insurance, over and above the previously noted liability insurance policies. The DESIGN/BUILD FIRM shall maintain a minimum amount at $4,000,000 It shall be the responsibility of the DESIGN/BUILD FIRM to ensure that all sub-contractors comply with the same insurance requirements referenced above. Inthe judgment ofthe CITY,prevailingconditionsmaywarrantadditionalliabilityinsurancecoverage or coverage which is different in kind from the original insurance submitted by the DESIGN/BUILD FIRM. The CITY reserves the right to require the provision by the DESIGN/BUILD FIRM of an amount of coverage different from the amounts or kind previously required, and shall afford written notice of such changeinrequirementsthirty(30) days prior tothe date onwhichtherequirements shall take effect. Should the DESIGN/BUILD FIRM 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, mayterminate the Contractupon writtennoticeto the DESIGN/BUILDFIRM, said terminationtaking effect on the date that the required change in policy coverage would otherwise beeffective. DESIGN/BUILD FIRM shall, for a period of two (2) years following the termination of the Agreement, maintain a “tail coverage” in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only. The CONTRACTOR agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected with a retroactive date, including at least the last policy year. Any exceptions to the insurance requirements in this section must be approved in writing by the CITY’s Risk Management. Contractors PollutionLiability: Contractor’s PollutionLiability: The DESIGN/BUILDFIRM shall maintain during the term of this Contract, Contractor’s Pollution Liability in the amount of $1,000,000 Per Loss/$2,000,000 Annual Aggregate. Coverage will be required for any Environmental/Pollution related services including but not limited to testing, design, consulting, analysis, or other consulting work, whether self-performed or subcontracted. Additionally, such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible 523 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 10 WDBC Document No. W-1708- 2013 Page G-10 7/27/20 property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations of the DESIGN/BUILD FIRM including transportation. CITY shall be named as additional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included. 19.Professional Liability (Errors and Omissions): The DESIGN/BUILD FIRM shall maintain during the term of this Contract, Professional Liability Insurance in the minimum amount of $1,000,000 per occurrence. Coverage will be broad to include Errors and Omissions specific to DESIGN/BUILD FIRM’s Professional Liability for direct and contingent design-errors and Architect’s/Engineer’s Professional Liability with no exclusions for Design-Build work. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of thepolicy. 20.Builder’s Risk: During the course of the Contract, the DESIGN/BUILD FIRM shall be responsible to maintain Builder’s Risk Insurancecoverage withthe limit beingequal to100% ofthe completed value (Replacement Value) of the Project; including contractor’s labor, materials and equipment used for completion of the Work. The Builder’s Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The deductible for flood, wind, and hail cannot exceed 5% of the insured value. No deductible greater than $50,000 shall be permitted for all other perils. The DESIGN/BUILD FIRM is responsiblefor payment of deductibles for all losses except for those losses as a direct result ofForce Majeure. The CITY and the DESIGN/BUILD FIRM shall be the certificate holder and Additional Named Insured. The DESIGN/BUILD FIRM entity (i.e. Joint Venture, Partnership, etc.) must be a named insured on all required insurance coverages. The CITY shall be named as additional insured under the Commercial General Liability Policy, the Umbrella Policy, and the Contractor’s Pollution Coverage. DependinguponthenatureofanyaspectofthisProjectanditsaccompanyingexposuresandliabilities, the CITY may, at its sole option, require additional insurance coverages in amounts responsive to those liabilities which may or may not require that the CITY also be named as additionalinsured. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter’s rights and subrogation in favor of the CITY of Boynton Beach. Such insurance shall be written by an insurer with an A.M. Best Rating of A- VII X or better. Prior to commencing any work on the Project, Certificates of Insurance approved by the CITY’s Risk Management Department evidencing the maintenance of said insurance shall be furnished to the CITY. The insurance policies shall be endorsed to provide that no material alteration or cancellation, 524 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 11 WDBC Document No. W-1708- 2013 Page G-11 7/27/20 including expiration and non- renewal shall be effective until thirty (30) days after receipt of written notice to the CITY. Anything to the contrary, notwithstanding liabilities of the DESIGN/BUILD FIRM under this Contract shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Neither approval nor failure to disapprove insurance furnished by the DESIGN/BUILD FIRM shall relieve the DESIGN/BUILD FIRM from responsibility to provide insurance as required by the Contract. 21.Bonds: In accordance with the provisions of Florida Statutes §255.05, the DESIGN/BUILD FIRM shallprovidetotheCITY,onformsfurnishedbytheCITY,a 100% Performance and a 100% Payment Bond, each in the amount less than the Guaranteed Maximum Price, being less the Design and Engineering Fees. No qualifications, modifications or riders to the bond forms are permitted. The Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as a condition precedent to the CITY’s issuance of a Notice to Proceed. The performance bond shall be conditioned that the DESIGN/BUILD FIRM performs the Contract in the time and manner prescribed in the Agreement. The payment bond shall be conditioned that the DESIGN/BUILDFIRM makes payments to all personswho supply the DESIGN/BUILD FIRM with labor, materials and supplies used directly and indirectly by the DESIGN/BUILD FIRM in the performance of the Work providedfor in resultant Contract, and anychange orders shall provide that the surety shall pay the amount not exceeding the sum provided in the bonds, together with interest at the maximum rate allowed bylaw and that the DESIGN/BUILDFIRM and surety shall indemnify and holdharmlessthe CITY totheextentofanyandallpaymentsin connection withthe performance of this Contract which the CITY may be required to make by law. To be acceptable to the CITY as Surety for Performance Bonds and Payment bonds, a Surety company shall comply with the following provisions outlined in the General Conditions herein. The Surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: i.Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization, or approval by the State of Florida, Department of Insurance to conduct business in the state has been met. j.In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. The performance and payment bonds shall continue ineffect for one (1) year after the final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of those bonds reduced after final payment to an amount equal to twenty five percent (25%) of the agreed GMP, less design and engineering fees, or an additional bond shall be conditioned that DESIGN/BUILD FIRM shall correct any deficiencies or faulty Work or material which appears within one (1) year after final completion of the Agreement, upon notification of the CITY. 525 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 12 WDBC Document No. W-1708- 2013 Page G-12 7/27/20 22.Harmony:DESIGN/BUILDFIRMis advisedandagreesthatit willexerteveryreasonable anddiligent effort to assure that all labor employed by DESIGN/BUILD FIRM and its Subcontractors for work on the Project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the Site of the Project. DESIGN/BUILD FIRM further agrees that this provision will be included in all subcontracts of the subcontractors as well as the DESIGN/BUILD FIRM’s own contract; provided however, that this provision shall not be interpreted or enforced so as to deny a bridge on account of membership or non-membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 23.Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 24.Confidentialityand PublicRecords Law: Any information disclosedby one party (“DisclosingParty”) to the other party (“Recipient”)in connectionwiththisContract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential (the “Confidential Information”) will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient’s employees, contractors, or alliance companies on a “need to know” basis in connection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each party may disclose Confidential Information relating to the Work to providers of goods and services such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i) is already known to Recipient at the time of disclosure; (ii) is or become publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party’s Confidential Information; or (iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other’s Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that the CITY is a municipal corporation that is subject to Florida Statutes § 119, and related statutes known as the “Public Records Laws.” If a request is made to view such Confidential Information, CITY will notify DESIGN/BUILD FIRM of such request and the date that such records will be released to the requester unless DESIGN/BUILD FIRM obtains a court order enjoining such disclosure. If the DESIGN/BUILD FIRM fails to obtain that court order enjoining disclosure, CITY will release the requested information on the date specified. Such release shall be deemedtobemadewiththeDESIGN/BUILDFIRM’sconsentandwillnotbedeemedtobeaviolation of law, including but not limited to laws concerning trade secrets, copyright or other intellectual property. In the event the DESIGN/BUILD FIRM breaches this Contract, then the DESIGN/BUILD 526 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 13 WDBC Document No. W-1708- 2013 Page G-13 7/27/20 FIRM hereby grants CITY a limited license touse theConfidential Information inanyreasonable way in order to mitigate CITY’s damages. 25.Severability: Should any provision of this Contract be deemed or determined to be unenforceable by a court of competent jurisdiction, the remaining contract provisions shall remain in full force and effect. Verification of Employment Status: The CITY shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act (“INA”). The CITYshall consider the employment by the DESIGN/BUILD FIRM of authorized immigrants, a violation of Section 274A(e) of the INA. The DESIGN/BUILD FIRM agrees that such violation shall be grounds for the unilateral cancellation of the Contract by the CITY. 26.Payment of Overtime: Any Overtime required for the DESIGN/BUILD FIRM to complete the Work withintheContractTimeshall beatthe solecostandexpenseoftheDESIGN/BUILDFIRM. IfCITY requires the DESIGN/BUILD FIRM to perform Overtime Work in order to complete the Work prior to the Guaranteed Completion Date, the DESIGN/BUILD FIRM shall invoice the CITY for the Overtime such that only the actual costs incurred by the DESIGN/BUILD FIRM relating to the payment of Overtime premiums, in accordance with the labor policies and applicable laws. Such actual costs include Overtime wage premium, and additional taxes and insurance directly associated with the Overtime wage premium. The DESIGN/BUILD FIRM agrees that it will not charge for personnel paid a salary, or other form of compensation such that the DESIGN/BUILD FIRM incurs no direct costs as a result of the Overtime. The DESIGN/BUILD FIRM shall total the direct Overtime charges, and add the agreed upon overhead rate, but in no case shall such overhead rate exceed ten-percent (10%) of the total Overtime costs. Overtime may only be charged to CITY if the DESIGN/BUILD FIRM was directed in writing by the CITY to incur the Overtime. Such authorization for Overtime shall be accompanied by a Change Order 1. Scheduling of Overtime: The CITY and the DESIGN/BUILD FIRM shall establish and agree upon an overall project baseline schedule that shows all work scheduled in excess of forty (40) hours per week, and work scheduled on Saturdays, Sundays and Holidays (“Scheduled Overtime”). Whenever the DESIGN/BUILD FIRM has Work scheduled beyond the hours per day, days per week, or the Saturdays, Sundays or Holidays shown on the baselineschedule (“Unscheduled Overtime”), then the DESIGN/BUILD FIRM shall arrange in advance for CITY or the CITY’s representative to inspect the Work performed during Unscheduled Overtime. The DESIGN/BUILD FIRM shall not perform Overtime Work, scheduled or unscheduled without the CITY or the CITY’s representative at the WorkLocationoravailableto performthe inspection,as directedbythe CITY. The DESIGN/BUILD FIRM shall reimburse for any additional costs associated with the CITY or the CITY’s representative’s Overtime pay related to Unscheduled Overtime. 2. Force Majeure: No party shall be liable for any default or delay in the performance of its obligations under this Contract due toan act of God or other eventto the extentthat: (a)the non-performingparty is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and (c) such default of delay could not have been reasonably circumvented by the non-performing party through the use of alternative sources, work-around plans or other means.Such causes include but are not limitedto: act of civil ormilitaryauthority(including but not limited to courts and administrative agencies); acts of God; war, terrorist attacks; riot; 527 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 14 WDBC Document No. W-1708- 2013 Page G-14 7/27/20 insurrection; inability of CITY to secure approval, validation, or sale of bonds; inability of CITY or DESIGN/BUILD FIRM to obtain any required permits, licenses or zoning, blockades; embargoes; sabotage; epidemics; fires; hurricanes; tornados; floods, or strikes. In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder (including the payment of monies if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or non-performance resulting from such causes, the party affected shall promptly notify the other in writing of the nature, cause, date of commencement and the anticipated impact of such delay or non- performance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be thereby affected. 3. Interruptions: In situations whereby DESIGN/BUILD FIRM deems it necessary to interrupt operations, only a twenty-four (24) hour downtime is permissible. 27.Compliance with 2 CFR Appendix II to Part 200-Contract Provisions for Non- Federal Entity Under Federal Awards: The Owner and Design Builder will comply with provision of the following attachment : See below. 528 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 15 WDBC Document No. W-1708- 2013 Page G-14 7/27/20 Attachment 2 CFR Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contract Under Federal Awards Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non—Federal entity, all contracts made by the non—Federal entity under the Federal award must contain provisions covering the following, as applicable. (A)Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and theDefense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the mariner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(6), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30FR 12319, 12935, 3 CFR Part,1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11245 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis—Bacon Act, as amended (40 U.S.C. 5141-3148). When required by Federal programlegislation, all prime construction contracts in excess of $2,000 awardedby non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3145—3148) as supplemented by Department of Labor regulations(29CFR Part5,‘labor Standards Provisions Applicableto Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractorsmustbe required to paywagestolaborers andmechanics at a rate not lessthan the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non—Federal entity must report all suspected or reported violations to the Federal awarding agency. The contacts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFRPart 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public 529 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 16 WDBC Document No. W-1708- 2013 Page G-14 7/27/20 work, to give up any part of the compensation to which he or she is otherwise entitled. The non—Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contact Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non—Federal entity in excess of $100,000 that involve the employment of mechanics ox laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be requiredtocomputethewagesofeverymechanicandlaboreronthebasisofa standardwork weekof40hours.Workinexcessofthestandardworkweekispermissibleprovided that the workeriscompensatedatarateofnotlessthanoneandahalftimesthebasicdateofpayfor all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “fundingagreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient mustcomplywiththe requirements of37CFRPart 401,“Rightsto Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7571q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000must contain a provisionthatrequiresthe non-Federal awardtoagree tocomply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (GPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2CFR180.220)mustnotbemadeto partieslistedonthe governmentwideexclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180that implement ExecutiveOrders 12549(3CFR part 1985 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, ox otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti—Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply ox bid for an award exceeding$100,000must filetherequiredcertification.Eachfleercertifies to the fleerabovethatitwill notandhasnotusedFederalappropriated funds to pay anyperson or organization for influencing or attempting toinfluence anofficer ofemployee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member ofCongressinconnectionwithobtaininganyFederalcontract, grant oranyother 530 SECOND AMENDED PROGRESSIVE DESIGN/BUILDAGREEMENT FOR EASTWATERTREATMENT PLANT REPLACEMENT GENERATOR 17 WDBC Document No. W-1708- 2013 Page G-14 7/27/20 awardcovered by31 U.S.C. 1352. Each fleermust also disclose anylobbying withnon— Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tree to fleer up to the non—Federal award. J) See 200.323 - Procurement of Recovered Materials. See 200.216 - Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 200.322 — Domestic Preferences for procurements. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020. 531 1 2 RESOLUTION NO.R20-077 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA,APPROVE A CONTRACT WITH GLOBALTECH, 6 INC.FOR THE INSTALLATION OF NEW EMERGENCY 7 POWER GENERATORS OF THE EAST WATER TREAT 8 MENT PLANT(EWTP)AND AUTHORIZE THE CITY 9 MANAGER TO SIGN THE CONTRACT; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS,The EWTP is required to have a back-up power generation to ensure 13 continuity of operations during any electric utility power failure;and 14 WHEREAS,The project aims to install 2 generators, an ultra low emission 15 generator(Tier 4)while on curtailment and a low emission(Tier 2)unit,at other times,to 16 provide back-up power for any eventuality both during a short term curtailment or a long 17 term outage post a major storm; and 18 WHEREAS,the contract with Globaltech,who was selected through Request For 19 Qualifications(RFQ)#066 2821 19/TP* (RFQ)#006-2821-20/TP and approved by Commission at 20 Their June 2nd 2020 meeting, is a Progressive Design Build contract that allows for two phases,the 21 First of which is for the development of a Guaranteed Maximum Price(GMP)for the work;and 22 WHEREAS,the City Commission finds this action necessary to the public's safety 23 to approve a contract with Globaltech, Inc. for the installation of new emergency power 24 generators of the East Water Treatment Plant (EWTP) and authorize the City Manager to 1 25 sign the contract. 26 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 28 Section 1.The foregoing"Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves a contract with Globaltech, Inc., selected through Request For Qualifications 33 (RFQ)#066 2821 19/TP* (RFQ)#006-2821-20/TP and approved by Commission at their 34 June 2nd 2020 meeting for the installation of new emergency power generators of the East 35 Water Treatment Plant(EWTP)and authorize the City Manager to sign the contract. Scrivener's Error 532 36 Section 3. That this Resolution shall become effective immediately. 37 38 PASSED AND ADOPTED this tday of August, 2020 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 42 Mayor—Steven B. Grant 43 44 Vice-Mayor—Ty Penserga 45 46 Commissioner—Justin Katz 47 48 Commissioner— Woodrow L. Hay 49 50 Commissioner—Christina L. Romelus 51 52 VOTE c-0 53 ATTEST: 54 55 56 C tal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 62 a ,1T Y c,., A I '4 f7 S:\CA\RESO\Agreements\Globaltech Emergency Power Generators-Reso.docx 533 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR This AGREEMENT is made effective as of August 2020,by and between the following parties, for services in connection with the Project identified below: OWNER: The City of Boynton Beach,Florida 100 E. Ocean Avenue PO Box 310 Boynton Beach,FL 33425-0310 DESIGN-BUILDER: Globaltech,Inc. 6001 Broken Sound parkway, Suite 610, Boca Raton,FL 33487 PROJECT: RFQ#006-2821-20/TP—East Water Treatment Plant Generator Replacement Progressive Design-Build WHEREAS, the CITY solicited proposals from qualified Design-Build Firms to provide the procurement and installation of the replacement generator at the East Water Treatment Plant. WHEREAS, pursuant to Section 287.055,Florida Statutes,the City of Boynton Beach solicited proposals for non-exclusive Contracts to perform professional services,and WHEREAS, at its meeting August 2020 by Resolution No.: R20-077, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 006-2821-20/TP. In consideration of the mutual 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 1 Services. Owner has selected Design-Builder on the basis of Design-Builder's proposal for the performance of design,pricing, and other services for the Project during Phase 1. Design- Builder shall perform such services to the level of completion required for Design-Builder to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 in conjunction with Attachment B. Design-Builder's Compensation for Phase 1 Services is set forth in Section 1, Phase 1, of Attachment B, Compensation. The level of completion required for Phase 1 Services is defined in Attachment A, Scope of 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 Project, the procurement of all materials and equipment for the Project, the performance of construction services for the Project, the start-up, testing, and commissioning of the Facility,and the provision of warranty services,all as further described in Attachment A,Scope Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 1 Progressive Design/Build Agreement 8/6/20 534 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR of Work. 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) reject 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, Off-Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2,Phase 2, of Attachment B, Compensation,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, Design-Builder shall perform the Phase 2 services,all as further described in Attachment A,Scope of Work,as it may be revised. 1.4 Off-Ramp. 1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may 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 Project. Consequently, Design-Builder hereby agrees that if Owner 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-consultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 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 time limit for acceptance specified in the Proposal,as may be extended by the mutual agreement of the parties,then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event,Owner and Design-Builder shall meet and confer as to how the Project will proceed,with Owner having the following options: 1. Owner may declare Phase 1 Services completed and authorize Design-Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service,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 under Section 1.4.2 in a reasonable period of time, 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 terminates the relationship with Design-Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design-Builder shall have no further liability or obligations to Owner under this Agreement 1.5 Completion. Once Design-Builder has received a Notice to Proceed with Phase 2, Design- Builder shall 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. Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 2 Progressive Design/Build Agreement 8/6/20 535 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 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 D, General Conditions; 2. Written Supplementary Conditions, if any,to the General Conditions; 3. This Agreement,including all exhibits and the following attachments: Attachment A Scope of Work Section 1 Phase 1 Scope of Work Section 2 Phase 2 Scope of Work Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity, Insurance&Bonding Attachment F Owner's Project Design-Build Criteria by Reference. Attachment G Special Conditions 4. Construction Documents prepared and reviewed in accordance with GC 2.4; to be developed in Phase 2 5. The following other documents, if any, attached hereto: (List,for example, Unit Price Schedules, Design-Builder's allowances, Design-Builder's rates for design services, and any other document Owner and Design-Builder elect to make a Contract Document) 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 1 Compensation and the agreed 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. 3.2 Meanings. Terms,words and phrases used in the Contract Documents,including this Agreement, shall have the meanings given them in GC 1.2. 3.3 Entire Agreement. The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein in their entirety. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 3 Progressive Design/Build Agreement 8/6/20 536 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 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 under the Contract Documents, 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 Product on any other project or facility without Design-Builder's express written consent. 43 Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8.0 ("Termination for Convenience"), or if Design-Builder elects to terminate this Agreement in accordance with GC 9.5 ("Design-Builder's 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 deemed 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. Use of the Work Product is at Owner's sole risk without liability or legal exposure to Design-Builder or anyone working 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 and Terminate for Cause") 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 of an early termination of the Work,whether for convenience or for cause,Design-Builder will not have the opportunity to finish or to fmalize 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 Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from 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. 5.1.1 Design-Builder's Phase 1 Services shall commence within five (5) days of Design- Builder's receipt of Owner's Phase 1 Notice to Proceed unless the parties mutually agree otherwise in writing. The parties shall use their best efforts to complete the Phase 1 Services within the time durations detailed in Attachment C. Section Entitled; SCHEDULE". Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 4 Progressive Design/Build Agreement 8/6/20 537 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 5.1.2 The Phase 2 Services shall commence on the date within five(5)days of Design-Builder'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 shall be achieved no later than Four Hundred 400) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved in accordance with Attachment C,Schedule. 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved within Sixty (t.)0 days after Substantial Completion. 5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the General Conditions. 53 Time is of Great Importance. Owner and Design-Builder mutually 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, information, data, and approvals required under the Contract Documents in a timely 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 Completion is not achieved by the Scheduled Substantial Completion Date(as it may be extended hereunder),Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the "LD Date"), Design-Builder shall pay Owner One Thousand Dollars ($1,000.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date,up to a maximum of: Fifty Thousand Dollars($50,000.00). The liquidated damages provided herein shall be in lieu of all liability for any and 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 Damages shall be assessed in the event that Owner takes early beneficial occupancy of the Facility or makes partial use thereof for operating or commercial purposes before Substantial Completion is achieved. 5.5 Early Completion Bonus. If Substantial Completion is achieved on or before Twenty (20) days before the Scheduled Substantial Completion Date (the"Bonus Date"), Owner shall pay Design-Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of Five Hundred Dollars 500.00) for each day that Substantial Completion is achieved earlier than the Bonus Date. Such Early Completion bonus shall not exceed Eiaht Thousand Dollars($10,000.00)in the aggregate. z Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 5 Progressive Design/Build Agreement 8/6/20 538 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR Article 6.0 Compensation and Contract Price 6.1 Phase 1 Compensation. For the Phase 1 Services,Owner shall pay Design-Builder compensation in accordance with Section 1,Phase 1,of Attachment B, Compensation. 6.2 Phase 2 Contract Price. For the Phase 2 Services,Owner shall pay Design-Builder in accordance with Section 2,Phase 2,of Attachment B,Compensation,an agreed Contract Price equal to Design- Builder's Fee (as defined in Attachment B)plus the Cost of the Work(as defined in Attachment B), subject to adjustments made in accordance with the General 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 1 Services performed under the Agreement per Attachment B,Section 1. 7.1.2 Owner shall pay Design-Builder for Phase 1 Services within thirty(30)days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with the provisions of GC 5.1 ("Payment for Phase 1 Services")and 5.4("Withholding of Payments"). 7.2 Progress Payments for Phase 2 Services 7.2.1 An initial payment of Zero dollars fki shall be made upon execution of this Agreement and credited to Owner's account at fmal payment 7.2.2 Design-Builder shall submit to Owner on or before the tenth (15th) day of each month, beginning with the first month after the Date of Commencement, Design-Builder's Application for Payment in accordance with GC 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 of payments previously made, and less any amounts properly withheld under GC 5.4("Withholding of Payments")and Section 7.3 below("Retainage on Progress Payments"). 7.2.4 If Design-Builder's Fee is a fixed amount, the amount of Design-Builder's Fee to be included in Design-Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder's Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain Ten percent10% of each Application for Payment provided, however, that when Fif percent(50%)of the Work has been completed by Design-Builder,and if the Work is proceeding satisfactorily, then Owner will not retain any additional amounts from Design-Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.3.2 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work, pursuant to GC 5.7("Substantial Completion"), Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 6 Progressive Design/Build Agreement 8/6/20 539 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR of Work as noted in the Certificate of Substantial Completion or other withholdings pursuant to GC 5.4. 7.4 Final Payment 7.4.1 Design-Builder shall submit its Final Application for Payment to Owner in accordance with GC 5.8("Final Payment"). Owner shall make payment on Design-Builder'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 5.8.2. 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 of the Work,including the development and agreement upon the Contract Price for Phase 2 Services. Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper fmancial management, using accounting and control systems in accordance with generally accepted accounting principles, and in such accounts as may be necessary for Owner's utility accounting purposes. During the performance of the Work and for a period of three (3) years after Final Payment,Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Design-Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment,provided, 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 sum, or unit rates for any element of cost. Article 8.0 Representatives of the 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: Michael Low Deputy Director,Manager of Technical Services 124 E Woolbright Road, Boynton Beach,FL 33435 561-742-6403 8.1.2 Owner designates the individual listed below as its Owner's Representative,which individual has the authority and responsibility set forth in GC 3.4("Owner's Representative"): Michael Low Deputy Director,Manager of Technical Services 124 E Woolbright Road, Boynton Beach,FL 33435 561-742-6403 Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 7 Progressive Design/Build Agreement 8/6/20 540 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 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: Paul Gandy,PE 6001 Broken Sound Parkway Suite 610 Boca Raton,FL 33487 Phone:561-997-6433 Design-Build Project Manager 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 2.1.1: Nico Shaner,PE 6001 Broken Sound Parkway Suite 610 Boca Raton,FL 33487 Phone: 561-997-6433 Design Project Manager 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,Indemnity, of Attachment E,Indemnity,Insurance&Bonding. 9.2 Insurance. The parties shall procure the insurance coverages set forth in Attachment E, Indemnity, Insurance&Bonding,in accordance with the General Conditions. 93 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,of Attachment E,Indemnity, Insurance&Bonding. Article 10.0 Other Provisions 10 Other provisions,if any,are as follows: 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 from any cause or causes, including but not limited to Design Builder's negligence, errors, omissions, strict liability or breach of contract, or breach of warranty, shall not exceed the Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 8 Progressive Design/Build Agreement 8/6/20 541 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR total amount of$50,000 or the fee Design Builder receives under this Agreement whichever is greater. 10.3 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 in Sudan List, and not on the Scrutinized Companies 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 of false certification was made in error.If Design-Builder 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. 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 Laws), 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 exemption applies shall be final, and the Design-Builder 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. 10.5 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 an public agency subject to Chapter 119, Florida Statutes. The Design-Builder shall comply with Florida's Public Records Law. Specifically,the Design-Builder 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 Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 9 Progressive Design/Build Agreement 8/6/20 542 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 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 forthedurationofthecontracttermand, following completion of the contract, Design- Builder shall destroy all copies of such confidential and exempt records remaining in its possession once the Design-Builder transfers the records in its possession to the City;and D. Upon completion of the contract, Design-Builder shall transfer to the City, at no cost totheCity, 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 information technology systems of the City. 10.6 IF THE DESIGN-BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE DESIGN-BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 10ProgressiveDesign/Build Agreement 8/6/20 543 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, arid each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. This Agreement will take effect once signed by both parties.This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties.A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day ofal\- Qptnythe„..A__ 20a b CITY OF BOYNTON BEACH pie/1.91.64...40.44, - anager Paul Gandy,PE,President,.Globalg ,Inc. Attest/Authenticated: Title e„..f.,o., tie. =dam 41,, / f Corporate Seal) C. Clerk rye, Ii Approved as to Form: Attest/Authepticated: 1 _a/aftOG' ice of the Ci E.:'tt• . ey Witness 0- eri n (henry Print Name Copyright 2013 by The Water Design-Build Council(WDBC) WDBC Document No. W-1701-2013 Page 11 Progressive Design/Build Agreement 7/27/20 544 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENT A SCOPE OF WORK SECTION 1 PHASE 1 1.0 Design-Builder shall exercise reasonable skill and judgment in the furnishing of design services. Architectural and engineering services shall be furnished by licensed employees of Design-Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design- Builder is responsible for the following Preliminary Design-Build Services: 1.1 Preliminary Evaluation. Design-Builder shall provide a preliminary evaluation of the Project's feasibility based on the Owner's Program and other relevant information. 1.2 Preliminary Schedule. Design-Builder shall provide a preliminary schedule for Owner's written approval. The schedule shall show the activities of Owner and Design-Builder necessary to meet Owner's completion requirements. 1.3 Preliminary Estimate. Design-Builder shall prepare for Owner's written approval a preliminary estimate utilizing area, volume, or similar conceptual estimating techniques. The level of detail for the estimate shall reflect the Owner's Program and any additional available information. If the preliminary estimate exceeds Owner's budget,Design-Builder shall make written recommendations to Owner. 1.4 Preliminary Design Documents. Design-Builder shall submit for Owner's written approval Preliminary Design Documents,based on the Owner's Program and other relevant information. Preliminary Design Documents shall include drawings,outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site. One set of these Documents shall be furnished to Owner. Design-Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.5 Division of Responsibility. Design-Builder shall prepare for Owner's review a proposed Division of Responsibility with respect to the Project, showing (a) equipment, materials, labor,and services to be provided by Design-Builder,(b)access,equipment,materials,data, information, and approvals to be provided by Owner, and (c) any items necessary for the Project to be provided by third parties. 1.6 Contract Price Proposal. Based on the Preliminary Design-Build Services, Design- Builder shall prepare for Owner's consideration a proposed Contract Price for the Phase 2 Services. 1.7 Additional Services. Design-Builder shall provide the following additional services, if any: 1.7.1 See Attachment F—Owner's Design-Build Criteria. Phase 1 Scope of Work WDBC Document No. W-1702-2013 Page A-I Attachment A—Scope of Work 8/6/20 545 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR SECTION 2 PHASE 2 2.1 Completion of Design 2.1.1 Drawings and Specifications Design-Builder shall submit for Owner's review and written comment Drawings and Specifications based on the Contract Documents and the Preliminary Design Documents prepared under Phase 1 and any further development of Contract Documents that have been approved in writing by Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work, and shall be based upon codes, laws or regulations enacted at the time of their preparation, provided, however,that if such codes,law,or regulations have changed between the date on which Design-Builder submitted its proposed Contract Price and the date of preparation, then Design- Builder shall be entitled to an equitable adjustment in the compensation and/or the Schedule. Construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2 Manuals Design-Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility, each in such form and in such numbers as the parties may agree, and such other manuals as the parties may agree. All such manuals shall be provided no later than ninety (90) days prior to the scheduled date for the commissioning and startup of the Facility. 2.2 Construction Services 2.2.1 Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under Paragraph 2.1.1 above,Design-Builder will commence the performance of Construction Services. 2.2.2 Completion In order to complete the Work, Design-Builder shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 2.2.3 Compliance Design-Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4 Schedule Design-Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C, Schedule, for Owner's written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from Owner. It shall be revised as required by the conditions of the Work. The Schedule of Work shall be the basis for Design-Builder's management and control of the project and its reporting of progress to Owner. 2.2.5 Permits Design-Builder shall assist Owner in securing the building permits necessary for the construction of the Project. 2.2.6 Safety and Hazardous Conditions Design-Builder shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Site. Design-Builder, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public. However, Design-Builder shall not be responsible for the elimination or abatement of any pre-existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees,agents, WDBC Document No. W-1702-2013 Page A-2 Attachment A—Scope of Work 8/6/20 546 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR separate contractors or tenants. Owner agrees to cause its employees,agents,separate contractors, and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 2.2.7 Reports As provided in GC 2.1.2,Design-Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work,and also including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. 2.2.8 Site Maintenance At all times Design-Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work. At the completion of the Work, Design- Builder shall remove from the premises all construction equipment,tools, surplus materials,waste materials and debris. 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal,state or local law or regulation,or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling,disposal and/or clean-up. Design-Builder shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2 If after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site,Owner and Design-Builder shall proceed in accordance with the requirements of GC 4.1 ("Hazardous Conditions&Differing Site Conditions"). 2.4 Patents&Copyright 2.4.1 Design-Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials,methods or systems selected by Design-Builder and incorporated in the Work. Design-Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Owner or specified in the Performance Criteria or bridging documents to be incorporated in the Work. Owner agrees to defend,indemnify and hold Design-Builder harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any such patented or copyrighted materials,methods or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design-Builder's warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction, shall be as specified in GC 2.9("Design-Builder's Warranty"). 2.5.2 Design-Builder's warranty to Owner with respect to the performance of the Facility upon completion shall be as specified in GC 2.11 ("Performance Warranty"). 2.5.3 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. WDBC Document No. W-1702-2013 Page A-3 Attachment A—Scope of Work 8/6/20 547 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 2.5.4 All other warranties,express or implied,including any warranty of merchantability and any warranty of fitness for a particular purpose are expressly disclaimed. 2.5.5 Design-Builder shall secure required certificates of inspection,testing or approval and deliver them to Owner. 2.5.6 Design-Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.7 With the assistance of Owner's maintenance personnel, Design-Builder shall direct the checkout of utilities and operations of systems and equipment for readiness,and assist in their commissioning and initial start-up and testing,all in accordance with the Commissioning and Startup Manual to be provided by Design-Builder. 2.5.8 See Attachment G-Special Conditions 1-16 2.6 Limitations of Liability 2.6.1 Limitation of Liability. Design-Builder's liability for Owner's damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty,negligence, strict liability,or otherwise,shall be limited as set forth in General Condition GC 2.11 ("Limitations of Liability")and Article 10 of the Agreement. 2.7 Additional Services Design-Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner's Program or in an attachment to this Agreement. A written agreement between Owner and Design-Builder shall define the extent of such Additional Services and compensation therefor. 2.7.1 Documentation of the Owner's Program, establishing the Project budget(beyond the Cost of the Work), investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Project. 2.7.2 Consultations, negotiations, and documentation supporting the procurement of Project financing. 2.7.3 Surveys, site evaluations, legal descriptions and aerial photographs. 2.7.4 Appraisals of existing equipment, existing properties, new equipment and developed properties. 2.7.5 Soils, subsurface and environmental studies, reports and investigations required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.6 Consultations and representations other than normal assistance in securing building permits,before governmental authorities or others having jurisdiction over the Project. 2.7.7 Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner-provided information. 2.7.8 Artistic renderings, models and mockups of the Project or any part of the Project or the Work. 2.7.9 Inventories of existing furniture,fixtures,furnishings and equipment which might be under consideration for incorporation into the Work. 2.7.10 Interior design and related services including procurement and placement of furniture, furnishings,artwork and decorations. I WDBC Document No. W-1702-2013 Page A-4 Attachment A—Scope of Work 8/6/20 548 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 2.7.11 Making revisions to the Preliminary Design, Design Development, or Construction Documents after they have been reviewed by Owner,and which are due to causes beyond the control of Design-Builder. 2.7.12 Design, coordination, management, expediting and other services supporting the procurement of materials to be obtained,or work to be performed,by Owner,including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the allowances provided for in this Agreement. 2.7.16 Obtaining service contractors and training maintenance personnel,assisting and consulting in the use of systems and equipment after the initial start up, and adjusting and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces or third-party facilities not a part of this Agreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design, construction and start-up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding,legal or otherwise,regarding the Project. 2.7.20 Preparing reproducible record drawings from marked-up prints, drawings or other documents that incorporate significant changes in the Work made during the Construction Phase. 2.8 Subcontractors. Work not performed by Design-Builder with its own forces shall be performed by Subcontractors. The provisions of this Agreement and the associated Contract Documents shall be incorporated into all major subcontracts as defined in "schedule of sub-consultant/minority business enterprise(MBE/WBE)participation. 2.8.1 Retaining Subcontractors Design-Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection,provided that Owner agrees to compensate Design-Builder for any additional costs incurred by Design-Builder as provided in GC 2.7.3. Design-Builder shall not be required to retain any Subcontractor to whom Design-Builder has a reasonable objection. 2.8.2 Management of Subcontractors Design-Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design-Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in GC 11.2 ("Owner's Right to Perform and Terminate for Cause"). Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. 2.9 See Attachment F—Owner's Design-Build Criteria. Phase 2 Scope of Work WDBC Document No. W-1702-2013 Page A-5 Attachment A—Scope of Work 8/6/20 549 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project,including the Owner's Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C,Schedule. 3.1.2 Owner shall provide: 1.All necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, utilities,reports and investigations; 2.Inspection and testing services during construction as required by law or as mutually agreed; and 3. Unless otherwise provided in the Contract Documents, necessary approvals, site plan review,rezoning,easements and assessments,necessary permits,fees and charges required for the construction,use,occupancy or renovation of permanent structures,including legal and other require services. 3.1.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design-Builder under a prior agreement, Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design-Builder to enter upon public and private property as required for Design-Builder to perform Phase 1 services hereunder. 3.2.3 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. Owner shall provide access to Owner's e-builder account for purposes of executing project management and reporting requirements. 33 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C,Schedule,as revised. 33.2 If Owner becomes aware of any error,omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design-Builder within five(5)days of so becoming aware. 3.3.3 Unless otherwise agreed by Design-Builder, Owner shall communicate with Design-Builder's Subcontractors,Suppliers,and Design Consultants only through Design-Builder. Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner may provide insurance for the Project as provided in Attachment E,Indemnity, Insurance Bonding. 33.5 Owner shall provide timely,clear and adequate access to the site and any laydown areas. WDBC Document No. W-1702-2013 Page A-6 Attachment A—Scope of Work 8/6/20 550 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 3.3.6 Owner shall provide all equipment,materials,information,data,and approvals required for Design- Builder's performance of the Work in a timely and complete manner. 3.3.7 Design-Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner's Representative Owner's representative, designated in writing and agreed to by Design-Builder: 1.shall be fully acquainted with the Project; 2.agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work; and 3. have authority to bind Owner in all matters requiring Owner's approval, authorization or written notice. If Owner changes its representative or the representative's authority as listed above, Owner shall notify Design-Builder in advance in writing. Design-Builder shall have the right to approve any successor representative. 3.5 City's Responsibilities 3.5.1 See Attachment G- Special Conditions 15 WDBC Document No. W-1702-2013 Page A-7 Attachment A—Scope of Work 8/6/20 551 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENT B COMPENSATION SECTION 1 PHASE 1 SERVICES—IN ACCORDANCE WITH ATTACHMENT A SCOPE OF WORK 142,051 SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2 Services 1.1 The parties may elect to use the Guaranteed Maximum Price ("GMP") form of compensation for the Phase 2 Services, or a fixed Contract Price, or cost-reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services. If the parties do not use a GMP,then the compensation to Design-Builder shall be a fixed Contract Price developed in accordance with Section 3.0,or shall be based on those fees and costs identified in Section 4.0.) 2.0 Guaranteed Maximum Price INSERT$> 2.1 Use of a GMP Agreed upon Execution of this Agreement 2.1.1 Design-Builder agrees that upon Owner's request it will submit its proposal for the Contract Price on the basis of a Guaranteed Maximum Price for the Phase 2 Services. Design-Builder does not guarantee any specific line item provided as part of the GMP,but agrees that it will be responsible for paying all costs of completing the Work which exceed the GMP,as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. 2.1.2 The GMP will include an allowance within each work package or task order as determined by the Design-Builder and approved by the Owner when a maximum price for the work package or task order has been not been determined at time of GMP. This allowance will be used as the maximum value for the specific line item and all remaining funds within the work package or task order will revert to the Owner after the price is determined through competitive bidding or final pricing by the Design-Builder. If an allowance is not included within the work package or task order line, the agreed upon price is the maximum for that item. Any savings within the fixed price items will be included in the savings sharing formula specified in Section 2.3.1. . 2.1.3 If the parties so agree, the Phase 2 Services may be divided into separate work packages or task orders,and Design-Builder shall propose and Owner shall consider for acceptance a separate GMP for each such work package or task order. WDBC Document No. W-1703-2013 Page Attachment B—Compensation 552 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 2.2 GMP Established at the Commencement Date of Phase 2 2.2.1 GMP Proposal. If requested by Owner,Design-Builder shall submit to Owner a GMP Proposal for the Contract Price as part of the Phase 1 Services which shall include the following, unless the parties mutually agree otherwise: 1. A proposed GMP,which shall be the sum of: i. Design-Builder's Fee as defined in Section 2, Phase 2, of Attachment B, Compensation; ii.the estimated Cost of the Work as defined in Section 2,Phase 2,of Attachment B, Compensation,inclusive of any Design-Builder's allowance as defined in Section 1.1.2 above; and if applicable, any prices established under Section 2, Phase 2, of Attachment B, Compensation. 2. A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; 3. A list of the assumptions, exceptions, and clarifications made by Design-Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; 4. The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Paragraph 5.2.1 of the Agreement, and a schedule upon which the Scheduled Substantial Completion Date is based; 5. If applicable,a list of allowances and a statement of their basis; 6. If applicable,a schedule of alternate prices; 7. If applicable,a schedule of unit prices; 8. If applicable,a statement of Additional Services; and 9. The time limit for acceptance of the GMP Proposal. 10. Schedule of owner-direct purchase equipment for sales tax relief. 2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design- Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any comments regarding the GMP Proposal, or fords any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design-Builder of such comments or findings. If appropriate,Design-Builder shall,upon receipt of Owner's notice,make appropriate adjustments to the GMP Proposal. 2.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may it be amended by Design-Builder,the GMP and its basis shall be set forth in an amendment to this Agreement. 2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: WDBC Document No. W-1703-2013 Page 8-2 Attachment 8—Compensation 8/6/20 553 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 1. Owner may suggest modifications to the GMP Proposal,whereupon,if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.2.3 above; 2. Owner may authorize Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 2,Phase 2,of Attachment B,Compensation,without a GMP, in which care all references in this Agreement to the GMP shall not be applicable; or 3. Owner may terminate this Agreement for convenience in accordance with GC 9.2 Termination for Convenience"). If Owner fails to exercise any of the above options, Design-Builder shall have the right to (i) continue with the Work as if Owner had elected to proceed in accordance with Item.2 above,and be paid by Owner accordingly, unless and until Owner notifies it in writing to stop the Work, or ii) suspend performance of Work in accordance with GC 9.4 ("Design-Builder's Right to Stop Work"). 2.2.5 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract Price for the completion of the Phase 2 Services. 2.3 Savings 2.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design-Builder's Fee(and, if applicable, any prices established under Paragraph 6.2 of the Agreement)is less than the GMP, as such GMP may have been adjusted over the course of the Project,the difference("Savings") shall be shared as follows: Forty percent(40%)to Design-Builder and Sixty percent(60%)to Owner.The Design Builder shared savings shall not exceed Thirty Thousand($30,000.00). 2.3.2 Savings Calculation. Savings shall be calculated and paid as part of Final Payment under Section 7.4 of the Agreement, with the understanding that to the extent Design-Builder incurs costs after Final Completion which would have been payable to Design-Builder as a Cost of the Work,Design- Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.4 Basis. Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this Attachment. 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design-Builder shall develop the proposed Contract Price on an "open book"basis and present it to Owner for review and approval. 3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 4.0 Cost Reimbursable plus Design-Builder's Fee 4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design-Builder's Fee, then the Design-Builder shall develop an estimated Contract Price on an"open book"basis and present it to Owner for review and approval. 4.2 The cost-reimbursable elements of the Work shall be those set forth in Section 4.4 ("Cost of the Work"). 4.3 Design-Builder's Fee shall be: WDBC Document No. W-1703-2013 Page 8-3 Attachment 8—Compensation 8/6/20 554 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR Six percent(6%)of the Cost of the Work,as adjusted in accordance with Section 2.1.2 above. 4.3.1 Design-Builder's Fee will be adjusted as follows for any changes in the Work-Same as 4.3 above. 4.4 Cost of the Work. The term"Cost of the Work"shall mean costs reasonably incurred by Design-Builder in the proper performance of the Work. The Cost of the Work shall include only the following: 1. Wages of direct employees of Design-Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site,provided, however, that the costs for those employees of Design-Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable,those rates set forth in an exhibit to this Agreement. 2. Wages or salaries of Design-Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off-Site to assist in the production or transportation of material and equipment necessary for the Work. 3. Wages or salaries of Design-Builder's personnel stationed at Design-Builder's principal or branch offices and performing design and Project administration functions. However such costs shall be excluded from fee as listed in Section 4.3 above. 4. Costs incurred by Design-Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law,collective bargaining agreements,or which are customarily paid by Design-Builder, to the extent such costs are based on wages and salaries paid to employees of Design-Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 5. The reasonable portion of the cost of travel, accommodations and meals for Design- Builder's personnel necessarily and directly incurred in connection with the performance of the Work. 6. Payments properly made by Design-Builder to Subcontractors and Design Consultants for performance of portions of the Work,including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7. Costs incurred by Design-Builder in repairing or correcting defective, damaged or nonconforming Work,provided that such defective,damaged or nonconforming Work was beyond the reasonable control of Design-Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design-Builder or those working by or through Design-Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design-Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8. Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 9. Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design- Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining,dismantling and removing such items. 10. Costs of removal of debris and waste from the Site. WDBC Document No. W-1703-2013 Page B-4 Attachment B—Compensation 8/6/20 555 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 11. The reasonable costs and expenses incurred in establishing,operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 12. Rental charges and the costs of transportation,installation,minor repairs and replacements, dismantling and removal of temporary facilities,machinery,equipment and hand tools not customarily owned by the workers, which are provided by Design-Builder at the Site, whether rented from Design-Builder or others, and incurred in the performance of the Work. 13. Premiums for insurance and bonds required by this Agreement or the performance of the Work,however such costs shall be excluded from fee as listed in Section 4.3 above. 14. All fuel and utility costs incurred in the performance of the Work. 15. Sales,use or similar taxes,tariffs or duties incurred in the performance of the Work. 16. Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder's performance of the Work,provided such costs do not arise from disputes between Owner and Design-Builder. 17. Costs for permits,royalties,licenses,tests and inspections incurred by Design-Builder as a requirement of the Contract Documents. 18. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design-Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 19. Deposits which are lost, except to the extent caused by Design-Builder's negligence. 20. Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 21. Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.5 Non-Reimbursable Costs The following shall be excluded from the Cost of the Work: 1. Compensation for Design-Builder's personnel stationed at Design-Builder's principal or branch offices,except as provided for in Paragraphs 4.4.1,4.4.2 and 4.4.3, hereof. 2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which may be recoverable for changes to the Work. 3. The cost of Design-Builder's capital used in the performance of the Work. 4.6 Contract Price The Contract Price shall be the sum of the Design-Builder's Fee under Section 4.3 plus the amount agreed between Owner and Design-Builder for the Cost of the Work under Section 4.4. When agreed,the Contract Price is stated to be: Dollars($ 4.7 Establishment of Guaranteed Maximum Price see Attachment G- Special Conditions 17. WDBC Document No. W-1703-2013 Page B-5 Attachment B—Compensation 8/6/20 556 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENT C SCHEDULE SECTION 1 PHASE 1 1.0 The following Phase 1 Schedule will be adhered to following Notice to Proceed: 1.1 Delivery of 60% Preliminary Design Documents:60 days 1.2 Delivery of 90% Preliminary Design Documents and draft GMP:90 days 1.3 Delivery of Final Preliminary Design Documents: 120 days . SECTION 1 PHASE 2 1.0 Phase 2 Schedule will be included with the GMP deliverable package. WDBC Document No. W-1704-2013 Page C-1 Attachment C—Schedule 8/6/20 I 557 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENT D GENERAL CONDITIONS GC 1.0 General 1.1 Mutual Obligations 1.1.1 Owner and Design-Builder agree to cooperate fully with each other at all time,to permit each party to realize the benefits afforded under the Contract Documents. 1.1.2 These General Conditions("GC")may be supplemented,varied,or revised through Supplementary Conditions("SC"),as attached. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design-Builder with respect to the Project 1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement. 1.2.3 Change in Law has the meaning given in GC 8.1.2. 1.2.4 Changed Condition has the meaning given in GC 8.1. 1.2.5 Change Order has the meaning given in GC 7.1. 1.2.6 Construction Warranty has the meaning given in GC 2.9. 1.2.7 Construction Warranty Period is that period specified in GC 2.10.1. 1.2.8 Contract Documents has the meaning given in Section 2.1 of the Agreement. 1.2.9 Contract Price has the meaning given in Section 6.2 of the Agreement and Section 2,Phase 2, of Attachment B, Compensation. 1.2.10 Contract Time(s) shall mean the times for performance of the Work by Design-Builder and the delivery of items and approvals by Owner set forth in Article 5("Contract Time")of the Agreement and Attachment C, Schedule. 1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.12 Design Build Fee shall mean the percentage as set forth in Attachment B 4.3 of this contract. 1.2.13 Design Consultant, if any, is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder or Subcontractor, to furnish design services required under the Contract Documents. WDBC Document No. W-1705-2013 Page D-1 Attachment D—General Conditions 8/6/20 558 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope, quality, and function of the proposed facility, and which may be expanded to outline Owner's project cost limitations and schedule requirements. 1.2.15 Differing Site Conditions has the meaning given in GC 4.2.1. 1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of the Agreement. 1.2.17 Electronic Data has the meaning given in GC 11.1.1. 1.2.18 Extended Performance Warranty is Design-Builder's warranty under GC 2.11.2 that the completed Facility shall be capable of meeting the Performance Standards in Attachment F throughout the Performance Warranty Period. 1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope and contract documents. 1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as described in Attachment H Phase 1 Design Development. 1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to GC 5.8. 1.2.22 General Conditions refer to this Attachment D, General Conditions. 1.2.23 Hazardous Conditions are any materials, wastes, substances and chemicals deemed hazardous under applicable Legal Requirements, or which handling, storage, remediation, or disposal applicable Legal Requirements regulate. 1.2.24 Hazardous Materials has the meaning given in Section 2.3 of Attachment A, Scope of Work. 1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the Agreement. 1.2.26 Legal Requirements are all federal,state and local laws,codes,ordinances,rules,regulations,orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site,the practices involved in the Project or Site,or any Work which are applicable as of the date of Design-Builder's proposal to Owner,and,subject to the Change in Law provisions of GC 8 1.2, which become applicable during the Contract Time. 1.2.27 Liquidated Damages means such damages as may be assessed under Section 5.4 of the Agreement. 1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement. 1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance Manual and such other manuals as the parties may agree to be provided. 1.2.30 Open Book Pricing-The method in which the design-build firm provides the Owner,at the Owner's request, all books, records, documents, contracts, subcontracts,purchase orders, and other data in its possession pertaining to the bidding, pricing, or performance of a contract for design-build services awarded to the design-build firm with the exception of proprietary information. WDBC Document No. W-1705-2013 Page D-2 Attachment D—General Conditions 8/6/20 559 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project, including Owner's Project Criteria,all materials,equipment and other items to be provided by Owner,and all items to be provided by third parties. 1.2.32 Owner's Project Criteria are developed by or for Owner to describe Owner's Program requirements and objectives for the Project,including use,space,price,time,site and expandability requirements, as well as submittal requirements and other requirements governing Design-Builder's performance of the Work.Owner's Project Criteria may include conceptual documents,Design Criteria,Facility Performance Criteria, performance test, wage rate requirements, MBE/WBE requirements, and other Project-specific technical materials and requirements. 1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon Owner's behalf with respect to Design-Builder and the performance of this Agreement, in accordance with GC 3.4, and identified by Owner in writing within ten(10) days of execution of this Agreement. 1.2.34 Performance Warranty has the meaning given in GC 2.11. 1.2.35 Project is the design and construction of the Owner's Facility, including start-up, testing and the provision of manuals, warranties, as-built drawings and specifications, spare parts, and all other items required to be provided under this Agreement. 1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract Time(s)set forth in Attachment C,Schedule, as revised from time to time. 1.2.37 Site is the land or premises on which the Project is located, including any separate laydown or storage areas. 1.2.38 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.39 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.40 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design-Builder pursuant to GC 5.7.1. 1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances beyond the control of Design-Builder and due to no fault of its own or those for whom Design- Builder is responsible. By way of example (and not limitation), Uncontrollable Circumstances include acts or omissions of Owner or anyone under Owner's control (including separate contractors),changes in the Work,Differing Site Conditions,Hazardous Conditions,wars, floods, labor disputes,unusual delay in transportation,epidemics,earthquakes,adverse weather conditions not reasonably anticipated, and other circumstances beyond the reasonable control of the party affected. WDBC Document No. W-1705-2013 Page D-3 Attachment D General Conditions 8/6/20 560 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 1.2.43 Work is comprised of all Design-Builder's design, construction, start-up, testing, warranty, and other services required to by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents, plus manuals and documentation required by the Contract Documents. GC 2.0 Design-Builder's Services and Responsibilities 2.1 General Services 2.1.1 Design-Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder's Representative may be replaced only with the mutual agreement of Owner and Design-Builder. 2.1.2 Design-Builder shall provide Owner on a monthly basis a status report detailing the progress of the Work, including whether(i)the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, (iv) other items require resolution so as not to jeopardize Design-Builder's ability to complete the Work for the Contract Price and within the Contract Time(s),and(v)such other items as Owner may reasonably require. 2.1.3 Design-Builder shall prepare and submit, at least three(3)days prior to the meeting contemplated by GC 2.1.4,a preliminary schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s).When agreed between the parties,such schedule shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s),as such,dates may be adjusted in accordance with the Contract Documents.Owner's review of and response to the Schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means,methods,sequences and techniques for executing the Work. 2.1.4 The parties will meet, within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals,review and approval turn-around times contained in the Schedule,and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.1.5 At the completion of Phase 1 Services,the parties may agree upon a revised Schedule to reflect the intended scope of Phase 2 Services and as the basis for the Contract Price to be agreed for the Phase 2 services. 2.2 Design Professional Services 2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from a qualified, independent licensed Design Consultant, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, WDBC Document No. W-1705-2013 Page D-4 Attachment D—General Conditions 8/6/20 I 561 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents.Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any independent Design Consultant.Design and permitted plans for the Central Seacrest Corridor Drainage Improvements and Watermain Replacement Contract 2 are provided and are to be utilized along with the project performance criteria, for development of a GMP. Construction engineering and inspection associated with the construction of this portion on the projects will be required. 23 Standard of Care for Design Professional Services 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project.Design-Builder,its Design Consultants,and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project Criteria. 2.4 Design Development Services 2.4.1 Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Such agreement may specify the percentage completion of the design documents to be submitted for such review and comment. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design- Builder and provided to all attendees for review.Following the design review meeting,Owner shall review and comment on the interim design submissions in a time frame that is consistent with the turnaround times set forth in the Schedule. 2.4.2 Design-Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions; as such, submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and may comment on the Construction Documents in accordance with the procedures set forth GC 2.4.1. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions and the Construction Documents is for mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design-Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. WDBC Document No. W-1705-2013 Page D-5 Attachment D—General Conditions 8/6/20 562 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 2.5 Legal Requirements 2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s)shall be adjusted to compensate Design-Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design- Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits 2.6.1 Except as identified in Attachment F,Owner's Permit List,Design-Builder shall obtain and pay for all necessary permits,approvals,licenses,government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. 2.6.2 Design-Builder shall provide reasonable assistance to Owner in obtaining those permits,approvals and licenses that are Owner's responsibility. 2.7 Design-Builder's Phase 2 Construction Services 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision,labor,inspection,testing,start-up,material,equipment,machinery,temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite skill and exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design- Builder's selection of any Subcontractor,provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design-Builder's cost and/or time of performance. 2.7.4 Design-Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts, errors or omissions in connection with such performance.Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub-Subcontractor,including but not limited to any third- party beneficiary rights. 2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. 2.7.6 If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of WDBC Document No. W-1705-2013 Page D-6 Attachment D—General Conditions 8/6/20 563 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. Unreasonable disruption or interference by Owner's separate contractors may result in a request for a Contract Adjustment under GC 8.1.3. 2.7.7 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. 2.7.8 Upon Substantial Completion of the Work,or a portion of the Work,Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. 2.8 Design-Builder's Responsibility for Project Safety 2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i)all individuals at the Site,whether working or visiting, (ii)the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design-Builder shall,prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work, and shall develop a Project Safety Program, which shall be implemented at the Project Site during the performance of the Work. Unless otherwise required by the Contract Documents, Design-Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project other than safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety,as well as any Owner-specific safety requirements set forth in the Contract Documents and incorporated into the Project Safety Program,provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury,loss,damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasigovernment authorities having jurisdiction over safety-related matters involving the Project or the Work. 2.8.3 Design-Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for(i)complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury,losses,damages or accidents resulting from their performance of the Work. 2.8.4 Owner shall require that its officers,employees,guests,visitors,and other contractors entering the Project Site comply with the Project Safety Program then in effect. WDBC Document No. W-1705-2013 Page D-7 Attachment D—General Conditions 8/6/20 564 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 2.9 Construction Warranty 2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder's warranty obligation excludes defects caused by abuse,alterations,or failure to maintain the Work by persons other than Design-Builder or anyone for whose acts Design-Builder may be liable. 2.9.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design- Builder will provide Owner with all manufacturers'warranties upon Substantial Completion. 2.10 Correction of Defective Work 2.10.1 Construction Warranty Period. Design-Builder agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to GC2.9, within a period of one(1)year from the date of Substantial Completion of the Work or any portion of the Work,or within such longer period to the extent required by the Contract Documents. 2.10.2 Correction of Non-Conforming Work. Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents,take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Owner may, in addition to any other remedies provided under the Contract Documents provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction.If the nonconforming Work creates an emergency requiring an immediate response,the seven(7)day periods identified herein shall be deemed inapplicable. 2.10.3 The one(1) year period referenced in GC 2.1 0.1 applies only to Design-Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder's other obligations under the Contract Documents. GC 3.0 Owner's Services and Responsibilities 3.1 Duty to Cooperate 3.1.1 Owner shall,throughout the performance of the Work,cooperate with Design-Builder and perform its responsibilities,obligations and services in a timely manner to facilitate Design-Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design-Builder's performance of its obligations under the Contract Documents. 3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction Documents consistent with the turn-around times set forth in the Schedule. Owner's review does WDBC Document No. W-1705-2013 Page D-8 Attachment D—General Conditions 8/6/20 565 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR not constitute acceptance of design errors or omissions, nor transfer design liability to Owner for the same. 3.2 Furnishing of Services and Information 3.2.1 Unless expressly stated to the contrary in the Contract Documents,Owner shall provide,at its own cost and expense, for Design-Builder's information and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 1.Surveys describing the property boundaries, topography and reference points for use during construction,including existing service and utility lines. 2.Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. 3.Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project,access to the Site and any off-site storage or lay-down areas,and to enable Design-Builder to perform the Work. 4.A legal description of the Site. 5.To the extent available,as-built and record drawings of any existing structures and utilities at the Site; and 6.To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreement with adjacent land or property owners that are necessary to enable Design-Builder to perform the Work.Owner is further responsible for all costs,including attorneys'fees,incurred in securing these necessary agreements. 3.3 Financial Information 3.3.1 Design-Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. 3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents. 3.3.3 Design-Builder shall not be required as a condition of award or contract to waive or subordinate its mechanic's lien rights,if any,to Owner's construction lender(s). 3.4 Owner's Representative 3.4.1 Owner's Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors,omissions or defects in the performance of the Work. WDBC Document No. W-1705-2013 Page D-9 Attachment D-General Conditions 8/6/20 566 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager, separately from Owner's Representative,then Owner shall designate such third party in writing to Design-Builder, together with a statement of the respective roles, responsibility, and authority of each such party with respect to the administration of the contract,the approval of drawings and specifications,the issuance of instructions and change orders, the resolution of disputes, and the relative priority of the authority of such parties. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits,approvals,licenses,government charges and inspection fees set forth in the Owner's Permit List attached as part of Attachment F, 3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits,approvals and licenses that are Design-Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under separate agreements with Owner. Owner shall contractually require its separate contractors to cooperate with,and coordinate their activities so as not to interfere with,Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents. 3.6.2 Owner recognizes the importance that all work performed on the Project or at the Site by separate contractors under separate agreements with Owner is performed in a safe manner so as to prevent damage, injury or loss to(i) all individuals at the Site,whether working or visiting, (ii)the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and iii)all other property at the Site or adjacent thereto.Owner shall require such separate contractors to assume responsibility for implementing and monitoring all safety precautions and programs related to the performance of their work. GC 4.0 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design- Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi-government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to i)ascertain whether Hazardous Conditions have actually been encountered,and,if they have been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been WDBC Document No. W-1705-2013 Page D-10 Attachment D-General Conditions 8/6/20 567 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site. 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions, to an equitable adjustment in its Contract Price and/or Contract Time(s)to the extent Design-Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall defend, indemnity and hold harmless Design Builder,Design Consultants, Subcontractors and Subcontractors,and the agents,officers,directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurred in connection with litigation or arbitration,arising out of or relating to the performance of the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract,or strict liability of the indemnitee. 4.1.6 Notwithstanding the preceding provisions of this GC 4.1,Owner is not responsible for Hazardous Conditions introduced to the Site by Design-Builder,Design Consultants,Subcontractors or anyone for whose acts they may be liable. Design-Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages,liabilities and expenses,including attorneys'fees and expenses,arising out of or resulting from those Hazardous Conditions introduced to the Site by the parties identified in the first sentence of this GC 4.1.6. 4.1.7 The terms of this GC 4.1 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 4.2 Differing Site Conditions 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that(i)materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, or(iii) differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as "Differing Site Conditions."If Design- Builder encounters a Differing Site Condition, Design-Builder will be entitled to an equitable adjustment in the Contract Price and/or Contract Time(s)to the extent Design-Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site condition,Design-Builder shall provide prompt written notice to Owner of such condition,which notice shall not be later than seven(7)days after such condition has been encountered.Design-Builder shall,to the extent reasonably possible,provide such notice before the Differing Site Condition has been substantially disturbed or altered. 5.0 Payment 5.1 Payment for Phase 1 Services 5.1.1 Design-Builder will submit an Application for Payment to Owner each month covering Phase 1 services performed to date. Each Application for Payment will be prepared in the standard form agreed to by the parties and supported by required documentation. WDBC Document No. W-1705-2013 Page D-11 Attachment D—General Conditions 8/6/20 568 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 5.2 Schedule of Values for Phase 2 Services 5.2.1 Within ten(10)days of the Commencement Date,Design-Builder shall submit for Owner's review and approval a schedule of values for Phase 2 of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work and(iii) serve as the basis for monthly progress payments made to Design-Builder throughout the Work. 5.3 Monthly Progress Payments 5.3.1 On or before the date established in the Agreement,Design-Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by GC 2.1.4. 5.3.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project,provided that(i)Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location,(ii)the equipment and materials are protected by suitable insurance and(iii)upon payment,Owner will receive the equipment and materials free and clear of all liens and encumbrances. 5.3.3 The Application for Payment shall constitute Design-Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project,or upon Design-Builder's receipt of payment,whichever occurs earlier. 5.4 Withholding of Payments; Payment of Undisputed Amounts 5.4.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts properly due, including the release of retention under Section 7.3.1 of the Agreement. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment, it will notify Design-Builder in writing at least five(5) days prior to the date payment is due.The notice shall indicate the specific amounts Owner intends to withhold,the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Owner's concerns. Design-Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents,including those under GC 8.0. 5.4.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design- Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 5.5 Right to Stop Work and Interest 5.5.1 If Owner fails to pay Design-Builder any amount that becomes due,Design-Builder,in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to GC 9.4. All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of the Agreement. WDBC Document No. W-1705-2013 Page D-12 Attachment D—General Conditions 8/6/20 569 p PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 5.6 Design-Builder's Payment Obligations 5.6.1 Design-Builder will pay any Subcontractors and Design Consultants,in accordance with applicable law and its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they have contracted. 5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design- Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible,to pay for any services,materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work.Within ten(10)days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and charge Design-Builder with any costs and expenses incurred,including attorneys'fees. 5.7 Substantial Completion 5.7.1 Design-Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner's receipt of Design-Builder's notice, Owner and Design-Builder will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents.If such Work is substantially complete,Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii)the remaining items of Work that have to be completed before final payment, iii)provisions(to the extent not already provided in the Contract Documents)establishing Owner's and Design-Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and(iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 5.7.2 Upon Substantial Completion of the entire Work or,if applicable,any portion of the Work,Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 5.7.3 Owner,at its option,may use a portion to the Work which has been determined to be substantially complete,provided that(i)a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in GC 5.7.1, (ii)Design-Builder and Owner have obtained the consent of their sureties and insurers, and(iii) Owner and Design-Builder, agree that Owner's use or occupancy will not interfere with Design-Builder's completion of the remaining Work. 5.7.4 Upon Substantial Completion, Design-Builder shall conduct performance testing of the Facility using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set forth in Attachment H,Phase 1 Design Development,have been satisfied and that the Performance Guarantees have been met. I WDBC Document No. W-1705-2013 Page D-13 Attachment D—General Conditions 8/6/20 570 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 5.8 Final Payment 5.8.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement,provided that Design-Builder has completed all of the Work in conformance with the Contract Documents. 5.8.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide the following information: 1.An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services,material,equipment,taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; 2.A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of fmal payment; 3.Consent of Design-Builder's surety, if any,to final payment; 4.A certificate demonstrating that performance testing is complete and that the Performance Guarantees set forth in Attachment F, Owner's Project Criteria, have been met; 5.All operating manuals, warranties and other deliverables required by the Contract Documents; and 6.Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 5.8.3 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii)Design-Builder's failure to complete the Work consistent with the Contract Documents,including defects appearing after Substantial Completion,(iii)the terms of any special warranties required by the Contract Documents, and(iv) claims which are identified as unsettled at the time of making final payment. 5.8.4 Final payment by Owner shall constitute Final Acceptance of the Project for all purposes hereunder, subject to Design-Builder's remaining warranty obligations and any remaining indemnity obligations hereunder. 5.8.5 Acceptance of fmal payment by the Design-Builder, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. GC 6.0 Time 6.1 Obligation to Achieve the Contract Times 6.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s)in accordance with Article 5.0 of the Agreement. 6.2 Delays to the Work 6.2.1 If Design-Builder is delayed in the performance of the Work due to Uncontrollable Circumstances, the Contract Time(s) for performance shall be reasonably extended by Change Order, and the Schedule adjusted accordingly. WDBC Document No. W-1705-2013 Page D-14 Attachment D—General Conditions 8/6/20 571 mow PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 6.2.2 In addition to Design-Builder's right to a time extension for delays in the Work under GC 6.2.1, Design-Builder shall also be entitled to an equitable adjustment of the Contract Price and equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement. 6.3 Work Hours 6.3.1 Work shall be conducted during normal working hours (7:00 AM to 5:00 PM) on weekdays. Unless otherwise authorized in writing by the Project Manager,no work shall be performed on weekends,on City observed holidays or between 5:00 PM and 7:00 AM on weekdays. 6.3.2 Construction Observation and/or inspection services needed beyond normal working hours as defined above, shall be paid for by the Design-Builder at an hourly rate of $100.00 for each inspector providing such service. 7.0 Changes to the Contract Price and Time 7.1 Change Orders 7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design-Builder, stating their agreement upon all of the following: 1.The scope of the change in the Work; 2.The amount of the adjustment to the Contract Price; and 3.The extent of the adjustment to the Contract Time(s)and Schedule. 7.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 7.1.3 If Owner requests a proposal for a change in the Work from Design-Builder and subsequently elects not to proceed with the change,a Change Order shall be issued to reimburse Design-Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 7.2 Work Change Directives 7.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 7.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 7.2.3 If Owner has requested a proposal for a change in the Work from Design-Builder, Owner shall notify Design-Builder as expeditiously as possible whether such proposal is accepted. Design- Builder shall not commence changed work until a written Work Change Directive or Change Order has been delivered by Owner. The parties recognize that delay in response to such proposals may increase the impact or cost of the Change. WDBC Document No. W-1705-2013 Page D-15 Attachment D-General Conditions 8/6/20 572 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 7.3 Minor Changes in the Work 7.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design-Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design-Builder. 7.4 Contract Price Adjustments 7.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 1.Unit prices set forth in the Agreement or as subsequently agreed between the parties(which may include daily or monthly overhead rates for the extension of services); 2.A mutually accepted lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 3.Costs, fees and any other markups set forth in the Agreement; and 4.If an increase or decrease cannot be agreed to as set forth in items 1 through 3 above and 7.4.2 Owner issues a Work Change Directive,the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result of both additions and deletions to the Work is an increase or a decrease in the Contract Price, overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract Price. Design-Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 7.4.4 If Owner and Design Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work,Owner and Design-Builder shall resolve the disagreement pursuant to GC 8.0.As part of the negotiation process,Design-Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner's interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design-Builder(i) directing Design- Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed.If this occurs Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design-Builder does not prejudice Design- WDBC Document No. W-1705-2013 Page D-16 Attachment D—General Conditions 8/6/20 573 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 7.5 Emergencies 7.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s)on account of emergency work shall be determined as provided in this GC 7.0. GC 8.0 Contract Adjustments and Disputes 8.1 Requests for Contract Adjustments and Relief 8.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any Changed Condition arising out of or related to the Work or Project,such party shall provide written notice to the other party of the basis for its claim for relief. 8.1.2 A Changed Condition may include a Change in Law following the date of Design-Builder's proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the Performance Criteria,or other aspects of Design-Builder's performance hereunder. 8.1.3 Changed Conditions may include Uncontrollable Circumstances having an impact on Design- Builder's cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design- Builder's performance hereunder. 8.1.4 Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions. In the absence of any specific notice requirement,written notice shall be given within a reasonable time,not to exceed twenty-one(21)days,after the occurrence-giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition-giving rise to the request,whichever is later. 8.1.5 Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief and,if then available,the specific contractual adjustment or relief requested and the basis of such request. 8.2 Dispute Avoidance and Resolution 8.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design-Builder and Owner each agree to resolve such disputes or disagreements in an amicable,professional and expeditious manner so as to avoid unnecessary losses,delays and disruptions to the Work. 8.2.2 Design-Builder and Owner will first attempt to resolve disputes or disagreements at the Project level through discussions between Design-Builder's Representative and Owner's Representative. 8.2.3 If a dispute or disagreement cannot be resolved through Design-Builder's Representative and Owner's Representative, upon the request of either party, then the matter shall be referred to the Senior Representatives of each party for resolution. Design-Builder's Senior Representative and WDBC Document No. W-1705-2013 Page D-17 Attachment D—General Conditions 8/6/20 574 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR Owner's Senior Representative shall meet as soon as conveniently possible,but in no case later than thirty(30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.2.4 If,after meeting,the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, then the parties shall submit the dispute or disagreement to non-binding mediation.The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in GC 8.2, shall be decided by court of competent jurisdiction. 8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be responsible for its own legal costs,including attorneys'fees. 8.2 Duty to Continue Performance 8.3.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design-Builder, pending the final resolution of any dispute or disagreement between Design-Builder and Owner GC 9.0 Suspension and Termination 9.1 Owner's Right to Stop Work 9.1.1 Owner may, without cause and for its convenience, order Design-Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty(60)consecutive days or aggregate more than ninety(90)days during the duration of the Project. 9.1.2 Design-Builder is entitled to an equitable adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of work by Owner. 9.2 Termination for Convenience 9.2.1 Upon ten(10)days'written notice to Design-Builder,Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: 1.All Work executed and for proven loss,cost or expense in connection with such Work; 2.The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and 3.The fair and reasonable sums for overhead and profit on the sum of items 1 and 2 above. WDBC Document No. W-1705-2013 Page D-18 Attachment D—General Conditions 8/6/20 575 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 9.2.2 If Owner terminates this Agreement pursuant to GC 9.2.1 and proceeds to design and construct the Project through its employees,agents or third parties,Owner's rights to use the Work product shall be as set forth in Section 4.3 ("Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's Election to Terminate"). 9.3 Owner's Right to Perform and Terminate for Cause 9.3.1 If Design-Builder persistently falls to(i)provide a sufficient number of skilled workers,(ii)supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner,in addition to any other rights and remedies provided in the Contract Documents or by Law, shall have the rights set forth in GC 9.3.2,9.3.3,and 9.3.4. 9.3.2 Upon the occurrence of an event set forth in GC 9.3 1,Owner may provide written notice to Design- Builder that it intends to terminate the Agreement unless the problem cited is cured,or commenced to be cured, within seven (7) days of Design-Builder's receipt of such notice. If Design-Builder fails to cure,or reasonably commence to cure,such problem,then Owner may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder,within such second seven(7)day period,fails to cure,or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration. 9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the premises and take possession,for the purpose of completing the Work,of all materials,equipment, scaffolds,tools,appliances and other items thereon,which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor,services,materials,equipment and other items. 9.3.4 In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents.At such time,if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design-Builder will only be entitled to be paid for Work performed prior to its default.If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price,then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work,but also losses,damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the re-procurement and defense of claims arising from Design-Builder's default, subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement. 9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of GC 9.2. WDBC Document No. W-1705-2013 Page D-19 Attachment D—General Conditions 8/6/20 576 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 9.4 Design-Builder's Right to Stop Work 9.4.1 Design-Builder may, in addition to any other rights afforded under the Contract Documents or at law,stop work for the following reason: Owner's failure to pay amounts properly due under Design-Builder's Application for Payment. 9.4.2 Should an event set forth in GC 9.4.1 occur, Design-Builder may provide Owner with written notice that Design-Builder will stop work unless such event is cured within seven (7) days from Owner's receipt of Design-Builder's notice.If Owner does not cure the problem within such seven 7)day period,Design-Builder may stop work.In such case,Design-Builder may make a claim for adjustment to the Contract Price and Contract Time(s)to the extent it has been adversely impacted by such stoppage. 9.5 Design-Builder's Right to Terminate for Cause 9.5.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law,may terminate the Agreement for cause for the following reasons: 1.The Work has been stopped for sixty(60)consecutive days,or more than ninety(90)days during the duration of the Project, because of a court order, any government authority having jurisdiction over the Work,or orders by Owner under GC 9.1.1,provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible; or 2.Owner's failure to provide Design-Builder with any information,permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty(60)consecutive days, or more than ninety(90)days during the duration of the Project, even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to GC 9.1.1; or 3.Owner's failure to cure the problems set forth in GC 9.4.1 after Design-Builder has stopped the Work. 9.5.2 Upon the occurrence of an event set forth in GC 9.5.1,Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured,within seven(7)days of Owner's receipt of such notice.If Owner fails to cure, or reasonably commence to cure, such problem. Then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem,then Design-Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under GC 9.2. 9.6 Bankruptcy of Owner or Design-Builder 9.6.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents.Accordingly, should such event occur: WDBC Document No. W-1705-2013 Page D-20 Attachment D—General Conditions 8/6/20 577 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 1.The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non- Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten(10)days after receiving notice of the request; and 2.The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations,the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement,declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this GC 9.0. 9.6.2 The rights and remedies under GC 9.6.1 shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions. GC 10.0 Miscellaneous 10.1 Assignment 10.1.1 Neither Design-Builder nor Owner shall without the written consent of the other, assign, and transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 10.2 Successorship 10.2.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties,their employees,agents,heirs, successors and assigns. 103 Governing Law 10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project,without giving effect to its conflict of law principles. 10.4 Severability 10.4.1 It any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 10.5 No Waiver 10.5.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall WDBC Document No. W-1705-2013 Page D-21 Attachment D—General Conditions 8/6/20 578 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 10.6 Headings 10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 10.7 Notice 10.7.1 Whenever the Contract Documents require that notice be provided to the other party,notice will be deemed to have been validly given(i) if delivered in person to the individual intended to receive such notice,(ii)four(4)days after being sent by registered or certified mail,postage prepaid to the address indicated in the Agreement,(iii)if transmitted by facsimile,by the time stated in a machine- generated confirmation that notice was received at the number of the intended recipient, or(iv) if transmitted by e-mail to the individual to whom such notice is required to be given, by the time stated in a machine-generated confirmation that notice was received at the e-mail address of the intended recipient. 10.8 Amendments 10.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 10.9 Third Parties 10.9.1 The services to be performed by Design-Builder are intended solely for the benefit of the Owner. No person or entity not a signatory to this Agreement shall be entitled to rely on the Design- Builder's performance of its services hereunder, and no right to assert a claim against the Design- Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Design-Builder's services hereunder. GC 11.0 Electronic Data 11.1 Electronic Data 11.1.1 The parties recognize that Contract Documents, including drawings, specifications and three- dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner,Design-Builder and others in electronic media as an alternative to paper hard copies(collectively"Electronic Data"). 4 11.2 Transmission of Electronic Data 11.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display,interpret and/or generate the Electronic Data. 11.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. WDBC Document No. W-1705-2013 Page D-22 Attachment D—General Conditions 8/6/20 579 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated,transmitted,generated or interpreted. 11.2.3 By transmitting Work Product in electronic form,the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4.0 of the Agreement ("Ownership of Work Product"). Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 11.3 Electronic Data Protocol 11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and,in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree,to the following protocols,terms and conditions set forth in this GC 11.3. 11.3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file conventions and document properties,unless prior arrangements are made in advance in writing. 11.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data,which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 11.3.4 The transmitting party specifically disclaims all warranties,expressed or implied including,but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data by electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data,unless such data is materially changed or altered after it is transmitted to the receiving party,and the transmitting party did not participate in such change or alteration. WDBC Document No. W-1705-2013 Page D-23 Attachment D—General Conditions 8/6/20 580 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENT E INDEMNITY,INSURANCE&BONDING 1.0 Indemnity 1.1 To the fullest extent permitted by law,Design-Builder shall defend,indemnify and hold Owner,its officers and employees from liability, damages, losses and costs including but not limited to reasonable attorney's fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of Design-Builder or persons employed or utilized by Design-Builder in the performance of the Work. Design-Builder shall not be required to defend, indemnify or hold harmless Owner for any acts, omissions or negligence of Owner, Owner's employees, agents or separate contractors. 1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in the areas where Work will be performed under this Agreement,to agree to indemnify and defend Design-Builder,Subcontractors or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable and hold them harmless from all claims for bodily injury and property damage, other than property insured under Section 5.0, that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to Design-Builder. 13 If an employee of Design-Builder,Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them,or anyone for whose acts any of them may be liable has a claim against Owner,its officers,directors,employees,or agents,then Design-Builder's indemnity obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of damages, compensation, or benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts,including workers'compensation or disability acts. 2.0 Design-Builder's Insurance See Attachment G—Special Conditions 18 2.1 Excess Liability Insurance above the required Commercial General,Commercial Automobile,and Employer's Liability insurance to result in overall liability coverage in the amount of$4,000,000 annual aggregate limit. 2.2 For Contractor's Pollution Liability Errors and Omissions Insurance see Attachment G— Special Conditions 18 23 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work. 2.4 Products and Completed Operations insurance shall be maintained for a minimum period of at least two year(s) after either ninety (90) days following the date of Substantial Completion or fmal payment,whichever is earlier. 2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of underlying and excess or umbrella coverage. 2.6 Subcontractors. Design-Builder shall require that all Subcontractors working on the Project secure and maintain the same insurance coverages required for Design-Builder for workers' compensation insurance,employer's liability insurance,commercial automotive liability insurance and commercial general liability insurance and other fmancial sureties required by applicable law WDBC Document No. W-1706-2013 Page E-1 Attachment E—Indemnity, Insurance&Bonding 8/6/20 581 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR in connection with their presence and the performance of their duties pursuant to this Agreement; provided that Owner may approve lower limits for specific subcontractors pursuant to a request submitted by Design-Builder to Owner prior to any work being performed by the subcontractor. Design-Builder shall require that all subcontractors performing engineering services and all subcontractors performing work with potential pollution liability risk secure and maintain Professional Liability or Pollution Liability insurance coverage, respectively, with such coverage limits commensurate with the scope of the subcontract work performed. Owner, Design-Builder and all other parties required of Design-Builder shall be named as additional insured on subcontractor's required commercial general liability insurance policy. Alternatively, Design- Builder may obtain and maintain said policies and sureties on the subcontractor's behalf. 3.0 Professional Liability Insurance-See Attachment G-Special Conditions 19 4.0 Owner's Liability Insurance 4.1 Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner's discretion. 4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work, then Owner shall require that such separate contractors waive any insurers' rights of subrogation against the Design-Builder and its Subcontractors,Design Consultants,and their officers,directors, and employees. 5.0 Insurance to Protect Project- See Attachment G-Special Conditions 20 5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design- Builder and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of Design-Builder to such early occupancy or use shall not be unreasonably withheld. 5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of Owner, Design-Builder, Subcontractors and Sub-subcontractors shall be protected under this coverage. 5.3 Upon Substantial Completion and during any period of startup, testing, commissioning, or initial operation of the Project,Owner shall obtain and maintain insurance with respect thereto consistent with that insurance which Owner obtains and maintains with respect to any damage or loss to its permanent plant during commercial operation. Design-Builder, Subcontractors and Sub- subcontractors shall be named as additional insured on such insurance, and Owner hereby waives any rights of subrogation with respect thereto. 6.0 Property Insurance Loss Adjustment 6.1 Any insured loss shall be adjusted with Owner and Design-Builder and made payable to Owner and Design-Builder as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement,in accordance with a mediation agreement,or,if not resolved through mediation,then by an arbitration award pursuant to arbitration. If the trustees are unable WDBC Document No. W-1706-2013 Page E-2 Attachment E-Indemnity, Insurance&Bonding 8/6/20 582 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution by mediation or arbitration. 7.0 Waiver of Subrogation 7.1 Owner and Design-Builder waive all rights against each other, and any of their respective employees,agents,consultants,subcontractors and sub-subcontractors for damages caused by risks covered by insurance provided in Section 5.0 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Design- BuilderBuilder as trustees. Design-Builder shall require similar waivers from all Subcontractors,and shall require each of them to include similar waivers in their sub-subcontracts and consulting agreements. 7.2 Owner waives subrogation against Design-Builder, Subcontractors and Sub-subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 7.3 If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation,the owners of such policies will cause them to be so endorsed. 8.0 Bonding- See Attachment G-Special Conditions 21 WDBC Document No. W-1706-2013 Page E-3 Attachment E—Indemnity, Insurance&Bonding 8/6/20 583 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENT F Scope of Work SECTION 1 1.0 Owners Design-Build Criteria 1.1 The Owner's Design-Build Criteria entitled; Generator Replacement at the East Water Treatment Plant(Task Order No.UT-2A-02), Design Criteria Package, Final Version, as prepared by JACOBS, October 2019, is hereby incorporated by reference for purposes of establishing project scope and minimum prescriptive and performance requirements contained therein. 1.2 Phase 2 2.0 Scope of Work 2.1 Phase 1 —Scope of work shall be,as a minimum,deliverables enumerated in para.5(b)(i), Design Phase and includes associated project planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria 2.2 Phase 2 Scope of work shall be, as a minimum, deliverables enumerated in para. 5(b)(ii), Design Phase and includes associated project planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria WDBC Document No. W-1708-2013 Page F-1 Attachment F—Owner's Permit List 8/6/20 584 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR ATTACHMENT G SPECIAL CONDITIONS 1. The DESIGNBUILD FIRM shall follow the City procurement policies for all large items in excess of$100,000. 2. The DESIGNBUILD FIRM may elect to use its own forces for portions of the Work to be performed. However, DESIGNBUILD FIRM will be limited to 50%of the on-site construction Work if such the decision to self-perform is made. 3. The CITY encourages the utilization of local businesses within the CITY of Boynton Beach city limits therefore DESIGNBUILD FIRM shall make every effort to engage local contractors to enhance the local economy. 4. As part of such preparation, the DESIGNBUILD FIRM shall review the specifications and drawings. Ambiguities, conflicts or lack of clarity in language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the DESIGNBUILD FIRM shall be brought to the attention of the Project Manager and Permitting agency(ies)in written form and simultaneously corrected. 5. Quality Control: The DESIGNBUILD FIRM shall develop and maintain a program acceptable to the CITY, to assure quality control of the construction. The DESIGNBUILD FIRM shall supervise the work of all subcontractors providing insurance to each when their work does not conform to the requirements of the plans and specifications and it shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the DESIGNBUILD FIRM over acceptability of work and conformance with the requirements of the specifications and plans, the CITY shall be the final judge of performance and acceptability. 6. Subcontracting Interfacing: The DESIGNBUILD FIRM shall be the sole point of interface with all subcontractors for the CITY and all of its agents and representatives. It shall negotiate all change orders, field orders, and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the CITY of their validity and reasonableness,acting in the CITY's best interest prior to requesting approval of each change order from the CITY. Before any work is begun on any change order, a written authorization and approval from the CITY must be issued. However, when health and safety are threatened, the DESIGNBUILD FIRM shall act immediately to remove the threat. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The DESIGNBUILD FIRM shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested by the subcontractors and shall maintain said suspense control system to promote timely response. The Project Manager must be informed when the timely response is not occurring on any of the above. 7. Permits: The DESIGNBUILD FIRM shall secure all necessary permits,the cost of which will be considered a direct cost item. 8. Job Site Requirements:The DESIGNBUILD FIRM shall provide for each of the following activities as a part of its Construction Phase fee: 1WDBC Document No. W-1708-2013 Page G-1 Attachment G—Special Conditions 8/6/20 585 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR a. Provide a safety program for the project to meet CITY and OSHA requirements. Monitor for subcontractor compliance without relieving them of the responsibilities to perform work in accordance with the best acceptable practice. b. Maintain a log of daily activities, including manpower records, weather, delays, major decisions,etc. C. Maintain a roster of companies on the project with name and telephone numbers of key personnel. d. Establish and enforce job rule governing parking, clean-up, use of facilities and worker discipline. e. Provide labor relations management for a harmonious,productive project. f. Provide a quality control program as per Section 3.2(F)herein. g. Miscellaneous office supplies that support the construction efforts which are consumed by its own forces. h. Travel to and from its home office to the project site as the project requires shall be reimbursed thru the GMP. The DESIGNBUILD FIRM shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Agency(ies) inspectors. 9. Job Site Job Site Administration: The DESIGNBUILD FIRM shall provide as part of its job site fee,job site administration functions during construction to assure proper documentation,including but not limited to such things as follows: Job Meetings —Hold weekly progress meetings and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing approvals and return of shop drawings, samples,etc.Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's work. Review and implement revisions to the Schedule. Monitor and promote safety requirements. In addition, regular project status meetings will be held between the CITY and the DESIGNBUILD FIRM either biweekly or monthly, whichever is designated by the Project Manager. 2WDBC Document No. W-1708-2013 Page G-2 Attachment G—Special Conditions 8/6/20 586 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR The Job site meetings should be utilized as a tool for pre-planning of work,enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible to follow up on any problems, delay items or questions and record course of action/solution. Revisit each pending item at each subsequent meeting until resolution is achieved.Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. Shop Drawing Submittals/Approvals: Provide staff to check shop drawings and closely monitor their submittal and approval process. Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries; critically important checking and follow-up procedures on supplier commitments of all subcontractors. Payments to Subcontractors: Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. All financial documents and records shall be maintained pursuant to reasonable accounting practices designed to afford the CITY the ability to have the documents audited with the minimum of cost and disruption. Document Interpretation: Refer all questions for interpretation of the technical documents to the CITY for direction. Reports and Project Site Documents: Record the progress of the project. Submit written progress reports to the CITY including information on the subcontractor's work, and the percentage of completion. Keep a daily log available to the CITY and the Permitting Agency(ies) inspectors for reviewing and copying. Subcontractor's Progress: Prepare periodic punch lists for subcontractor's work including unsatisfactory or incomplete items and schedules for their completion. Substantial Completion: Substantial completion shall be established by way of the following steps: a. DESIGNBUILD FIRM shall notify the CITY that the project is ready for Substantial Completion inspections. b. The CITY shall conduct such inspections. c. Inspections shall be completed by the CITY's Representative. d. The CITY shall consolidate a punch list(CITY's punch list) e. The DESIGNBUILD FIRM shall issue a Certificate of Substantial Completion for acceptance by the CITY's with punch list attached. Start-up: With the CITY's personnel, direct the checkout of utilities, operations, training, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors. Final Completion: Monitor the Subcontractor's performance on the completion of the project and provide notice to the CITY that the Work is ready for Final Inspection. Secure and transmit to the CITY all required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and maintenance manuals including the Final Completion Form. 3WDBC Document No. W-1708-2013 Page G-3 Attachment G—Special Conditions 8/6/20 587 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR Record Drawings: The DESIGNBUILD FIRM shall monitor the progress of their own forces or their subcontractors on marked up field prints and at project completion will prepare the final record drawings. 10. Administrative Records: The DESIGNBUILD FIRM will maintain on the Job Site all project files and records. The project records shall be available at all times to the CITY for reference,review or copying. 11. CITY Occupancy: The DESIGNBUILD FIRM shall provide services during the design and construction phases and will provide a coordinated CITY occupancy of the project. It shall provide consultation and project management to facilitate CITY occupancy and provide transitional services to get the work,as completed by the subcontractors;"on-line"in such conditions as will satisfy CITY operational requirements. a. It shall conduct the preliminary punch list inspection and coordinate the completion of the punch list work to be done with the CITY occupancy in mind. b. It shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the CITY in such a manner as to promote their usability. It shall provide operational training in equipment use for building operators. c. It shall secure required guarantees and warranties, assemble and deliver same to the CITY in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. d. It shall continuously review"Record"Drawings"and mark up progress prints to provide as much accuracy as possible. The CITY may not occupy or take control of the Project until the above items discussed in this paragraph have been completed and the "Substantial Completion", and "Warranty" requirements specified in paragraphs 3.2J. (8) "Substantial Completion", 3.2J (10) "Final Completion", and 3.2J (M) "Warranty"have been completed to the City's satisfaction excluding the requirements for a warranty inspection. Nothing in this provision shall preclude the CITY from taking partial occupancy if necessary. 12. WARRANTY: Where any work is performed by the DESIGNBUILD FIRM's own personnel or by subcontractors under Contract with the Design/Build Firm, the DESIGNBUILD FIRM shall warrant that all materials and equipment included in such work will be new except where indicated otherwise in the Contract documents, and that such work will be new and of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same work, the DESIGNBUILD FIRM further agrees to correct all work found by the CITY to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of two (2) years from the Date of Final Completion or for such longer period of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The DESIGNBUILD FIRM shall collect and deliver to the CITY any specific written warranties given by others as required by the Contract Documents. The DESIGNBUILD FIRM shall warrant to the CITY that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens, claims 4WDBC Document No. W-1708-2013 Page G-4 Attachment G—Special Conditions 8/6/20 588 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR or encumbrances against the equipment and materials. DESIGNBUILD FIRM is required to submit form provided by the CITY, herein attached as part of"Appendix C" herein, named Warranty of Title" to certify this claim. 13. Code Inspections: All projects require detailed code compliance inspections during construction in certain disciplines. These disciplines normally include, but are not necessarily limited to structural, mechanical, electrical, plumbing, and general building. All inspections shall be made for conformance with the applicable building codes, compliance with drawings and specifications. The DESIGNBUILD FIRM is ultimately responsible for all code compliance. Cost for all re-inspections of work found defective and subsequently repaired shall be borne by the DESIGNBUILD FIRM. 14. Subcontractors: Proposals: Subject to Section 3.9.2 "Cost of Work" and in accordance with Section 3.2D "Solicitation of Bids," the DESIGNBUILD FIRM shall request and receive proposals from subcontractors and suppliers and will award those contracts to the responsive qualified low bidder after it has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work. Required Subcontractor's Qualifications and Subcontractors Conditions: a. Subcontractor Relations: The DESIGNBUILD FIRM shall require each subcontractor to the extent of the work to be performed by the subcontractor to be bound to the DESIGNBUILD FIRM by the terms of the Contract Documents, and to assume toward the DESIGNBUILD FIRM all the obligations and responsibilities which the DESIGNBUILD FIRM by these Documents,assumes toward the City. The DESIGNBUILD FIRM shall not employ any subcontractor, whether initially or as a substitute against whom the CITY has reasonable objection. The DESIGNBUILD FIRM shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section 3.5, and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. Each subcontractor shall similarly make copies of such Documents available to its subcontractors. b. Subcontract Requirements: The DESIGNBUILD FIRM shall be responsible for pre- qualifying subcontractors. Pre-qualification shall include but not limited to evaluation of previous experience staffing resources, financial conditions and overall ability to perform the work. Workforce: The DESIGNBUILD FIRM shall evaluate subcontractor's percentage of the project construction work to be performed utilizing its own employees. Subcontractor Experience: The subcontractor must demonstrate related experience of similar size and complexity as determined by the DESIGNBUILD FIRM. Supervision: The subcontractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, 5WDBC Document No. W-1708-2013 Page G-5 Attachment G—Special Conditions 8/6/20 589 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR mechanical, plumbing, electrical and roofmg) included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two (2)years within the last five years. The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule the work. c. All Subcontractors shall provide: LIMITATION OF REMEDY—NO DAMAGES FOR DELAY OR DISRUPTION The subcontractor's exclusive remedy for delays or disruptions,except for active interference by the CITY in the performance of the contract caused by events beyond its control,including CITY delays claimed to be caused by the CITY or attributable to the CITY and including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the Work,the subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes. Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays or disruptions and changes in the Work, and thus eliminate any other remedies for claim for increase in the contract price, damages, losses, or additional compensation. Each subcontract shall require that any claims by subcontractor for delay or additional cost must be submitted to the DESIGNBUILD FIRM within seven (7) calendar days in the format in which the DESIGNBUILD FIRM must submit such claims to the CITY. Failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. Any such claim must include a time impact analysis as a justification for any equitable time or price adjustment, and a subcontractor's refusal to provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim in any future litigation. The DESIGNBUILD FIRM shall also: 1. Observe work of each subcontractor to monitor compliance with schedule. 2. Verify that labor and equipment are adequate for the work and the schedule. 3. Verify that the product procurement schedules are adequate. 4. Verify that product deliveries are adequate to maintain schedule. 5. Report non-compliance with recommendation for changes to the CITY. Responsibilities for Acts and Omission: The DESIGNBUILD FIRM shall be responsible to the CITY for the acts and omission of its employees and agents and its subcontractors, their agents and employees, and other persons performing any of the work of supplying materials under a contract to the DESIGNBUILD FIRM. Subcontracts to be Provided: Upon request,the DESIGNBUILD FIRM shall include a copy of each signed subcontract, including the general supplementary conditions,in the project manual. 6WDBC Document No. W-1708-2013 Page G-6 Attachment G—Special Conditions 8/6/20 590 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 15. City's Responsibilities:CITY's Information: The CITY shall provide information that it possesses regarding the requirements for the project. Site Survey and Reports: The CITY shall provide any available surveys describing the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal description relating to this Project.The CITY does not warrant the completeness or the current accuracy of any reports and DESIGNBUILD FIRM is entitled to rely on said reports in the performance of its work for this Project unless DESIGNBUILD FIRM knows or reasonably should have known such surveys or reports are inaccurate. Approvals and Easements: The CITY shall pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Legal Services: The CITY shall furnish such legal services as may be necessary for obtaining any approvals or easements and such auditing services as the CITY deem necessary. Drawings and Specifications: The CITY will attempt to review and act upon the DESIGNBUILD FIRM's drawings and Specifications in ten(10) calendar days to avoid delaying the progress of the Project. 16. Tests&Inspections: DESIGNBUILD FIRM shall give CITY notice of readiness of the Work for all required inspections, tests and approvals. DESIGNBUILD FIRM shall assume full responsibility, pay all costs and furnish CITY the required certificates of inspection, testing and approval for all materials, equipment or the Work or any part unless other specified. Neither CITY, nor other inspectors shall have authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, the giving of any gratuity or the granting of any favor by the DESIGNBUILD FIRM to any inspectors,directly or indirectly is strictly prohibited and punishable to the full extent of the law,and any such action on the part of the DESIGNBUILD FIRM will constitute a termination of the resultant Contract. Miscellaneous- Apprentices: If the DESIGNBUILD FIRM employs apprentices on the project; the behavior of the DESIGNBUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security.The DESIGNBUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 17. Establishment of Guaranteed Maximum Price: GMP Established After Execution of this Contract GMP Proposal: Upon completion of Phase I (Preliminary Design Documents), DESIGNBUILD FIRM shall submit a GMP Proposal to the CITY which shall include the following,unless mutually agreed to otherwise by the parties: 7WDBC Document No. W-1708-2013 Page G-7 Attachment G—Special Conditions 8/6/20 591 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR A proposed GMP,which shall be the sum of: 1. Lump Sum Amount for Phase I of the Project(Preliminary Design Documents) 2. Cost of Work for Phase II of the Project 3. Construction Allowance for Phase II 4. DESIGNBUILD FIRM's Lump Sum General Conditions Amount for Phase II 5. DESIGNBUILD FIRM's Lump Sum Insurance for Phase II 6. DESIGNBUILD FIRM's Bonds for Phase II 7. DESIGNBUILD FIRM's Fee for Phase H A list of the drawings and specifications,including all addenda used as the basis for the GMP Proposal; A list of all the assumptions and clarifications made by the DESIGNBUILD FIRM in the preparation of the GMP Proposal,which list is intended to supplement the information contained in the drawings and specifications; The Guaranteed Completion Date — Substantial and Final Completion - (GCD) upon which the proposed GMP is based,to the extent said date has not already been established and a schedule upon which the GCD is based; A list of allowances and statement of their basis; A statement of additional services; and The time limit for acceptance for the GMP Proposal. All Lump Sum amounts set forth above shall be paid in accordance with a schedule of values on a percent completed basis and shall NOT be subject to audit rights. 18. Insurance:During the performance of the services under this Contract,DESIGNBUILD FIRM shall maintain the following insurance policies, and provide Certificates of Insurance written by an insurance company authorized to do business in the state of Florida in accordance with Section 3.13.2.1 of the Special Conditions to include: d. Worker's Compensation Insurance: The DESIGNBUILD FIRM shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- Contractor 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. e. Comprehensive General Liability:The DESIGNBUILD FIRM 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 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. DESIGNBUILD FIRM shall maintain a minimum coverage of$1,000,000 per occurrence and 2,000,000 general aggregate for personal injury and for property damage. The general liability 8WDBC Document No. W-1708-2013 Page G-8 Attachment G—Special Conditions 8/6/20 592 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 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. f. Business Automobile Liability: The DESIGNBUILD FIRM shall procure and maintain, for the life of this Contract,Business Automobile Liability Insurance.The DESIGNBUILD FIRM shall maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the DESIGNBUILD FIRM from claims of 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 including rented automobiles,whether such operations be by the DESIGNBUILD FIRM or by anyone directly or indirectly employed by the DESIGNBUILD FIRM. g. Professional Liability(Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence. h. Umbrella Liability: The DESIGNBUILD FIRM shall procure and maintain, for the life of this contract, Umbrella Liability Insurance, over and above the previously noted liability insurance policies.The DESIGNBUILD FIRM shall maintain a minimum amount at$4,000,000 It shall be the responsibility of the DESIGNBUILD FIRM to ensure that all sub-contractors comply with the same insurance requirements referenced above. In the judgment of the CITY,prevailing conditions may warrant additional liability insurance coverage or coverage which is different in kind from the original insurance submitted by the DESIGNBUILD FIRM. The CITY reserves the right to require the provision by the DESIGNBUILD FIRM 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 DESIGNBUILD FIRM 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 DESIGNBUILD FIRM,said termination taking effect on the date that the required change in policy coverage would otherwise be effective. DESIGNBUILD FIRM shall, for a period of two (2) years following the termination of the Agreement,maintain a"tail coverage"in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only. The CONTRACTOR agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected with a retroactive date,including at least the last policy year. Any exceptions to the insurance requirements in this section must be approved in writing by the CITY's Risk Management. Contractors Pollution Liability: Contractor's Pollution Liability:The DESIGNBUILD FIRM shall maintain during the term of this Contract, Contractor's Pollution Liability in the amount of 1,000,000 Per Loss/$2,000,000 Annual Aggregate. Coverage will be required for any Environmental/Pollution related services including but not limited to testing, design, consulting, analysis, or other consulting work, whether self-performed or subcontracted. Additionally, such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible 9WDBC Document No. W-1708-2013 Page G-9 Attachment G—Special Conditions 8/6/20 593 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR property that has not been physically injured or destroyed;defense including costs,charges and expenses incurred in the investigation,adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations of the DESIGNBUILD FIRM including transportation. CITY shall be named as additional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included. 19. Professional Liability(Errors and Omissions): The DESIGNBUILD FIRM shall maintain during the term of this Contract, Professional Liability Insurance in the minimum amount of$1,000,000 per occurrence. Coverage will be broad to include Errors and Omissions specific to DESIGNBUILD FIRM's Professional Liability for direct and contingent design-errors and Architect's/Engineer's Professional Liability with no exclusions for Design-Build work. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three(3)year reporting option beyond the Annual expiration date of the policy. 20. Builder's Risk: During the course of the Contract,the DESIGNBUILD FIRM shall be responsible to maintain Builder's Risk Insurance coverage with the limit being equal to 100%of the completed value Replacement Value) of the Project; including contractor's labor, materials and equipment used for completion of the Work. The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The deductible for flood, wind, and hail cannot exceed 5%of the insured value. No deductible greater than$50,000 shall be permitted for all other perils.The DESIGNBUILD FIRM is responsible for payment of deductibles for all losses except for those losses as a direct result of Force Majeure. The CITY and the DESIGNBUILD FIRM shall be the certificate holder and Additional Named Insured. The DESIGNBUILD FIRM entity(i.e. Joint Venture, Partnership, etc.) must be a named insured on all required insurance coverages. The CITY shall be named as additional insured under the Commercial General Liability Policy, the Umbrella Policy,and the Contractor's Pollution Coverage. Depending upon the nature of any aspect of this Project and its accompanying exposures and liabilities, the CITY may, at its sole option, require additional insurance coverages in amounts responsive to those liabilities which may or may not require that the CITY also be named as additional insured. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter's rights and subrogation in favor of the CITY of Boynton Beach. Such insurance shall be written by an insurer with an A.M.Best Rating of A-VII X or better.Prior to commencing any work on the Project, Certificates of Insurance approved by the CITY's Risk Management Department evidencing the maintenance of said insurance shall be furnished to the CITY. The insurance policies shall be endorsed to provide that no material alteration or cancellation, 10WDBC Document No. W-1708-2013 Page G-10 Attachment G—Special Conditions 8/6/20 594 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR including expiration and non-renewal shall be effective until thirty(30) days after receipt of written notice to the CITY.Anything to the contrary,notwithstanding liabilities of the DESIGNBUILD FIRM under this Contract shall survive and not be terminated,reduced or otherwise limited by any expiration or termination of insurance coverages.Neither approval nor failure to disapprove insurance furnished by the DESIGNBUILD FIRM shall relieve the DESIGNBUILD FIRM from responsibility to provide insurance as required by the Contract. 21. Bonds: In accordance with the provisions of Florida Statutes §255.05, the DESIGNBUILD FIRM shall provide to the CITY,on forms furnished by the CITY, a 100%Performance and a 100% Payment Bond,each in the amount less than the Guaranteed Maximum Price, being less the Design and Engineering Fees. No qualifications, modifications or riders to the bond forms are permitted. The Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as a condition precedent to the CITY's issuance of a Notice to Proceed. The performance bond shall be conditioned that the DESIGNBUILD FIRM performs the Contract in the time and manner prescribed in the Agreement. The payment bond shall be conditioned that the DESIGNBUILD FIRM makes payments to all persons who supply the DESIGNBUILD FIRM with labor, materials and supplies used directly and indirectly by the DESIGNBUILD FIRM in the performance of the Work provided for in resultant Contract, and any change orders shall provide that the surety shall pay the amount not exceeding the sum provided in the bonds, together with interest at the maximum rate allowed by law and that the DESIGNBUILD FIRM and surety shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the performance of this Contract which the CITY may be required to make by law. To be acceptable to the CITY as Surety for Performance Bonds and Payment bonds, a Surety company shall comply with the following provisions outlined in the General Conditions herein. The Surety company shall not expose itself to any loss on any one risk in an amount exceeding ten 10)percent of its surplus to policyholders,provided: i. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization, or approval by the State of Florida, Department of Insurance to conduct business in the state has been met. j. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety,the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. The performance and payment bonds shall continue in effect for one(1)year after the final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the fmal sum of those bonds reduced after fmal payment to an amount equal to twenty five percent 25%) of the agreed GMP, less design and engineering fees, or an additional bond shall be conditioned that DESIGNBUILD FIRM shall correct any deficiencies or faulty Work or material which appears within one (1)year after fmal completion of the Agreement,upon notification of the CITY. 11 WDBC Document No. W-1708-2013 Page G-11 Attachment G—Special Conditions 8/6/20 595 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR 22. Harmony:DESIGNBUILD FIRM is advised and agrees that it will exert every reasonable and diligent effort to assure that all labor employed by DESIGNBUILD FIRM and its Subcontractors for work on the Project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the Site of the Project. DESIGNBUILD FIRM further agrees that this provision will be included in all subcontracts of the subcontractors as well as the DESIGNBUILD FIRM's own contract; provided however, that this provision shall not be interpreted or enforced so as to deny a bridge on account of membership or non-membership in any labor union or labor organization,the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 23. Apprentices: If the DESIGNBUILD FIRM employs apprentices on the project; the behavior of the DESIGNBUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGNBUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 24. Confidentiality and Public Records Law:Any information disclosed by one party("Disclosing Party") to the other party("Recipient")in connection with this Contract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential the "Confidential Information") will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in connection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each party may disclose Confidential Information relating to the Work to providers of goods and services such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i)is already known to Recipient at the time of disclosure; (ii)is or become publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or (iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other's Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that the CITY is a municipal corporation that is subject to Florida Statutes§ 119, and related statutes known as the "Public Records Laws." If a request is made to view such Confidential Information, CITY will notify DESIGNBUILD FIRM of such request and the date that such records will be released to the requester unless DESIGNBUILD FIRM obtains a court order enjoining such disclosure. If the DESIGNBUILD FIRM fails to obtain that court order enjoining disclosure, CITY will release the requested information on the date specified. Such release shall be deemed to be made with the DESIGNBUILD FIRM's consent and will not be deemed to be a violation of law, including but not limited to laws concerning trade secrets, copyright or other intellectual property. In the event the DESIGNBUILD FIRM breaches this Contract, then the DESIGNBUILD 12WDBC Document No. W-1708-2013 Page G-12 Attachment G—Special Conditions 8/6/20 596 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR FIRM hereby grants CITY a limited license to use the Confidential Information in any reasonable way in order to mitigate CITY's damages. 25. Severability: Should any provision of this Contract be deemed or determined to be unenforceable by a court of competent jurisdiction, the remaining contract provisions shall remain in full force and effect.Verification of Employment Status: The CITY shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act("INA").The CITY shall consider the employment by the DESIGNBUILD FIRM of authorized immigrants, a violation of Section 274A(e)of the NA.The DESIGNBUILD FIRM agrees that such violation shall be grounds for the unilateral cancellation of the Contract by the CITY. 26. Payment of Overtime: Any Overtime required for the DESIGNBUILD FIRM to complete the Work within the Contract Time shall be at the sole cost and expense of the DESIGNBUILD FIRM. If CITY requires the DESIGNBUILD FIRM to perform Overtime Work in order to complete the Work prior to the Guaranteed Completion Date,the DESIGNBUILD FIRM shall invoice the CITY for the Overtime such that only the actual costs incurred by the DESIGNBUILD FIRM relating to the payment of Overtime premiums, in accordance with the labor policies and applicable laws. Such actual costs include Overtime wage premium, and additional taxes and insurance directly associated with the Overtime wage premium. The DESIGNBUILD FIRM agrees that it will not charge for personnel paid a salary, or other form of compensation such that the DESIGNBUILD FIRM incurs no direct costs as a result of the Overtime. The DESIGNBUILD FIRM shall total the direct Overtime charges, and add the agreed upon overhead rate,but in no case shall such overhead rate exceed ten-percent(10%)of the total Overtime costs. Overtime may only be charged to CITY if the DESIGNBUILD FIRM was directed in writing by the CITY to incur the Overtime. Such authorization for Overtime shall be accompanied by a Change Order 1. Scheduling of Overtime: The CITY and the DESIGNBUILD FIRM shall establish and agree upon an overall project baseline schedule that shows all work scheduled in excess of forty(40)hours per week,and work scheduled on Saturdays, Sundays and Holidays("Scheduled Overtime").Whenever the DESIGNBUILD FIRM has Work scheduled beyond the hours per day, days per week, or the Saturdays, Sundays or Holidays shown on the baseline schedule("Unscheduled Overtime"),then the DESIGNBUILD FIRM shall arrange in advance for CITY or the CITY's representative to inspect the Work performed during Unscheduled Overtime. The DESIGNBUILD FIRM shall not perform Overtime Work, scheduled or unscheduled without the CITY or the CITY's representative at the Work Location or available to perform the inspection,as directed by the CITY.The DESIGNBUILD FIRM shall reimburse for any additional costs associated with the CITY or the CITY's representative's Overtime pay related to Unscheduled Overtime. 2. Force Majeure: No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of God or other event to the extent that: (a)the non-performing party is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and(c) such default of delay could not have been reasonably circumvented by the non-performing party through the use of alternative sources,work-around plans or other means. Such causes include but are not limited to:act of civil or military authority(including but not limited to courts and administrative agencies); acts of God; war, terrorist attacks; riot; 13WDBC Document No. W-1708-2013 Page G-13 Attachment G-Special Conditions 8/6/20 597 PROGRESSIVE DESIGNBUILD AGREEMENT FOR EAST WATER TREATMENT PLANT REPLACEMENT GENERATOR insurrection; inability of CITY to secure approval, validation, or sale of bonds; inability of CITY or DESIGNBUILD FIRM to obtain any required permits, licenses or zoning, blockades; embargoes; sabotage; epidemics; fires;hurricanes;tornados; floods,or strikes. In the event of any delay resulting from such causes,the time for performance of each of the parties hereunder (including the payment of monies if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or non-performance resulting from such causes, the party affected shall promptly notify the other in writing of the nature,cause, date of commencement and the anticipated impact of such delay or non- performance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be thereby affected. 3. Interruptions: In situations whereby DESIGNBUILD FIRM deems it necessary to interrupt operations,only a twenty-four(24)hour downtime is permissible. I I 14WDBC Document No. W-1708-2013 Page G-14 Attachment G—Special Conditions 8/6/20 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 City of Boynton Beach Agenda Item Request Form 8.A 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. 08/20/2024 Meeting Date: 08/20/2024 Proposed Ordinance No. 24-014- 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 a portion of an approximately .60 acre parcel of real property located at 500 northeast 21st avenue, Boynton Beach, Florida, by changing the future land use classification from medium density residential (MEDR) to local retail commercial (LRC); 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. 24-015- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .60 acre parcel of real property located at 500 northeast 21st Avenue, Boynton Beach, Florida, from multi-family residential (R3) to neighborhood commercial (C2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-014 and Ordinance No. 24-015, on Second Reading. Explanation of Request: The Veterans of Foreign Wars (VFW) Post 5335 has been operational at its current location since 1985. Situated on a 0.60-acre lot, the site features a single-story building erected in the same year, spanning approximately 3,067 square feet. Since its inception, VFW Post 5335 has served as both a restaurant and meeting hall for its members and local veteran families. The property exhibits a unique zoning and land use scenario: the eastern half is classified as Local Retail Commercial (LRC), while the western half is classified as Medium Density Residential (MEDR). Currently, the entire property is zoned as Multi-family Residential (R3), which does not correspond with the Future Land Use (FLU) of the eastern portion and does not support the existing use. This split in Future Land Use (FLU) classifications may have originated from past area-wide Future Land Use Map (FLUM) amendments, rezonings, or property subdivisions. 677 The property is under contract with a new business that proposes a change in the building's use to operate a takeout restaurant with an accessory catering component. To facilitate this change, the applicant seeks a modification of the land use classification to categorize the entire parcel as LRC. Additionally, the applicant requests a rezoning of the property to Neighborhood Commercial (C2), a zoning designation consistent with the LRC land use classification. These amendments to the FLUM and rezoning are not linked to any physical alterations to the site. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Ord._24-014 VFW_Boynton_Future_Land_Use_Map_Amendment_Ordinance.docx Ord. 24-015 VFW_Boynton_Rezoning_Ordinance.docx Staff Report.pdf Exhibit A - Location Map Exhibit B - Existing Future Land Use Exhibit C - Proposed Future Land Use Exhibit D - Existing Zoning Exhibit E - Proposed Zoning Exhibit F - Justification Statement Exhibit G - Survey.pdf Business_Impact_Estimate.pdf 678 7.29.24 (SRW) Page 1 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0141 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR A PORTION OF AN APPROXIMATELY .60 ACRE6 PARCEL OF REAL PROPERTY LOCATED AT 500 NORTHEAST 21ST 7 AVENUE, BOYNTON BEACH, FLORIDA, BY CHANGING THE FUTURE 8 LAND USE CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL 9 (MEDR) TO LOCAL RETAIL COMMERCIAL (LRC); DECLARING THE 10 PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE 11 CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE 12 PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 13 PROVIDING FOR AN EFFECTIVE DATE.14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 16 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 17 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 18 and19 WHEREAS, Veterans of Foreign Wars, Inc. Boynton Lantana Post 5335, has requested an 20 amendment to the Future Land Use Map classification of a parcel of land located at 500 Northeast 21 21st Avenue, Boynton Beach, FL, more particularly described in Exhibit “A,” from Medium Density 22 Residential (MEDR) to Local Retail Commercial (LRC); and,23 WHEREAS,the permitted uses within the Future Land Use Map category are compatible 24 with the surrounding and existing land uses; and,25 WHEREAS, the property owner has also applied to rezone the property from the Multi-26 Family Residential (R3) to Neighborhood Commercial (C2); and,27 679 7.29.24 (SRW) Page 2 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the procedure for amendment of a Future Land Use Element of a 28 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and29 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 30 Local Planning Agency and City Commission finds that the Future Land Use Map amendment is 31 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 32 Statutes; and,33 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 34 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 35 and36 WHEREAS, after careful review of the application, staff has determined that the proposed 37 amendment complies with the City’s Comprehensive Plan and consistent with Section 163.3184, 38 Florida Statutes; and39 WHEREAS,the City Commission has reviewed the City staff's report, incorporated herein, 40 which contains data and analysis supporting the Future Land Use Map amendment; and41 WHEREAS, the City Commission finds that the proposed Future Land Use Map42 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 43 and finds it in the best interest of the public to amend the Future Land Use Element of the 44 Comprehensive Plan as hereinafter provided.45 680 7.29.24 (SRW) Page 3 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 46 BOYNTON BEACH, FLORIDA:47 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 48 correct and are hereby made a specific part of this Ordinance upon adoption hereof.49 Section 2:Decision. Ordinance No. 89-38 of the City is hereby amended to 50 reflect the following: The City’s Future Land Use Map is hereby amended from Medium Density 51 Residential (MEDR) to Local Retail Commercial (LRC) for a ± .60-acre parcel generally located at 52 500 Northeast 21st Avenue, Boynton Beach, FL, as depicted in Exhibit “B.”53 Section 3:Amendment to Future Land Use Map. The Director of Planning and 54 Zoning is further authorized to make the necessary changes as required to the Future Land Use 55 Map to reflect the above stated change.56 Section 4:Authorization to Transmit. The City Manager or designee is hereby 57 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 58 provisions of the Community Planning Act, if required.59 Section 5:Severability. The provisions of this Ordinance are declared to be 60 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 61 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 62 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 63 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.64 681 7.29.24 (SRW) Page 4 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 6:Conflicts.All Ordinances, parts of Ordinances, Resolutions, or parts of 65 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.66 Section 7:Effective Date.This Ordinance shall take effect immediately upon 67 adoption.68 69 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)70 682 7.29.24 (SRW) Page 5 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2024.71 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2024.72 CITY OF BOYNTON BEACH, FLORIDA73 YES NO74 75 Mayor – Ty Penserga __________76 77 Vice Mayor – Aimee Kelley __________78 79 Commissioner – Woodrow L. Hay __________80 81 Commissioner –Angela Cruz __________82 83 Commissioner – Thomas Turkin __________84 85 VOTE ______86 ATTEST:87 88 _____________________________89 Maylee DeJesús, MMC Ty Penserga90 City Clerk Mayor91 92 APPROVED AS TO FORM:93 (Corporate Seal)94 95 96 Shawna G. Lamb97 City Attorney98 683 7.29.24 (SRW) Page 6 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description Address:500 Northeast 21st Avenue, Boynton Beach, FL PCN:08-43-45-15-03-000-0303 Legal Description:The East 184’ of the West 483’ of Lot 30, Sam Brown Jrs. Hypoluxo Subdivision, Boynton Beach, Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida. 684 7.29.24 (SRW) Page 7 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use 685 7.29.24 (SRW) Page 1 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0151 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 4 REZONE AN APPROXIMATELY .60 ACRE PARCEL OF REAL PROPERTY 5 LOCATED AT 500 NORTHEAST 21ST AVENUE, BOYNTON BEACH, 6 FLORIDA, FROM MULTI-FAMILY RESIDENTIAL (R3) TO 7 NEIGHBORHOOD COMMERCIAL (C2); DECLARING THE PROPOSED 8 AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN 9 OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 10 PROVIDING FOR AN EFFECTIVE DATE.11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 13 No. 02-013, establishing an official zoning map of the City; and14 WHEREAS, Veterans of Foreign Wars, Inc. Boynton Lantana Post 5335, has requested to 15 rezone the parcel of land located at 500 Northeast 21 st Avenue, Boynton Beach, FL (the 16 “Property”), more particularly described in Exhibit “A,” from Multi-Family Residential (R3) to 17 Neighborhood Commercial (C2); and,18 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 19 advertised hearing received testimony and evidence related to the application and found that the20 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 21 Florida Statutes; and,22 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 23 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 24 and25 686 7.29.24 (SRW) Page 2 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after careful review of the application, staff has determined that the proposed 26 rezoning is consistent with an amendment to the Future Land Use Map, which was 27 contemporaneously considered and approved by the City Commisison, complies with the City’s 28 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and29 WHEREAS,the City Commission has reviewed the City staff's report, incorporated herein, 30 which contains data and analysis supporting the rezoning; and31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 32 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 33 Regulations, and the City Commission deems it to be in the best interest of the public to amend 34 the City’s Zoning Map as further set forth herein.35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA:37 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 38 correct and are hereby made a specific part of this Ordinance upon adoption hereof.39 Section 2:Decision. The Property described in Exhibit A is hereby rezoned from 40 Multi-Family Residential (R3) to Neighborhood Commercial (C2), and the City’s Official Zoning 41 Map shall be amended accordingly.42 687 7.29.24 (SRW) Page 3 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3:Amendment to Zoning Map. The Director of Planning and Zoning is 43 further authorized to make the necessary changes as required to the City’s Official Zoning Map to 44 reflect the above stated changes.45 Section 4:Authorization to Transmit. The City Manager or designee is hereby 46 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 47 provisions of the Community Planning Act, if required.48 Section 5:Severability. The provisions of this Ordinance are declared to be 49 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 50 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 51 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 52 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.53 Section 6:Conflicts.All Ordinances, parts of Ordinances, Resolutions, or parts of 54 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.55 Section 7:Effective Date.This Ordinance shall take effect immediately upon 56 adoption.57 58 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)59 688 7.29.24 (SRW) Page 4 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2024.60 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2024.61 CITY OF BOYNTON BEACH, FLORIDA62 YES NO63 64 Mayor – Ty Penserga __________65 66 Vice Mayor – Aimee Kelley __________67 68 Commissioner – Woodrow L. Hay __________69 70 Commissioner –Angela Cruz __________71 72 Commissioner – Thomas Turkin __________73 74 VOTE ______75 ATTEST:76 77 _____________________________78 Maylee DeJesús, MMC Ty Penserga79 City Clerk Mayor80 81 APPROVED AS TO FORM:82 (Corporate Seal)83 84 85 Shawna G. Lamb86 City Attorney87 689 7.29.24 (SRW) Page 5 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description Address:500 Northeast 21st Avenue, Boynton Beach, FL PCN:08-43-45-15-03-000-0303 Legal Description:The East 184’ of the West 483’ of Lot 30, Sam Brown Jrs. Hypoluxo Subdivision, Boynton Beach, Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida. 690 7.29.24 (SRW) Page 6 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 691 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-021 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Senior Planner DATE: June 28, 2024 (City Comission Hearing: July 16 and August 6, 2024) PROJECT: VFW Boynton-Lantana - Future Land Use Map Amendment and Rezoning, (2024.05.46183) REQUEST: Approval of VFW Boynton-Lantana Future Land Use Map Amendment (2024.05.46183) from Medium Density Residential (MEDR) to Local Retail Commercial (LRC) and Rezoning (2024.05.46183) from Multi-Family Residential (R3) to Neighborhood Commercial (C2). PROJECT DESCRIPTION Property Owners: Veterans of Foreign Wars Inc Boynton Lantana Post 5335 Applicant: Paul Carroll, Boynton – Lantana Post No. 5335 Veterans of Foreign Wars of the United States, Inc. Agents: Gary Pirtle, Urban Design Studio, LLC Location: 500 Northeast 21st Avenue Existing Land Use/ Zoning: Medium Density Residential (MEDR) and Local Retail Commercial (LRC) / Multi-family Residential (R3) Proposed Land Use/ Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C2) Proposed Use: Take-out Restaurant Acreage: 0.60-acres Adjacent Uses: 692 VFW Boynton – Lantana Post - Future Land Use Map Amendment and Rezoning (2024.05.46183) Memorandum No PZ 24-021 Page 2 S:\Planning\SHARED\WP\PROJECTS\VFW Boynton-Lantana Post\Staff Report.docx 2 North: Right-of-way of Northeast 21st Avenue, then further north, developed commercial property classified Local Retail Commercial (LRC) land use and zoned Neighborhood Commercial (C2); South: Developed residential property classified as Medium Density Residential (MEDR) land use, and zoned Planned Unit Development (PUD); East: Developed commercial property classified Local Retail Commercial (LRC) land use and zoned Neighborhood Commercial (C2); West: Developed residential property classified as Medium Density Residential (MEDR) land use and zoned Multi-family Residential (R3). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The Veterans of Foreign Wars (VFW) Post 5335 has been operational at its current location since 1985. Situated on a 0.60-acre lot, the site features a single-story building erected in the same year, spanning approximately 3,067 square feet. Since its inception, VFW Post 5335 has served as both a restaurant and meeting hall for its members and local veteran families. The property exhibits a unique zoning and land use scenario: the eastern half is classified as Local Retail Commercial (LRC), while the western half is classified as Medium Density Residential (MEDR). Currently, the entire property is zoned as Multi-family Residential (R3), which does not correspond with the Future Land Use (FLU) of the eastern portion and does not support the existing use. This split in Future Land Use (FLU) classifications may have originated from past area-wide Future Land Use Map (FLUM) amendments, rezonings, or property subdivisions. The property is under contract with a new business that proposes a change in the building's use to operate a takeout restaurant with an accessory catering component. To facilitate this change, the applicant seeks an amendment of the land use classification to categorize the entire parcel as LRC. Additionally, the applicant requests a rezoning of the property to Neighborhood Commercial (C2), a zoning designation consistent with the LRC land use classification. These amendments to the FLUM and rezoning are not linked to any physical alterations to the site. REVIEW BASED ON CRITERIA The criteria used to review FLUM amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3: a. Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the city's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also 693 VFW Boynton – Lantana Post - Future Land Use Map Amendment and Rezoning (2024.05.46183) Memorandum No PZ 24-021 Page 3 S:\Planning\SHARED\WP\PROJECTS\VFW Boynton-Lantana Post\Staff Report.docx 3 be considered in a Justification Statement provided as part of the application. As stated previously, the subject property has a split FLU classification, LRC and MEDR, and is currently zoned R3. The R3 zoning district is incompatible with the eastern half of the property which is classified as LRC. Furthermore, the R3 zoning district is not appropriate for the existing use of the property. As detailed in the “Background” section of this report, the property has been used as a restaurant and meeting place for its members and veteran families since its development in 1985. The split FLU classification and incompatible zoning district may have resulted from past area-wide planning efforts. The applicant is under contract to sell the property to a new business that will use the building for a take-out restaurant with an accessory caterer component. The requested FLU amendment and rezoning is necessary to allow the site to continue to be used for commercial purposes. b. Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current city-approved planning documents. The proposed LRC land use classification and C2 zoning district are consistent with the current and proposed use of the property, and can be deemed consistent with the general intent of the policies of the Comprehensive Plan’s Future Land Use Element which, particularly in recent years, brought a post-great recession focus on commercial uses as goods/services providers and job generators: Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy, and a good quality of life for residents. Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversation of industrial and commercial land to other uses. c. Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. The proposed FLUM amendment and rezoning would not create an isolated zoning district. The abutting property to the east and all properties on the north side of NE 21st Avenue carry the LRC land use and are zoned C2. These lots contain the following uses: restaurants including one take- out restaurant, convenience stores, a grocery store and a veterinarian office. If the subject request is approved and the neighborhood commercial zoning of C2 is extended to the subject property, the C2 zoning district will abut a multi-family property zoned R3 along its west property and single- family homes zoned Planned Unit Development (PUD) along its south property line and is consistent with the existing conditions. The subject property currently contains a six-foot tall buffer wall along the west and south property lines which serves to mitigate any adverse impacts from 694 VFW Boynton – Lantana Post - Future Land Use Map Amendment and Rezoning (2024.05.46183) Memorandum No PZ 24-021 Page 4 S:\Planning\SHARED\WP\PROJECTS\VFW Boynton-Lantana Post\Staff Report.docx 4 vehicular circulation. Also, due to the existing use, staff does not anticipate a significant change in the traffic pattern. Given the existing surrounding land uses and developments, the proposal would be compatible in intensity, scale, and character. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. As stated in the responses for criteria “b” and “c” above, the proposed FLU and rezoning are consistent with the surrounding properties and support the objectives of Comprehensive Plan. The subject site is sufficient for the proposed use as it meets the building/site regulations of the C2 zoning district and does not require an assemblage of parcels. Therefore, the proposed amendment would not result in the creation of an undevelopable parcel(s) or encourage piecemeal development. e. Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. See the responses to criterion “c” and “d” above. The proposed amendment to the FLU and zoning map is consistent with the objectives and policies of the Comprehensive Plan, and will be complementary with the existing developed properties within the immediate vicinity of the site. The subject property is located within walking distance to Palm Tran route 73 on Gateway Boulevard and routes 1 and 73 on Federal Highway, which provides a connection to the existing county-wide bus network. In addition, bike lanes are located on Gateway Boulevard and Federal Highway, thereby providing multimodal access to the site. Part III, Chapter 3, Article III, Sec.2.G.1.b states “the intent of this conventional district is to allow low-intensity commercial uses of a retail convenience that are intended to serve and which are in close proximity to individual residential neighborhoods.” As mentioned in response to criterion “c”, the subject property abuts a multi-family development to the west and abuts a PUD distritct with single-family homes to the south, therefore the proposal supports complementary land uses. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046 and the Utilities Department has confirmed long-term capacity availability for potable water and sewer for the subject request. Site changes are not proposed with the requested FLUM and zoning map amendments, therefore traffic and drainage are not anticipated to be adversely impacted. Any major changes to the site in the future would be required to undergo the development application process, and traffic impact and drainage analyses would be reviewed at that time. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: 695 VFW Boynton – Lantana Post - Future Land Use Map Amendment and Rezoning (2024.05.46183) Memorandum No PZ 24-021 Page 5 S:\Planning\SHARED\WP\PROJECTS\VFW Boynton-Lantana Post\Staff Report.docx 5 a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: a. Create new employment opportunities; b. Contribute to the enhancement and diversification of the city’s tax base; c. Respond to the current or anticipated market demand or community needs; or d. Alleviate economic obsolescence of the subject area. The proposed FLUM amendment and rezoning would not decrease the possible intensity of development, nor the number of uses with high probable economic development benefits. The proposed project generates economic development benefits by assuming the FLU classification and zoning district to be able to continue to operate commercial uses. The subject site was originally developed and used for commercial activity for nearly four decades. The proposed use as a take- out restaurant and accessory catering component will generate employment opportunities through the new business. VFW Post 5335 is a non-profit organization which allows for several tax exemptions that would not occur under the new business, therefore the new business will contribute to the city’s tax base. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. As previously noted, the subject parcel is currently zoned R3, with a split classification of LRC and MEDR. The request to rezone the property from the Multi-family zoning district to the Neighborhood Commercial zoning district will increase the amount of land available for commercial development. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map (FLUM) amendment and rezoning (2024.05.46183) and recommends APPROVAL based on the findings that the project implements the Comprehensive Plan objectives and policies. 696 E Ri dgeCirEE Ridge Cir N E Gateway Blvd NE 21st Ave ¹0 30 60 90 12015 Feet SITE VFW Boynton-Lantana - 500 NE 21st AveVFW Boynton-Lantana - 500 NE 21st Ave Ex. A: Location MapEx. A: Location Map 697 E Ri dgeCirEE Ridge Cir N E Gateway Blvd NE 21st Ave ¹0 30 60 90 12015 Feet MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) SITE VFW Boynton-Lantana - 500 NE 21st AveVFW Boynton-Lantana - 500 NE 21st Ave Ex. B: Existing Future Land UseEx. B: Existing Future Land Use 698 E Ri dgeCirEE Ridge Cir N E Gateway Blvd NE 21st Ave ¹0 30 60 90 12015 Feet MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) SITE VFW Boynton-Lantana - 500 NE 21st AveVFW Boynton-Lantana - 500 NE 21st Ave Ex. C: Proposed Future Land UseEx. C: Proposed Future Land Use 699 E Ri dgeCirEE Ridge Cir N E Gateway Blvd NE 21st Ave ¹0 30 60 90 12015 Feet Zoning R3 Multi Family, 11 du/ac PUD Planned Unit Development C2 Neighborhood Commercial SITE VFW Boynton-Lantana - 500 NE 21st AveVFW Boynton-Lantana - 500 NE 21st Ave Ex. D: Existing ZoningEx. D: Existing Zoning 700 E Ri dgeCirEE Ridge Cir N E Gateway Blvd NE 21st Ave ¹0 30 60 90 12015 Feet Zoning R3 Multi Family, 11 du/ac PUD Planned Unit Development C2 Neighborhood Commercial SITE VFW Boynton-Lantana - 500 NE 21st AveVFW Boynton-Lantana - 500 NE 21st Ave Ex. E: Proposed ZoningEx. E: Proposed Zoning 701 Boynton-Lantana VFW Post 5335 – 500 NE 21st Avenue, Boynton Beach, FL 33435 Project / Case ## 2024.04.38464 / 2024.05.46183 Justification Statement & Responses to Code Criteria – Revised 5/31/2024 – Revised 07/1/2024 _____________________________________________________________________________________ ______ 1 | P a g e JUSTIFICATION STATEMENT & RESPONSES TO CODE CRITERIA REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING Chapter 2, Article II, Section 2.D.3 of the Land Development Regulations contains the following review criteria, except for city-initiated rezonings, which shall at a minimum meet criteria (b) for “Consistency” approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on the following application factors. Following each of these criteria is an explanation of how this application complies with each of the criteria. Requesting rezoning and land us amendment. Rezoning: R-3 of the Western half to C-2. Future Land Use Amendment: MEDR to LRC. (a) Demonstration of Need. Whether the proposed amendment to the FLU and zoning maps are supported by the implementation of the City’s vision for, or changes in the condition or character of development in, the area under consideration. Response: The subject property is currently classified with two different future land use categories. The property is currently zoned Multi-Family Residential District(R-3) according to the Official Zoning Map. The eastern half of the site is classified as Local Retail Commercial (LRC) and the western half of the site is classified as Medium-Density Residential (MEDR). The requested change in Future Land Use and zoning will be consistent with the adjacent parcel to the east and the parcels to the north, which all have a Future Land Use (FLU) of LRC and zoned C-2, which is consistent with the character of the existing developments. (b) Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment plans, or any other city-approved planning documents. Response: VFW Post 5335 is currently used as a meeting place, restaurant, and entertainment for its members. This recommendation will carry-out the goals, objectives and policies of the Comprehensive Plan and Land Development regulations of which this proposed application is being reviewed for compliance. (c) Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and nature of use, or when such an amendment would create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. Response: VFW Post 5335 has operated this property as a meeting place and restaurant for its members and veteran families in the local area since 1985 when it was established. Sandy James Fine Food & Productions, Inc. has entered into a contract for the purchase of this property. The 702 Boynton-Lantana VFW Post 5335 – 500 NE 21st Avenue, Boynton Beach, FL 33435 Project / Case ## 2024.04.38464 / 2024.05.46183 Justification Statement & Responses to Code Criteria – Revised 5/31/2024 – Revised 07/1/2024 _____________________________________________________________________________________ ______ 2 | P a g e proposed principal use will be a Take-Out Restaurant with an accessory Caterer component. Both uses are permitted with the proposed zoning district. There are currently six local businesses that front on Gateway Blvd. and back to 21st Avenue. These businesses are currently zoned for retail stores, such as restaurants, food sales, beverage sales, and other business use. Even though these businesses front to Gateway Blvd., they use the rear of buildings for parking and rear access to the businesses. The proposed FLUM amendment creates a compatible relationship with the neighborhood and local area residents. (d) Orderly Growth. Whether the proposed amendment to the FLU and zoning maps would encourage piecemeal development or create undeveloped parcels. Response: The surrounding land use is Stores and Commercial, except the property to the west and south, which is multi-residential. There is currently a 6’ high concrete block wall which separates this property from the multi-residential properties. The operation of a restaurant use and a “caterer” is an accessory use to the restaurant use and would promote employment and local retail growth. There are no outlaying parcels that would be developed. This property has a single building and associated parking to meet occupancy and ADA parking is designated. (e) Location Efficiency. Whether the proposed amendment to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainable initiatives; access to a wide range of mobility options; or interconnectivity with the project and between adjacent properties. Response: This property will focus on the surrounding uses and the availability of transit. The Palm Tran route on Gateway Blvd. (route 73) and Palm Tran route on Federal Highway (routes 1 and 73). This property has sufficient parking for current and future operations. ADA parking is designated. Site access is with two street entrances for in and out traffic. There is no fencing or gates to restrict client entrance and local area resident’s access to the property. (f) Availability of Public Services/Infrastructure. All requests for FLUM amendment shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for zoning to planned zoning districts and FLUM amendment shall be subject to review to Chapter 1, Article VI, Concurrency. Response: All public services and infrastructure required for the zoning change are available and provided by the City of Boynton Beach. (g) Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendment would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted decrease in the possible and/or zoning district; 703 Boynton-Lantana VFW Post 5335 – 500 NE 21st Avenue, Boynton Beach, FL 33435 Project / Case ## 2024.04.38464 / 2024.05.46183 Justification Statement & Responses to Code Criteria – Revised 5/31/2024 – Revised 07/1/2024 _____________________________________________________________________________________ ______ 3 | P a g e b. Represent a potential decrease in the number of uses with high probably economic development benefits. (2) Whether the proposed rezoning/FLUM amendment would: a. Create new employment opportunities. b. Contribute to the enhancement and diversification of the City’s tax base; c. Response to the current or anticipated market demand or community needs; d. Alleviate economic obsolescence of the subject area. Response: This zoning will not decrease intensity of development or represent potential decrease in number of uses since the use will be similar to the existing use. New employment opportunities will be recognized by the new business. The County and City will recognize increased tax base. VFW Post 5335 is a non-profit organization and has several tax exemptions which would not occur for the new business. There will be an increase in market demand and community needs. The new business will enhance economic growth for the area. (h) Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendment to the FLU and zoning maps would reduce the amount of land available for heavy commercial/industrial development. Response: This property is not intended for use for Heavy Commercial and Industrial Land Supply. 704 90.2' 90.1'34.2'34.1'BUILDING OHLOHLOHLOHLOHLOHL FOUND 2"X2" CONC. MON FOUND 1/2" IRON PIPE (NO ID.) 24.0'11.7'SHED (NF)CONC. 10.0'10.0'11.4'8.0'B.B.Q. COVERED CONC. 10.0'6.0'CONC. COVERED CONC.ASPHALT PARKING ASPHALT PARKING ASPHALT PARKING ASPHALT PARKING ASPHALT PARKING 4' CONC. A/C 16.0'3.0'5.0'8.0' 8.0'3.0'4.5'3.0'A/C A/C OHLOHLOHLOHLOHLOHLOHLOHL OHLOHLOHLOHL N01°32'20"W 141.95'N90°00'00"E 184.00'S01°32'20"E 141.98'N89°57'24"W 184.00'EAST LINE OF THE WEST 483' OF LOT 30(P.B. 1, PG. 81)(P.B. 1, PG. 81) THE WEST 299' OF (P.B. 1, PG. 81) REMAINDER OF (P.B. 1, PG. 81) SOUTH LINE OF LOT 30 (P.B. 1, PG. 81) NORTH LINE OF LOT 30 (P.B. 1, PG. 81) NORTHWEST CORNER OF LOT 30 (P.B. 1, PG. 81)N.E. 4TH STREETEAST R/W LINE OF "N.E. 4TH STREET"(50' R/W)(P.B. 24, PG. 28)(20' PAVED) (30' R/W) N.E. 21ST AVENUE 15.01'15.01'299.00'30.0'15.0'15.0'2.9' 2.7'1.6'S2.9'2.9'1.4'S2.6'1.9' 2.0'13.0'8.8'6.4'13.1'21.5' 20.6'41.9'41.7'72.3' 73.2'66.1'65.9'FOUND 5/8" IRON ROD (NO ID.) FOUND 1/2" IRON ROD (NO ID.) FOUND 1/2" IRON ROD (NO ID.) FOUND 1/2" IRON ROD (NO ID.) 52.16'(M) (P.B. 24, PG. 28)15.01'(P.B. 1, PG. 81) A PORTION OF SUBJECT PARCEL AREA = 26,112 SQ. FT. OR 0.600 ACRES (P.B. 24, PG. 28) N90°00'00"E (B.R.)LOT 5LOT 4LOT 3LOT 2100.00' FOUND 5/8" IRON & CAP (ILLEGIBLE)N01°32'20"W146.67'(P) 146.21'(M)WEST R/W LINE OF "EAST LINE OF LOT 30 (P.B. 1, PG. 81)PAVERS 1.8' 0.9' CBS WALLOHLOHLOHLOHLOHLOHLOHLOHL 19.9'8.0'SHIPPING CONTAINER (NF) SITE SPECIFIC LEGEND: (NF) = NO FOUNDATION 7.0'3.5'GEN.2.9'2.9'MILLER LAND SURVEYINGSCALE: DRAWN BY: FIELD WK: DATE: 1" = 20' PICARD M.M. / B.M. 04/18/2024 REFERENCES: PREV. JOB NO'S. JOB NO. M - 3401-A B81/26 Y240404 CALC. C.B.S. CONC. MON. CONC. D.E. U.E. P.E. F.F.EL. EL. (B.R.) (D) (M) = = = = = = = = = = = = CALCULATED CONCRETE BLOCK STRUCTURE CONCRETE MONUMENT CONCRETE DRAINAGE EASEMENT UTILITY EASEMENT POOL EQUIPMENT FINISHED FLOOR ELEVATION ELEVATION BEARING REFERENCE DEED MEASURED (P) R Δ L CH.B. N.G.V.D. O.R.B. P.B. P.C. P.T. P.R.C. P.C.C. = = = = = = = = = = = = PLAT RADIUS CENTRAL "DELTA" ANGLE ARC LENGTH CHORD BEARING NATIONAL GEODETIC VERTICAL DATUM OFFICIAL RECORD BOOK PLAT BOOK POINT OF CURVATURE POINT OF TANGENCY POINT OF REVERSE CURVATURE POINT OF COMPOUND CURVATURE P.I. P.O.C. P.O.B. R/W = = = = = = = = = = = = POINT OF INTERSECTION POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT OF WAY CHAIN LINK FENCE WOOD FENCE METAL FENCE CENTERLINE EASEMENT COVERED OVERHEAD LINES LOT TIEXXOHLOHL = = = ASPHALT PAVEMENT CONCRETE FLATWORK PAVER BRICK FLATWORK WM SAN = = = = = WOOD POWER POLE WATER METER FIRE HYDRANT CATCH BASIN SANITARY MANHOLE LEGEND: Registered Land Surveyor, Florida Certificate No. MICHAEL J. MILLER #4034 This survey is invalid without embossed surveyor's seal and/or an authenticated electronic signature and authenticated electronic seal. BOUNDARY SURVEY REVISIONS: LOCATION MAP N.T.S. SURVEY NOTES 1.) Lands shown hereon were not abstracted by this office for easements, right of ways, or other instruments of record. 2.) No underground improvements located. 3.) All bearings and distances shown hereon are plat and measured unless otherwise noted. 4.) This firm's "Certificate of Authorization" number is "L.B.#6838.NORTH20 0 20 40 60 Scale 1" = 20' 1121 LAKE AVENUE LAKE WORTH, FLORIDA 33460 PHONE: (561) 586-2669 - FAX: (561) 582-0151 www.millersurveying.com e-mail: millersurveying@aol.com CERTIFIED TO: VETERANS OF FOREIGN WARS INC BOYNTON LANTANA POST 5335 PROPERTY ADDRESS: 500 NE 21st Avenue, Boynton Beach, FL 33435 FLOOD ZONE: X (FIRM 120196-12099C0791 F 10/5/2017) DESCRIPTION: The East 184 feet of the West 483 feet of Lot 30, SAM BROWN JRS. HYPOLUXO SUBDIVISION, Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach. County Florida. SITE Y120820 705 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: Proposed Ordinance - This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 706 Page 2 of 3 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Summary of the proposed ordinance 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Good faith estimate 707 Page 3 of 3 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City staff solicited comments from businesses in the City of Boynton Beach as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on the City’s website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). 708 City of Boynton Beach Agenda Item Request Form 8.B 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. 08/20/2024 Meeting Date: 08/20/2024 Proposed Ordinance No. 24-016- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of portions of an existing utility easement associated with the Shoppes at Boynton Beach Development Project, located at 2202 N. Congress Avenue; providing an effective date; and for all other purposes. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-016, on second reading. Explanation of Request: Shoppes At Boynton (SAB) Holdings, LLC petitioned the City to modify a portion of the existing shopping center’s building, site, and infrastructure to accommodate the integration of a new grocer into the shopping center. To develop the proposed project, it is necessary for the City to abandon portions of an existing utility easement to correspond with the project’s proposed modifications to the existing watermain distribution system. The property owner has obtained no objection letters, and a copy of the proposed site plan with the portions of utility easement to be abandoned and a copy of the survey are attached to this item. Art II, Sect. 2, Subsection H, of the City’s LDR’s requires utility easements must be abandoned by Ordinance. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Ord. 24-016 Agenda_Item_1794- 2023_Abandonment_of_Utility_Easements_for_Shoppes_at_Boynton_project.docx Easement Abandonment Application - Signed.pdf Utility Easement Abandonment S&L - 2C.pdf Utility Easement Abandonment S&L - 2D.pdf Utility Easement Abandonment S&L - 2E.pdf Legal Description.pdf No Objection Request Letter.pdf Easement.pdf 709 710 ORDINANCE NO. 24-0161 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF3 BOYNTON BEACH, FLORIDA, APPROVING THE 4 ABANDONMENT OF PORTIONS OF AN EXISTING UTILITY 5 EASEMENT ASSOCIATED WITH THE SHOPPES AT BOYNTON 6 BEACH DEVELOPMENT PROJECT, LOCATED AT 2202 N. 7 CONGRESS AVENUE; PROVIDING AN EFFECTIVE DATE; AND 8 FOR ALL OTHER PURPOSES. 9 10 WHEREAS,Jeffrey Ware, on behalf of SAB Boynton Holdings, LLC (“Applicant”), 11 is requesting the abandonment of a portion of an existing utility easement recorded in Official 12 Records Book 7149, Page 1153, of the Public Records of Palm Beach County, for the proposed 13 Shoppes at Boynton project development. The project site is a 13.096-acre parcel of property14 generally located at the northeast corner of N. Congress Avenue and Gateway Boulevard, PCN 15 08-43-45-17-00-004-0060; and16 17 WHEREAS, the Applicant proposesmodification of a portion of the existing shopping 18 center’s building, site, and infrastructure to accommodate the integration of a new grocer into 19 the shopping center; and 20 21 WHEREAS, to develop the proposed project, it is necessary to abandon portions of an 22 existing utility easement to correspond with the project’s proposed modifications to the 23 existing watermain distribution system; and24 25 WHEREAS, the City's Utilities Department has reviewed the request for abandonment 26 of a portion of the utility easement and has no objection to the abandonment; and27 28 WHEREAS,comments have been solicited from the appropriate City Departments, 29 and public hearings have been held before the City Commission on the proposed abandonment; 30 and31 32 WHEREAS, staff finds that the subject abandonment serves a greater public purpose 33 and recommends that the Applicant’s request be approved.34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 36 CITY OF BOYNTON BEACH, FLORIDA THAT:37 38 SECTION 1.The foregoing “Whereas” clauses are true and correct and 39 incorporated herein by this reference.40 41 SECTION 2.The City Commission of the City of Boynton Beach, Florida, 42 does hereby abandon portions of an existing utility easement associated with The Shoppes at 43 Boynton Beach Development Project, located at 2202 N. Congress Avenue, the project site is 44 legally described as follows:45 46 711 A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 47 EAST, PALM BEACH COUNTY, FLORIDA, SAID LAND BEING MORE 48 PARTICULARLY DESCRIBED AS FOLLOWS: 49 50 COMMENCING AT THE WEST QUARTER CORNER OF SECTION 17, TOWNSHIP 45 51 SOUTH, RANGE 43 EAST; THENCE WITH A BEARING OF NORTH 89°08'49" EAST, 52 ALONG THE EAST-WEST QUARTER LINE OF SECTION 17, A DISTANCE OF 50.05 53 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE; 54 THENCE WITH A BEARING OF SOUTH 01°44'39" WEST, ALONG THE EAST RIGHT 55 OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 70.07 FEET; THENCE WITH 56 A BEARING OF NORTH 89°08'49" EAST, ALONG A LINE LYING 70.00 FEET SOUTH 57 OF AND PARALLEL TO THE EAST-WEST QUARTER LINE OF SECTION 17, SAID 58 LINE ALSO BEING THE SOUTH LINE OF LAKE WORTH DRAINAGE DISTRICT 59 LATERAL CANAL NO. 21, RECORDED IN OFFICIAL RECORDS BOOK 1732, PAGE 60 612, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 61 10.01 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 01°44'39" WEST, A 62 DISTANCE OF 415.35 FEET TO THE POINT OF BEGINNING; THENCE WITH A 63 BEARING OF NORTH 45°26'44" EAST, A DISTANCE OF 34.55 FEET; THENCE WITH 64 A BEARING OF NORTH 89°08'49" EAST, A DISTANCE OF 694.33 FEET; THENCE A 65 BEARING OF SOUTH 01°44'39" WEST, A DISTANCE OF 795.54 FEET; THENCE WITH 66 A BEARING OF SOUTH 89°04'32" WEST, A DISTANCE OF 692.07 FEET; THENCE 67 WITH A BEARING OF NORTH 44°35'24" WEST, A DISTANCE OF 36.17 FEET; 68 THENCE WITH A BEARING OF NORTH 01°44'39" EAST, A DISTANCE OF 746.36 69 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 70 71 SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, 72 FLORIDA, AND CONTAINING 570,481 SQUARE FEET (13.096 ACRES), MORE OR 73 LESS.74 75 The portions of the utility easement being abandoned are more particularly described 76 in Exhibit A, attached hereto and incorporated herein by reference.77 78 SECTION 3.The City Commission of the City of Boynton Beach, Florida, 79 does hereby authorize the Mayor to execute a Disclaimer, in form and substance similar to that 80 attached hereto as Exhibit B, to disclaim the City’s interest in the subject utility easement81 referenced in this Ordinance. 82 83 SECTION 4.After execution of the Disclaimer by the City Manager, the City 84 Clerk shall record the Disclaimer in the Public Records of Palm Beach County, Florida. 85 86 SECTION 5.This Ordinance shall take effect immediately upon passage. 87 88 89 90 712 FIRST READING this 6th day of August 2024.91 92 SECOND, FINAL READING AND PASSAGE THIS _____day of _______, 2024.93 94 CITY OF BOYNTON BEACH, FLORIDA95 96 YES NO97 98 Mayor – Ty Penserga _____ _____99 100 Vice Mayor – Aimee Kelley _____ _____101 102 Commissioner – Angela Cruz _____ _____103 104 Commissioner – Woodrow L. Hay _____ _____105 106 Commissioner – Thomas Turkin _____ _____107 108 VOTE ______109 110 ATTEST:111 112 ___________________________________________________________113 Maylee De Jesús, MPA, MMC Ty Penserga114 City Clerk Mayor115 116 APPROVED AS TO FORM:117 (Corporate Seal)118 119 _______________________________120 Shawna G. Lamb121 City Attorney122 713 EXHIBIT A Legal Description and Sketch of Portions of Easement to be Abandoned 714 715 716 717 718 719 EXHIBIT B Disclaimer RECORD & RETURN TO: And this Instrument Prepared by: CITY OF BOYNTON BEACH City Attorney’s Office 100 E. Ocean Avenue Boynton Beach, FL 33435 PCN: 08-43-45-17-00-004-0060 DISCLAIMER OF PORTIONS OF UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, whose address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435, does hereby abandon and disclaim any interest in and to portions of that easement for public utilities described in Exhibit A located at The Shoppes at Boynton Beach Development Project, within the property located at 2202 N. Congress Avenue, Boynton Beach, FL, PCN: 08-43-45-17- 00-004-0060. IN WITNESS WHEREOF,the execution of this Disclaimer by the City has been duly authorized by Ordinance No. 24-_____ of the City Commission, and the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2024. (Corporate Seal)CITY OF BOYNTON BEACH, FLORIDA, A Florida municipal corporation ATTEST: _________________________________By: __________________________________ Maylee De Jesús, MPA, MMC Ty Penserga, Mayor City Clerk 100 E. Ocean Avenue Boynton Beach, FL 33435 CITY ATTORNEY’S OFFICE Approved as to form and legality By: ______________________________ 720 Exhibit A Legal Description and Sketch of Portions of Easement to Abandoned 721 722 723 724 725 726 727 728 729 730807 731808 732805 733806 734803 735804 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE WITH A BEARING OF NORTH 89°08'49" EAST, ALONG THE EAST -WEST QUARTER LINE OF SECTION 17, A DISTANCE OF 50.05 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE WITH A BEARING OF SOUTH 01°44'39" WEST, ALONG THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 70.07 FEET; THENCE WITH A BEARING OF NORTH 89°08'49" EAST, ALONG A LINE LYING 70.00 FEET SOUTH OF AND PARALLEL TO THE EAST-WEST QUARTER LINE OF SECTION 17, SAID LINE ALSO BEING THE SOUTH LINE OF LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL NO. 21, RECORDED IN OFFICIAL RECORDS BOOK 1732, PAGE 612, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 10.01 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 01°44'39" WEST, A DISTANCE OF 415.35 FEET TO THE POINT OF BEGINNING; THENCE WITH A BEARING OF NORTH 45°26'44" EAST, A DISTANCE OF 34.55 FEET; THENCE WITH A BEARING OF NORTH 89°08'49" EAST, A DISTANCE OF 694.33 FEET; THENCE A BEARING OF SOUTH 01°44'39" WEST, A DISTANCE OF 795.54 FEET; THENCE WITH A BEARING OF SOUTH 89°04'32" WEST, A DISTANCE OF 692.07 FEET; THENCE WITH A BEARING OF NORTH 44°35'24" WEST, A DISTANCE OF 36.17 FEET; THENCE WITH A BEARING OF NORTH 01°44'39" EAST, A DISTANCE OF 746.36 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 570,481 SQUARE FEET (13.096 ACRES), MORE OR LESS. 736 America's Gateway to the Gulfstream The City of Boynton Beach Date: April 29, 2024 Michael Troxell, P.E Thomas Engineering Group 6300 NW 31st Avenue Fort Lauderdale, FL 33309 Phone: 954-202-7000 RE: New Sprouts Farmer Market – Shoppes at Boynton No Objection Letter to Abandon Portions of Existing Utility Easement Dear Mr. Troxell: The City of Boynton Beach has received your petition and has no objection to abandon portions of easements for the proposed shoppes at Boynton project, as indicated and highlighted in the attached exhibit “A “and “B”. I trust this letter meets your needs. If you need any further information, please contact me at (561) 742-6407. Sincerely yours, BOYNTON BEACH UTILITIES Milot Emile, P.E. Engineer IV UTILITIES DEPARTMENT 124 East Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6400 Fax: (561) 742-6298 Website: www.boynton- beach.org 737 April 9, 2024 City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 Re: New Sprouts Farmer Market – Shoppes at Boynton No Objection Request Letter to Abandon Portions of Existing Utility Easements for the Proposed Shoppes at Boynton Project To whom it may concern, On behalf of SAB Boynton Holdings, LLC (“Petitioner” & “Property Owner”), Thomas Engineering Group, LLC is requesting a Letter of No Objection to the abandonment of portions of existing Utility Easements as recorded within Palm Beach County O.R.B. 7149, Page 1153 for the proposed Shoppes at Boynton project development. The project site is located within an existing shopping center known as Shoppes at Boynton, which is generally located at the northeast corner of N. Congress Avenue and Gateway Boulevard. The site is located within a 13.096-acre parcel with a Palm Beach County Parcel Control Number (PCN) of 08-43-45-17-00-004-0060. The Petitioner proposes modification of a portion of the existing shopping center’s building, site and infrastructure to accommodate the integration of a new grocer into the shopping center. To develop the proposed project, it will be necessary to abandon portions of existing Utility Easements to correspond with the project’s proposed modifications to the existing watermain distribution system. A copy of the proposed Site Plan with the portions of Utility Easement to be abandoned is attached hereto as Exhibit “A” and a copy of the Survey with the sections of Utility Easement to be abandoned is attached hereto as Exhibit “B”. Please do not hesitate to contact me should you have any questions or require additional information to process this request. Sincerely, Michael Troxell, P.E. Project Manager 738 Exhibit “A” Site Plan 739 PROP. 12' U.E PROP. 12'U.ERETAIL GPROP. 1-STORYGROCERY STORE23,555 S.F.F.F.E 12.50 NAVDRETAIL JEXIST. 1-STORYRESTAURANT6,175 S.F.F.F.E. 12.50 NAVDEX. UTILITY EASEMENT(O.R.B. 7149 PAGE 1153)TO BE ABANDONED (TYP.)LIMITS OF EX. UTILITYEASEMENT (O.R.B. 7149PAGE 1153) TO BEABANDONED (TYP.)LIMITS OF EX. UTILITY EASEMENT(O.R.B. 7149 PAGE 1153) TO BEABANDONED (TYP.)LIMITS OF EX. UTILITY EASEMENT(O.R.B. 7149 PAGE 1153) TO BEABANDONED (TYP.)692.07'GATEWAY BLVD.PROP. 12'U.EPROP. 12' U.E RETAIL G PROP. 1-STORY GROCERY STORE 23,555 S.F. F.F.E 12.50 NAVD RETAIL J EXIST. 1-STORY RESTAURANT 6,175 S.F. F.F.E. 12.50 NAVD EX. UTILITY EASEMENT (O.R.B. 7149 PAGE 1153) TO BE ABANDONED (TYP.) LIMITS OF EX. UTILITY EASEMENT (O.R.B. 7149 PAGE 1153) TO BE ABANDONED (TYP.) LIMITS OF EX. UTILITY EASEMENT (O.R.B. 7149 PAGE 1153) TO BE ABANDONED (TYP.) LIMITS OF EX. UTILITY EASEMENT (O.R.B. 7149 PAGE 1153) TO BE ABANDONED (TYP.) 1"=20' 0 2051020 SITE PLAN C-5.0 PROFESSIONAL ENGINEER FLORIDA LICENSE No. 50572 MICHAEL A. TROXELL FLORIDA BUSINESS CERT. OF AUTH. No. 27528 April 9, 2024 G:\US COMMERCIAL CONSTRUCTION\2021\F210015 - SHOPPES AT BOYNTON\DWG\2023-09-18 ENG PLANS\EXHIBITS\F210015-SITE PLAN-EASEMENT ABABDONMENT----->LAYOUT: SITESHEET TITLE: SHEET NUMBER: PROJECT No.: DRAWN BY: CHECKED BY: CAD I.D.: REVISIONS: PROJECT: FOR F210015-SITE PLAN-EASEMENT ABABDONMENT KNOW WHAT'S BELOW ALWAYS CALL 811 BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com DATE:CIVIL ENGINEERS - PROJECT MANAGERS - LAND PLANNING - LANDSCAPE ARCHITECTS1502 W. FLETCHER AVE.SUITE 101TAMPA, FL 33612P: 813-379-4100840 SE OSCEOLA ST.STUART, FL 34994P: 561-203-75036300 NW 31ST AVENUE FORT LAUDERDALE, FL 33309 PH: (954) 202-7000 FX: (954) 202-7070 www.ThomasEngineeringGroup.com6300 NW 31ST AVENUEFT. LAUDERDALE, FL 33309P: 954-202-7000NEW SPROUTS FARMER MARKET SHOPPES AT BOYNTON 2222 N. CONGRESS AVE BOYNTON BEACH, FL SAB BOYNTON HOLDINGS LLC c/o NORTH BRIDGE INVESTMENTS MGMT, INC 80 RICHMOND STREET WEST SUITE 600 TORANTO, ON M5HA23 F210015 JV MAT 11-03-2021 April 9, 2024 1 8/25/22 ADDRESS REVIEW #1 COMMENTS MAT 2 10/07/22 ADDRESS REVIEW #2 COMMENTS MAT 3 10/26/22 RELOCATED SIDEWALK JFV 4 11/18/2022 ADDITIONAL EV CHARGING STATIONS CAS 5 06/20/2023 REVISIONS PER SITE PERMIT REVIEW CAS GATEWAY BOULEVARDCONGRESS AVENUEQUANTUN BLVD KEY MAP #1 #2 VIEW #2 VIEW #1 6 09/18/2023 REVISIONS PER SITE PERMIT REVIEW CAS 740 Exhibit “B” Survey 741 742 743 744 745 746 747 748 749 750 751 752 City of Boynton Beach Agenda Item Request Form 9.A City Manager’s Report 08/20/2024 Meeting Date: 08/20/2024 Receive update on the status of future agenda items. Requested Action: In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of August 13th, 2024. Explanation of Request: In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of August 13th, 2024. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Future Agenda Status Update_082024_Final.pdf 753 Future Item(s)Description Requested By:Department Employee Status Date on CC agenda - Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. Commissioner Turkin.Planning & Development Amanda Radigan Staff contacted Mayor via email on 7/24/24. Presentation was on the 8/6/24 agenda.Complete - Discussion regarding a waiver process and criteria for workforce housing projects. Commissioner Turkin.Planning & Development Amanda Radigan Staff contacted Commissioner via email on 7/24/24. He responded this item can be removed.Removed -Update on Arts in Public Places Program.Mayor Penserga.Planning & Development Amanda Radigan Staff contacted the Mayor via email on 7/24/24. Presentation was on the 8/6/24 agenda.Complete 10.C Discussion regarding Restrictive Covenant for Harvey Oyer Park.Commissioner Turkin. City Attorney Shawna Lamb Staff met with Commissioner Turkin and have an understanding of the restrictions he would like to see accomplished. A discussion item is being placed on the 8/20/24 CC meeting to get consensus direction to move forward with drafting the restrictive covenant. August 20, 2024 3.C Presentation regarding the Living Shoreline project.Commissioner Turkin.Utilities Alannah Irwin Presentation is complete and scheduled for the 8/20/24 CC meeting.August 20, 2024 A.Overview and Discussion of Draft cleanliness plan Mayor Penserga.Public Works Kevin Ramsey Staff initially created a beautification plan and after receiving feedback from the Mayor transitioned to a Cleanliness Plan. Staff met with the Mayor on 7/19/24 and are in the process of finalizing a draft cleanliness plan for review and discussion by City Commission. September 3, 2024 B.Discussion regarding formalized Tree Planting Program.Mayor Penserga.Utilities Alannah Irwin Item was set to be discussed at the 8/20/24 CC meeting. Since this request was from the Mayor and he will not be in attendance, item is being bumped to 9/3/24. September 3, 2024 C. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City. Commissioner Hay.City Manager Candace Walls Staff is currently researching the NLC information on Youth Participation. Staff will share the information with Commissioner Hay and this item can be discussed at the 9/3/24 CC meeting. September 3, 2024 D. Discussion regarding infrastructure, specifically paving in the City. Com. Turkin and Com. Cruz.Public Works Kevin Ramsey Public Works Construction Services has several neighborhood and individual roads identified and prioritized to be resurfaced. September 3, 2024 E.Update on funds from the settlement with Town Square.Mayor Penserga.Finance Peter Kajokas Finance Department is currently working on a updated report which is scheduled to be presented at the 9/3/24 City Commission meeting. September 3, 2024 F.Update on ARPA Funds.Mayor Penserga.Finance Peter Kajokas Finance Department is currently working on a updated report which is scheduled to be presented at the 9/3/24 City Commission meeting. September 3, 2024 G.Discussion regarding adding a Sister City from Ireland.Vice Mayor Kelley.City Clerk Maylee De Jesus City Clerk has spoke to sister cities and this items is set for discussion.October 1, 2024 H. Update on upgrades to water treatment plants to meet future drinking water regulations. Mayor Penserga.Utilities Poonam Kalkat Staff met with the Mayor, and the City has an open solicitation to hire a consultant to evaluate treatment options for emerging contaminants and other known future drinking water regulations. Staff anticipates a consultant to be on board in the next month and will work with the consultant to provide information to the Commission in October. October 15, 2024 I.Discussion regarding additional digital signs.Commissioner Hay.Public Affairs Dani Moschella In the process of mapping optimal locations for additional digital signs, as well as identifying a vendor to create and install new signage. Will keep the City Commission updated on progress and will schedule a presentation when vendor is located. Time December 3, 2024 8/13/2024 1 of 2 754 Future Item(s)Description Requested By:Department Employee Status Date on CC agenda J. Discussion regarding Procurement Policies and Procedures, including local business preference. Mayor Penserga and Com. Cruz.Finance Peter Kajokas The City recently hired a new Division Director of Procurement which is expected to start on September 9, 2024. Once the employee is on board, staff will begin working on an updated policy. December 3, 2024 K.Discussion regarding City entry way signage.Mayor Penserga.Public Affairs Dani Moschella Staff have begun preliminary mapping of existing city signage, identifying signs that require refurbishment or repair, as well as possible location for new welcome or locator signage. Met with planner John Stout regarding public art component of project and GIS analyst Jennifer Marangos about mapping. Will schedule meeting with Mayor Penserga when initial phase is complete. Meeting ETA: 1 month. Project ETA: 6 months January 21, 2025 L. Discussion regarding combining City properties together to create senior affordable housing . Mayor Penserga.Planning & Development Amanda Radigan Staff contacted Mayor via email on 7/24/24. He requested to meet with staff to further discuss. Meeting was set 7/26, however the mayor needed to reschedule. Pending meeting coordination. Reached out to Mayor again on 8/9. Pending meeting coordination Pending meeting w/Mayor Penserga M.Discussion regarding Rapid Re- housing Program.Mayor Penserga.City Manager Candace Walls RJ had a preliminary meeting with Mayor Penserga. Staff needs an additional meeting with Mayor to discuss this item further. Pending meeting w/Mayor Penserga N. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community. Commissioner Cruz.Building John Kuntzman Staff reached out to Commissioner Cruz to gather information in regards to the amendments to the flood ordinance. Pending meeting w/Commissioner Cruz O.Discussion regarding Hazard Pay for Community Standards.Commissioner Cruz.Community Standards Candace Stone On 7/29 Staff requested a meeting with Commissioner Cruz and HR to discuss Pending meeting w/Commissioner Cruz P. Discussion regarding requirements for Advisory Board Appointments. Vice Mayor Kelley.City Clerk Maylee De Jesus Staff is in the process of reaching out to Vice Mayor Kelley to set up a meeting to get a better understanding of concerns and potential changes. Pending meeting w/Vice Mayor Kelley Q.Discussion regarding Artificial Turf Ordinance.Commissioner Turkin.Planning & Development Amanda Radigan Staff contacted Commissioner via email on 7/24/24. He requested a meeting with several staff members. Meeting scheduled for 8/13 Pending meeting w/Commissioner Turkin 8/13/2024 2 of 2 755 City of Boynton Beach Agenda Item Request Form 9.B City Manager’s Report 08/20/2024 Meeting Date: 08/20/2024 Budget Status Report for FY2023 - 2024 thru June 2024 (unaudited). Requested Action: Accept the Fiscal Year 2023-2024 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ending June 30, 2024, respectively. Explanation of Request: This report summarizes the adopted funding sources and expenditure budgets for the City’s General Fund and Utility Fund thru period nine (9) month periods ended June 30, 2024. The financial data reflects 75% (thru June) of the fiscal year - unaudited. The analysis compares actual results for the current period to the annual budget and actual results for the same period of the prior year annual budget. How will this affect city programs or services? The annual budget structure provides and controls the resources for City programs and services. Fiscal Impact: The supporting documents reflect both the adopted budget and actual values through June 30, 2024. The narrative below addresses the values through June 30, 2024. GENERAL FUND: The General Fund reflects actual revenues in excess of expenditures (dollars in thousands), yielding a $16.1M surplus for the period ending June 30, 2024. This short-term surplus is tied to the early collection of Ad Valorem Taxes in December 2023. Revenues & Transfers – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $99.4M or 83.6% of our total $118.9M General Fund budget for FY 2023-24. Transfers from other funds (non-revenues) provide $19.5M, or 16.4% of the total funding sources. These three major estimated funding sources are summarized as follows: 46.5% - $ 55.3M – Property taxes less Tax Increment Financing to the CRA 37.1% - $ 44.1M – All other revenues plus General Fund Balance 16.4% - $ 19.5M – Transfers from other funds 100.0% - $118.9M – Total funding sources The property tax rate for FY 2023-24 is 7.8500 mills, which represents no change from the 756 prior year's rate of 7.8500 mills and yielding net property taxes of $55.3M, which is a 12.30% increase or $6.0M over FY 2022-23. Funding Sources Realized: At the end of the ninth month period in FY 2023-24, revenues and transfers (plus budgeted fund balance adjustment) realized are approximately $108.3M or 91% of the budget compared to $101.1M realized to date in FY 2022-23. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date were $53.7M or 97% of $55.3M, compared to $47.8M or 97% of $49.3M for FY 2022-23. Budgeted Expenditures: Appropriations increased approximately $7.7M, or 6.92%, from $111.3M to $118.9M. The budget increase was mainly due to wage increases and other operational costs. Actual Expenditures – General Fund expenditures were $92.1M, for the nine month period ending June 30, which is 77% of the $118.9M adopted for FY 2023-24. The increases are due to public safety operational costs, various contractual obligations, and early pension payments. UTILITY FUND The FY 2023-24 annual expenditure budget of $60.3M represents a $3.6M or 6.3% increase over the FY 2022-23 budget of $56.7M. For the ninth month period in FY 2023-24, Utility Revenues realized are $45.1M (75% of the budgeted $60.3M revenues). Utility Expenditures incurred are $38.1M (63% of the appropriated budget of $60.3M). This resulted in revenues in excess of expenditures, which yielded a surplus of approximately $6.9M. Note: there was a decline in expenditures from May ($4.2M) to June ($3.5M) related to the purchase of chemicals and contractual services. Attachments: FY23-24 Budget Review - GF - thru Jun 24 Summarized - Rev & Exp.pdf FY23-24 Budget Review - UF - thru Jun 24 Summarized - Rev & Exp.pdf 757 EXHIBIT A %% REALIZED REALIZED AD VALOREM TAXES, net 69,183,964$ 67,469,802$ 98%61,282,091$ 59,805,636$ 98% LESS TIF TAXES TO CRA (13,801,823) (13,701,163) 99%(11,964,587)(11,965,102) 100% NET TAXES TO THE CITY 55,382,141 53,768,639 97%49,317,504 47,840,534 97% LICENSES AND PERMITS BUSINESS TAXES 1,780,300 1,519,667 85%1,730,300 1,580,051 91% BUILDING PERMITS 190,000 77,537 *41%215,000 77,143 36% FRANCHISE FEES 5,197,000 4,980,501 96%5,865,900 3,843,392 66% OTHR LICENSES, FEES & PER 160,000 88,100 55%185,000 106,225 57% FED-ECON ENVIRONMENT - - 0%- 391,534 0% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 50,000 25,984 52%50,000 294,673 589% STATE SHARED REVENUES 12,255,000 9,518,620 78%12,015,456 8,895,428 74% SHRD REV FROM OTHR LCL 330,000 585,634 177%300,000 286,860 96% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 195,500 210,137 107%195,500 195,763 100% CHRGS-GENERAL GOVT 606,500 560,810 92%685,000 776,968 113% PUBLIC SAFETY 8,318,000 8,312,764 100%8,851,200 9,573,784 108% PHYSICAL ENVIRONMENT 15,000 17,080 114%15,000 15,280 102% CULTURE/RECREATION 1,392,060 708,721 51%732,500 457,417 62% INTEREST & MISC REVENUE LIBRARY FINES 12,800 3,873 30%12,800 4,395 34% VIOLATIONS LOCAL ORD.470,000 366,335 78%495,000 278,302 56% INTEREST EARNINGS 317,000 1,056,833 333%142,000 661,481 466% RENTS AND ROYALTIES 632,840 469,081 74%467,800 430,825 92% SPECIAL ASSESSMENTS 6,971,000 6,891,156 99%6,881,000 6,819,585 99% SALE OF SURPLUS MATERIAL 3,000 1,292 43%3,000 2,973 99% CONTRIBUTIONS 184,000 - 0%- - 0% OTHER MISC. REVENUE 4,841,815 4,444,774 92%4,455,000 5,971,223 134% INTERNAL FUND TRANSFERS TRANSFERS 19,582,127 14,686,595 75%21,346,000 14,659,162 69% FUND BALANCE APPROPRIATED 90,319 67,739 75%(2,683,037) (2,012,278) 75% Total Revenues 118,976,402$ 108,361,872$ 91%111,277,923$ 101,150,720 91% * actual building revenue will be reclass to the Building Fund. CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30, 2024 (75% of Fiscal Year 2024) - Unaudited GENERAL FUND ANALYSIS REVENUE REALIZED REVENUE REALIZED REVENUES ACCOUNTS FY 2022-23 TO DATEFY 2023-24 TO DATEFY 2023-24 BUDGET APPROVED FY 2022-23 BUDGET APPROVED $5,295 $9,462 $52,528 $59,413 $68,918 $74,450 $81,274 $86,405 $91,492 $96,857 $102,066 $108,464 $6,213 $15,209 $67,409 $72,774 $79,775 $86,346 $94,922 $102,269 $108,362 $0 $0 $0 $118,976 $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 $110,000 $120,000 $130,000 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2022-23 Actual Cumulative 2023-24 Actual 2023-24 Budget Two Year Cumulative Revenue Comparison and CFY Budget -($ in thousands) S:\Finance\Financial Reports\Quarterly Financial Reports\FY2023-24\Jun\FY23-24 Budget Review - GF - thru Jun 24 Summarized001 Revenue Summary 8/9/2024 758 EXHIBIT B %% EXPENDED EXPENDED GENERAL GOVERNMENT CITY COMMISSION 392,075$ 295,681$ 75%371,109$ 268,464$ 72% CITY MANAGER 979,785 773,321 79%908,031 691,279 76% CITY HALL/GEN. ADMIN.3,879,961 2,732,368 70%4,242,896 3,191,157 75% MARKETING 222,537 135,590 61%432,637 249,185 58% SPECIAL EVENTS 1,189,427 991,871 83%631,094 379,908 60% TOWN SQUARE 4,483,181 4,224,981 94%4,529,643 4,496,206 99% PUBLIC AFFAIRS 362,721 244,600 67%302,890 152,547 0% DEPT INTERNAL INVESTIGATN 367,330 258,256 70%700 0 0% CITY CLERK 822,367 565,413 69%800,156 604,196 76% FINANCIAL SERVICES 2,116,528 1,728,743 82%1,730,861 1,295,754 75% INNOVATION & TECH SOLUTNS 3,569,305 2,200,520 62%2,904,021 2,077,077 72% HUMAN RESOURCES 1,459,136 1,025,878 70%1,385,675 950,291 69% ADA & INCLUSION 8,213 6,727 82%149,377 103,603 69% CITY ATTORNEY 1,141,647 915,640 80%717,115 443,860 62% PUBLIC SAFETY UNIFORM SERVICES 21,549,871 16,961,992 79%20,222,401 16,154,777 80% OFFICE OF THE CHIEF 7,002,058 5,613,655 80%5,259,766 4,164,617 79% SUPPORT SERVICES 15,567,485 12,408,360 80%15,472,399 11,643,959 75% FIRE 31,977,908 26,232,110 82%31,897,129 24,394,149 76% CODE COMPLIANCE 0 569 #DIV/0!0 0 0% EMERGENCY MANAGEMENT 30,425 9,614 32%36,524 17,796 49% BUILDING & DEVELOPMENT DEVELOPMENT 431,797 274,763 64%416,374 301,475 72% BUILDING 0 0 4,100 1,892 46% COMMUNITY STANDARDS 1,461,604 1,024,374 70%1,442,133 1,059,152 73% ENGINEERING 594,648 549,593 92%795,926 573,264 72% PLANNING & ZONING 1,084,945 726,734 67%767,118 537,151 70% ECONOMIC DEVELOPMENT 546,198 365,512 67%453,217 162,004 36% PUBLIC WORKS PUBLIC WORKS ADMIN 277,059 277,384 100%207,903 145,029 70% FACILITIES MANAGEMENT 2,638,865 1,760,927 67%2,288,377 1,618,598 71% STREETS MAINTENANCE 1,672,635 1,424,008 85%1,676,494 1,086,172 65% PARKING SERVICES 791,065 592,847 75%285,352 166,646 58% LEISURE SERVICES LIBRARY 2,690,532 1,898,199 71%2,467,390 1,826,312 74% SCHOOLHOUSE MUSEUM SERV 265,604 170,212 64%254,241 157,691 62% RECREATION 3,591,207 2,544,538 71%3,888,149 2,821,560 73% WOMEN'S CLUB 68,500 10,212 15%0 0 0%ARTS & CULTURAL CENTER 1,023,911 497,682 49%0 0 0% PARKS & GROUNDS 4,715,872 3,311,555 70%4,336,725 3,112,243 72% CRA REIMBURSABLE & RESERVES - (569,201)- (90,080) Total Expenditures 118,976,402$ 92,185,228$ 77%111,277,923$ 84,757,934$ 76% EXPENDITURES ACCOUNTS CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30, 2024 (75% of Fiscal Year 2024) - Unaudited GENERAL FUND ANALYSIS EXPENDED FY 2022-23 BUDGET APPROVED FY 2022-23 TO DATEFY 2023-24 BUDGET APPROVED EXPENDED FY 2023-24 TO DATE $22,245 $28,821 $37,167 $44,771 $50,935 $57,334 $66,241 $74,118 $80,366 $86,556 $93,385 $104,389 $24,640 $32,068 $42,400 $50,130 $57,766 $67,191 $75,142 $84,780 $92,185 $9,915 $118,976 $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 $110,000 $120,000 $130,000 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2022-23 Actual Cumulative 2023-24 Actual 2023-24 Budget Two Year Cumulative Expenditure Comparison and CFY Budget -($ in thousands) S:\Finance\Financial Reports\Quarterly Financial Reports\FY2023-24\Jun\FY23-24 Budget Review - GF - thru Jun 24 Summarized001 Expenditure Summary 8/9/2024 759 Beg Bal 10/1/23 17,475,097.00 CURRENT FY TO DATE REVENUES - 001 (General Fund)BUDGET ACTUAL OCT NOV DEC (Period 3)JAN FEB MAR (Period 6)APR MAY JUN (Period 9)JUL AUG SEPT (Period 12) 310 TAXES 57,162,441$ 55,288,306$ 1,283,392$ 2,826,608$ 42,249,354$ 1,071,603$ 2,587,163$ 1,472,787$ 2,670,677$ 835,464$ 291,258$ 320 LICENSES AND PERMITS 5,547,000 5,146,138 677,217 651,668 557,089 479,672 429,848 16,358 1,426,951 430,113 477,223 330 INTRGOVTL RENENUE 12,830,500 10,340,374 1,418,522 1,219,018 1,044,859 1,065,777 1,205,271 1,040,027 1,132,591 1,141,680 1,072,630 340 CHARGES FOR SERVICES 10,331,560 9,599,374 964,146 756,011 1,951,584 736,562 572,849 1,897,822 1,041,628 960,045 718,727 350 FINES AND FORFEITURES 482,800 370,208 33,718 40,219 29,026 8,441 41,562 63,730 70,882 47,790 34,840 360 MISCELLANEOUS REVENUE 12,949,655 12,863,136 197,090 1,862,292 4,729,395 363,199 524,945 440,810 594,310 2,292,171 1,858,925 380 TRANSFERS 19,582,127 14,686,595 1,631,844 1,631,844 1,631,844 1,631,844 1,631,844 1,631,844 1,631,844 1,631,844 1,631,844 380 NON OPERATING SOURCES 90,319 67,739 7,527 7,527 7,527 7,527 7,527 7,527 7,527 7,527 7,527 Total Revenues 118,976,402 108,361,872 6,213,455 8,995,186 52,200,677 5,364,624 7,001,008 6,570,905 8,576,410 7,346,634 6,092,974 - - - (0.4) Rounding, >"3" then reconcile EXPENDITURES - 001 (General Fund) Total Expenditures 118,976,402 92,185,229 24,640,393 7,427,834 10,332,153 7,729,906 7,636,195 9,424,950 7,950,151 9,638,353 7,405,294 $1 Net Change 16,176,643 (18,426,938)1,567,353 41,868,524 (2,365,282)(635,187)(2,854,045)626,258 (2,291,719)(1,312,320)0 0 0 FY23/24 MONTHLY ANALYSIS Revenue Expenditures OCT 6,213,455 24,640,393 NOV 8,995,186 7,427,834 DEC 52,200,677 10,332,153 JAN 5,364,624 7,729,906 FEB 7,001,008 7,636,195 MAR 6,570,905 9,424,950 APR 8,576,410 7,950,151 MAY 7,346,634 9,638,353 JUN 6,092,974 7,405,294 JUL 0 0 AUG 0 0 SEP 0 0 108,361,872 92,185,229 Note: Major contributors to the surplus are Property Taxes and Special Assessments, part of the Misc. Revenues category. Annually both these source of revenues are mostly collected early in the Fiscal Year. CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES & EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL FY23/24 MONTHLY ANALYSIS ACTUAL 2023/24 EXPENDITURE 2023/24 REVENUE 6,213,4558,995,18652,200,6775,364,6247,001,0086,570,9058,576,4107,346,6346,092,97400024,640,3937,427,83410,332,1537,729,9067,636,1959,424,9507,950,1519,638,3537,405,294000$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Boynton Beach General Fund Monthly Comparison of Revenues & Expenditures from October 2023 to June 2024 Revenue Expenditures S:\Finance\Financial Reports\Quarterly Financial Reports\FY2023-24\Jun\FY23-24 Budget Review - GF - thru Jun 24 Summarized:Rev Exp 2023-24 8/9/2024 760 EXHIBIT C %% REALIZED REALIZED WATER SALES 28,050,000$ 20,027,435$ 71%25,427,969$ 17,417,804$ 68% WATER CONNECTION FEE 20,000 10,540 53%100,000 9,830 10% WATER SERVICE CHARGE 750,000 583,609 78%500,000 599,255 120% WTR-BACKFLOW PREVNTR TEST 45,000 30,545 68%30,000 37,860 126% RECLAIMED WATER SALES 449,375 452,523 101%449,375 437,812 97% DISTRICT ENERGY PLANT 350,000 259,693 74%400,000 258,671 65% WATER CANAL ASSESSMENT 11,440 7,206 63%11,440 7,273 64% SEWER SERVICE 22,003,000 16,837,003 77%20,897,847 14,870,842 71% STORMWATER UTILITY FEE 6,600,000 4,800,371 73%5,924,997 4,410,588 74% TELEVISE SEWER LINES 11,590 - 0%11,590 - 0% FEES 34,460 730 2%34,460 - 0% INTEREST INCOME 300,000 793,255 264%60,000 580,957 968% SALE OF SURPLUS MATERIAL 3,500 14,579 417%3,500 4,716 135% GAIN LOSS ON INVEST - - 0%- - 0% OCEAN RGE UT TAX ADM CHG 900 772 86%900 751 83% LAKE WORTH WATER SEWER 4,000 5,523 138%4,000 3,647 91% ARPA INTERN - 19,915 0%- 9,407 0% LAKE IDA WATER QUALITY 14,500 - 0%14,500 8,599 59% INSURANCE REIMBURSEMENT - 21,909 0%- 2,782 0% GRANTS - - 0%- 2,860 0% MISCELLANEOUS INCOME 50,000 11,040 22%50,000 62,078 124% NET ASSETS APPROPR 1,682,939 1,262,204 75%2,864,158 2,148,119 75% TOTAL REVENUES 60,380,704$ 45,138,852$ 75%56,784,736$ 40,873,851$ 72% FY 2023-24 ADOPTED BUDGET ACCOUNTS CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL UTILITY FUND ANALYSIS REVENUES FY 2023-24 TO DATE FY 2022-23 BUDGET APPROVED FY 2022-23 TO DATE Fiscal Year Period Ended June 30, 2024 (75% of Fiscal Year 2024) - Unaudited REVENUE REALIZED REVENUE REALIZED $4,396 $8,946 $13,421 $18,014 $22,489 $27,111 $31,697 $36,310 $40,874 $45,552 $50,029 $54,757 $4,773 $9,646 $14,707 $19,641 $24,630 $29,598 $34,767 $39,900 $45,139 $0 $0 $0 $60,381 $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2022-23 Actual Cumulative 2023-24 Actual Budget 2023-24 Two Year Cumulative Revenues Comparison and CFY Budget -($ in thousands) S:\Finance\Financial Reports\Quarterly Financial Reports\FY2023-24\Jun\FY23-24 Budget Review - UF - thru Jun 24 Summarized401 Rev Sum 761 EXHIBIT D %% EXPENDED EXPENDED DISTRICT ENERGY PLANT 566,160$ 295,151$ 52%402,625$ 242,172$ 60% WATER DISTRIBUTION 1,871,578 1,253,079$ 67%1,982,956 1,270,310$ 64% PUBLIC WATER TREATMENT 8,783,821 5,380,096 61%7,571,503 5,102,616 67% METER READING & SERVICES 1,455,224 1,166,606 80%1,432,893 1,045,710 73% WASTEWATER COLLECTION 2,066,065 1,347,720 65%1,935,513 1,198,461 62% WASTEWATER PUMPING STATNS 2,990,161 2,266,186 76%2,904,154 1,858,746 64% SEWAGE TREATMENT 6,250,000 4,701,724 75%5,578,300 4,025,573 72% WATER QUALITY 697,553 439,131 63%714,801 468,733 66% UTILITY ADMINISTRATION 23,208,271 16,588,710 71%22,009,195 16,159,374 73% UTILITES ENGINEERING 2,011,971 1,490,736 74%1,731,906 1,282,208 74% STORMWATER MAINTENANCE 1,771,228 1,269,343 72%1,777,486 1,004,913 57% CUSTOMER RELATIONS 1,056,415 596,414 56%1,089,933 623,776 57% DEBT SERVICE*7,652,257 1,400,093 18%7,653,471 1,447,083 19% LOCAL GRANTS - - 0%- 6,035 0% Total Expenditures 60,380,704$ 38,194,989$ 63%56,784,736$ 35,735,710$ 63% *adjusted to reflect Principal payments CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30, 2024 (75% of Fiscal Year 2024) - Unaudited EXPENDED EXPENDITURES ACCOUNTS UTILITY FUND ANALYSIS FY 2023-24 ADOPTED BUDGET FY 2023-24 TO DATE FY 2022-23 BUDGET APPROVED FY 2022-23 TO DATE EXPENDED $5,207 $14,948 $18,795 $22,401 $26,374 $30,453 $33,888 $38,234 $41,841 $45,494 $49,667 $54,571 $4,508 $10,462 $14,735 $18,672 $22,346 $26,092 $30,330 $34,610 $38,195 $0 $0 $0 $60,381 $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2022-23 Actual Cumulative 2023-24 Actual 2023-24 Budget Two Year Cumulative Expenditures Comparison and CFY Budget -($ in thousands) S:\Finance\Financial Reports\Quarterly Financial Reports\FY2023-24\Jun\FY23-24 Budget Review - UF - thru Jun 24 Summarized401 Exp Sum 762 CURRENT FY TO DATE REVENUES - 401 (Utility Fund)BUDGET TOTAL OCT NOV DEC (Period 3)JAN FEB MAR (Period 6)APR MAY JUN (Period 9)JUL AUG SEPT (Period 1 340 CHARGES FOR SERVICES 58,324,865 43,009,653 74%4,408,417 4,700,746 4,800,444 4,703,875 4,784,370 4,750,199 4,941,990 4,901,036 5,018,577 360 MISCELANEOUS. REVENUE 372,900 866,993 233%223,973 31,934 120,682 89,473 65,154 77,111 87,339 90,833 80,493 380 OTHER SOURCES 1,682,939 1,262,204 75%140,245 140,245 140,245 140,245 140,245 140,245 140,245 140,245 140,245 Total Revenues 60,380,704 $45,138,850 75%4,772,634 4,872,924 5,061,371 4,933,594 4,989,769 4,967,555 5,169,574 5,132,114 5,239,315 0 0 0 (2)$ Rounding, >"3" then reconcile EXPENDITURES - 401 (Utility Fund) Total Expenditures 60,380,704 $38,194,989 63%4,508,160 5,954,172 4,272,573 3,937,036 3,673,716 3,746,367 4,238,325 4,279,700 3,584,939 (0)$ Net Change 6,943,861 264,474 (1,081,247)788,798 996,557 1,316,052 1,221,188 931,249 852,414 1,654,376 0 0 0 FY23/24 MONTHLY ANALYSIS Revenue Expenditures OCT 4,772,634 4,508,160 NOV 4,872,924 5,954,172 Debt payment DEC 5,061,371 4,272,573 JAN 4,933,594 3,937,036 FEB 4,989,769 3,673,716 MAR 4,967,555 3,746,367 APR 5,169,574 4,238,325 MAY 5,132,114 4,279,700 JUN 5,239,315 3,584,939 JUL 0 0 AUG 0 0 SEP 0 0 * 45,138,850 38,194,989 *excludes debt principal payment and includes depreciation (not budgeted) CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES & EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL FY23/24 MONTHLY ANALYSIS 2023/24 REVENUE ACTUAL 4,772,6344,872,9245,061,3714,933,5944,989,7694,967,5555,169,5745,132,1145,239,3150004,508,1605,954,1724,272,5733,937,0363,673,7163,746,3674,238,3254,279,7003,584,939000$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Boynton Beach Utility Fund Monthly Comparison of Revenues & Expenditures from October 2023 to June 2024 Revenue Expenditures S:\Finance\Financial Reports\Quarterly Financial Reports\FY2023-24\Jun\FY23-24 Budget Review - UF - thru Jun 24 Summarized:Rev Exp 23-24 8/9/2024 763 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 08/20/2024 Meeting Date: 08/20/2024 Proposed Ordinance No. 24-012- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 2, "Administration," Article II, "City Manager," Section 2-30 "Powers and Duties Generally," by creating a new subsection "K," authorizing the City Manager to execute certain contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-012, on first reading. Explanation of Request: The City Manager is the City's chief administrative officer and is responsible to the City Commission for the administration of all City affairs. City Administration and the City Attorney's Office identified gaps in existing City ordinances and policies. In an attempt to establish a clear framework, enhance transparency, codify long-term policy declarations of the Commission, and ensure that documents are legally executed, City Department Directors were asked to identify the types of contracts that they believed to be routine in nature and that were historically signed by the City Manager. This ordinance establishes and formalizes policies regarding contract execution authority for various contracts for programs and services that are routine or otherwise necessary to implement the City's day- to-day work. Over time, the City Commission has adopted resolutions and created policies that authorized the City Manager to execute procurement contracts and other documents. This ordinance codifies such prior policy decisions (e.g., R18-002, R22-132, R24-011, R15-026, R14-032) and clarifies signature authority for certain programs already adopted by ordinance. This ordinance will enable City administration to function at the most efficient level by authorizing the City Manager to execute certain contracts under the conditions specified in the ordinance. The ordinance only applies to budgeted contracts. It requires any document signed to comply with all Risk Management policies and the City's Procurement Policy and requires the form of agreement to be approved by the City Attorney's Office. Article I, Section 7 of the City Charter provides that the City Commission has the power to enter into contracts on behalf of the City, and all contracts shall be attested by the City Clerk with the seal of the City affixed hereto. Based on the authority vested in the Commission under Article I, Section 7 of the Charter, it is within the City Commission’s purview to authorize the City official it deems appropriate to execute a document. This ordinance is consistent with prior policies set by the City Commission, which has delegated signature authority through 764 ordinance on numerous occasions (e.g., sections 2-56.1, 18-196, 28-8.2, 18-229, 15-117.5, 26-508, 5-27, 3-5, and 27-8 of the City Code). How will this affect city programs or services? This ordinance establishes a signature authority framework and provides express rather than implied authority, ensuring contracts executed are legally enforceable thereby reducing the City's risk, streamlining the City's contract signature process, and clarifying the City Manager's signature authority. Fiscal Impact: N/A Attachments: City Manager Signature Authority Ordinance- 8.12.24.docx business-impact-estimate-City_Manager_Signature_Authority.pdf 765 8.12.24 (SRW) Page 1 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-______1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 4 2, “ADMINISTRATION,” ARTICLE II, “CITY MANAGER,” 5 SECTION 2-30 “POWERS AND DUTIES GENERALLY,” BY 6 CREATING A NEW SUBSECTION “K,” AUTHORIZING THE 7 CITY MANAGER TO EXECUTE CERTAIN CONTRACTS ON 8 BEHALF OF THE CITY; PROVIDING FOR CODIFICATION, 9 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN 10 EFFECTIVE DATE.11 12 WHEREAS, the City Manager is the chief administrative officer of the City and is 13 responsible to the City Commission for the administration of all City affairs; and14 WHEREAS, the City Commission desires to establish policies regarding contract 15 execution authority for various contracts for programs and services that are routine in nature or 16 otherwise necessary for the implementation of City programs and services as further described 17 herein; and18 WHEREAS, over time, the City Commission has adopted resolutions and created policies19 that authorized the City Manager to execute procurement contracts and other documents, and the 20 City Commission now desires to codify such prior policy decisions; and21 WHEREAS, the City Commission has determined that in order for City administration to 22 function at the most efficient level, the City Manager shall be granted the authority to execute 23 certain contracts under the conditions specified herein. 24 25 26 766 8.12.24 (SRW) Page 2 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 27 CITY OF BOYNTON BEACH, FLORIDA:28 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 29 correct and are hereby made a specific part of this Ordinance upon adoption hereof.30 Section 2:Part II, Chapter 2, Article II, Section 2-30, entitled “Powers and Duties 31 Generally” of the Code of Ordinances of the City of Boynton Beach is hereby amended to create 32 subsection “K” as follows:33 Part II, Chapter 2, Article II, entitled “City Manager.”34 Sec. 2-30. – Powers and duties generally.35 The city manager shall be the chief administrative officer of the city and be responsible to 36 the commission for the administration of all city affairs placed in his charge under the City Charter, 37 Code of Ordinances or assigned to him by the city commission. He shall have the power and duty 38 to:39 …40 (k): Approve and execute the following contracts, documents, and instruments (including41 amendments, task orders, extensions, renewals, and termination thereof) on behalf of the City, 42 subject to the following and any other limitations stated in this Code:43 (1)Corporate and media sponsorships of City programs and events;44 (2)Parks and recreation adopt a park or adopt a road agreements and special event45 permits involving no expenditure of City funds;46 767 8.12.24 (SRW) Page 3 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (3)Site access agreements, temporary parking agreements, and right of entry permits47 allowing the City to access or use property, which involve no expenditure of City funds;48 (4) Public art loan and display agreements involving no expenditure of City funds;49 (5)Employment agreements, including, but not limited to, employment, disciplinary, 50 and separation agreements, necessary to administer the City’s employment matters in accordance 51 with Article II, Section 20 of the City Charter, and Article II, Section 2-30 of the City Code of 52 Ordinances;53 (6)Volunteer agreements involving no expenditure of City funds;54 (7)Building permit applications for budgeted City construction projects;55 (8)Releases and partial releases of lien or conditional lien settlement agreements in 56 accordance with the City’s lien settlement policies in Article V, Sections 2-72 through 2-93 of the 57 City Code of Ordinances; and58 (9)Procurement contracts in accordance with the limits set forth in the City of Boynton 59 Beach procurement policy, as amended from time to time.60 Any contract that requires the City to indemnify another party shall require the approval of 61 the City Commission. All contracts executed by the City Manager or designee, pursuant to this 62 section, shall comply with the following: (i) each contract shall include insurance provisions as 63 established by the City’s Risk Management Division, (ii) must be budgeted, (iii) must be approved 64 as to form by the City Attorney’s Office, and (iv) shall comply with the City’s procurement policy, 65 if applicable. The City Manager, or designee, shall have the authority to terminate any contract 66 executed pursuant to this section. A quarterly report shall be submitted to the City Commission 67 768 8.12.24 (SRW) Page 4 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. listing the procurement contracts signed by the City Manager or designee, pursuant to this section,68 during the prior quarter.69 Section 3:Codification.It is the intention of the City Commission of the City of 70 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 71 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,72 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 73 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 74 intention. 75 Section 4:Severability.If any clause, section, or other part of this Ordinance shall be 76 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 77 or invalid part shall be considered eliminated and in no way affect the validity of the other 78 provisions of this Ordinance.79 Section 5:Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 80 parts of Resolutions in conflict herewith be and the same are repealed to the extent of such conflict.81 Section 6:Effective Date.That this Ordinance shall take effect immediately 82 upon passage.83 84 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)85 769 8.12.24 (SRW) Page 5 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________ 2024.86 SECOND, FINAL READING, AND PASSAGE this ______ day of _______ 2024.87 CITY OF BOYNTON BEACH, FLORIDA88 YES NO89 90 Mayor – Ty Penserga _____ _____91 92 Vice Mayor – Aimee Kelley _____ _____93 94 Commissioner – Woodrow L. Hay _____ _____95 96 Commissioner –Angela Cruz _____ _____97 98 Commissioner – Thomas Turkin _____ _____99 100 VOTE ______101 ATTEST:102 103 _____________________________104 Maylee DeJesús, MMC Ty Penserga105 City Clerk Mayor106 107 APPROVED AS TO FORM:108 (Corporate Seal)109 110 111 Shawna G. Lamb112 City Attorney113 770 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2, “ADMINISTRATION,” ARTICLE II, “CITY MANAGER,” SECTION 2-30 “POWERS AND DUTIES GENERALLY,” BY CREATING A NEW SUBSECTION “K,” AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 771 2 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The ordinance clarifies the signature authority of the City Manager and codifies prior policy decisions. This ordinance serves the public purpose of enabling City administration to function at the most efficient level. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): N/A 772 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 08/20/2024 Meeting Date: 08/20/2024 Proposed Ordinance No. 24-017- First Reading- An Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*," Article IX "Community Appearance and Maintenance," Section 15-120 "Minimum Standards for Appearance and Maintenance of Public Property and Private Property;" providing for conflicts, severability, codification; and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-017, on first reading. Explanation of Request: The Commission requested that requirements for tree trimming near overhead power lines be added to the City Code, giving the City the authority to regulate tree maintenance near overhead power lines of single-family and duplex properties. This is the main reason for updating this section of the Ordinance. Trees and other vegetation coming into contact with overhead power lines is the primary cause of outages and flickers, according to FPL. Sparking and other dangerous tree situations can also result from trees and other vegetation touching powerlines. Additionally, staff decided to update several other sections of this Ordinance in addition to introducing this new regulation. The updates will clarify certain sections and raise property maintenance standards to help maintain or increase property values by ensuring neighborhoods remain well-kept and safe. How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: N/A Attachments: Ordinance No. 24-017 Minimum_Standards_for_appearance_of_property_-_Ordinance.docx business-impact-estimate.pdf 773 1 ORDINANCE NO. 24-0172 3 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY 4 OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF 5 BOYNTON BEACH’S CODE OF ORDINANCES; CHAPTER 15 6 “OFFENSES- MISCELLANEOUS*,” ARTICLE IX “COMMUNITY 7 APPEARANCE AND MAINTENANCE,” SECTION 15-1208 “MINIMUM STANDARDS FOR APPEARANCE AND 9 MAINTENANCE OF PUBLIC PROPERTY AND PRIVATE 10 PROPERTY;” PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.12 WHEREAS, these amendments to the City’s Code of Ordinances include the addition 13 of tree maintenance near overhead powerlines of single-family and duplex properties; and14 WHEREAS,trees and other vegetation coming into contact with overhead power lines 15 is the primary cause of power outages and flickers; and16 WHEREAS, the amendments also consist of updates to terms to clarify certain sections 17 and raise property maintenance standards to help maintain or increase property values by 18 ensuring neighborhoods remain well kept and safe; and19 WHEREAS, having considered the recommendations of staff, the City Commission20 has determined that it is in the best interest of the citizens and residents of the City of Boynton 21 Beach to approve the amendment to the City’s Code of Ordinances as contained herein.22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR 23 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:24 SECTION 1. The foregoing whereas clauses are true and correct and are now ratified 25 and confirmed by the City Commission.26 SECTION 2. City of Boynton Beach’s Code of Ordinances, Chapter 15 “Offenses-27 Miscellaneous*,” Article IX “Community Appearance and Maintenance,” Section 15-120 28 “Minimum Standards for Appearance and Maintenance of Public Property and Private 29 Property” is hereby amended as follows:30 CHAPTER 15 OFFENSES- MISCELLANEOUS*31 …32 33 ARTICLE IX. COMMUNITY APPEARANCE AND MAINTENANCE34 …35 36 774 Sec. 15-120. MINIMUM STANDARDS FOR APPEARANCE AND MAINTENANCE 37 OF PUBLIC PROPERTY AND PRIVATE PROPERTY.38 39 (a)Streets and sidewalks.The owner(s) of all real property within the cCity abutting a 40 public or private street or sidewalk shall not permit and it shall be unlawful to permit the 41 growth of grass, weeds, or other flora, or sand or gravel into or over such street or 42 sidewalk, and such owners(s) shall not allow a tree(s) or any part thereof to extend over 43 a street or sidewalk below a height of ten (10) feet or the roots of a tree to break or raise44 lift up such street or sidewalk, or allow a tree or any part thereof to extend over a road, 45 street or right-of-way below a height of fourteen (14) feet.46 47 (b) Swales, rights-of-way, and alleys.48 49 (1) The owner(s) of all real property within the cCity abutting a public or private swale, 50 right-of-way, or alley shall not permit, and it shall be unlawful to permit the growth of a tree 51 growing in the adjacent swale, right-of-way or alley or any part thereof to extend over a street 52 or sidewalk below a height of ten (10) feet or the roots thereof to break or raise lift up the 53 contiguous street or sidewalk, or allow a tree or any part thereof to extend over a road or right-54 of-way below a height of fourteen (14) feet.55 56 The preceding paragraphs shall also require property owners to maintain swales, and 57 shoulders which lie between a property line and the pavement edge of an adjacent public street, 58 except where the swale or shoulder is regularly maintained by the cCity, Palm Beach County, 59 or other government agency.60 (2) It is unlawful for any person to place or cause to be placed any object or thing known 61 to modify the design, function, or shape of swales, rights-of-way, or alleys, on, over, or across 62 any swale, right-of-way, or alley, except the following:63 a. Grass or sod, soil or dirt;.64 b. Floral gGround cover, shrubsbbery, palms, or trees –provided written approval is 65 granted from by the c City's Utility Department and Development the City Engineer. for 66 shrubbery and trees located within swales, rights-of-way or alleys;.67 c. Postal mail boxes meeting the criteria of the U.S. Post Office.68 d. Solid objects made of metal, concrete, plastic, or similar materials protruding no more 69 than three and one-half (3½) inches above the ground, having a diameter no greater than eight 70 (8) inches at their widest points, having flat or rounded top surfaces, with each of such objects 71 being placed no less than five (5) feet apart.72 e. Other proposals not listed above may require written approval from the Utility 73 Department and the City Engineer.74 75 (c) Waterways.76 77 775 (1) The owner(s) of all real property within the cCity abutting a waterway shall not permit 78 and it shall be unlawful to permit the accumulation thereon of grass or weeds which attain a 79 height of twelve (12) inches or more.80 (2) The owner(s) of all real property within the cCity abutting upon a waterway shall not 81 permit and it shall be unlawful to permit trees on their respective properties to grow over the 82 waterways (unless ten (10) feet above the water surface) or limbs, fronds, coconuts, or other 83 debris to fall therefrom into such waterways. This shall not apply to species protected by the 84 state unless removal of such species has been approved by the state.85 (3) The owner(s) of the bottom of waterways within the cCity shall not permit, and it shall 86 be unlawful to permit, the growth of subsurface aquatic weeds above the surface of the water 87 or to an the extent that they it affects public stormwater drainage in to the waterway.88 (d) Front, side, and rear open and/or landscaped areas of private property.89 (1) Open and/or landscaped area maintenance: This includes, but is not limited to:90 a. The keeping storage or deposition (depositing) on, or the scattering over the premises, 91 including inside carports visible from a public or private right-of-way,of any junk, trash, debris, 92 construction materials not being actively used for construction, abandoned, discarded, or 93 derelict objects or equipment, including but not limited to automobiles, trucks, buses, 94 motorcycles, bicycles, furniture, major and minor appliances, trailers, cans, or containers. 95 b. The failure to keep or maintain all lots, fences, sheds, steps, driveways, and other 96 premises in any district clean, sanitary, and free from weeds, or overgrowth, or deterioration.97 c. The keeping, maintaining, propagation, existence, or permitting of any thing, by any 98 person or entity, by which the life or health of any person or persons may be threatened or 99 impaired, or by which or through which, directly or indirectly, disease may be caused, or the 100 environment of any person or place rendered unclean or unsanitary by the act of another or 101 others.102 d. The total non-pervious areas void of landscaping or xeriscape ground covers shall not 103 exceed one hundred (100) square feet of any pervious area visible from a public or private right-104 of-way, excluding alleys abutting rear yards. When such Should “dead spots” occur, they will 105 be sodded or seeded to reestablish grass, landscaping, or groundcover.106 e. Trees directly under and growing into facility/utility spaces shall be removed or pruned.107 Trees shall be maintained so that the mature tree canopy is a minimum of ten (10) feet from 108 overhead utility lines. Trees shall be pruned in accordance with the standards set forth by the109 American National Standards Institute (ANSI). Trees shall be pruned for the first time two (2)110 and five (5) years after planting, then every five (5) to seven (7) years thereafter. Shrubs shall 111 be maintained in a neat and healthy appearance. The placement of a hedge shall not cause any 112 traffic line-of-sight obstruction and must comply with the visibility requirements of Chapter 4, 113 Article VIII, Section 3.C.4.u., "Visual Obstructions of Intersections."114 115 776 f. Open and/or landscaped areas of the cCity, on developed properties, shall be covered 116 by a lawn which shall be maintained at a height not to exceed twelve (12) six (6) inches.117 f. g. Irrigation systems shall be maintained in good working order to provide complete 118 coverage.119 g. h. Pervious surfaces without irrigation systems shall utilize drought-tolerant grass, 120 shrubbery with mulch or wood chips, or other drought-tolerant species so that they may be 121 restored to a uniform green appearance as soon as weather conditions permit. Lawns which that 122 have died from lack of water or other causes shall be reseeded or sodded. This requirement shall 123 not apply to areas covered by pavement, areas that are covered by shellrock, limerock, gravel, 124 decorative stone, or any other dust-free surface, or areas covered by landscaping, mulch, or 125 wood chips, which that are regularly renewed and kept free of weeds.126 h. i. Trees, and shrubs shall be trimmed and pruned, and the property owner shall be 127 responsible for maintaining said trees and shrubs in accordance with subsections (a), (b), (c), 128 (d), and (d) (e) of this section.129 (2) Prohibition against nuisances: The owner(s) of all real property within the cCity shall 130 not permit a nuisance as defined by this article, and it shall be unlawful to permit a nuisance to 131 exist on its property such as: placing, depositing, leaving, or dumping any debris, refuse, trash, 132 rubbish, junk, garbage, ashes, broken articles, or waste material of any kind or nature on private 133 property, or to create thereby an attraction for animals, insects, or vermin, or to the deterioration 134 of any structure, or to create thereby a nuisance as defined in this article,or to place in jeopardy,135 the health, safety, and welfare of the citizens of the cCity. This shall not preclude placing of136 trash at the curb-side for pick up by sanitation vehicles.137 (e) Exterior of buildings and structures.138 (1) The owner(s) of all real property within the cCity shall not permit, and it shall be 139 unlawful to permit, the deterioration of a building’s the exterior such that of a building it 140 becomes a nuisance as defined by this article.141 (2) Building exterior maintenance: For the exterior of any buildings and structures, a 142 nuisance is declared to exist if the owner or tenant of real property permits the exterior of a 143 dwelling to deteriorate to the point where:144 a. Twenty percent (20%) 20% or more of the paint is mismatched, blistered, and peeling,145 or missing, or rotted on the exterior non-fenestrated building surface area, including but not 146 limited to, facia boards, eaves, siding, or awnings, garages, or carports.147 b. Twenty percent (20%) 20% or more of the roof surface materials, such as, shingles, 148 tiles, or any other roofing materials, are loose, or missing, or discolored.149 c. fFenestrable areas, such as windows, doors, screens, i.e. broken glass, screening, rails, 150 and styles are deteriorated.151 777 d. Twenty percent (20%) or more of discoloration of any exterior surface on the premises 152 of the property.153 SECTION 5.Each and every other provision of the City’s Code of Ordinances not 154 herein specifically amended shall remain in full force and effect as originally adopted.155 SECTION 6.All laws and ordinances applying to the City of Boynton Beach in 156 conflict with any provisions of this ordinance are hereby repealed.157 SECTION 7.Should any section or provision of this Ordinance or any portion thereof 158 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 159 remainder of this Ordinance. 160 SECTION 8.Authority is hereby given to codify this Ordinance.161 SECTION 9.This Ordinance shall become effective immediately upon second 162 passage.163 164 165 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)166 167 778 FIRST READING this 20th day of August 2024.168 169 SECOND, FINAL READING, AND PASSAGE THIS _____day of _______ 2024.170 171 CITY OF BOYNTON BEACH, FLORIDA172 173 YES NO174 175 Mayor – Ty Penserga _____ _____176 177 Vice Mayor – Aimee Kelley _____ _____178 179 Commissioner – Angela Cruz _____ _____180 181 Commissioner – Woodrow L. Hay _____ _____182 183 Commissioner – Thomas Turkin _____ _____184 185 VOTE ______186 187 ATTEST:188 189 ___________________________________________________________190 Maylee De Jesús, MPA, MMC Ty Penserga191 City Clerk Mayor192 193 APPROVED AS TO FORM:194 (Corporate Seal)195 196 _______________________________197 Shawna G. Lamb198 City Attorney199 779 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; 1 See Section 166.041(4)(c), Florida Statutes. Proposed Ordinance First Reading, an Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach’s Code of Ordinances; Chapter 15 “Offenses-Miscellaneous*,” Article IX “Community Appearance and Maintenance,” Section15-120 “Minimum Standards for Appearance and Maintenances of Public Property and Private Property;” Providing for Conflicts, Severability, Codification; and Providing for an Effective Date. 780 Page 2 of 2 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The City of Boynton Beach desires to amend Chapter 15, “Offenses- Miscellaneous*,” Article IX, “Community Appearance and Maintenance,” Section15-120 “Minimum Standards for Appearance and Maintenances of Public Property and Private Property;” providing for codification conflict, severability, and an effective date. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: The cost will be $250 to $2,500 per tree, depending on their size and location. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: The cost will be $250 to $2,500 per tree, depending on their size and location. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 7,000 4. Additional information the governing body deems useful (if any): 781 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 08/20/2024 Meeting Date: 08/20/2024 Discussion regarding the preservation of Harvey Oyer Park, located at 2010 N. Federal Highway, Boynton Beach, FL 33435, through a restricted covenant. Requested Action: Discussion requested by Commissioner Turkin. Explanation of Request: Discuss placing a restrictive covenant on Harvey Oyer Park requiring the property to be used as a public park for municipal recreational purposes, providing perpetual public access to the waterfront and public access to the boat ramps, and permitting compatible ancillary uses such as public parking, restrooms, concessions/restaurants, and retail, as otherwise permitted by the City Code, and further providing that the use of the property for residential purposes shall be and is hereby prohibited in perpetuity. How will this affect city programs or services? A restrictive covenant will preserve Harvey Oyer Park and ensure public access to the waterfront and boat ramps. Fiscal Impact: N/A Attachments: Boatclub Property.jpg SU-1 SURVEY.pdf 782 783 784 City of Boynton Beach Agenda Item Request Form 10.D Regular Agenda 08/20/2024 Meeting Date: 08/20/2024 Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24/25 Requested Action: As requested by Commissioner Cruz. Attachments: Utilities Rate Structure (Commission Presentation 06.24.24)v2 (002).pptx Utilities Rate Tier Structure Comparison 082024.pptx 785 Rate StructureRevisions Dr. Poonam K. Kalkat Utilities Director July 8, 2024 Ryan Smith Rate Consultant 786 Recommendations •Miscellaneous Fees: Implement Cost-of-Service Justified Fees •Wastewater Billing Cap: Increase Billing Cap From 7,000 Gallons to 10,000 Gallons. Consistent With Other Neighboring Utilities. •Revised Commodity Tiers: Link Tier Increments to City’s Level-of- Service (250 Gallons Per Day) = 7,000 Gallons Per Tier •Customer Impact: 81% of Residential Consumers Will Not See An Increase To Their Water Or Wastewater Bills Purpose • Analyses Conducted to Evaluate Specific Charges and Rate Structures Which May Be Deficient or Outside of Industry Norms 787 Miscellaneous Fees • Proposed Fees Calculated to Recover Actual Cost of Providing One-Time Services. • Analysis Process –Conduct Staff Interviews, Identified Materials and Equipment Utilized, And Identified System Overhead Example Calculation - ¾ Inch Meter Connection Fee Identified Costs Labor and Personnel Related $170.48 Vehicle and Equipment $51.41 Meter and Parts $282.29 Overhead and Administrative $139.93 Calculated Costs $644.11 Recommended Fee $645.00 788 Residential Wastewater Billing Cap • Increase Wastewater Billing Cap From 7,000 to 10,000 Gallons • 81% of Residential Customers will see no impact to their bill. Comparison of Wastewater Billing Caps Surveyed Utilities Billing Cap Delray 10,000 Sea Coast Utilities 10,000 Pompano Beach 10,000 West Palm Beach 12,000 Lake Worth 12,000 Broward County 15,000 Wellington 15,000 Palm Beach County All Gallons Riviera Beach All Gallons 789 Alternative Water Commodity Tiers • Link Tiers To City’s Level-of-Service (250 gallons-per-day) • Capacity Purchased At Time of Development • No Increases to water rates • This adjustment will not affect 81% of residential customers. • High use residential and commercial customers will experience increase in their monthly bills. Water Commodity Charge Fiscal Year 2024 (Existing) Fiscal Year 2025 (Proposed) Tier 1 – $1.90 0-9,000 Gallons 0-7,000 Gallons Tier 2 – $3.40 9,001-30,000 Gallons 7,001-14,000 Gallons Tier 3 – $4.55 30,001-50,000 Gallons 14,001-21,000 Gallons Tier 4 – $5.60 50,001 Gallons and Up 21,001 Gallons and Up 790 Alternative Water Commodity Tiers – Commercial Impact • Alternative Tiers Reduce Average Revenue Differential Between Residential and Commercial Customer Classes. • Graph Below Represents the Amount a Typical Customer Pays per 1,000 Gallons. 791 Revised Tiers – Residential Impact 792 Residential Bill Comparison • 1 Year Change to Other Utility Average = 6.27% 793 Estimated Annual Revenue Impact Estimated Annual Revenues From Recommendations Miscellaneous Fees $250,000 Alternative Water Commodity Tiers $600,000 Wastewater Billing Cap $1,500,000 Total Estimated Annual Revenue Impact $2,350,000 794 Questions and Answers Ryper Water Analytics Ryan Smith Ryan@Ryperwater.com (407) 537-9878 Thank you! 795 Rate and TierStructureComparison Dr. Poonam K. Kalkat Utilities Director August 20, 2024 796 Commodity Tier Comparison to Neighboring Utilities Utility Tier 1 Tier 2 Tier 3 Tier 4 Boynton Beach -Proposed 0-7,000 7,001-14,000 14,001-21,000 21,001 and Up Other Neighboring Utilities Palm Beach County 0-4,000 4,001-10,000 10,001-25,000 25,001 and Up Wellington 0-6,000 6,001-14,000 14,001-25,000 25,001 and Up Palm Beach Gardens (Seacoast)0-6,000 6,001-30,000 30,001 and Up West Palm Beach 0-7,500 7,501-13,000 13,001-28,000 28,001 and Up Boynton Beach –Existing 0-9,000 9,001-30,000 30,001-50,000 50,001 and Up Pompano Beach 0-10,000 10,001-15,000 15,001-25,000 25,001 and Up Delray 0-12,000 12,001-25,000 25,001 and Up Boca Raton 0-25,000 25,001 and Up 797 Monthly Water & Wastewater Bill Comparison to Other Neighboring Utilities Monthly Gallons Boynton Existing Boynton Proposed Boca Raton West Palm Delray Palm Beach Gardens Pompano Wellington Palm Beach County 0 $35.46 $35.46 $93.95 $39.39 $35.85 $54.35 $36.23 $52.45 $38.21 1,000 $39.81 $39.81 $94.97 $49.20 $40.39 $58.30 $43.56 $58.32 $43.00 2,000 $44.16 $44.16 $96.00 $59.02 $44.92 $62.26 $50.89 $64.20 $47.78 3,000 $48.51 $48.51 $97.02 $68.83 $49.45 $66.21 $58.22 $70.07 $52.57 4,000 $52.86 $52.86 $98.05 $78.64 $53.98 $70.17 $65.55 $75.94 $57.36 5,000 $57.21 $57.21 $99.07 $88.45 $58.51 $74.12 $72.88 $81.82 $64.87 6,000 $61.56 $61.56 $100.09 $98.27 $63.04 $78.08 $80.21 $87.69 $72.38 7,000 $65.91 $65.91 $101.12 $109.00 $67.57 $84.21 $87.54 $95.05 $79.90 8,000 $67.81 $71.76 $102.14 $119.74 $72.11 $90.35 $94.87 $102.41 $87.41 9,000 $69.71 $77.61 $103.17 $130.47 $76.64 $96.48 $102.20 $109.77 $94.93 10,000 $73.11 $81.01 $104.19 $141.21 $81.17 $102.56 $109.53 $117.13 $102.44 11,000 $76.51 $84.41 $105.22 $151.94 $85.70 $107.71 $114.00 $124.49 $111.27 12,000 $79.91 $87.81 $106.24 $162.68 $90.23 $112.85 $118.47 $131.85 $120.09 13,000 $83.31 $91.21 $107.27 $174.24 $94.29 $118.00 $122.94 $139.21 $128.92 Green Designated Lowest Monthly Bill at Each Usage Level 798 FY-2025 Other Neighboring Utility Rate Increases Fiscal Year 2025 Other Surveyed Utility Rate Adjustments West Palm Beach, City of 1.00% Boca Raton, City of 3.50% Palm Beach County 4.95% Palm Beach Gardens, City of (Seacoast Utility Authority)5.20% Delray, City of 6.90% Pompano Beach, City of 10.00% Wellington, Village of 10.00% Average Rate Adjustment 5.94% 799 Residential Bill Comparison • 1 Year Change to Other Utility Average = 6.27% 800 Questions and Answers Thank you! Dr. Poonam K. Kalkat Utilities Director 801 City of Boynton Beach Town Square Settlement Date (on Bank Statement)Amount GL Acct Comments Wire-in 4/24/2023 4,500,000$ $2,650,921.60 001-0000-369-37-00 // $1,849,078.40 302-0000-369-37-00 Goren, Choref, Doody, Ezrol 6/20/2023 32,122$ 001-0000-369-37-00 Goren, Choref, Doody, Ezrol // Litigation Incentive 9/1/2023 23,063$ 302-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive 2/9/2024 24,482$ 001-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive 5/15/2024 8,334$ 001-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive 7/22/2024 11,999$ 001-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive Total 4,600,000$ 802 734803 735804 732805 733806 730807 731808